California General Election - Tuesday November 6, 2018 - Voter Information Guide November 6, 2018
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California
General
Election
Tuesday
November 6, 2018
Polls Are Open From 7:00 a.m. to 8:00 p.m. on Election Day!
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Text of Proposed Laws
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Certificate of Correctness
I, Alex Padilla, Secretary of State of the State of California, do hereby
certify that the measures included herein will be submitted to the electors
of the State of California at the General Election to be held throughout
the State on November 6, 2018, and that this guide has been correctly
prepared in accordance with the law. Witness my hand and the Great Seal
of the State in Sacramento, California, this 13th day of August, 2018.
Alex Padilla, Secretary of StateVOTER BILL OF
YOU HAVE THE FOLLOWING RIGHTS:
RIGHTS
The right to vote if you are a registered voter. The right to get help casting your ballot
1 You are eligible to vote if you are: 6 from anyone you choose, except from your
• a U.S. citizen living in California employer or union representative.
• at least 18 years old
• registered where you currently live The right to drop off your completed
• not currently in state or federal prison 7 vote‑by‑mail ballot at any polling place in
or on parole for the conviction of a California.
felony
• not currently found mentally The right to get election materials in a
incompetent to vote by a court 8 language other than English if enough people
in your voting precinct speak that language.
The right to vote if you are a registered voter
2 even if your name is not on the list. You The right to ask questions to elections
will vote using a provisional ballot. Your 9 officials about election procedures and
vote will be counted if elections officials watch the election process. If the person
determine that you are eligible to vote. you ask cannot answer your questions, they
must send you to the right person for an
The right to vote if you are still in line when answer. If you are disruptive, they can stop
3 the polls close. answering you.
The right to cast a secret ballot without The right to report any illegal or fraudulent
4 anyone bothering you or telling you how to 10 election activity to an elections official or
vote. the Secretary of State’s office.
On the web at www.sos.ca.gov
The right to get a new ballot if you have made ✆ By phone at (800) 345-VOTE (8683)
5 a mistake, if you have not already cast your By email at elections@sos.ca.gov
ballot. You can:
Ask an elections official at a polling place
for a new ballot,
Exchange your vote-by-mail ballot for a
new one at an elections office or
at your polling place, or
Vote using a provisional ballot.
IF YOU BELIEVE YOU HAVE BEEN DENIED ANY OF THESE RIGHTS, CALL THE SECRETARY OF STATE’S
CONFIDENTIAL TOLL-FREE VOTER HOTLINE AT (800) 345-VOTE (8683).
2TEXT OF PROPOSED LAWS
PROPOSITION 1 54026) be deposited in the fund and used to
fund the housing-related programs described in
This law proposed by Senate Bill 3 of the this chapter. The proceeds of bonds issued and
2017–2018 Regular Session (Chapter 365,
Statutes of 2017) is submitted to the people in
sold pursuant to this part for the purposes 1
specified in this chapter shall be allocated in
accordance with the provisions of Article XVI of the following manner:
the California Constitution.
(a) One billion five hundred million dollars
This proposed law adds sections to the Health ($1,500,000,000) to be deposited in the
and Safety Code and the Military and Veterans Housing Rehabilitation Loan Fund established
Code; therefore, new provisions proposed to be pursuant to Section 50661. The moneys in the
added are printed in italic type to indicate that fund shall be used for the Multifamily Housing
they are new. Program authorized by Chapter 6.7
(commencing with Section 50675) of Part 2, to
PROPOSED LAW be expended to assist in the new construction,
SEC. 3. Part 16 (commencing with Section rehabilitation, and preservation of permanent
54000) is added to Division 31 of the Health and transitional rental housing for persons with
and Safety Code, to read: incomes of up to 60 percent of the area median
income (AMI). These funds may also be used to
PART 16. VETERANS AND AFFORDABLE provide technical assistance pursuant to
HOUSING BOND ACT OF 2018 Section 54007.
Chapter 1. General Provisions (b) One hundred fifty million dollars
54000. Together with Article 5z (commencing ($150,000,000) to be deposited into the
with Section 998.600) of Chapter 6 of Transit-Oriented Development Implementation
Division 4 of the Military and Veterans Code, Fund, established pursuant to Section 53561,
this part shall be known, and may be cited, as for expenditure, upon appropriation by the
the Veterans and Affordable Housing Bond Act Legislature, pursuant to the Transit-Oriented
of 2018. Development Implementation Program
54002. As used in this part, the following authorized by Part 13 (commencing with
terms have the following meanings: Section 53560) to provide local assistance to
cities, counties, cities and counties, transit
(a) “Board” means the Department of Housing agencies, and developers for the purpose of
and Community Development for programs developing or facilitating the development of
administered by the department, and the higher density uses within close proximity to
California Housing Finance Agency for programs transit stations that will increase public transit
administered by the agency. ridership. These funds may also be expended for
(b) “Committee” means the Housing Finance any authorized purpose of this program and for
Committee created pursuant to Section 53524 state incentive programs, including loans and
and continued in existence pursuant to Sections grants, within the department. Any funds not
53548 and 54014. encumbered for the purposes of this subdivision
(c) “Fund” means the Affordable Housing Bond by November 6, 2028, shall revert for general
Act Trust Fund of 2018 created pursuant to use in the Multifamily Housing Program
Section 54006. authorized by Chapter 6.7 (commencing with
Section 50675) of Part 2, unless the
54004. This part shall only become operative Department of Housing and Community
upon adoption by the voters at the November 6, Development determines that funds should
2018, statewide general election. revert sooner due to diminished demand.
