20250AB__013796CHP INTRODUCED 2025-01-08 AMENDED_SENATE 2025-06-24 PASSED_ASSEMBLY 2025-06-27 PASSED_SENATE 2025-06-27 ENROLLED 2025-06-27 CHAPTERED 2025-06-30 APPROVED 2025-06-30 FILED 2025-06-30 2025 AB CHP CHP 0 Introduced by Committee on Budget (Assembly Members Gabriel (Chair), Addis, Ahrens, Alvarez, Bennett, Bonta, Connolly, Fong, Haney, Hart, Jackson, Lee, Muratsuchi, Ortega, Patel, Petrie-Norris, Quirk-Silva, Ramos, Rogers, Schiavo, Schultz, Sharp-Collins, Solache, Ward, and Wilson) LEAD_AUTHOR ASSEMBLY Committee on Budget Assembly Members Gabriel (Chair), Addis, Ahrens, Alvarez, Bennett, Bonta, Connolly, Fong, Haney, Hart, Jackson, Lee, Muratsuchi, Ortega, Patel, Petrie-Norris, Quirk-Silva, Ramos, Rogers, Schiavo, Schultz, Sharp-Collins, Solache, Ward, and Wilson

An act to amend Sections 1798.155, 1798.160, 1798.199.55, and 1798.199.90 of the Civil Code, to amend Sections and of the Corporations Code, to amend Sections 408, 501, 1674, 2038, 4839, 14353.5, 16006, 16505, 17207, and of the Financial Code, to amend Sections 7929.011, 9795, 10242.5, 11040, 11041, 11042, 12012.85, 12100.63, 63035, 63048.91, 63048.92, 63048.93, 63048.94, 63048.95, 63048.96, 63048.97, 63048.99, 63048.100, and of, to amend the heading of

Article 6.7 (commencing with

Section 63048.91) of

Chapter of Division of Title 6.7 of, and to add Sections 11011.4 and to, the Government Code, to amend Sections 25661.5 and of the Public Resources Code, and to amend

Section 18997.51 of the Welfare and Institutions Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget. state government, and making an appropriation therefor, to take effect immediately, bill related to the budget State government.

(1) The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. The California Privacy Rights Act of 2020, an initiative measure approved by the voters as Proposition at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA.

The CCPA establishes the California Privacy Protection Agency with full administrative power, authority, and jurisdiction to implement and enforce the CCPA.

The CCPA creates the Consumer Privacy Fund in the State Treasury and makes moneys in the fund available upon appropriation by the Legislature first to offset any costs incurred by the state courts in connection with actions brought to enforce the CCPA, the costs incurred by the Attorney General in carrying out the Attorney General’s duties under the CCPA, and then for the purposes of establishing an investment fund in the State Treasury, with any earnings or interest from the fund to be deposited into the General Fund, and making grants to promote and protect consumer privacy, educate children in the area of online privacy, and fund cooperative programs with international law enforcement organizations to combat fraudulent activities with respect to consumer data breaches, as prescribed.

This bill would revise and restructure the Consumer Privacy Fund by creating the Consumer Privacy Subfund, the Attorney General Consumer Privacy Enforcement Subfund, and the Consumer Privacy Grant Subfund within the fund. The bill would require moneys in the fund and each subfund to be used for prescribed purposes, and make moneys in the fund and each subfund available upon appropriation by the Legislature.

The bill would require 95% of any administrative fine recovered in an action brought by the agency for a violation of the CPPA, and of the proceeds of any settlement of those actions, to be deposited into the Consumer Privacy Subfund to be used exclusively by the agency in carrying out its duties under the CCPA, and 95% of any civil penalty recovered in an action brought by the Attorney General for a violation of the CCPA to be deposited into the Attorney General Consumer Privacy Enforcement Subfund to be used exclusively by the Attorney General in carrying out its duties under the CCPA.

The bill would require 5% of any administrative fine recovered in an action brought by the agency for a violation of the CCPA, and of the proceeds of any settlement of those actions, to be deposited into the Consumer Privacy Grant Subfund, and 5% of any civil penalty recovered in an action brought by the Attorney General for a violation of the CCPA to be deposited into that subfund.

The bill would require funds deposited into the Consumer Privacy Grant Subfund to be used exclusively by the agency to administer and distribute grants to promote and protect consumer privacy, educate children in the area of online privacy, and fund cooperative programs with international law enforcement organizations to combat fraudulent activities with respect to consumer data breaches.

The bill would require the agency, subject to that provision, to make grants from the subfund by distributing 1 of the amount allocated for grant funding to specified grant recipients, including nonprofit organizations to promote and protect consumer privacy. The bill would require the agency to begin administering the grant program when the amount of funds within the subfund exceeds $300,000.

The bill would require specified percentages of any remaining funds in the Consumer Privacy Fund that were not appropriated as part of the Budget Act to be transferred on a one-time basis in the 2025–26 fiscal year to each subfund, including that 45% is transferred to the Consumer Privacy Subfund, 45% is transferred to the Attorney General Consumer Privacy Enforcement Subfund, and 10% is transferred to the Consumer Privacy Grant Subfund. This bill would declare that the above provisions further the purposes and intent of the California Privacy Rights Act of 2020.

(2) Existing law establishes the Department of Financial Protection and Innovation and gives the department the responsibility for administering various laws. Existing law establishes the Financial Protection Fund to support the department in the administration of these laws, and requires that all expenses and salaries of the department be paid out of the fund, upon appropriation by the Legislature for these purposes. Existing law provides that the chief officer of the department is the Commissioner of Financial Protection and Innovation.

Existing law requires various entities to pay various fees to the commissioner for various services or licenses provided by the commissioner and the department. This bill would change some of those fees, as specified. The bill would also make other technical changes.

(3) When a state or local agency is required or requested by law to submit a report to the Legislature, existing law requires submission of the report as a printed copy to the Secretary of the Senate, an electronic copy to the Chief Clerk of the Assembly, and an electronic or printed copy to the Legislative Counsel. This bill would instead require a state or local agency report to the Legislature to be submitted as electronic copies to the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel.

(4) Existing law requires a state agency to review all proprietary state lands under its jurisdiction, as specified, to determine what land is in excess of its needs, and to report on these lands to the Department of General Services. Existing law prescribes a process for the disposition of surplus state property.

This bill would require the Secretary of the Department of Corrections and Rehabilitation, upon approval from the Department of Finance, to notify the Department of General Services and the Joint Legislative Budget Committee of any state real property under its jurisdiction that has been determined to be excess to its needs. The bill would authorize the Department of General Services, upon authorization by the Legislature, to sell, lease, exchange, or otherwise dispose of excess state real property under the jurisdiction of the Department of Corrections and Rehabilitation, as specified.

Notwithstanding those provisions, the bill would authorize the Department of General Services to execute leases for those properties, as provided.

The bill would require that revenues received pursuant to the bill’s provisions, except those deposited into the Deficit Recovery Bond Retirement Sinking Fund Subaccount and the Special Fund for Economic Uncertainties, and those used to reimburse costs and expenses incurred by the Department of General Services, be deposited into the Property Acquisition Law Money Account and be available for transfer into the Architectural Revolving Fund for expenditure by the Department of General Services to improve the likelihood of successful redevelopment of the property, as provided.

Because the bill would require revenues to be transferred into continuously appropriated accounts and funds, it would make an appropriation.

(5) Existing law generally requires a state agency to obtain written consent of the Attorney General before employing in-house counsel, as defined, to represent a state agency or employee in any judicial or administrative adjudicative proceeding, or contracting with outside counsel, as defined. Existing law exempts specified circumstances from these requirements, including the employment by certain state officers and agencies or when specifically waived pursuant to other provisions.

Existing law specifies that provisions relating to legal representation of state agencies do not prohibit a state agency from obtaining legal services from the Attorney General for any purpose. This bill would also exempt the employment of outside counsel for specified purposes relating to civil discovery from the above-described requirement to obtain written consent of the Attorney General. The bill would revise and recast the latter provision to instead specify these provisions do not prohibit a state agency from requesting legal representation or legal services from the Attorney General for any purpose.

Existing law prohibits a state agency from employing any in-house counsel to act on behalf of the state agency or its employees in any judicial or administrative adjudicative proceeding in which, among other things, the agency is interested, or from contracting with outside counsel or any purpose, unless the agency has first obtained the written consent of the Attorney General, as described above. Existing law exempts from this prohibition, among other state officers and agencies, the Regents of the University of California.

This bill would also include the office of the Governor among the state officers and agencies that are exempt from the prohibition on employing in-house counsel without obtaining written consent of the Attorney General as described above, and would also exempt from that prohibition the representation of a state agency related to civil discovery in any action brought by the Attorney General in their independent capacity on behalf of the people of the State of California or the State of California, as specified.

The bill would specify that nothing in the latter exemption prohibits a state agency from requesting representation from the Attorney General in any other proceeding, and specify that the purpose of the prohibition is to promote fiscal efficiency and economy. Existing law states the intent of the Legislature that the overall efficiency and economy in state government is to be enhanced by the employment of the Attorney General as counsel for the representation of state agencies and employees in judicial and administrative adjudicative proceedings.

This bill would specify that it is the overall fiscal efficiency and economy in state government that is to be enhanced as described above, and make additional findings and declarations related to its provisions. The bill would specify, among other things, that the Attorney General has no possession, custody, or control over any state agency’s documents or electronically stored information for purposes of criminal or civil discovery or any other purpose.

(6) Existing federal law, the Indian Gaming Regulatory Act, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude compacts, subject to ratification by the Legislature. Existing law ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes.

Existing law creates in the State Treasury the Indian Gaming Special Distribution Fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of gaming compacts entered into with the state.

Existing law authorizes moneys in the Indian Gaming Special Distribution Fund to be appropriated for certain purposes, including, among others, for programs designed to address gambling addiction, support of state and local governmental agencies impacted by tribal government gaming, and compensation for regulatory costs incurred in connection with implementing and administering tribal-state gaming compacts. Existing law establishes an order of priority for funding in the Indian Gaming Special Distribution Fund.

This bill would delete the authorization for moneys in the fund to be appropriated for support of state and local governmental agencies impacted by tribal government gaming. The bill would authorize moneys in the fund to be appropriated for compensation for regulatory costs incurred in connection with implementing and administering class III gaming secretarial procedures. The bill would delete the order of priority for funding.

(7) Existing law creates the California Small Business Technical Assistance Program within the California Office of Small Business Advocate, under the direct authority of the Small Business Advocate. Existing law requires the office to administer the program to provide grants to expand the capacity of small business development technical assistance centers in California, as specified.

Existing law also requires the office, subject to appropriation of necessary funds by the Legislature, to establish a supplemental grant program designated as the California Dream Fund Program to provide microgrants disbursed through California Small Business Technical Assistance Program grantees to seed entrepreneurship and small business creation. Existing law sets forth the criteria that an applicant must meet to be eligible to participate in these programs.

