BILL NUMBER: SB 77 CHAPTERED
BILL TEXT
CHAPTER 38
FILED WITH SECRETARY OF STATE JULY 11, 2005
APPROVED BY GOVERNOR JULY 11, 2005
PASSED THE SENATE JULY 7, 2005
PASSED THE ASSEMBLY JULY 7, 2005
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 14, 2005
An act making appropriations for the support of the government of
the State of California and for several public purposes in accordance
with the provisions of Section 12 of Article IV of the Constitution
of the State of California, and declaring the urgency thereof, to
take effect immediately.
Approved by Governor July 11, 2005. Filed with Secretary of
State July 11, 2005. I object to the following appropriations
contained in Senate Bill 77.
Item 0250-111-0001 --For transfer by the Controller to
the Trial Court Trust Fund. I reduce this item from $1,453,866,000 to
$1,386,566,000.
I am reducing this item by $57,500,000 as a one-time base veto of
a portion of the General Fund transfer to the Trial Court Trust Fund.
This veto decreases the reserve in the Trial Court Trust Fund from
$67,500,000 to $10,000,000, leaving a sufficient reserve in case
revenues fall short of expected levels. The Trial Court Trust Fund
does not need a large reserve since, pursuant to recent legislation,
its primary fund sources now receive a statutory annual adjustment
based on the increase in the State Appropriations Limit.
I am also reducing this item by $9,800,000. The Legislature
adopted Uniform Civil Filing Fees trailer bill language that would
bring in increased revenue of $14,750,000 in 2005-06 to the Trial
Court Trust Fund. Of this amount, $4,950,000 will be available as
additional expenditure authority to the Trial Court Trust Fund for
the facilities program and the remaining $9,800,000 will offset the
General Fund transfer. Since the Uniform Civil Filing Fee will not be
implemented until January 1, 2006 , the above amounts are for a
half-year only and will be annualized in 2006-07. As such, the
ongoing offset to the General Fund transfer will be $19,600,000.
Item 0520-001-9329 --For support of Secretary for
Business, Transportation and Housing. I delete this item.
I am deleting the $2,000,000 legislative augmentation that would
provide loans to chrome plating businesses. This augmentation is
associated with pending legislation and I am opposed to the
appropriation of funds for legislation that has not yet been approved
by the Legislature and the Administration.
Item 0540-001-0140 --For support of Secretary for
Resources. I revise this item by reducing:
(1) 10-Administration of Resources Agency from $8,378,000 to
$8,362,000,
and by deleting:
(5.5) Amount payable from the River Protection Subaccount (Item
0540-001-6015) (-$16,000).
I am revising this item to conform to the action I have taken in
Items 0540-490 and 0540-001-6015.
Item 0540-001-6015 --For support of Secretary for
Resources. I delete this item.
I am deleting this item to conform to the action I have taken in
Items 0540-490 and 0540-001-0140.
Item 0540-490 --Reappropriation, Secretary for
Resources. I revise this item as follows:
"Notwithstanding any other provision of law, the period to
liquidate encumbrances of the following citations are extended to
June 30, 2006 :
0001--General Fund
(1) Item 0540-101-0001, Budget Act of 1999 (Ch. 50, Stats. 1999)
(2) Item 0540-101-0001, Budget Act of 2000 (Ch. 52, Stats. 2000)
(3) Item 0540-101-0001, Budget Act of 2001 (Ch. 106, Stats. 2001)
0890--Federal Trust Fund
(1) Item 0540-001-0890, Budget Act of 2002 (Ch. 379, Stats. 2002)
6015--River Protection Subaccount
(1) Item 0540-101-6015, Budget Act of 2000 (Ch. 52,
Stats. 2000)
(a) Los Angeles River Parkways"
I am eliminating the availability of funding provided to the City
of Maywood for the Maywood Riverfront Park. Funds for this project
have been available since 2000 and the City has not yet purchased the
land as required by the grant agreement. Several obstacles remain,
making this purchase unlikely in the near future. Consequently, it
would not be prudent to continue earmarking these funds for the
Maywood project.
I am revising this item to conform to the action I have taken in
Items 0540-001-0140 and 0540-001-6015.
Item 0555-001-0044 --For support of Secretary for
Environmental Protection. I revise this item by reducing:
(1) 30-Support from $9,703,000 to $9,203,000, and
(11.5) Amount payable from the Public Interest Research,
Development and Demonstration Fund (Item 0555-001-0381) (-$500,000).
I am revising this item to conform to the action I have taken in
Item 0555-001-0381.
Item 0555-001-0381 --For support of Secretary for
Environmental Protection. I delete this item and Provision 1.
I am deleting the $500,000 legislative augmentation to support the
California Climate Action Registry. The work of the Registry is
important to accomplishing the goals of the state's greenhouse gas
reduction targets, but the Energy Commission already provided
$200,000 in 2004-05 for this purpose. Furthermore, I believe that
awards under the Public Interest Energy Research Program should be
funded through the existing competitive grant process.
I am deleting Provision 1 to conform to this action.
Item 0855-101-0367 --For local assistance, California
Gambling Control Commission. I reduce this item from $50,000,000 to
$30,000,000.
I am deleting the $20,000,000 legislative augmentation to provide
additional grant funds to mitigate the impacts of tribal gaming on
local government agencies. I am supportive of these mitigation
efforts and understand their importance, especially to areas with
significant concentrations of tribal casinos. Because local
government agencies have not provided required annual reports that
detail the specific projects funded in their jurisdictions in the
past two years, I do not have sufficient information to justify this
augmentation.
Item 0860-001-0001 --For support of the State Board of
Equalization. I reduce this item from $211,158,000 to $210,843,000
by reducing:
(1) 100000-Personal Services from $275,822,880 to $275,506,880;
(2) 300000-Operating Expenses and Equipment from $89,199,120 to
$89,030,120; and
(3) Reimbursements from -$104,504,000 to -$104,334,000.
I am deleting the $485,000 legislative augmentation for eight
Consumer Use Tax collection positions. My Budget proposed, and the
Legislature approved, seven new positions for this purpose. These
positions are adequate to address workload needs.
Item 1111-002-0239 --For support of the Bureau of
Security and Investigative Services. I reduce this item from
$7,241,000 to $6,958,000 by reducing:
(1) 25.10.010-Bureau of Security and Investigative Services,
Private Security Services Program from $9,695,000 to $9,412,000. I am
vetoing this legislative augmentation of $283,000 and 3.0 positions
for the Bureau of Security and Investigative Services. This
augmentation is not based on a justified programmatic need, but
rather was made because there is a growing fund reserve in the
Private Security Services Fund. The growing fund balance reflects a
need for the Bureau to reduce fees paid by registrants and is not a
reason to increase staffing.
Item 1730-001-0001 --For support of Franchise Tax
Board. I reduce this item from $508,091,000 to $506,865,000, by
reducing:
(1) 10-Tax Programs from $432,283,000 to $431,057,000,
and by deleting Provision 8.
I am deleting the $1,226,000 legislative augmentation that
provides 14 additional positions to establish a Misdemeanor Program
within the Franchise Tax Board. I am concerned that this program
might result in charges against persons who innocently failed to
recognize that they had taxable income. There is no indication that
local prosecutors would be willing to pursue these cases.
Consequently, the revenue projections associated with this
augmentation are questionable.
I am deleting Provision 8 of this item. The provisional language
would allow the Board to divert up to $200,000 that is appropriated
for activities designed to narrow the tax gap. Specifically, the
language would allow the Board to hire outside consultants to study
independent contractor withholding and tax compliance issues. I do
not believe that funds appropriated for the tax gap proposals should
be redirected for other purposes. Furthermore, the Board has studied
this issue in the past, and it concluded that California should not
take action on this issue unless the federal government takes similar
action.
Item 1760-001-0666 --For support of Department of
General Services. I reduce this item from $590,238,000 to
$584,086,000 by reducing:
(1) Program support from $802,572,000 to $796,420,000,
and by deleting Provision 12.
I am reducing $6,152,000 and 114.0 personnel years from the Office
of State Publishing (OSP) to realign expenditures and revenues. For
the last several years, the OSP has not generated sufficient revenues
to support its current operations.
I am deleting Provision 12, which would require the Department to
provide a report that could lead to disclosure of confidential or
proprietary information related to negotiated pharmaceutical
contracts. Since trailer bill language also requires the Department
to report on these contracts, and does so in a way that would not
jeopardize the confidentiality of the negotiated pricing, this
Provision is unnecessary.
Item 2150-001-0298 --For support of Department of
Financial Institutions. I reduce this item from $18,882,000 to
$18,881,000, by reducing:
(5) 60-Credit Unions from $3,827,000 to $3,826,000.
I am reducing this item by $1,000 to reflect the elimination of
the Credit Union Advisory Committee. This is consistent with my
commitment to eliminate unnecessary boards and commissions.
Item 2240-105-0001 --For transfer to the Emergency
Housing and Assistance Fund.
I am sustaining $864,000 General Fund for the Emergency Housing
Assistance Program in this item, on a one-time basis, to continue
shelter beds during a transition period while new beds are developed
under my proposal to create permanent housing with supportive
services for the chronically homeless.
Item 2660-022-0042 --For transfer by the Controller
from the State Highway Account, State Transportation Fund, to the
Environmental Enhancement and Mitigation Program Fund. I delete this
item.
I am deleting the $10,000,000 legislative augmentation for the
discretionary Environmental Enhancement and Mitigation Demonstration
Program that provides grants to local entities for highway
landscaping, urban forestry, the purchase of resource lands, and
roadside recreation such as the construction of hiking and biking
trails. While preserving open space is an extremely important
function in maintaining our environment, improving mobility and
increasing maintenance for our state highways is critical. This
augmentation is not the best use of scarce tr
LEGISLATIVE COUNSEL'S DIGEST
SB 77, Committee on Budget and Fiscal Review. 2005-06 Budget.
This bill would make appropriations for support of state
government for the 2005-06 fiscal year.
This bill would declare that it is to take effect immediately as
an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.00. This act shall be known and may be cited as the
"Budget Act of 2005."
SEC. 1.50. (a) In accordance with Section 13338 of the
Government Code, as added by Chapter 1284, Statutes of 1978, and as
amended by Chapter 1286, Statutes of 1984, it is the intent of the
Legislature that this act utilize a coding scheme compatible with the
Governor's Budget and the records of the Controller, and provide for
the
appropriation of federal funds received by the state and deposited in
the
State Treasury.
(b) Essentially, the format and style are as follows:
(1) Appropriation item numbers have a code which is common to all
the state's fiscal systems. The meaning of this common coded item
number is as follows:
2720--Organization Code (this code represents the California
Highway Patrol)
001--Reference Code (first appropriation for a particular fund for
support of each department)
0044--Fund Code (Motor Vehicle Account, State Transporation
Fund)
(2) Appropriation items are organized in organization code order
as
reflected in the Governor's Budget.
(3) All the appropriation items, reappropriation items, and
reversion
items, if any, for each department or entity are adjacent to one
another.
(4) Federal funds received by the state and deposited in the State
Treasury are appropriated in separate items.
(c) The Department of Finance may authorize revisions to the codes
used in this act in order to provide compatibility between the codes
used
in this act and those used in the Governor's Budget and in the
records of
the State Controller.
(d) Notwithstanding any other provision of this act, the
Department of
Finance may revise the schedule of any appropriation made in this act
where the revision is of a technical nature and is consistent with
legislative
intent. These revisions may include, but shall not be limited to, the
substitution of category for program or program for category
limitations,
the proper categorization of allocated administration costs and cost
recoveries, the distribution of any unallocated amounts within an
appropriation and the adjustment of schedules to facilitate
departmental
accounting operations, including the elimination of categories
providing for
amounts payable from other items or other appropriations and the
distribution of unscheduled amounts to programs or categories. These
revisions shall include a certification that the revisions comply
with the
intent and limitation of expenditures as appropriated by the
Legislature.
(e) Notwithstanding any other provision of this act, when the
Department of Finance, pursuant to subdivision (d), approves the
schedule or revision of any appropriation relating to the
elimination of
amounts payable, the language authorizing the transfer shall also be
eliminated.
SEC. 2.00. (a) The following sums of money and those appropriated
by any other sections of this act, or so much thereof as may be
necessary
unless otherwise provided herein, are hereby appropriated for the use
and support of the State of California for the 2005-06 fiscal year
beginning July 1, 2005, and ending June 30, 2006. All of these
appropriations, unless otherwise provided herein, shall be paid out
of the
General Fund in the State Treasury.
(b) Appropriations and reappropriations for capital outlay, unless
otherwise provided herein, shall be available for expenditure during
the
2005-06, 2006-07, and 2007-08 fiscal years, except that
appropriations
and reappropriations for studies, preliminary plans, working
drawings, or
minor capital outlay, except as provided herein, shall be available
for
expenditure only during the 2005-06 fiscal year. In addition, the
balance
of every appropriation or reappropriation made in this act that
contains
funding for construction that has not been allocated, through fund
transfer
or approval to proceed to bid, by the Department of Finance on or
before June 30, 2006, except as provided herein, shall revert as of
that
date to the fund from which the appropriation was made.
(c) Whenever by constitutional or statutory provision the revenues
or
receipts of any institution, department, board, bureau, commission,
officer, employee, or other agency, or any moneys in any special fund
created by law therefor, are to be used for salaries, support or any
proper purpose, expenditures shall be made therefrom for any such
purpose only to the extent of the amount therein appropriated, unless
otherwise stated herein.
(d) Appropriations for purposes not otherwise provided for herein
that have been heretofore made by any existing constitutional or
statutory
provision shall continue to be governed thereby.
LEGISLATIVE/JUDICIAL/EXECUTIVE
Legislative
0110-001-0001--For support of Senate . . . 97,371,000
Schedule:
(1) 101001-Salaries of Senators . . . 5,532,000
(2) 317295-Mileage . . . 10,000
(3) 317292-Expenses . . . 1,320,000
(4) 500004-Operating Expenses . . . 89,714,000
(5) 317296-Automotive Expenses . . . 795,000
Provisions:
1. The funds appropriated in Schedule (4) are for operating
expenses of
the Senate, including personal services for officers, clerks, and all
other
employees, and legislative committees thereof composed in whole or in
part of Members of the Senate, and for support of joint expenses of
the
Legislature, to be transferred by the Controller to the Senate
Operating
Fund.
2. The funds appropriated in Schedule (5) are for operating
expenses of
the Senate relating to the purchase, maintenance, repair, insurance,
and
other costs of operating automobiles for the use of Members of the
Senate, to be transferred by the Controller to the Senate Operating
Fund.
3. The funds appropriated in Schedules (1), (2), (3), and (5) may
be
adjusted for transfers to or from the Senate Operating Fund.
0120-011-0001--For support of Assembly . . . 132,131,000
Schedule:
(1) 101001-Salaries of Assembly Members . . . 9,947,000
(2) 317295-Mileage . . . 8,000
(3) 317292-Expenses . . . 2,594,000
(4) 500004-Operating Expenses . . . 118,946,000
(5) 317296-Automotive Expenses . . . 636,000
Provisions:
1. The funds appropriated in Schedule (4) are for operating
expenses of
the Assembly, including personal services for officers, clerks, and
all
other employees, and legislative committees thereof composed in whole
or in part of Members of the Assembly, and for support of joint
expenses of the Legislature, to be transferred by the Controller to
the
Assembly Operating Fund.
2. The funds appropriated in Schedule (5) are for operating
expenses of
the Assembly relating to the lease, maintenance, repair, insurance,
and
other costs of operating automobiles for the use of Members of the
Assembly, to be transferred by the Controller to the Assembly
Operating
Fund.
3. The funds appropriated by Schedules (1), (2), (3), and (5) may
be
adjusted for transfers to or from the Assembly Operating Fund.
0130-021-0001--For support of Office of the Legislative Analyst .
. . 0
Schedule:
(1) Expenses of the Office of the Legislative Analyst . . .
6,664,000
(2) Transferred from Item 0110-001-0001 . . . -3,257,000
(3) Transferred from Item 0120-011-0001 . . . -3,257,000
(4) Reimbursements . . . -150,000
Provisions:
1. The funds appropriated in Schedule (1) are for the expenses of
the
Office of the Legislative Analyst and of the Joint Legislative Budget
Committee for any charges, expenses, or claims either may incur,
available without regard to fiscal years, to be paid on
certification of the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
2. Funds identified in Schedules (2) and (3) may be transferred
from the
Senate Operating Fund, by the Senate Committee on Rules, and the
Assembly Operating Fund, by the Assembly Committee on Rules.
0160-001-0001--For support of Legislative Counsel Bureau . . .
84,513,000
Schedule:
(1) Support . . . 84,644,000
(2) Reimbursements . . . -131,000
Provisions:
1. Of the appropriation authorized by this item, $1,700,000 is
intended as
an initial expenditure to support the Enterprise Strategic Initiative
project,
which is designed to replace information technology applications that
are
critical to the mission of the Legislative Counsel Bureau. It is the
intent of
the Legislature to make additional budget augmentations to fund this
project in future fiscal years.
Judicial
0250-001-0001--For support of Judicial Branch . . . 300,233,000
Schedule:
(1) 10-Supreme Court . . . 40,743,000
(2) 20-Courts of Appeal . . . 177,276,000
(3) 30-Judicial Council . . . 101,049,000
(4) 35-Judicial Branch Facility Program . . . 2,087,000
(5) 50-Habeas Corpus Resource Center . . . 11,425,000
(5.5) 97.20.001-Unallocated Reduction . . . -7,700,000
(6) Reimbursements . . . -17,189,000
(7) Amount payable from the Motor Vehicle Account, State
Transportation Fund (Item 0250-001-0044) . . . -160,000
(8) Amount payable from the Court Interpreters' Fund (Item
0250-001-0327) . . . -142,000
(9) Amount payable from the Federal Trust Fund (Item
0250-001-0890)
. . . -2,560,000
(10) Amount payable from the Appellate Court Trust Fund (Item
0250-001-3060) . . . -4,596,000
Provisions:
1. Notwithstanding Section 26.00 of this act, the funds
appropriated or
scheduled in this item may be allocated or reallocated among
categories
by order of the Judicial Council.
2. Of the funds appropriated in this item, $200,000 is available
for
reimbursement to the Attorney General, or for hiring outside counsel,
for
pre-litigation and litigation fees and costs, including any judgment,
stipulated judgment, offer of judgment or settlement. This amount is
for
use in connection with (a) matters arising from the actions of
appellate
courts, appellate court bench officers, or appellate court employees;
(b)
matters arising from the actions of the Judicial Council, council
members
or council employees or agents; (c) matters arising from the actions
of the
Administrative Office of the Courts or its employees; or (d)
employment
litigation arising from the actions of trial courts, trial court
bench officers,
or trial court employees. Either the state or the Judicial Council
must be
named as a defendant or alleged to be the responsible party. Any
funds
not used for this purpose shall revert to the General Fund.
3. Notwithstanding any other provision of law, up to $5,000,000
appropriated in this item may be transferred to Item 0250-101-0001 by
the Controller at the request of the Administrative Office of the
Courts,
to cover any short-term cashflow issues that occur. Any funds
transferred
shall be repaid to this item from Item 0250-101-0001. The Judicial
Council shall notify the Department of Finance and the Joint
Legislative
Budget Committee when any transfer is made pursuant to this
provision,
and upon repayment of the transfer.
4. The funds appropriated by Schedule (5) shall be available for
costs
associated directly or indirectly with the California Habeas Corpus
Resource Center (CHCRC). The CHCRC shall report to the Legislature
and the Department of Finance on September 1, 2005, and April 1,
2006, on expenditures, specifically detailing personal services
expenditures, and operating expenses and equipment expenditures.
