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AB-94 Postsecondary education trailer bill.(2019-2020)

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AB94:v96#DOCUMENT

Amended IN Senate June 22, 2020

Amended IN Senate June 13, 2019

Amended IN Senate June 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 94

Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Chiu, Cooper, Frazier, Cristina Garcia, Jones-Sawyer, Limón, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O’Donnell, Ramos, Reyes, Luz Rivas, Blanca Rubio, Mark Stone, Weber, Wicks, and Wood)

December 03, 2018

An act to amend Sections 6254, 8280, 8281, 8282, 8283, 8284, 8286, 8287, 8288, 8291, 8292, 8293, 8294, 8295, 8296, 13332.18, 15820.926, and 15820.946 of, to amend, repeal, and add Sections 12803, 12838, and 12838.1 of, to add Sections 8281.5 and 8290.5 to, and to add Article 1 (commencing with Section 12820) to Chapter 1 of Part 2.5 of Division 3 of Title 2 of, the Government Code, to amend Sections 490.4, 786.5, 853.6, 978.5, 1001.82, 1210.6, 5075, 13520, 13526, 13526.1, 13526.2, 13526.3, and 13899.1 of, to amend, repeal, and add Sections 830.5 and 2816 of, and to add Sections 830.53, 2936, 5007.3, 11105.9, 13503.5, and 30012 to, the Penal Code, to amend Section 1095 of the Unemployment Insurance Code, and to amend Section 1700 of, to amend, repeal, and add Sections 1703, 1710, 1711, 1712, 1714, 1731.5, and 1731.7 of, and to add and repeal Section 1752.2 of, the Welfare and Institutions Code, relating to public safety, and making an appropriation therefor, to take effect immediately, bill related to the budget. An act to amend Sections 69432, 69617, 70023, 78222, 84321.7, 84750.4, 88821, 88822, 88825, and 99200 of, to add Section 84321.62 to, to add Article 7 (commencing with Section 89780) to Chapter 6 of Part 55 of Division 8 of, to add Article 6 (commencing with Section 92060) to Chapter 1 of Part 57 of Division 9 of, Title 3 of, to add and repeal Sections 69438.9 and 84363 of, and to add and repeal Article 22.5 (commencing with Section 70027) of Chapter 2 of Part 42 of Division 5 of Title 3 of, the Education Code, to amend Sections 19816.18, 22956, and 22959.83 of the Government Code, to add and repeal Section 21168.6.10 of the Public Resources Code, and to amend Item 6440-001-0007 of Section 2.00 of the Budget Act of 2019 (Chapters 23 and 55 of the Statutes of 2019), relating to postsecondary education, and making an appropriation therefor, to take effect immediately, bill related to the budget.

LEGISLATIVE COUNSEL'S DIGEST

AB 94, as amended, Committee on Budget. ~~Public Safety: omnibus.~~Postsecondary education trailer bill.