This bill would, if an applicant’s federal contract was canceled, frozen, or rescinded, except as specified, in the 2024–25 fiscal year, for grants made in fiscal years 2025–26 to 2027–28, inclusive, establish, until June 30, 2029, specified exceptions and modifications to the eligibility criteria. The bill would require the office to review and confirm that the applicant continues to meet state performance standards and provides high-quality, equitable technical assistance services, and to report its findings and actions to the Legislature.

(8) The Bergeson-Peace Infrastructure and Economic Development Bank Act establishes the Infrastructure and Economic Development Bank (I-Bank) in the Governor’s Office of Business and Economic Development, that is governed by a board of directors.

Existing law, the Climate Catalyst Revolving Loan Fund Act of 2020, authorizes the I-Bank, under the Climate Catalyst Revolving Loan Fund Program, to provide financial assistance to any eligible sponsor or participating party for eligible climate catalyst projects, either directly to the sponsor or participating party or to a lending or financial institution, as specified. Existing law establishes the Climate Catalyst Revolving Loan Fund within the State Treasury, which is continuously appropriated for purposes of the program, except as specified.

Existing law requires the I-Bank to adopt a climate catalyst financing plan, as defined, in consultation with specified state agencies. Existing law identifies areas of climate catalyst projects and consulting agencies for each area. This bill would revise and recast the above-described climate catalyst financing plan provisions to instead require the I-Bank to adopt a climate catalyst plan for each category of climate catalyst projects identified, in consultation with the corresponding consulting agencies.

The bill would rename the act, program, and fund, as specified, and would make conforming changes throughout. Existing law requires the I-Bank by January of each year, to submit to prescribed recipients a report containing information on the I-Bank’s activities relating to the infrastructure bank fund and programs for the preceding fiscal year. This bill would additionally require the I-Bank to submit the above-described report to the legislative budget subcommittees related to the climate.

The bill would also require the I-Bank to provide written notification to the Joint Legislative Budget Committee when federal funds are fully recycled into state dollars before committing to any additional financing projects. Existing law requires the I-Bank, in each fiscal year following the adoption of the initial climate catalyst financing plan, to contact each consulting agency to discuss potential revisions to the plan and requires the I-Bank to consider adopting a revised plan reflecting any material revisions.

This bill would instead authorize the I-Bank to consider adopting a revised climate catalyst financing plan if consultation with the consulting agencies results in proposed revisions. The bill would require any revisions to, or repeals of, a climate catalyst financing plan to take effect days after the I-Bank provides written notice to the Joint Legislative Budget Committee, or not sooner than whatever lesser time after that notification the chairperson of the joint committee, or the chairperson’s designee, may determine.

The bill would remove the State Energy Resources Conservation and Development Commission, the State Air Resources Board, the Department of Conservation, and the Department of Resources, Recycling, and Recovery as consulting agencies for climate catalyst projects relating to the federal Greenhouse Gas Reduction Fund. Existing law requires the I-Bank, by January of each year, to prepare and submit a report regarding Climate Catalyst Revolving Loan Fund Program activity, including specified financing information.

This bill would additionally require that the above-described report include the total amount of federal moneys applied to the climate catalyst project. Existing law authorizes the I-Bank to provide financial assistance only for climate catalyst projects that the I-Bank approved before July 1, 2025. This bill would extend the July 1, 2025, date to December 31, 2031, thereby extending the financial assistance authorization. By extending the operation of a continuously appropriated fund, this bill would make an appropriation.

Existing law exempts from public disclosure specified financial information and records provided to the I-Bank on and after August 1, 2022, and before July 1, 2025. This bill would extend the July 1, 2025, date to January 1, 2032. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

(9) The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan that includes, among other mandatory elements, a housing element. Existing law requires the city or county’s planning agency, after the legislative body has adopted a general plan, to submit an annual report to the legislative body, the Office of Land Use and Climate Innovation, and the Department of Housing and Community Development. Existing law requires the housing element portion of the annual report to be prepared through the use of standards, forms, and

definitions adopted by the Department of Housing and Community Development and exempts those standards, forms, and

definitions from the rulemaking requirements of the Administrative Procedure Act. This bill would similarly require the annual report, except for the housing element portion as described above, to be prepared through the use of standards, forms, and

definitions adopted by the Office of Land Use and Climate Innovation and would also exempt these standards, forms, and

definitions from the rulemaking requirements of the Administrative Procedure Act. By imposing new duties on a city or county’s planning agency, this bill would impose a state-mandated local program.

Chapter of the Statutes of renamed the Governor’s Office of Planning and Research the Office of Land Use and Climate Innovation and requires all references to the Governor’s Office of Planning and Research to be deemed references to the Office of Land Use and Climate Innovation. This bill would correct an outdated reference to the Office of Planning and Research.

(10) Existing law establishes the Integrated Climate Adaptation and Resiliency Program, administered by the Office of Land Use and Climate Innovation, and requires the office to develop the California Climate Change Assessment to provide, among other products, reports that examine how climate change will affect the welfare of vulnerable communities and decision-support tools for organizations that serve vulnerable communities.

For these and related purposes, existing law defines “vulnerable communities” as having the meaning of “vulnerable communities” that was adopted by the Integrated Climate Adaption and Resiliency Program Technical Advisory Council at the council’s April 2, 2018, meeting and recorded in the “Defining Vulnerable Communities in the Context of Climate Adaptation” resource guide published by the office in July 2018.

This bill would provide that, for these and related purposes, “vulnerable communities” has the meaning of “vulnerable communities” adopted by the council in the most up-to-date “Defining Vulnerable Communities in the Context of Climate Adaptation” resource guide published by the office.

(11) Existing law, the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act, establishes a program to provide a trust fund account to an eligible child.

For purposes of that act, an “eligible child” is defined to include minor residents of California who are specified dependents or wards under the jurisdiction of the juvenile court in foster care with reunification services terminated by court order, or who have a parent, Indian custodian, or legal guardian who died due to COVID-19 during the federally declared COVID-19 public health emergency and meet a specified family household income limit.

Existing law establishes the HOPE for Children Trust Account Fund in the State Treasury, and continuously appropriates moneys in the fund to the board and Treasurer for implementation of the program. This bill would expand the definition of “eligible child” to include residents of California who are years of age or older who, prior to attaining years of age, had a parent, Indian custodian, or legal guardian who died due to COVID-19 during the federally declared COVID-19 public health emergency and met the specified family household income limit, thereby expanding eligibility for a HOPE trust account.

By expanding eligibility for HOPE trust accounts, which are funded through a continuously appropriated fund, this bill would make an appropriation.

(12) 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 no reimbursement is required by this act for a specified reason.

(13) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. MAJORITY YES YES YES YES NO NO NO NO NO YES The people of the State of California do enact as follows:

SECTION

Section 1798.155 of the Civil Code is amended to read: 1798.155. Administrative Enforcement (

a) Any business, service provider, contractor, or other person that violates this title shall be liable for an administrative fine of not more than two thousand five hundred dollars ($2,500) for each violation or seven thousand five hundred dollars ($7,500) for each intentional violation or violations involving the personal information of consumers whom the business, service provider, contractor, or other person has actual knowledge are under years of age, as adjusted pursuant to subdivision (

d) of

Section 1798.199.95, in an administrative enforcement action brought by the California Privacy Protection Agency. (b)

(1) Ninety-five percent of any administrative fine assessed for a violation of this title, and of the proceeds of any settlement of an action brought pursuant to subdivision (a), shall be deposited into the Consumer Privacy Subfund created within the Consumer Privacy Fund pursuant to subdivision (

b) of

Section 1798.160, and shall be used exclusively by the California Privacy Protection Agency in carrying out its duties under this title.

(2) Five percent of any administrative fine assessed for a violation of this title, and of the proceeds of any settlement of an action brought pursuant to subdivision (a), shall be deposited into the Consumer Privacy Grant Subfund created within the Consumer Privacy Fund pursuant to subdivision (

d) of

Section 1798.160.

SEC.

Section 1798.160 of the Civil Code is amended to read: 1798.160. Consumer Privacy Fund (a)

(1) A special fund to be known as the “Consumer Privacy Fund” is hereby created within the General Fund in the State Treasury, and is available upon appropriation by the Legislature.

(2) Funds in the Consumer Privacy Fund and all subfunds within the fund shall be used exclusively for the purposes described in this

section and shall not be subject to appropriation or transfer by the Legislature for any other purpose. Any interest and earnings from the fund and all subfunds within the fund shall be transferred on an annual basis to the State Treasury to be available in the General Fund for appropriation by the Legislature. (b)

(1) The Consumer Privacy Subfund is hereby created within the Consumer Privacy Fund and is available upon appropriation by the Legislature. Funds in the Consumer Privacy Subfund shall be used exclusively for the purposes described in this subdivision.

(2) Ninety-five percent of any administrative fine recovered in an action brought by the California Privacy Protection Agency for a violation of this title shall be deposited into the Consumer Privacy Subfund and shall be used exclusively by the California Privacy Protection Agency in carrying out its duties under this title. (c)

(1) The Attorney General Consumer Privacy Enforcement Subfund is hereby created within the Consumer Privacy Fund and is available upon appropriation by the Legislature. Funds in the Attorney General Consumer Privacy Enforcement Subfund shall be used exclusively for the purposes described in this subdivision.

(2) Ninety-five percent of any civil penalty recovered in an action brought by the Attorney General for a violation of this title shall be deposited into the Attorney General Consumer Privacy Enforcement Subfund and shall be used exclusively by the Attorney General in carrying out its duties under this title. (

d) The Consumer Privacy Grant Subfund is hereby created within the Consumer Privacy Fund and is available upon appropriation by the Legislature. Funds in the Consumer Privacy Subfund shall be used exclusively for the purposes described in this subdivision. (1) (

A) Five percent of any administrative fine recovered in an action brought by the California Privacy Protection Agency for a violation of this title shall be deposited into the Consumer Privacy Grant Subfund. (

B) Five percent of any civil penalty recovered in an action brought by the Attorney General for a violation of this title shall be deposited into the Consumer Privacy Grant Subfund. (2) (

A) Funds deposited into the Consumer Privacy Grant Subfund shall be used exclusively by the California Privacy Protection Agency to administer and distribute grants to promote and protect consumer privacy, educate children in the area of online privacy, and fund cooperative programs with international law enforcement organizations to combat fraudulent activities with respect to consumer data breaches. (

B) Subject to subparagraph (A), the California Privacy Protection Agency shall make grants from the Consumer Privacy Grant Subfund by distributing one-third of the amount allocated for grant funding in the subfund to each of the following grant recipients: (

i) Nonprofit organizations to promote and protect consumer privacy. (ii) Nonprofit organizations and public agencies, including school districts, to educate children in the area of online privacy. (iii) State and local law enforcement agencies to fund cooperative programs with international law enforcement organizations to combat fraudulent activities with respect to consumer data breaches. (3) (

A) The California Privacy Protection Agency shall begin administering the grant program described in paragraph (2) when the amount of funds in the Consumer Privacy Grant Subfund exceeds three hundred thousand dollars ($300,000). (

B) In a fiscal year in which the amount of funds in the Consumer Privacy Grant Subfund is equal to or less than three hundred thousand dollars ($300,000), the funds shall remain in the Consumer Privacy Grant Subfund until the total funds exceed three hundred thousand dollars ($300,000). (

e) Any remaining funds in the Consumer Privacy Fund and subfunds within the fund that were not appropriated as part of the Budget Act shall be transferred on a one-time basis in the 2025–26 fiscal year as follows:

(1) Forty-five percent of the remaining funds shall be transferred to the Consumer Privacy Subfund created within the Consumer Privacy Fund pursuant to subdivision (b).