5. Notwithstanding any other provision of law, upon approval and
order
of the Department of Finance, the amount appropriated in this item
shall
be reduced by the amount transferred in Item 0250-011-0001 to provide
adequate resources to the Judicial Branch Workers' Compensation Fund
to pay workers' compensation claims for judicial branch employees
and
administrative costs pursuant to Section 68114.10 of the Government
Code.
0250-001-0044--For support of Judicial Branch, for payment to Item
0250-001-0001, payable from the Motor Vehicle Account, State
Transportation Fund . . . 160,000
0250-001-0327--For support of Judicial Branch, for payment to Item
0250-001-0001, payable from the Court Interpreters' Fund . . .
142,000
0250-001-0890--For support of Judicial Branch, for payment to Item
0250-001-0001, payable from the Federal Trust Fund . . . 2,560,000
0250-001-3037--For support of Judicial Branch, payable from the
State
Court Facilities Construction Fund . . . 36,945,000
Schedule:
(1) 30-Judicial Council . . . 6,440,000
(2) 35-Judicial Branch Facility Program . . . 30,505,000
Provisions:
1. The Director of Finance may augment this item by an amount not
to
exceed available funding in the State Court Facilities Construction
Fund,
after review of a request submitted by the Administrative Office of
the
Courts that demonstrates a need for additional resources associated
with
and including, but not limited to, the transfer, acquisi-tion,
rehabilitation,
construction, or financing of court facilities. This request shall be
submitted no later than 60 days prior to the effective date of the
license.
Any augmentation shall be authorized no sooner than 30 days after
notification in writing to the chairpersons of the committees in each
house
of the Legislature that consider appropriations, the chairperson of
the
committee and appropriate subcommittees that consider the state
budget,
and the Chairperson of the Joint Legislative Budget Committee, or not
sooner than whatever lesser time the Chairperson of the Joint
Legislative
Budget Committee or his or her designee may determine.
0250-001-3060--For support of Judicial Branch, for payment to Item
0250-001-0001, payable from the Appellate Court Trust Fund . . .
4,596,000
0250-001-3066--For support of Judicial Branch, payable from the
Court Facilities Trust Fund . . . 1,000
Schedule:
(1) 35-Judicial Branch Facility Program . . . 1,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures in excess of this item for the operation,
repair,
and maintenance of court facilities pursuant to Section 70352 of the
Government Code.
0250-003-0001--For support of Judicial Branch for rental payments
on
lease-revenue bonds . . . 998,000
Schedule:
(1) Base Rental and Fees . . . 1,013,000
(2) Insurance . . . 8,000
(3) Reimbursements . . . -23,000
Provisions:
1. The funds appropriated in this item shall be made available for
costs
associated with rental payments on lease-revenue bonds for the Court
of
Appeal, Fourth District, Division 2, in Riverside, California.
2. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
3. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
0250-011-0001--For transfer, upon order of the Director of
Finance, to
the Judicial Branch Workers' Compensation Fund . . . 1,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order
of the Department of Finance, the Judicial Council shall adjust the
amount
of this transfer to provide adequate resources to the Judicial Branch
Workers' Compensation Fund to pay workers compensation claims for
judicial branch employees and administrative costs pursuant to
Government Code Section 68114.10.
0250-101-0001--For local assistance, Judicial Branch . . .
16,762,000
Schedule:
(1) 45.10-Support for Operation of Trial Courts . . . 6,196,000
(2) 45.55.010-Child Support Commissioner Program (AB 1058) . . .
45,381,000
(3) 45.55.020-California Collaborative and Drug Court Projects . .
.
2,924,000
(4) 45.55.030-Federal Child Access and Visitation Grant Program .
. .
800,000
(5) 45.55.050-Federal Court Improvement Grant Program . . .
700,000
(6) 45.55.070-Grants--Other . . . 235,000
(7) 45.55.080-Federal Grants--Other . . . 775,000
(8) 45.55.090-Equal Access Fund . . . 9,500,000
(9) Reimbursements . . . -47,474,000
(10) Amount payable from Federal Trust Fund (Item 0250-101-0890) .
.
. -2,275,000
Provisions:
1. Notwithstanding any other provision of law, up to $5,000,000
appropriated in Item 0250-001-0001 may be transferred to Item
0250-101-0001 by the Controller at the request of the Administrative
Office of the Courts, to cover any short-term cash-flow issues that
occur.
Any funds transferred shall be repaid from this item to Item
0250-001-0001. The Judicial Council shall notify the Department of
Finance and the Joint Legislative Budget Committee when any transfer
is
made pursuant to this provision, and upon repayment of the transfer.
2. In order to improve equal access and the fair administration of
justice,
the funds appropriated in Schedule (8) are to be distributed by the
Judicial Council through the Legal Services Trust Fund Commission to
qualified legal services projects and support centers as defined in
Sections 6213 through 6215 of the Business and Professions Code, to
be
used for legal services in civil matters for indigent persons. The
Judicial
Council shall approve awards made by the commission if the council
determines that the awards comply with statutory and other relevant
guidelines. Ten percent of the funds in Schedule (8) shall be for
joint
projects of courts and legal services programs to make legal
assistance
available to proper litigants and 90 percent of the funds in Schedule
(8)
shall be distributed consistent with Sections 6216 through 6223 of
the
Business and Professions Code. The Judicial Council may establish
additional reporting or quality control requirements consistent with
Sections 6213 through 6223 of the Business and Professions Code.
3. Reimbursements for the following activities: (a) payment of
service of
process fees billed to the trial courts as a result of Chapter 1009
of the
Statutes of 2002, (b) payment of the court costs payable under
Sections
4750 to 4755, and 6005 of the Penal Code, and (c) payment of court
costs of extraordinary homicide trials shall be provided from this
appropriation and disbursed to individual trial courts on a
reimbursement
basis.
0250-101-0044--For local assistance of Judicial Branch, payable
from
the Motor Vehicle Account, State Transportation Fund . . . 1,648,000
0250-101-0890--For local assistance of Judicial Branch, for
payment to
Item 0250-101-0001, payable from the Federal Trust Fund . . .
2,275,000
0250-101-0932--For local assistance, Judicial Branch, payable from
the
Trial Court Trust Fund . . . 2,483,966,000
Schedule:
(1) 45.10-Support for operation of the Trial Courts . . .
2,154,263,000
(2) 45.25-Compensation of Superior Court Judges . . . 233,530,000
(3) 45.35-Assigned Judges . . . 20,254,000
(4) 45.45-Court Interpreters . . . 72,233,000
(5) 45.55.060-Court Appointed Special Advocate (CASA) Program . .
.
2,052,000
(6) 45.55.065-Model Self-Help Program . . . 887,000
(7) 45.55.095-Family Law Information Centers . . . 321,000
(8) 45.55.100-Civil Case Coordination . . . 426,000
Provisions:
1. Notwithstanding Section 26.00 of this act, the funds
appropriated or
scheduled in this item may be allocated or reallocated among
categories
by the Judicial Council.
2. The funds appropriated in Schedule (2) shall be made available
for
costs of the workers' compensation program for trial court judges.
3. The amount appropriated in Schedule (3) shall be made available
for
all judicial assignments. Schedule (3) expenditures for necessary
chamber
staff may not exceed the staffing level that is necessary to support
the
equivalent of three judicial officers sitting on assignments at the
appellate
court level.
4. The funds appropriated in Schedule (4) shall be for payments
for
services of contractual court interpreters, and certified and
registered
court interpreters employed by the courts, and the following court
interpreter coordinators: one each in counties of the 1st through the
15th
classes, 0.5 each in counties of the 16th through the 31st classes,
and
0.25 each in counties of the 32nd through the 58th classes. For the
purposes of this provision, "court interpreter coordinators" may be
full- or
part-time court employees, or those contracted by the court to
perform
these services.
The Judicial Council shall set statewide or regional rates and
policies for
payment of court interpreters, not to exceed the rate paid to
certified
interpreters in the federal court system. The Judicial Council shall
adopt
appropriate rules and procedures for the administration of these
funds.
The Judicial Council shall report to the Legislature and Director of
the
Department of Finance annually regarding expenditures from this
schedule.
5. Upon order of the Director of Finance, the amount available for
expenditure in this item may be augmented by the amount of any
additional resources available in the Trial Court Trust Fund, which
is in
addition to the amount appropriated in this item.
6. Notwithstanding any other provision of law, upon approval and
order
of the Department of Finance, the amount appropriated in this item
shall
be reduced by the amount transferred in Item 0250-115-0932 to provide
adequate resources to the Judicial Branch Workers' Compensation Fund
to pay workers' compensation claims for judicial branch employees and
administrative costs pursuant to Section 68114.10 of the Government
Code.
7. Of the funds appropriated in Schedule (1), which will be
transferred to
the Trial Court Improvement Fund in accordance with subdivision (b)
of
Section 77209 of the Government Code, up to $5,000,000 shall be
available for support of services for self-represented litigants.
0250-111-0001--For transfer by the Controller to the Trial Court
Trust
Fund . . . 1,453,866,000
0250-112-0001--For transfer by the Controller to the Judicial
Administration Efficiency and Modernization Fund . . . 34,122,000
0250-112-0556--For local assistance, Judicial Branch, payable from
the
Judicial Administration Efficiency and Modernization Fund . . .
34,122,000
0250-115-0932--For transfer, upon order of the Director of
Finance, to
the Judicial Branch Workers Compensation Fund . . . 1,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order
of the Department of Finance, the Judicial Council shall adjust the
amount
of this transfer to provide adequate resources to the Judicial Branch
Workers' Compensation Fund to pay workers compensation claims for
judicial branch employees and administrative costs pursuant to
Government Code Section 68114.10.
0250-301-0660--For capital outlay, Judicial Branch, payable from
the
Public Buildings Construction Fund . . . 4,486,000
Schedule:
(1) 90.20.501-Court of Appeal, Fifth Appellate District Fresno:
New
Courthouse--Construction . . . 4,486,000
Provisions:
1. The State Public Works Board may issue lease- revenue bonds,
notes,
or bond anticipation notes pursuant to Chapter 5 (commencing with
Section 15830) of Part 10b of Division 3 of Title 2 of the Government
Code to finance the design and construction of the project authorized
by
this item.
2. The State Public Works Board and the Judicial Branch may obtain
interim financing for the project costs authorized in this item from
any
appropriate source, including, but not limited to, the Pooled Money
Investment Account pursuant to Sections 16312 and 16313 of the
Government Code.
3. The State Public Works Board may authorize the augmentation of
the
cost of design and construction of the projects scheduled in this
item
pursuant to the board's authority under Section 13332.11 of the
Government Code. In addition, the State Public Works Board may
authorize any additional amount necessary to establish a reasonable
construction reserve and to pay the cost of financing, including the
payment of interest during the construction of the project, the costs
of
financing a debt service fund, and the cost of issuance of permanent
financing for the project. This additional amount may include
interest
payable on any interim financing obtained.
4. The Judicial Branch is authorized and directed to execute and
deliver
any and all leases, contracts, agreements, or other documents
necessary
or advisable to consummate the sale of bonds or otherwise effectuate
the
financing of the scheduled project.
5. The State Public Works Board shall not be deemed a lead or
responsible agency for purposes of the California Environmental
Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) for any activities under the State Building
Construction
Act of 1955 (Part 10b (commencing with Section 15800) of Division 3
of Title 2 of the Government Code). This section does not exempt the
district from the requirements of the California Environmental
Quality Act.
This section is declaratory of existing law.
0250-301-3037--For capital outlay, Judicial Branch, payable from
the
State Court Facilities Construction Fund . . . 10,277,000
Schedule:
(1) 91.07.001-Contra Costa County, New Antioch Area
Courthouse--Acquisition and preliminary plans . . . 7,237,000
(2) 91.24.001-Merced County, New Merced Downtown Courthouse--
Construction . . . 3,040,000
Provisions:
1. Notwithstanding any other provision of law, the County of
Contra
Costa shall transfer responsibility, or responsibility and title, for
the
Pittsburg-Delta Court facility to the state prior to the release of
funds
identified in Schedule (1).
2. For the project identified in Schedule (2), if the County of
Merced has
not executed the transfer of its responsibilities, or
responsibilities and title,
for the New Downtown Merced
Courthouse, New Courts Building
(Departments 1 through 3), Jail Court (Department 4), Department 5
Modular, Departments 7 and 8 Trailer, Adobe Building, Criminal
Trailer,
and Jury Assembly, to the state in accordance with Chapter 1082 of
the
Statutes of 2002, by January 1, 2007, then the County of Merced shall
pay back the construction funds used for this project.
3. The Judicial Branch may enter into a lease-purchase agreement
with
the County of Fresno for the New Fresno Area Juvenile Delinquency
Court Facility project that will provide lease payments to the county
equal
to the court's proportional share of the project costs, subject to
Department of Finance approval. The County of Fresno shall transfer
responsibility, or responsibility and title, of the existing Fresno
Juvenile
Court Facility prior to the approval of a lease-purchase agreement.
0250-490--Reappropriation, Judicial Branch. The balances of the
appropriations provided for in the following citations are
reappropriated
for the purposes and subject to the limitations, unless otherwise
specified,
provided for in the appropriations:
0001--General Fund
(1) Item 0250-301-0001, Budget Act of 2000 (Ch. 52, Stats. 2000),
as
reappropriated by Item 0250-490, Budget Act of 2003 (Ch. 157, Stats.
2003)
(1) 90.20.401-Court of Appeal, Fourth Appellate District, Orange
County: New Courthouse--Acquisition, provided that the funds shall be
available for expenditure until June 30, 2006.
0660--Public Buildings Construction Fund
(1) Item 0250-301-0660, Budget Act of 2002 (Ch. 379, Stats. 2002),
as reappropriated by Item 0250-490, Budget Act of 2003 (Ch. 379,
Stats. 2003)
(2) 90.20.501-Court of Appeal, Fifth Appellate District Fresno:
New
Courthouse--Construction
Provisions:
1. The State Public Works Board may issue lease- revenue bonds,
notes,
or bond anticipation notes pursuant to Chapter 5 (commencing with
Section 15830) of Part 10b of Division 3 of Title 2 of the Government
Code to finance the design and construction of the projects
authorized by
this item.
2. The State Public Works Board may authorize the augmentation of
the
cost of design and construction of the projects scheduled in this
item
pursuant to the board's authority under Section 13332.11 of the
Government Code. In addition, the State Public Works Board may
authorize any additional amount necessary to establish a reasonable
construction reserve and to pay the cost of financing, including the
payment of interest during the construction of the project, the costs
of
financing a debt service fund, and the cost of issuance of permanent
financing for the project. This additional amount may include
interest
payable on any interim financing obtained.
0250-497--Reversion, Judicial Branch. As of June 30, 2005, the
specified balances of the appropriations provided for in the
following
citations shall revert to the fund balance from which the
appropriation was
made:
3037--State Court Facilities Construction Fund
(1) Item 0250-301-3037, Budget Act of 2004 (Ch. 208, Stats. 2004)
(1) 90.31.001-Placer/Nevada Shared Use Tahoe Court:
Truckee--Acquisition and preliminary plans . . . 544,000
(2) 90.32.001-Portola/Loyalton New Branch Court: Counties of
Sierra
and Plumas--Acquisition and preliminary plans . . . 75,000
0280-001-0001--For support of the Commission on Judicial
Performance, Program 10 . . . 4,110,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order
of the Department of Finance, the amount appropriated in this item
shall
be reduced by the amount transferred in Item 0280-011-0001 to provide
adequate resources to the Judicial Branch Workers' Compensation Fund
to pay workers compensation claims for judicial branch employees and
administrative costs pursuant to Government Code Section 68114.10.
0280-011-0001--For transfer, upon order of the Director of
Finance, to
the Judicial Branch Workers' Compensation Fund . . . 1,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order
of the Department of Finance, the Commission on Judicial Performance
shall adjust the amount of this transfer to provide adequate
resources to
the Judicial Branch Workers' Compensation Fund to pay workers
compensation claims for judicial branch employees and administrative
costs pursuant to Government Code Section 68114.10.
0390-001-0001--For transfer by the Controller to the Judges'
Retirement Fund, for Supreme Court and Appellate Court Justices . . .
1,150,000
Provisions:
1. Upon order of the Department of Finance, the Controller shall
transfer
such funds as are necessary between Item 0390-001-0001 and Item
0390-101-0001.
0390-101-0001--For transfer by the Controller to the Judges'
Retirement Fund for Superior Court and Municipal Court Judges . . .
109,167,000
Provisions:
1. Upon order of the Department of Finance, the Controller shall
transfer
such funds as are necessary between Item 0390-001-0001 and Item
0390-101-0001.
Executive
0500-001-0001--For support of Governor and of Governor's office .
. .
18,347,000
Schedule:
(1) Support . . . 18,554,000
(2) Governor's Residence (Support) . . . 35,000
(3) Special Contingent Expenses . . . 40,000
(4) Unallocated Reduction . . . -282,000
Provisions:
1. The funds appropriated in Schedules (2) and (3) of this item
are
exempt from the provisions of Sections 925.6, 12410, and 13320 of the
Government Code.
0510-001-0001--For support of Secretary of State and Consumer
Services . . . 769,000
Schedule:
(1) Support . . . 1,378,000
(2) Unallocated Reduction . . . -12,000
(3) Reimbursements . . . -597,000
0520-001-0001--For support of Secretary for Business,
Transportation
and Housing, for payment to Item 0520-001-0044 payable from the
General Fund . . . 1,528,000
0520-001-0044--For support of Secretary for Business,
Transportation
and Housing, payable from the Motor Vehicle Account, State
Transportation Fund . . . 1,133,000
Schedule:
(1) 10-Administration of Business, Transportation and Housing
Agency .
. . 3,009,000
(2) 25-Infrastructure Finance and Economic Development Program . .
.
8,400,000
(3) 97.20.001-Unallocated Reduction . . . -22,000
(4) Reimbursements . . . -2,987,000
(5) Amount payable from the General Fund (Item 0520-001-0001) . .
.
-1,528,000
(6) Amount payable from the California Infrastructure and Economic
Development Bank Fund (Item 0520-001-0649) . . . -3,248,000
(7) Amount payable from the Small Business Expansion Fund (Item
0520-001-0918) . . . -435,000
(8) Amount payable from the Welcome Center Fund (Item
0520-0013083) . . . -56,000
(9) Amount payable from the Chrome Plating Pollution Prevention
Account (Item 0520-001-9329) . . . -2,000,000
0520-001-0649--For support of Secretary for Business,
Transportation
and Housing, for payment to Item 0520-001-0044 payable from the
California Infrastructure and Economic Development Bank Fund . . .
3,248,000
0520-001-0918--For support of Secretary for Business,
Transportation
and Housing, for payment to Item 0520-001-0044 payable from the
Small Business Expansion Fund . . . 435,000
0520-001-3083--For support of Secretary for Business,
Transportation
and Housing, for payment to Item 0520-001-0044 payable from the
Welcome Center Fund . . . 56,000
0520-001-9329--For support of Secretary for Business,
Transportation
and Housing, for payment to Item 0520-001-0044, payable from the
Chrome Plating Pollution Prevention Account . . . 2,000,000
Provisions:
1. Funds appropriated in this item shall be expended to address
the
various environmental issues posed by the metal plating industry
while
preserving its economic vitality.
2. Funds shall not be available until January 1, 2006.
0520-011-0001--For transfer, upon order of the Director of
Finance, to
the Small Business Expansion Fund . . . 3,927,000
0520-101-0001--For local assistance, Secretary for Business,
Transportation and Housing . . . 0
Schedule:
(1) 25-Infrastructure Finance and Economic Development Program . .
.
