Official Summary Text
SB 832, as amended, Allen.
State government.
Upper Los Angeles River and Tributaries Working Group: membership: revitalization plan.
Existing law establishes the Santa Monica Mountains Conservancy and prescribes the membership, functions, and duties of the conservancy regarding the acquisition, preservation, and improvement of real property within the Santa Monica Mountains Zone, as defined. Existing law establishes within the conservancy the Upper Los Angeles River and Tributaries Working Group with designated membership of no more than 23 appointed representatives. Existing law requires the working group to develop, through watershed-based planning methods and community engagement, a revitalization plan for the Upper Los Angeles River, the tributaries of the Pacoima Wash, Tujunga Wash, and Verdugo Wash, the Arroyo Seco, and any additional tributary waterway that the working group determines to be necessary. Existing law requires the
working group to submit the revitalization plan to the conservancy for adoption, and requires the conservancy to submit a copy of the revitalization plan to the Assembly Committee on Water, Parks, and Wildlife and the Senate Committee on Natural Resources and Water, as specified.
This bill would add an additional member to the working group, for a total of no more than 24 appointed representatives. The bill would require one of the representatives appointed to the working group to represent the city council district within the City of Los Angeles with the greatest number of Upper Los Angeles River miles. The bill would require the working group to meet at least once each year to evaluate and report on implementation of the revitalization plan to the conservancy, and propose amendments to the revitalization plan to the conservancy for adoption. The bill would require an amendment to the revitalization plan adopted by the conservancy to be submitted to the Assembly
Committee on Water, Parks, and Wildlife and the Senate Committee on Natural Resources and Water, as provided.
(1)
Existing law establishes that, notwithstanding any other law, a claim for damages based upon childhood sexual assault that occurred on or before December 31, 2023, may be commenced only pursuant to the applicable statute of limitations set forth in existing law as it read on December 31, 2023, which provided that, for an action for recovery of damages suffered as a result of childhood sexual assault, the time for commencement of the action was 22 years from the date on which the plaintiff attains the age of majority or within 5 years of the date on which the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later.
This bill would require, if the claim, including those that have been filed but have not yet been heard at trial, alleges that the act of childhood sexual assault occurred before January 1, 2006, that the claim be supported by clear and convincing corroborating evidence, other than the plaintiff’s testimony. The bill would advance the date specified in the previous provision by one year in each subsequent year.
(2)
Existing law, the California School Finance Authority Act, authorizes a participating party, as defined, in connection with securing financing or refinancing of a project, or working capital, as defined, to elect to provide for funding payments of bonds issued by the California School Finance Authority and related obligations by electing to participate in a state or local intercept, or
both, by an action of its governing board. Existing law requires the Controller, the county treasurer, or other appropriate county fiscal officer, as applicable, upon receipt of written notice provided by the participating party, to make an apportionment or revenue transfer from specified moneys designated for apportionment to the participating party.
This bill would provide a similar authorization to a participating party, as defined, in connection with securing financing, refinancing, or refunding of a public debt obligation, as defined, to elect to provide for funding payments of the public debt obligation by electing to participate in a state or local intercept, or both, by an action of its governing board. The bill would require the Controller, the county treasurer, or other appropriate county fiscal officer, as applicable, upon receipt of written notice provided by the participating party, to make an apportionment or revenue transfer from specified moneys
designated for apportionment to the participating party, as provided. The bill would authorize, and not require, a county to participate in local intercepts under these provisions. The bill would require a participating party to certify the payment schedule, as specified. By expanding the crime of perjury, this bill would impose a state-mandated local program.
(3)
Existing law authorizes the governing board of a school district that determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations to request an emergency apportionment through the Superintendent of Public Instruction, subject to specified requirements. Existing law prescribes the financing conditions on emergency apportionments, including a requirement for a school district to develop a schedule to repay the emergency loan, which the county superintendent of schools is required to review, comment on, and submit
to the Superintendent for approval.
Existing law authorizes emergency apportionments to be provided through an interim loan from the General Fund and lease financing to be made available by the California Infrastructure and Economic Development Bank, which is authorized to issue bonds for purposes of the emergency apportionments and related costs. Existing law prohibits the term of the lease from exceeding 20 years, except as specified. Existing law authorizes, as an alternative to lease financing, emergency apportionments to be provided from the General Fund. Existing law requires the emergency apportionment to be repaid within 20 years.
This bill would require the school district to consult the county superintendent of schools and the County Office Fiscal Crisis and Management Assistance Team in developing the repayment schedule and would require the county superintendent of schools to submit the repayment schedule to the
Department of Finance, instead of the Superintendent, for approval. The bill would extend the maximum term of a lease or for repayment of an emergency apportionment to 30 years. The bill would require the determination of the term to be made by the Department of Finance, in consultation with the school district, the county superintendent of schools, the Superintendent, and the County Office Fiscal Crisis and Management Assistance Team and would require the determination to take into consideration specified factors. To the extent the bill imposes new duties on county superintendents of schools, the bill would impose a state-mandated local program.
(4)
Existing law authorizes the governing board of a local taxing entity to deem it necessary for the local taxing entity to incur a bonded indebtedness to fund all or any portion of an
outstanding judgment against the entity by adoption of a resolution that includes, among other things, the date of the special election of the local taxing entity that a proposition on the matter shall be submitted to the voters. If
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or more of the votes cast upon the proposition at the election are in favor of incurring the bonded indebtedness, the board may issue the bonds at the time or times it deems proper and may sell the bonds at the times or in the manner the board deems to be to the public interest. Existing law authorizes a public agency to bring an action to determine the validity of bonds pursuant to specified procedures. Existing law establishes that, for purposes of those procedures, bonds shall be deemed to be in existence upon their authorization and authorized as of the date of adoption by the governing body of the public agency of a resolution or ordinance authorizing their issuance.
This bill would authorize a local public entity to initiate an action to determine the validity of those bonds before a judgment in a tort action against the local taxing entity necessitating the bonded indebtedness has been entered and endow bonds to fund all or any portion of an outstanding judgment against a local taxing entity with a rebuttable presumption of validity in an action described above.
(5)
Existing law specifies procedures for the payment of judgments against a public entity and authorizes the public entity to make an election to pay a judgment in periodic payments if the judgment on a tort claims action against a public entity that is not insured is greater than a specified amount. Existing law requires the judgment-debtor to pay, as specified, 50% immediately, and the other 50% over a period of time to be determined by the court, not to exceed 10 years or the length of the
judgment-creditor’s remaining life expectancy at the time the judgment is entered, whichever is less.
This bill would require the judgment-debtor to pay, as specified, 25% of the amount awarded as nonpunitive damages immediately, and the other 75% over a period of time determined by the court, not to exceed 20 years or the length of the judgment-debtor’s remaining life expectancy at the time the judgment is entered, whichever is less. The bill would also similarly revise other related provisions that specify the procedure for payment of a judgment if a public entity is a defendant in any action for personal injuries or wrongful death, awarded as nonpunitive damages that includes damages paid from a collateral source.
(6)
The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, with regard to certain mandates, no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.