(1) Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B Entitlement Awards, the California Community College Transfer Entitlement Awards, the Competitive Cal Grant A and B Awards, the Cal Grant C Awards, and the Cal Grant T Awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. Existing law specifies the amounts of the maximum Cal Grant A and B awards for students attending private nonprofit postsecondary institutions of higher education and private for-profit postsecondary educational institutions that are regionally accredited, as specified. For the 2020–21 award year, the maximum tuition award is either $9,084 or $8,056, as provided.
This bill instead would set the maximum Cal Grant A and B awards for students attending an independent institution of higher education at $9,084 for the 2020–21 award year.
(2) Existing law also requires that a person, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if the person is an alien without lawful immigration status, has filed a prescribed affidavit, is exempt from paying nonresident tuition at the California Community Colleges and the California State University.
Existing law, known as the California Dream Act of 2011, provides that a student attending the California State University, the California Community Colleges, or the University of California who is exempt from paying nonresident tuition under the provision described above is eligible to receive a scholarship derived from nonstate funds received, for the purpose of scholarships, by the public postsecondary educational segment that the student attends.
Existing law establishes the California Dreamer Service Incentive Grant Program under the administration of the Student Aid Commission. Existing law establishes the eligibility requirements for students participating in the program, including submission of a California Dream Act application to the commission and meeting all of the requirements for an exemption from paying nonresident tuition as described above.
This bill would suspend operation of the California Dreamer Service Incentive Grant Program for the 2019–20 and 2020–21 fiscal years, and would redirect local assistance funds available for the program for these fiscal years to provide disaster relief emergency student financial aid to students at the University of California, the California State University, and the California Community Colleges with identified financial need who meet all of the requirements for an exemption from paying nonresident tuition as described above, and apply for student financial aid, as provided.
(3) Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending all segments of postsecondary education. Existing law establishes the Golden State Teacher Grant Program under the administration of the commission to provide one-time grants of $20,000 to each student enrolled in an approved teacher credentialing program who commits to working in a high-need field at a priority school for 4 years after the student receives a preliminary teaching credential, as provided, and subject to moneys appropriated by the Legislature for purposes of the program. Existing law requires a grant recipient to agree to repay the grant to the state in specified circumstances. The Budget Act of 2019 appropriates $89,750,000 to fund the program that is available for encumbrance or expenditure until June 30, 2020. The Budget Act of 2020 appropriates specified moneys to fund the program that is available for encumbrance until June 30, 2021.
This bill would authorize grants for the Golden State Teacher Grant Program in an amount less than $20,000. The bill would extend the availability of funds appropriated for purposes of the program in the Budget Act of 2020 to June 30, 2023, and would specify program implementation criteria for which those funds may be expended, thereby making an appropriation. The bill would authorize the commission to adopt regulations necessary for the implementation of this program.
(4) Under existing law, the Middle Class Scholarship Program provides that an undergraduate student enrolled at the University of California or the California State University, or enrolled in upper division coursework in a community college baccalaureate program, and meeting certain requirements, is eligible for a scholarship award that, combined with other federal, state, and institutionally administered grants and fee waivers, totals up to 40% of the systemwide tuition and fees.
Existing law transfers $99,938,000 from the General Fund to the Middle Class Scholarship Fund for the 2017–18 fiscal year, $107,037,000 from the General Fund to the Middle Class Scholarship Fund for the 2018–19 fiscal year, $110,248,000 from the General Fund to the Middle Class Scholarship Fund for the 2019–20 fiscal year, and $117,000,000 from the General Fund to the Middle Class Scholarship Fund for the 2020–21 fiscal year and each fiscal year thereafter, and appropriates those sums to the Student Aid Commission for purposes of the scholarship program.
This bill would decrease the appropriation for the 2018–19 fiscal year from $107,037,000 to $104,345,000, and would increase the appropriation for the 2019–20 fiscal year from $110,248,000 to $117,000,000.
(5) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes the Student Equity and Achievement Program for the purpose of advancing the systemwide goal of boosting achievement for all students with an emphasis on eliminating achievement gaps for traditionally underrepresented groups through specified actions. Existing law requires a community college district to comply with certain requirements as a condition of the receipt of funds for purposes of the program and authorizes the Chancellor of the California Community Colleges to designate a percentage of funds allocated for the program for related administrative operations, as specified.
Existing law requires, to receive a certain funding incentive, the governing board of participating community college districts to designate as a “hunger free campus” each of its respective campuses that meet specified criteria, including an on-campus food pantry or regular food distributions on campus.
Existing law requires the California Community Colleges to designate a Dreamer Resource Liaison on each of their respective campuses to assist certain students, including undocumented students, by streamlining access to all available financial aid, social services, state-funded immigration legal services, internships, externships, and academic opportunities for those students.
This bill would require a community college district, as a condition of the receipt of funds for purposes of the Student Equity and Achievement Program, to also support, or establish, on-campus food pantries or regular food distributions.
(6) Existing law establishes community college districts throughout the state, authorizes the districts to provide instruction at the community college campuses they operate and maintain, and provides apportionments of state funds to the districts. Existing law requires the Board of Governors of the California Community Colleges to adopt regulations providing for the payment of apportionments to districts on a specified schedule.
This bill, notwithstanding the provisions referenced above, would adjust the payment of apportionments to community college districts commencing with the 2020–21 fiscal year to defer $1,453,243,000 of those payments in accordance with a designated schedule. The bill would appropriate that amount to the board of governors, in accordance with a specified provision of the Budget Act of 2020, for apportionments to community college districts for expenditure in the fiscal year in which the payments are disbursed. The bill, pursuant to a specified provision of the Budget Act of 2020, would authorize the Director of Finance to reduce the amounts of these deferrals if the director determines that there are sufficient federal funds provided to the state for that purpose for the 2020–21 fiscal year, as specified.
The bill would authorize up to $30,000,000 of the amounts deferred commencing with the 2020–21 fiscal year to instead be drawn in specified months of the prior fiscal year for community college districts that certify to the Office of the Chancellor of the California Community Colleges and to the Director of Finance that they will be unable to meet their financial obligations for any of the months of February, March, April, May, or June, as provided. If the total amount requested by community college districts pursuant to this provision exceeds $30,000,000 for any of the applicable months, the bill would authorize additional payments not to exceed $60,000,000 for any of the deferral months, as specified.
The bill would also require the Department of Finance, in collaboration with the Office of the Chancellor of the California Community Colleges, to annually report specified information about these deferral payments to the Joint Legislative Budget Committee.
(7) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. The California Community Colleges system comprises 73 community college districts and 115 campuses throughout the state.
Existing law requires the expenditure, during each fiscal year, for the payment of salaries of classroom instructors by a community college district, of 50% of the district’s current expense of education. Existing law defines “current expense of education” as the gross total expended for certain expenses that include academic salaries, classified salaries, employee benefits, and books, supplies, and equipment replacement, but that generally exclude expenses for student transportation, food services, and community services.
This bill, for purposes of computing the expenditure requirements pursuant to the provision described above, would require a community college district to exclude from that computation any expenditures incurred by that district during a state or local declared emergency related to the COVID-19 pandemic that are not otherwise normal expenditures that would have been incurred by that district. The bill would make its provisions inoperative on July 1, 2021, and would repeal them on January 1, 2022. To the extent that this bill would require community college districts to revise the process of computing their current expense of education, it would impose a state-mandated local program.
(8) Existing law establishes community college districts throughout the state, and authorizes these districts to provide instruction at the community college campuses they operate and maintain. Existing law provides for a formula for the calculation of general purpose apportionments of state funds to community colleges. Existing law provides for base allocations of state funds to be made to community college districts on a full-time equivalent student basis, in amounts differing according to fiscal year, and specified for certain community college districts.
Existing law, for the 2019–20 fiscal year, would set the marginal funding rates for the base allocation, supplemental allocation, and student success allocation to align with the total computational revenue computed by the Department of Finance for community college apportionments, and would allocate the revenue in specified percentages to those components. Existing law establishes hold harmless provisions to ensure a minimum level of funding to community college districts for the fiscal years 2018–19 to 2021–22, inclusive, as provided, and includes provisions to allocate different apportionments to the San Francisco Community College District and the Compton Community College District through the 2023–24 fiscal year.
This bill instead, for the 2019–20 fiscal year, would set the marginal funding rates for the base allocation, supplemental allocation, and student success allocation at specified amounts. The bill would provide a specified cost-of-living adjustment for purposes of these provisions, provide for certain adjustments in calculating the base allocation, supplemental allocation, and student success allocation for the 2020–21 fiscal year, and extend for 2 additional fiscal years the hold harmless provisions and the specified apportionments for the San Francisco Community College District and the Compton Community College District described above.
(9) Existing law establishes the Strong Workforce Program, which, among other things, provides funding to career technical education regional consortia made up of community college districts and local educational agencies, as specified. Existing law requires the apportionments for community colleges under the Strong Workforce Program to fund regionally prioritized projects and programs that meet the needs of local and regional economies.
This bill would encourage community college districts to expedite the development of targeted credit or noncredit short-term workforce training programs, as provided. The bill would specify that the regionally prioritized projects and programs funded with the Strong Workforce Program’s community college apportionments include short-term workforce training programs.
(10) Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as 2 of the segments of postsecondary education in this state.
This bill would require that funding provided to either of these segments in the annual budget act to provide summer term financial aid to any student who is eligible for state financial aid and who is a California resident, as specified, would be suspended on December 31, 2021, unless a designated condition exists relating to estimated state General Fund revenues and expenditures for the 2021–22 and 2022–23 fiscal years. The bill would express the intent of the Legislature to consider alternative solutions to restore the summer term financial aid if this suspension takes effect.
(11) Existing law provides for the establishment and maintenance by the Regents of the University of California, with the approval of the Concurrence Committee, of 9 specified subject matter projects, including the mathematics, science, writing, and reading and literature projects. Existing law requests the Regents of the University of California to establish and maintain cooperative endeavors designed to, among other things, provide teachers with instructional strategies for delivering career-oriented, integrated academic and technical content in a manner that is linked to high priority industry sectors, as provided.
This bill would add, to the cooperative endeavors requested from the Regents of the University of California, cooperative endeavors designed to address learning loss in mathematics, science, and English, language arts due to the COVID-19 pandemic. The bill would require the Concurrence Committee to provide a report on addressing learning loss due to the COVID-19 pandemic in the mathematics, science, writing, and reading and literature projects to the Governor and to appropriate policy and fiscal committees of the Legislature on or before January 1, 2024, including specified information, compiled for a 3-year period.
(12) Existing law creates the Public Employees’ Retirement System, the management and control of which is vested in the Board of Administration of the Public Employees’ Retirement System.
Existing law, the State Employees’ Dental Care Act, authorizes the state, through the Department of Human Resources, the Trustees of the California State University, or the Regents of the University of California, to contract with carriers for dental care plans for employees, annuitants, and eligible family members. Existing law requires the Board of Administration of the Public Employees’ Retirement System to assist the California State University upon request by providing annuitant names and addresses to the California State University solely for the purpose of notifying those annuitants of eligibility for enrollment in a dental care plan offered by the California State University.
This bill would instead require the board to assist the California State University upon request by providing retiree names and addresses to the California State University solely for the purpose of notifying retirees of eligibility for enrollment in a dental care plan.
(13) Existing law, the California State University Annuitant Vision Care Program, requires the California State University to administer a vision care program for all participating annuitants. Existing law requires the board to assist the California State University upon request by providing annuitant names and addresses to the California State University solely for the purpose of notifying those annuitants of eligibility for enrollment in a vision plan offered by the California State University.
This bill would instead require the board to assist the California State University upon request by providing retiree names for the purpose of notifying retirees of eligibility for enrollment in a vision care plan.
(14) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA.
This bill would establish specified procedures for the administrative and judicial review of the environmental review and approvals granted for a project undertaken by the University of California at the University of California, San Francisco, to implement the Comprehensive Parnassus Heights Plan – Final Report issued by the Regents of the University of California in October of 2019. The bill would apply certain rules of court establishing procedures requiring actions or proceedings seeking judicial review pursuant to CEQA or the granting of project approvals, including any appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court to an action or proceeding seeking judicial review of the lead agency’s action related to the project. The bill would, except as provided, prohibit the Regents of the University of California from prequalifying or shortlisting or awarding a contract to perform any portion of the project. The bill would repeal these provisions on January 1, 2026.
This bill would make legislative findings and declarations as to the necessity of a special statute for the University of California, San Francisco.
(15) The Budget Act of 2019 made appropriations for the support of state government for the 2019–20 fiscal year.
This bill would amend the Budget Act of 2019 by amending an item of appropriation to reduce an appropriation for support of the University of California, payable from the Breast Cancer Resources Account, Breast Cancer Fund, as specified.
(16) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law requires the board of governors to appoint a chief executive officer, to be known as the Chancellor of the California Community Colleges. Existing law establishes community college districts throughout the state and authorizes them to operate campuses and provide instruction.
This bill would appropriate $66,255,000 from the General Fund to the board of governors to allocate to community college districts for specified purposes. The bill would require the Office of the Chancellor of the California Community Colleges to submit a report on the use of these funds on or before January 1, 2023.
(17)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(18) This bill would state that its provisions are severable.
(19) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
(1)Existing law, the California Public Records Act, requires that public records, as defined, be available to the public for inspection and made promptly available to any person. Existing law generally makes records of investigations conducted by any state or local police agency exempt from these requirements, except that a video or audio recording that relates to a critical incident, as defined, may only be withheld temporarily under specified circumstances. If disclosure of a recording would violate the reasonable expectation of privacy of a subject of the recording that cannot be adequately protected through redaction, existing law requires the recording to be disclosed, upon request, to the subject of the recording whose privacy is to be protected. If disclosure to the person whose privacy is to be protected would substantially interfere with a criminal or administrative investigation, existing law requires the agency to provide the requester with the specific basis for making that determination. Under these circumstances, existing law purports to require the agency to provide the video or audio recording and allows the agency to withhold the recording for 45 days, subject to extensions.
This bill would instead require the agency to provide the estimated date for the disclosure of the video or audio recording under these circumstances, and would allow the agency to withhold the recording for the 45 day period, subject to extensions, as provided by existing law.
(2)Existing law establishes the California Law Revision Commission to examine the law for defects or anachronisms, or for antiquated or inequitable rules of law, and to recommend necessary reforms. Existing law requires the commission to study any topic that the Legislature, by concurrent resolution or statute, refers to the commission.
This bill would, commencing January 1, 2020, establish within the commission the Committee on Revision of the Penal Code, consisting of 7 members who would be appointed by the Legislature and the Governor. The bill would require the committee to study and make recommendations on revision of the Penal Code to achieve certain objectives, including simplifying and rationalizing the substance of criminal law and establishing alternatives to incarceration.
The bill would apply various provisions concerning the commission to the committee, including those relating to access to research materials, cooperation with other entities, and reporting requirements.
(3)Existing law prohibits a commission employee or member appointed by the Governor from advocating the passage or defeat of legislation concerning matters assigned to the commission or from appearing before any committee of the Legislature as to those matters unless requested by the committee or its chairperson.
This bill would instead authorize a commission employee or member to appear and testify at any legislative committee hearing on legislation to implement a commission recommendation for the purpose of explaining the recommendation, if the employee or member does not advocate the passage or defeat of the legislation.
~~The bill would also make changes to other provisions concerning the commission, including those relating to quorum requirements, compensation of members, and the appointment of an executive director.~~
(4)Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system, and establishes 3 undersecretaries appointed by the Governor: the Undersecretary for Administration and Offender Services, the Undersecretary for Health Care Services, and the Undersecretary for Operations. Under existing law, the Undersecretary for Administration and Offender Services oversees certain divisions, including the Division of Fiscal and Business Services and the Division of Internal Oversight and Research.
This bill would rename the Undersecretary for Administration and Offender Services as the Undersecretary of Administration, and would rename the Division of Internal Oversight and Research as the Division of Correctional Policy Research and Internal Oversight. The bill would also eliminate the Division of Fiscal and Business Services.
(5)Existing law establishes the Division of Juvenile Justice within the Department of Corrections and Rehabilitation to operate facilities to house specified juvenile offenders. Existing law establishes the California Health and Human Services Agency, which includes the State Department of Public Health, among other state departments charged with the administration of health, social, and other human services.
This bill would establish, commencing July 1, 2020, the Department of Youth and Community Restoration in the California Health and Human Services Agency and would abolish the Division of Juvenile Justice in the Department of Corrections and Rehabilitation. The bill would vest the Department of Youth and Community Restoration with all the powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of the Division of Juvenile Justice, and would make conforming changes. The bill would require the Division of Juvenile Justice, commencing July 1, 2019, and in coordination with the California Health and Human Services Agency and the Department of Corrections and Rehabilitation, to initiate the transfer process, and would require the transfer to be completed by July 1, 2020. The bill would require the Secretary of California Health and Human Services to convene a committee of the California Child Welfare Council to provide input and recommendations related to the Department of Youth and Community Restoration’s policies and programs that promote a commitment to improving youth outcomes, reducing youth detention, and reducing recidivism and would require the Department of Youth and Community Restoration to report, as part of the budget process, regarding the committee’s input and recommendations until 2025.
The bill would require the Division of Juvenile Justice to enter into memoranda of understanding with the California Health and Human Services Agency, the California Conservation Corps, the California Volunteers, the Department of Corrections and Rehabilitation, the Department of Forestry and Fire Protection, the Office of the Inspector General, and any other state agency, department, or office to ensure the initiation or continuation of services with the Department of Youth and Community Restoration.
The bill would authorize the Department of Youth and Community Restoration to enter into agreements with the Prison Industry Authority and the Department of Forestry and Fire Prevention for the creation and maintenance of work programs, rehabilitative services, and workforce development opportunities. The bill would allow any shops or buildings employing individuals subject to the department’s jurisdiction to be rebuilt or repaired under the direction of the Prison Industry Authority.
The bill would, until July 1, 2020, authorize the Division of Juvenile Justice to develop and establish a precorps transitional training program with the California Conservation Corps to provide training and development to approximate the experience of serving in a conservation corps. The bill would, commencing July 1, 2020, authorize the Department of Youth and Community Restoration to develop the precorps transitional training program.
(6)Existing law authorizes the Board of State and Community Corrections (BSCC) or the Department of Corrections and Rehabilitation, the State Public Works Board, and a participating county, as defined, to acquire, design, and construct an adult local criminal justice facility approved by the BSCC, or to acquire a site or sites owned by, or subject to a lease option to purchase held by, a participating county. Existing law allows the BSCC to issue up to $509,060,000 and $270,000,000 in revenue bonds, notes, or bond anticipation notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities and continuously appropriates these funds for this purpose.
Existing law requires a county requesting to add housing capacity or making a request that will result in an increase of capacity using this funding to certify and covenant in writing that the county will not be leasing housing capacity to any other public or private entity for a period of 10 years beyond the completion date of the adult local criminal justice facility.
This bill would exempt the leasing of housing capacity to state agencies from this covenant requirement, thereby expanding the use of continuously appropriated funds and making an appropriation. If a county enters into a leasing housing capacity agreement that includes any state agency other than the State Department of State Hospitals, the bill would require the Department of Finance to report that fact to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the respective fiscal committees of each house.
(7)Existing law, until January 1, 2021, creates the crime of organized retail theft, and sets forth criminal procedures governing the prosecution of certain types of theft and other misdemeanors, including establishing the jurisdiction of a criminal action for certain types of theft, authorizing a peace officer to retain a person or issue a bench warrant for a person arrested for a misdemeanor if the person has failed to appear in court, as specified, and authorizing a diversion or deferred entry of judgment program for repeat theft offenses. Existing law, until January 1, 2021, also requires the BSCC to award funding for a grant program to reduce the recidivism of high-risk misdemeanor probationers and requires the Department of the California Highway Patrol to convene a regional property crimes task force, as specified.
This bill would extend the operation of all those provisions until July 1, 2021. By extending the effective date of existing crimes and by increasing the number of persons subject to detention at the county jail, this bill would create a state-mandated local program.
(8)The California Constitution, as amended by Proposition 57 at the November 8, 2016, statewide general election, grants the Department of Corrections and Rehabilitation the authority to award credits earned for good behavior and approved rehabilitative or educational achievements and requires the department to adopt regulations in furtherance of this grant of authority.
This bill would require the Department of Corrections and Rehabilitation to submit a report to the relevant fiscal and policy committees of the Legislature and the Legislative Analyst’s Office whenever the Department of Corrections and Rehabilitation proposes regulatory changes pursuant to this authority that would affect inmate credit earning, as specified.
(9)Existing law requires the Department of Corrections, as part of its oversight of state prisons, to provide specified rehabilitative programming and provides for funding for innovative programming by not-for-profit organizations offering programs that have demonstrated success and focus on offender responsibility and restorative justice principles.
This bill would establish the California Reentry and Enrichment (CARE) Grant program to provide grants to community-based organizations (CBOs) that provide rehabilitative services to incarcerated individuals. The bill would require the department to establish a CARE Grant program steering committee that would perform specified duties, such as establishing grant criteria. The bill would establish criteria for the award of grants, including that the grants be awarded to programs that provide insight-oriented restorative justice and offender accountability programs.
~~(10)Existing law establishes the Board of Parole Hearings, which is composed of 15 commissioners appointed by the Governor, and subject to Senate confirmation, for staggered 3-year terms.~~
This bill would instead make the Board of Parole Hearings composed of 17 commissioners, and would provide for the expiration and staggering of the terms of those 2 additional commissioners, as specified.
(11)Existing law requires the Department of Justice to maintain state summary criminal history information, including the identification and criminal history of a person, including name, date of birth, social security number, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person. Existing law requires the Attorney General to furnish this information to specified persons, agencies, or organizations, including the Department of Corrections and Rehabilitation, if needed in the course of their duties. Existing law makes it a crime for any person authorized by law to receive state summary criminal history information to knowingly furnish the information to a person who is not authorized by law to receive it.
This bill would authorize the Department of Corrections and Rehabilitation to provide the social security numbers of current or former inmates to the Employment Development Department, the California Workforce Development Board, or the California Workforce Development Board’s designee for specified purposes relating to tracking the labor market and other workforce development outcomes. The bill would require these entities to keep the social security numbers confidential and would prohibit the entities from disseminating the social security numbers. Because this bill would expand the group of persons who can be convicted for knowingly furnishing state summary criminal history information to unauthorized persons, it would expand the scope of an existing crime and therefore impose a state-mandated local program.
(12)Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice and requires the commission to adopt rules regarding the minimum occupational standards governing peace officers. Existing law requires specified categories of peace officers to meet training standards pursuant to courses certified by the commission.
This bill would, commencing February 1, 2020, and each year thereafter, require the commission to submit an annual report, including specified information, to the Legislature on the overall effectiveness of any additional funding appropriated by the Legislature on or after July 1, 2019, in improving peace officer training.
(13)Existing law creates the Peace Officers’ Training Fund, a continuously appropriated fund, and until January 1, 2019, required the Commission on Peace Officer Standards and Training (POST), to annually allocate grants from the fund to each city, county, district, or joint powers agency that applied and qualified for aid.
Existing law creates the State Penalty Fund, into which moneys collected by the courts from the imposition of fines, forfeitures, or penalties on criminal offenses are deposited. Existing law authorizes POST to establish and levy appropriate fees in carrying out specified responsibilities relating to training and certifying reserve officers, and requires those fees to be deposited in the State Penalty Fund. Existing law requires POST to annually allocate grants from the State Penalty Fund to each city, county, district, or joint powers agency that applies and qualifies for aid, as specified.
~~This bill would abolish the Peace Officers’ Training Fund and would designate the State Penalty Fund as its successor fund. The bill would make conforming changes.~~
(14)Existing law requires the Attorney General to establish and maintain an online database known as the Prohibited Armed Persons File, also referred to as the Armed Prohibited Persons System (APPS), to cross-reference persons who have ownership or possession of a firearm and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm.
This bill would require the Department of Justice to report, no later than April 1, 2020, and no later than April 1 of each year thereafter, to the Joint Legislative Budget Committee and the fiscal committees of each house of the Legislature on specified information related to the APPS, including the number of individuals in the APPS and the degree to which the backlog in the APPS has been reduced or eliminated.
(15)Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of their duties and is not open to the public. However, existing law permits the use of the information for specified purposes, including to enable the California Workforce Development Board and other entities to access any relevant quarterly wage data necessary for the evaluation and reporting of specified workforce program performance outcomes. Existing law makes it a crime for any person to knowingly access, use, or disclose this confidential information without authorization.
This bill would add the Department of Corrections and Rehabilitation and the Prison Industry Authority to the list of entities permitted to use information obtained in the administration of the Unemployment Insurance Code for the purpose described above. Because this bill would expand the group of persons who can be convicted for knowingly accessing, using, or disclosing this information without authorization, it would expand the scope of an existing crime and therefor impose a state-mandated local program.
(16)This bill would incorporate additional changes to Section 1095 of the Unemployment Insurance Code proposed by AB 83 to be operative only if this bill and AB 83 are enacted and this bill is enacted last.
(17)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.
~~(18)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.~~

Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: YES

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

SECTION 1.

Section 69432 of the Education Code is amended to read:

69432.

(a) (1) Cal Grant Program awards shall be known as “Cal Grant A Entitlement Awards,” “Cal Grant B Entitlement Awards,” “California Community College Transfer Entitlement Awards,” “Competitive Cal Grant A and B Awards,” “Cal Grant C Awards,” and “Cal Grant T Awards.”

(2) For purposes of this section, “associate degree for transfer commitment” means a commitment by an independent institution of higher education that chooses to accept the California Community College associate degree for transfer pursuant to Section 66749.6.

(b) Maximum award amounts for students at independent institutions of higher education, private for-profit postsecondary educational institutions, and for Cal Grant C and T awards shall be identified in the annual Budget Act. Maximum award amounts for Cal Grant A and B awards for students attending public institutions shall be referenced in the annual Budget Act.

(c) (1) Notwithstanding subdivision (b), and subdivision (c) of Section 66021.2, commencing with the 2013–14 award year, the maximum tuition award amounts for Cal Grant A and B awards for students attending private for-profit postsecondary educational institutions shall be four thousand dollars ($4,000).

(2) Notwithstanding paragraph (1) of this subdivision, subdivision (b) of this section, and subdivision (c) of Section 66021.2, commencing with the 2018–19 award year, the maximum tuition award amounts for Cal Grant A and B awards for students attending private for-profit postsecondary educational institutions accredited by the Western Association of Schools and Colleges shall be nine thousand eighty-four dollars ($9,084) for new recipients, unless otherwise specified in the Budget Act of 2018.