2,000,000
(2) Reimbursements . . . -2,000,000
0520-401--The Department of Finance is hereby authorized to
transfer
any savings from the amount transferred pursuant to Item
0520-011-0001 of this act to the General Fund at the end of the
2005-06 fiscal year.
0530-001-0001--For support of Secretary for California Health and
Human Services . . . 1,941,000
Schedule:
(1) 10-Secretary of California Health and Human Services Agency .
. .
3,507,000
(2) Reimbursements . . . -1,202,000
(3) Amount payable from the Managed Care Fund (Item
0530-001-0933) . . . -364,000
0530-001-0933--For support of Secretary for California Health and
Human Services Agency, for payment to Item 0530-001-0001, payable
from the Managed Care Fund . . . 364,000
0530-011-9730--For transfer by the Controller, upon order of the
Department of Finance, from the Department of Technology Services
Revolving Fund to the Office of Systems Integration Fund. The amount
of
funds available for transfer shall be determined by the Department of
Finance . . . 0
0530-001-9732--For support of Secretary for California Health and
Human Services, payable from the Office of Systems Integration Fund .
.
. 223,458,000
Schedule:
(1) 30-Office of System Integration . . . 223,458,000
Provisions:
1. Notwithstanding any other provision of law, the Department of
Finance
may adjust this item of appropriation to correct any technical errors
related to the Health and Human Services Data Center reorganization
plan not sooner than 30 days after notification in writing of the
necessity
therefor to the chairperson of the committee in each house of the
Legislature that considers appropriations and the Chairperson of the
Joint
Legislative Budget Committee, or not sooner than whatever lesser time
the chairperson of the committee, or his or her designee, may in each
instance determine.
2. Notwithstanding any other provision of law, upon the request of
the
Health and Human Services Agency, the Department of Finance may
augment the amount available for expenditure in this item to pay for
new
contract costs for the In-Home Supportive Services/Case Management
Payrolling System. The augmentation may be made not sooner than 30
days after notification in writing of the committee in each house of
the
Legislature that considers appropriations and the Chairperson of the
Joint
Legislative Budget Committee, or not sooner than whatever lesser time
the chairperson of the joint committee may in each instance
determine.
The amount of funds augmented pursuant to the authority of this
provision
shall be consistent with the amount approved by the Department of
Finance based on its review and approval of the new contract and
Special Project Report, or equivalent document to be submitted at the
conclusion of procurement activities.
3. Notwithstanding any other provision of law, the Department of
Finance
may augment this item to provide authority to spend funds encumbered
prior to 2005-06 by the Health and Human Services Agency Data
Center for the ongoing support of the automation projects
transferred to
the Health and Human Services Agency Office of System Integration.
0530-017-0001--For support of Secretary for California Health and
Human Services Agency . . . 2,992,000
Schedule:
(1) 21-Office of HIPAA Implementation . . . 3,608,000
(2) Reimbursements . . . -616,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified
in Control Section 17.00. These funds are to be used in support of
compliance activities related to the federal Health Insurance
Portability
and Accountability Act (HIPAA) of 1996.
0540-001-0005--For support of Secretary for Resources, for payment
to Item 0540-001-0140, payable from the Safe Neighborhood Parks,
Clean Water, Clean Air, and Coastal Protection Bond Fund . . .
214,000
0540-001-0140--For support of Secretary for Resources, payable
from
the Environmental License Plate Fund . . . 2,968,000
Schedule:
(1) 10-Administration of Resources Agency . . . 8,378,000
(2) Reimbursements . . . -521,000
(3) Amount payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund (Item 0540-001-0005) . .
. -214,000
(4) Amount payable from the Environmental Enhancement and
Mitigation
Demonstration Program Fund (Item 0540-001-0183) . . . -101,000
(5) Amount payable from the Federal Trust Fund (Item
0540-001-0890)
. . . -184,000
(5.5) Amount payable from the River Protection Subaccount (Item
0540-001-6015) . . . -16,000
(6) Amount payable from the California Clean Water, Clean Air,
Safe
Neighborhood Parks, and Coastal Protection Fund (Item
0540-001-6029) . . . -1,800,000
(7) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 0540-001-6031) . . .
-2,574,000
0540-001-0183--For support of Secretary for Resources, for payment
to Item 0540-001-0140, payable from the Environmental Enhancement
and Mitigation Program Fund . . . 101,000
0540-001-0890--For support of Secretary for Resources, for payment
to Item 0540-001-0140, payable from the Federal Trust Fund . . .
184,000
0540-001-6015--For support of Secretary for Resources, for payment
to Item 0540-001-0140, payable from the River Protection Subaccount .
. . 16,000
0540-001-6029--For support of Secretary for Resources, for payment
to Item 0540-001-0140, payable from the California Clean Water, Clean
Air, Safe Neighborhood Parks, and Coastal Protection Fund . . .
1,800,000
0540-001-6031--For support of Secretary for Resources, for payment
to Item 0540-001-0140, payable from the Water Security, Clean
Drinking Water, Coastal and Beach Protection Fund of 2002 . . .
2,574,000
Provisions:
1. The Secretary for Resources, in consultation with the Sierra
Nevada
Conservancy, shall submit a plan for the coordination of grant
programs
in the Sierra Nevada region to the Joint Legislative Budget Committee
and the fiscal committees of both houses of the Legislature by
December
1, 2005.
0540-101-6029--For local assistance, Secretary for Resources,
payable
from the California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund . . . 7,850,000
Provisions:
1. The funds appropriated in this item shall be available for
encumbrance
until June 30, 2008, for purposes of support, local assistance, or
capital
outlay.
2. The funds received by other state agencies from this item in
accordance with paragraph (1) of subdivision (c) of Section 5096.650
of
the Public Resources Code are exempt from the reporting requirements
of Section 28.50.
0540-101-6031--For local assistance, Secretary for Resources,
payable
from the Water Security, Clean Drinking Water, Coastal and Beach
Protection Fund of 2002 . . . 42,150,000
Provisions:
1. The funds appropriated in this item for purposes of Water Code
Section 79541 shall be available for encumbrance through fiscal year
2007-08 for purposes of support, local assistance or capital outlay.
2. The funds received by other state agencies from this item in
accordance with Water Code Section 79541 are exempt from the
reporting requirements of Section 28.5 of the Budget Act.
0540-490--Reappropriation, Secretary for Resources.
Notwithstanding
any other provision of law, the period to liquidate encumbrances of
the
following citations are extended to June 30, 2006:
0001--General Fund
(1) Item 0540-101-0001, Budget Act of 1999 (Ch. 50, Stats. 1999)
(2) Item 0540-101-0001, Budget Act of 2000 (Ch. 52, Stats. 2000)
(3) Item 0540-101-0001, Budget Act of 2001 (Ch. 106, Stats. 2001)
0890--Federal Trust Fund
(1) Item 0540-001-0890, Budget Act of 2002 (Ch. 379, Stats. 2002)
6015--River Protection Subaccount
(1) Item 0540-101-6015, Budget Act of 2000 (Ch. 52, Stats. 2000)
(a) Los Angeles River Parkways
0540-491--Reappropriation, Secretary for Resources. The balance of
the appropriation provided in the following citation is
reappropriated for
the purposes provided for in that appropriation and shall be
available for
encumbrance or expenditure until June 30, 2008:
0383--Natural Resources Infrastructure Fund
(1) Up to $10,000,000 from Item 0540-001-0383, Budget Act of 2004
(Ch. 208, Stats. 2004), for implementation of the California Ocean
Protection Act.
0552-001-0001--For support of Office of the Inspector General . .
.
15,367,000
Schedule:
(1) 10-Office of the Inspector General . . . 15,504,000
(2) 97.20.001-Unallocated Reduction . . . -137,000
Provisions:
1. Of the amount appropriated in this item, $3,553,000 is to meet
the
Office of Inspector General's staffing needs based on a workload
budget,
and $2,971,000 is for the additional workload resulting from duties
imposed by Chapter 10 of the Statutes of 2005. Any funds appropriated
to establish new positions for these activities that are not expended
shall
revert to the General Fund.
0555-001-0001--For support of Secretary for Environmental
Protection,
for payment to Item 0555-001-0044 . . . 421,000
0555-001-0014--For support of Secretary for Environmental
Protection,
for payment to Item 0555-001-0044, payable from the Hazardous
Waste Control Account . . . 294,000
0555-001-0028--For support of Secretary for Environmental
Protection,
for payment to Item 0555-001-0044, payable from the Unified Program
Account . . . 994,000
0555-001-0044--For support of Secretary for Environmental
Protection,
payable from the Motor Vehicle Account, State Transportation Fund . .
.
802,000
Schedule:
(1) 30-Support . . . 9,703,000
(2) 97.20.001-Unallocated Reduction . . . -21,000
(3) Reimbursements . . . -1,000,000
(4) Amount payable from the General Fund (Item 0555-001-0001) . .
.
-421,000
(5) Amount payable from the Hazardous Waste Control Account (Item
0555-001-0014) . . . -294,000
(6) Amount payable from the Unified Program Account (Item
0555-001-0028) . . . -994,000
(7) Amount payable from the California Used Oil Recycling Fund
(Item
0555-001-0100) . . . -29,000
(8) Amount payable from the Department of Pesticide Regulation
Fund
(Item 0555-001-0106) . . . -428,000
(8.5) Amount payable from the Air Pollution Control Fund (Item
0555-001-0115) . . . -500,000
(9) Amount payable from the Waste Discharge Permit Fund (Item
0555-001-0193) . . . -83,000
(10) Amount payable from the Public Resources Account, Cigarette
and
Tobacco Products Surtax Fund (Item 0555-001-0235) . . . -50,000
(11) Amount payable from the Recycling Market Development
Revolving
Loan Account (Item 0555-001-0281) . . . -134,000
(11.5) Amount payable from the Public Interest Research,
Development
and Demonstration Fund (Item 0555-001-0381) . . . -500,000
(12) Amount payable from the Integrated Waste Management Account,
Integrated Waste Management Fund (Item 0555-001-0387) . . .
-492,000
(13) Amount payable from the Underground Storage Tank Cleanup Fund
(Item 0555-001-0439) . . . -664,000
(14) Amount payable from the State Water Quality Control Fund
(Item
0555-001-0679) . . . -117,000
(15) Amount payable from the Rural CUPA Reimbursement Account
(Item 0555-001-1006) . . . -900,000
(16) Amount payable from the Environmental Enforcement and
Training
Account (Item 0555-0018013) . . . -2,124,000
(17) Amount payable from the Environmental Education Account (Item
0555-001-8020) . . . -150,000
Provisions:
1. Notwithstanding Section 48653 of the Public Resources Code,
funds
appropriated in this item from the California Used Oil Recycling Fund
shall be available for purposes of administration.
2. Funds appropriated in this item from the Environmental
Education
Account are available for appropriation only to the extent that
funding is
received in the Environmental Education Account established by
Section
71305 of the Public Resources Code.
0555-001-0100--For support of Secretary for Environmental
Protection,
for payment to Item 0555-001-0044, payable from the California Used
Oil Recycling Fund . . . 29,000
0555-001-0106--For support of Secretary for Environmental
Protection,
for payment to Item 0555-001-0044, payable from the Department of
Pesticide Regulation Fund . . . 428,000
0555-001-0115--For support of Secretary for Environmental
Protection,
for payment to Item 0555-001-0044, payable from the Air Pollution
Control Fund . . . 500,000
Provisions:
1. The amount appropriated in this item is to support public
interest
energy research at the Office of the Secretary for Environmental
Protection on the effects of energy generation on climate change.
0555-001-0193--For support of Secretary for Environmental
Protection,
for payment to Item 0555-001-0044, payable from the Waste Discharge
Permit Fund . . . 83,000
0555-001-0235--For support of Secretary for Environmental
Protection,
for payment to Item 0555-001-0044, payable from the Public Resources
Account, Cigarette and Tobacco Products Surtax Fund . . . 50,000
0555-001-0281--For support of Secretary for Environmental
Protection,
for payment to Item 0555-001-0044, payable from the Recycling
Market Development Revolving Loan Account, Integrated Waste
Management Fund . . . 134,000
0555-001-0381--For support of Secretary for Environmental
Protection,
for payment to Item 0555-001-0044, payable from the Public Interest
Research, Development, and Demonstration Fund . . . 500,000
Provisions:
1. Of the amount appropriated in this item, up to $500,000 is for
a grant
to the California Climate Action Registry to support research-related
program activities.
0555-001-0387--For support of Secretary for Environmental
Protection,
for payment to Item 0555-001-0044, payable from the Integrated Waste
Management Account, Integrated Waste Management Fund . . .
492,000
0555-001-0439--For support of Secretary for Environmental
Protection,
for payment to Item 0555-001-0044, payable from the Underground
Storage Tank Cleanup Fund . . . 664,000
0555-001-0679--For support of Secretary for Environmental
Protection,
for payment to Item 0555-001-0044, payable from the State Water
Quality Control Fund . . . 117,000
0555-001-1006--For support of Secretary for Environmental
Protection,
for payment to Item 0555-001-0044, payable from the Rural CUPA
Reimbursement Account . . . 900,000
0555-001-8013--For support of Secretary for Environmental
Protection,
for payment to Item 0555-001-0044, payable from the Environmental
Enforcement and Training Account . . . 2,124,000
0555-001-8020--For support of Secretary for Environmental
Protection,
for payment to Item 0555-001-0044, payable from the Environmental
Education Account . . . 150,000
Provisions:
1. The funding appropriated and available for expenditure in this
item is
limited to the amount of funding received in the Environmental
Education
Account established by Section 71305 of the Public Resources Code.
0555-011-0001--For transfer by the State Controller to the Rural
CUPA Reimbursement Account . . . 900,000
0558-001-0001--For support of the Office of the Secretary for
Education . . . 904,000
Schedule:
(1) Secretary for Education . . . 1,135,000
(2) Unallocated Reduction . . . -13,000
(3) Reimbursements . . . -218,000
Provisions:
1. The amount appropriated in this item is intended for support of
the
Education Agency. The appropriation is an estimate of the funding
needs
from January 1, 2006, to June 30, 2006, inclusive. Legislation
establishing the agency will be introduced and, if enacted, would be
effective on or before January 1, 2006. In the event that legislation
creating the agency is not effective on or before January 1, 2006, or
the
funds are needed prior to January 1, 2006, the unexpended balance of
the funds appropriated by this item shall be available for
expenditure
pursuant to Item 0650-011-0001, as authorized by the Director of
Finance.
0559-001-0001--For support of the California Labor and Workforce
Development Agency . . . 0
Schedule:
(1) 10-Office of the Secretary for Labor and Workforce Development
. .
. 2,165,000
(2) Reimbursements . . . -2,165,000
0559-490--Reversion, Labor and Workforce Development Agency. As
of June 30, 2005, $150,000 of the appropriation provided for in
Chapter
221, Statutes of 2004 (Private Attorneys General Act) shall revert to
the
General Fund.
0650-001-0001--For support of Office of Planning and Research . .
.
3,874,000
Schedule:
(1) 11-State Planning and Policy Development . . . 3,951,000
(2) 21-California Service Corps . . . 3,164,000
(3) 97.20.001-Unallocated Reduction . . . -62,000
(4) Reimbursements . . . -400,000
(5) Amount payable from the Federal Trust Fund (Item 0650-0010890)
.
. . -2,779,000
0650-001-0890--For support of Office of Planning and Research, for
payment to Item 0650-001-0001, payable from the Federal Trust Fund .
. . 2,779,000
0650-011-0001--For support of Office of Planning and Research . .
.
904,000
Schedule:
(1) Office of the Secretary for Education . . . 1,144,000
(2) 97.20.001-Unallocated Reduction . . . -13,000
(3) Reimbursements . . . -227,000
Provisions:
1. The funds appropriated in this item are intended for support of
the
Education Agency. The appropriation is an estimate of the funding
needs
from July 1, 2005, to December 31, 2005, inclusive. Legislation
establishing the agency will be introduced and, if enacted, would be
effective on or before January 1, 2006. After the effective
date of such
legislation, and upon the determination that all obligations of the
agency in
the Office of Planning and Research have been met, the unexpended
balance of the funds appropriated by this item shall be available for
expenditure pursuant to Item 0558-001-0001, as authorized by the
Director of Finance.
0650-101-0890--For local assistance, Office of Planning and
Research,
Program 21-California Service Corps, payable from the Federal Trust
Fund . . . 40,000,000
Provisions:
1. The funds appropriated in this item are for local assistance
allocations
approved by the California Service Corps.
0690-001-0001--For support of Office of Emergency Services . . .
36,105,000
Schedule:
(1) 15-Mutual Aid Response . . . 21,116,000
(2) 35-Plans and Preparedness . . . 17,654,000
(3) 45-Disaster Assistance . . . 23,620,000
(4) 55.01-Administration and Executive . . . 7,173,000
(5) 55.02-Distributed Administration and Executive . . .
-6,267,000
(6) 65-Office of Homeland Security . . . 33,262,000
(7) 97.20.001-Unallocated Reduction . . . -614,000
(8) Reimbursements . . . -2,651,000
(9) Amount payable from the Unified Program Account (Item
0690-001-0028) . . . -654,000
(10) Amount payable from the Nuclear Planning Assessment Special
Account (Item 0690-001-0029) . . . -935,000
(11) Amount payable from the Federal Trust Fund (Item
0690-0010890)
. . . -22,337,000
(12) Amount payable from the Federal Trust Fund (Item
0690-010-0890) . . . -33,262,000
Provisions:
1. Funds appropriated in this item may be reduced by the Director
of
Finance, after giving notice to the Chairperson of the Joint
Legislative
Budget Committee, by the amount of federal funds made available for
the purposes of this item in excess of the federal funds scheduled in
Item
0690-001-0890.
2. The Office of Emergency Services shall charge tuition for all
training
offered through the California Specialized Training Institute.
3. Upon the approval by the Department of Finance, the Controller
shall
transfer such funds as are nec-essary between this item and Item
0690-101-0890.
4. The Office of Homeland Security, in collaboration with the
State
Department of Health Services, shall report to the Chairperson of the
Joint Legislative Budget Committee, and the chairperson of the fiscal
and
policy committees of each house of the Legislature on or before
February
1, 2006, a statewide strategic plan for the use of federal homeland
security and bioterrorism funds by all departments and local
jurisdictions.
The plan shall include the state's goals and objectives for improving
the
state's level of preparedness for a terrorism event, which (a) is
based on
an assessment of the state's level of preparedness and (b) reflects a
coordination of preparedness activities at the state and local level.
It is not
the intent of the Legislature to require the Office of Homeland
Security or
the State Department of Health Services to disclose or include
sensitive
or classified information in the strategic plan.
5. It is the intent of the Legislature that the funding priorities
for federal
homeland security funds are: (a) enhancing information sharing
between
local, state, and federal public safety agencies; (b) identifying and
protecting critical infrastructure and key assets to deter
terrorists; (c)
enhancing coordination of state agencies' homeland security
activities; (d)
implementing the state's homeland security strategy; and (e)
implementing
interoperable communications for public safety agencies.
6. It is the intent of the Legislature that the Office of
Emergency Services
and the California Department of Forestry and Fire Protection, with
assistance from the Department of General Services, collaborate to
the
extent possible in the purchasing of fire trucks.
0690-001-0028--For support of Office of Emergency Services, for
payment to Item 0690-001-0001, payable from the Unified Program
Account . . . 654,000
0690-001-0029--For support of Office of Emergency Services, for
payment to Item 0690-001-0001, payable from the Nuclear Planning
Assessment Special Account . . . 935,000
Provisions:
1. Pursuant to Government Code Section 8610.5(f), any unexpended
funds from the appropriation in the prior fiscal year for the
purposes of
conducting a full participation exercise are hereby appropriated in
augmentation of this item.