Chapter 2. Affordable Housing Bond Act (c) Three hundred million dollars
Trust Fund of 2018 and Program ($300,000,000) to be deposited in the
54006. The Affordable Housing Bond Act Regional Planning, Housing, and Infill Incentive
Trust Fund of 2018 is hereby created within the Account, which is hereby created within the
State Treasury. It is the intent of the Legislature fund. Moneys in the account shall be available,
that the proceeds of bonds (exclusive of upon appropriation by the Legislature, pursuant
refunding bonds issued pursuant to Section to the Infill Incentive Grant Program of 2007
Text of Proposed Laws | 3TEXT OF PROPOSED LAWS Proposition 1 Continued
established by Section 53545.13 for infill mobilehome parks, or other housing. These
incentive grants to assist in the new construction funds may also be expended for any authorized
and rehabilitation of infrastructure that supports purpose of this program. These funds may also
1 high-density affordable and mixed-income be used to provide technical assistance pursuant
housing in locations designated as infill, to Section 54007. Any funds not encumbered
including, but not limited to, any of the for the purposes of this subdivision by
following: November 6, 2028, shall revert for general use
(1) Park creation, development, or rehabilitation in the Multifamily Housing Program authorized
to encourage infill development. by Chapter 6.7 (commencing with Section
50675) of Part 2, unless the Department of
(2) Water, sewer, or other public infrastructure Housing and Community Development
costs associated with infill development. determines that funds should revert sooner due
(3) Transportation improvements related to infill to diminished demand.
development projects. (f) Three hundred million dollars
(4) Traffic mitigation. ($300,000,000) to be deposited in the
These funds may also be expended for any Affordable Housing Innovation Fund established
authorized purpose of this program. Any funds pursuant to subparagraph (F) of paragraph (1)
not encumbered for the purposes of this of subdivision (a) of Section 53545. Moneys in
subdivision by November 6, 2028, shall revert the fund shall be available, upon appropriation
for general use in the Multifamily Housing by the Legislature, pursuant to the Local
Program authorized by Chapter 6.7 Housing Trust Fund Matching Grant Program
(commencing with Section 50675) of Part 2, established by Section 50842.2 to fund
competitive grants or loans to local housing
unless the Department of Housing and
trust funds that develop, own, lend, or invest in
Community Development determines that funds
affordable housing and used to create pilot
should revert sooner due to diminished demand.
programs to demonstrate innovative, cost-saving
(d) One hundred fifty million dollars approaches to creating or preserving affordable
($150,000,000) to be transferred to the Self- housing. Local housing trust funds shall be
Help Housing Fund established pursuant to derived on an ongoing basis from private
Section 50697.1. Notwithstanding Section contribution or governmental sources that are
13340 of the Government Code and Section not otherwise restricted in use for housing
50697.1, these funds are hereby continuously programs. These funds may also be expended
appropriated to the Department of Housing and for any authorized purpose of this program. Any
Community Development without regard to funds not encumbered for the purposes of this
fiscal years, which funds shall be transferred by subdivision by November 6, 2028, shall revert
the department to the California Housing for general use in the Multifamily Housing
Finance Agency for purposes of the home Program authorized by Chapter 6.7
purchase assistance program established (commencing with Section 50675) of Part 2,
pursuant to Chapter 6.8 (commencing with unless the Department of Housing and
Section 51341) of Part 3. Community Development determines that funds
(e) Three hundred million dollars should revert sooner due to diminished demand.
($300,000,000) to be deposited in the (g) Three hundred million dollars
Joe Serna, Jr. Farmworker Housing Grant Fund, ($300,000,000) to be deposited in the Self-
established pursuant to Section 50517.5, to Help Housing Fund established pursuant to
fund grants or loans, or both, for local public Section 50697.1. The moneys in the fund shall
entities, nonprofit corporations, limited liability be available for the CalHome Program
companies, and limited partnerships, for the authorized by Chapter 6 (commencing with
construction or rehabilitation of housing for Section 50650) of Part 2, to provide direct,
agricultural employees and their families or for forgivable loans to assist development projects
the acquisition of manufactured housing as part involving multiple home ownership units,
of a program to address and remedy the impacts including single-family subdivisions, for self-
of current and potential displacement of help mortgage assistance programs, and for
farmworker families from existing labor camps, manufactured homes. These funds may also be
4 | Text of Proposed LawsTEXT OF PROPOSED LAWS Proposition 1 Continued
expended for any authorized purpose of this (1) “Eligible city” means a city that is located
program. At least thirty million dollars within a county with a population of
($30,000,000) of the amount deposited in the 150,000 residents or fewer.
Self-Help Housing Fund shall be used to provide (2) “Eligible county” means a county with a 1
grants or forgivable loans to assist in the population of 150,000 residents or fewer.
rehabilitation or replacement, or both, of
existing mobilehomes located in a mobilehome (3) “Technical assistance” includes engineering
or manufactured home community. These funds assistance and environmental review related to
may also be used to provide technical assistance an affordable housing project and
pursuant to Section 54007. Any funds not reimbursement of administrative costs related to
encumbered for the purposes of this subdivision developing a grant proposal.
by November 6, 2028, shall revert for general 54008. (a) The Legislature may, from time to
use in the Multifamily Housing Program time, amend any law related to programs to
authorized by Chapter 6.7 (commencing with which funds are, or have been, allocated
Section 50675) of Part 2, unless the pursuant to this chapter for the purposes of
Department of Housing and Community improving the efficiency and effectiveness of
Development determines that funds should those programs or to further the goals of those
revert sooner due to diminished demand. programs.
54007. (a) (1) Notwithstanding any other (b) The Legislature may amend this chapter to
provision of this part, the Department of reallocate the proceeds of bonds issued and
Housing and Community Development may sold pursuant to this part among the programs
provide technical assistance to eligible counties to which funds are to be allocated pursuant to
and eligible cities, or developers of affordable this chapter as necessary to effectively promote
housing within eligible counties and eligible the development of affordable housing in this
cities, to facilitate the construction of housing state.
for the target populations for the following 54009. Programs funded with bond proceeds
programs funded pursuant to this part: shall, when allocating financial support, give
(A) The Multifamily Housing Program (Chapter preference to projects that are “public works”
6.7 (commencing with Section 50675) of for purposes of Chapter 1 (commencing with
Part 2). Section 1720) of Part 7 of Division 2 of the
(B) The Joe Serna, Jr. Farmworker Housing Labor Code and other projects on which all
Grant Program (Chapter 3.2 (commencing with construction workers will be paid at least the
Section 50515.2) of Part 2). general prevailing rate of per diem wages as
determined by the Director of Industrial
(C) The CalHome Program (Chapter 6 Relations.
(commencing with Section 50650) of Part 2).