(d) Notwithstanding subdivision (b) of this section, and subdivision (c) of Section 66021.2, the maximum tuition award amounts for Cal Grant A and B awards for students attending independent institutions of higher education shall be as follows:

(1) For the 2015–16, 2016–17, 2017–18, 2018–19, ~~and 2019–20~~ 2019–20, and 2020–21 award years, nine thousand eighty-four dollars ($9,084) for new recipients.

~~(2)For the 2020–21 award year:~~
(A)(i)If the number of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments in the 2019–20 academic year meets or exceeds a target of 2,000, nine thousand eighty-four dollars ($9,084) for new recipients.
(ii)The Fall 2019 cohort shall be reported showing progress towards the annual goal by April 2020. The association representing the largest number of independent colleges and universities shall provide, by April 2020, a list of campuses that have adopted, or are in the process of adopting, the associate degree for transfer pathway.
(B)If the number of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments in the 2019–20 academic year is fewer than 2,000, eight thousand fifty-six dollars ($8,056) for new recipients.
~~(3)~~

(2) For the 2021–22 award year:

(A) If the number of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments in the prior award year meets or exceeds a target of 3,000, nine thousand eighty-four dollars ($9,084) for new recipients.

(B) If the number of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments in the prior award year is fewer than 3,000, eight thousand fifty-six dollars ($8,056) for new recipients.

~~(4)~~

(3) For the 2022–23 award year:

(A) If the number of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments in the prior award year meets or exceeds a target of 3,500, nine thousand eighty-four dollars ($9,084) for new recipients.

(B) If the number of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments in the prior award year is fewer than 3,500, eight thousand fifty-six dollars ($8,056) for new recipients.

~~(5)~~

(4) For the 2023–24 award year and each award year thereafter:

(A) If the number of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments in the prior award year meets or exceeds the target specified in subdivision (h), nine thousand eighty-four dollars ($9,084) for new recipients.

(B) If the number of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments in the prior award year is less than the target specified in subdivision (h), eight thousand fifty-six dollars ($8,056) for new recipients.

(e) The renewal award amount for a student whose initial award is subject to a maximum award amount specified in this section shall be calculated pursuant to paragraph (2) of subdivision (a) of Section 69433.

(f) It is the intent of the Legislature that independent institutions of higher education make a good faith effort to make the process for transferring from the California Community Colleges easier for resident students and a decision determining the maximum award amounts made pursuant to this section for students attending an independent institution of higher education will be made with consideration of the effort of the institution to make that process easier.

(g) The association representing the largest number of independent institutions of higher education shall submit a report relative to the implementation of this section to the Department of Finance and the Legislature, in conformity with Section 9795 of the Government Code, on or before April 15 of each year.

(h) For the 2023–24 award year and each award year thereafter, the target number of new unduplicated recipients accepted by independent institutions of higher education who have been given associate degree for transfer commitments shall be equal to the number of new transfer students attending independent institutions of higher education who were given associate degree for transfer commitments in the prior award year, adjusted by the percentage change in the total number of new transfer students from the year two years prior, compared to the prior year.

(i) For purposes of this section, “independent institution of higher education” has the same meaning as in Section 66010.

SEC. 2.

Section 69438.9 is added to the Education Code, to read:

69438.9.
(a) The program is hereby suspended for the 2019–20 and 2020–21 fiscal years. The program shall resume operations commencing with the 2021–22 fiscal year.
(b) Local assistance funds for the program available for the 2019–20 and 2020–21 fiscal years shall be redirected to provide disaster relief emergency student financial aid pursuant to Article 22.5 (commencing with Section 70027) of Chapter 2.
(c) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed.

SEC. 3.

Section 69617 of the Education Code is amended to read:

69617.

(a) (1) Subject to moneys appropriated by the Legislature for the purposes of this section, the Student Aid Commission shall administer the Golden State Teacher Grant Program. Under the program, the Student Aid Commission shall provide one-time grant funds of up to twenty thousand dollars ($20,000) to each student enrolled on or after January 1, 2020, in a professional preparation program within an accredited California institution of higher education leading to a preliminary teaching credential, approved by the Commission on Teacher Credentialing, if the student commits to working in a high-need field at a priority school for four years after the student receives the teaching credential.

(2) Funds appropriated for the Golden State Teacher Grant Program in the Budget Act of 2020 shall be available for encumbrance or expenditure by the commission until June 30, 2023.
(3) Grant funds shall be used to supplement and not supplant other sources of grant financial aid.

(b) The ~~total number of~~ one-time grant ~~awards~~ funds issued pursuant to this section shall not exceed ~~4,487.~~ the amount appropriated for the Golden State Teacher Grant Program in the Budget Act of 2020.

(c) (1) A grant recipient shall agree to teach in a high-need field at a priority school for four years and shall have five years, upon completion of the recipient’s professional preparation program, to meet that obligation. Except as provided in paragraph (4), a grant recipient shall agree to repay the state ~~five thousand dollars ($5,000)~~ 25 percent of the total received grant funds annually, up to full repayment of ~~twenty thousand dollars ($20,000),~~ the received grant funds, for each year the recipient fails to do one or more of the following:

(A) Be enrolled in or have successfully completed a teacher preparation program approved by the Commission on Teacher Credentialing.

(B) While enrolled in the teacher preparation program, maintain good academic standing.

(C) Upon completion of the teacher preparation program, satisfy the state basic skills proficiency test requirement pursuant to Sections 44252 and 44252.5.

(D) Complete the required teaching service following completion of the recipient’s teacher preparation program.

(2) Nonperformance of the commitment to teach in a high-need field at a priority school for four years shall be certified by the State Department of Education.

(3) Nonperformance of the commitment to earn a preliminary teaching credential in a high-need field shall be certified by the Commission on Teacher Credentialing to the Student Aid Commission.

(4) Any exceptions to the requirement for repayment shall be defined by the Student Aid Commission, and may include, but shall not necessarily be limited to, counting a school year towards the required four-year teaching requirement if a grant recipient is unable to complete the school year when any of the following occur:

(A) The grant recipient has completed at least one-half of the school year.

(B) The employer deems the grant recipient to have fulfilled the grant recipient’s contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement.

(C) The grant recipient was not able to teach due to the financial circumstances of the school district, including a decision to not reelect the employee for the next succeeding school year.

(D) The grant recipient has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or similar state law.

(E) The grant recipient was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.

(d) The Student Aid Commission may use up to 1.5 percent of funding appropriated for purposes of this section for outreach and administration.

(e) For purposes of this section, “high-need field” means any of the following:

(1) Bilingual education.

(2) Mathematics or science, technology, engineering, and mathematics (STEM), including computer science and career technical education in STEM areas.

(3) Science.

(4) Special education.

(5) Multiple subject instruction.

(6) Other subjects as designated annually by the Commission on Teacher Credentialing based on an analysis of the availability of teachers in California pursuant to Section 44225.6.

(f) (1) A “priority school” means a school with a high percentage, as determined by the Commission on Teacher Credentialing in consultation with the State Department of Education, of teachers holding emergency-type ~~permits,~~ permits over the last three years, based on the most recent data available to the Commission on Teacher Credentialing and the State Department of Education. ~~By January 1, 2020, the~~

(2) The Commission on Teacher Credentialing shall publish a list of priority ~~schools.~~ schools by January 1 of each year for which moneys have been appropriated by the Legislature to support grants pursuant to this section.

~~(2)~~

(3) For purposes of this section, “emergency-type permits” include, but not are limited to, any of the following:

(A) Provisional internships.

(B) Short-term staff permits.

(D) Substitute permits.

(g) The commission may adopt regulations necessary for the implementation of this program.

SEC. 4.

Section 70023 of the Education Code is amended to read:

70023.

(a) For each academic year, the commission shall determine an amount sufficient, when combined with other federal, state, or institutionally administered student grants or fee waivers received by eligible students from other sources, to provide scholarships to eligible students in the amounts described in paragraphs (2) and (3) of subdivision (a) of Section 70022. The University of California, the California State University, and the Office of the Chancellor of the California Community Colleges shall provide the commission with any financial aid data that are necessary for the determination of these amounts.

(b) The commission shall annually determine if the amounts appropriated under this section in each fiscal year are sufficient to cover the costs of the scholarships as projected to be awarded pursuant to the program. If those amounts are not sufficient for this purpose, the scholarships shall be reduced proportionately by an equal percentage for all recipients of scholarships under this article.

(c) The commission may adopt regulations necessary to carry out the purposes of this article under subdivision (b) as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of those regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code. Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, any regulation adopted pursuant to this section shall not remain in effect more than 180 days unless the commission complies with all provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, as required by subdivision (e) of Section 11346.1 of the Government Code.

(d) The unencumbered balance, as of June 30 of each fiscal year, of the amount appropriated from the Middle Class Scholarship Fund pursuant to paragraph (1) of subdivision (e) shall revert to the General Fund.

(e) (1) Upon order of the Director of Finance, the following amounts shall be transferred from the General Fund to the Middle Class Scholarship Fund, and are hereby appropriated to the commission for allocation pursuant to this article:

(A) For the 2014–15 fiscal year, one hundred seven million dollars ($107,000,000).

(B) For the 2015–16 fiscal year, eighty-two million dollars ($82,000,000).

(D) For the 2017–18 fiscal year, ninety-nine million nine hundred thirty-eight thousand dollars ($99,938,000).

(E) For the 2018–19 fiscal year, one hundred ~~seven~~ four million ~~thirty-seven~~ three hundred forty-five thousand dollars ~~($107,037,000).~~ ($104,345,000).

(F) For the 2019–20 fiscal year, and for each fiscal year thereafter, one hundred ~~ten million two hundred forty-eight thousand dollars ($110,248,000).~~ seventeen million dollars ($117,000,000).

~~(G)For the 2020–21 fiscal year and for each fiscal year thereafter, one hundred seventeen million dollars ($117,000,000).~~

(2) An annual appropriation to the commission is hereby established in the amounts and for the fiscal years described in paragraph (1) to carry out the purposes of this section and Section 70022.

(3) It is the intent of the Legislature that any savings realized from changes made to the allocations under this subdivision by a bill providing for appropriations related to the Budget Bill for the 2015–16 fiscal year shall be used to support higher education.

(4) The funds transferred and appropriated pursuant to paragraph (1) shall only be available for encumbrance in the fiscal year in which they are transferred, and the General Fund shall have no liability or any obligation beyond the transfers explicitly authorized in paragraph (1) unless a subsequent transfer or allocation is required pursuant to statute.

(5) In any fiscal year, additional appropriations may be enacted pursuant to statute to carry out the purposes of this article.

(6) (A) Beginning with the Governor’s Budget proposal for the 2014–15 fiscal year, and in the Governor’s Budget for each fiscal year thereafter, the Department of Finance shall include a fund condition statement for the Middle Class Scholarship Fund for the fiscal year of the proposed budget and the two immediately preceding fiscal years prepared in accordance with existing law.

(B) Upon order of the Director of Finance and commencing with the 2013–14 fiscal year, if the May Revision projects a budget deficit for the next fiscal year, the amount specified in paragraph (1) for the fiscal year for which the budget deficit is projected may be reduced by up to 33 percent.

(f) Subject to an appropriation in the annual Budget Act for its purposes, the commission may begin implementation of, and establish outreach services relating to, this article.

SEC. 5.

Article 22.5 (commencing with Section 70027) is added to Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, to read:

Article 22.5. Disaster Relief Emergency Student Financial Aid
70027.
(a) As used in this article, “commission” means the Student Aid Commission.
(b) Local assistance funds available for the California Dreamer Service Incentive Grant Program established pursuant to Article 5.5 (commencing with Section 69438) of Chapter 1.7 for the 2019–20 and 2020–21 fiscal years shall be used to provide disaster relief emergency student financial aid to students at the University of California, the California State University, and the California Community Colleges with identified financial need who are exempt from paying nonresident tuition under Section 68130.5, and who apply for financial aid using the application established by the commission pursuant to subdivision (b) of Section 69508.5, apply for a fee waiver pursuant to subdivision (g) of Section 76300, or who apply for financial aid by other means established by their college or university.
(c) The commission shall distribute available local assistance funding in the following manner:
(1) (A) Eleven million dollars ($11,000,000) to the California Community Colleges. The Office of the Chancellor of the California Community Colleges shall distribute these funds to community colleges that request funding for the purposes described in subdivision (b). The funds shall be distributed based on the number of students enrolled at the community college who are exempt from paying nonresident tuition under Section 68130.5, and who apply for a fee waiver pursuant to subdivision (g) of Section 76300, or who apply for student financial aid by other means established by their college. The funds shall supplement, and not supplant, existing student financial aid provided to qualifying students.
(B) Each community college that receives funding pursuant to this paragraph shall report to the chancellor’s office on the number of students served, the total amount of financial aid provided, and the average award amount provided to qualifying students pursuant to this paragraph. On or before January 30, 2021, the chancellor’s office shall report to the Department of Finance and the Joint Legislative Budget Committee the information it receives from community colleges.
(C) The chancellor’s office may develop administrative guidance to clarify the requirements of this paragraph.
(2) (A) Three million dollars ($3,000,000) to the California State University to be distributed to students with identified financial need who are exempt from paying nonresident tuition under Section 68130.5, and who apply for financial aid using the application established by the commission pursuant to subdivision (b) of Section 69508.5, or who apply for student financial aid by other means established by their university. The funds shall supplement, and not supplant, existing student financial aid provided to qualifying students.
(B) On or before January 30, 2021, the Office of the Chancellor shall report to the Department of Finance and the Joint Legislative Budget Committee on the number of students served, the total amount of student financial aid provided, and the average award amount provided to qualifying students pursuant to this paragraph.
(3) One million dollars ($1,000,000) to the University of California to be distributed to students with identified financial need who are exempt from paying nonresident tuition under Section 68130.5, and who apply for financial aid using the application established by the commission pursuant to subdivision (b) of Section 69508.5, or who apply for student financial aid by other means established by their university. The funds shall supplement, and not supplant, existing student aid provided to qualifying students.
(d) On or before January 30, 2021, the Office of the President of the University of California shall report to the Department of Finance and the Joint Legislative Budget Committee on the number of students served, the total amount of financial aid provided, and the average award amount provided to qualifying students pursuant to this paragraph.
70028.
This article shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed.

SEC. 6.

Section 78222 of the Education Code is amended to read:

78222.

(a) (1) The Student Equity and Achievement Program is hereby established.