0690-001-0890--For support of Office of Emergency Services, for
payment to Item 0690-001-0001, payable from the Federal Trust Fund .
. . 22,337,000
Provisions:
1. Any funds that may become available, in addition to the funds
appropriated in this item, for disaster response and recovery may be
allocated by the Department of Finance subject to the conditions of
Section 28.00 of this act, except that, notwithstanding subdivision
(d) of
that section, the allocations may be made 30 days or less after
notification
of the Legislature.
2. Notwithstanding any other provision of law, the funds
appropriated in
this item may be expended without regard to the fiscal year in which
the
application for reimbursement was submitted to the Federal Emergency
Management Agency.
0690-002-0001--For support of Office of Emergency Services . . .
9,563,000
Schedule:
(1) 50-Criminal Justice Projects . . . 10,750,000
(2) 51-California Anti-Terrorism Information Center . . .
6,700,000
(3) Reimbursements . . . -20,000
(4) Amount payable from the Local Public Prosecutors and Public
Defenders Training Fund (Item 0690-002-0241) . . . -74,000
(5) Amount payable from the Victim-Witness Assistance Fund (Item
0690-002-0425) . . . -1,207,000
(6) Amount payable from the High Technology Theft Apprehension and
Prosecution Program Trust Fund (Item 0690-002-0597) . . . -701,000
(7) Amount payable from the Federal Trust Fund (Item
0690-002-0890)
. . . -5,885,000
Provisions:
1. The funds appropriated in Schedule (2) shall be used to
continue and
expand funding for the California Anti-Terrorism Information Center
Program, which shall provide investigative assistance to local and
federal
law enforcement agencies, provide intelligence gathering and data
analysis, and create and maintain a statewide informational database
to
analyze and distribute information related to terrorist activities.
The Office
of Emergency Services shall allocate funds to the Department of
Justice
for these purposes upon the request of the Department of Justice.
2. It is the intent of the Legislature that the General Fund shall
be
reimbursed from future allocations of federal security-related funds
that
may be used for the purposes described in this item.
0690-002-0241--For support of Office of Emergency Services, for
payment to Item 0690-002-0001, payable from the Local Public
Prosecutors and Public Defenders Training Fund . . . 74,000
Provisions:
1. Notwithstanding any other provision of law restricting the
costs of
administering individual programs, the full amount of this
appropriation
may be used by the Office of Emergency Services for administrative
costs.
0690-002-0425--For support of Office of Emergency Services, for
payment to Item 0690-002-0001, payable from the Victim Witness
Assistance Fund . . . 1,207,000
0690-002-0597--For support of Office of Emergency Services, for
payment to Item 0690-002-0001, payable from the High Technology
Theft Apprehension and Prosecution Program Trust Fund . . . 701,000
Provisions:
1. Funds appropriated in this item are for the High Technology
Theft
Apprehension and Prosecution Program, as established by Chapter 5.7
(commencing with Section 13848) of Title 6 of Part 4 of the Penal
Code,
as amended by Chapter 555, Statutes of 1998, and shall be deposited
in
the High Technology Theft Apprehension and Prosecution Program Trust
Fund, established pursuant to Section 13848.4 of the Penal Code.
0690-002-0890--For support of Office of Emergency Services, for
payment to Item 0690-002-0001, payable from the Federal Trust Fund .
. . 5,885,000
0690-010-0890--For support of Office of Emergency Services for the
Office of Homeland Security, for payment to Item 0690-001-0001,
payable from the Federal Trust Fund . . . 33,262,000
0690-010-3034--For support of Office of Emergency Services for the
Office of Homeland Security . . . 100,000
0690-013-0001--For transfer by the Controller to the High
Technology
Theft Apprehension and Prosecution Program Trust Fund . . . 668,000
Provisions:
1. Funds appropriated in this item are for the High Technology
Theft
Apprehension and Prosecution Program, as established by Chapter 5.7
(commencing with Section 13848) of Title 6 of Part 4 of the Penal
Code, as amended by Chapter 555, Statutes of 1998, and shall be
deposited in the High Technology Theft Apprehension and Prosecution
Program Trust Fund, established pursuant to Section 13848.4 of the
Penal Code.
0690-013-0890--For transfer by the Controller from the Federal
Trust
Fund to the High Technology Theft Apprehension and Prosecution
Program Trust Fund . . . 33,000
Provisions:
1. Funds appropriated in this item are for the High Technology
Theft
Apprehension and Prosecution Program established by Chapter 5.7
(commencing with Section 13848) of Title 6 of Part 4 of the Penal
Code,
and shall be deposited in the High Technology Theft Apprehension and
Prosecution Program Trust Fund, established pursuant to Section
13848.4 of the Penal Code.
0690-101-0029--For local assistance, Office of Emergency Services,
Program 35--Plans and Preparedness, payable from the Nuclear
Planning Assessment Special Account . . . 2,291,000
Provisions:
1. Pursuant to Government Code Section 8610.5(f), any unexpended
funds from the appropriation in the prior fiscal year for the
purposes of
conducting a full participation exercise are hereby appropriated in
augmentation of this item.
0690-101-0890--For local assistance, Office of Emergency Services,
payable from the Federal Trust Fund . . . 901,150,000
Schedule:
(1) 35-Plans and Preparedness . . . 343,424,000
(2) 45-Disaster Assistance . . . 557,726,000
Provisions:
1. Any federal funds that may become available in addition to the
funds
appropriated in this item for Program 45-Disaster Assistance are
exempt
from Section 28.00 of this act.
0690-102-0001--For local assistance, Office of Emergency Services
. . .
25,649,000
Schedule:
(1) 50.20.102-Victims' Legal Resource Center . . . 41,000
(2) 50.20.151-Domestic Violence Program . . . 2,730,000
(3) 50.20.152-Family Violence Prevention . . . 50,000
(4) 50.20.301-Rape Crisis Program . . . 50,000
(5) 50.20.302-Rape Prevention . . . 5,571,000
(6) 50.20.351-Homeless Youth Project . . . 396,000
(7) 50.20.352-Youth Emergency Telephone Referral . . . 127,000
(8) 50.20.354-Child Sexual Abuse Prevention and Training . . .
302,000
(9) 50.30.502-War on Methamphetamine . . . 9,500,000
(10) 50.30.503-Vertical Prosecution Block Grants . . . 8,176,000
(11) 50.30.522-Evidentiary Medical Training . . . 648,000
(12) 50.30.541-Public Prosecutors and Public Defenders . . . 8,000
(13) 50.30.661-California Gang Violence Suppression Program . . .
2,790,000
(14) 50.30.662-CALGANG . . . 300,000
(15) 50.30.672-Multi-Agency Gang Enforcement Consortium . . .
93,000
(16) 50.30.815-Rural Crime Prevention Program . . . 1,443,000
(17) Reimbursements . . . -6,576,000
Provisions:
1. Notwithstanding any other provision of law, the Office of
Emergency
Services may provide advance payment of up to 25 percent of grant
funds awarded to community-based nonprofit organizations, cities,
school
districts, counties, and other units of local government that have
demonstrated cashflow problems according to the criteria set forth by
the
Office of Emergency Services.
2. To maximize the use of program funds and demonstrate the
commitment of the grantees to program objectives, the Office of
Emergency Services shall require all grantees of funds from the Gang
Violence Suppression-Curfew Enforcement Strategy Program to provide
local matching funds of at least 10 percent for the first and each
subsequent year of operation. This match requirement applies to each
agency that is to receive grant funds. An agency may meet its match
requirements with an in-kind match, if approved by the Office of
Emergency Services.
0690-102-0241--For local assistance, Office of Emergency Services,
payable from the Local Public Prosecutors and Public Defenders
Training
Fund . . . 792,000
Schedule:
(1) 50.30.541-Public Prosecutors and Public Defenders . . .
792,000
Provisions:
1. Notwithstanding any other provision of law, the Office of
Emergency
Services may provide advance payment of up to 25 percent of grant
funds awarded to community-based, nonprofit organizations, cities,
school districts, counties, and other units of local government that
have
demonstrated cashflow problems according to the criteria set forth by
the
Office of Emergency Services.
0690-102-0425--For local assistance, Office of Emergency Services,
payable from the Victim-Witness Assistance Fund . . . 15,519,000
Schedule:
(1) 50.20.101-Victim-Witness Assistance Program . . . 10,871,000
(2) 50.20.301-Rape Crisis Program . . . 3,670,000
(3) 50.20.353-Child Sexual Abuse and Exploitation Program . . .
978,000
Provisions:
1. Notwithstanding any other provision of law, the Office of
Emergency
Services may provide advance payment of up to 25 percent of grant
funds awarded to community-based, nonprofit organizations, cities,
school districts, counties, and other units of local government that
have
demonstrated cashflow problems according to the criteria set forth by
the
Office of Emergency Services.
0690-102-0597--For local assistance, Office of Emergency Services,
payable from the High Technology Theft Apprehension and Prosecution
Program Trust Fund . . . 13,518,000
Schedule:
(1) 50.30.562-High Technology Theft Apprehension and Prosecution
Program . . . 13,518,000
Provisions:
1. Funds appropriated in this item are for the High Technology
Theft
Apprehension and Prosecution Program, as established by Chapter 5.7
(commencing with Section 13848) of Title 6 of Part 4 of the Penal
Code, as amended by Chapter 555, Statutes of 1998, and shall be
deposited in the High Technology Theft Apprehension and Prosecution
Program Trust Fund, established pursuant to Section 13848.4 of the
Penal Code.
2. All grantees receiving funds appropriated in this item shall be
required
to provide matching funds equal to 25 percent of the amount of grant
funding received by them from the High Technology Theft Apprehension
and Prosecution Program Trust Fund.
0690-102-0890--For local assistance, Office of Emergency Services,
payable from the Federal Trust Fund . . . 131,323,000
Schedule:
(1) 50.20.151-Domestic Violence Program . . . 8,751,000
(2) 50.20.161-Violence Against Women Act . . . 12,990,000
(3) 50.20.171-Rural Domestic Violence/Child Victimization . . .
571,000
(4) 50.20.200-Mentoring Children . . . 260,000
(5) 50.20.451-Victims of Crime Act (VOCA) . . . 40,698,000
(6) 50.30.504-Project Safe Neighborhoods . . . 2,510,000
(7) 50.30.523-Forensic Sciences Improvement Act . . . 358,000
(8) 50.30.525-Child Justice Act . . . 1,775,000
(9) 50.30.550-Byrne State/Local Law Enforcement Assistance . . .
52,118,000
(10) 50.30.555-Residential Substance Abuse Treatment . . .
9,135,000
(11) 50.30.556-Local Law Enforcement Block Grants . . . 882,000
(12) 50.30.559-Peace Officer Protective Equipment . . . 1,275,000
Provisions:
1. Notwithstanding any other provision of law, the Office of
Emergency
Services may provide advance payment of up to 25 percent of grant
funds awarded to community-based, nonprofit organizations, cities,
school districts, counties, and other units of local government that
have
demonstrated cashflow problems according to the criteria set forth by
the
Office of Emergency Services.
2. Of the funds appropriated in this item, $224,000 of the amount
allocated for the Victims of Crime Act Program (50.20.451) shall be
provided for support of the Office of Victims Services within the
Department of Justice.
0690-112-0001--For local assistance, Office of Emergency Services,
for
disaster recovery costs . . . 53,219,000
Provisions:
1. The funds appropriated in this item are for the state's share
of response
and recovery costs for disasters.
0690-113-0001--For transfer by the Controller to the High
Technology
Theft Apprehension and Prosecution Program Trust Fund . . .
13,300,000
Provisions:
1. Funds appropriated in this item are for the High Technology
Theft
Apprehension and Prosecution Program, as established by Chapter 5.7
(commencing with Section 13848) of Title 6 of Part 4 of the Penal
Code,
as amended by Chapter 555 of the Statutes of 1998, and shall be
deposited in the High Technology Theft Apprehension and Prosecution
Program Trust Fund, established pursuant to Section 13848.4 of the
Penal Code.
0690-113-0890--For transfer by the Controller from the Federal
Trust
Fund to the High Technology Theft Apprehension and Prosecution
Program Trust Fund . . . 218,000
Provisions:
1. Funds appropriated in this item are for the High Technology
Theft
Apprehension and Prosecution Program established by Chapter 5.7
(commencing with Section 13848) of Title 6 of Part 4 of the Penal
Code,
and shall be deposited in the High Technology Theft Apprehension and
Prosecution Program Trust Fund, established pursuant to Section
13848.4 of the Penal Code.
0690-115-0001--For local assistance, Office of Emergency Services,
for
volunteer disaster service worker's compensation . . . 1,125,000
Provisions:
1. The funds appropriated in this item shall be used to pay
approved
volunteer disaster service worker's compensation claims and
administrative expenditures related to the payment of such claims by
the
State Compensation Insurance Fund.
2. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures in this item in excess of the amount
appropriated in this item for the purposes of paying unanticipated
volunteer disaster service workers' compensation claims and
administrative expenditures related to the payment of such claims.
The
Director of Finance may not approve any expenditure unless the
approval
is made in writing and filed with the Chairperson of the Joint
Legislative
Budget Committee and the chairperson of the committee in each house
that considers appropriations no later than 30 days prior to the
effective
date of approval, or prior to whatever lesser time the chairperson of
the
joint committee, or his or her designee, may determine.
0690-301-0001--For capital outlay, Office of Emergency Services .
. .
1,493,000
Schedule:
(1) 80.10.008-Sacramento: OES Headquarters Perimeter
Fence--Construction . . . 1,493,000
0750-001-0001--For support of Office of the Lieutenant Governor .
. .
2,787,000
0820-001-0001--For support of Department of Justice . . .
327,612,000
Schedule:
(1) 11.01-Directorate-Administration . . . 27,418,000
(2) 11.02-Distributed Directorate-Administration . . . -27,418,000
(3) 12.01-Legal Support and Technology Administration . . .
46,734,000
(4) 12.02-Distributed Legal Support and Technology Administration
. . .
-46,734,000
(5) 25-Executive Programs . . . 15,149,000
(6) 30-Civil Law . . . 119,953,000
(7) 40-Criminal Law . . . 96,113,000
(8) 45-Public Rights . . . 81,124,000
(9) 50-Law Enforcement . . . 181,688,000
(10) 60-California Justice Information Services . . . 163,693,000
(11) 65-Gambling Control . . . 15,577,000
(12) 70-Firearms . . . 12,265,000
(14) Reimbursements . . . -47,065,000
(15) Amount payable from the Attorney General Antitrust Account
(Item
0820-001-0012) . . . -1,224,000
(16) Amount payable from Hazardous Waste Control Account (Item
0820-001-0014) . . . -1,831,000
(17) Amount payable from the Fingerprint Fees Account (Item
0820-001-0017) . . . -64,898,000
(18) Amount payable from Firearms Safety Account (Item
0820-001-0032) . . . -322,000
(19) Amount payable from the Motor Vehicle Account, State
Transportation Fund (Item 0820-0010044) . . . -21,760,000
(20) Amount payable from the Department of Justice Sexual Habitual
Offender Fund (Item 0820-001-0142) . . . -2,729,000
(21) Amount payable from the Travel Seller Fund (Item
0820-0010158)
. . . -1,242,000
(22) Amount payable from Conservatorship Registry Fund (Item
0820-001-0195) . . . -50,000
(23) Amount payable from the Restitution Fund (Item 0820-001-0214)
.
. . -63,000
(24) Amount payable from the Sexual Predator Public Information
Account (Item 0820-001-0256) . . . -670,000
(25) Amount payable from the Indian Gaming Special Distribution
Fund
(Item 0820-001-0367) . . . -9,839,000
(26) Amount payable from the False Claims Act Fund (Item
0820-001-0378) . . . -11,686,000
(27) Amount payable from the Dealers' Record of Sale Special
Account
(Item 0820-001-0460) . . . -8,639,000
(28) Amount payable from the Toxic Substances Control Account
(Item
0820-001-0557) . . . -2,191,000
(29) Amount payable from the Department of Justice Child Abuse
Fund
(Item 0820-001-0566) . . . -336,000
(30) Amount payable from the Gambling Control Fund (Item
0820-001-0567) . . . -6,488,000
(31) Amount payable from the Gambling Control Fines and Penalties
Account (Item 0820-001-0569) . . . -46,000
(32) Amount payable from the Federal Trust Fund (Item
0820-0010890)
. . . -44,371,000
(33) Amount payable from the Federal Asset Forfeiture Account,
Special
Deposit Fund (Item 0820-001-0942) . . . -1,455,000
(34) Amount payable from the State Asset Forfeiture Account,
Special
Deposit Fund (Item 0820-011-0942) . . . -558,000
(35) Amount payable from the Firearms Safety and Enforcement
Special
Fund (Item 0820-001-1008) . . . -2,957,000
(36) Amount payable from the Missing Persons DNA Database Fund
(Item 0820-001-3016) . . . -3,071,000
(37) Amount payable from the Public Rights Law Enforcement Special
Fund (Item 0820-001-3053) . . . -5,304,000
(38) Amount payable from the Rate Payer Relief Fund (Item
0820-001-3061) . . . -12,208,000
(39) Amount payable from the DNA Identification Fund (Item
0820-001-3086) . . . -15,900,000
(40) Amount payable from the Unfair Competition Law Fund (Item
0820-001-3087) . . . -3,213,000
(40.5) Amount payable from the Registry of Charitable Trusts Fund
(Item
0820-001-3088) . . . -2,104,000
(41) Amount payable from the Legal Services Revolving Fund (Item
0820-001-9731) . . . -85,730,000
Provisions:
1. The Attorney General shall submit to the Legislature, the
Department
of Finance, and the Governor the quarterly and annual reports that he
or
she submits to the federal government on the activities of the
Medi-Cal
Fraud Unit.
2. Notwithstanding any other provision of law, the Department of
Justice
may purchase or lease vehicles of any type or class that, in the
judgment
of the Attorney General or his or her designee, are necessary to the
performance of the investigatory and enforcement responsibilities of
the
Department of Justice, from the funds appropriated for that purpose
in
this item.
3. Of the amount included in Schedule (6) of this item, $513,000
is
available for costs related to litigation for the 1986 and 1997
California
floods. Any funds not expended for this specific purpose shall revert
to
the General Fund.
4. The Department of Finance may submit a request for funding
pursuant
to Items 9840-001-0001, 9840-001-0494, and 9840-001-0988 if flood
litigation expenses exceed the amount appropriated for this purpose.
5. Of the amount included in Schedule (6) of this item, $1,452,000
is
available for costs related to the Lloyd's of London (Stringfellow)
litigation. Any funds not expended for this specific purpose as of
June
30, 2006, shall revert immediately to the General Fund.
6. Of the amount appropriated in this item, $283,000 shall be
transferred
to Item 0820-101-0001 in support of the Spousal Abuser Prosecution
Program as established in Chapter 2.5 (commencing with Section 273.8)
of Title 9 of Part 1 of the Penal Code.
0820-001-0012--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Attorney General Antitrust
Account . . . 1,224,000
0820-001-0014--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Hazardous Waste Control
Account . . . 1,831,000
0820-001-0017--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Fingerprint Fees Account,
pursuant to subdivision (e) of Section 11105 of the Penal Code . . .
64,898,000
0820-001-0032--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Firearms Safety Account . . .
322,000
0820-001-0044--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Motor Vehicle Account, State
Transportation Fund . . . 21,760,000
0820-001-0142--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Department of Justice Sexual
Habitual Offender Fund . . . 2,729,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
0820-001-0158--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Travel Seller Fund . . .