Chapter 3. Fiscal Provisions
(2) Technical assistance pursuant to this
section shall be provided using the bond 54010. Bonds in the total amount of
proceeds allocated pursuant to Section 54006 three billion dollars ($3,000,000,000),
to the program for which the technical exclusive of refunding bonds issued pursuant to
assistance is provided. Section 54026, or so much thereof as is
necessary as determined by the committee, are
(3) The Department of Housing and Community hereby authorized to be issued and sold for
Development shall not provide more than carrying out the purposes expressed in this part
three hundred sixty thousand dollars and to reimburse the General Obligation Bond
($360,000) total in technical assistance Expense Revolving Fund pursuant to Section
pursuant to this section, and an eligible county 16724.5 of the Government Code. All bonds
or eligible city shall not receive more than herein authorized which have been duly issued,
thirty thousand dollars ($30,000) in technical sold, and delivered as provided herein shall
assistance annually. constitute valid and binding general obligations
(b) For purposes of this section, the following of the state, and the full faith and credit of the
definitions shall apply: state is hereby pledged for the punctual
Text of Proposed Laws | 5TEXT OF PROPOSED LAWS Proposition 1 Continued
payment of both principal of and interest on addition to the ordinary revenues of the state,
those bonds when due. sufficient to pay the principal of, and interest
54012. The bonds authorized by this part on, the bonds each year. It is the duty of all
1 shall be prepared, executed, issued, sold, paid, officers charged by law with any duty in regard
and redeemed as provided in the State General to the collections of state revenues to do or
Obligation Bond Law (Chapter 4 (commencing perform each and every act which is necessary
with Section 16720) of Part 3 of Division 4 of to collect that additional sum.
Title 2 of the Government Code), except 54020. Notwithstanding Section 13340 of
subdivisions (a) and (b) of Section 16727 of the the Government Code, there is hereby
Government Code, and all of the provisions of appropriated from the General Fund in the State
that law as amended from time to time apply to Treasury, for the purposes of this part, an
the bonds and to this part, except as provided in amount that will equal the total of both of the
Section 54028, and are hereby incorporated in following:
this part as though set forth in full in this part. (a) The sum annually necessary to pay the
54014. (a) Solely for the purpose of principal of, and interest on, bonds issued and
authorizing the issuance and sale, pursuant to sold pursuant to this part, as the principal and
the State General Obligation Bond Law, of the interest become due and payable.
bonds authorized by this part, the committee is (b) The sum which is necessary to carry out
continued in existence. For the purposes of this Section 54024, appropriated without regard to
part, the Housing Finance Committee is “the fiscal years.
committee” as that term is used in the State
General Obligation Bond Law. 54022. The board may request the Pooled
Money Investment Board to make a loan from
(b) The Department of Housing and Community
the Pooled Money Investment Account, in
Development may adopt guidelines establishing
accordance with Section 16312 of the
requirements for administration of its financing
Government Code, for purposes of this part. The
programs. The guidelines shall not constitute
amount of the request shall not exceed the
rules, regulations, orders, or standards of
amount of the unsold bonds that the committee
general application and are not subject to
has, by resolution, authorized to be sold,
Chapter 3.5 (commencing with Section
excluding any refunding bonds authorized
11340) of Part 1 of Division 3 of Title 2 of the
pursuant to Section 54026, for purposes of this
Government Code.
part, less any amount loaned pursuant to this
(c) For the purposes of the State General section and not yet repaid and any amount
Obligation Bond Law, the Department of withdrawn from the General Fund pursuant to
Housing and Community Development is Section 54024 and not yet returned to the
designated the “board” for programs General Fund. The board shall execute any
administered by the department, and the documents as required by the Pooled Money
California Housing Finance Agency is the Investment Board to obtain and repay the loan.
“board” for programs administered by the Any amount loaned shall be deposited in the
agency. fund to be allocated in accordance with this
54016. Upon request of the board stating that part.
funds are needed for purposes of this part, the 54024. For purposes of carrying out this part,
committee shall determine whether or not it is the Director of Finance may, by executive order,
necessary or desirable to issue bonds, and, if so, authorize the withdrawal from the General Fund
the amount of bonds to be issued and sold. of any amount or amounts not to exceed the
Successive issues of bonds may be authorized amount of the unsold bonds that the committee
and sold to carry out those actions progressively, has, by resolution, authorized to be sold,
and are not required to be sold at any one time. excluding any refunding bonds authorized
Bonds may bear interest subject to federal pursuant to Section 54026, for purposes of this
income tax. part, less any amount loaned pursuant to
54018. There shall be collected annually, in Section 54022 and not yet repaid and any
the same manner and at the same time as other amount withdrawn from the General Fund
state revenue is collected, a sum of money in pursuant to this section and not yet returned to
6 | Text of Proposed LawsTEXT OF PROPOSED LAWS Proposition 1 Continued
the General Fund. Any amounts withdrawn shall other advantage under federal law on behalf of
be deposited in the fund to be allocated in the funds of this state.
accordance with this part. Any moneys made 54034. All moneys derived from premiums
available under this section shall be returned to and accrued interest on bonds sold pursuant to 1
the General Fund, plus the interest that the this part shall be transferred to the General
amounts would have earned in the Pooled Fund as a credit to expenditures for bond
Money Investment Account, from moneys interest; provided, however, that amounts
received from the sale of bonds which would derived from premiums may be reserved and
otherwise be deposited in that fund. used to pay the costs of bond issuance prior to
54026. The bonds may be refunded in transfer to the General Fund.
accordance with Article 6 (commencing with SEC. 4. Article 5z (commencing with Section
Section 16780) of Chapter 4 of Part 3 of 998.600) is added to Chapter 6 of Division 4 of
Division 4 of Title 2 of the Government Code. the Military and Veterans Code, to read:
Approval by the electors of this act shall Article 5z. The Veterans and Affordable
constitute approval of any refunding bonds Housing Bond Act of 2018
issued to refund bonds issued pursuant to this
998.600. Together with Part 16 (commencing
part, including any prior issued refunding
with Section 54000) of Division 31 of the
bonds. Any bond refunded with the proceeds of
Health and Safety Code, this article shall be
a refunding bond as authorized by this section
known and may be cited as the Veterans and
may be legally defeased to the extent permitted
Affordable Housing Bond Act of 2018.
