BILL NUMBER: AB 1700 CHAPTERED 10/12/03 CHAPTER 869 FILED WITH SECRETARY OF STATE OCTOBER 12, 2003 APPROVED BY GOVERNOR OCTOBER 12, 2003 PASSED THE ASSEMBLY SEPTEMBER 11, 2003 PASSED THE SENATE SEPTEMBER 4, 2003 AMENDED IN SENATE SEPTEMBER 2, 2003 AMENDED IN SENATE AUGUST 18, 2003 AMENDED IN SENATE JULY 16, 2003 AMENDED IN SENATE JULY 3, 2003 INTRODUCED BY Assembly Members Laird and Wiggins FEBRUARY 25, 2003 An act to add Section 25353.5 to the Health and Safety Code, and to add Section 13177.7 to the Water Code, relating to hazardous substances, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 1700, Laird. Military base remediation: funding: federal grants. Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, imposes liability for hazardous substance removal or remedial actions and requires the Department of Toxic Substances Control to adopt, by regulation, criteria for the selection and for the priority ranking of hazardous substance release sites for removal or remedial action under the act. The act authorizes the department to expend the funds in the Toxic Substances Control Account in the General Fund, upon appropriation by the Legislature, to pay for, among other things, removal and remedial actions related to the release of hazardous substances. Existing law generally requires the Controller to abolish any state position that is vacant for 6 consecutive months on the following July 1. This bill would prohibit the Controller and the Director of Finance from eliminating any direct or indirect position funded through an agreement with a responsible party, that provides oversight associated with remediation and hazardous substance management at military bases, including closed military bases; or eliminating any direct or indirect position that is funded by a federal grant that does not require a state match funded from the General Fund. The bill would also prohibit the Controller and the Department of Finance from imposing any hiring freeze or personal services limitations, including any position reductions, upon any direct or indirect position of the department funded in those manners, and would require the Controller and the Department of Finance to exclude, from the department's base for purposes of calculating any budget or position reductions required by any state agency or state law, the specific amounts and direct or indirect positions that are funded in those manners. The bill would also prohibit the Controller and the Department of Finance from requiring the department to reduce authorized positions or other appropriations for other department programs, including personal services, to implement those prohibitions and requirements. The bill would require the Controller, upon request of the department, and upon review and approval by the Department of Finance, to augment any Budget Act appropriations, except for appropriations from the General Fund, necessary to implement these provisions. The bill would provide that these provisions do not apply to any department appropriation or expenditure of General Fund moneys. The bill would also impose similar restrictions and requirements upon the Controller and the Department of Finance with regard to any direct or indirect position of the State Water Resources Control Board funded through an agreement with a state agency for which no General Fund moneys are spent to fund the position or a responsible party, related to oversight associated with remediation at military bases, including closed military bases; or any direct or indirect position funded by a federal grant that does not require a state match funded from the General Fund. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25353.5 is added to the Health and Safety Code, to read: 25353.5. (a) (1) Notwithstanding Section 12439 of the Government Code, the Controller may not eliminate any direct or indirect position that provides oversight and related support of remediation and hazardous substance management at a military base, including a closed military base, that is funded through an agreement with a party responsible for paying the department's costs, and may not eliminate any direct or indirect position that is funded by a federal grant that does not require a state match funded from the General Fund. (2) Notwithstanding any other provision of law, including Section 4.10 of the Budget Act of 2003, for the 2003-04 and 2004-05 fiscal years, the Director of Finance may not eliminate any direct or indirect position that provides oversight and related support of remediation and hazardous substance management at a military base, including a closed military base, that is funded through an agreement with a party responsible for paying the department's costs, and may not eliminate any direct or indirect position that is funded by a federal grant that does not require a state match funded from the General Fund. (b) Neither the Controller nor the Department of Finance may impose any hiring freeze or personal services limitations, including any position reductions, upon any direct or indirect position of the department that provides oversight and related support of remediation and hazardous substance management at a military base, including a closed military base, that is funded through an agreement with a party responsible for paying the department's costs, or on any direct or indirect position that is funded by a federal grant that does not require a state match funded from the General Fund. (c) The Controller and Department of Finance shall exclude, from the department's base for purposes of calculating any budget or position reductions required by any state agency or any state law, the specific amounts and direct or indirect positions that provide oversight and related support of remediation and hazardous substance management at a military base, including a closed military base, that are funded through an agreement with a party responsible for paying the department's costs, and shall exclude the specific amounts and any direct or indirect positions that are funded by a federal grant that does not require a state match funded from the General Fund. (d) Notwithstanding any other provision of law, neither the Controller nor the Department of Finance may require the department to reduce authorized positions or other appropriations for other department programs, including personal services, to replace the reductions precluded by subdivisions (a), (b), and (c). (e) Notwithstanding any other provision of law, upon the request of the department, and upon review and approval by the Department of Finance, the Controller shall augment any Budget Act appropriations, except for appropriations from the General Fund, necessary to implement this section. (f) (1) This section does not apply to any department appropriation or expenditure of General Fund moneys. (2) This section does not limit the authority of the Department of Finance to eliminate a position when funding for the position, through an agreement with a party or by a federal grant, is no longer available. SEC. 2. Section 13177.7 is added to the Water Code, to read: 13177.7. (a) (1) Notwithstanding Section 12439 of the Government Code, the Controller may not eliminate any direct or indirect position that provides oversight and related support of remediation at a military base, including a closed military base, that is funded without General Fund moneys through an agreement with a state agency, or that is funded through an agreement with a party responsible for paying the state board's costs, and may not eliminate any direct or indirect position that is funded by a federal grant that does not require a state match funded from the General Fund. (2) An agreement with a state agency subject to this section may not require the use of a state matching fund from the General Fund by that agency. (3) Notwithstanding any other provision of law, including Section 4.10 of the Budget Act of 2003, the Director of Finance may not eliminate any direct or indirect position that provides oversight and related support of remediation at a military base, including a closed military base, that is funded through an agreement with a state agency or party responsible for paying the state board's costs, and may not eliminate any direct or indirect position that is funded by a federal grant that does not require a state match funded from the General Fund. (b) Neither the Controller nor the Department of Finance may impose any hiring freeze or personal services limitations, including any position reductions, upon any direct or indirect position of the state board that provides oversight and related support of remediation at a military base, including a closed military base, that is funded through an agreement with a state agency or party responsible for paying the state board's costs, or on any direct or indirect position that is funded by a federal grant that does not require a state match funded from the General Fund. (c) The Controller and the Department of Finance shall exclude, from the state board's base for purposes of calculating any budget or position reductions required by any state agency or any state law, the specific amounts and direct or indirect positions that provide oversight and related support of remediation at a military base, including a closed military base, that are funded through an agreement with a state agency or party responsible for paying the state board's costs, and shall exclude the specific amounts and any direct or indirect positions that are funded by a federal grant that does not require a state match funded from the General Fund. (d) Notwithstanding any other provision of law, neither the Controller nor the Department of Finance may require the state board to reduce authorized positions or other appropriations for other state board programs, including personal services, to replace the reductions precluded by subdivisions (a), (b), and (c). (e) Notwithstanding any other provision of law, upon the request of the state board, and upon review and approval of the Department of Finance, the Controller shall augment any Budget Act appropriations, except for appropriations from the General Fund, necessary to implement this section. (f) (1) This section does not apply to any state board appropriation or expenditure of General Fund moneys. (2) This section does not limit the authority of the Department of Finance to eliminate a position when funding for the position, through an agreement with a party or by a federal grant, is no longer available.