(2) It is the intent of the Legislature that funds for the Student Equity and Achievement Program support the California Community Colleges in advancing the systemwide goal to boost achievement for all students with an emphasis on eliminating achievement gaps for students from traditionally underrepresented groups by doing all of the following:

(A) Implementing activities and practices pursuant to the California Community College Guided Pathways Grant Program.

(B) Ensuring students complete their educational goals and a defined course of study.

(C) Providing quality curriculum, instruction, and support services to students who enter college deficient in English and mathematics to ensure these students complete a course of study in a timely manner.

(b) As a condition of the receipt of funds for purposes of this section, a district shall comply with all of the following:

(1) Maintain a student equity plan pursuant to Section 78220 to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances.

(2) Provide student matriculation services pursuant to Section 78212, including implementation of orientation, counseling and advising, referral to specialized student support services, and other education planning services needed to assist a student in making informed decisions about the student’s educational goal and course of study and in developing an education plan. The Office of the Chancellor of the California Community Colleges shall establish guidelines on student matriculation services, including, but not limited to, the development of an education plan leading to a course of study. Notwithstanding any other law, students who are exempted from matriculation services pursuant to Section 78215 are not subject to the requirements of this paragraph.

(3) Adopt and implement placement policies consistent with the requirements of Section 78213.

(4) Provide all students with an education plan, which identifies courses, a sequence of courses, key progress milestones, and other requirements the student must complete to earn an associate degree, career technical education certificate, other community college certificate, or meet transfer requirements. Notwithstanding any other law, students who are exempted from having an education plan under Section 78215 are not subject to the requirement of this paragraph.

(5) Provide support to, or establish, on-campus food pantries or regular food distributions.
~~(5)~~

(6) Provide a report to the chancellor’s office by January 1 of each year detailing how funding pursuant to this section was expended in the prior fiscal year and for what specific purposes. A district report shall also include an assessment of the progress in advancing the goals identified in paragraph (2) of subdivision (a).

(c) (1) If the total amount of funds appropriated for purposes of this section is equal to or greater than the amount of funds appropriated in the 2017–18 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district an amount equal to or greater than the amount allocated in the 2017–18 fiscal year.

(2) If the total amount of funds appropriated for purposes of this section is less than the amount of funds appropriated in the 2017–18 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district the pro rata share of the amount appropriated based on the amount allocated to each district in the 2017–18 fiscal year.

(3) The Board of Governors of the California Community Colleges may require districts or colleges to provide a local fund match for funding appropriated for purposes of this section.

(4) The chancellor shall provide guidance to districts regarding eligible expenditures and activities and integrated planning to ensure funding for the Student Equity and Achievement Program is used to support the goal of eliminating disparities pursuant to paragraph (2) of subdivision (a). It is the intent of the Legislature that colleges prioritize funding for high-need and disadvantaged students, as those terms are defined in subdivision (c) of Section 78221.

(5) (A) The chancellor may allocate up to 5 percent of the total funds appropriated for the purposes of this program for state administrative operations to carry out the intent of this section.

(B) Of the amount allocated pursuant to subparagraph (A), the chancellor shall allocate to a community college district no less than the amount that was provided to a district in the 2017–18 fiscal year pursuant to paragraph (1) of subdivision (b) of Section 88815 to carry out faculty and staff development to improve curriculum, instruction, student services, and program practices in the areas of basic skills and English as a second language program.

(6) By April 1 of each year, the chancellor’s office shall submit a systemwide report to the Legislature and Department of Finance that provides a summary of the district reports referenced in paragraph ~~(5)~~ (6) of subdivision (b). A report to the Legislature pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.

(d) (1) All districts receiving an allocation of funds pursuant to subdivision (c) shall comply with the requirements of Section 78214. In meeting this requirement, the Student Success and Support Program referenced in Section 78214 means the Student Equity and Achievement Program.

(2) For purposes of Section 87482.3, the Student Success and Support Program means the Student Equity and Achievement Program.

SEC. 7.

Section 84321.62 is added to the Education Code, immediately following Section 84321.61, to read:

84321.62.
(a) Notwithstanding any other law that governs the regulations adopted by the Chancellor of the California Community Colleges to disburse funds, the payment of apportionments to community college districts pursuant to Section 84320 shall be adjusted, commencing with the 2020–21 fiscal year, by the following:
(1) For the month of June, three hundred million dollars ($300,000,000) shall be deferred to July.
(2) For the month of May, three hundred million dollars ($300,000,000) shall be deferred to August.
(3) For the month of April, three hundred million dollars ($300,000,000) shall be deferred to September.
(4) For the month of March, three hundred million dollars ($300,000,000) shall be deferred to October.
(5) For the month of February, two hundred fifty-three million two hundred forty-three thousand dollars ($253,243,000) shall be deferred to November.
(b) The sum of one billion four hundred fifty-three million two hundred forty-three thousand dollars ($1,453,243,000) is hereby appropriated from the General Fund to the Board of Governors of the California Community Colleges for apportionments to community college districts, for expenditure during the fiscal year the payments are disbursed, to be expended in accordance with the applicable schedules of Item 6870-101-0001 of Section 2.00 of the applicable Budget Act.
(c) Of the funds appropriated in subdivision (b), three hundred million dollars ($300,000,000) shall be allocated in each of the months of July, August, September, and October and two hundred fifty-three million two hundred forty-three thousand dollars ($253,243,000) shall be allocated in November of the fiscal year the payments are disbursed in satisfaction of the moneys deferred pursuant to subdivision (a).
(d) (1) The chancellor may adjust the monthly schedule described in subdivision (a) to increase the amount deferred in a specified month if it ensures a shorter time between a deferred payment and repayment.
(2) If adjusting the monthly schedule, the chancellor shall not exceed the total amount of deferred payments described in subdivision (a).
(e) Pursuant to Section 8.28 of the Budget Act of 2020, if the Director of Finance determines that there are sufficient federal funds provided to the state for the 2020–21 fiscal year that may be used to offset the deferral of payments in the amount specified in that section, the Director of Finance shall reduce the amounts reflected in subdivisions (a), (b), and (c). In reducing these amounts, the Director of Finance shall first reduce the amounts deferred from any months occurring earliest in the 2020–21 fiscal year.
(f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for the fiscal year in which the payments are disbursed, 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, for the fiscal year in which the payments are disbursed.
(g) This section shall become operative on December 15, 2020.

SEC. 8.

Section 84321.7 of the Education Code is amended to read:

84321.7.

(a) Commencing with the ~~2011–12~~ 2020–21 fiscal year, up to ~~thirteen~~ thirty million dollars ~~($13,000,000)~~ ($30,000,000) of the amount of the warrants for the principal apportionments for ~~the month of~~ any of the months of February, March, April, May or June, that are instead to be drawn in ~~July~~ the applicable months of the following fiscal year pursuant to Section ~~84321.6,~~ 84321.62, may be drawn in February, March, April, May, or June, as applicable, subject to the approval of the Director of Finance, for a community college district as follows:

(1) In order for a community college district to receive a payment in February, March, April, May, or June pursuant to this section, the community college district shall certify to the Office of the Chancellor of the California Community Colleges and to the Director of Finance ~~on or before April 1~~ at least two months before the applicable deferral that the deferral of warrants pursuant to Section ~~84321.6~~ 84321.62 will result in the community college district being unable to meet its financial obligations for ~~June~~ any of the months of February, March, April, May, or June, as applicable, and shall provide the Office of the Chancellor of the California Community Colleges an estimate of the amount of additional funds necessary for the community college district to meet its financial obligations for the ~~month of June.~~ months of February, March, April, May, or June, as applicable.

(2) The criteria, as applicable, set forth in statute and regulations to qualify a community college district for an emergency apportionment shall be used to make the certification specified in paragraph (1).

(3) A community college district may receive, pursuant to this section, no more than the lesser of the following:

(A) The total amount of additional funds necessary for the community college district to meet its financial obligations for ~~the month of~~ any of the months of February, March, April, May, or June, as reported to the Office of the Chancellor of the California Community Colleges pursuant to paragraph (1).

(B) The total payments the community college district is entitled to receive in ~~July for the prior fiscal year.~~ the applicable deferral month pursuant to Section 84321.62.

(b) If the total amount requested by community college districts pursuant to paragraph (3) of subdivision (a) exceeds ~~thirteen~~ thirty million dollars ~~($13,000,000),~~ ($30,000,000) for any of the applicable deferral months, the Controller, the Treasurer, and the Director of Finance may authorize additional payments to meet these requests, but total payments to community college districts pursuant to this section shall not exceed ~~thirty-nine~~ sixty million dollars ~~($39,000,000).~~ ($60,000,000) for any of the applicable deferral months. No later than ~~May 1,~~ one month before the applicable deferral, the Controller, the Treasurer, and the Director of Finance shall determine whether sufficient cash is available to make payments in excess of ~~thirteen~~ thirty million dollars ~~($13,000,000)~~ ($30,000,000) to a community college district. In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, Treasurer, and Director of Finance shall consider costs for state government, the scope of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid.

(c) If the total amount of cash made available pursuant to subdivision (b) is less than the amount requested pursuant to paragraph (2) of subdivision (a), payments to community college districts shall be ~~prioritized according to the date on which notification was provided to the Office of the Chancellor of the California Community Colleges and the Department of Finance.~~ prorated.

(d) Payments pursuant to this section shall be made by the Controller no later than ~~June 20.~~ the last business day of the months of February, March, April, May, or June, as applicable.

(e) By August 1 of each year, commencing in 2021, the Department of Finance, in collaboration with the Office of the Chancellor of the California Community Colleges, shall notify the Joint Legislative Budget Committee of the following information by each community college district that, in the prior fiscal year, requested an exemption to the deferral of payments:
(1) The amount requested for each applicable month pursuant to subdivision (a).
(2) The amount received for each applicable month pursuant to this section. and, if the request was not granted, the reason for the denial.
~~(e)~~

(f) Except as provided in subdivisions (c) and (e) of Section 41202, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the warrants drawn pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for ~~school~~ community college districts,” as defined in subdivision ~~(c)~~ (d) of Section 41202, for the fiscal year in which the warrants are required to be drawn pursuant to Section 84321.62, 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, for the fiscal year in which the warrants are ~~drawn.~~ required to be drawn pursuant to Section 84321.62.

SEC. 9.

Section 84363 is added to the Education Code, immediately following Section 84362, to read:

84363.
(a) For purposes of computing the expenditure requirements pursuant to Section 84362, a community college district shall exclude from that computation any expenditures incurred by that district during a state or local declared emergency related to the COVID-19 pandemic that are not otherwise normal expenditures that would have been incurred by that district.
(b) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed.

SEC. 10.

Section 84750.4 of the Education Code is amended to read:

84750.4.

(a) (1) The board of governors, in accordance with this section, and in consultation with institutional representatives of the California Community Colleges and statewide faculty and staff organizations, so as to ensure their participation in the development and review of policy proposals, shall develop criteria and standards for the purpose of making the annual budget request for the California Community Colleges to the Governor and the Legislature, and for the purpose of allocating the state general apportionment revenues.

(2) It is the intent of the Legislature in enacting this section to adopt a formula for general purpose apportionments that encourages access for underrepresented students, provides additional funding in recognition of the need to provide additional support for low-income students, rewards colleges’ progress on improving student success metrics, and improves overall equity and predictability so that community college districts may more readily plan and implement instruction and programs.

(3) It is the intent of the Legislature to determine the amounts appropriated for purposes of this section through the annual Budget Act. This section shall not be construed as limiting the authority of either the Governor to propose, or the Legislature to approve, appropriations for the California Community Colleges programs or purposes.

(4) It is the intent of the Legislature that for the 2020–21 fiscal year, 70 percent of funding for the Student Centered Funding Formula is for the base allocation provided to districts, 20 percent is for the supplemental allocation provided to districts, and 10 percent is for student success allocation provided to districts.

(b) (1) Commencing with the 2018–19 fiscal year, and each fiscal year thereafter, the chancellor’s office shall annually calculate a base allocation, a supplemental allocation, and a student success allocation for each community college district in the state pursuant to this section. This calculation applies only to the allocation of credit revenue. Noncredit instruction, and instruction in career development and college preparation full-time equivalent students (FTES) shall be funded pursuant to the requirements of paragraphs (3) and (4), respectively, of subdivision (d) of Section 84750.5, as that section read on January 1, 2018.

(2)For the 2019–20 fiscal year, the marginal funding rates for the base allocation, supplemental allocation, and student success allocation shall be set to align with the total computational revenue computed by the Department of Finance for community college apportionments as computed for purposes of the 2019–20 Budget Act, in the following manner, after accounting for funding for the hold harmless provisions in subdivisions (g) and (h):
~~(A)Seventy percent of the total computational revenue shall be distributed to the base allocation pursuant to subdivision (c) and subparagraph (C) of paragraph (1) of subdivision (d).~~
~~(B)Twenty percent of the total computational revenue shall be distributed to the supplemental allocation pursuant to subdivision (e).~~
~~(C)(i)Ten percent of the total computational revenue shall be distributed to the student success allocation pursuant to subdivision (f).~~
(ii)Of the funding distributed pursuant to clause (i), 75 percent shall be allocated for purposes of paragraph (1) of subdivision (f) and 25 percent shall be allocated for purposes of paragraph (2) of subdivision (f).
~~(3)It is the intent of the Legislature that the final rates set pursuant to paragraph (2) be established in statute for the 2020–21 fiscal year.~~
(2) For purposes of this section, unless otherwise specified in the annual Budget Act, the cost-of-living adjustment shall be the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year.

(c) For purposes of computing the base allocation, the marginal funding rate for credit revenue per FTES shall be as follows:

(1) For the 2018–19 fiscal year, three thousand seven hundred twenty-seven dollars ($3,727).

(2) For the 2019–20 fiscal year, ~~the rate set for this purpose pursuant to subparagraph (A) of paragraph (2) of subdivision (b).~~ four thousand nine dollars ($4,009).

(3) Commencing with the 2020–21 fiscal year, the rate specified in paragraph (2) adjusted for changes in the cost-of-living adjustment and other base adjustments in subsequent annual budget acts.

(d) (1) The base allocation shall be computed for each community college district as follows:

(A) Each community college district shall receive a basic allocation based on the number of colleges and comprehensive centers in the community college district that is consistent with the basic allocation formula established by the board of governors pursuant to paragraph (2) of subdivision (d) of Section 84750.5 as of the 2015–16 fiscal year.

(B) Unless otherwise specified in subparagraph (C), each community college district shall receive an allocation based on credit base revenues associated with funded FTES as computed pursuant to subparagraph (A) of paragraph (2) at the rate pursuant to subdivision (c).

(C) Notwithstanding the rate in subdivision (c), for community college districts that had higher rates used to calculate their 2017–18 general purpose apportionments, the following rates shall be used to calculate their base allocations:

(i) For the 2018–19 fiscal year, as follows:

(I) For Foothill-De Anza Community College District, the rate shall be no less than three thousand seven hundred forty-five dollars ($3,745).