by law in the manner and to the extent set forth
in the resolution, as amended from time to time, 998.601. (a) The State General Obligation
authorizing that refunded bond. Bond Law (Chapter 4 (commencing with Section
16720) of Part 3 of Division 4 of Title 2 of the
54028. Notwithstanding any provisions in the Government Code), as amended from time to
State General Obligation Bond Law, the maturity time, except as otherwise provided herein, is
date of any bonds authorized by this part shall adopted for the purpose of the issuance, sale,
not be later than 35 years from the date of each and repayment of, and otherwise providing with
such bond. The maturity of each series shall be respect to, the bonds authorized to be issued by
calculated from the date of issuance of each this article, and the provisions of that law are
bond. included in this article as though set out in full
54030. The Legislature hereby finds and in this article. All references in this article to
declares that, inasmuch as the proceeds from “herein” refer both to this article and that law.
the sale of bonds authorized by this part are not (b) For purposes of the State General Obligation
“proceeds of taxes” as that term is used in Bond Law, the Department of Veterans Affairs is
Article XIII B of the California Constitution, the designated the board.
disbursement of these proceeds is not subject 998.602. As used herein, the following terms
to the limitations imposed by that article. have the following meanings:
54032. Notwithstanding any provision of the (a) “Board” means the Department of Veterans
State General Obligation Bond Law with regard Affairs.
to the proceeds from the sale of bonds
authorized by this part that are subject to (b) “Bond” means a veterans’ bond, a state
investment under Article 4 (commencing with general obligation bond, issued pursuant to this
Section 16470) of Chapter 3 of Part 2 of article adopting the provisions of the State
General Obligation Bond Law.
Division 4 of Title 2 of the Government Code,
the Treasurer may maintain a separate account (c) “Bond act” means this article authorizing
for investment earnings, may order the payment the issuance of state general obligation bonds
of those earnings to comply with any rebate and adopting the State General Obligation Bond
requirement applicable under federal law, and Law by reference.
may otherwise direct the use and investment of (d) “Committee” means the Veterans Finance
those proceeds so as to maintain the tax-exempt Committee of 1943, established by
status of tax-exempt bonds and to obtain any Section 991.
Text of Proposed Laws | 7TEXT OF PROPOSED LAWS Proposition 1 Continued
(e) “Fund” means the Veterans’ Farm and This subdivision does not grant any lien on the
Home Building Fund of 1943, established by fund, the Payment Fund, or the moneys therein
Section 988. to the holders of any bonds issued under this
1 (f) “Payment Fund” means the Veterans’ Bonds article. For the purposes of this subdivision,
Payment Fund established by Section 988.6. “debt service” means the principal (whether
due at maturity, by redemption, or acceleration),
998.603. For the purpose of creating a fund
premium, if any, or interest payable on any date
to provide farm and home aid for veterans in
with respect to any series of bonds. This
accordance with the Veterans’ Farm and Home
subdivision shall not apply, however, in the case
Purchase Act of 1974 (Article 3.1 (commencing
of any debt service that is payable from the
with Section 987.50)), and of all acts
amendatory thereof and supplemental thereto, proceeds of any refunding bonds.
the committee may create a debt or debts, 998.605. There is hereby appropriated from
liability or liabilities, of the State of California, the General Fund, for purposes of this article, a
in the aggregate amount of not more than sum of money that will equal both of the
one billion dollars ($1,000,000,000), exclusive following:
of refunding bonds, in the manner provided (a) That sum annually necessary to pay the
herein. principal of, and the interest on, the bonds
998.604. (a) All bonds authorized by this issued and sold as provided herein, as that
article, when duly sold and delivered as provided principal and interest become due and payable.
herein, constitute valid and legally binding (b) That sum necessary to carry out Section
general obligations of the State of California, 998.606, appropriated without regard to fiscal
and the full faith and credit of the State of years.
California is hereby pledged for the punctual
payment of both principal and interest thereof. 998.606. For the purposes of this article, the
Director of Finance may, by executive order,
(b) There shall be collected annually, in the
authorize the withdrawal from the General Fund
same manner and at the same time as other
of a sum of money not to exceed the amount of
state revenue is collected, a sum of money, in
the unsold bonds which have been authorized
addition to the ordinary revenues of the state,
by the committee to be sold pursuant to this
sufficient to pay the principal of, and interest
article. Any sums withdrawn shall be deposited
on, these bonds as provided herein, and all
officers required by law to perform any duty in in the fund. All moneys made available under
regard to the collection of state revenues shall this section to the board shall be returned by
collect this additional sum. the board to the General Fund, plus the interest
that the amounts would have earned in the
(c) On the dates on which funds are to be Pooled Money Investment Account, from the
remitted pursuant to Section 16676 of the sale of bonds for the purpose of carrying out this
Government Code for the payment of debt article.
service on the bonds in each fiscal year, there
shall be transferred to the Payment Fund to pay 998.607. The board may request the Pooled
the debt service all of the money in the fund, Money Investment Board to make a loan from
not in excess of the amount of debt service then the Pooled Money Investment Account, in
due and payable. If the money transferred on accordance with Section 16312 of the
the remittance dates is less than debt service Government Code, for the purposes of carrying
then due and payable, the balance remaining out this article. The amount of the request shall
unpaid shall be transferred to the General Fund not exceed the amount of unsold bonds which
out of the fund as soon as it shall become the committee has, by resolution, authorized to
available, together with interest thereon from be sold for the purpose of carrying out this
the remittance date until paid, at the same rate article. The board shall execute whatever
of interest as borne by the bonds, compounded documents are required by the Pooled Money
semiannually. Notwithstanding any other Investment Board to obtain and repay the loan.
provision of law to the contrary, this subdivision Any amounts loaned shall be deposited in the
shall apply to all veterans’ farm and home fund to be allocated by the board in accordance
purchase bond acts pursuant to this chapter. with this article.