1,242,000
0820-001-0195--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Conservatorship Registry Fund .
. . 50,000
0820-001-0214--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Restitution Fund . . . 63,000
0820-001-0256--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Sexual Predator Public
Information Account . . . 670,000
Provisions:
1. Notwithstanding subparagraph (D) of paragraph (5) of
subdivision (a)
of Section 290.4 of the Penal Code, the Department of Justice may
expend the amount appropriated in this item.
0820-001-0367--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Indian Gaming Special
Distribution Fund . . . 9,839,000
0820-001-0378--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the False Claims Act Fund . . .
11,686,000
0820-001-0460--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Dealers' Record of Sale Special
Account . . . 8,639,000
Provisions:
1. Dealers' Record of Sale fees collected pursuant to the state
law for the
registration of assault weapons shall not exceed $20 per registrant.
0820-001-0557--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Toxics Substances Control
Account . . . 2,191,000
0820-001-0566--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from Department of Justice Child Abuse
Fund . . . 336,000
0820-001-0567--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from Gambling Control Fund . . .
6,488,000
0820-001-0569--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from Gambling Control Fines and
Penalties Account . . . 46,000
0820-001-0890--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Federal Trust Fund . . .
44,371,000
0820-001-0942--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Federal Asset Forfeiture
Account, Special Deposit Fund . . . 1,455,000
0820-001-1008--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Firearms Safety and
Enforcement Special Fund . . . 2,957,000
0820-001-3016--For support of Department of Justice, for payment
to
Item 0820-001-0001 payable from the Missing Persons DNA Database
Fund . . . 3,071,000
0820-001-3053--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Public Rights Law Enforcement
Special Fund . . . 5,304,000
Provisions:
1. Of the funds appropriated in this item $4,681,000 is for the
Corporate
Responsibility Unit. These funds may not be encumbered or expended
until the Corporate Responsibility Unit has recovered sufficient
funds to
cover its costs.
0820-001-3061--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Rate Payer Relief Fund . . .
12,208,000
0820-001-3086--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the DNA Identification Fund . . .
15,900,000
0820-001-3087--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Unfair Competition Law Fund . .
. 3,213,000
0820-001-3088--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Registry of Charitable Trusts
Fund . . . 2,104,000
0820-001-9731--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the Legal Services Revolving Fund .
. . 85,730,000
Provisions:
1. Notwithstanding Section 28.00, the Attorney General may augment
the
amount appropriated in the Legal Services Revolving Fund up to an
aggregate of 10 percent above the amount approved in this act for the
Civil Law Division and the Public Rights Division in cases where the
legal
representation needs of client agencies are secured by an interagency
agreement or letter of commitment and the corresponding expenditure
authority has not been provided in this item. The Attorney General
shall
notify the chairpersons of the budget committees, the Joint
Legislative
Budget Committee and the Department of Finance within 15 days after
the augmentation is made as to the amount and justification of the
augmentation, and the program that has been augmented.
0820-003-0001--For support of Department of Justice, for rental
payments on lease-revenue bonds . . . 2,422,000
Schedule:
(1) Base Rental and Fees . . . 2,411,000
(2) Insurance . . . 11,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
0820-011-0001--For transfer by the Controller, upon order of the
Director of Finance, from the General Fund to the Unfair Competition
Law Fund . . . (2,300,000)
Provisions:
1. The transfer made by this item is a loan to the Unfair
Competition Law
Fund. This loan shall be repaid by January 30, 2007, with interest
calculated at the rate earned by the Pooled Money Investment Account
at the time of the transfer.
0820-011-0942--For support of Department of Justice, for payment
to
Item 0820-001-0001, payable from the State Asset Forfeiture Account,
Special Deposit Fund . . . 558,000
0820-101-0001--For local assistance, Department of Justice . . .
2,762,000
Schedule:
(1) 40-Criminal law . . . 2,762,000
Provisions:
1. The funds appropriated in this item shall be allocated to
district
attorneys for vertical prosecution activities related to
implementation of
the Battered Women Protection Act of 1994, pursuant to Chapter 885 of
the Statutes of 1997.
0820-101-0214--For local assistance, Department of Justice . . .
2,937,000
Provisions:
1. The funds appropriated in this item shall be allocated to
support the
California Witness Protection Program, pursuant to Chapter 507,
Statutes of 1997. Any funds not expended for this specific purpose
shall
revert to the Restitution Fund.
2. The Department of Finance may authorize the transfer of up to
$150,000 from this item to Item 0820-001-0214 for the administration
of
the California Witness Protection Program, including the review of
appropriate policies and procedures for the submittal and review of
claims.
0820-101-0460--For local assistance, Department of Justice,
payable
from the Dealers' Record of Sale Special Account . . . 28,000
Schedule:
(1) 70-Firearms . . . 28,000
0820-101-0641--For local assistance, Department of Justice,
payable
from the Domestic Violence Restraining Order Reimbursement Fund . . .
1,918,000
Provisions:
1. The funds appropriated in this item shall be expended to
reimburse
local law enforcement or other criminal justice agencies pursuant to
Chapter 707 of the Statutes of 1998.
0820-111-0001--For transfer by the Controller to the Department of
Justice DNA Testing Fund . . . 225,000
Provisions:
1. The amount transferred in this item shall be expended to
reimburse
counties pursuant to Chapter 696 of the Statutes of 1998.
0820-111-0255--For local assistance, Department of Justice,
payable
from the Department of Justice DNA Testing Fund . . . 225,000
Provisions:
1. The funds appropriated in this item shall be expended to
reimburse
counties pursuant to Chapter 696 of the Statutes of 1998.
0820-301-0660--For capital outlay, Department of Justice, payable
from the Public Buildings Construction Fund . . . 9,793,000
Schedule:
(1) 85.60.020-Santa Rosa Replacement Laboratory--Construction . .
.
9,793,000
Provisions:
1. The State Public Works Board may issue lease revenue bonds,
notes,
or bond anticipation notes pursuant to Chapter 5 (commencing with
Section 15830) of Part 10b of Division 3 of Title 2 of the Government
Code to finance the construction of the project authorized by this
item.
2. The State Public Works Board and the Department of Justice may
obtain interim financing for the project costs authorized in this
item from
any appropriate source, including, but not limited to, Section
15849.1 of
the Government Code and the Pooled Money Investment Account
pursuant to Sections 16312 and 16313 of the Government Code.
3. The State Public Works Board may authorize the augmentation of
the
cost of construction of the projects scheduled in this item pursuant
to the
board's authority under Section 13332.11 of the Government Code. In
addition, the State Public Works Board may authorize any additional
amount necessary to establish a reasonable construction reserve and
to
pay the cost of financing, including the payment of interest during
construction of the projects, the costs of financing a debt service
fund,
and the cost of issuance of permanent financing for the project. This
additional amount may include interest payable on any interim
financing
obtained.
4. The Department of Justice is authorized and directed to execute
and
deliver any and all leases, contracts, agreements, or other documents
necessary or advisable to consummate the sale of bonds or otherwise
effectuate the financing of the scheduled projects.
5. The State Public Works Board shall not be deemed a lead or
responsible agency for purposes of the California Environmental
Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) for any activities under the State Building
Construction
Act of 1955 (Part l0b (commencing with Section 15800) of Division 3
of
Title 2 of the Government Code). This section does not exempt the
Department of Justice from the requirements of the California
Environmental Quality Act. This section is declarative of existing
law.
0840-001-0001--For support of State Controller . . . 76,244,000
Schedule:
(1) 100000-Personal Services . . . 80,568,836
(2) 300000-Operating Expenses and Equipment . . . 48,266,164
(2.5) Amount payable from various special and nongovernmental cost
funds (Section 25.25) . . . -7,887,000
(3) Reimbursements . . . -34,014,000
(4) Amount payable from the Motor Vehicle Fuel Account,
Transportation Tax Fund (Item 0840-001-0061) . . . -3,655,000
(5) Amount payable from the Highway Users Tax Account,
Transportation Tax Fund (Item 0840-001-0062) . . . -1,052,000
(6) Amount payable from the Local Revenue Fund (Item
0840-001-0330) . . . -507,000
(7) Amount payable from the State School Building Lease-Purchase
Fund (Item 0840-001-0344) . . . -426,000
(8) Amount payable from the Federal Trust Fund (Item
0840-001-0890)
. . . -1,258,000
(9) Amount payable from the State Penalty Fund (Item
0840-001-0903)
. . . -1,184,000
(10) Amount payable from various other unallocated nongovernmental
cost funds (Retail Sales Tax Fund) (Item 0840-001-0988) . . .
-220,000
(11) Amount payable from the 2002 State School Facilities Fund
(Item
0840-001-6036) . . . -426,000
(12) Amount payable from other unallocated special funds (Item
0840-011-0494) . . . -48,000
(13) Amount payable from unallocated bond funds (Item
0840-011-0797) . . . -185,000
(14) Amount payable from various other unallocated nongovernmental
cost funds (Item 0840-011-0988) . . . -44,000
(15) Amount payable from the Public Transportation Account, State
Transportation Fund (Section 25.50) . . . -17,000
(16) Amount payable from the Highway Users Tax Account,
Transportation Tax Fund (Section 25.50) . . . -525,000
(17) Amount payable from the Motor Vehicle License Fee Account,
Transportation Tax Fund (Section 25.50) . . . -34,000
(18) Amount payable from the DMV Local Agency Collection Fund
(Section 25.50) . . . -6,000
(19) Amount payable from the Trial Court Trust Fund (Section
25.50) . .
. -288,000
(20) Amount payable from the Timber Tax Fund (Section 25.50) . . .
-2,000
(21) Amount payable from the Public Safety Account, Local Public
Safety Fund (Section 25.50) . . . -396,000
(22) Amount payable from the Local Revenue Fund (Section 25.50) .
. .
-417,000
Provisions:
1. The appropriation made in this item shall be in lieu of the
appropriation
in Section 1564 of the Code of Civil Procedure for all costs,
expenses, or
obligations connected with the administration of the Unclaimed
Property
Law, with the exception of payment of owners' or holders' claims
pursuant to Section 1540, 1542, 1560, or 1561 of the Code of Civil
Procedure, or of payment of the costs of compensating contractors for
locating and recovering unclaimed property due the state.
2. Of the claims received for reimbursement of court-ordered or
voluntary desegregation programs pursuant to Sections 42243.6, 42247,
and 42249 of the Education Code, the Controller shall pay only those
claims that have been subjected to audit by school districts in
accordance
with the Controller's procedures manual for conducting audits of
education desegregation claims. Furthermore, the Controller shall pay
only those past year actual claims for desegregation program costs
that
are accompanied by all reports issued by the auditing entity, unless
the
auditing entity was the Controller.
3. No less than 0.9 personnel-year in the Audits Division shall be
used to
audit education desegregation claims.
4. The Controller may, with the concurrence of the Director of
Finance
and the Chairperson of the Joint Legislative Budget Committee, bill
affected state departments for activities required by Section 20050
of the
State Administrative Manual, relating to the administration of
federal
pass-through funds.
No billing may be sent to affected departments sooner than 30
days
after the Chairperson of the Joint Legislative Budget Committee has
been
no- tified by the Director of Finance that he or she concurs with
the
amounts specified in the billings.
5. (a) Notwithstanding subdivision (b) of Section 1531 of the Code
of
Civil Procedure, the Controller may publish notice in any manner that
the
Controller determines reasonable, provided that (1) none of the
moneys
used for this purpose is redirected from funding for the Controller's
audit
activities, (2) no photograph is used in the publication of notice,
and (3)
no elected official's name is used in the publication of notice.
(b) No funds appropriated in this act may be expended by the
Controller
to provide general information to the public, other than holders (as
defined in subdivision (e) of Section 1501 of the Code of Civil
Procedure) of unclaimed property, concerning the unclaimed property
program or possible existence of unclaimed property held by the
Controller's office, except for informational announcements to the
news
media, through the exchange of information on electronic bulletin
boards,
or no more than $15,000 per year to inform the public about this
program in activities already organized by the Controller for other
purposes. This restriction does not apply to sending individual
notices to
property owners (as required in subdivision (d) of Section 1531 of
the
Code of Civil Procedure).
6. Of the moneys appropriated to the Controller in this act, the
Controller
shall not expend more than $500,000 to conduct posteligibility fraud
audits of the Supplemental Security Income/State Supplementary
Payment Program.
7. The Commission on State Mandates shall provide, in applicable
parameters and guidelines, as follows:
(a) If a local agency or school district contracts with an
independent
contractor for the preparation and submission of reimbursement
claims,
the costs reimbursable by the state for that purpose shall not exceed
the
lesser of (1) 10 percent of the amount of the claims prepared and
submitted by the independent contractor, or (2) the actual costs that
would necessarily have been incurred for that purpose if performed by
employees of the local agency or school district.
(b) The maximum amount of reimbursement provided in subdivision
(a)
may be exceeded only if the local agency or school district
establishes, by
appropriate documentation, that the preparation and submission of
these
claims could not have been accomplished without incurring the
additional
costs claimed by the local agency or school district.
8. The funds appropriated to the Controller in this item may not
be
expended for any performance review or performance audit except
pursuant to specific statutory authority. It is the intent of the
Legislature
that audits conducted by the Controller, or under the direction of
the
Controller, shall be fiscal audits that focus on claims and
disbursements,
as provided for in Section 12410 of the Government Code. Any report,
audit, analysis, or evaluation issued by the Controller for the
2005-06
fiscal year shall cite the specific statutory or constitutional
provision
authorizing the preparation and release of the report, audit,
analysis, or
evaluation.
9. The Controller shall deliver his or her monthly report on
General Fund
cash receipts and disbursements within 10 days after the close of
each
month to the Joint Legislative Budget Committee, the fiscal
committees
of the Legislature, the Department of Finance, the Treasurer's
office, and
the Office of the Legislative Analyst.
10. For purposes of the review and payment of any claim for
reimbursement by local government submitted pursuant to Section
54954.4 of the Government Code, the Controller shall use the
procedures that were in effect at the time the claim was submitted.
11. Pursuant to subdivision (c) of Section 1564 of the Code of
Civil
Procedure, the Controller shall transfer all moneys in the Abandoned
Property Account in excess of $50,000 to the General Fund no less
frequently than at the end of each month. This transfer shall include
unclaimed Proposition 103 insurance rebate moneys pursuant to Section
1861.01 of the Insurance Code and Section 1523 of the Code of Civil
Procedure.
12. The Controller shall provide to the Department of Finance, the
Chairperson of the Joint Legislative Budget Committee, and the
chairpersons of the fiscal committees of each house of the
Legislature a
report that provides the following details by mandate: the level of
claims
requested; the amount reduced by the initial desk audit; the amount
paid;
and the results of a final audit and subsequent funding adjustments.
The
report is due on April 15, 2006, and will cover the first three
quarters of
the 2005-06 fiscal year.
0840-001-0061--For support of State Controller, for payment to
Item
0840-001-0001, payable from the Motor Vehicle Fuel Account,
Transportation Tax Fund . . . 3,655,000
0840-001-0062--For support of State Controller, for payment to
Item
0840-001-0001, payable from the Highway Users Tax Account,
Transportation Tax Fund . . . 1,052,000
0840-001-0330--For support of State Controller, for payment to
Item
0840-001-0001, payable from the Local Revenue Fund . . . 507,000
0840-001-0344--For support of State Controller, for payment to
Item
0840-001-0001, payable from the State School Building
Lease-Purchase Fund . . . 426,000
0840-001-0890--For support of State Controller, for payment to
Item
0840-001-0001, payable from the Federal Trust Fund . . . 1,258,000
0840-001-0903--For support of State Controller, for payment to
Item
0840-001-0001, payable from the State Penalty Fund . . . 1,184,000
0840-001-0988--For support of State Controller, for payment to
Item
0840-001-0001, payable from various other unallocated
nongovernmental cost funds (Retail Sales Tax Fund) . . . 220,000
0840-001-6036--For support of State Controller for payment to Item
0840-001-0001, payable from the 2002 State School Facilities Fund . .
.
426,000
0840-011-0494--For support of State Controller, for payment to
Item
0840-001-0001, payable from other unallocated special funds . . .
48,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures in excess of the amount appropriated in
this
item not sooner than 30 days after notification in writing of the
necessity
therefor is provided to the chairpersons of the fiscal committees and
the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the chairperson of the committee, or his or
her
designee, may in each instance determine.
0840-011-0797--For support of State Controller, for payment to
Item
0840-001-0001, payable from unallocated bond funds . . . 185,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures in excess of the amount appropriated in
this
item not sooner than 30 days after notification in writing of the
necessity
therefor is provided to the chairpersons of the fiscal committees and
the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the chairperson of the committee, or his or
her
designee, may in each instance determine.
0840-011-0988--For support of State Controller, for payment to
Item
0840-001-0001, payable from various other unallocated
nongovernmental cost funds . . . 44,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures in excess of the amount appropriated in
this
item not sooner than 30 days after notification in writing of the
necessity
therefor is provided to the chairpersons of the fiscal committees and
the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the chairperson of the committee, or his or
her
designee, may in each instance determine.
0840-101-0979--For allocation by the Controller from the
California
Firefighters' Memorial Fund . . . 500,000
Provisions:
1. The funds appropriated in this item are to be allocated as
follows:
(a) To the Franchise Tax Board and Controller for reimbursement of
costs incurred in connection with duties under Article 9 (commencing
with
Section 18801) of Chapter 3 of Part 10.2 of Division 2 of the Revenue
and Taxation Code.
(b) To the California Fire Foundation the balance in the fund for
the
construction of a memorial as authorized in that article.
0840-490--Reappropriation, State Controller's Office. The balance
of
the appropriation in Section 25.50 of the Budget Act of 2004 (Ch.
208,
Stats. 2004), is reappropriated for purposes provided for in that
appropriation and shall be available for encumbrance or expenditure
until
June 30, 2006.
0845-001-0217--For support of Department of Insurance, payable
from
the Insurance Fund . . . 156,145,000
Schedule:
(1) 10-Regulation of Insurance Companies and Insurance Producers .
. .
66,370,000
(2) 12-Consumer Protection . . . 47,919,000
(3) 20-Fraud Control . . . 40,054,000
(4) 30-Tax Collection and Audit . . . 2,061,000
(5) 50.01-Administration . . . 27,640,000
(6) 50.02-Distributed Administration . . . -27,649,000
(7) Reimbursements . . . -250,000
Provisions:
1. Of the funds appropriated in this item, the Controller shall
transfer
one-half of $4,767,000 upon passage of the Budget Act and the
remaining half on January 1, 2006, to the Department of Aging for
support of the Health Insurance Counseling and Advocacy Program.
2. Of the funds appropriated in this item, the Controller shall
transfer
one-half of $597,000 upon passage of the Budget Act and the remaining
half on January 1, 2006, to the State and Consumer Services Agency
for
support of the Office of Insurance Advisor, to provide assistance to
the
Governor on insurance-related matters. The unencumbered balance, as
determined by the State and Consumer Services Agency for the 2005-06
fiscal year, shall revert to the Insurance Fund.
3. Of the funds appropriated in this item, an amount not to exceed
$600,000 shall be used solely to cover intervenor compensation costs
allowable under subdivision (b) of Section 1861.10 of the Insurance
Code.