(2) Forty-five percent of the remaining funds shall be transferred to the Attorney General Consumer Privacy Enforcement Subfund created within the Consumer Privacy Fund pursuant to subdivision (c).

(3) Ten percent of the remaining funds shall be transferred to the Consumer Privacy Grant Subfund created within the Consumer Privacy Fund pursuant to subdivision (

d) of

Section 1798.160.

SEC.

Section 1798.199.55 of the Civil Code is amended to read: 1798.199.55. (

a) When the agency determines there is probable cause for believing this title has been violated, it shall hold a hearing to determine if a violation has or violations have occurred. Notice shall be given and the hearing conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with

Section 11500) of Part of Division of Title of the Government Code). The agency shall have all the powers granted by that chapter. If the agency determines on the basis of the hearing conducted pursuant to this subdivision that a violation or violations have occurred, it shall issue an order that may require the violator to do all or any of the following:

(1) Cease and desist violation of this title.

(2) Subject to

Section 1798.155, pay an administrative fine of up to two thousand five hundred dollars ($2,500) for each violation, or up to seven thousand five hundred dollars ($7,500) for each intentional violation and each violation involving the personal information of minor consumers. When the agency determines that no violation has occurred, it shall publish a declaration so stating. (

A) Ninety-five percent of any administrative fine assessed pursuant to this paragraph shall be deposited into the Consumer Privacy Subfund created within the Consumer Privacy Fund pursuant to subdivision (

b) of

Section 1798.160. (

B) Five percent of any administrative fine assessed pursuant to this paragraph shall be deposited into the Consumer Privacy Grant Subfund created within the Consumer Privacy Fund pursuant to subdivision (

d) of

Section 1798.160. (

b) If two or more persons are responsible for any violation or violations, they shall be jointly and severally liable.

SEC.

Section 1798.199.90 of the Civil Code is amended to read: 1798.199.90. (

a) Any business, service provider, contractor, or other person that violates this title shall be subject to an injunction and liable for a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation or seven thousand five hundred dollars ($7,500) for each intentional violation and each violation involving the personal information of minor consumers, as adjusted pursuant to subdivision (

d) of

Section 1798.199.95, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The court may consider the good faith cooperation of the business, service provider, contractor, or other person in determining the amount of the civil penalty. (b) (1) (

A) Ninety-five percent of any civil penalty recovered by an action brought by the Attorney General for a violation of this title, and of the proceeds of any settlement of those actions, shall be deposited into the Attorney General Consumer Privacy Enforcement Subfund created within the Consumer Privacy Fund pursuant to subdivision (

c) of

Section 1798.160 to support the Attorney General in the enforcement of this title. (

B) Notwithstanding any provision to the contrary, the Attorney General may, if an action or settlement is the result of a joint investigation with the agency, deposit a portion of the penalties and proceeds that would otherwise be subject to subparagraph (

A) into the Consumer Privacy Subfund created within the Consumer Privacy Fund pursuant to subdivision (

b) of

Section 1798.160 in the amount necessary to provide reimbursement for investigative costs.

(2) Five percent of any civil penalty recovered by an action brought by the Attorney General for a violation of this title, and of the proceeds of any settlement of those actions, shall be deposited into the Consumer Privacy Grant Subfund created within the Consumer Privacy Fund pursuant to subdivision (

d) of

Section 1798.160. (

c) The agency shall, upon request by the Attorney General, stay an administrative action or investigation under this title to permit the Attorney General to proceed with an investigation or civil action and shall not pursue an administrative action or investigation, unless the Attorney General subsequently determines not to pursue an investigation or civil action. The agency may not limit the authority of the Attorney General to enforce this title. (

d) No civil action may be filed by the Attorney General under this

section for any violation of this title after the agency has issued a decision pursuant to

Section 1798.199.85 or an order pursuant to

Section 1798.199.55 against that person for the same violation. (

e) This

section shall not affect the private right of action provided for in

Section 1798.150.

SEC. 5.

Section of the Corporations Code is amended to read: 25608. (

a) The commissioner shall charge and collect the fees fixed in this

section and

Section 25608.1. All fees charged and collected under this

section and

Section 25608.1 shall be transmitted to the Treasurer at least weekly, accompanied by a detailed statement thereof and shall be credited to the Financial Protection Fund. (

b) The fee for filing an application for a negotiating permit under subdivision (

c) of

Section is fifty dollars ($50). (

c) The fee for filing a notice pursuant to paragraph (5) of subdivision (

h) of

Section 25102, for filing a notice pursuant to paragraph (4) of subdivision (

f) of

Section 25102, or for filing a notice pursuant to paragraph (10) of subdivision (

r) of

Section 25102, in addition to the fee prescribed in those paragraphs, if applicable, shall be determined based on the value of the securities proposed to be sold in the transaction for which the notice is filed and in accordance with subdivision (g), and shall be as follows: Value of Securities Proposed to be Sold Filing Fee $25,000 or less $ 25 $25,001 to $100,000 $ 35 $100,001 to $500,000 $ 50 $500,001 to $1,000,000 $150 Over $1,000,000 $300 (

d) The fee for filing an application for designation of an issuer pursuant to subdivision (

k) of

Section is fifty dollars ($50). (

e) The fee for filing an application for qualification of the sale of securities by notification under

Section or by permit under paragraph (1) of subdivision (

b) of

Section 25113 (except applications for qualification by permit of the sale of any guarantee of any security, the fees for which applications are fixed in subdivision (k)) is two hundred dollars ($200) plus one-fifth of percent of the aggregate value of the securities sought to be sold in this state up to a maximum aggregate fee of two thousand five hundred dollars ($2,500). The fee for filing a small company application for qualification of the sale of securities by permit under paragraph (2) of subdivision (

b) of

Section is two thousand five hundred dollars ($2,500). In the case where the costs of processing a small company application exceed the filing fee, an additional fee shall be charged, not to exceed one thousand dollars ($1,000), over and above the filing fee based on the costs of the salary or other compensation paid to persons processing the application plus overhead costs reasonably incurred in the performance of the work. In determining the costs, the commissioner may use the estimated average hourly cost for all persons processing applications for the fiscal year. (

f) The fee for filing an application for qualification of the sale of securities by coordination under

Section or a notice of intention to sell under subdivision (

t) of

Section is two hundred dollars ($200) plus one-fifth of percent of the aggregate value of the securities sought to be sold in this state up to a maximum aggregate fee of two thousand five hundred dollars ($2,500). (

g) For the purpose of determining the fees fixed in subdivisions (

e) and (f):

(1) The value of the securities shall be the price at which the company proposes to sell the securities, or the value, as alleged in the application, or the actual value, as determined by the commissioner, of the consideration (if other than money) to be received in exchange therefor, or of the securities when sold, whichever is greater.

(2) Interim or voting trust certificates shall have a value equal to the aggregate value of the securities to be represented by the interim or voting trust certificates.

(3) The value of a warrant or right to purchase or subscribe to another security of the same or another issuer shall be an amount equal to the consideration to be paid for that warrant or right plus an amount equal to the consideration to be paid upon purchase of the additional securities, provided that if the latter amount is not determinable at the time of qualification, that amount shall then be the value of the additional securities as determined by the commissioner.

(4) In the case of a share dividend where the shareholders are given an option to accept either cash or additional shares of common stock, the value of the securities to be sold shall be the maximum amount of cash that would be payable in the event that all shareholders elected to accept cash. (

h) The fee for filing an application for qualification of the sale of securities by permit under

Section is:

(1) Two hundred dollars ($200) in connection with any change (including any stock split or reverse stock split or stock dividend, except a stock dividend where the shareholders are given an option to accept either cash or additional shares of common stock) in the rights, preferences, privileges, or restrictions of or on outstanding securities.

(2) Two hundred dollars ($200) plus one-fifth of percent of the value, as alleged in the application, or the actual value, as determined by the commissioner, of the consideration to be received in exchange therefor, up to a maximum aggregate fee of two thousand five hundred dollars ($2,500), in any exchange of securities by the issuer with its existing security holders exclusively, or in any exchange in connection with any merger or consolidation or purchase of corporate assets in consideration of the issuance of securities, or any entity conversion transaction. (

i) The fee for filing an application for qualification of the sale of securities by notification under

Section shall be one hundred dollars ($100). (

j) The fee for an application for the removal of any condition under

Section is fifty dollars ($50). (

k) The fee for filing any application for a permit to execute or issue any guarantee of any security is fifty dollars ($50). (

l) The fee for acting as escrowholder for securities under

Section is fifty dollars ($50). In addition, a fee of two dollars and fifty cents ($2.50) shall be paid for the deposit with the commissioner of each new certificate or other document resulting from a transfer in escrow. (

m) The fee for filing an application for an order (1) consenting to the transfer in escrow of securities or (2) consenting to the transfer of securities subject to any condition imposed by the commissioner requiring the commissioner’s consent to the transfer is twenty dollars ($20) for each transfer. (

n) The filing fee for an amendment to an application filed after the effective date of the qualification of the sale of securities is fifty dollars ($50) plus any additional fee that would have been required to be paid with the original application for qualification of the sale of securities under this

section if the matters set forth in the amendment had been included in the original application. (o)

(1) The fee for filing an application for a broker-dealer certificate under

Section is three hundred dollars ($300).

(2) Each broker-dealer shall pay to the commissioner its pro rata share of all costs and expenses, reasonably incurred in the administration of the broker-dealer program under this division, as estimated by the commissioner for the ensuing year and any deficit actually incurred or anticipated in the administration of the program in the year in which the assessment is made.

The pro rata share shall be the proportion that the broker-dealer and the number of its agents in this state bears to the aggregate number of broker-dealers and agents in this state as shown by records maintained by or on behalf of the commissioner. The pro rata share may include the costs of any examinations, audit, or investigation provided for in subdivision (r).

(3) Every broker-dealer who has secured from the commissioner a certificate shall, in order to keep the certificate in effect for an additional period, pay a minimum assessment of seventy-five dollars ($75) on or before the 31st of December in each year.

(4) The commissioner may assess and levy against each broker-dealer any additional amount above the minimum assessment amount of seventy-five dollars ($75) that is reasonable and necessary to support the broker-dealer program under this division. If an additional amount is assessed, the commissioner shall notify each broker-dealer by mail of any additional amount assessed and levied against it on or before the 30th day of May in each year, and that amount shall be paid within days thereafter.

