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AB-2887 Statewide emergencies: mitigation.(2019-2020)

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Date Published: 03/17/2020 04:00 AM
AB2887:v98#DOCUMENT

Amended  IN  Assembly  March 16, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2887


Introduced by Assembly Member Bonta Assembly Members Bonta, Chiu, Gipson, Reyes, Santiago, Weber, and Wicks
(Coauthors: Assembly Members Bloom, Burke, Cervantes, Chau, Chu, Quirk, Quirk-Silva, and Mark Stone)

February 21, 2020


An act to amend Sections 3501 of the Public Contract Code, relating to public contracts. An act to amend Sections 46392, 47613.5, and 49550 of the Education Code, to add Sections 8575.2 and 63089.81 to the Government Code, to add Sections 249.5 and 249.6 to the Labor Code, to add Sections 779.6, 10010.2, 12823.2, and 16482.2 to the Public Utilities Code, and to add Sections 22282.2, 31017, 35414, and 71602 to the Water Code, relating to statewide emergencies, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 2887, as amended, Bonta. Public contracts: Buy Clean California Act: eligible materials. Statewide emergencies: mitigation.
(1) For purposes of state apportionments to public schools, if the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of a specified event, including an epidemic, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school the total average daily attendance that would have been credited had the emergency not occurred.
This bill would revise the above-described triggering event to be an epidemic, pandemic, or outbreak of infectious disease, and would provide that the various specified triggering events apply to decreases in average daily attendance due to illness, quarantine, social isolation, and social distancing, absences taken as preemptive measures, independent study and distance learning requests, and pupils who are absent due to quarantine, but cannot provide the appropriate documentation.
Existing law requires each school district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil, as defined, one nutritionally adequate free or reduced-price meal during each schoolday, and authorizes them to use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil. The Charter Schools Act of 1992 requires a charter school to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, except as provided.
This bill would require each school district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to continue to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each day that, had it not been declared a state of emergency or a major disaster, would have been considered a schoolday, except for family daycare homes that are required to be reimbursed for 75% of the meals served. The bill would require a charter school also to continue to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each day that, had it not been declared a state of emergency or a major disaster, would have been considered a schoolday. The bill would require meals to be distributed, with an option to deliver to the home of each needy pupil, in a manner that complies with local, state, and federal agency guidelines regarding the declared state of emergency or major disaster. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
(2) Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant. A tenant is subject to an unlawful detainer action if the tenant continues to possess the property without permission of the landlord in specified circumstances, including when the tenant has violated the lease or rental agreement by defaulting on rent. A landlord commences an unlawful detainer action by filing and serving the defendant with a complaint.
The California Emergency Services Act authorizes the Governor to declare a state of emergency, and local officials and local governments to declare a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist, and authorizes the Governor or the appropriate local government to exercise certain powers in response to that emergency.
This bill would, during a state-declared state of emergency, establish a moratorium of the collection of rent from a tenant that is a small business and a moratorium on the filing of an unlawful detainer action due to a default in the payment of rent against a small business, as defined.
(3) Under the Small Business Financial Assistance Act of 2013, the California Infrastructure and Economic Development Bank, within the Governor’s Office of Business and Economic Development, administers specific programs relating to small business, either administered directly by the bank or under contract with small business financial development corporations.
This bill would require the California Infrastructure and Economic Development Bank, during a state-declared public health state of emergency or a prolonged medical emergency or natural disaster, to provide zero-interest rate loans directly to small businesses and nonprofit organizations affected by the emergency or disaster, as specified, from the California Small Business Expansion Fund, a continuously appropriated fund. The bill would require the bank to establish an application process and a selection criteria for the loans awarded pursuant to these provisions.
(4) Under existing law, the Healthy Workplaces, Healthy Families Act of 2014, an employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days, as specified. Existing law requires an employee to accrue paid sick days at the rate of not less than one hour per every 30 hours worked subject to specified use and accrual limitations.
This bill, in the event of a state-declared public health state of emergency, including the COVID-19 pandemic, would provide each employee with paid sick days for immediate use, regardless of how long the employee has been employed. The bill would provide a full-time salaried employee paid sick days in an amount sufficient to provide the employee with 14 continuous days away from work, and would provide a part-time or hourly employee with paid sick days in an amount equal to the number of hours that the employee was scheduled to work, or, if not scheduled to work, regularly works in a 14-day period, as specified. The bill would authorize an employee to use those paid sick days to care for a family member affected by the public health crisis, to care for a child because of a school closing related to the public health crisis, or because the employee has been affected by the public health crisis.
This bill would, upon appropriation by the Legislature, require the Department of Industrial Relations to establish a program to provide paid sick days for family care and medical leave due to a public health crisis to independent contractors and day laborers. The bill would require the program to provide paid sick days in an amount equal to the number of hours that the independent contractor or day laborer was scheduled to work or, if not scheduled, regularly works in a 14-day period, as specified. The bill would require the department to establish an application process for independent contractors and day laborers to apply for the paid sick days provided under these provisions.