0845-101-0217--For local assistance, Department of Insurance,
payable
from the Insurance Fund . . . 44,757,000
Schedule:
(1) 12-Consumer Protection . . . 750,000
(2) 20-Fraud Control . . . 44,007,000
0850-001-0562--For support of the California State Lottery
Commission, for payment of expenses of the lottery, including all
costs
incurred in the operation and administration of the lottery, payable
from
the State Lottery Fund . . . (365,745,000)
Provisions:
1. Notwithstanding any other provision of law, the California
State
Lottery Commission shall submit to the Department of Finance, the
Joint
Legislative Budget Committee, and the budget committees of the
Legislature, all of the following:
(a) In conjunction with submission of the commission's quarterly
financial
statements, a report comparing estimated administrative costs to
budgeted administrative costs for the 2006-07 fiscal year. The report
shall be in sufficient detail that they may be used for legislative
review
purposes and for sustaining a thorough ongoing review of the
expenditures of the California State Lottery Commission. These
reports
shall include a reporting of the lottery sales revenues and shall
detail any
administrative funding that is used to supplement the prize pool of
any
lottery game.
(b) No later than January 10, 2006, a copy of the proposed
administrative budget for the California State Lottery Commission for
the
2006-07 fiscal year that is included in the Governor's Budget.
(c) No later than June 1, 2006, a copy of the proposed
administrative
budget and expected sales revenue for the California State Lottery
Commission for the 2006-07 fiscal year that is submitted to the
California
State Lottery Commission's Budget Committee. This report shall detail
any administrative funding that is proposed to be used to supplement
the
prize pool of any lottery game.
(d) No later than June 30, 2006, the final 2006-07 budget and
revenue
projectionsapproved by the California State Lottery Commission. The
report shall include any approved revision, and supporting
docu-mentation, to the June 1, 2006, proposed budget. The report
shall
detail any administrative funding that is proposed to be used to
supplement the prize pool of any lottery game.
0855-001-0367--For support of California Gambling Control
Commission, payable from the Indian Gaming Special Distribution Fund
.
. . 6,203,000
Schedule:
(1) 10-California Gambling Control Commission . . . 6,203,000
0855-001-0567--For support of California Gambling Control
Commission, payable from the Gambling Control Fund . . . 2,187,000
Schedule:
(1) 10-California Gambling Control Commission . . . 2,187,000
0855-101-0366--For local assistance, California Gambling Control
Commission, payable from the Indian Gaming Revenue Sharing Trust
Fund . . . 96,500,000
Provisions:
1. The funds appropriated in this item are for distribution to
noncompact
tribes pursuant to Section 12012.90 of the Government Code.
2. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for purposes of this item in excess of the
amount appropriated in this item. The Director of Finance may not
approve any expenditure unless the approval is made in writing and
filed
with the Chairperson of the Joint Legislative Budget Committee and
the
chairperson of the committee in each house that considers
appropriations
not later than 30 days prior to the effective date of approval, or
prior to
whatever lesser time the chairperson of the joint committee, or his
or her
designee, may determine.
3. As part of any request to augment this item, the California
Gambling
Control Commission shall provide the Chairperson of the Joint
Legislative
Budget Committee and the chairperson of the committee in each house
that considers appropriations a report identifying (a) the
methodology for
determining a noncompact tribe, (b) a list of the noncompact tribes
identified based on the commission's methodology, (c) a trust fund
condition report including the amount of revenue received from each
compact tribe, and (d) the amount of funds to be distributed to each
noncompact tribe. Upon receiving additional expenditure authority for
distributing funds under the trust fund, the commission shall submit
that
information to the chairpersons of the committees on a quarterly
basis
concurrent with the distribution of the funds to the noncompact
tribes.
0855-101-0367--For local assistance, California Gambling Control
Commission, payable from the Indian Gaming Special Distribution Fund
.
. . 50,000,000
Provisions:
1. Funds appropriated in this item shall be used to provide grants
to local
government agencies pursuant to Section 12715 of the Government
Code.
2. Notwithstanding any other provision of law, the Department of
Finance
may augment the amount available for expenditure in this item, if
sufficient
funds are available in the Indian Gaming Special Distribution Fund
after
fulfillment of the provisions of subdivision (g) of Section 12012.85
of the
Government Code.
0855-111-0367--For transfer by the Controller, upon order of the
Director of Finance, from the Indian Gaming Special Distribution
Fund, to
the Indian Gaming Revenue Sharing Trust Fund . . . (50,500,000)
0860-001-0001--For support of State Board of Equalization . . .
211,158,000
Schedule:
(1) 100000-Personal Services . . . 275,822,880
(2) 300000-Operating Expenses and Equipment . . . 89,199,120
(3) Reimbursements . . . -104,504,000
(4) Amount payable from the Breast Cancer Fund (Item
0860-001-0004) . . . -261,000
(5) Amount payable from the State Emergency Telephone Number
Account (Item 0860-001-0022) . . . -583,000
(6) Amount payable from the Motor Vehicle Fuel Account,
Transportation Tax Fund (Item 0860-001-0061) . . . -19,455,000
(7) Amount payable from the Occupational Lead Poisoning Prevention
Account (Item 0860-001-0070) . . . -637,000
(8) Amount payable from the Childhood Lead Poisoning Prevention
Fund
(Item 0860-001-0080) . . . -458,000
(9) Amount payable from the Cigarette and Tobacco Products Surtax
Fund (Item 0860-001-0230) . . . -3,455,000
(10) Amount payable from the Oil Spill Prevention and
Administration
Fund (Item 0860-001-0320) . . . -235,000
(11) Amount payable from the Integrated Waste Management Account,
Integrated Waste Management Fund (Item 0860-001-0387) . . .
-410,000
(12) Amount payable from the Underground Storage Tank Cleanup Fund
(Item 0860-001-0439) . . . -2,118,000
(13) Amount payable from the Energy Resources Programs Account
(Item 0860-001-0465) . . . -235,000
(14) Amount payable from the California Children and Families
First
Trust Fund (Item 0860-001-0623) . . . -4,698,000
(15) Amount payable from the Timber Tax Fund (Item 0860-001-0965)
. . . -2,069,000
(16) Amount payable from the Gas Consumption Surcharge Fund (Item
0860-001-3015) . . . -419,000
(17) Amount payable from the Water Rights Fund (Item 0860-0013058)
. . . -362,000
(18) Amount payable from the Electronic Waste Recovery and
Recycling
Account (Item 0860-001-3065) . . . -4,999,000
(19) Amount payable from the Cigarette and Tobacco Products
Compliance Fund (Item 0860-001-3067) . . . -8,966,000
Provisions:
1. It is the intent of the Legislature that all funds appropriated
to the
Board of Equalization for processing tax returns, auditing, and
collecting
owed tax amounts, shall be used in a manner consistent with both its
authorized budget and with the documents that were presented to the
Legislature for its review in support of that budget. The Board of
Equalization shall not reduce expenditures or redirect either funding
or
personnel resources away from direct auditing or collection
activities
without prior approval of the Director of Finance. The director shall
not
approve any such reduction or redirection sooner than 30 days after
providing notification to the Joint Legislative Budget Committee. No
such
position may be transferred from the organizational unit to which it
was
assigned in the 2005-06 Governor's Budget and the Salaries and Wages
Supplement as revised by legislative actions without the approval of
the
Department of Finance. Furthermore, the board shall expeditiously
fill
budgeted positions consistent with the funding provided in this act.
2. The Board of Equalization shall provide to the Chair of the
Joint
Legislative Budget Committee and the chairs of the fiscal committees
of
each house of the Legislature by April 1, 2006, a report containing
the
following information: (a) actual closure or consolidation
information for
the Torrance, Stockton, Eureka and New York offices, including:
relocation costs, lease buy-out costs, the number of staff affected,
current
disposition of those staff, and the revenues generated annually by
each
office prior to closure, (b) a comprehensive description of the
decision
criteria used to close or consolidate those field offices, (c) the
estimated
impact on all board-collected tax revenues from field office
consolidations
identified in (a) above, (d) the procedures for ongoing evaluation of
field
office performance and potential for consolidation and closures, and
(e)
the board's strategic plan for district office facilities as it
relates to growth
in electronic filing and processing. The board shall also report on
the
number of single-entity electronic filers, subdivided by the closest
field
office. Data provided shall include one-time and ongoing budgetary
and
revenue impacts. The information shall also be provided to the
Department of Finance.
0860-001-0004--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Breast Cancer Fund
. . . 261,000
Provisions:
1. Notwithstanding Section 30461.6 of the Revenue and Taxation
Code,
or any other provision of law, sufficient funds to cover the costs of
the
State Board of Equalization for the collection and enforcement of
fees to
be deposited in the Breast Cancer Fund shall be retained in the fund,
and
be available to be appropriated to the board.
0860-001-0022--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the State Emergency
Telephone Number Account . . . 583,000
0860-001-0061--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Motor Vehicle Fuel
Account, Transportation Tax Fund . . . 19,455,000
0860-001-0070--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Occupational Lead
Poisoning Prevention Account . . . 637,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified by Section
13332.18 of the Government Code.
0860-001-0080--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Childhood Lead
Poisoning Prevention Fund . . . 458,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified by Section
13332.18 of the Government Code.
0860-001-0230--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Cigarette and
Tobacco Products Surtax Fund . . . 3,455,000
0860-001-0320--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Oil Spill Prevention
and Administration Fund . . . 235,000
0860-001-0387--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Integrated Waste
Management Account, Integrated Waste Management Fund . . . 410,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified by Section
13332.18 of the Government Code.
0860-001-0439--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Underground
Storage Tank Cleanup Fund . . . 2,118,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
0860-001-0465--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Energy Resources
Programs Account . . . 235,000
0860-001-0623--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the California Children
and Families First Trust Fund . . . 4,698,000
0860-001-0965--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Timber Tax Fund . .
. 2,069,000
0860-001-3015--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Gas Consumption
Surcharge Fund . . . 419,000
0860-001-3058--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Water Rights Fund .
. . 362,000
0860-001-3065--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Electronic Waste
Recovery and Recycling Account . . . 4,999,000
0860-001-3067--For support of State Board of Equalization, for
payment to Item 0860-001-0001, payable from the Cigarette and
Tobacco Products Compliance Fund . . . 8,966,000
0890-001-0001--For support of Secretary of State . . . 21,874,000
Schedule:
(1) 100000-Personal Services . . . 30,870,000
(2) 300000-Operating Expenses and Equipment . . . 21,006,000
(3) Special Item of Expense-Election Related Costs . . .
11,460,000
(4) Reimbursements . . . -7,339,000
(5) Amount payable from the Secretary of State's Business Fees
Fund
(Item 0890-001-0228) . . . -30,823,000
(6) Amount payable from the Federal Trust Fund (Item 0890-0010890)
.
. . -1,700,000
(7) Amount payable from the Victims of Corporate Fraud
Compensation
Fund (Item 0890-001-3042) . . . -1,600,000
Provisions:
1. The Secretary of State may not expend any special handling fees
authorized by Chapter 999 of the Statutes of 1999 that are collected
in
excess of the cost of administering those special handling fees
unless
specifically authorized by the Legislature.
2. Of the amounts appropriated in this item, $1,700,000 shall be
used for
operational costs associated with implementation of the Help America
Vote Act.
0890-001-0228--For support of Secretary of State, for payment to
Item
0890-001-0001, payable from the Secretary of State's Business Fees
Fund . . . 30,823,000
0890-001-0890--For support of Secretary of State, for payment to
Item
0890-001-0001, payable from the Federal Trust Fund . . . 1,700,000
0890-001-3042--For support of Secretary of State, for payment to
Item
0890-001-0001, payable from the Victims of Corporate Fraud
Compensation Fund . . . 1,600,000
0890-003-0001--For support of Secretary of State, for rental
payments
on lease-revenue bonds . . . 9,432,000
Schedule:
(1) Base Rental and Fees . . . 9,408,000
(2) Structural Insurance . . . 74,000
(3) Reimbursements . . . -50,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
0890-003-0228--For support of Secretary of State, for rental
payments
on lease-revenue bonds, payable from the Secretary of State's
Business
Fees Fund . . . 2,978,000
Schedule:
(1) Base Rental and Fees . . . 2,971,000
(2) Structural Insurance . . . 23,000
(3) Reimbursements . . . -16,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as other-wise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
0890-490--Reappropriation, Secretary of State. The balances of the
appropriations provided in the following citations are reappropriated
for
the purposes provided for in the appropriations and shall be
available for
encumbrance or expenditure until June 30, 2006:
0890--Federal Trust Fund
(1) Item 0890-001-0890, Budget Act of 2004 (Ch. 208, Stats. 2004)
(2) Item 0890-101-0890, Budget Act of 2004 (Ch. 208, Stats. 2004)
Provisions:
1. Funds shall be used consistent with the March 11, 2005 Help
America
Vote Act spending plan as approved by the Department of Finance. The
amounts spent on each activity shall not exceed the following
maximums:
(a) County voting equipment grants . . . 195,000,000
(b) Voter registration cards . . . 1,111,000
(c) Voting system review . . . 25,000
(d) Punch card replacement . . . 3,205,657
(e) Disabilities grants . . . 2,357,711
2. Notwithstanding any other provision of law, any funds not
needed for
an activitity authorized in Provision 1 shall not be redirected to
other
activities and are not authorized for expenditure.
3. The Secretary of State shall forward to the Chairperson of the
Joint
Legislative Budget Committee copies of quarterly reports sent to the
Department of Finance.
4. At the time of authorizing any reappropriation under this item,
the
Department of Finance shall report to the Chairperson of the Joint
Legislative Budget Committee the amount and the purposes for which
the
funds are being reappropriated.
5. Funds designated for the statewide database shall be authorized
for
expenditure by the Department of Finance not sooner than 30 days
after
notification in writing by the Department of Finance to the
Chairperson of
the Joint Legislative Budget Committee of its approval of a
feasibility
study report. The notification shall include a copy of the approved
report, any conditions of the approval, and detailed information
regarding
how the funds shall be used.
6. Notwithstanding any other provision of law, the Secretary of
State
shall not enter into a contract for the development of a new
statewide
voter registration database prior to May 1, 2006. Any such contract
shall
be subject to the notification and other requirements under Section
11.00.
The validity of any such contract shall be contingent upon the
appropriation of funding in future budget acts. During the 2005-06
fiscal
year, the Secretary of State may also contract for assistance in the
development of any necessary procurement documents.
0950-001-0001--For support of State Treasurer . . . 6,068,000
Schedule:
(1) 100000-Personal Services . . . 17,297,000
(2) 300000-Operating Expenses and Equipment . . . 5,418,000
(3) Reimbursements . . . -16,647,000
Provisions:
1. The Director of Finance may authorize a loan from the General
Fund,
in an amount not to exceed the level of reimbursements appropriated
in
Schedule (3) of this item to the State Treasurer's office, provided
that:
(a) The loan is to meet cash needs resulting from a delay in
receipt of
reimbursements.
(b) The loan is short term, and shall be repaid within two months.
(c) Interest charges may be waived pursuant to subdivision (e) of
Section
16314 of the Government Code.
(d) The Director of Finance may not approve the loan unless the
approval
is made in writing and filed with the Chairperson of the Joint
Legislative
Budget Committee and the chairperson of the committees in each house
that considers appropriations not later than 30 days prior to the
effective
date of the approval, or not sooner than whatever lesser time the
chairperson of the joint committee or his or her designee may
determine.
(e) At the end of the two-month term of the loan, the State
Treasurer's
office shall notify the Chairperson of the Joint Legislative Budget
Committee whether the State Treasurer's office has repaid the loan
pursuant to subdivision (b).
0954-001-0001--For support of the Scholarshare Investment Board .
. .
1,100,000
Schedule:
(1) 20-Governor's Scholars Programs . . . 1,117,000
(2) 97.20.001-Unallocated Reduction . . . -17,000
Provisions:
1. Funds appropriated in this item are for the purpose of
administering the
Governor's Scholars Program and the Governor's Math and Science
Scholars Program, established pursuant to Article
20 (commencing with Section 69995) of Chapter
2 of Part 42 of the Education Code.
0954-001-0564--For support of the Scholarshare Investment Board,
payable from the Scholarshare Administrative Fund . . . 1,006,000
Schedule:
(1) 10-Golden State Scholarshare Trust Program . . . 1,006,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for the Scholarshare Investment Board in
excess of the amount appropriated not sooner than 30 days after
notification in writing of the necessity therefor is provided to the
chairpersons of the fiscal committees and the Chairperson of the
Joint
Legislative Budget Committee, or not sooner than whatever lesser
time
the chairperson of the committee, or his or her designee, may in each
instance determine.
2. Notwithstanding Provision 1 of Item 7980-011-0001 of Section 2
of
Chapter 50 of the Statutes of 1999, the $829,000 General Fund loan
made to the Scholarshare Administrative Fund shall be repaid over a
period of seven years, with payments beginning no later than the
2002-03
fiscal year and ending no later than June 30, 2007. This loan shall
be
repaid with interest calculated at the rate earned by the Pooled
Money
Investment Account.
0956-001-0171--For support of California Debt and Investment
Advisory Commission, payable from the California Debt and Investment
Advisory Commission Fund . . . 2,035,000
Schedule:
(1) 10-California Debt and Investment Advisory Commission . . .
2,135,000
(2) Reimbursements . . . -100,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for the California Debt and Investment
Advisory Commission in excess of the amount appropriated not sooner
than 30 days after notification in writing of the necessity therefor
is
provided to the chairpersons of the fiscal committees and the
Chairperson
of the Joint Legislative Budget Committee, or not sooner than
whatever
lesser time the chairperson of the committee, or his or her designee,
may
in each instance determine.
0959-001-0169--For support of California Debt Limit Allocation
Committee, payable from the California Debt Limit Allocation
Committee
Fund . . . 1,128,000
Schedule:
(1) 10-Debt Limit Allocation Committee . . . 1,128,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for the California Debt Limit Allocation
Committee in excess of the amount appropriated not sooner than 30
days
after notification in writing of the necessity therefor is provided
to the
chairpersons of the fiscal committees and the Chairperson of the
Joint
Legislative Budget Committee, or not sooner than whatever lesser time
the chairperson of the committee, or his or her designee, may in each
instance determine.
0965-001-0215--For support of California Industrial Development
Financing Advisory Commission, payable from the Industrial
Development Fund . . . 484,000
Schedule:
(1) 10-Industrial Development Financing Advisory Commission . . .
559,000
(2) Reimbursements . . . -75,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for the California Industrial Development
Financing Advisory Commission in excess of the amount appropriated
not sooner than 30 days after notification in writing of the
necessity
therefor is provided to the chairpersons of the fiscal committees and
the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the chairperson of the committee, or his or
her
designee, may in each instance determine.
0968-001-0448--For support of California Tax Credit Allocation
Committee, payable from the Occupancy Compliance Monitoring
Account, Tax Credit Allocation Fee Account . . . 1,347,000
Schedule:
(1) 10-California Tax Credit Allocation Committee . . . 1,377,000
(2) Reimbursements . . . -30,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for the California Tax Credit Allocation
Committee in excess of the amount appropriated not sooner than 30
days
after notification in writing of the necessity therefor is provided
to the
chairpersons of the fiscal committees and the Chairperson of the
Joint
Legislative Budget Committee, or not sooner than whatever lesser time
the chairperson of the committee, or his or her designee, may in each
instance determine.
0968-001-0457--For support of California Tax Credit Allocation
Committee, payable from the Tax Credit Allocation Fee Account . . .
1,655,000
Schedule:
(1) 10-California Tax Credit Allocation Committee . . . 1,685,000
(2) Reimbursements . . . -30,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for the California Tax Credit Allocation
Committee in excess of the amount appropriated not sooner than 30
days
after notification in writing of the necessity therefor is provided
to the
chairpersons of the fiscal committees and the Chairperson of the
Joint
Legislative Budget Committee, or not sooner than whatever lesser time
the chairperson of the committee, or his or her designee, may in each
instance determine.
0968-001-3038--For support of California Tax Credit Allocation
Committee, payable from the Community Revitalization Fee Fund . . .