If payment is not made within days, the commissioner shall assess and collect a penalty in addition to the assessment of percent of the assessment for each month or part of a month that the payment is delayed or withheld.

(5) If a broker-dealer fails to pay any assessment on or before the 30th day of the month following the day upon which payment is due, the commissioner may by order summarily suspend or revoke the certificate issued to the broker-dealer. If, after that order is made, a request for hearing is filed in writing and a hearing is not held within days thereafter, the order is deemed rescinded as of its effective date.

During any period when its certificate is revoked or suspended, a broker-dealer shall not conduct business pursuant to this division except as may be permitted by order of the commissioner; provided, however, that the revocation, suspension, or surrender of a certificate shall not affect the powers of the commissioner as provided under this division.

(6) In determining the amount assessed, the commissioner shall consider all appropriations from the Financial Protection Fund for the support of the broker-dealer program under this division and all reimbursements applicable to the administration of the broker-dealer program under this division. (p)

(1) The commissioner shall charge a fee of fifty dollars ($50) for the filing of a notice or report required by rules adopted pursuant to subdivision (

b) of

Section or subdivision (

b) of

Section 25230.

(2) The commissioner shall charge a fee up to fifty dollars ($50) to keep in effect for the following year any notice or report required by rules adopted pursuant to subdivision (

b) of

Section or subdivision (

b) of

Section 25230.

(3) No person shall, on behalf of a broker-dealer licensed pursuant to

Section 25211, effect any transaction in, or induce or attempt to induce the purchase or sale of, any security in this state unless the broker-dealer pays the annual fee required by paragraph (2) of this subdivision on or before the day upon which payment is due.

(4) No person may, in this state, on behalf of an investment adviser licensed pursuant to

Section 25231, offer or negotiate for the sale of investment advisory services of the investment adviser, determine which recommendations shall be made to, make recommendations to, or manage the accounts of, clients of the investment adviser, or determine the reports or analyses concerning securities to be published by the investment adviser, unless the investment adviser pays the annual fee required by paragraph (2) on or before the day upon which payment is due.

(5) The commissioner may by order summarily enjoin an individual from performing any activity under paragraph (3) or (4) if the annual fee in paragraph (2) is not paid on or before the day upon which payment is due. An order under this paragraph may not be made before days after notice by the commissioner that the fee is due and unpaid. (q)

(1) Except as provided for in paragraph (2), the fee for filing an application for an investment adviser under

Section is one hundred twenty-five dollars ($125), and payment of this amount shall keep the certificate, if granted, in effect during the calendar year during which it is granted. Every investment adviser who has secured from the commissioner a certificate shall, in order to keep the certificate in effect for an additional period, pay a renewal fee of one hundred twenty-five dollars ($125) on or before the 31st day of December. (2) Paragraph (1) shall not apply to a broker-dealer licensed under

Section 25210. (r)

(1) Except as provided for in paragraph (2), the fee for any routine or nonroutine regulatory examination, audit, or investigation is the amount of the salary or other compensation paid to the persons making the examination, audit, or investigation plus the amount of expenses including overhead reasonably incurred in the performance of the work. In determining the costs associated with an examination, audit, or investigation, the commissioner may use the estimated average hourly cost for all persons performing examinations, audits, or investigations for the fiscal year.

(2) An investment adviser licensed under

Section pursuant to the Investment Adviser Registration Depository shall not be subject to paragraph (1) only in regard to the fee for a routine regulatory examination of its investment advisory services for which it is licensed under

Section 25230. (

s) The fee for any hearing held by the commissioner pursuant to

Section shall be the sum determined by the commissioner to cover the actual expense of noticing and holding the hearing. (

t) The commissioner may fix by rule a reasonable charge for any publications issued under the commissioner’s authority. The charges shall not apply to reports of the commissioner in the ordinary course of distribution. (

u) The fee for filing an offer under subdivision (

b) of

Section shall be the amount of filing fee payable under subdivision (e), (f), (h), or (

i) of this

section if an application had been filed to qualify the transaction in which the securities upon which the offer is to be made were sold in violation of the qualification provisions of this law. (

v) The fee for filing an application for exemption pursuant to subdivision (

l) of

Section is two hundred fifty dollars ($250). (

w) The commissioner may by rule require payment of a fee for filing a notice or report required by a rule adopted pursuant to

Section 25105. The fee required in connection with a transaction as defined by that rule shall not exceed the fees specified in subdivision (

c) based on the value of the securities sold, but the commissioner may permit a single notice for more than one transaction. (

x) The fee for filing the first notice of transaction under subdivision (

n) of

Section is six hundred dollars ($600). (

y) The fee for filing a notice of transaction under subdivision (

o) of

Section shall be the fee for filing an application for qualification of the sale of securities by permit under paragraph (1) of subdivision (

b) of

Section as set forth in subdivision (

e) of this section. (

z) The fee for filing a notice of transaction under subdivision (

h) of

Section shall be six hundred dollars ($600).

SEC. 6.

Section of the Corporations Code is amended to read: 31500. (

a) The commissioner shall charge and collect the fees fixed by this section. All fees and charges collected under this

section shall be transmitted to the Treasurer at least weekly, accompanied by a detailed statement thereof and shall be credited to the Financial Protection Fund. (

b) The fee for filing an application for registration of the offer of franchises under

Section is one thousand eight hundred sixty-five dollars ($1,865). (

c) The fee for filing an application for renewal of a registration under

Section is one thousand two hundred forty-five dollars ($1,245). (

d) The fee for filing an amendment to the application filed under

Section or after the effective date of the registration of the offer of franchises, is fifty dollars ($50). (

e) The fee for filing an application for material modification under

Section is fifty dollars ($50), whether or not it accompanies an application under

Section or 31121. (

f) The fee for filing the initial notice of exemption under

Section is one thousand two hundred forty-five dollars ($1,245) and the fee for filing each consecutive subsequent notice of exemption under these provisions is four hundred fifteen dollars ($415). (

g) The fee for filing an application for approval of a written notice of violation under

Section or is one thousand eight hundred sixty-five dollars ($1,865). (

h) The fee for filing an application for registration as a franchise broker under

Part 7 (commencing with

Section 31520) is four hundred fifty dollars ($450). (

i) The fee for filing an application for amendment of a registration as a franchise broker under

Part 7 (commencing with

Section 31520) is fifty dollars ($50).

SEC. 7.

Section of the Financial Code is amended to read: 408. The commissioner, in addition to the annual assessment, shall collect from each bank authorized to engage in the trust business, to defray the cost of examination, a fee for the examination, as determined by the commissioner. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for all persons performing the examination, plus, if in the opinion of the commissioner it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner.

The commissioner shall assess the fee upon completion of the examination of the trust company or trust business and shall mail or otherwise deliver an invoice for the fee to the institution. The institution shall pay the fee within days after the invoice is mailed or otherwise delivered to it.

SEC. 8.

Section of the Financial Code is amended to read: 501. (

a) Whenever, in the judgment of the commissioner, it is necessary or advisable to make an extra examination of or to devote any extraordinary attention to any bank, any foreign bank, or any office of a foreign bank, the commissioner has the authority to do so and to charge and collect from the bank or foreign bank, in the case of an extra examination, a fee for the examination, as determined by the commissioner. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for all persons performing the examination. (

b) Whenever in the judgment of the commissioner it is necessary or expedient for any examiner engaged in any examination to travel outside this state, the commissioner may charge for the travel expenses of the examiner.

SEC. 9.

Section of the Financial Code is amended to read: 1674. Fees shall be paid to and collected by the commissioner as follows: (

a) The fee for filing with the commissioner an application by an uninsured foreign (other state) bank for approval to establish a facility is two hundred fifty dollars ($250). (

b) The fee for filing with the commissioner an application by an uninsured foreign (other state) bank that is licensed pursuant to

Article 4 (commencing with

Section 1710) to maintain a facility for approval to relocate or to close the facility is one hundred dollars ($100). (

c) The fee for issuing a license pursuant to

Article 4 (commencing with

Section 1710) is twenty-five dollars ($25). (

d) Each foreign (other state) state bank that on June of any year maintains one or more California branch offices shall pay, on or before the following July 1, a fee of one thousand dollars ($1,000) per California branch office. However, the minimum fee paid by a foreign (other state) state bank under this subdivision shall be not less than three thousand dollars ($3,000) and the maximum fee shall be not more than fifty thousand dollars ($50,000). (

e) Each foreign (other state) bank that on June of any year maintains a facility but no California branch office shall pay, on or before the following July 1, a fee of two hundred fifty dollars ($250) for each facility. (

f) If the commissioner makes an examination in connection with a pending application, as described in subdivision (

a) or (b), the applicant shall pay a fee for the examination, as determined by the commissioner. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for all persons performing the examination, plus, if in the opinion of the commissioner it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner. (

g) If the commissioner makes an examination of a foreign (other state) state bank that maintains a California branch office, the bank shall pay a fee for the examination, as determined by the commissioner. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for all persons performing the examination, plus, if in the opinion of the commissioner it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner. (

h) If the commissioner makes an examination of a facility of an uninsured foreign (other state) bank licensed under

Article 4 (commencing with

Section 1710), the bank shall pay a fee for the examination, as determined by the commissioner. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for all persons performing the examination, plus, if in the opinion of the commissioner it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner. (

i) If the commissioner makes an examination of a facility of an insured foreign (other state) bank that does not maintain a California branch office, the bank shall pay a fee for the examination, as determined by the commissioner. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for all persons performing the examination, plus, if in the opinion of the commissioner it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner.

SEC. 10.

Section of the Financial Code is amended to read: 2038. Fees shall be paid to, and collected by, the commissioner, as follows: (

a) The fee for filing an application for a license is five thousand dollars ($5,000), as provided in subdivision (

a) of

Section 2032. (

b) The fee for filing an application for approval to acquire control of a licensee is three thousand five hundred dollars ($3,500). (

c) A licensee shall pay annually on or before July 1, a licensee fee of two thousand five hundred dollars ($2,500). (

d) A licensee shall pay annually on or before July 1, one hundred twenty-five dollars ($125) for each licensee branch office in this state. (

e) A licensee shall pay annually on or before July 1, twenty-five dollars ($25) for each agent branch office in this state. (

f) Whenever the commissioner examines a licensee or any agent of a licensee, the licensee shall pay, within days after receipt of a statement from the commissioner, a fee for the examination, as determined by the commissioner. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for all persons performing the examination, plus, if it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner. (

g) Whenever the commissioner examines an applicant, the applicant shall pay, within days after receipt of a statement from the commissioner, a fee for the examination, as determined by the commissioner. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for all persons performing the examination, plus, if it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner. (

h) Each fee for filing an application shall be paid at the time the application is filed with the commissioner. No fee for filing an application shall be refundable, regardless of whether the application is approved, denied, or withdrawn.