(5) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, gas corporations, and water corporations. Existing law prohibits an electrical, gas, or water corporation from terminating residential service (A) during the pendency of an investigation by the utility of a customer or subscriber dispute or complaint, (B) when a customer has been granted an extension of the period for payment of a bill, or (C) on the certification of a licensed physician and surgeon that to do so will be life threatening to the customer and the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement with the utility with respect to all charges that the customer is unable to pay prior to delinquency. Existing law requires that a customer that meets the requirements of (C), upon request, be permitted to amortize, over a period not to exceed 12 months, the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal period for payment. Existing law requires that a residential customer who has, before termination of service, made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full within the normal period for payment, be given an opportunity for review of the request by a review manager of the utility and that the review include consideration of whether the customer will be permitted to amortize any unpaid balance of the delinquent account over a reasonable period of time, not to exceed 12 months. Existing law prohibits termination of the service of any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period.
Existing law authorizes the furnishing of utility services by publicly owned entities that are subject to control by their governing bodies, including municipal corporations, municipal utility districts, and public utility districts. Existing law places restrictions upon a municipal corporation, municipal utility district, or public utility district that provides light, water, power, or heat from terminating service identical to those above-described restrictions that are applicable to electrical, gas, and water corporations.
This bill would prohibit an electrical corporation, gas corporation, water corporation, municipal corporation, municipal utility district, or public utility district from terminating residential or small commercial electrical, gas, or water service for nonpayment for the first 3 billing cycles following a state of emergency or major disaster, as defined, for a customer that may have been affected by the emergency or major disaster, except in compliance with the bill’s requirements. The bill would require those utilities, following a state of emergency or major disaster, to include a notice in the first 3 billing statements made to those residential and small commercial customers that may have been affected by the state of emergency or major disaster, informing those customers that if, as a result of conditions associated with the state of emergency or major disaster, the customer suffered financially and is unable to pay for service in full within the normal period for payment, the customer may apply for an amortization agreement or other extension, to pay the unpaid balance within a reasonable period of time, not to exceed 12 months. The bill would require the utility to grant an extension or amortization request if the residential or small commercial customer represents to the utility that the customer suffered financially as a result of the conditions associated with the state of emergency or major disaster and that as a result the customer is unable to pay for service in full within the normal period for payment. The bill would prohibit the utility from terminating the service of any customer complying with an amortization agreement or other extension, if the customer also keeps the account current as charges accrue in each subsequent filling period following the first 3 billing statements made following the state of emergency or major disaster.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because certain provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements with respect to an electrical, gas, or water corporation would be a crime, the bill would impose a state-mandated local program by creating a new crime. By placing additional requirements upon municipal corporations, municipal utility districts, and public utility districts, the bill would impose a state-mandated local program.
(6) The Irrigation District Law authorizes the formation of irrigation districts and authorizes those districts to provide various utility services, including providing water service and the generation, transmission, distribution, and sale of electricity for use inside or outside the boundaries of the district. Existing law authorizes an irrigation district to refuse service to any land if outstanding charges for services already rendered to that land have not been paid within a reasonable time.
Existing law authorizes the formation of municipal water districts, county water districts, and California water districts and authorizes those districts to adopt ordinances fixing the charges for the furnishing of commodities or services, to enforce district rules or regulations pertaining to the sale or distribution of water, and to petition the superior court for the issuance of an order stopping or disconnecting a service if the charges for that service are unpaid at the time specified in an ordinance, rule, or regulation.
This bill would prohibit an irrigation district from terminating residential or small commercial electrical or water service, and would prohibit a municipal water district, county water district, or California water district from terminating residential or small commercial water service for nonpayment for the first 3 billing cycles following a state of emergency or major disaster for a customer that may have been affected by the emergency or major disaster, except in compliance with the bill’s requirements, which are identical to the obligations and restrictions that the bill places upon an electrical corporation, gas corporation, water corporation, municipal corporation, municipal utility district, and public utility district.
(7) This bill would declare that its provisions are severable.
(8) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the Buy Clean California Act, requires the Department of General Services, by January 1, 2021, to establish, and publish in the State Contracting Manual, in a department management memorandum, or on the department’s internet website a maximum acceptable global warming potential for each category of eligible materials, as defined. The act requires an awarding authority, for contracts entered into on and after July 1, 2021, to include in a specification for bids for an eligible project that the facility-specific global warming potential for any eligible material does not exceed the maximum acceptable global warming potential for that material, and prohibits a bidder for a contract from installing any eligible materials on the project until a facility-specific Environmental Product Declaration is submitted, except as specified.