92,000
Schedule:
(1) 20-Community Revitalization Program . . . 92,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for the California Tax Credit Allocation
Committee in excess of the amount appropriated not sooner than 30
days
after notification in writing of the necessity therefor is provided
to the
chairpersons of the fiscal committees and the Chairperson of the
Joint
Legislative Budget Committee, or not sooner than whatever lesser
time
the chairperson of the committee, or his or her designee, may in each
instance determine.
0971-001-0528--For support of California Alternative Energy and
Advanced Transportation Financing Authority, payable from the
California Alternative Energy Authority Fund . . . 203,000
Schedule:
(1) 10-California Alternative Energy and Advanced Transportation
Financing Authority . . . 203,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for the California Alternative Energy and
Advanced Transportation Financing Authority in excess of the amount
appropriated not sooner than 30 days after notification in writing of
the
necessity therefor is provided to the chairpersons of the fiscal
committees
and the Chairperson of the Joint Legislative Budget Committee, or
not
sooner than whatever lesser time the chairperson of the joint
committee,
or his or her designee, may in each instance determine.
0977-001-6046--For the support of California Health Facilities
Financing Authority, payable from the Children's Hospital Fund . . .
289,000
Schedule:
(1) 30-Children's Hospital Program . . . 289,000
0985-001-0890--For support of California School Finance Authority,
payable from the Federal Trust Fund . . . 225,000
Schedule:
(1) 20-Charter School Facilities Program . . . 225,000
0985-001-6040--For support of California School Finance Authority,
payable from the Charter School Facilities Account, 2002 State School
Facilities Fund . . . 543,000
Schedule:
(1) 20-Charter School Facilities Program . . . 543,000
0985-101-0890--For local assistance, California School Finance
Authority, State Charter School Facilities Incentive Grant Program,
payable from the Federal Trust Fund . . . 19,475,000
Provisions:
1. Of the amount appropriated in this item, up to $9,725,000 may
be
used to reimburse charter schools for facility costs incurred in the
2004-05 fiscal year. The remainder shall be used to reimburse charter
schools for facility costs anticipated in the 2005-06 fiscal year. No
charter school receiving funds under the program authorized under
this
provision shall receive funding in excess of 75 percent of annual
lease
costs through this program or in combination with any other source of
funding provided in this or any other act.
STATE AND CONSUMER SERVICES
1100-001-0001--For support of California Science Center . . .
11,787,000
Schedule:
(1) 10-Education . . . 11,148,000
(2) 20-Exposition Park Management . . . 4,261,000
(3) 30-California African-American Museum . . . 2,110,000
(4) 40.01-Administration . . . 1,176,000
(5) 40.02-Distributed Administration . . . -1,176,000
(6) 97.20.001-Unallocated Reduction . . . -183,000
(7) Reimbursements-Education . . . -1,213,000
(8) Reimbursements-Exposition Park Management . . . -350,000
(9) Reimbursements-California African-American Museum . . .
-75,000
(10) Amount payable from the Exposition Park Improvement Fund
(Item
1100-001-0267) . . . -3,911,000
1100-001-0267--For support of California Science Center, for
payment
to Item 1100-001-0001, payable from the Exposition Park Improvement
Fund . . . 3,911,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Government Code Section 13332.18.
1100-003-0001--For support of the California Science Center, for
rental
payments on lease-revenue bonds . . . 2,738,000
Schedule:
(1) Base Rental and Fees . . . 2,702,000
(2) Insurance . . . 37,000
(3) Reimbursements . . . -1,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
1100-497--Reversion, California Science Center. As of June 30,
2005,
the unencumbered balance of the appropriation provided for in the
following citation shall revert to the balance of the fund from which
the
appropriation was made:
0660--Public Buildings Construction Fund
(1) Item 1100-301-0660, Budget Act of 2002 (Ch. 379, Stats. 2002)
(1) 11.01-Science Center Phase II--Construction
1110-001-0024--For support of State Board of Guide Dogs for the
Blind, Program 54, payable from the State Board of Guide Dogs for the
Blind Fund . . . 153,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0069--For support of the State Board of Barbering and
Cosmetology, payable from the Barbering and Cosmetology Fund . . .
14,326,000
Schedule:
(1) 22-Board of Barbering and Cosmetology . . . 14,383,000
(2) Reimbursements . . . -57,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0093--For support of Contractors' State License Board,
for
payment to Item 1110-001-0735, payable from the Construction
Management Education Account . . . 15,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0108--For support of Acupuncture Board, payable from the
Acupuncture Fund . . . 2,274,000
Schedule:
(1) 56-Acupuncture Board . . . 2,297,000
(2) Reimbursements . . . -23,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0175--For support of Medical Board of California,
Registered Dispensing Opticians, for payment to Item 1110-001-0758,
payable from the Dispensing Opticians Fund . . . 265,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0205--For support of Board for Geologists and
Geophysicists, Program 51, payable from the Geology and Geophysics
Fund . . . 969,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0210--For support of Medical Board of California,
Outpatient Setting, for payment to Item 1110-001-0758, payable from
the Outpatient Setting Fund of the Medical Board of California . . .
24,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0264--For support of Osteopathic Medical Board of
California, payable from the Osteopathic Medical Board of California
Contingent Fund . . . 1,082,000
Schedule:
(1) 70-Osteopathic Medical Board of California . . . 1,132,000
(2) Reimbursements . . . -50,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Government Code Section 13332.18.
1110-001-0280--For support of Physician Assistant Committee,
payable from the Physician Assistant Fund . . . 943,000
Schedule:
(1) 59-Physician Assistant Committee . . . 968,000
(2) Reimbursements . . . -25,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0295--For support of California Board of Podiatric
Medicine,
payable from the Board of Podiatric Medicine Fund . . . 1,150,000
Schedule:
(1) 61-California Board of Podiatric Medicine . . . 1,154,000
(2) Reimbursements . . . -4,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0310--For support of Board of Psychology, payable from
the
Psychology Fund . . . 3,016,000
Schedule:
(1) 62-Board of Psychology . . . 3,067,000
(2) Reimbursements . . . -51,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0319--For support of Respiratory Care Board of
California,
payable from the Respiratory Care Fund . . . 2,571,000
Schedule:
(1) 64-Respiratory Care Board of California . . . 2,637,000
(2) Reimbursements . . . -66,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0326--For support of State Athletic Commission, payable
from the State Athletic Commission Fund . . . 815,000
Schedule:
(1) 9-State Athletic Commission . . . 1,015,000
(2) Amount payable from the Boxer's Pension Fund (Item
1110-002-9250) . . . -93,000
(3) Amount payable from the Boxer's Neurological Examination
Account
(Item 1110-001-0492) . . . -107,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0376--For support of the Speech-Language Pathology and
Audiology Board, payable from the Speech-Language Pathology and
Audiology Fund . . . 609,000
Schedule:
(1) 65-Speech-Language Pathology and Audiology Board . . . 633,000
(2) Reimbursements . . . -24,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0380--For support of the Committee on Dental Auxiliaries,
Board of Dentistry, payable from the State Dental Auxiliary Fund . .
.
1,653,000
Schedule:
(1) 36.20-Committee on Dental Auxiliaries . . . 1,675,000
(2) Reimbursements . . . -22,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0399--For support of Structural Pest Control Board, for
payment to Item 1110-001-0775, payable from the Structural Pest
Control Education and Enforcement Fund . . . 286,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0492--For support of State Athletic Commission, for
payment
to Item 1110-001-0326, payable from the Boxer's Neurological
Examination Account . . . 107,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0704--For support of California Board of Accountancy,
payable from the Accountancy Fund, Professions and Vocations Fund . .
. 9,836,000
Schedule:
(1) 3-California Board of Accountancy . . . 10,040,000
(2) Reimbursements . . . -204,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0706--For support of California Architects Board, payable
from the California Architects Board Fund . . . 2,864,000
Schedule:
(1) 06.10.010-California Architects Board . . . 2,895,000
(2) 06.10.020-Distributed Cost-Architects/Landscape Architects . .
.
-26,000
(3) Reimbursements . . . -5,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0735--For support of Contractors' State License Board,
payable from the Contractors' License Fund . . . 51,075,000
Schedule:
(1) 30-Contractors' State License Board . . . 51,443,000
(2) Reimbursements . . . -353,000
(3) Amount payable from the Construction Management Education
Account (Item 1110-001-0093) . . . -15,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
2. The Secretary for State and Consumer Services shall report to
the
Director of Finance, and the Joint Legislative Budget Committee on
the
progress of the Underground Economy Enforcement and shall provide
justification for its continuance by September 13, 2007.
1110-001-0741--For support of Dental Board of California, Board of
Dentistry, payable from the State Dentistry Fund . . . 8,380,000
Schedule:
(1) 36.10-Dental Board of California . . . 8,550,000
(2) Reimbursements . . . -170,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0757--For support of California Architects Board,
Landscape Architect Technical Committee, Program 06.20, payable
from California Architects Board Fund-Landscape Architects Fund . . .
1,068,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0758--For support of Medical Board of California, payable
from the Contingent Fund of the Medical Board of California . . .
42,568,000
Schedule:
(1) 55.10.010-Medical Board of California . . . 43,665,000
(2) 55.15-Registered Dispensing Opticians . . . 265,000
(3) 55.17-Outpatient Setting . . . 24,000
(4) 55.10.020-Distributed Medical Board of California . . .
-713,000
(5) Reimbursements . . . -384,000
(6) Amount payable from the Dispensing Opticians Fund (Item
1110-001-0175) . . . -265,000
(7) Amount payable from the Outpatient Setting Fund of the Medical
Board of California (Item 1110-001-0210) . . . -24,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0759--For support of Physical Therapy Board of
California,
payable from the Physical Therapy Fund . . . 2,524,000
Schedule:
(1) 58-Physical Therapy Board of California . . . 2,623,000
(2) Reimbursements . . . -99,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0761--For support of Board of Registered Nursing, payable
from the Board of Registered Nursing Fund, Professions and Vocations
Fund . . . 19,504,000
Schedule:
(1) 78-Board of Registered Nursing . . . 20,518,000
(2) Reimbursements . . . -1,014,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0763--For support of State Board of Optometry, payable
from the State Optometry Fund, Professions and Vocations Fund . . .
1,465,000
Schedule:
(1) 69-State Board of Optometry . . . 1,471,000
(2) Reimbursements . . . -6,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0767--For support of California State Board of Pharmacy,
payable from the Pharmacy Board Contingent Fund, Professions and
Vocations Fund . . . 7,982,000
Schedule:
(1) 72-California State Board of Pharmacy . . . 8,233,000
(2) Reimbursements . . . -251,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0770--For support of Board for Professional Engineers and
Land Surveyors, payable from the Professional Engineers' and Land
Surveyors' Fund . . . 7,765,000
Schedule:
(1) 75-Board for Professional Engineers and Land Surveyors . . .
7,781,000
(2) Reimbursements . . . -16,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0771--For support of Court Reporters Board of California,
payable from the Court Reporters Fund . . . 727,000
Schedule:
(1) 81-Court Reporters Board of California . . . 745,000
(2) Reimbursements . . . -18,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0773--For support of Board of Behavioral Science, payable
from the Behavioral Science Examiners Fund, Professions and Vocations
Fund . . . 4,809,000
Schedule:
(1) 18-Board of Behavioral Science . . . 4,985,000
(2) Reimbursements . . . -176,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0775--For support of Structural Pest Control Board,
payable
from the Structural Pest Control Fund, Professions and Vocations Fund
.
. . 3,596,000
Schedule:
(1) 84-Structural Pest Control Board . . . 3,884,000
(2) Reimbursements . . . -2,000
(3) Amount payable from the Structural Pest Control Education and
Enforcement Fund (Item 1110-001-0399) . . . -286,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0777--For support of Veterinary Medical Board, payable
from the Veterinary Medical Board Contingent Fund . . . 1,962,000
Schedule:
(1) 90-Veterinary Medical Board . . . 1,988,000
(2) Reimbursements . . . -26,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-0779--For support of Board of Vocational Nurse and
Psychiatric Technician Examiners, payable from the Vocational Nurse
Examiners Fund . . . 5,357,000
Schedule:
(1) 91.10.010-Vocational Nurses Program . . . 5,746,000
(2) 91.10.020-Distributed Vocational Nurses . . . -37,000
(3) Reimbursements . . . -352,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-001-0780--For support of Board of Vocational Nurse and
Psychiatric Technician Examiners, payable from the Psychiatric
Technicians Account, Vocational Nurse and Psychiatric Technician
Examiners Fund . . . 1,251,000
Schedule:
(1) 91.20-Psychiatric Technician Program . . . 1,273,000
(2) Reimbursements . . . -22,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-001-3017--For support of California Board of Occupational
Therapy, payable from the Occupational Therapy Fund . . . 741,000
Schedule:
(1) 67-California Board of Occupational Therapy . . . 763,000
(2) Reimbursements . . . -22,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1110-002-9250--For support of State Athletic Commission, for
payment
to Item 1110-001-0326, payable from the Boxer's Pension Fund . . .
93,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1110-101-0093--For local assistance, Contractors' State License
Board, Department of Consumer Affairs, payable from the Construction
Management Education Account . . . 239,000
1111-002-0166--For support of the Arbitration Certification
Program,
Department of Consumer Affairs, payable from the Consumer
Affairs-Certification Account . . . 875,000
Schedule:
(1) 23-Arbitration Certification Program . . . 875,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1111-002-0208--For support of the Hearing Aid Dispensers Bureau,
Department of Consumer Affairs, payable from the Hearing Aid
Dispensers Fund . . . 686,000
Schedule:
(1) 24-Hearing Aid Dispensers Bureau . . . 695,000
(2) Reimbursements . . . -9,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section 13332.18 of the Government Code.
1111-002-0239--For support of the Bureau of Security and
Investigative
Services, Department of Consumer Affairs, payable from the Private
Security Services Fund . . . 7,241,000
Schedule:
(1) 25.10.010-Bureau of Security and Investigative Services,
Private
Security Services Program . . . 9,695,000
(2) 25.10.020-Distributed Private Security Services . . . -104,000
(3) Reimbursements . . . -2,350,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1111-002-0305--For support of the Bureau for Private Postsecondary
and Vocational Education, Department of Consumer Affairs, payable
from the Private Postsecondary Education Administration Fund . . .
5,952,000
Schedule:
(1) 27.10.010-Bureau for Private Postsecondary and Vocational
Education . . . 6,142,000
(2) 27.10.020-Distributed Private Postsecondary and Vocational
Education . . . -110,000
(3) Reimbursements . . . -80,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1111-002-0325--For support of the Bureau of Electronic and
Appliance
Repair, Department of Consumer Affairs, payable from the Electronic
and Appliance Repair Fund . . . 2,014,000
Schedule:
(1) 28-Bureau of Electronic and Appliance Repair . . . 2,027,000
(2) Reimbursements . . . -13,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1111-002-0421--For support of the Bureau of Automotive Repair,
Department of Consumer Affairs, payable from the Vehicle Inspection
and Repair Fund . . . 100,720,000
Schedule:
(1) 31.10.016-Automotive Repair and Smog Check Programs . . .
100,909,000
(2) 31.10.090-Distributed Automotive Repair and Smog Check
Programs . . . -71,000
(3) Reimbursements . . . -118,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1111-002-0459--For support of the Telephone Medical Advice
Services Program, Department of Consumer Affairs, payable from the
Telephone Medical Advice Services Fund . . . 145,000
Schedule:
(1) 37-Telephone Medical Advice Services Program . . . 145,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1111-002-0582--For support of the Bureau of Automotive Repair,
Department of Consumer Affairs, payable from the High Polluter Repair
or Removal Account . . . 39,832,000
Schedule:
(1) 31.20.016-Vehicle Repair Assistance . . . 15,789,000
(2) 31.20.030-Vehicle Retirement . . . 16,300,000
(3) 31.20.040-Program Administration . . . 7,743,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
2. Notwithstanding Section 26.00 of this act, the Department of
Finance
may authorize transfers among and between Schedules (1) and (2) of
this
item. Any transfer made pursuant to this provision shall be reported
in
writing to the chairpersons of the fiscal
committees of each house of the
Legislature, and the Chairperson of the Joint Legislative Budget
Committee within 30 days of the date of the transfer.
1111-002-0702--For support of Department of Consumer Affairs,
payable from the Consumer Affairs Fund, Professions and Vocations
Fund . . . 0
Schedule:
(1) 35.10.010-Administrative and Information Services Division . .
.
38,087,000
(2) 35.10.015-Communications and Education Division . . .
1,398,000
(3) 35.10.020-Consumer Relations and Outreach Division . . .
10,133,000
(4) 35.10.025-Division of Investigation . . . 7,328,000
(4.5) 35.10.030-DCA Workers' Compensation . . . 6,350,000
(5) 35.20.010-Distributed Administrative and Information Services
Division . . . -37,512,000
(6) 35.20.015-Distributed Communications and Education Division .
. .
-1,342,000
(7) 35.20.020-Distributed Consumer Relations and Outreach Division
. .
. -10,133,000
(8) 35.20.025-Distributed Division of Investigation . . .
-7,328,000
(8.5) 35.20.030-Distributed DCA Workers' Compensation . . .
-6,350,000
(9) Reimbursements . . . -631,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1111-002-0717--For support of the Cemetery and Funeral Bureau,
Department of Consumer Affairs, payable from the Cemetery Fund,
Professions and Vocations Fund . . . 2,085,000
Schedule:
(1) 38.10.005-Cemetery Program . . . 2,319,000
(2) 38.10.010-Distributed Cemetery Program . . . -115,000
(3) Reimbursements . . . -119,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1111-002-0750--For support of the Cemetery and Funeral Bureau,
Department of Consumer Affairs, payable from the State Funeral
Directors and Embalmers Fund, Professions and Vocations Fund . . .
1,516,000
Schedule:
(1) 38.20-Funeral Directors and Embalmers Program . . . 1,528,000
(2) Reimbursements . . . -12,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1111-002-0752--For support of the Bureau of Home Furnishings and
Thermal Insulation, Department of Consumer Affairs, payable from the
Bureau of Home Furnishings and Thermal Insulation Fund . . .
3,745,000
Schedule:
(1) 34-Bureau of Home Furnishings and Thermal Insulation . . .
3,750,000
(2) Reimbursements . . . -5,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1111-002-0769--For support of the Bureau of Security and
Investigative
Services, Department of Consumer Affairs, payable from the Private
Investigator Fund . . . 626,000
Schedule:
(1) 25.20-Private Investigators Program . . . 736,000
(2) Reimbursements . . . -110,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1111-002-0890--For support of the Bureau for Private Postsecondary
and Vocational Education, Department of Consumer Affairs, payable
from the Federal Trust Fund . . . 1,209,000
Schedule:
(1) 27.20-Federal Trust Program . . . 1,209,000
Provisions:
1. Notwithstanding any other provision of law, the Federal Trust
Fund
Account of the Bureau for Private Postsecondary and Vocational
Education may borrow from the Private Postsecondary and Vocational
Education Administration Fund an amount not to exceed a cumulative
total of $500,000 for the purpose of meeting cashflow needs for the
purposes funded in this item due to delays in collecting federal
funds. Any
loan made pursuant to this provision shall be made only upon approval
of
the Department of Finance, and only if the bureau demonstrates and
certifies that a sufficient surplus exists in the Private
Postsecondary and
Vocational Education Administration Fund to support the amount of the
loan, and that funds will be available from the federal government to
repay the loan. All moneys transferred shall be repaid to the fund as
soon
as possible, but not later than one year from the date of the loan.