SEC. 11.

Section of the Financial Code is amended to read: 4839. Fees shall be paid to, and collected by, the commissioner, as follows: (

a) The fee for filing an application for approval of a sale under this division shall be two thousand five hundred dollars ($2,500). (

b) The fee for filing an application for approval of a merger under this division shall be two thousand five hundred dollars ($2,500). (c)

(1) The fee for filing an application for approval of a conversion under this division shall be five thousand dollars ($5,000).

(2) The fee for issuing a certificate of authority or license under subdivision (

a) of

Section or subdivision (

a) of

Section shall be two thousand five hundred dollars ($2,500). (

d) The fee for issuing a certificate of authority or license under any other provision of this division shall be twenty-five dollars ($25). (

e) The fee for issuing a certificate under

Section 4862, 4879.17, 4891, 4930, or shall be twenty-five dollars ($25). (

f) In case the commissioner makes an examination in connection with a pending application, as described in paragraph (1), (2), (3), (4), (5), or (6) the applicant shall pay a fee for the examination, as determined by the commissioner. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for all persons performing the examination, plus, if in the opinion of the commissioner it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner.

(1) Examination of the selling depository corporation in connection with a pending application for approval of a sale of a whole business unit (as defined in

Section 4840) under

Article 2 (commencing with

Section 4845) of

Chapter 3.

(2) Examination of the partial business unit (as defined in

Section 4840) to be sold and any related affairs of the selling depository corporation in connection with a pending application for approval of a sale of a partial business unit (as defined in

Section 4840) under

Article 2 (commencing with

Section 4845) of

Chapter 3.

(3) Examination of the purchasing depository corporation in connection with a pending application for approval of a sale of a whole business unit (as defined in

Section 4880) under

Article 3.5 (commencing with

Section 4876.01) of

Chapter or of a partial business unit (as defined in

Section 4880) under

Article 4.5 (commencing with

Section 4878.01) of

Chapter 3.

(4) Examination of the surviving depository corporation in connection with a pending application for approval of a merger under

Article 4 (commencing with

Section 4908.01) of

Chapter 4.

(5) Examination of the disappearing depository corporation in connection with a pending application for approval of a merger under

Article 1 (commencing with

Section 4880) or

Article 2 (commencing with

Section 4895.01) of

Chapter 4.

(6) Examination of the converting depository corporation in connection with a pending application for approval of a conversion under

Article 1 (commencing with

Section 4920) or

Article 2 (commencing with

Section 4940) of

Chapter 5.

SEC.

Section 14353.5 of the Financial Code is amended to read: 14353.5. Whenever the commissioner finds it necessary or advisable to make an extra examination of a credit union, the commissioner may charge the credit union a fee for the examination. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for each examiner engaged in the extra examination, and the credit union shall, within days after the mailing or other delivery of a statement by the commissioner, pay the fee charged by the commissioner.

SEC. 13.

Section of the Financial Code is amended to read: 16006. Fees shall be paid to and collected by the commissioner as follows: (

a) The fee for an application by a foreign (other state) credit union that is not licensed to transact business in this state for approval to establish a branch office is one thousand dollars ($1,000). (

b) The fee for an application by a foreign (other state) credit union that is licensed to transact business in this state for approval to establish a California branch office is five hundred dollars ($500). (

c) The fee for issuing a license to establish and maintain a California branch office or California facility is twenty-five dollars ($25). (

d) Each foreign (other state) credit union that on June of any year maintains one or more California branch offices or California facilities shall pay, on or before the following July 1, a fee of two hundred fifty dollars ($250) per California branch office and one hundred dollars ($100) per California facility. However, the maximum fee shall be not more than one thousand dollars ($1,000). (

e) If the commissioner makes an examination in connection with a pending application, the foreign (other state) credit union making the application shall pay a fee for the examination, as determined by the commissioner. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for all persons performing the examination, plus, if in the opinion of the commissioner it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner. (

f) If the commissioner makes an examination of a foreign (other state) credit union that maintains a California branch office or California facility, the foreign (other state) credit union shall pay a fee for the examination, as determined by the commissioner. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for all persons performing the examination, plus, if in the opinion of the commissioner it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner.

SEC. 14.

Section of the Financial Code is amended to read: 16505. Fees shall be paid to and collected by the commissioner as follows: (

a) The fee for filing with the commissioner an application by a foreign (other nation) credit union that is not licensed to transact business in this state for approval to establish a branch office shall be one thousand dollars ($1,000). (

b) The fee for filing with the commissioner an application by a foreign (other nation) credit union that is not licensed to transact business in this state for approval to establish an agency shall be five hundred dollars ($500). (

c) The fee for filing with the commissioner an application by a foreign (other nation) credit union that is licensed to transact business in this state for approval to establish a branch office shall be five hundred dollars ($500). (

d) The fee for filing with the commissioner an application by a foreign (other nation) credit union that is licensed to transact business in this state for approval to establish an agency shall be two hundred fifty dollars ($250). (

e) The fee for filing with the commissioner an application by a foreign (other nation) credit union for approval to establish a representative office shall be two hundred fifty dollars ($250). (

f) The fee for filing with the commissioner an application by a foreign (other nation) credit union for approval to relocate or to close an office shall be one hundred fifty dollars ($150). (

g) The fee for issuing a license shall be twenty-five dollars ($25). (

h) Each foreign (other nation) credit union that on June of any year maintains one or more offices shall pay, on or before the following July 1, a fee of two hundred fifty dollars ($250) per branch office, one hundred dollars ($100) per agency, and fifty dollars ($50) per representative office. (

i) If the commissioner makes an examination in connection with a pending application, the foreign (other nation) credit union making the application shall pay a fee for the examination, as determined by the commissioner. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for all persons performing the examination, plus, if in the opinion of the commissioner it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner. (

j) If the commissioner makes an examination of a foreign (other nation) credit union that is licensed to maintain an office, the foreign (other nation) credit union shall pay a fee for the examination, as determined by the commissioner. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for all persons performing the examination, plus, if in the opinion of the commissioner it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner.

SEC. 15.

Section of the Financial Code is amended to read: 17207. The commissioner shall charge and collect the following fees and assessments: (

a) For filing an application for an escrow agent’s license, six hundred twenty-five dollars ($625) for the first office or location and four hundred twenty-five dollars ($425) for each additional office or location. (

b) For filing an application for a duplicate of an escrow agent’s license lost, stolen, or destroyed, or for replacement, upon a satisfactory showing of the loss, theft, destruction, or surrender of certificate for replacement, two dollars ($2). (

c) For investigation services in connection with each application, one hundred dollars ($100), and for investigation services in connection with each additional office application, one hundred dollars ($100). (

d) For holding a hearing in connection with the application, as set forth under

Section 17209.2, the actual costs experienced in each particular instance. (e)

(1) Each escrow agent shall pay to the commissioner for the support of this division for the ensuing year, plus a deficit or less a surplus actually incurred during the prior two fiscal years, an annual license fee not to exceed seven thousand two hundred fifteen dollars ($7,215) for each office or location.

(2) On or before May in each year, the commissioner shall notify each escrow agent by mail of the amount of the annual license fee levied against it, and that the payment of the invoice is payable by the escrow agent within days after receipt of notification by the commissioner.

(3) If payment is not made within days, the commissioner may assess and collect a penalty, in addition to the annual license fee, of percent of the fee for each month or part of a month that the payment is delayed or withheld.

(4) If an escrow agent fails to pay the amount due on or before the June following the day upon which payment is due, the commissioner may by order summarily suspend or revoke the certificate issued to the company.

(5) If, after an order is made pursuant to paragraph (4), a request for a hearing is filed in writing and a hearing is not held within days thereafter, the order is deemed rescinded as of its effective date. During any period when its certificate is revoked or suspended, a company shall not conduct business pursuant to this division, except as may be permitted by order of the commissioner. However, the revocation, suspension, or surrender of a certificate shall not affect the powers of the commissioner as provided in this division. (

f) Fifty dollars ($50) for investigation services in connection with each application for qualification of any person under

Section 17200.8, other than investigation services under subdivision (

c) of this section. (

g) A fee not to exceed twenty-five dollars ($25) for the filing of a notice or report required by rules adopted pursuant to subdivision (

a) or

Section 17203.1. (h)

(1) If costs and expenses associated with the enforcement of this division, including overhead, are or will be incurred by the commissioner during the year for which the annual license fee is levied, and that will or could result in the commissioner’s incurring of costs and expenses, including overhead, in excess of the costs and expenses, including overhead, budgeted for expenditure for the year in which the annual license fee is levied, then the commissioner may levy a special assessment on each escrow agent for each office or location in an amount estimated to pay for the actual costs and expenses associated with the enforcement of this division, including overhead, in an amount not to exceed one thousand dollars ($1,000) for each office or location.

The commissioner shall notify each escrow agent by mail of the amount of the special assessment levied against it, and that payment of the special assessment is payable by the escrow agent within days of receipt of notification by the commissioner. The funds received from the special assessment shall be deposited into the Financial Protection Fund and shall be used only for the purposes for which the special assessment is made.

(2) If payment is not made within days, the commissioner may assess and collect a penalty, in addition to the special assessment, of percent of the special assessment for each month or part of a month that the payment is delayed or withheld. If an escrow agent fails to pay the special assessment on or before days following the day upon which payment is due, the commissioner may by order summarily suspend or revoke the certificate issued to the company. If an order is made under this subdivision, the provisions of paragraph (5) of subdivision (

e) shall apply.

(3) If the amount collected pursuant to this subdivision exceeds the actual costs and expenses, including overhead, incurred in the administration and enforcement of this division and any deficit incurred, the excess shall be credited to each escrow agent on a pro rata basis.

SEC. 16.

Section of the Financial Code is amended to read: 50401. (

a) In addition to other fees and reimbursements required to be paid under this division, each residential mortgage lender or servicer licensee shall pay to the commissioner an amount equal to the lesser of: (1) its pro rata share of all costs and expenses (including overhead and the maintenance of a prudent reserve not to exceed days’ costs and expenses) that the commissioner reasonably expects to incur in the current fiscal year in the administration of this division and not otherwise recovered by the commissioner under this division or from the Financial Protection Fund, plus a deficit or less a surplus actually incurred during the prior two fiscal years; or (2) fifteen thousand dollars ($15,000).

The pro rata share shall be the greater of either three thousand dollars ($3,000) or the sum of: (

A) a number derived from the ratio of the aggregate principal amount of the mortgage loans secured by residential real property originated by the licensee to all mortgage loans secured by residential real property originated by all licensees under this division, as shown by the annual financial reports to the commissioner, which number is then multiplied by one-half of the costs and expenses estimated by the commissioner; plus (

B) a number derived from the ratio of the average value of mortgage loans secured by residential real property serviced by a licensee to the average value of all mortgage loans secured by residential real property serviced by all licensees under this division, as shown by the annual financial reports to the commissioner, which number is then multiplied by one-half of the costs and expenses estimated by the commissioner.

