Amended  IN  Senate  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 934

Introduced by Senator Allen

January 25, 2018

An act to amend Section 13399 of the Water Code, relating to water quality. An act to add Title 10.2 (commencing with Section 14130) to Part 4 of the Penal Code, relating to criminal justice.


LEGISLATIVE COUNSEL'S DIGEST


SB 934, as amended, Allen. Water quality: minor violations. Criminal justice: California Violence Intervention and Prevention Grant Program.
Existing law establishes the Board of State and Community Corrections. Existing law charges the board with providing the statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems.
This bill would create the California Violence Intervention and Prevention Grant Program to be administered by the board. The bill would require the board, if funds are appropriated by the Legislature, to award competitive grants, as specified, to cities and community organizations for the purpose of violence intervention and prevention, as specified. The bill would require the board to report to the Legislature on the effectiveness of the program.

The Porter-Cologne Water Quality Control Act authorizes the State Water Resources Control Board and the California regional water quality control boards to conduct inspections and utilize other enforcement measures for violations of specified law relating to water quality. The act requires the state board and the regional boards to determine the types of violations that are minor violations and requires the state board to implement the minor violation provisions through adoption of regulations or state policy for water quality control, as prescribed.

This bill would make nonsubstantive changes to the provision relating to minor violations.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Title 10.2 (commencing with Section 14130) is added to Part 4 of the Penal Code, to read:

TITLE 10.2. California Violence Intervention and Prevention Grant Program

14130.
 (a) The California Violence Intervention and Prevention Grant Program (CalVIP) is hereby created and shall be administered by the Board of State and Community Corrections.
(b) The board shall issue grants pursuant to this section if funds are allocated by the Legislature for that purpose.
(c) (1) The board shall allocate CalVIP funds to cities and community-based organizations on a competitive basis.
(2) Grants shall be used to implement, enhance, and replicate effective, evidence-based violence intervention and prevention programs in communities that are disproportionately impacted by violence.
(3) Cities or community-based organizations may apply for grants individually or apply jointly with other cities or other community-based organizations.
(d) An applicant for a CalVIP grant shall submit a proposal, in a form prescribed by the board, which shall include, but not be limited to, the following:
(1) Clearly defined and measurable objectives for the grant.
(2) A statement describing the manner in which the applicant proposes to use the grant to implement or augment an evidence-based violence intervention or prevention program in accordance with this section, and the manner in which the grant will enhance coordination of existing violence prevention and intervention programs and minimize duplication of services.
(3) Evidence that the grant would likely reduce rates of homicides, shootings, and community violence.
(e) In awarding CalVIP grants, the board shall give preference to applicants that meet the following criteria:
(1) Serve communities with exceptionally high rates of homicides, shootings, and community violence.
(2) Propose to utilize CalVIP funds primarily to support evidence-based violence prevention and intervention programs, initiatives, or strategies that have the greatest likelihood of reducing violence.
(3) Propose to utilize CalVIP funds for programs that focus on reducing violence among individuals identified as having the highest risk if perpetrating or being victimized by violence.
(f) Each grantee shall provide a cash or in-kind match equivalent to 50 percent of the grant awarded under this section. The board may waive this requirement for good cause.
(g) Each city that receives a grant under this section shall collaborate and coordinate with area jurisdictions and agencies, including the existing county juvenile justice coordinating council, with the goal of reducing violence in the city and adjacent areas. Each municipal grantee shall also establish a coordinating and advisory council to prioritize the use of the funds. Membership shall include city officials, representatives of local law enforcement agencies, educational agencies, and community-based organizations, and local residents.
(h) Each city that receives a grant under this section shall, pursuant to the city’s application, distribute no less than 50 percent of the CalVIP funds received to either or both of the following:
(1) One or more community-based organizations.
(2) A public agency or department that is not a law enforcement agency but is primarily dedicated to violence prevention.
(i) Each grantee shall report to the board, in a form and at intervals prescribed by the board, their progress in achieving the grant objectives.
(j) The board shall, by no later than March 1 of each year following a year in which grant money was allocated by the Legislature and awarded pursuant to this section, prepare and submit a report to the Legislature in compliance with Section 9795 of the Government Code, analyzing the overall effectiveness of the California Violence Intervention and Prevention Grant Program.

SECTION 1.Section 13399 of the Water Code is amended to read:
13399.

(a)The Legislature hereby finds and declares that the purpose of this chapter is to establish an enforcement policy for violations of this division that the enforcement agency finds are minor when the danger they pose to, or the potential that they have for endangering, human health, safety, or welfare or the environment are taken into account.

(b)It is the intent of the Legislature in enacting this chapter to provide a more resource-efficient enforcement mechanism, faster compliance times, and the creation of a productive and cooperative working relationship between the state board, the regional boards, and the regulated community while maintaining protection of human health and safety and the environment.

(c)This chapter applies solely to the actions of the state board and the regional boards in administering this division and has no application to the administrative enforcement actions of other public agencies.

(d)The state board and each regional board shall implement this chapter by determining the types of violations of this division, or of the regulations, rules, standards, orders, permit conditions, or other requirements adopted pursuant to this division, that the state board or the regional board finds are minor violations in accordance with subdivisions (e) and (f). The state board shall implement this chapter through adoption of regulations or state policy for water quality control pursuant to Article 3 (commencing with Section 13140) of Chapter 3.

(e)In determining the types of violations that are minor violations, the state board or regional board shall consider all of the following factors:

(1)The magnitude of the violation.

(2)The scope of the violation.

(3)The severity of the violation.

(4)The degree to which a violation puts human health, safety, or welfare or the environment into jeopardy.

(5)The degree to which a violation could contribute to the failure to accomplish an important goal or program objective as established by this division.

(6)The degree to which a violation may make it difficult to determine if the violator is in compliance with other requirements of this division.

(f)For purposes of this chapter, a minor violation of this division shall not include any of the following:

(1)A knowing, willful, or intentional violation of this division.

(2)A violation of this division that enables the violator to benefit economically from noncompliance, either by realizing reduced costs or by gaining a competitive advantage.

(3)A violation that is a chronic violation or that is committed by a recalcitrant violator.

(g)In determining whether a violation is chronic or a violator is recalcitrant, for purposes of paragraph (3) of subdivision (f), the state board or regional board shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to the requirements of this division or the requirements adopted pursuant to this division.