This bill would revise the definition of eligible materials to additionally include gypsum board, insulation, carpet, carpet tiles, and ceiling tiles.

Vote: MAJORITY2/3   Appropriation: NOYES   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 Section 46392 of the Education Code is amended to read:

46392.
 (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(1) Fire.
(2) Flood.
(3) Impassable roads.
(4) Epidemic. Epidemic, pandemic, or outbreaks of infectious disease.
(5) Earthquake.
(6) The imminence of a major safety hazard as determined by the local law enforcement agency.
(7) A strike involving transportation services to pupils provided by a nonschool entity.
(8) An order provided for in Section 41422.
(b) (1) In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.
(2) This section shall also apply to decreases in average daily attendance due to illness, quarantine, social isolation, and social distancing, absences taken as preemptive measures, independent study and distance learning requests, and pupils who are absent due to quarantine, but cannot provide the appropriate documentation. These factors shall be taken into account in addition to those covered by Form J-13A, as it existed on March 13, 2020.

(2)

(3) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.

(3)

(4) Notwithstanding any other law, the Superintendent shall extend through the 2018–19 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.
(c) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.
(d) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school district’s facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply:
(1) In the 2020–21 fiscal year, for school districts, the Superintendent shall calculate the difference between the school district’s certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 2020–21 fiscal year and the 2019–20 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.
(2) In the 2019–20 and 2020–21 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter school’s certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school.
(3) For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 2019–20 and 2020–21 fiscal years, the Superintendent shall calculate the difference between the county office of education’s alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.
(4) A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school district’s local control funding formula apportionment pursuant to Section 2576.
(5) In each fiscal year, the allocations shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(6) (A) The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.
(B) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202.
(e) This section applies to any average daily attendance that occurs during any part of a school year.

SEC. 2.

 Section 47613.5 of the Education Code is amended to read:

47613.5.
 (a) A charter school shall provide each needy pupil, as defined in Section 49552, with one nutritionally adequate free or reduced-price meal, as defined in subdivision (a) of Section 49553, during each schoolday.
(b) During the period of a state of emergency proclaimed by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the period of a major disaster or emergency declared by the President of the United States under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), a charter school shall continue to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each day that, had it not been declared a state of emergency or major disaster, would have been considered a schoolday. Meals shall be distributed, with an option to deliver to the home of each needy pupil, in a manner that complies with local, state, and federal agency guidelines regarding the declared state of emergency or major disaster, such as, but not limited to, guidelines issued by the federal Centers for Disease Control and Prevention.

(b)

(c) Notwithstanding subdivision (a), subdivisions (a) and (b), a charter school that offers nonclassroom-based instruction, as defined in Section 47612.5, shall meet the requirements of this section for any eligible pupil on any schoolday that the pupil is scheduled for educational activities, as defined in Section 49010, lasting two or more hours, at a schoolsite, resource center, meeting space, or other satellite facility operated by the charter school.