For the purposes of this section, the “principal amount” of a mortgage loan means the initial total amount a borrower is obligated to repay the lender and the “average value” of loans serviced means the sum of the aggregate dollar value of all mortgage loans secured by residential real property serviced by a licensee, calculated as of the last day of each month in the calendar year just ended, divided by 12.

In order for the commissioner to calculate the assessment under this section, each licensee shall file an annual report for the calendar year just ended containing the information required by the commissioner on or before March of the year in which the assessment is to be calculated. In determining the amount assessed, the commissioner shall consider all appropriations from the Financial Protection Fund for the support of this division and all reimbursements provided for under this division. (

b) In no case shall the reimbursement, payment, or other fee authorized by this

section exceed the cost, including overhead, reasonably incurred in the administration of this division, and the maintenance of a prudent reserve not to exceed days’ costs and expenses. (

c) On or before the 30th day of September in each year, the commissioner shall notify each licensee by mail of the amount assessed and levied against it and that amount shall be paid within days. If payment is not made within days, the commissioner shall assess and collect a penalty, in addition to the assessment of percent of the assessment for each month or part of a month that the payment is delayed or withheld. (

d) If a licensee fails to pay the assessment on or before the 30th day following the day upon which payment is due, the commissioner may by order summarily suspend or revoke the license issued to the licensee. An order issued under this

section is not stayed by the filing of a request for a hearing. If, after an order is made, the request for hearing is filed in writing within days from the date of service of the order and a hearing is not held within days of the filing, the order is deemed rescinded as of its effective date. During a period when its license is revoked or suspended, a licensee shall not conduct business pursuant to this division except as may be permitted by further order of the commissioner. However, the revocation, suspension, or surrender of a license shall not affect the powers of the commissioner as provided in this division.

SEC.

Section 7929.011 of the Government Code is amended to read: 7929.011. (

a) Notwithstanding any other provision of this chapter, the following information and records of a bank, as defined in

Section 63010, shall not be subject to disclosure pursuant to this chapter, unless the information has already been publicly released by the custodian of the information:

(1) A commercial or personal financial statement or other financial or project data received from an actual or potential applicant to the bank, loan recipient, or investment recipient.

(2) A record containing information regarding a specific financial assistance, bond or loan amount or term, or information received from an applicant or customer pertaining to a contract for financial assistance, bond or loan or an application related thereto, including an investment agreement, loan agreement, or a related document.

(3) Due diligence materials, or information related to customers, and competitors, including summaries, reports, analyses, recommendations, projections, or estimates related thereto.

(4) Any record containing information claimed to be a trade secret, confidential or proprietary, or to be otherwise exempt from disclosure under this chapter, or under other applicable provisions of law as identified in writing by the information provider. (

b) This

section shall apply to the bank solely in relation to the administration of the Climate Catalyst Revolving Fund Act of 2020 (Article 6.7 (commencing with

Section 63048.91) of

Chapter of Division of Title 6.7), the Venture Capital Program pursuant to

Section 63089.99, and the financing of economic development facilities and public development facilities, but only when a participating party is seeking financial assistance with the support of a sponsor, as those terms are defined in

Section 63010. (

c) This

section shall not exempt disclosure of bank-produced documents or materials, including staff reports and terms sheets, that are presented to the bank’s board of directors for consideration and approval, even if such documents or materials are produced from original information and documents that are otherwise exempted under this section. Any further information or document requested by the bank’s board of directors in connection with these bank-produced documents or materials that is provided during, or prior to, the bank board meeting, are also not exempt from disclosure and shall be publicly available in the form provided to the board. (

d) This

section shall only apply to documents and information provided to the bank on and after August 1, 2022, and prior to January 1, 2032, and shall continue to apply to those documents and information going forward.

SEC. 18.

Section of the Government Code is amended to read: 9795. (a)

(1) Any report required or requested by law, or identified in the Legislative Analyst’s Supplemental Report of the Budget Act, to be submitted by a state or local agency to a committee of the Legislature or the Members of either house of the Legislature generally, shall instead be submitted as an electronic copy to the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel. Each report shall include a

summary of its contents, not to exceed one page in length. If the report is submitted by a state agency, that agency shall also provide an electronic copy of the

summary directly to each Member of the appropriate house or houses of the Legislature. Notice of receipt of the report shall also be recorded in the journal of the appropriate house or houses of the Legislature by the secretary or clerk of that house.

(2) In addition to, and as part of, the information made available to the public in electronic form pursuant to

Section 10248, the Legislative Counsel shall make available a list of the reports submitted by state and local agencies, as specified in paragraph (1). If the Legislative Counsel receives a request from a member of the public for a report contained in the list, the Legislative Counsel is not required to provide a copy of the report and may refer the requester to the state or local agency, as the case may be, that authored the report, or to the California State Library as the final repository of public information. (

b) A report shall not be distributed to a Member of the Legislature unless specifically requested by that Member. (

c) Compliance with subdivision (

a) shall be deemed to be full compliance with subdivision (

c) of

Section 10242.5. (

d) A state agency report and

summary subject to this

section shall include an internet website where the report can be downloaded and a telephone number to call to order a hard copy of the report. A report submitted by a state agency subject to this

section shall also be posted at the agency’s internet website. (

e) For purposes of this section, “report” includes any study or audit.

SEC.

Section 10242.5 of the Government Code is amended to read: 10242.5. (

a) The Legislative Counsel shall annually prepare, publish, and maintain an electronic list of all reports that state and local agencies are required or requested by law to prepare and file with the Governor or the Legislature, or both, in the future or within the preceding year. The list shall include all of the following information:

(1) The name of the agency that is required or requested to prepare and file the report.

(2) A brief description of the subject of the report.

(3) The date on which the report is to be completed and filed.

(4) The date on which the report was filed with the Legislative Counsel. (

b) The Legislative Counsel shall make the list of reports available to the public on an internet website and shall annually provide to each Member of the Legislature a hyperlink to the internet website whereby the list can be accessed. (c)

(1) Each state and local agency that is required or requested by law to prepare a report described in subdivision (

a) shall file an electronic copy of the report with the Legislative Counsel. If the report is posted on an internet website, the agency filing the electronic copy shall provide to the Legislative Counsel a hyperlink whereby the report may be accessed.

(2) The Legislative Counsel shall include, on the internet website it maintains for purposes of this section, any hyperlinks provided by state and local agencies pursuant to paragraph (1). (

d) As used in this section: (1) “Agency” includes any city, county, special district, department, board, bureau, or commission, including any task force or other similar body that is created by statute or resolution. “Agency” does not include the University of California. (2) “Report” includes any study or audit. (

e) The Legislative Counsel shall update the list required by subdivision (

a) by removing duplicate reports from the list. The Legislative Counsel shall also remove reports from the list as directed by

Section of

Chapter of the Statutes of 2010, or a subsequent statute that further requires the Legislative Counsel to remove reports included in the list.

SEC.

Section 11011.4 is added to the Government Code , to read: 11011.4. (

a) Upon approval from the Department of Finance, the Secretary of the Department of Corrections and Rehabilitation shall notify the Department of General Services and the Joint Legislative Budget Committee of any state real property under its jurisdiction that has been determined to be excess to its needs, as defined in

Section 11011, and shall request authorization from the Legislature to dispose of the land by sale, exchange, sale in combination with an exchange, or transfer to a local government. (b)

(1) Notwithstanding any other law, upon authorization by the Legislature, the Department of General Services may sell, lease, exchange, sell in combination with an exchange, transfer to a local government, or otherwise dispose of, upon terms and conditions as the Director of General Services determines are in the best interest of the state, excess state real property under the jurisdiction of the Department of Corrections and Rehabilitation.

(2) Notwithstanding paragraph (1), and insofar as the Department of General Services has authority to lease state real property under the jurisdiction of the Department of Corrections and Rehabilitation, the Department of General Services may execute leases for those properties. (c)

(1) State real property identified pursuant to subdivision (

a) shall be evaluated by the Department of General Services for alternative use by the state pursuant to subdivision (

e) of

Section 11011, including for affordable housing in accordance with the criteria established pursuant to subdivision (

a) of

Section 14684.3.

(2) If the Department of General Services determines that an alternative use by the state is in the best interests of the state, the department may transfer all or portions of a property to the appropriate state agency.

(3) If no alternative uses by the state are determined to be feasible or in the best interest of the state, the Department of General Services is authorized to dispose of all or portions of a property pursuant to subdivision (b). (

d) Before the disposal to a nonstate entity of property identified pursuant to this section, the Department of General Services shall notify the Joint Legislative Budget Committee of its intent to dispose of specified property no earlier than days after notification is made. (

e) In setting the purchase price or lease terms for property identified pursuant to this section, the Department of General Services may permit a sales price or set lease terms at less than fair market value if it determined that a discount is in the best interest of the state. (

f) The Department of General Services shall be reimbursed for any cost or expense incurred in the disposition of any parcel and may be reimbursed from the net proceeds of a transaction entered into pursuant to this section. (

g) Net proceeds of a sale of state real property identified in subdivision (

a) shall be deposited pursuant to subdivision (

g) of

Section 11011. (h)

(1) Excluding revenue received pursuant to subdivision (g), and excluding any reimbursement of the Department of General Services pursuant to subdivision (f), all other revenues received pursuant to this

section shall be deposited into the Property Acquisition Law Money Account and be available for transfer into the Architectural Revolving Fund for expenditure by the Department of General Services.

(2) Funds transferred pursuant to this subdivision shall be made available to the Department of General Services to improve the likelihood of successful redevelopment of property identified pursuant to this section. Those activities may include, but are not limited to, any of the following: (

A) Undertaking studies and real estate due diligence regarding specific properties. (

B) Performing abatement or demolition of existing improvements. (

C) Constructing infrastructure to improve or otherwise modify a property. (

D) Executing contracts with local government entities for land use planning or entitlement activities.

(3) The Department of General Services shall notify the Joint Legislative Budget Committee at least days before expending funds pursuant to paragraph (2). (

i) Property processed pursuant to this

section is prohibited from being used for carceral purposes or as a detention facility. (j)

(1) The sale, lease, exchange, sale in combination with an exchange, or transfer to a local government, made pursuant to this

section and made on an “as is” basis shall be exempt from Division 13 (commencing with

Section 21000) of the Public Resources Code. Upon title to the parcel vesting in the purchaser or transferee of the property, the purchaser or transferee shall be subject to any local governmental land use entitlement approval requirements and to Division 13 (commencing with

Section 21000) of the Public Resources Code.

(2) If the sale, lease, exchange, sale in combination with an exchange, or transfer to a local government made pursuant to this

section is not made on an “as is” basis and is contingent on the satisfaction of a local governmental land use entitlement approval requirement or compliance by the local government with Division 13 (commencing with

Section 21000) of the Public Resources Code, the execution of a disposition agreement by all parties to the agreement shall be exempt from Division 13 (commencing with

Section 21000) of the Public Resources Code.