8 | Text of Proposed LawsTEXT OF PROPOSED LAWS Proposition 1 Continued
998.608. Upon request of the board, 998.612. Any bonds issued and sold pursuant
supported by a statement of its plans and to this article may be refunded in accordance
projects approved by the Governor, the with Article 6 (commencing with Section
committee shall determine whether to issue any 16780) of Chapter 4 of Part 3 of Division 4 of 1
bonds authorized under this article in order to Title 2 of the Government Code. The approval of
carry out the board’s plans and projects, and, if the voters for the issuance of bonds under this
so, the amount of bonds to be issued and sold. article includes approval for the issuance of
Successive issues of bonds may be authorized bonds issued to refund bonds originally issued
and sold to carry out these plans and projects or any previously issued refunding bonds. 2
progressively, and it is not necessary that all of 998.613. Notwithstanding any provision of
the bonds be issued or sold at any one time. the bond act, if the Treasurer sells bonds under
998.609. (a) As long as any bonds authorized this article for which bond counsel has issued
under this article are outstanding, the Secretary an opinion to the effect that the interest on the
of Veterans Affairs shall, at the close of each bonds is excludable from gross income for
fiscal year, require a survey of the financial purposes of federal income tax, subject to any
condition of the Division of Farm and Home conditions which may be designated, the
Purchases, together with a projection of the Treasurer may establish separate accounts for
division’s operations, to be made by an the investment of bond proceeds and for the
independent public accountant of recognized earnings on those proceeds, and may use those
standing. The results of each survey and proceeds or earnings to pay any rebate, penalty,
projection shall be reported in writing by the or other payment required by federal law or take
public accountant to the Secretary of Veterans any other action with respect to the investment
Affairs, the California Veterans Board, the and use of bond proceeds required or permitted
appropriate policy committees dealing with under federal law necessary to maintain the tax-
veterans affairs in the Senate and the Assembly, exempt status of the bonds or to obtain any
and the committee. other advantage under federal law on behalf of
(b) The Division of Farm and Home Purchases the funds of this state.
shall reimburse the public accountant for these 998.614. The Legislature hereby finds and
services out of any money that the division may declares that, inasmuch as the proceeds from
have available on deposit with the Treasurer. the sale of bonds authorized by this article are
998.610. (a) The committee may authorize not “proceeds of taxes” as that term is used in
the Treasurer to sell all or any part of the bonds Article XIII B of the California Constitution, the
authorized by this article at the time or times disbursement of these proceeds is not subject
established by the Treasurer. to the limitations imposed by Article XIII B.
(b) Whenever the committee deems it necessary
for an effective sale of the bonds, the committee PROPOSITION 2
may authorize the Treasurer to sell any issue of This law proposed by Assembly Bill 1827 of the
bonds at less than their par value, 2017–2018 Regular Session (Chapter 41,
notwithstanding Section 16754 of the Statutes of 2018) is submitted to the people in
Government Code. However, the discount on the accordance with Section 10 of Article II of the
bonds shall not exceed 3 percent of the par
California Constitution.
value thereof.
This proposed law amends and adds sections to
998.611. Out of the first money realized from
the Welfare and Institutions Code; therefore,
the sale of bonds as provided herein, there shall
provisions proposed to be deleted are printed in
be redeposited in the General Obligation Bond
strikeout type and new provisions to be added
Expense Revolving Fund, established by Section
are printed in italic type to indicate that they
16724.5 of the Government Code, the amount
are new.
of all expenditures made for the purposes
specified in that section, and this money may
be used for the same purpose and repaid in the PROPOSED LAW
same manner whenever additional bond sales SECTION 1. The voters hereby find and
are made. declare that housing is a key factor for
Text of Proposed Laws | 9TEXT OF PROPOSED LAWS Proposition 2 Continued
stabilization and recovery from mental illness following six-month period to the department
and results in improved outcomes for individuals pursuant to any service contract entered into
living with a mental illness. The Mental Health pursuant to paragraph (2).
Services Act, an initiative measure enacted by (b) The department may do all of the following:
the voters as Proposition 63 at the November 2,
2004, statewide general election, must (1) Enter into one or more single-year or
therefore be amended to provide for the multiyear contracts with the authority to provide
expenditure of funds from the Mental Health services described in Sections 5849.7, 5849.8,
2 Services Fund to the No Place Like Home and 5849.9, related to permanent supportive
Program established pursuant to Part 3.9 housing for the target population. population
(commencing with Section 5849.1) of Division and to receive payments from amounts on
5 of the Welfare and Institutions Code, which deposit in the Supportive Housing Program
finances the acquisition, design, construction, Subaccount pursuant to paragraph (1) of
rehabilitation, or preservation of permanent subdivision (f) of Section 5890. Payments
supportive housing for individuals living with a received by the department under any service
severe mental illness who are homeless or at contract authorized by this paragraph shall be
risk of chronic homelessness. used, before any other allocation or distribution,
to repay loans from the authority pursuant to
SEC. 2. Section 1, this section, and Sections
Section 15463 of the Government Code.
3 to 7, inclusive, shall be known, and may be
cited, as the No Place Like Home Act of 2018. (2) Enter into one or more loan agreements with
SEC. 3. Section 5849.35 of the Welfare and the authority as security for the repayment of
Institutions Code is amended to read: the revenue bonds issued by the authority
pursuant to Section 15463 of the Government
5849.35. (a) The authority may do all of the Code. The department shall deposit the
following: proceeds of these loans, excluding any
(1) Consult with the commission and the State refinancing loans to redeem, refund, or retire
Department of Health Care Services concerning bonds, into the fund. The department’s
the implementation of the No Place Like Home obligations to make payments under these loan
Program, including the review of annual reports agreements shall be limited obligations payable
provided to the authority by the department solely from amounts received pursuant to its
pursuant to Section 5849.11. service contracts with the authority.