(c)

(d) (1) Except as provided in paragraph (2), a charter school shall implement this section commencing with the 2019–20 school year.
(2) A charter school that becomes operational on or after July 1, 2019, shall do both of the following:
(A) Implement this section no later than July 1 of the school year after becoming operational.
(B) Provide written notification disclosing the period of time for which the charter school will not implement subdivision (a). The written notice shall be provided at the time of application for enrollment in the charter school to the parent or guardian of each pupil or, if the pupil is a foster child or youth or a homeless child or youth, the pupil’s educational rights holder. The written notice shall be provided in languages other than English, consistent with languages used for the charter school enrollment application.

(d)

(e) The chartering authority shall, upon request by a charter school and to the extent feasible within existing resources, provide technical assistance to the charter school in implementing this section.

(e)

(f) A charter school may enter into a partnership with an existing school food authority for the purposes of implementing this section.

SEC. 3.

 Section 49550 of the Education Code is amended to read:

49550.
 (a) Notwithstanding any other law, a school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, shall provide each needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, except for family daycare homes that shall be reimbursed for 75 percent of the meals served.
(b) During the period of a state of emergency proclaimed by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the period of a major disaster or emergency declared by the President of the United States under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), a school district or county superintendent of schools maintaining kindergarten or any grades 1 to 12, inclusive, shall continue to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each day that, had it not been declared a state of emergency or major disaster, would have been considered a schoolday, except for family daycare homes that shall be reimbursed for 75 percent of the meals served. Meals shall be distributed, with an option to deliver to the home of each needy pupil, in a manner that complies with local, state, and federal agency guidelines regarding the declared state of emergency or major disaster, such as, but not limited to, guidelines issued by the federal Centers for Disease Control and Prevention.

(b)

(c) To comply with subdivision (a), subdivisions (a) and (b), a school district or county office of education may use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil, including the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or may do so at the expense of the school district or county office of education.

(c)

(d) For purposes of this article, “schoolday” means any day that pupils in kindergarten or grades 1 to 12, inclusive, are attending school for purposes of classroom instruction, including, but not limited to, pupil attendance at minimum days, state-funded preschool, transitional kindergarten, summer school including incoming kindergarten pupils, extended school year days, and Saturday school sessions.

SEC. 4.

 Section 8572.5 is added to the Government Code, to read:

8572.5.
 (a) During a state-declared public health state of emergency declared by the Governor pursuant to this chapter, there shall be a moratorium on both of the following:
(1) The collection of rent from a small business. This paragraph shall not reduce or eliminate the tenant’s obligation to pay the full amount of rent owed upon the conclusion of the state or emergency; however, rents collected upon the conclusion of the emergency shall be paid without interest or penalty for late payment.
(2) Filing an action pursuant to paragraph (2) of Section 1161 of the Code of Civil Procedure for a default in the payment of rent against a tenant that is a small business.
(b) For purposes of this section, “small business” shall mean the same as defined in Section 14837.

SEC. 5.

 Section 63089.81 is added to the Government Code, to read:

63089.81.
 (a) During a state-declared public health state of emergency or a prolonged medical emergency or natural disaster, the bank shall do both of the following with moneys in the expansion fund:
(1) Provide zero-interest rate small business loans directly to small businesses affected by the emergency or disaster.
(2) Provide zero-interest rate loans directly to nonprofit organizations affected by the emergency or disaster for the purpose of enabling the nonprofit organization to continue to provide essential services.
(3) Provide zero-interest rate loans directly to small nonprofit organizations affected by the emergency or disaster for the purpose of enabling the small nonprofit organization to continue to provide essential and nonessential services.
(b) The bank shall establish an application process and a selection criteria for the loans awarded pursuant to this section.
(c) For purposes of this section:
(1) “Nonprofit organization” means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of Title 26 of the United States Code.
(2) “Small nonprofit organization” means a nonprofit organization that has fewer than 100 employees.
(3) “State-declared public health state of emergency” means a state of emergency proclaimed by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2) that affects the public health.

SEC. 6.