SEC. 21.

Section of the Government Code is amended to read: 11040. (

a) It is the intent of the Legislature that overall fiscal efficiency and economy in state government be enhanced by employment of the Attorney General as counsel for the representation of state agencies and employees in judicial and administrative adjudicative proceedings. The Legislature finds that it is in the best interests of the people of the State of California that the Attorney General be provided with the fiscal resources needed to develop and maintain the Attorney General’s capability to provide competent legal representation of state agencies and employees in any judicial or administrative adjudicative proceeding. (

b) As used in this article: (1) “In-house counsel” means an attorney authorized to practice law in the State of California who is a state employee, including an excluded or exempt employee, other than an employee of the Office of the Attorney General. (2) “Outside counsel” means an attorney authorized to practice law in the State of California who is not a state employee, including an excluded or exempt employee. (

c) Except with respect to employment by the state officers and agencies specified by title or name in

Section 11041, when employing outside counsel for purposes described in subdivision (

e) of

Section 11043, or when specifically waived by statute other than

Section 11041, a state agency shall obtain the written consent of the Attorney General before doing either of the following:

(1) Employing in-house counsel to represent a state agency or employee in any judicial or administrative adjudicative proceeding.

(2) Contracting with outside counsel. (

d) Except as limited by paragraph (1) of subdivision (c), a state agency may employ in-house counsel for any purpose. This subdivision shall apply retroactively to the employment of any in-house counsel by any state agency before the operative date of the act adding this subdivision. (

e) This

article does not prohibit a state agency from requesting legal representation or legal services from the Attorney General for any purpose. (

f) Consistent with subdivision (d), and except as may conflict with contrary authorization by statute, a state agency may employ in-house counsel for advice or other legal work related to bonds or other evidences of indebtedness, but shall engage the Attorney General, alone or with other counsel as may be authorized by statute, for the purpose of delivering any approving legal opinion on bonds or other evidences of indebtedness and advice related to the approving legal opinion. The Attorney General may waive the requirement under this subdivision.

SEC. 22.

Section of the Government Code is amended to read: 11041. (

a) Section does not apply to the office of the Governor, the Regents of the University of California, the Trustees of the California State University, Legal Division of the Department of Transportation, Division of Labor Standards Enforcement of the Department of Industrial Relations, Workers’ Compensation Appeals Board, Public Utilities Commission, State Compensation Insurance Fund, Legislative Counsel Bureau, Inheritance Tax Department, Secretary of State, State Lands Commission, Alcoholic Beverage Control Appeals Board (except when the board affirms the decision of the Department of Alcoholic Beverage Control), Department of Cannabis Control (except in proceedings in state or federal court), State Department of Education, Department of Financial Protection and Innovation, and Treasurer with respect to bonds, nor to any other state agency which, by law enacted after

Chapter of the Statutes of 1933, is authorized to employ legal counsel. (

b) The Trustees of the California State University shall pay the cost of employing legal counsel from their existing resources.

SEC. 23.

Section of the Government Code is amended to read: 11042. (

a) For purposes of promoting fiscal efficiency and economy, no state agency shall employ any in-house counsel to act on behalf of the state agency or its employees in any judicial or administrative adjudicative proceeding in which the agency is interested, or is a party as a result of office or official duties, or contract with outside counsel for any purpose, unless the agency has first obtained the written consent of the Attorney General pursuant to

Section 11040. (

b) The Attorney General may provide written consent for a state agency to employ in-house counsel to represent the agency or its employees in any judicial or administrative adjudicative proceeding in whatever manner the Attorney General deems most effective and consistent with the intent of this article. However, a state agency shall obtain written consent for the use of outside counsel for a matter or matters for which the outside counsel is to be engaged before the execution of each contract with the outside counsel for the matter or matters.

SEC. 24.

Section is added to the Government Code , to read: 11043. (

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

(1) The Attorney General performs separate functions in enforcing state laws, pursuant to

Section of

Article V of the California Constitution, and serving as counsel, whenever requested, for the representation of state agencies and employees in judicial and administrative adjudicative proceedings and other matters.

(2) When a state agency requests representation by the Attorney General, the Attorney General establishes an attorney-client relationship with a state agency that is limited to the specific matter or matters for which the state agency has requested representation.

(3) It is important to uphold the divided executive branch enacted by the California Constitution.

(4) The findings provided in this subdivision are declaratory of existing law, as demonstrated in People ex rel. Lockyer v. Superior Court (2004) 122 Cal.App.4th and People v. Superior Court (Barrett) (2000) 80 Cal.App.4th 1305. (

b) The Attorney General has no control over any state agency’s decisions or possession, custody, or control over any state agency’s documents or electronically stored information for purposes of criminal or civil discovery or any other purpose. (

c) Every state agency is a separate legal entity. Unless an agency is in actual possession of the relevant documents or electronically stored information, no state agency has possession, custody, or control over any other state agency’s documents or electronically stored information for purposes of criminal or civil discovery or the California Public Records Act (Division 10 (commencing with

Section 7920.000) of Title 1). Service of a summons, complaint, or subpoena on one state agency is not lawful service on any other state agency, unless the state agency served has been authorized to accept service on behalf of the other state agency. (

d) When the Attorney General institutes or defends an action in their independent capacity on behalf of the State of California or the people of the State of California, the Attorney General acts in the public interest of the State of California and its residents and not as the legal representative or attorney of any state entity, including entities within the executive, legislative, or judicial branches. State agencies are not parties to an action described in this subdivision, unless they are specifically named as a party, and the documents or electronically stored information of state agencies are not in the possession, custody, or control of the Attorney General. (e)

(1) Section does not apply for purposes of representation of a state agency related to civil discovery, whether sought as party or third-party discovery, in any action brought by the Attorney General in their independent capacity on behalf of the people of the State of California or the State of California.

(2) Nothing in paragraph (1) shall prohibit a state agency from requesting representation from the Attorney General in a proceeding otherwise subject to paragraph (1). (

f) It is the intent of the Legislature that this

section be interpreted broadly to include any action filed by the Attorney General, whether filed in federal court or state court, to enforce state laws or defend the interests of the people of the State of California or the State of California where the Attorney General has not been requested to act as counsel for that state agency.

SEC.

Section 12012.85 of the Government Code is amended to read: 12012.85. There is hereby created in the State Treasury a fund called the “Indian Gaming Special Distribution Fund” for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of tribal-state gaming compacts. These moneys shall be available for appropriation by the Legislature for the following purposes: (

a) Grants, including any administrative costs, for programs designed to address gambling addiction. (

b) Compensation for regulatory costs incurred by the state gaming agency and the Department of Justice in connection with the implementation and administration of tribal-state gaming compacts and class III gaming secretarial procedures. (

c) Payment of shortfalls that may occur in the Indian Gaming Revenue Sharing Trust Fund. This shall be the priority use of moneys in the Indian Gaming Special Distribution Fund. (

d) Disbursements for the purpose of implementing the terms of tribal labor relations ordinances promulgated in accordance with the terms of tribal-state gaming compacts ratified pursuant to

Chapter of the Statutes of 1999. No more than percent of the funds appropriated in the Budget Act of for implementation of tribal labor relations ordinances promulgated in accordance with those compacts shall be expended in the selection of the Tribal Labor Panel. The Department of Human Resources shall consult with and seek input from the parties prior to any expenditure for purposes of selecting the Tribal Labor Panel. Other than the cost of selecting the Tribal Labor Panel, there shall be no further disbursements until the Tribal Labor Panel, which is selected by mutual agreement of the parties, is in place.

SEC.

Section 12100.63 of the Government Code is amended to read: 12100.63. (

a) The California Small Business Technical Assistance Program is hereby created within the California Office of the Small Business Advocate. (

b) The program shall be under the direct authority of the Small Business Advocate. (

c) The purpose of the program is to assist small businesses through free or low-cost one-on-one consulting and low-cost training by entering into grant agreements with one or more small business technical assistance centers. (

d) In implementing the program, the office shall consult with local, regional, federal, and other state public and private entities that share a similar mission to support the needs of small businesses in California. (

e) An applicant pursuant to this

article shall be a small business technical assistance center, including a regional or statewide network, operating as a group or as an individual center.

(1) A small business technical assistance center operating as a group consisting of centers organized under a coordinating administrative or fiscal entity shall apply by submitting a single consolidated application to the office.

(2) A small business technical assistance center operating as an individual center shall apply by submitting a single application for that center to the office. (

f) The office shall administer the program to provide grants to expand the capacity of small business development technical assistance centers in California, administered by and primarily funded by federal agencies, but shall also include other nonprofit small business technical assistance centers, that provide one-on-one confidential consulting and training to small businesses and entrepreneurs in this state. Except as modified by subdivision (l), an applicant shall be eligible to participate in the program if the office determines that the applicant meets all of the following criteria:

(1) At the time of applying for funds, the applicant has an active contract with a federal funding partner to administer a program in this state, or has received a letter of intent from a federal funding partner to administer a federal small business technical assistance center program in this state within the next fiscal year. Alternatively, if the applicant is not a federally contracted small business technical assistance center, the applicant shall document a private funding source with similar intent and meet the criteria defined in subdivision (

s) of

Section 12100.62. (2) (

A) The applicant provided a plan of action and commitment to fully draw down all of the federal funds available using local cash match and state funds not described in

Section 12100.65 during the duration of the award period. Alternatively, if the applicant is not a federally contracted small business technical assistance center, the applicant shall present a plan of action for drawing down any match required by those private funding sources using local cash match outside of state funds not described in

Section 12100.65 during the award period. The office may request that the applicant provide details relating to the source and amount of these nonstate local match funds. (

B) If the applicant is a new small business technical assistance center, the applicant has demonstrated the ability to fully draw down substantially all federal or private funds available to it.

(3) The requested funding amount does not exceed the total federal award specified in the contract with the federal funding partner contract, or the private funding sources specified, but in any event is no less than twenty-five thousand dollars ($25,000).

(4) The applicant seeks funding for one or more years, but no more than five years in duration.

(5) The grant agreements authorized by this

article are not subject to the model contract provisions developed pursuant to

Chapter 14.27 (commencing with

Section 67325) of Part of Division of Title of the Education Code.

(6) The applicant has a fiscal agent that is able to receive nonfederal funds. (

g) The office shall issue a request for proposal for grants under the program, which may contain the following information:

(1) The eligibility requirements described in subdivision (e).

(2) The available funding range.

(3) Funding instruments.

(4) The local cash match requirement described in subdivision (f).

(5) Operational capacity.

(6) The duration of the program.

(7) The start date of the program.

(8) Narrative requirements.

(9) Reporting requirements.

(10) Required attachments.

(11) Submission requirements.

(12) Application evaluation criteria.