(2) Enter into one or more single-year or (3) The department may pledge and assign its
multiyear contracts with the department for the right to receive all or a portion of the payments
department to provide, and the authority to pay under the service contracts entered into
the department for providing, services described pursuant to paragraph (1) directly to the
in Sections 5849.7, 5849.8, and 5849.9, authority or its bond trustee for the payment of
related to permanent supportive housing for the principal, premiums, if any, and interest under
target population. population and to provide for any loan agreement authorized by paragraph (2).
payments to the department from amounts on
(c) The Legislature hereby finds and declares
deposit in the Supportive Housing Program
both of the following:
Subaccount created within the Mental Health
Services Fund pursuant to paragraph (1) of (1) The consideration to be paid by the
subdivision (f) of Section 5890. Before entering authority to the department for the services
into any contract pursuant to this paragraph, the provided pursuant to the contracts authorized
executive director of the authority shall transmit by paragraph (2) of subdivision (a) and
to the commission a copy of the contract in paragraph (1) of subdivision (b) is fair and
substantially final form. The contract shall be reasonable and in the public interest.
deemed approved by the commission unless it (2) The service contracts and payments made
acts within 10 days to disapprove the contract. by the authority to the department pursuant to a
(3) On or before June 15 and December 15 of service contract authorized by paragraph (2) of
each year, the authority shall certify to the subdivision (a) and paragraph (1) of subdivision
Controller the amounts the authority is required (b) and the loan agreements and loan
to pay as provided in Section 5890 for the repayments made by the department to the
10 | Text of Proposed LawsTEXT OF PROPOSED LAWS Proposition 2 Continued
authority pursuant to a loan agreement (2) Any appropriation or transfer to the fund
authorized by paragraph (2) of subdivision (b) from the General Fund or other funds.
shall not constitute a debt or liability, or a (2)
pledge of the faith and credit, of the state or
any political subdivision. subdivision, except as (3) Any other federal or state grant, or from any
approved by the voters at the November 6, private donation or grant, for the purposes of
2018, statewide general election. this part.
(3)
(d) The state hereby covenants with the holders
from time to time of any bonds issued by the (4) Any interest payment, loan repayments, or
2
authority pursuant to Section 15463 of the other return of funds.
Government Code that it will not alter, amend, SEC. 5. Section 5849.15 is added to the
or restrict the provisions of this section, Welfare and Institutions Code, to read:
paragraph (1) of subdivision (f) of Section
5849.15. The voters ratify all of the following
5890, or subdivision (b) of Section 5891 in any
provisions as being consistent with and in
manner adverse to the interests of those
furtherance of Proposition 63, enacted by the
bondholders so long as any of those bonds
voters at the November 2, 2004, statewide
remain outstanding. The authority may include
general election, and approve all of the following
this covenant in the resolution, indenture, or
provisions for purposes of Section 1 of Article
other documents governing the bonds.
XVI of the California Constitution:
(e) Agreements under this section are not
(a) Chapter 43 of the Statutes of 2016, which
subject to, and need not comply with, the
amended Sections 5830, 5845, 5847, 5848,
requirements of any other law applicable to the
5897, and 5899 and added this part.
execution of those agreements, including, but
not limited to, the California Environmental (b) Chapter 322 of the Statutes of 2016, which
Quality Act (Division 13 (commencing with added Section 15463 to the Government Code,
Section 21000) of the Public Resources Code). and amended Sections 5849.1, 5849.2,
5849.3, 5849.4, 5849.5, 5849.7, 5849.8,
(f) Chapter 2 (commencing with Section 5849.9, 5849.11, 5849.14, 5890, and 5891
10290) of Part 2 of Division 2 of the Public of, added Section 5849.35 to, and repealed
Contract Code shall not apply to any contract and added Section 5849.13 of, this code.
entered into between the authority and the
department under this section. (c) Those provisions of Chapter 561 of the
Statutes of 2017 that amended any of the
SEC. 4. Section 5849.4 of the Welfare and provisions referenced in subdivisions (a) and
Institutions Code is amended to read: (b).
5849.4. (a) The No Place Like Home Fund is (d) The amendments to Section 5849.35,
hereby created within the State Treasury and, 5849.4, and 5890 made by the act adding this
notwithstanding Section 13340 of the section.
Government Code, continuously appropriated to
the department, the authority, and the Treasurer (e) The issuance by the California Health
for the purposes of this part. Accounts and Facilities Financing Authority of bonds in an
subaccounts may be created within the fund as amount not to exceed two billion dollars
needed. Up to 5 percent of the amount ($2,000,000,000) for the purposes of
deposited in the fund may be used for financing permanent supportive housing
administrative expenses in implementing this pursuant to the No Place Like Home Program
part. and related purposes as set forth in subdivision
(b) of Section 15463 of the Government Code,
(b) There shall be paid into the fund the the issuance of bonds for the purpose of
following: redeeming, refunding, or retiring bonds as set
(1) Any moneys from the receipt of loan forth in subdivision (c) of Section 15463 of the
proceeds by the department derived from the Government Code, and the process by which
issuance of bonds by the authority under those bonds are issued, secured, and repaid, as
subdivision (b) of Section 15463 of the set forth in the provisions referenced in
Government Code. subdivisions (a) to (d), inclusive.
Text of Proposed Laws | 11TEXT OF PROPOSED LAWS Proposition 2 Continued
SEC. 6. Section 5890 of the Welfare and (commencing with Section 5850) of this
Institutions Code is amended to read: division, shall be determined in accordance with
5890. (a) The Mental Health Services Fund is the Uniform Method of Determining Ability to
hereby created in the State Treasury. The fund Pay applicable to other publicly funded mental
shall be administered by the state. health services, unless this Uniform Method is
Notwithstanding Section 13340 of the replaced by another method of determining
Government Code, all moneys in the fund are, copayments, in which case the new method
applicable to other mental health services shall
2 except as provided in subdivision (d) of Section
5892, continuously appropriated, without be applicable to services pursuant to Part 3
regard to fiscal years, for the purpose of funding (commencing with Section 5800) and Part 4
the following programs and other related (commencing with Section 5850) of this
activities as designated by other provisions of division.
this division: (f) (1) The Supportive Housing Program
Subaccount is hereby created in the Mental
(1) Part 3 (commencing with Section 5800),
Health Services Fund. Notwithstanding Section
the Adult and Older Adult Mental Health System
13340 of the Government Code, all moneys in
of Care Act.
the subaccount are reserved and continuously
(2) Part 3.2 (commencing with Section 5830), appropriated, without regard to fiscal years, to
Innovative Programs. the California Health Facilities Financing
(3) Part 3.6 (commencing with Section 5840), Authority to provide funds to meet its financial
Prevention and Early Intervention Programs. obligations pursuant to any service contracts
entered into pursuant to Section 5849.35.