 Section 249.5 is added to the Labor Code, to read:

249.5.
 (a) The Legislature finds and declares that establishing uniform statewide regulations for paid coronavirus (COVID-19) sick leave is a matter of statewide concern.
(b) In the event of a state-declared public health state of emergency, such as the COVID-19 pandemic, an employee shall receive and may immediately use the paid sick days described in subdivision (c), regardless of how long the employee has been employed by an employer.
(c) (1) A full-time salaried employee shall be granted a specified amount of paid sick days that is sufficient to provide the employee with 14 continuous days away from work, or the sufficient amount of quarantine time recommended by the World Health Organization, without a reduction in pay.
(2) A part-time or hourly employee shall be granted a specified amount of paid sick days equal to the number of hours that the employee was scheduled to work, or sufficient amount of quarantine time recommended by the World Health Organization, or, if the employee is not scheduled to work, the number of hours regularly worked in a 14-day period.
(3) The paid sick days described in this subdivision shall be separate and in addition to any other paid sick leave that the employee may be entitled to under this article.
(d) This section shall not be construed to discourage or prohibit an employer from the adoption or retention of a paid sick days policy that is more generous that is required pursuant to this section.
(e) This section establishes the minimum requirements pertaining to paid sick days and does not preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater accrual or use by employees of sick days, whether paid or unpaid, or that extends other protections to an employee.
(f) For purposes of this section:
(1) “Paid sick days” means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5.
(2) “Family care and medical leave due to a public health crisis” means any of the following:
(A) Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has been affected by the public health crisis.
(B) Leave to care for a child because of a school closing related to the public health crisis.
(C) Leave for an employee who has been affected by the public health crisis.
(3) “State-declared public health state of emergency” means a state of emergency proclaimed by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) that affects the public health.

SEC. 7.

 Section 249.6 is added to the Government Code, to read:

249.6.
 (a) Upon appropriation by the Legislature, the department shall establish a program to provide paid sick days for independent contractors and day laborers for family care and medical leave during a state-declared public health state of emergency.
(b) The program shall provide paid sick days for independent contractors and day laborers for a specified amount of paid sick time equal to the number of hours that the independent contractor or day laborer was scheduled to work, the sufficient amount of quarantine time recommended by the World Health Organization, or, if the contractor or laborer is not scheduled to work, the number of hours regularly worked in a 14-day period.
(c) Upon appropriation by the Legislature, the department shall establish an application process for independent contractors and day laborers to apply for paid sick days. As a part of that application process, the department shall determine the minimum amount of documentation necessary to qualify for paid sick days under the program.
(d) For purposes of this section:
(1) “Paid sick days” means time that is compensated at the same wage as the independent contractor or day laborer normally earns during regular work hours.
(2) “Family care and medical leave due to a public health crisis” means any of the following:
(A) Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has been affected by the public health crisis.
(B) Leave to care for a child because of a school closing related to the public health crisis.
(C) Leave for an employee who has been affected by the public health crisis.
(3) “State-declared public health state of emergency” means a state of emergency proclaimed by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) that affects the public health.

SEC. 8.

 Section 779.6 is added to the Public Utilities Code, to read:

779.6.
 (a) For purposes of this section, “state of emergency or major disaster” means the period of a state of emergency proclaimed by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the period of a major disaster or emergency declared by the President of the United States pursuant to the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.).
(b) No electrical corporation, gas corporation, or water corporation shall terminate residential or small commercial service for nonpayment for the first three billing cycles following a state of emergency or major disaster, for a customer that may have been affected by the emergency or major disaster, except in compliance with the requirements of this section.
(c) Following a state of emergency or major disaster, an electrical corporation, gas corporation, or water corporation shall include a notice in the first three billing statements made to those residential and small commercial customers that may have been affected by the state of emergency or major disaster, informing those customers that if, as a result of conditions associated with the state of emergency or major disaster, the customer suffered financially and is unable to pay for service in full within the normal period for payment, the customer may apply for an amortization agreement or other extension, to pay the unpaid balance within a reasonable period of time, not to exceed 12 months. The notice shall include the means by which the customer may, in writing, seek an amortization agreement or other extension to pay and shall include means by which the customer can apply for an amortization agreement or other extension electronically over the internet.
(d) Any residential or small commercial customer that represents to the corporation that the customer suffered financially as a result of the conditions associated with the state of emergency or major disaster and that as a result the customer is unable to pay for service in full within the normal period for payment, shall be granted an extension or be permitted to amortize the unpaid amounts asserted to be beyond the means of the customer to pay within the normal period for payment, over a period not to exceed 12 months.
(e) No termination of service shall be effected for any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent filling period following the first three billing statements made following the state of emergency or major disaster.