(II) For Lake Tahoe Community College District, the rate shall be no less than three thousand eight hundred eighteen dollars ($3,818).

(III) For Lassen Community College District, the rate shall be no less than three thousand seven hundred ninety-four dollars ($3,794).

(IV) For Marin Community College District, the rate shall be no less than four thousand two hundred sixty-one dollars ($4,261).

(V) For MiraCosta Community College District, the rate shall be no less than three thousand seven hundred thirty-four dollars ($3,734).

(VI) For San Francisco Community College District, the rate shall be no less than three thousand seven hundred fifty-six dollars ($3,756).

(VII) For San Jose-Evergreen Community College District, the rate shall be no less than three thousand seven hundred forty-four dollars ($3,744).

(VIII) For Santa Monica Community College District, the rate shall be no less than three thousand seven hundred seventy-six dollars ($3,776).

(IX) For South Orange Community College District, the rate shall be no less than three thousand eight hundred twenty-six dollars ($3,826).

(X) For West Kern Community College District, the rate shall be no less than four thousand nine hundred thirty-four dollars ($4,934).

(ii) For the 2019–20 fiscal year, ~~the rates set for this purpose pursuant to subparagraph (A) of paragraph (2) of subdivision (b).~~ as follows:

(I) For Foothill-De Anza Community College District, the rate shall be no less than four thousand twenty-eight dollars ($4,028).
(II) For Lake Tahoe Community College District, the rate shall be no less than four thousand one hundred seven dollars ($4,107).
(III) For Lassen Community College District, the rate shall be no less than four thousand eighty-one dollars ($4,081).
(IV) For Marin Community College District, the rate shall be no less than four thousand five hundred eighty-three dollars ($4,583).
(V) For MiraCosta Community College District, the rate shall be no less than four thousand sixteen dollars ($4,016).
(VI) For San Francisco Community College District, the rate shall be no less than four thousand forty dollars ($4,040).
(VII) For San Jose-Evergreen Community College District, the rate shall be no less than four thousand twenty-seven dollars ($4,027).
(VIII) For Santa Monica Community College District, the rate shall be no less than four thousand sixty-two dollars ($4,062).
(IX) For South Orange Community College District, the rate shall be no less than four thousand one hundred fifteen dollars ($4,115).
(X) For West Kern Community College District, the rate shall be no less than five thousand three hundred seven dollars ($5,307).

(iii) Commencing with the 2020–21 fiscal year, the rates specified in clause (ii) adjusted for changes in the cost-of-living adjustment and other base adjustments in subsequent annual budget acts.

(2) To calculate the base allocation for each community college district, the chancellor’s office shall calculate the three-year rolling average comprised of funded FTES from the current year, the prior year, and the year prior to the prior year, as follows:

(A) Commencing with the 2018–19 fiscal year, the chancellor’s office shall compute the sum of annually funded credit FTES from the current year, the prior year, and the year prior to the prior year, and divide the sum by three.

(B) (i) In computing the three-year average pursuant to subparagraph (A), credit FTES associated with enrollment growth proposed in the annual Budget Act shall be excluded from the three-year average and shall instead be added to the computed three-year rolling average.

(ii) In computing the three-year average pursuant to subparagraph (A), credit FTES generated by students who meet the requirements of subdivision (a) of Section 84810.5 and special admit students pursuant to Sections 76002, 76003, and 76004 shall be excluded.

(C) The sum of a community college district’s computed three-year FTES rolling average and current year funded FTES growth shall be multiplied by a community college district’s applicable base allocation funding rate pursuant to subdivision (c), or subparagraph (C) of paragraph (1), as applicable, to compute a community college district’s base allocation.

(D) Community college districts are entitled to the restoration of any reductions in their base allocation due to decreases in FTES during the three years following the initial year of decrease if there is a subsequent increase in FTES.

(E) For the calculation of the three-year rolling average for the base allocation for the 2020–21 fiscal year, the sum of funded credit FTES for the 2019–20 fiscal year, as adjusted for shifts in summer enrollment between fiscal years, may be used in place of funded credit FTES for the 2020–21 fiscal year.

(3) In addition to the amounts computed pursuant to paragraphs (1) and (2), each community college district shall receive an allocation based on credit base revenues associated with funded FTES generated by students who meet the requirements of subdivision (a) of Section 84810.5 and special admit students pursuant to Sections 76002, 76003, and 76004. FTES generated by students who meet the requirements of subdivision (a) of Section 84810.5 and special admit students pursuant to Sections 76002, 76003, and 76004 shall be multiplied by a community college district’s applicable credit revenue rate computed for the 2017–18 fiscal year pursuant to Section 84750.5, as that section read on January 1, 2018, as adjusted for 2018–19 fiscal year cost-of-living adjustment and other base adjustments, and adjusted for the changes in the cost-of-living and other base adjustments in subsequent annual budget acts.

(4) The chancellor shall allocate any funding appropriated in the Budget Act for enrollment growth to support the following:

(A) First, for the stated percentage of enrollment growth in the Budget Act and consistent with the growth formula used by the board of governors in the 2015–16 fiscal year.

(B) Second, for the amount of uncapped growth attributable to increases in the amount of a community college district’s supplemental allocation.

(C) Third, for the amount of uncapped growth attributable to increases in the amount of a community college district’s student success allocation.

(e) Commencing with the 2018–19 fiscal year, a supplemental allocation shall be computed for each community college district based on the total points calculated for each community college district in accordance with all of the following:

(1) The marginal funding rate per point for computing a supplemental allocation shall be as follows:

(A) For the 2018–19 fiscal year, nine hundred nineteen dollars ($919).

(B) For the 2019–20 fiscal year, ~~the rate set for this purpose pursuant to subparagraph (B) of paragraph (2) of subdivision (b).~~ nine hundred forty-eight dollars ($948).

(C) (i) Commencing with the 2020–21 fiscal year, the rate specified in subparagraph (B) adjusted for changes in the cost-of-living adjustment and other base adjustments in subsequent annual budget acts.

(ii) For the calculation of the supplemental allocation for the 2020–21 fiscal year, data from the 2018–19 fiscal year, for purposes of paragraphs (2), (3), and (4), may be used in place of data from the 2019–20 fiscal year.

(2) Each community college district shall be granted one point for each student who is a recipient of financial aid under the Federal Pell Grant program (20 U.S.C. Sec. 1070a) based on headcount data of students in the prior year.

(3) Each community college district shall be granted one point for each student who is granted an exemption from nonresident tuition pursuant to Section 68130.5, based on headcount data of students in the prior year.

(4) Each community college district shall be granted one point for each student who receives a fee waiver pursuant to Section 76300, based on headcount data of students in the prior year.

(5) For the purposes of calculating the supplemental allocation, the number of students shall be defined as the number of students served by the community college district.

(6) It is the intent of the Legislature that the annual Budget Act fully fund increases in the supplemental allocations computed under this section.

(f) Commencing with the 2018–19 fiscal year, a student success allocation shall be computed for each community college district based on the total points calculated for each community college district in accordance with all of the following:

(1) (A) (i) The marginal funding rate per point for computing student success allocation revenue shall be as follows:

(I) For the 2018–19 fiscal year, four hundred forty dollars ($440).

(II) For the 2019–20 fiscal year, ~~the rate set for this purpose pursuant to subparagraph (C) of paragraph (2) of subdivision (b).~~ five hundred fifty-nine dollars ($559).

(III) Commencing with the 2020–21 fiscal year, the rate specified in subclause (II) adjusted for changes in the cost-of-living adjustment and other base adjustments in subsequent annual budget acts.

(ii) (I) Commencing with the 2019–20 fiscal year, to calculate the student success allocation for each community college district, the chancellor’s office shall calculate a three-year rolling average for each metric described in this paragraph. To compute the three-year average for each metric, the chancellor’s office shall compute the sum of data for that metric from the prior year, the year prior to the prior year, and the year prior to the year prior to the prior year, and divide the sum by three.

(II) For the calculation of the three-year rolling average for the student success allocation for the 2020–21 fiscal year, data from the 2018–19 fiscal year, for purposes of subparagraphs (B), (C), (D), (E), and (F), may be used in place of data from the 2019–20 fiscal year.

(B) Each community college district shall be granted, for each student, points for one of the following, with the community college district receiving points based on the outcome that would generate the highest number of points and with the points counted only if the student was enrolled in the community college district in the academic year in which the award was granted:

(i) Three points for each chancellor’s office approved associate degree or approved baccalaureate degree granted, excluding an associate degree for transfer granted pursuant to Article 3 (commencing with Section 66745) of Chapter 9.2 of Part 40 of Division 5, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A).

(ii) Four points for each chancellor’s office approved associate degree for transfer degree granted pursuant to Article 3 (commencing with Section 66745) of Chapter 9.2 of Part 40 of Division 5, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A).

(iii) (I) Two points for each chancellor’s office approved credit certificate requiring 18 or more units granted, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A).

(II) Chancellor’s office approved credit certificates requiring 16 or more units granted may be used to compute these points if the chancellor’s office adopts regulations authorizing the approval and issuance of certificates requiring 16 or more units.

(C) Each community college district shall be granted two points for each student who successfully completes both transfer-level mathematics and English courses within the student’s first academic year of enrollment, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A).

(D) (i) Each community college district shall be granted one and one-half points for each student who successfully transfers to a four-year university, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A).

(ii) The chancellor’s office may reduce a community college district’s transfer points if a community college district enters into, or expands, a transfer partnership with a private for-profit college that has not demonstrated a track record of providing its students with a baccalaureate degree that leads to a majority of the private for-profit college’s baccalaureate degree program students obtaining a regional living wage within one year of completing their degree program.

(iii) The chancellor’s office may reduce a community college district’s transfer points if a community college district enters into, or expands, a transfer partnership with a private for-profit college that does not meet the qualifications to offer its students federal financial aid.

(iv) (I) For the 2018–19 fiscal year, the data for this metric shall be compiled using publicly available data on transfer students to in-state private and out-of-state institutions, based upon the definition of transfer students reflected in the Transfer Volume to In-State Private and Out-of-State Baccalaureate Granting Institutions Report from the community college management information system as of January 1, 2019, publicly reported transfer data from the California State University, and publicly reported transfer data from the University of California.

(II) Commencing with the 2019–20 fiscal year, the data for this metric shall be based upon a student meeting the following criteria:

(ia) The student has an enrollment record in a community college district in the year prior to the prior year.

(ib) The student has completed 12 or more semester units, or the equivalent, systemwide through the end of the prior year.

(ic) The student does not have an enrollment record systemwide in the prior year.

(id) The student enrolled in a four-year university in the prior year.

(ie) The student has completed 12 or more semester units, or the equivalent, in the community college district in the year prior to the prior year.

(E) Each community college district shall be granted one point for each student who successfully completes nine or more career technical education units, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A).

(F) Each community college district shall be granted one point for each student who obtains a regional living wage within one year of community college completion, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A).

(2) (A) (i) Each community college district shall also be granted additional points for an equity component of the student success allocation. The marginal funding per point for the equity component of the student success allocation revenue shall be as follows:

(I) For the 2018–19 fiscal year, one hundred eleven dollars ($111).

(II) For the 2019–20 fiscal year, ~~the rate set for this purpose pursuant to subparagraph (C) of paragraph (2) of subdivision (b).~~ one hundred forty-one dollars ($141).

(ii) (I) Commencing with the 2019–20 fiscal year, to calculate the equity component of the student success allocation for each community college district, the chancellor’s office shall calculate a three-year rolling average for each metric described in this paragraph. To compute the three-year average for each metric, the chancellor’s office shall compute the sum of data for that metric from the prior year, the year prior to the prior year, and the year prior to the year prior to the prior year, and divide the sum by three.

(II) For the calculation of the three-year rolling average for the equity component of the student success allocation for the 2020–21 fiscal year, data from the 2018–19 fiscal year, for purposes of subparagraphs (B) and (C), may be used in place of data from the 2019–20 fiscal year.

(B) Each community college district shall receive points for a student who received a fee waiver pursuant to Section 76300 and generated points for any of the metrics described in paragraph (1), based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). For each student identified pursuant to this subparagraph, the community college district shall receive the number of points equal to the number of points that the community college was granted for that student for each of the metrics described in paragraph (1).

(C) (i) Each community college district shall receive points for a student who received financial aid under the Federal Pell Grant program (20 U.S.C. Sec. 1070a) and generated points for any of the metrics described in paragraph (1), based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A).

(ii) Each community college district shall receive, for each student identified pursuant to clause (i), points for one of the following, with the community college district receiving points based on the outcome that would generate the highest number of points and with the points counted only if the student was enrolled in the community college district in the academic year in which the award was granted:

(I) Four and one-half points for each chancellor’s office approved associate degree or approved baccalaureate degree granted, excluding an associate degree for transfer granted pursuant to Article 3 (commencing with Section 66745) of Chapter 9.2 of Part 40 of Division 5, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A).

(II) Six points for each chancellor’s office approved associate for transfer degree granted pursuant to Article 3 (commencing with Section 66745) of Chapter 9.2 of Part 40 of Division 5, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A).

(III) Three points for each chancellor’s office approved credit certificate requiring 16 or more units granted, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A).

(iii) Each community college district shall receive, for each student identified pursuant to clause (i), the number of points equal to the following:

(I) Three points for each student who successfully completes transfer-level mathematics and English courses within the student’s first academic year of enrollment, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A).

(II) Two and one-quarter points for each student who successfully transfers to a four-year university, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A).

(III) One and one-half points for each student who successfully completes nine or more career technical education units, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A).

(IV) One and one-half points for each student who obtains a regional living wage within one year of community college completion, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A).

(3) It is the intent of the Legislature that the annual Budget Act fully fund increases in the student success allocations computed under this section.

(g) To establish a hold harmless protection for community college districts pursuant to the funding allocation established in this section, a minimum funding level for all community college districts shall be computed as follows:

(1) For the 2018–19 and 2019–20 fiscal years, a level of funding to ensure that all community college districts receive at a minimum the total computational revenue the district received in the 2017–18 fiscal year, defined as a district’s final entitlement for general purpose apportionment based on FTES and the number of colleges and comprehensive centers the district operates.

(2) Commencing with the 2020–21 fiscal year, and each year thereafter, community college districts shall receive the higher of (A) the funding level determined by the formula established in this section, or (B) the level of funding determined by multiplying the community college district’s new FTES by the associated credit, noncredit, and career development and college preparation rate received by the district in the 2017–18 fiscal year. The level of funding shall be adjusted to include a basic allocation based on the number of colleges and comprehensive centers in the district consistent with the basic allocation rates used in the 2017–18 fiscal year.

