Today's Law As Amended


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



As Amends the Law Today


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.
(9) Snowstorm.
(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) (1)  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.
(2) (A) From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(B) Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are 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:
(i) The school district, county office of education, or charter school is unable to provide in person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(ii) For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(iii) For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(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) (A)  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.
(B) In the 2021–22 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district.
(C) In the 2022–23 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district.
(2) (A)  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.
(B) In the 2021–22 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 2019–20 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) 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 pursuant to this subdivision  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) 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 September 2020, all of the following shall apply:
(1) For the 2021–22 fiscal year, for school districts, the Superintendent shall calculate the difference between the school district’s certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 2021–22 fiscal year and the 2019–20 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.
(2) For the 2021–22 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 2019–20 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter school’s certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 2021–22 fiscal year and the 2019–20 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
(3) School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.
(4) Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 2021–22 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.
(5) Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(f) Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:
(1) The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 2021–22, 2022–23, and 2023–24 fiscal years.
(2) The school shall be considered a necessary small school for the purpose of Section 42282 in the 2022–23 and 2023–24 fiscal years.
(g) (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.
(c) Notwithstanding 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.
(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.
(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.
(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.
(c) To comply with 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.
(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.