SEC. 9.

 Section 10010.2 is added to the Public Utilities Code, to read:

10010.2.
 (a) For purposes of this section, “state of emergency or major disaster” means the period of a state of emergency proclaimed by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the period of a major disaster or emergency declared by the President of the United States pursuant to the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.).
(b) No public utility providing electrical, gas, or water service shall terminate residential or small commercial service for nonpayment for the first three billing cycles following a state of emergency or major disaster, for a customer that may have been affected by the emergency or major disaster, except in compliance with the requirements of this section.
(c) Following a state of emergency or major disaster, a public utility providing electrical, gas, or water service shall include a notice in the first three billing statements made to those residential and small commercial customers that may have been affected by the state of emergency or major disaster, informing those customers that if, as a result of conditions associated with the state of emergency or major disaster, the customer suffered financially and is unable to pay for service in full within the normal period for payment, the customer may apply for an amortization agreement or other extension, to pay the unpaid balance within a reasonable period of time, not to exceed 12 months. The notice shall include the means by which the customer may, in writing, seek an amortization agreement or other extension to pay and shall include means by which the customer can apply for an amortization agreement or other extension electronically over the internet.
(d) Any residential or small commercial customer that represents to the public utility that the customer suffered financially as a result of the conditions associated with the state of emergency or major disaster, and that as a result the customer is unable to pay for service in full within the normal period for payment, shall be granted an extension or be permitted to amortize the unpaid amounts asserted to be beyond the means of the customer to pay within the normal period for payment, over a period not to exceed 12 months.
(e) No termination of service shall be effected for any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent filling period following the first three billing statements made following the state of emergency or major disaster.

SEC. 10.

 Section 12823.2 is added to the Public Utilities Code, to read:

12823.2.
 (a) For purposes of this section, “state of emergency or major disaster” means the period of a state of emergency proclaimed by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the period of a major disaster or emergency declared by the President of the United States pursuant to the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.).
(b) No district providing electrical, gas, or water service shall terminate residential or small commercial service for nonpayment for the first three billing cycles following a state of emergency or major disaster, for a customer that may have been affected by the emergency or major disaster, except in compliance with the requirements of this section.
(c) Following a state of emergency or major disaster, a district providing electrical, gas, or water service shall include a notice in the first three billing statements made to those residential and small commercial customers that may have been affected by the state of emergency or major disaster, informing those customers that if, as a result of conditions associated with the state of emergency or major disaster, the customer suffered financially and is unable to pay for service in full within the normal period for payment, the customer may apply for an amortization agreement or other extension, to pay the unpaid balance within a reasonable period of time, not to exceed 12 months. The notice shall include the means by which the customer may, in writing, seek an amortization agreement or other extension to pay and shall include means by which the customer can apply for an amortization agreement or other extension electronically over the internet.
(d) Any residential or small commercial customer that represents to the district that the customer suffered financially as a result of the conditions associated with the state of emergency or major disaster, and that as a result the customer is unable to pay for service in full within the normal period for payment, shall be granted an extension or be permitted to amortize the unpaid amounts asserted to be beyond the means of the customer to pay within the normal period for payment, over a period not to exceed 12 months.
(e) No termination of service shall be effected for any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent filling period following the first three billing statements made following the state of emergency or major disaster.

SEC. 11.