(4) Part 3.9 (commencing with Section
Notwithstanding any other law, including any
5849.1), No Place Like Home Program.
other provision of this section, no later than the
(5) Part 4 (commencing with Section 5850), last day of each month, the Controller shall,
the Children’s Mental Health Services Act. before any transfer or expenditure from the fund
(b) The establishment of this fund and any for any other purpose for the following month,
other provisions of the act establishing it or the transfer from the Mental Health Services Fund
programs funded shall not be construed to to the Supportive Housing Program Subaccount
modify the obligation of health care service an amount that has been certified by the
plans and disability insurance policies to California Health Facilities Financing Authority
provide coverage for mental health services, pursuant to paragraph (3) of subdivision (a) of
including those services required under Section Section 5849.35, but not to exceed an
1374.72 of the Health and Safety Code and aggregate amount of one hundred forty million
Section 10144.5 of the Insurance Code, related dollars ($140,000,000) per year. If in any
to mental health parity. This act shall not be month the amounts in the Mental Health
construed to modify the oversight duties of the Services Fund are insufficient to fully transfer to
Department of Managed Health Care or the the subaccount or the amounts in the
duties of the Department of Insurance with subaccount are insufficient to fully pay the
respect to enforcing these obligations of plans amount certified by the California Health
and insurance policies. Facilities Financing Authority, the shortfall shall
be carried over to the next month. month, to be
(c) This act shall not be construed to modify or transferred by the Controller with any transfer
reduce the existing authority or responsibility of required by the preceding sentence. Moneys in
the State Department of Health Care Services. the Supportive Housing Program Subaccount
(d) The State Department of Health Care shall not be loaned to the General Fund
Services shall seek approval of all applicable pursuant to Section 16310 or 16381 of the
federal Medicaid approvals to maximize the Government Code.
availability of federal funds and eligibility of (2) Prior to the issuance of any bonds pursuant
participating children, adults, and seniors for to Section 15463 of the Government Code, the
medically necessary care. Legislature may appropriate for transfer funds in
(e) Share of costs for services pursuant to Part the Mental Health Services Fund to the
3 (commencing with Section 5800) and Part 4 Supportive Housing Program Subaccount in an
12 | Text of Proposed LawsTEXT OF PROPOSED LAWS Proposition 2 Continued
amount up to one hundred forty million dollars new provisions proposed to be added are printed
($140,000,000) per year. Any amount in italic type to indicate that they are new.
appropriated for transfer pursuant to this
paragraph and deposited in the No Place Like PROPOSED LAW
Home Fund shall reduce the authorized but
The people of the State of California do enact as
unissued amount of bonds that the California
follows:
Health Facilities Financing Authority may issue
pursuant to Section 15463 of the Government SECTION 1. Division 38 (commencing with
Code by a corresponding amount. Section 86000) is added to the Water Code, to 2
Notwithstanding Section 13340 of the read:
Government Code, all moneys in the subaccount DIVISION 38. STATE WATER SUPPLY
transferred pursuant to this paragraph are INFRASTRUCTURE, WATER CONVEYANCE,
reserved and continuously appropriated, without
regard to fiscal years, for transfer to the No
ECOSYSTEM AND WATERSHED PROTECTION
AND RESTORATION, AND DRINKING WATER
3
Place Like Home Fund, to be used for purposes PROTECTION ACT OF 2018
of Part 3.9 (commencing with Section 5849.1).
The Controller shall, before any transfer or Chapter 1. Short Title
expenditure from the fund for any other purpose 86000. This division shall be known and may
for the following month but after any transfer be cited as the Water Supply and Water Quality
from the fund for purposes of paragraph (1), Act of 2018.
transfer moneys appropriated from the Mental Chapter 2. Findings and Declarations
Health Services Fund to the subaccount
pursuant to this paragraph in equal amounts 86001. The people find and declare the
over the following 12-month period, beginning following:
no later than 90 days after the effective date of (a) In our frequently very dry state, our high-
the appropriation by the Legislature. If in any tech, agricultural and urbanized economy relies
month the amounts in the Mental Health on an uninterrupted and high-quality water
Services Fund are insufficient to fully transfer to supply. By making water use more efficient,
the subaccount or the amounts in the reducing the demand for water, providing new
subaccount are insufficient to fully pay the and diverse water supplies, improving the
amount appropriated for transfer pursuant to quality of our source watersheds, and protecting
this paragraph, the shortfall shall be carried key environmental uses of water, this measure
over to the next month. will assure that the economic and environmental
(3) The sum of any transfers described in engines of California are not derailed by a
paragraphs (1) and (2) shall not exceed an shortage of water.
aggregate of one hundred forty million dollars (b) California’s recent historic drought raises
($140,000,000) per year. serious questions about the long-term reliability
(4) Paragraph (2) shall become inoperative of our current water supplies. The drought
once any bonds authorized pursuant to Section underscores the need to use our existing water
15463 of the Government Code are issued. supplies more efficiently, increase investments
in our water infrastructure, and more effectively
SEC. 7. The provisions of this act may be
integrate our water system from the headwaters
amended by a two-thirds vote of the Legislature
to the end user.
so long as such amendments are consistent with
and further the intent of this act. (c) California’s water situation requires
implementation of the California Water Action
PROPOSITION 3 Plan to provide for the water needs of people,
agriculture, and the environment. This division
This initiative measure is submitted to the will help provide a more reliable water supply by
people in accordance with the provisions of reducing waste, increasing the amount of water
Section 8 of Article II of the California available to meet our needs, and improving
Constitution. water quality. This division also provides
This initiative measure adds sections to the Fish additional protection for our communities from
and Game Code and the Water Code; therefore, floods.
Text of Proposed Laws | 13TEXT OF PROPOSED LAWS Proposition 3 Continued
(d) This division will implement cost-effective (l) Flooding can devastate communities and
methods of water development and conservation infrastructure. We can make better use of
to meet California’s present and future water floodwaters by capturing waters and putting
needs in a changing climate, including capture them to use in our communities, on our farms,
of urban drainage and stormwater runoff, and by recharging groundwater basins. By
groundwater and brackish water desalting, providing funds to intelligently manage our
groundwater storage, water recycling, water watersheds and floodplains, this division will
conservation, and watershed management, also help avoid flood damage, improve fish and
restoration, enhancement and protection. wildlife habitat, remove pollutants from our
(e) Many of the water supply and water quality water supply, enhance groundwater, remediate
investments provided by this division will be aquifers and improve the environment. Better
matched by agencies and grant recipients, more floodplain management may allow improved
3 than doubling the effectiveness of the funding operation of upstream reservoirs for water supply
provided. purposes.