(3) (A) From the 2019–20 fiscal year to the ~~2023–24~~ 2025–26 fiscal year, inclusive, for the San Francisco Community College District and the Compton Community College District, the rates for computing the hold harmless provisions pursuant to paragraphs (1) and (2) shall be multiplied each year by the cost-of-living adjustment identified in the annual Budget Act and adjusted for increases to FTES. The level of funding for the San Francisco Community College District and the Compton Community College District shall be adjusted to include a basic allocation based on the number of colleges and comprehensive centers in the district consistent with the basic allocation rates used in the 2017–18 fiscal year multiplied by the 2018–19 fiscal year cost-of-living adjustment, and adjusted for changes in the cost-of-living in subsequent annual budget acts. The intent of these adjustments is to provide the San Francisco Community College District and the Compton Community College District with the greater of the amount that would have been calculated pursuant to the requirements of Section 84750.5, as that section read on January 1, 2018, adjusted for annual changes in the cost-of-living adjustment identified in the annual Budget Act and adjusted for increases in FTES, or the amount computed pursuant to the funding formula established in this section.

(B) For purposes of computing the FTES attributable to this paragraph and subdivision (d), for ~~five~~ seven fiscal years beginning in the 2017–18 fiscal year, the San Francisco Community College District shall be entitled to restoration of any reduction in apportionment revenue due to decreases in FTES, up to the level of attendance of FTES funded in the 2012–13 fiscal year, if there is a subsequent increase in FTES.

(C) (i) For purposes of computing the FTES attributable to this paragraph and subdivision (d), for ~~five~~ seven fiscal years beginning in the fiscal year the Compton Community College District is accredited under the governing authority of the Board of Trustees of the Compton Community College District, the board of governors shall provide allocations to the Compton Community College District in an amount not less than the total amount that the district would receive if the level of attendance of FTES was the same level of attendance as in the 2017–18 fiscal year. The amount shall be adjusted to reflect cost-of-living adjustments, deficits in apportionments, or both, as appropriate for the applicable fiscal years.

(ii) For purposes of computing the FTES attributable to this paragraph and subdivision (d), for ~~five~~ seven fiscal years beginning in the fiscal year the Compton Community College District is accredited under the governing authority of the Board of Trustees of the Compton Community College District, the Compton Community College District shall be entitled to restoration of any reduction in apportionment revenue due to decreases in FTES, up to the level of attendance of FTES funded in the 2017–18 fiscal year, if there is a subsequent increase in FTES.

(iii) In computing statewide entitlements to funding based upon the attendance of FTES, the Compton Community College District shall not be credited with more FTES than were actually enrolled and in attendance.

(4) (A) Commencing with the 2020–21 fiscal year, decreases in a community college district’s total revenue computed pursuant to the sum of subdivisions (d), (e), and (f), or computed pursuant to this subdivision shall result in the associated reduction beginning in the year following the initial year of ~~decreases.~~ decreases, adjusted for changes in the cost-of-living adjustment.

(B) For the 2019–20 fiscal year, a community college district’s total revenue computed pursuant to the sum of subdivisions (d), (e), and (f), or computed pursuant to this subdivision shall be no less than its 2017–18 general purpose apportionment funding computed pursuant to Section 84750.5 adjusted for the cost-of-living adjustments for fiscal years 2018–19 and 2019–20.

(h) For the fiscal years 2018–19 to ~~2021–22,~~ 2023–24, inclusive, each community college district whose increase in 2017–18 general purpose apportionment funding computed pursuant to Section 84750.5, compared to apportionment funding computed pursuant to this section, is less than the year-over-year cost-of-living adjustments applicable to those fiscal years, shall receive discretionary resources in an amount needed to ensure that the community college district receives no less than its 2017–18 general purpose apportionment funding computed pursuant to Section 84750.5 adjusted for annual year-over-year cost-of-living adjustments.

(i) The board of governors shall develop the criteria and standards within the statewide minimum requirements established pursuant to this section.

(j) (1) Except as specifically provided in statute, regulations of the board of governors for determining and allocating the state general apportionment to the community college districts shall not require community college district governing boards to expend the allocated revenues in specified categories of operation.

(2) Except as otherwise provided by statute, current categorical programs providing direct services to students, including extended opportunity programs and services, and disabled student programs and services, shall continue to be funded separately through the annual Budget Act, and shall not be assumed under the budget formula otherwise specified by this section.

(k) It is the intent of the Legislature to allow for changes to the criteria and standards developed pursuant to subdivisions (a) and (h) in order to recognize increased operating costs and to improve instruction.

(l) Notwithstanding Subchapter 1 (commencing with Section 51000) of Chapter 2 of Division 6 of Title 5 of the California Code of Regulations and Section 84751, the chancellor shall allocate the ongoing funds first appropriated to paragraph (1) of subdivision (e) of provision (2) of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2015 (Chapters 10 and 11 of the Statutes of 2015) to all community college districts, including districts that have offsetting local revenues that exceed the funding calculated pursuant to the district’s budget formula, on a per FTES basis by modifying each district’s budget formula pursuant to this section. Any revisions to the budget formula made for the purposes of this subdivision shall be made and reported consistent with the requirements of subdivision (i).

(m) (1) (A) The governing board of each community college district shall certify it will do all the following, no later than January 1, 2019:

(i) Adopt goals for the community college district that meet the following requirements:

(I) Are aligned with the systemwide goals identified in the Vision for Success, which were adopted by the Board of Governors of the California Community Colleges in 2017.

(II) Are measurable numerically.

(III) Specify the specific timeline for achievement.

(ii) For the meeting when the goals are considered for adoption, include in the written agenda an explanation of how the goals are consistent and aligned with the systemwide goals.

(iii) Submit the written item and summary of action to the chancellor’s office.

(B) The chancellor’s office shall make available guidance to assist governing boards of community college districts in meeting the requirements of this section. The funds apportioned to a community college district pursuant to this section, and for excess tax districts, the Student Equity and Achievement Program, shall be available to implement the activities required pursuant to this paragraph.

(2) Each community college district shall align its comprehensive plan pursuant to paragraph (9) of subdivision (b) of Section 70901 with the adopted local plan goals and align its budget with the comprehensive plan. The funds apportioned to a community college district pursuant to this section, and for excess tax districts, the Student Equity and Achievement Program, shall be available to implement the activities required pursuant to this paragraph.

(3) If a community college district is identified as needing further assistance to make progress towards achieving specified goals, the chancellor’s office, with the approval from the board of governors, may direct the community college district to use up to 1 percent of the district’s apportionments allocation on technical assistance and professional development to support efforts to meet the district’s efforts towards their goals.

(4) (A) The chancellor’s office shall develop processes to monitor the approval of new awards, certificates, and degree programs. The chancellor’s office shall also develop a process to monitor the number of students who transfer to for-profit postsecondary educational institutions and report on the growth of transfer to these institutions compared to four-year public postsecondary educational institutions.

(B) The chancellor’s office shall also develop minimum standards, in consultation with the oversight committee established pursuant to Section 84750.41, for the approval of certificates and awards that would count towards the funding formula pursuant to this section.

(C) The board of governors shall include instructions in the audit report required by Section 84040 related to the implementation of the funding formula pursuant to this section. The chancellor may require a community college district to repay any funding associated with an audit exception identified in a community college district’s audit report pursuant to this subparagraph.

(5) Notwithstanding Section 10231.5 of the Government Code, on or before October 15, 2019, and each year thereafter, the chancellor’s office shall report to the Legislature, consistent with Section 9795 of the Government Code, on the course sections and FTES added at each community college that received apportionment growth funding in the prior fiscal year, including the number of course sections and if any course sections and FTES were added that are within the primary missions of the segment and those that are not within the primary missions of the segment.

(6) (A) On or before July 1, 2022, the chancellor’s office shall report to the Legislature and the Department of Finance, consistent with Section 9795 of the Government Code, a description on how community college districts are making progress on advancing the goals outlined in the system’s strategic vision plan.

(7)Commencing with the 2019–20 fiscal year, the chancellor’s office shall publicly post the data, by community college district, used to calculate the supplemental and student success allocations pursuant to subdivisions (e) and (f) on the internet website of the chancellor’s office. The chancellor’s office shall publicly post a preliminary version of the data for the most recently completed fiscal years by November 15 of each year, and a final version of that data by March 15 of each year.

(B) The requirement for submitting a report imposed under subparagraph (A) is inoperative on July 1, 2026, pursuant to Section 10231.5 of the Government Code.

(7) Commencing with the 2019–20 fiscal year, the chancellor’s office shall publicly post the data, by community college district, used to calculate the supplemental and student success allocations pursuant to subdivisions (e) and (f) on the internet website of the chancellor’s office. The chancellor’s office shall publicly post a preliminary version of the data for the most recently completed fiscal years by November 15 of each year, and a final version of that data by March 15 of each year.

(n) For purposes of this section, the following terms have the following meanings:

(1) “Career development and college preparation” means courses in programs that conform to the requirements of Section 84760.5.

(2) “Chancellor’s office” means the Office of the Chancellor of the California Community Colleges.

(3) “Primary missions of the segment” means credit courses and those noncredit courses specified in paragraphs (2) to (6), inclusive, of subdivision (a) of Section 84757.

SEC. 11.

Section 88821 of the Education Code is amended to read:

88821.

(a) The Legislature finds and declares all of the following:

(1) California’s economic competitiveness is fueled, in part, by the strength of its regional economies and its skilled workforce.

(2) Upward social and economic mobility helps keep the state’s economy diversified and vibrant.

(3) The attainment of industry-valued “middle skill credentials” serves as a gateway for a large and diverse number of careers in the state’s economy.

(4) California’s local educational agencies, community college districts, interested public four-year universities, local workforce development boards, economic development and industry leaders, and local civic representatives should collaboratively work together to inform the offerings of courses, programs, pathways, and workforce development opportunities that enable students to access the current and future job market and further social and economic mobility.

(b) The Strong Workforce Program is hereby established as a K–14 state education, economic, and workforce development initiative for the purpose of expanding the availability of high-quality, industry-valued career technical education and workforce development courses, programs, pathways, credentials, certificates, and degrees.

(c) To facilitate program coordination and alignment with other workforce training, education, and employment services in the state, the Strong Workforce Program shall operate in a manner that complies with the California Strategic Workforce Development Plan, required pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128), and expand upon existing consortia infrastructure.

(d) To avoid duplication of effort, activities funded under the Strong Workforce Program shall be informed by, aligned with, and expand upon the activities of existing workforce and education regional partnerships, including those partnership activities that pertain to regional planning efforts established pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128), adult education block grant consortia, and other career technical education programs.

(e) All of the following guiding principles apply to each consortium participating in the Strong Workforce Program:

(1) Any community college district or local educational agency participating in the consortium shall ensure that its career technical education and workforce development courses, credentials, certificates, degrees, programs, and pathway offerings, as applicable, are responsive to the needs of employers, workers, civic leaders, and students.

(2) The consortium shall collaborate with other public institutions, including, but not limited to, adult education consortia, local workforce development boards, and interested California State University and University of California institutions.

(3) The consortium shall collaborate with civic representatives, representatives from the labor community, and economic development and industry sector leaders within the region.

(4) The consortium shall include collaborating entities and persons identified in this subdivision in planning meetings, provide them with adequate notice of the consortium’s proposed decisions, and solicit, consider, and respond to comments from them regarding the consortium’s proposed decisions.

(5) Collaborative efforts shall focus upon evidence-based decisionmaking and student success with workforce outcomes aligned with the performance accountability measures of the federal Workforce Innovation and Opportunity Act (Public Law 113-128), and closing labor market and employment gaps. Each consortium shall strive to align programmatic offerings in the most effective and efficient manner to avoid duplication of effort and streamline access to services, and education and training opportunities.

(6) Community college districts, local educational agencies, and other entities participating in a consortium are encouraged to develop long-term partnerships with private sector employers and labor partners to provide coordinated courses, programs, and pathways with employer involvement in the assessment, planning, and development of career technical education courses, programs, and pathways. To the extent practicable, employer partnerships should build upon regional partnerships formed pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128) and other state or federal programs.

(7) Community college districts, local educational agencies, and other entities participating in a consortium are encouraged to develop and work closely with public and private organizations that offer workforce development programs and pathways to individuals with autism and other developmental disabilities to provide a comprehensive approach to address workforce readiness and employment.

(f) The chancellor’s office shall, in consultation with the California Workforce Development Board, the Academic Senate for California Community Colleges, and its partners formed pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128), as applicable, develop and implement policies and guidance necessary to implement the Community College component of the Strong Workforce Program, including policies and guidance necessary for consortia, including community college districts and their regional partners, to increase the number of aligned middle skill and career technical education courses, programs, pathways, credentials, certificates, and degrees. No later than June 30, 2017, the chancellor’s office shall develop and implement policies and guidance pursuant to this subdivision and bring before the Board of Governors of the California Community Colleges any policies, regulations, and guidance necessary to accomplish all of the following:

(1) Facilitate the development, implementation, and sharing of career technical education effective practices, curriculum models and courses, and community college credentials, certificates, degrees, and programs across regions and among community college districts.

(2) Enable community college districts to develop career technical education and workforce outcomes, and applicable associate degrees and certificates as appropriate.

(3) Provide accessible performance and labor market data that can be used flexibly by participating community college districts and their regional partners to support the implementation of the Strong Workforce Program and related efforts to align regional workforce and education programming with regional labor market needs.

(4) Encourage local efficiency through coordinated and collaborative regional workforce efforts in which community college districts are partners.

(5) Support curriculum processes to ensure that students are able to efficiently transfer college-level career technical education credits across community college districts and to the California State University and the University of California.

(6) Improve sector-based engagement with employers within a region.

(7) Provide, in partnership with employers, work-based learning opportunities for students that increase their employability and earning potential.

(8) Enable community college districts to facilitate and optimize their resources to support the Strong Workforce Program and other related regional workforce development efforts.

(9) Ensure that community college district Strong Workforce Program expenditures are focused on improving student success with workforce outcomes for all students enrolled in community college career technical education courses, programs, and pathways.

(10) (A) For the Community College component only, notwithstanding the June 30, 2017, implementation date specified in this subdivision, develop and implement a plan to streamline the course and curriculum approval process, both at the state and local levels. The plan shall reflect an expedited state approval process for career technical education courses, programs, and certificates, and may include the elimination of an existing state course and program approval process. The plan shall reflect one of the following two options:

(i) A process of course and curriculum approval that enables community college districts to develop a course or program within one academic year and to offer that course or program the subsequent academic year.

(ii) A process of course and curriculum approval that enables community college districts to develop a course or program within one academic semester and to offer that course or program the subsequent academic semester.