 Section 16482.2 is added to the Public Utilities Code, to read:

16482.2.
 (a) For purposes of this section, “state of emergency or major disaster” means the period of a state of emergency proclaimed by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the period of a major disaster or emergency declared by the President of the United States pursuant to the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.).
(b) No district providing electrical, gas, or water service shall terminate residential or small commercial service for nonpayment for the first three billing cycles following a state of emergency or major disaster, for a customer that may have been affected by the emergency or major disaster, except in compliance with the requirements of this section.
(c) Following a state of emergency or major disaster, a district providing electrical, gas, or water service shall include a notice in the first three billing statements made to those residential and small commercial customers that may have been affected by the state of emergency or major disaster, informing those customers that if, as a result of conditions associated with the state of emergency or major disaster, the customer suffered financially and is unable to pay for service in full within the normal period for payment, the customer may apply for an amortization agreement or other extension, to pay the unpaid balance within a reasonable period of time, not to exceed 12 months. The notice shall include the means by which the customer may, in writing, seek an amortization agreement or other extension to pay and shall include means by which the customer can apply for an amortization agreement or other extension electronically over the internet.
(d) Any residential or small commercial customer that represents to the district that the customer suffered financially as a result of the conditions associated with the state of emergency or major disaster, and that as a result the customer is unable to pay for service in full within the normal period for payment, shall be granted an extension or be permitted to amortize the unpaid amounts asserted to be beyond the means of the customer to pay within the normal period for payment, over a period not to exceed 12 months.
(e) No termination of service shall be effected for any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent filling period following the first three billing statements made following the state of emergency or major disaster.

SEC. 12.

 Section 22282.2 is added to the Water Code, to read:

22282.2.
 (a) For purposes of this section, “state of emergency or major disaster” means the period of a state of emergency proclaimed by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the period of a major disaster or emergency declared by the President of the United States pursuant to the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.).
(b) No district shall terminate water service to a residential or small commercial customer for nonpayment for the first three billing cycles following a state of emergency or major disaster that may have been affected by the emergency or major disaster, except in compliance with the requirements of this section.
(c) Following a state of emergency or major disaster, a district shall include a notice in the first three billing statements made to those residential and small commercial water service customers that may have been affected by the state of emergency or major disaster, informing those customers that if, as a result of conditions associated with the state of emergency or major disaster, the customer suffered financially and is unable to pay for service in full within the normal period for payment, the customer may apply for an amortization agreement or other extension, to pay the unpaid balance within a reasonable period of time, not to exceed 12 months. The notice shall include the means by which the customer may, in writing, seek an amortization agreement or other extension to pay and shall include means by which the customer can apply for an amortization agreement or other extension electronically over the internet.
(d) Any residential or small commercial customer that represents to the district that the customer suffered financially as a result of the conditions associated with the state of emergency or major disaster, and that as a result the customer is unable to pay for water service in full within the normal period for payment, shall be granted an extension or be permitted to amortize the unpaid amounts asserted to be beyond the means of the customer to pay within the normal period for payment, over a period not to exceed 12 months.
(e) No termination of service shall be effected for any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent filling period following the first three billing statements made following the state of emergency or major disaster.

SEC. 13.

 Section 31017 is added to the Water Code, to read:

31017.
 (a) For purposes of this section, “state of emergency or major disaster” means the period of a state of emergency proclaimed by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the period of a major disaster or emergency declared by the President of the United States pursuant to the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.).
(b) No district shall terminate electrical or water service to a residential or small commercial customer for nonpayment for the first three billing cycles following a state of emergency or major disaster that may have been affected by the emergency or major disaster, except in compliance with the requirements of this section.
(c) Following a state of emergency or major disaster, a district shall include a notice in the first three billing statements made to those residential and small commercial electrical and water service customers that may have been affected by the state of emergency or major disaster, informing those customers that if, as a result of conditions associated with the state of emergency or major disaster, the customer suffered financially and is unable to pay for service in full within the normal period for payment, the customer may apply for an amortization agreement or other extension, to pay the unpaid balance within a reasonable period of time, not to exceed 12 months. The notice shall include the means by which the customer may, in writing, seek an amortization agreement or other extension to pay and shall include means by which the customer can apply for an amortization agreement or other extension electronically over the internet.
(d) Any residential or small commercial customer that represents to the district that the customer suffered financially as a result of the conditions associated with the state of emergency or major disaster, and that as a result the customer is unable to pay for electrical or water service, or both, in full within the normal period for payment, shall be granted an extension or be permitted to amortize the unpaid amounts asserted to be beyond the means of the customer to pay within the normal period for payment, over a period not to exceed 12 months.
(e) No termination of service shall be effected for any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent filling period following the first three billing statements made following the state of emergency or major disaster.