(13) An announcement of an awards timeline. (h)

(1) The office shall evaluate applications received based on the following factors: (

A) The proposed use of the requested funding, including the specificity, measurability, and ability of the applicant to document and achieve the goals and objectives identified in its application. (

B) The proposed management strategy of the applicant to achieve its goals and objectives identified in its application. (

C) The applicant’s ability to complement and leverage the work of other local, state, federal, nonprofit, or private business technical assistance resource providers. (

D) The applicant’s historical performance with federal funding partner contracts or private funding sources and the strength of its fiscal controls.

(2) The office shall prioritize funding for applications that best meet the factors listed in paragraph (1) and give preference to applications that propose new or enhanced services to underserved business groups, including women, minority, and veteran-owned businesses, and businesses in low-wealth, rural, and disaster-impacted communities included in a state or federal emergency declaration or proclamation. (

i) State funds provided pursuant to the program shall be used to expand consulting and training services through existing and new centers, including satellite offices. State funds provided pursuant to the program shall not supplant nonstate local cash match dollars included in a federal small business technical assistance center’s plan described in subparagraph (

A) of paragraph (2) of subdivision (

f) or in any nonfederal small business technical assistance center’s plan. (

j) Subject to appropriation of necessary funds by the Legislature, a supplemental grant program designated as the California Dream Fund Program shall be established by the office to provide microgrants as described in this subdivision. The microgrants shall be disbursed through California Small Business Technical Assistance Program grantees.

California Small Business Technical Assistance Program applicants, as prescribed by the office, may also request state funds designated as the California Dream Fund Program moneys to provide microgrants up to ten thousand dollars ($10,000) to seed entrepreneurship and small business creation in underserved small business groups that are facing capital and opportunity gaps. These microgrants shall be made available to startup clients participating in intensive startup training and consulting with the center networks. (

k) For purposes of implementing the California Dream Fund Program, a person or entity shall not seek information that is unnecessary to determine eligibility, including whether the individual is undocumented. Information that may be collected from individuals participating in the California Dream Fund Program shall not constitute a record subject to disclosure under Division 10 (commencing with

Section 7920.000) of Title 1. ( l )

(1) If an applicant’s federal contract was canceled, frozen, or rescinded in the 2024–25 fiscal year, then for grants made in fiscal years 2025–26 to 2027–28, inclusive, the requirements in subdivision (

f) are modified, as follows: (

A) The applicant may use its 2023–24 federal fiscal year contract to meet the requirement described in paragraph (1) of subdivision (

f) to have an active contract with a federal funding partner to administer a program in this state. (

B) The requirement described in paragraph (2) of subdivision (

f) shall be waived if the applicant meets all of the following criteria: (

i) The applicant received an award pursuant to this

chapter as a federal small business technical assistance center during the 2022–23, 2023–24, and 2024–25 funding rounds. (ii) The office determines that the applicant successfully implemented their awarded contracts in and 2024. (

C) An applicant may use the total contract award amount in its 2023–24 federal fiscal year contract to meet the requirement described in paragraph (3) of subdivision (

f) that the requested funding amount made in a grant pursuant to this

chapter not exceed the total federal award specified in the contract with the federal funding partner contract.

(2) This subdivision shall not apply if the office determines that the contract was canceled, frozen, or rescinded based upon a finding and declaration of noncompliance.

(3) State funding adjustments authorized pursuant to this subdivision shall be temporary and limited.

(4) State funding provided pursuant to this subdivision may also be used for outreach efforts to ensure that small businesses, including those in underserved and rural communities, are aware of, and can access, technical assistance services.

(5) The office shall review and confirm that the applicant continues to meet state performance standards and provides high-quality, equitable technical assistance services. The office shall report its findings and actions to the Legislature. A report to be submitted pursuant to this paragraph shall be submitted in compliance with

Section of the Government Code.

(6) This subdivision shall remain operative until June 30, 2029.

SEC. 27.

Section of the Government Code is amended to read: 63035. (

a) The bank shall, not later than January of each year, submit to the Strategic Growth Council, the Governor, the Speaker of the Assembly, the President pro Tempore of the Senate, the Legislature, the legislative budget subcommittees related to climate, and the Legislative Analyst’s Office, pursuant to

Section 9795, a report for the preceding fiscal year ending on June containing information on the bank’s activities relating to the infrastructure bank fund and programs. The report shall include all of the following: (1) (

A) Information on the infrastructure bank fund, including, but not limited to, its present balance, moneys encumbered, moneys allocated, repayments, and other sources of revenues received during the fiscal year. (

B) Information on the impact of the activities funded by the infrastructure bank fund moneys, including, but not limited to, the number of jobs created and retained, the environmental impact that resulted, and economic value provided to the state.

(2) A specification of conduit and revenue bonds sold and interest rates thereon, including, but not limited to, the use of the bond proceeds.

(3) The amount of other public and private funds leveraged by the assistance provided.

(4) A report of revenues and expenditures for the preceding fiscal year, including all of the bank’s costs. The information provided pursuant to this subdivision shall include, but need not be limited to, both of the following: (

A) The amount and source of total bank revenues. Revenues shall be shown by main categories of revenues, including the General Fund, special funds, federal funds, interest earnings, fees collected, and bond proceeds, for each bank program. (

B) The amount and type of total bank expenditures. Expenditures shall be shown by major categories of expenditures, including loans provided, debt service payments, and program support costs, for each bank program.

(5) A projection of the bank’s needs and requirements for the coming year.

(6) Recommendations for changes in state and federal law necessary to meet the objectives of this division.

(7) The contents of the report prepared by the program manager of the California Small Business Finance Center consistent with the requirements of

Section 63089.98.

(8) The contents of the report containing Climate Catalyst Revolving Fund Program activity consistent with the requirements of

Section 63048.94. (

b) The executive director shall post the report on the bank’s internet website. (

c) The bank shall provide written notification to the Joint Legislative Budget Committee when federal funds are fully recycled into state dollars before committing to any additional financing projects.

SEC. 28. The heading of

Article 6.7 (commencing with

Section 63048.91) of

Chapter of Division of Title 6.7 of the Government Code is amended to read: 6.7. Climate Catalyst Revolving Fund Act of

SEC.

Section 63048.91 of the Government Code is amended to read: 63048.91. (

a) This

chapter shall be known, and may be cited, as the Climate Catalyst Revolving Fund Act of 2020. (

b) Notwithstanding any other provision of this division, this

article does not apply to any other activities, powers, and duties of the Infrastructure and Economic Development Bank under this division. (

c) The bank shall administer the Climate Catalyst Revolving Fund to provide financial assistance for climate catalyst projects, as defined in subdivision (

b) of

Section 63048.92. (

d) Financial assistance for climate catalyst projects through the Climate Catalyst Revolving Fund Program shall be provided at low-interest rates and at low-cost as determined by the bank, to support the projects directly and to attract additional third-party capital.

SEC.

Section 63048.92 of the Government Code is amended to read: 63048.92. The

definitions contained in this

section are in addition to the

definitions contained in

Section and together with the

definitions contained in that

section shall govern the construction of this article, unless the context requires otherwise: (a) “Bank” means the Infrastructure and Economic Development Bank. (b) “Climate catalyst project” means any building, structure, equipment, infrastructure, or other improvement within California, or financing the general needs, including working capital, of any sponsor or participating party for operations or activities within California that are consistent with, and intended to, further California’s climate goals, activities that reduce climate risk, and the implementation of low-carbon technology and infrastructure. (c) “Climate Catalyst Revolving Fund” means revolving funds by that name created under, and administered pursuant to, this

article to provide financial assistance for climate catalyst projects. (d) “Climate Catalyst Revolving Fund Program” means the program of that name to administer the Climate Catalyst Revolving Fund and to provide financial assistance for climate catalyst projects, to be administered by the bank pursuant to this

article and criteria, priorities, and guidelines to be adopted by the bank board. (e) “Climate catalyst financing plan” means a report by the bank for one of the categories of climate catalyst projects identified in subdivision (

f) of

Section 63048.93, identifying potential subcategories and eligibility criteria of climate catalyst projects that may receive financial assistance under this

article and within that category. Each climate catalyst financing plan shall be based on the bank’s direct consultation with the consulting agencies for that category identified in subdivision (

f) of

Section 63048.93. (f) “Consulting agencies” means the state agencies set forth in subdivision (

f) of

Section 63048.93 and any additional state agencies identified pursuant to subdivision (

g) of

Section 63048.93. (g) “Disadvantaged” when used in conjunction with a participating party recipient or potential recipient of financial assistance means a participating party that is economically disadvantaged, or is operating in a community characterized by socioeconomic indicators that may include, but are not limited to, low- to -moderate income, poverty rates, unemployment, educational attainment, and other disadvantaging factors that limit access to capital and other resources. (h) “Sponsor” and “participating party” shall mean the same as defined in

Section 63010, but also include federally recognized Native American tribes and tribal business enterprises located in California.

SEC.

Section 63048.93 of the Government Code is amended to read: 63048.93. (

a) The bank is hereby authorized and empowered to provide financial assistance under the Climate Catalyst Revolving Fund Program to any eligible sponsor or participating party either directly or to a lending or financial institution, in connection with the financing or refinancing of a climate catalyst project, in accordance with an agreement or agreements, between the bank and the sponsor or participating party, including, but not limited to, tribes, either as a sole lender or in participation or syndication with other lenders. (

b) Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title does not apply to any climate catalyst financing plan or any criteria, priorities, and guidelines adopted by the bank in connection with the Climate Catalyst Revolving Fund Program or any other program of the bank. However, any climate catalyst financing plan shall be posted on the bank’s internet website in a conspicuous location at least calendar days before a bank board meeting at which the climate catalyst financing plan will be considered for approval. (c)

(1) Repayments of financing made under the Climate Catalyst Revolving Fund Program shall be deposited into the appropriate account created within the Climate Catalyst Revolving Fund.

(2) The bank shall establish a separate account for each category of climate catalyst projects identified by each paragraph of subdivision (f). For purposes of paragraph (3) of subdivision (f), the Clean Energy Transmission Financing Account is hereby created in the Climate Catalyst Revolving Fund. (d) (1) (

A) The bank shall meet and confer with the appropriate consulting agencies for each category of climate catalyst projects identified in subdivision (f). Thereafter, the bank board shall adopt, by majority vote of the bank board, a climate catalyst financing plan for each category of climate catalyst projects identified in subdivision (f). Before the bank board meeting in which the bank board will first consider adoption of a financing plan, each consulting agency shall submit a letter to the bank board discussing any areas of support and any areas of disagreement with the financing plan under consideration. (

B) Adoption of a climate catalyst financing plan by the bank board shall authorize the bank to provide financial assistance and to use all financing authorities provided under this division in its implementation of the climate catalyst financing plan.

(2) Following bank board approval, the climate catalyst financing plan shall be posted on the bank’s internet website.

(3) A climate catalyst financing plan shall not be in effect until approved by the bank board. (e)

(1) A climate catalyst financing plan shall remain in effect until superseded by a revised climate catalyst financing plan or repealed by the bank. Commencing the first fiscal year following adoption of an initial climate catalyst financing plan, and in each fiscal year thereafter, the bank shall cont