(B) The plan described in subparagraph (A) shall also reflect the creation of a process that enables career technical education courses and programs to be portable among community college districts. This process shall enable a community college district to adapt, adopt, or adapt and adopt another community college district’s approved career technical education courses, programs, and curriculum within one academic semester and to offer that course or program, or utilize that curriculum, the subsequent academic semester.

(C) The chancellor’s office shall consult with the Legislature and the Governor prior to implementing the plan. The plan shall be developed no later than July 1, 2017, and implemented no later than January 1, 2018.

(11) Eliminate barriers to hiring qualified instructors for career technical education courses, including reevaluating the required minimum qualifications for career technical education instructors.

(g) Community college districts are encouraged to expedite the development of targeted credit or noncredit short-term workforce training programs, in accordance with all of the following:
(1) Short-term workforce training programs that focus on economic recovery and result in job placement.
(2) Short-term workforce training programs that focus on the reskilling and upskilling of individuals.
(3) (A) Short-term workforce training programs that have at least one proven employer partner, demonstrate job vacancies, and submit verification to the chancellor’s office.
(B) For purposes of subparagraph (A), verification includes the projected number of individuals served, completion rates, and job placement rates.
(4) It is the intent of the Legislature that, where possible, short-term noncredit workforce training programs should be utilized to be responsive to the workforce training needs of employers, with the ability to transition to credit or noncredit courses and programs upon successful completion of a program established pursuant to this subdivision. Colleges are encouraged to develop workforce training that utilizes competency-based approaches, and applies credit for prior learning where possible.
~~(g)~~

(h) After June 30, 2017, and only as necessary, the chancellor’s office may develop and implement revised polices and guidance for the Community College component only, and bring regulations before the Board of Governors of the California Community Colleges as necessary for a community college district and its regional partners to accomplish both of the following:

(1) Implement and expand the amount of aligned middle skill and career technical education credentials, certificates, degrees, courses, programs, and pathways in accordance with paragraphs (1) to (11), inclusive, of subdivision (f).

(2) Implement the recommendations of the Strong Workforce Task Force.

~~(h)~~

(i) (1) For purposes of this section, the chancellor’s office shall consider input provided by relevant stakeholders, including the Academic Senate of the California Community Colleges, the Workforce Pathways Joint Advisory Committee, and the California Workforce Development Board, before implementing revised guidance, policies, or regulatory changes for the Community College component.

(2) For purposes of the Community College component and in compliance with the consultation requirements in Sections 70901 and 70902, the Academic Senate of the California Community Colleges shall establish a career technical education subcommittee to provide recommendations on career technical education issues. No less than 70 percent of the subcommittee shall consist of career technical education faculty. The subcommittee’s charter shall require it to provide assistance to community college districts to ensure that career technical education and its instruction is responsive and aligned to current and emergent industry trends, and ensure that similar courses, programs, and degrees are portable among community college districts.

SEC. 12.

Section 88822 of the Education Code is amended to read:

88822.

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

(a) “Career pathways” means an identified series of positions, work experiences, or educational benchmarks or credentials that offer occupational and financial advancement within a specified career field or related fields over time.

(b) “Career technical education credential” means a workforce certificate, degree, or industry-recognized credential.

(c) “Career Technical Education Regional Consortium,” or “consortium,” means an administrative grouping of community college districts and local educational agencies by the Division of Workforce and Economic Development of the chancellor’s office for the purpose of coordination and joint planning within regions, as defined in subdivision (p). Local educational agencies shall be grouped based on their association with community college districts. In the event that a local educational agency does not fall within the geographical boundaries of any community college district, the local educational agency shall be grouped with the nearest community college district.

(d) “Chancellor’s office” means the Office of the Chancellor of the California Community Colleges.

(e) “Community College component” means the funding allocated pursuant to Section 88825.

(f) “Deputy Sector Navigator” means an individual serving as an in-region contact for an industry or occupational cluster, working with the region’s colleges and employers to create alignment around and deliver on workforce training and career pathways.

(g) “Industry” or “industry sectors” means trade associations or those firms that produce similar products or provide similar services using somewhat similar business processes.

(h) “Joint powers authority” means an entity established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing instruction to pupils enrolled in grades 9 to 12, inclusive.

(i) “K–12 component” means funding allocated pursuant to Section 88827.

(j) “K–12 Workforce Pathway Coordinator” means an individual serving as an in-region contact to provide technical assistance and support to K–12 local educational agencies pursuant to subdivision (a) of Section 88833.

(k) “K–14 Technical Assistance Provider” means an individual serving as the in-region contact pursuant to subdivision (b) of Section 88833 to provide leadership and technical assistance regionwide on K–14 career technical education programs or pathways.

(l) “Local educational agency” means a school district, county office of education, or charter school.

(m) “Middle skill credential” means a certificate, associate’s degree, or industry-recognized credential that is less than a bachelor’s degree but more than a high school diploma and facilitates student success with workforce outcomes.

(n) “Plan” means the regional plan established under this part.

(o) “Program” means the Strong Workforce Program established under this part.

(p) “Region” means a geographic area of the state defined by economic and labor market factors containing at least one industry cluster and the cities, counties, community college districts, and local educational agencies, or all of them, in the industry cluster’s geographic area. To the extent possible, for the purposes of this part, collaborative regions should align with federal Workforce Innovation and Opportunity Act (Public Law 113-128) regional planning unit boundaries specified in the California Strategic Workforce and Development Plan and expand upon existing consortium infrastructure established by the chancellor’s office.

(q) “Short-term workforce training program” means a 4 to 12-week program with a proven employer partner designed for targeted reskilling and upskilling that results in job placement.
~~(q)~~

(r) “Strong Workforce Task Force” means the Task Force on Workforce, Job Creation and a Strong Economy commissioned by the Board of Governors of the California Community Colleges.

SEC. 13.

Section 88825 of the Education Code is amended to read:

88825.

(a) This section applies to the Community College component only, and applies commencing with the 2017–18 fiscal year.

(b) To promote the success of community college students and the career technical education programs that serve them, up to 5 percent of the funds appropriated for the Community College component may be allocated by the Board of Governors of the California Community Colleges to a community college district for statewide activities to improve and administer the program, including the facilitation of system, program, and data alignment at the state and regional levels and the implementation of the 25 recommendations presented to the board of governors on January 19 and 20, 2016, by the Strong Workforce Task Force. The chancellor’s office shall consult with the California Workforce Development Board and other appropriate state agencies on the development of all statewide activities that would be implemented by the selected district to facilitate broader workforce and education system alignment. Statewide coordination activities funded out of this allocation may include, but are not limited to, the following activities:

(1) State-level coordination for the development of labor market analyses pertaining to economic and industry trends and jobs projections for the purpose of supporting common regional planning efforts and the alignment of career technical education program offerings with regional labor market dynamics.

(2) Research, evaluation, and technical assistance on the use of effective local and regional policies, best practices, and model partnerships.

(3) Development and prototyping of innovative policies, practices, and coordinated services with local workforce and education partners.

(4) Participation of community college districts in existing regional coalitions and planning efforts.

(5) Cross-training local program staff.

(6) Development and maintenance of a state-level cross-system data reporting mechanism with partners formed pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128) for the purpose of monitoring workforce program outcomes and performance accountability.

(7) Leveraging allocated funds with state and local partners through interagency agreements, memorandums of understanding, or other appropriate mechanisms.

(c) (1) Forty percent of the funds apportioned for the Community College component of the program shall be apportioned directly to the fiscal ~~agent~~ agents of the ~~consortium~~ consortia for the purpose of funding regionally prioritized projects and programs that meet the needs of local and regional economies, including development of short-term workforce training programs focused on California’s economic recovery from COVID-19 beginning in 2020, as identified in regional plans and Workforce Innovation and Opportunity Act (Public Law 113-128) regional plans.

(2) Sixty percent of the funds apportioned for the Community College component of the program shall be apportioned directly to community college districts in the ~~consortium.~~ consortia. Funds apportioned directly to a community college district shall be expended for the purpose of funding regionally prioritized projects and programs within the community college district that meet the needs of local and regional economies, including development of short-term workforce training programs focused on California’s economic recovery from COVID-19 beginning in 2020, as identified in regional plans and Workforce Innovation and Opportunity Act (Public Law 113-128) regional plans. As a condition of receiving direct funding, each community college district shall actively participate in its consortium.

(d) The allocation of funds to a consortium shall be based on a schedule determined by the chancellor’s office and is effective for the four years of each plan cycle. Within the four-year plan cycle, this schedule may be altered to reflect changes in the statewide allocation for the program as appropriated in the annual Budget Act.

(e) The chancellor’s office shall provide to the Department of Finance and the Legislative Analyst’s Office its recommendations for the allocation of funds available for each consortium no later than August 30 of each year. The department shall approve the allocation plan before the release of funding.

(f) (1) For each four-year plan cycle, the chancellor’s office shall determine the amount of funds to be allocated to each consortium based on the following weighted factors in each region:

(A) The unemployment rate. This factor shall comprise 33 percent of the allocation formula.

(B) The proportion of career technical education full-time equivalent students. This factor shall comprise 33 percent of the allocation formula.

(D) The proportion of successful workforce outcomes as evidenced by the performance accountability measures of the federal Workforce Innovation and Opportunity Act (Public Law 113-128). This factor shall comprise 17 percent of the allocation formula.

(2) For each four-year plan cycle, the chancellor’s office shall determine the amount of funds to be allocated directly to each community college district within a consortium based on the weighted factors, specified in subparagraphs (A) to (D), inclusive, of paragraph (1), in each district within the region.

(g) A consortium shall allocate funds in accordance with its plan and only to community college districts. Decisions governing, or relating to, the distribution of the consortium’s fiscal resources shall be determined exclusively by the community college districts participating in the consortium.

(h) As a condition of receipt of funds under this section, a participating community college district shall comply with all of the following:

(1) Be a member of a consortium.

(2) Participate in regional planning efforts formed pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128) and other efforts that align workforce, employment, and education services.

(3) Work with other consortium members to create and submit a plan to the chancellor’s office by January 31 of every fourth year of a four-year plan cycle.

(4) Provide accessible performance and labor market data that can be used by community college districts and their regional partners to support the implementation of the program and any related efforts to align regional workforce and education programming with regional labor market needs, including, but not limited to, regional planning efforts established pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128).

(5) Include interested public universities and local educational agencies in regional planning.

(6) Certify that the use of funds will meet the intent of the program to accomplish all of the following:

(A) Increase the number of students in quality career technical education courses, programs, and pathways that will achieve successful workforce outcomes.

(B) Increase the number of quality career technical education courses, programs, and pathways that lead to successful workforce outcomes, or invest in new or emerging career technical education courses, programs, and pathways that may become operative in subsequent years and are likely to lead to successful workforce outcomes.

(C) Address recommendations from the Strong Workforce Task Force, including the recommended provision of student services related to career exploration, job readiness and job placement, and work-based learning.

(i) Funds appropriated to community college districts for the program shall supplement, not supplant, existing funding of community college career technical education programs. This subdivision shall not be interpreted to mean that a participating community college district is prohibited from eliminating or altering existing programs, but the percentage of that community college district’s total full-time equivalent students enrolled in career technical education courses relative to the total full-time equivalent students enrolled in the district shall not be reduced from the percentage computed for the 2015–16 fiscal year.

(j) Programs, courses, or instructional materials developed using funding from the program may be made available to all community college districts, as appropriate, through the online clearinghouse of information created as part of the Institutional Effectiveness Partnership Initiative.

SEC. 14.

Article 7 (commencing with Section 89780) is added to Chapter 6 of Part 55 of Division 8 of Title 3 of the Education Code, to read:

Article 7. Summer Term Financial Aid
89780.
(a) Funding provided to the California State University in the annual budget act to provide summer term financial aid to any student who is eligible for state financial aid and who is a California resident, including students who receive an exemption from nonresident tuition pursuant to Section 68130.5, shall be suspended on December 31, 2021, unless the condition described in subdivision (b) occurs.
(b) The suspension described in subdivision (a) shall not take effect if the estimates of General Fund revenues and expenditures for the 2021–22 and 2022–23 fiscal years, as determined pursuant to Section 12.5 of Article IV of the California Constitution, that accompany the May Revision required to be released by May 14, 2021, pursuant to Section 13308 of the Government Code contain a determination by the Director of Finance that estimated annual General Fund revenues exceed estimated General Fund expenditures for the 2021-22 and 2022-23 fiscal years by an amount equal to or greater than the sum total of all General Fund appropriations for all programs subject to suspension.
(c) It is the intent of the Legislature to consider alternative solutions to restore the program described in subdivision (a) if the suspension described in subdivision (a) takes effect.

SEC. 15.

Article 6 (commencing with Section 92060) is added to Chapter 1 of Part 57 of Division 9 of Title 3 of the Education Code, to read:

Article 6. Summer Term Financial Aid
92060.
(a) Funding provided to the University of California in the annual budget act to provide summer term financial aid to any student who is eligible for state financial aid and who is a California resident, including students who receive an exemption from nonresident tuition pursuant to Section 68130.5, shall be suspended on December 31, 2021, unless the condition described in subdivision (b) occurs.
(b) The suspension described in subdivision (a) shall not take effect if the estimates of General Fund revenues and expenditures for the 2021–22 and 2022–23 fiscal years, as determined pursuant to Section 12.5 of Article IV of the California Constitution, that accompany the May Revision required to be released by May 14, 2021, pursuant to Section 13308 of the Government Code contain a determination by the Director of Finance that estimated annual General Fund revenues exceed estimated General Fund expenditures for the 2021–22 and 2022–23 fiscal years by an amount equal to or greater than the sum total of all General Fund appropriations for all programs subject to suspension.
(c) It is the intent of the Legislature to consider alternative solutions to restore the program described in subdivision (a) if the suspension described in subdivision (a) takes effect.

SEC. 16.

Section 99200 of the Education Code is amended to read:

99200.

(a) With funds appropriated therefor, and with the approval of the Concurrence Committee, the Regents of the University of California are requested to establish and maintain cooperative endeavors designed to accomplish the following:

(1) Develop and enhance teachers’ subject matter and content knowledge in the subject matter areas specified in Section 99201.

(2) Develop and enhance teachers’ instructional strategies to improve pupil learning and academic performance as measured against State Board of Education standards adopted pursuant to Sections 60605 and 60605.8 and, where applicable, to standards adopted pursuant to Section 60811 and any subsequently adopted standards.

(3) Provide teachers with instructional strategies for working with English learners.

(4) Provide teachers with instructional strategies for delivering career-oriented, integrated academic and technical content in a manner that is linked to high priority industry sectors identified in the California career technical education model curriculum standards as adopted by the State Board of Education. The Concurrence Committee, in consultation with the appropriate state entities, industry leaders, representatives of organized labor, educators, and other parties, shall determine the priority of industry sectors.