SEC. 14.

 Section 35414 is added to the Water Code, to read:

35414.
 (a) For purposes of this section, “state of emergency or major disaster” means the period of a state of emergency proclaimed by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the period of a major disaster or emergency declared by the President of the United States pursuant to the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.).
(b) No district shall terminate water service to a residential or small commercial customer for nonpayment for the first three billing cycles following a state of emergency or major disaster that may have been affected by the emergency or major disaster, except in compliance with the requirements of this section.
(c) Following a state of emergency or major disaster, a district shall include a notice in the first three billing statements made to those residential and small commercial water service customers that may have been affected by the state of emergency or major disaster, informing those customers that if, as a result of conditions associated with the state of emergency or major disaster, the customer suffered financially and is unable to pay for service in full within the normal period for payment, the customer may apply for an amortization agreement or other extension, to pay the unpaid balance within a reasonable period of time, not to exceed 12 months. The notice shall include the means by which the customer may, in writing, seek an amortization agreement or other extension to pay and shall include means by which the customer can apply for an amortization agreement or other extension electronically over the internet.
(d) Any residential or small commercial customer that represents to the district that the customer suffered financially as a result of the conditions associated with the state of emergency or major disaster, and that as a result the customer is unable to pay for water service in full within the normal period for payment, shall be granted an extension or be permitted to amortize the unpaid amounts asserted to be beyond the means of the customer to pay within the normal period for payment, over a period not to exceed 12 months.
(e) No termination of service shall be effected for any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent filling period following the first three billing statements made following the state of emergency or major disaster.

SEC. 15.

 Section 71602 is added to the Water Code, to read:

71602.
 (a) For purposes of this section, “state of emergency or major disaster” means the period of a state of emergency proclaimed by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the period of a major disaster or emergency declared by the President of the United States pursuant to the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.).
(b) No district shall terminate water service to a residential or small commercial customer for nonpayment for the first three billing cycles following a state of emergency or major disaster that may have been affected by the emergency or major disaster, except in compliance with the requirements of this section.
(c) Following a state of emergency or major disaster, a district shall include a notice in the first three billing statements made to those residential and small commercial water service customers that may have been affected by the state of emergency or major disaster, informing those customers that if, as a result of conditions associated with the state of emergency or major disaster, the customer suffered financially and is unable to pay for service in full within the normal period for payment, the customer may apply for an amortization agreement or other extension, to pay the unpaid balance within a reasonable period of time, not to exceed 12 months. The notice shall include the means by which the customer may, in writing, seek an amortization agreement or other extension to pay and shall include means by which the customer can apply for an amortization agreement or other extension electronically over the internet.
(d) Any residential or small commercial customer that represents to the district that the customer suffered financially as a result of the conditions associated with the state of emergency or major disaster, and that as a result the customer is unable to pay for water service in full within the normal period for payment, shall be granted an extension or be permitted to amortize the unpaid amounts asserted to be beyond the means of the customer to pay within the normal period for payment, over a period not to exceed 12 months.
(e) No termination of service shall be effected for any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent filling period following the first three billing statements made following the state of emergency or major disaster.

SEC. 16.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 17.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
SECTION 1.Section 3501 of the Public Contract Code is amended to read:
3501.

For purposes of this section:

(a)“Awarding authority” means any of the following:

(1)A state agency for a contract for a public works project that is subject to the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2).

(2)The Regents of the University of California for a contract for a public works project that is subject to Chapter 2.1 (commencing with Section 10500) of Part 2.

(3)The Trustees of the California State University for a contract for a public works project that is subject to the California State University Contract Law (Chapter 2.5 (commencing with Section 10700) of Part 2).

(b)“Department” means the Department of General Services.

(c)“Eligible materials” means any of the following:

(1)Carbon steel rebar.

(2)Flat glass.

(3)Mineral wool board insulation.

(4)Structural steel.

(5)Gypsum board.

(6)Insulation.

(7)Carpet and carpet tiles.

(8)Ceiling tiles.

(d)“Eligible project” means a project that the awarding authority determines will require eligible materials.

(e)“Greenhouse gas emissions” has the same meaning as defined in subdivision (g) of Section 38505 of the Health and Safety Code.