(f) Agencies implementing this division will give (m) Severe fire conditions can lead to significant
high priority to cost-effective projects and to the erosion, reduced water quality and impacts on
most durable and most environmentally water infrastructure. This division provides
beneficial projects. Funding will go to projects funding to manage forests and watersheds to
that contribute to implementation of the reduce fire danger, mitigate the effects of
California Water Action Plan, the goal of which wildfires on water supply and quality, and
is to increase the resiliency of the California enhance water supplies.
water system and the ability of California (n) This division funds the following programs,
communities to cope with drought conditions.
which respond to human and environmental
(g) Every Californian has a right to safe, clean, water needs in California:
affordable, and accessible drinking water. By
(1) Improvement of water supply and water
complying with Section 106.3, agencies
quality utilizing cost-effective methods,
providing funds for safe drinking water pursuant
including water conservation, desalting of
to this division will help achieve the intent of
groundwater and other inland saline water,
that section.
stormwater management, wastewater recycling,
(h) This division provides a fair and reasonable and similar water management measures.
distribution of funds directly and indirectly
benefiting every region of the state. (2) Better management of forest and rangeland
watersheds, such as through the Sierra Nevada
(i) This division provides short and long-term Watershed Improvement Program, to improve
cost-effective actions to address the water the pattern, quantity, and quality of water runoff
shortages caused by the recent drought, and will and groundwater recharge. Improving soil health
help prepare local communities for future improves the ability of the ground to better
droughts. Droughts reduce water supplies for contain groundwater and moderate the rate of
people, agriculture and the environment. This
water runoff.
division will help meet the water needs of
people, agriculture, and the environment and (3) Better groundwater management, including
make California more resilient in the face of a faster implementation of the Sustainable
changing climate. Groundwater Management Act (Part 2.74
(commencing with Section 10720) of
(j) By improving the health and water
Division 6), and better recognition of the
productivity of watersheds, communities will
connection between surface and groundwater.
become more self-reliant with respect to water
supply, and local environmental quality will be (4) Provision of water for fish and wildlife,
increased. including restoration of the Pacific Flyway and
(k) By removing invasive plants such as yellow management of habitat in a dynamic way to
starthistle, giant reed (Arundo donax), and respond to changing environmental conditions.
tamarisk, water supply will be increased and (5) Increased capacity to convey water resulting
habitat for fish and wildlife will be improved. in greater groundwater recharge and improved
14 | Text of Proposed LawsTEXT OF PROPOSED LAWS Proposition 3 Continued
conveyance and utilization of floodwaters for use capital costs, the cost of water from these plants
in drought years. will also be reduced. Implementation of
(o) The State Water Resources Control Board, groundwater desalting plants will defer the need
the Department of Fish and Wildlife, and many for more expensive alternative sources of water
other agencies have recognized that providing supply, thus further reducing local capital and
funding for fish habitat enhancement is vital to operating costs.
restoring native California fish populations and (4) Water Conservation. State funds will reduce
that relying solely on flow to restore those the cost of these projects, reducing costs to
populations will not be sufficient. Providing local government. More importantly, reduced
funding for fish habitat enhancement is a vital water demand resulting from these projects will
complement to reasonable flows to protect fish. reduce operating costs and will temporarily or
(p) California has lost 95 percent of its permanently defer the construction and
historical wetlands. These wetlands provide operating costs of more expensive capital outlay 3
food, water, and cover for migratory and other projects needed to provide new water.
birds, fish, mammals, reptiles, amphibians, and (5) Repairing Flood Control Reservoirs. State
a vast number of plant species. Many species funds will reduce the costs of these projects for
may become endangered or threatened without local government.
wetlands and many more survive only due to (6) San Francisco Bay Restoration Authority
wetlands available today. This division combines Funds. State investment in wetlands projects
work to sustain and protect current wetlands providing flood protection around San Francisco
with the potential to increase wetlands in Bay will reduce flood risk associated with
California to support a thriving flora and fauna. climate change. This will reduce the cost of
(q) The implementation of this division will other flood control measures, and more
result in cost savings to local governments importantly will reduce flood damage which
immediately of substantially more than often results in tremendous costs to local
one billion dollars, and reduce local government government for facility repair.
operating costs by hundreds of millions of (7) Stormwater Funding. Regulations imposed
dollars per year. This division will provide by the State Water Resources Control Board and
funding that displaces local government various regional water quality control boards will
funding, resulting in the implementation of result in the construction of various capital
projects in the following areas. These projects outlay projects costing billions of dollars.
would have eventually been implemented by Providing funds through this measure will
local government. reduce the cost of these projects to local
(1) Safe Drinking Water. State direct and government.
matching funds will reduce the cost to local (8) Fisheries Restoration. This division provides
government of implementing drinking water and hundreds of millions of dollars for fisheries
wastewater treatment systems, and to some restoration. Local and regional water agencies
extent, the operation of those systems. are voluntarily undertaking many of these
(2) Wastewater Recycling. State funds will projects. By providing state funds, this division
reduce the cost of these plants, reducing the will reduce local costs. In addition, the resulting
capital cost of the projects for local increase in fish populations will make it possible
governments. By reducing local government to improve local water supplies, avoiding local
capital costs, the cost of water from these plants government costs to provide replacement water
will also be reduced. Implementation of supplies costing hundreds of millions or even
wastewater recycling plants will defer the need billions of dollars.
for more expensive alternative sources of water (9) Bay Area Regional Reliability. San Francisco
supply, thus further reducing local capital and Bay area water districts are undertaking
operating costs. extensive improvements in their water
(3) Groundwater Desalting. State funds will distribution systems to interconnect their water
reduce the cost of these plants, reducing the supplies for greater drought water supply
capital cost of the projects for local reliability and other benefits. By providing funds
governments. By reducing local government for this program, this division will reduce their
Text of Proposed Laws | 15You can also read