(5) Provide teachers with access to and opportunity to examine current research that is demonstrably linked to improved pupil learning and achievement as measured by performance levels on state tests administered pursuant to Section 60605, or any successor assessment system, or on English language development assessments developed, pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or any successor assessments, for English language learners.

(6) Maintain subject-specific professional communities that create and encourage ongoing opportunities for teacher collaboration, learning, and research.

(7) Develop and deploy as teacher leaders, teachers with demonstrated levels of expertise in the classroom and certifiable levels of content knowledge.

(8) Provide teachers with instructional strategies for ongoing collaboration on the delivery of career-oriented, integrated academic and technical content.

(9) Address learning loss in mathematics, science, and English, language arts due to the COVID-19 pandemic.

(b) The duties of the Concurrence Committee shall include, but need not be limited to, all of the following:

(1) Ensuring that the statewide and local subject matter projects comply with requirements of this chapter.

(2) Developing rules and regulations for the statewide subject matter projects.

(3) On or before January 1, ~~2016,~~ 2024, providing a report on ~~the subject matter projects~~ addressing learning loss in the mathematics, science, writing, and reading and literature projects specified in Section 99201 to the Governor and to appropriate policy and fiscal committees of the Legislature. The report shall include, but need not be limited to, all of the following information, compiled for a ~~four-year~~ three-year period:

(A) The number, and level of experience, of participants in ~~each subject matter project.~~ the mathematics, science, writing, and reading and literature projects that are specifically focused on addressing learning loss in mathematics, science, and English, language arts due to the COVID-19 pandemic.

(B) The total amount of funds expended, on an annual ~~basis, for each subject matter project~~ basis that are specifically focused on addressing learning loss in mathematics, science, and English, language arts due to the COVID-19 pandemic, for the mathematics, science, writing, and reading and literature projects.

(C) An explanation of the type of professional development activities offered pursuant to ~~each subject matter project,~~ the mathematics, science, writing, and reading and literature projects to address learning loss in mathematics, science, and English, language arts due to the COVID-19 pandemic, including the extent to which teachers were provided professional development focused on delivering career-oriented, integrated academic and technical content.

(D) A list of the name and location of each school affiliated with ~~a subject matter project.~~ the mathematics, science, writing, and reading and literature projects that are specifically focused on addressing learning loss in mathematics, science, and English, language arts due to the COVID-19 pandemic.

(c) Grants to establish local sites of statewide subject matter projects shall be available to institutions of higher education, county offices of education and school districts, or any combination thereof, with a subject matter proposal approved pursuant to this article. Once established, each subject matter project shall be administered by the University of California in cooperation with the Concurrence Committee. Local sites of statewide subject matter projects shall be distributed throughout the state so that elementary, secondary, and postsecondary school personnel located in rural, urban, and suburban areas may avail themselves of subject matter projects.

(d) The Concurrence Committee shall be composed of individuals who are affiliated with leadership, management, or instruction in education or education policy entities, including educational expertise on instructional strategies for English learners and academic language acquisition. They shall be selected as follows:

(1) One representative selected by the Regents of the University of California.

(2) One representative selected by the Board of Trustees of the California State University.

(3) One representative selected by the State Board of Education, who has significant experience with direct classroom instruction.

(4) One representative selected by the Governor.

(5) One representative selected by the Superintendent of Public Instruction.

(6) One representative selected by the Commission on Teacher Credentialing.

(7) One representative selected by the Curriculum Development and Supplemental Materials Commission.

(8) One representative of the California Community Colleges selected by the Board of Governors of the California Community Colleges.

(9) One representative of an independent postsecondary institution selected by the Association of Independent California Colleges and Universities.

(e) (1) The requirement for submitting a report pursuant to paragraph (3) of subdivision (b) is inoperative on January 1, ~~2018,~~ 2026, pursuant to Section 10231.5 of the Government Code.

(2) A report to be submitted pursuant to paragraph (3) of subdivision (b) shall be in compliance with Section 9795 of the Government Code.

SEC. 17.

Section 19816.18 of the Government Code is amended to read:

19816.18.

(a) The department may either self-fund or self-insure any benefit program under its administration when it is ~~costeffective~~ cost effective to do so. The department may administer the self-funded or self-insured benefit program directly or may contract with a third party administrator. The Treasurer, Controller, and the Department of Finance shall assist the department to ensure that the appropriate fiscal and administrative procedures are established. These procedures shall include, but not be limited to, processes, fund accounts, and transfers from each department’s operating budget, including a pro rata share of the cost of administration. Notwithstanding any other law, the Public Employees’ Retirement System shall assist the department upon request by providing retiree names and addresses to the department solely for the purpose of notifying ~~those~~ retirees of eligibility for enrollment into a dental plan, vision plan, group legal insurance plan, or life insurance plan offered by the department. Any information provided to the department shall be treated as confidential by the department.

(b) Funds appropriated for self-funded or self-insured benefit programs established pursuant to this section shall be maintained in the State Employees’ Self-Funded Benefit Fund, which is hereby created in the State Treasury. Moneys in this fund shall be used by the department to make benefit payments and pay related administrative costs. Income of whatever nature earned on the moneys in the State Employees’ Self-Funded Benefit Fund during any fiscal year shall be credited to the fund. The Controller and the Department of Finance may establish individual accounts within the fund, as deemed appropriate, for individual self-funded or self-insured benefit programs. Notwithstanding Section 13340, moneys in this fund and accounts within the fund that are used to pay benefits for a self-funded or self-insured program established pursuant to this section are continuously appropriated, without regard to fiscal years.

SEC. 18.

Section 22956 of the Government Code is amended to read:

22956.

(a) An annuitant who retires from the state may enroll in a dental care plan offered under this part, provided either of the following apply:

(1) The annuitant is not enrolled in a health benefit plan or a dental care plan, but was eligible for enrollment as an employee at the time of separation for retirement, and who retired within 120 days of the date of separation.

(2) The annuitant is receiving an allowance pursuant to Article 6 (commencing with Section 9359) of Chapter 3.5 of Part 1 of Division 2.

(b) Except as provided in subdivision (c), the board has no duty to locate or notify any annuitant who may be eligible to enroll, or to provide names or addresses to any person, agency, or entity for the purpose of notifying ~~those~~ annuitants.

(c) Notwithstanding any other law, the board shall assist the California State University upon request by providing ~~annuitant~~ retiree names and addresses to the California State University solely for the purpose of notifying ~~those annuitants~~ retirees of eligibility for enrollment in a dental care plan offered by the California State University under this part. Any information provided to the California State University for this purpose shall be treated as confidential by the California State University.

SEC. 19.

Section 22959.83 of the Government Code is amended to read:

22959.83.

(a) An annuitant who retires from a California State University campus or the office of the chancellor may enroll in a vision care plan offered under this part, if any of the following apply:

(1) The annuitant was enrolled in a health benefit plan, a dental care plan, or vision care plan at the time of separation for retirement, and retired within 120 days of the date of separation.

(2) The annuitant was not enrolled in a health benefit plan, a dental care plan, or vision care plan at the time of separation for retirement, but was eligible for enrollment as an employee at the time of separation for retirement, and retired within 120 days of the date of separation.

(b) The California State University has no duty to locate or notify any annuitant who may be eligible to enroll, or to provide names or addresses to any person, agency, or entity for the purpose of notifying ~~those~~ annuitants.

(c) Notwithstanding any other law, the Board of Administration of the Public Employees’ Retirement System shall assist the California State University upon request by providing ~~annuitant~~ retiree names and addresses to the California State University solely for the purpose of notifying ~~those annuitants~~ retirees of eligibility for enrollment into a vision care plan offered by the California State University under this part. Any information provided to the California State University for this purpose shall be treated as confidential by the California State University.

SEC. 20.

Section 21168.6.10 is added to the Public Resources Code, to read:

21168.6.10.
(a) For purposes of this section, the following definitions apply:
(1) “Project” means a project undertaken by the Regents of the University of California at the University of California, San Francisco, to implement the Comprehensive Parnassus Heights Plan – Final Report issued by the Regents of the University of California in October of 2019.
(2) “Project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(3) “Skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(b) (1) Except as provided in paragraph (2), an entity shall not be prequalified or shortlisted or awarded a contract by the Regents of the University of California to perform any portion of the project unless the entity provides an enforceable commitment to the Regents of the University of California that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades.
(2) Paragraph (1) does not apply if any of the following requirements are met:
(A) The Regents of the University of California have entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement.
(B) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the Regents of the University of California before January 1, 2021.
(C) The entity has entered into a project labor agreement that will bind the entity and all of its subcontractors at every tier performing the project or contract to use a skilled and trained workforce.
(c) Rules 3.2220 to 3.2237, inclusive, of the California Rules of Court, as may be amended by the Judicial Council, shall apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification or adoption of any environmental impact report for the project or the granting of any project approvals, to require the action or proceeding, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court. On or before September 1, 2021, the Judicial Council shall amend the California Rules of Court, as necessary, to implement this subdivision.
(d) (1) The draft and final environmental impact report shall include a notice in not less than 12-point type stating the following:

THIS ENVIRONMENTAL IMPACT REPORT IS SUBJECT TO SECTION 21168.6.10 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD, IF ANY, FOR THE DRAFT ENVIRONMENTAL IMPACT REPORT. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OR ADOPTION OF THE ENVIRONMENTAL IMPACT REPORT OR THE APPROVAL OF THE PROJECT DESCRIBED IN SECTION 21168.6.10 OF THE PUBLIC RESOURCES CODE IS SUBJECT TO THE PROCEDURES SET FORTH IN THAT SECTION. A COPY OF SECTION 21168.6.10 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS ENVIRONMENTAL IMPACT REPORT.

(2) The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section.
(3) Within 10 days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that document.
(4) Within 10 days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report.
(5) (A) Within five days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation. The lead agency shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 days after the close of the public comment period.
(B) A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated.
(C) The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years’ experience in land use and environmental law or science, or mediation. The lead agency shall bear the costs of mediation.
(D) A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute.
(E) The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this subparagraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agency’s decision to certify or to adopt the environmental impact report or to grant project approval.
(6) The lead agency need not consider written comments submitted after the close of the public comment period, unless those comments address any of the following:
(A) New issues raised in the response to comments by the lead agency.
(B) New information released by the lead agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents.
(C) Changes made to the project after the close of the public comment period.
(D) Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting or monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, if the lead agency releases those documents subsequent to the release of the draft environmental impact report.
(E) New information that was not reasonably known and could not have been reasonably known during the public comment period.
(7) The lead agency shall file the notice required by subdivision (a) of Section 21108 within five days after the last initial project approval.
(e) (1) The lead agency shall prepare and certify the record of the proceedings in accordance with this subdivision and in accordance with Rule 3.1365 of the California Rules of Court.
(2) No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to or relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared by the lead agency.
(3) Notwithstanding paragraph (2), documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright-protected documents, the lead agency shall make an index of the documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index shall specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review.
(4) The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any such comments available to the public in a readily accessible electronic format within five days of their receipt.
(5) Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format.
(6) The lead agency shall indicate in the record of proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (d) and need not include the content of the comments as a part of the record of proceedings.
(7) Within five days after the filing of the notice required by subdivision (a) of Section 21108, the lead agency shall certify the record of proceedings for the approval or determination and shall provide an electronic copy of the record of proceedings to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record of proceedings for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy.
(8) Within 10 days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court.
(9) Any dispute over the content of the record of proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record of proceedings shall file a motion to augment the record of proceedings at the time it files its initial brief.
(10) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.
(f) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 21.

Item 6440-001-0007 of Section 2.00 of the Budget Act of 2019 is amended to read:

6440-001-0007—For support of University of California, payable from the Breast Cancer Research Account, Breast Cancer Fund ........................				~~10,614,000~~ 10,419,000
	Schedule:
	(1)	5440-Support ........................	~~10,614,000~~ 10,419,000

SEC. 22.
(a) (1) For the 2020–21 fiscal year, the sum of sixty-six million two hundred fifty-five thousand dollars ($66,255,000) is hereby appropriated from the General Fund to the Board of Governors of the California Community Colleges to allocate to community college districts for the same purposes as funds provided in Item 6870-162-8505 of Section 2.00 of the Budget Act of 2020.
(2) Notwithstanding Provision 5 of Item 6870-162-8505 of Section 2.00 of the Budget Act of 2020, funds appropriated to this subdivision shall be available for encumbrance or expenditure until June 30, 2022.
(3) On or before January 1, 2023, the Office of the Chancellor of the California Community Colleges shall submit a report on the use of these funds to the Legislature, pursuant to Section 9795 of the Government Code, and the Department of Finance. The report shall include all of the following:
(A) The amount of the funds provided for each community college.
(B) A description of how the funds were used for each of the purposes reflected in Provision 3 of Item 6870-162-8505 of Section 2.00 of the Budget Act of 2020.
(C) A statement of reasons describing how the funds prioritized services for underrepresented students.
(D) An explanation of the effectiveness of services or supports provided by the funds.
(b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, thirty-three million two hundred ten thousand dollars ($33,210,000) of the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202 of the Education Code, for the 2019–20 fiscal year, 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 of the Education Code, for the 2019–20 fiscal year.
(c) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, thirty-three million forty-five thousand dollars ($33,045,000) of the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202 of the Education Code, for the 2020–21 fiscal year, 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 of the Education Code, for the 2020–21 fiscal year.

SEC. 23.

With respect to Section 20 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances related to the implementation of the Comprehensive Parnassus Heights Plan by the Regents of the University of California at the University of California, San Francisco.

SEC. 24.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 25.
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. 26.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.

Bill Text

Bill Information

AB-94 Postsecondary education trailer bill.(2019-2020)

Bill Start

LEGISLATIVE COUNSEL'S DIGEST

Digest Key

Bill Text

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

SECTION 1.

69432.

SEC. 2.

69438.9.

SEC. 3.

69617.

SEC. 4.

70023.

SEC. 5.

Article 22.5. Disaster Relief Emergency Student Financial Aid

70027.

70028.

SEC. 6.

78222.

SEC. 7.

84321.62.

SEC. 8.

84321.7.

SEC. 9.

84363.

SEC. 10.

84750.4.

SEC. 11.

88821.

SEC. 12.

88822.

SEC. 13.

88825.

SEC. 14.

Article 7. Summer Term Financial Aid

89780.

SEC. 15.

Article 6. Summer Term Financial Aid

92060.

SEC. 16.

99200.

SEC. 17.

19816.18.

SEC. 18.

22956.

SEC. 19.

22959.83.

SEC. 20.

21168.6.10.

SEC. 21.

SEC. 22.

SEC. 23.

SEC. 24.

SEC. 25.

SEC. 26.