1111-002-0960--For support of the Bureau for Private Postsecondary
and Vocational Education, Department of Consumer Affairs, payable
from the Student Tuition Recovery Fund . . . 125,000
Schedule:
(1) 27.30-Student Tuition Recovery Program . . . 125,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
1111-002-3069--For support of the Bureau of Naturopathic Medicine,
Department of Consumer Affairs, payable from the Naturopathic
Doctor's Fund . . . 118,000
Schedule:
(1) 39-Bureau of Naturopathic Medicine . . . 121,000
(2) Reimbursements . . . -3,000
1111-003-0001--For support of the Office of Privacy Protection,
Department of Consumer Affairs . . . 822,000
Schedule:
(1) 40-Office of Privacy Protection . . . 863,000
(2) 97.20.001-Unallocated Reduction . . . -6,000
(3) Reimbursements . . . -35,000
1700-001-0001--For support of Department of Fair Employment and
Housing . . . 13,668,000
Schedule:
(1) 50-Administration of Civil Rights Law . . . 19,363,000
(2) 97.20.001-Unallocated Reduction . . . -211,000
(3) Amount payable from the Federal Trust Fund (Item
1700-001-0890)
. . . -5,484,000
1700-001-0890--For support of Department of Fair Employment and
Housing, for payment to Item 1700-001-0001, payable from the Federal
Trust Fund . . . 5,484,000
1705-001-0001--For support of the Fair Employment and Housing
Commission . . . 1,087,000
Schedule:
(1) 10-Fair Employment and Housing Commission . . . 1,259,000
(2) 97.20.001-Unallocated Reduction . . . -17,000
(3) Reimbursements . . . -155,000
1730-001-0001--For support of Franchise Tax Board . . .
508,091,000
Schedule:
(1) 10-Tax Programs . . . 432,283,000
(2) 20-Homeowners and Renters Assistance . . . 5,774,000
(3) 30-Political Reform Audit (1,522,000) . . . 0
(4) 40-Child Support Collections . . . 4,400,000
(5) 45-Child Support Automation . . . 237,661,000
(6) 50-DMV Collections . . . 5,647,000
(7) 60-Court Collections . . . 5,966,000
(8) 70-Contract Work . . . 7,408,000
(9) 80.01-Administration . . . 23,051,000
(10) 80.02-Distributed Administration . . . -23,051,000
(11) 97.20.001-Unallocated Reduction . . . -7,840,000
(12) Reimbursements . . . -8,702,000
(13) Reimbursements-Child Support Existing/Expanded Collections .
. .
-4,400,000
(14) Reimbursements-Child Support Automation . . . -157,807,000
(15) Amount payable from the Motor Vehicle Account, State
Transportation Fund (Item 1730-001-0044) . . . -1,988,000
(16) Amount payable from the Motor Vehicle License Fee Account,
Transportation Tax Fund (Item 1730-001-0064) . . . -3,751,000
(17) Amount payable from the Emergency Food Assistance Program
Fund (Item 1730-001-0122) . . . -6,000
(18) Amount payable from the Delinquent Tax Collection Fund
(Section
19378 of the Revenue and Taxation Code) . . . -404,000
(19) Amount payable from the Fish and Game Preservation Fund (Rare
Fish, Wildlife, and Plant Species Conservation and Enhancement
Account) (Item 1730-001-0200) . . . -13,000
(20) Amount payable from the Court Collection Account (Item
1730-001-0242) . . . -6,062,000
(21) Amount payable from the State Children's Trust Fund (Item
1730-001-0803) . . . -11,000
(22) Amount payable from the California Alzheimer's Disease and
Related Disorders Research Fund (Item 1730-001-0823) . . . -11,000
(23) Amount payable from the California Seniors Special Fund (Item
1730-001-0886) . . . -4,000
(24) Amount payable from the California Breast Cancer Research
Fund
(Item 1730-001-0945) . . . -7,000
(25) Amount payable from the California Peace Officer Memorial
Foundation Fund (Item 1730-0010974) . . . -5,000
(26) Amount payable from the California Firefighters' Memorial
Fund
(Item 1730-001-0979) . . . -7,000
(27) Amount payable from the California Fund for Senior Citizens
(Item
1730-001-0983) . . . -7,000
(29) Amount payable from the Asthma and Lung Disease Research Fund
(Item 1730-001-8003) . . . -5,000
(30) Amount payable from the California Missions Foundation Fund
(Item 1730-001-8017) . . . -6,000
(31) Amount payable from the California Military Family Relief
Fund
(Item 1730-001-8022) . . . -6,000
(32) Amount payable from the California Prostate Cancer Research
Fund
(Item 1730-001-8025) . . . -6,000
Provisions:
1. It is the intent of the Legislature that all funds appropriated
to the
Franchise Tax Board for processing tax returns, auditing and
collecting
owed tax amounts, shall be used in a manner consistent with both its
authorized budget and with the documents that were presented to the
Legislature for its review in support of that budget. The Franchise
Tax
Board shall not reduce expenditures or redirect either funding or
personnel resources away from direct auditing or collection
activities
without prior approval of the Director of Finance. The director shall
not
approve any such reduction or redirection sooner than 30 days after
providing notification to the Joint Legislative Budget Committee. No
such
position may be transferred from the organizational unit to which it
was
assigned in the 2005-06 Governor's Budget and the Salaries and Wages
Supplement as revised by legislative actions without the approval of
the
Department of Finance. Furthermore, the board shall expeditiously
fill
budgeted positions consistent with the funding provided in this act.
2. It is the intent of the Legislature that the Franchise Tax
Board resolve
tax controversies, without litigation, on a basis that is fair to
both the state
and the taxpayer and in a manner that will enhance voluntary
compliance
and public confidence in the integrity and efficiency of the board.
3. During the 2005-06 fiscal year, the collection cost recovery
fee for
purposes of subparagraph (A) of paragraph (1) of subdivision (a) of
Section 19254 of the Revenue and Taxation Code shall be $101, and the
filing enforcement cost recovery fee for purposes of subparagraph (A)
of
paragraph (2) of that subdivision shall be $120.
4. During the 2005-06 fiscal year, the collection cost recovery
fee for
purposes of subparagraph (B) of paragraph (1) of subdivision (a) of
Section 19254 of the Revenue and Taxation Code shall be $150, and
the filing enforcement cost recovery fee for purposes of subparagraph
(B)
of paragraph (2) of that subdivision shall be $204.
5. Of the amounts appropriated in this item, the amounts provided
in
Schedule (5) and Schedule (14), Reimbursements--Child Support
Automation, are, pursuant to Section 5 of Chapter 479 of the Statutes
of
1999, available for the 2005-06 and 2006-07 fiscal years.
6. It is the intent of the Legislature that the California Child
Support
Automation System project shall receive the highest commitment and
priority of all of the state's child support automation activities.
7. The Legislature intends that the California Child Support
Automation
System project shall support all child support collections activities
in
compliance with federal certification requirements.
8. Of the amount available for the Franchise Tax Board to conduct
tax
gap and discovery activities, the board may redirect up to $200,000
for
the purpose of engaging experts and consultants to do the following:
(a)
identify and evaluate independent contractor withholding
alternatives, (b)
determine the impact of those alternatives on state revenues, (c)
determine technical and administrative capabilities to implement a
withholding program and its impacts to business and industry, and (d)
evaluate potential methods to implement a withholding program.
9. Of the amount appropriated in this item, no more than $215,000
may
be used for the Ready Return Pilot tax return filing project. It is
the intent
of the Legislature that if the Franchise Tax Board decides to
continue this
project during the 2005-06 fiscal year, then that continuation shall
be on a
pilot basis and any further continuation of the project after the
2005-06
fiscal year should be subject to legislation that will be enacted.
1730-001-0044--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the Motor Vehicle Account, State
Transportation Fund . . . 1,988,000
1730-001-0064--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the Motor Vehicle License Fee
Account, Transportation Tax Fund . . . 3,751,000
1730-001-0122--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the Emergency Food Assistance
Program Fund . . . 6,000
1730-001-0200--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the Fish and Game Preservation
Fund (Rare Fish, Wildlife, and Plant Species Conservation and
Enhancement Account) . . . 13,000
1730-001-0242--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the Court Collection Account . . .
6,062,000
1730-001-0803--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the State Children's Trust Fund . .
.
11,000
1730-001-0823--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the California Alzheimer's Disease
and Related Disorders Research Fund . . . 11,000
1730-001-0886--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the California Seniors Special Fund
.
. . 4,000
1730-001-0945--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the California Breast Cancer
Research Fund . . . 7,000
1730-001-0974--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the California Peace Officer
Memorial Foundation Fund . . . 5,000
1730-001-0979--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the California Firefighters'
Memorial
Fund . . . 7,000
1730-001-0983--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the California Fund for Senior
Citizens . . . 7,000
1730-001-8003--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the Asthma and Lung Disease
Research Fund . . . 5,000
1730-001-8017--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the California Missions Foundation
Fund . . . 6,000
1730-001-8022--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the California Military Family
Relief
Fund . . . 6,000
1730-001-8025--For support of Franchise Tax Board, for payment to
Item 1730-001-0001, payable from the California Prostate Cancer
Research Fund . . . 6,000
1730-002-0001--For support of Franchise Tax Board, for rental
payments on lease-revenue bonds . . . 7,258,000
Schedule:
(1) Central Office--Buildings 1 and 2 . . . 7,192,000
(2) Insurance . . . 119,000
(3) Reimbursements . . . -53,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
1760-001-0001--For support of Department of General Services, for
payment to Item 1760-001-0666 . . . 750,000
Provisions:
1. Any unencumbered funds remaining in this item as of June 30,
2006,
shall revert to the General Fund.
1760-001-0002--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the Property Acquisition
Law Money Account . . . 2,941,000
Provisions:
1. Of the amount appropriated in this item, $1,633,000 is a loan
from the
General Fund, provided for the purposes of supporting the management
of the state's real property assets.
2. Repayment of loans provided for the purposes of supporting the
management of the state's real property assets shall be repaid within
60
days of the close of escrow from the sale of surplus property,
pursuant to
Government Code Section 11011.
3. To the extent that the annual surplus property listing enacted
in
separate legislation changes the workload related to the management
of
the state's real property assets, the Director of Finance may adjust
the
amount of the General Fund loan and the total amount appropriated in
this item not sooner than 30 days after notifying the Joint
Legislative
Budget Committee.
1760-001-0003--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the Motor Vehicle
Parking Facilities Moneys Account . . . 3,327,000
1760-001-0022--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the State Emergency
Telephone Number Account . . . 5,293,000
1760-001-0026--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the State Motor Vehicle
Insurance Account . . . 4,748,000
Provisions:
1. Notwithstanding any other provision of law, Section 16379 of
the
Government Code shall govern the payment of claims for the purposes
of
this item.
1760-001-0450--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the Seismic Gas Valve
Certification Fee Account . . . 75,000
1760-001-0465--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the Energy Resources
Programs Account . . . 1,439,000
1760-001-0602--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the Architecture
Revolving Fund . . . 38,085,000
1760-001-0666--For support of Department of General Services,
payable from the Service Revolving Fund . . . 590,238,000
Schedule:
(1) Program support . . . 802,572,000
(2) Distributed services . . . -12,994,000
(3) Reimbursements--Lease revenue . . . -73,000
(3.5) Amount payable from the General Fund (Item 1760-001-0001) .
. .
-750,000
(4) Amount payable from the General Fund (Item 1760-002-0001) . .
.
-329,000
(5) Amount payable from the Property Acquisition Law Money Account
(Item 1760-001-0002) . . . -2,941,000
(6) Amount payable from the Motor Vehicle Parking Facilities
Moneys
Account (Item 1760-001-0003) . . . -3,327,000
(7) Amount payable from the State Emergency Telephone Number
Account (Item 1760-001-0022) . . . -5,293,000
(8) Amount payable from the State Motor Vehicle Insurance Account
(Item 1760-001-0026) . . . -4,748,000
(9) Amount payable from the Seismic Gas Valve Certification Fee
Account (Item 1760-001-0450) . . . -75,000
(10) Amount payable from the Energy Resources Programs Account
(Item 1760-001-0465) . . . -1,439,000
(11) Amount payable from the Architecture Revolving Fund (Item
1760-001-0602) . . . -38,085,000
(12) Amount payable from the Earthquake Safety and Public
Buildings
Rehabilitation Fund of 1990 (Item 1760-001-0768) . . . -636,000
(13) Amount payable from the State School Deferred Maintenance
Fund
(Item 1760-001-0961) . . . -150,000
(14) Amount payable from the 2002 State School Facilities Fund
(Item
1760-001-6036) . . . -12,191,000
(15) Amount payable from the Motor Vehicle Parking Facilities
Money
Account (Item 1760-002-0003) . . . -1,097,000
(16) Amount payable from the Service Revolving Fund (Item
1760-002-0666) . . . -113,638,000
(17) Amount payable from the Service Revolving Fund (Item
1760-003-0666) . . . -14,568,000
Provisions:
1. Notwithstanding any other provision of law, revenues from the
sale of
legislative bills and publi cations received by the Bill Room shall
be
deposited in the Service Revolving Fund.
2. Notwithstanding any other provision of law, if the Director of
the
Department of General Services determines in writing that there is
insufficient cash in a special fund under his or her authority to
make one
or more payments currently due and payable, he or she may order the
transfer of moneys to that special fund in the amount necessary to
make
payment or payments, as a loan from the Service Revolving Fund. That
loan shall be subject to all of the following conditions:
(a) No loan shall be made that would interfere with the carrying
out of the
object for which the Service Revolving Fund was created.
(b) The loan shall be repaid as soon as there is sufficient moneys
in the
recipient fund to repay the amount loaned, but no later than 18
months
after the date of the loan. The amount loaned shall not exceed the
amount
that the fund or program is authorized at the time of the loan to
expend
during the 2005-06 fiscal year from the recipient fund except as
otherwise provided in Provisions 4, 5, and 6 of this item.
(c) The terms and conditions of the loan are approved, prior to
the
transfer of funds, by the Department of Finance pursuant to
appropriate
fiscal standards.
3. The Director of General Services may augment this item or any
of
Items 1760-001-0002, 1760-001-0003, 1760-001-0026, and
1760-001-0602, by up to an aggregate of 10 percent in cases where (a)
the Legislature has approved funds for a customer for the purchase of
services or equipment through the Department of General Services
(DGS) and the corresponding expenditure authority has not been
provided in this item or (b) a local government entity or the federal
government has requested services from the DGS. Any augmentation that
is deemed to be necessary on a permanent basis shall be submitted
for
review as part of the normal budget development process. If the
Director
of the Department of General Services augments this item or Item
1760-001-0002, 1760-001-0003, 1760-001-0026, or
1760-001-0602, the DGS shall notify the Department of Finance within
30 days after that augmentation is made as to the amount,
justification,
and the program augmented. Any augmentation made in accordance with
this provision shall not result in an increase in any rate charged to
other
departments for services or the purchase of goods without the prior
written consent of the Department of Finance. The Director of General
Services shall not use this provision to augment this item or Item
1760-001-0002, 1760-001-0003, 1760-001-0026, or 1760-001-0602
for costs that the Department of General Services had knowledge of in
time to include in the May Revision.
4. If this item or Item 1760-001-0002, 1760-001-0003,
1760-001-0026, or 1760-001-0602, is augmented pursuant to Provision
3 by the maximum allowed under that provision, the Director of
Finance
may further augment the item or items in cases where (a) the
Legislature
has approved funds for a customer for the purchase of services or
equipment through the DGS and the corresponding expenditure authority
has not been provided in these items, or (b) a local government
entity or
the federal government has requested services from the DGS. Any
augmentation that is deemed to be necessary on a permanent basis
shall
be submitted for review as part of the normal budget development
process. The Director of Finance shall not use this provision to
augment
this item or Item 1760-001-0002, 1760-001-0003, 1760-001-0026, or
1760-001-0602 for costs that the Departments of Finance or General
Services had knowledge of in time to include in the May Revision.
5. The Director of General Services may augment this item and
Items
1760-001-0026 and 1760-001-0003 to increase authorized
expenditures by the Office of State Publishing, the Office of Risk
and
Insurance Management, the Office of Fleet Administration, the Office
of
Energy Management, and the Office of Public Safety Radio Services.
The
augmentation shall be for the specific purpose of enabling the Office
of
State Publishing, the Office of Risk and Insurance Management, the
Office of Fleet Administration, the Office of Energy Management, and
the
Office of Public Safety Radio Services to provide competitive
services to
their customers (including local government entities or the federal
government) and may be made only if the office has sufficient
operating
reserves available to fund the augmentation. If the Director of
General
Services proposes to augment either of the items in this provision,
the
director shall notify the Department of Finance, the chairpersons of
the
fiscal committees of each house, and the Chairperson of the Joint
Legislative Budget Committee 30 days prior to making the
augmentation,
including the amount, justification, and the office augmented. Any
augmentation that is deemed to be necessary on a permanent basis
shall
be submitted for review as part of the normal budget development
process.
6. Any augmentation made pursuant to Provisions 3 and 4 of this
item
shall be reported in writing to the chairpersons of the fiscal
committees of
each house and the Chairperson of the Joint Legislative Budget
Committee within 30 days of the date the augmentation is approved.
This
notification shall be provided in a format
consistent with normal budget
change requests, including identification of the amount of, and
justification
for, the augmentation, and the program that has been augmented.
Copies
of the notification shall be provided to the Department of Finance.
7. Notwithstanding any other provision of law, the Director of
General
Services or his or her designee, in lieu of the Director of Finance,
is
authorized to approve Budget Revision, Standard Form 26 subject to a
copy being provided to the Department of Finance.
8. It is the intent of the Legislature that the state provide
parolee
medications in the most cost-effective manner. In deciding how to
purchase parolee medications, the Department of Corrections, in
coordination with the Department of General Services, shall consider,
but
not be limited to, contracting with a pharmacy benefits manager and
purchasing medications under pharmacy contracts used for prison
inmates. The department shall compare the cost of those options and
choose the lowest cost options.
9. Notwithstanding any other provision of law, due to the
inability to issue
energy efficiency revenue bonds pursuant to Chapter 2.7 (commencing
with Section 15814.10) of Part 10b of Division 3 of Title 2 of the
Government Code, in order to repay the General Fund for the cost of
completing energy efficiency projects on specified buildings, the
Department of General Services shall, within 10 fiscal years, recover
an
amount sufficient to repay the costs associated with completed energy
efficiency projects plus 5 percent interest, through utility rates
charged to
tenants. On August 1 of each fiscal year beginning with the 2005-06
fiscal
year, the Department of General Services shall transfer that amount
to the
General Fund. Once the General Fund has been fully repaid, the
Department of General Services shall adjust utility rates for all
tenants to
accurately reflect the current rates.
10. The Director of Finance is authorized to increase this item by
up to
$10,673,000 and to increase the number of associated positions for
the
Office of Network Services within the Telecommunications Division,
for
any period prior to the effective date of the Governor's
Reorganization
Plan, or to the date of the enactment of similar legislation,
intended to
create the Department of Technology Services.
11. The Director of General Services shall, by June 30, 2006,
establish a
California State Travel Portal for travel bookings. Up to $250,000
and
1.0 position from the amount appropriated in this item may be used
for
this purpose, which may include staff support, travel, and training
costs
associated with the establishment of the portal. The Director of
General
Services may charge a fee to clients using the state travel contracts
sufficient to recover the costs of its establishment, operations, and
maintenance, as well as any associated costs, such as training.
(a) All departments shall use the California State Travel Portal
for their
travel bookings and shall revise their booking policies to provide
for the
purchase of non-emergency tickets at least two weeks before the
flight
date.
(b) The Director of General Services shall study the feasibility
of
expanding the California State Travel Portal to other airlines and
other
alternative approaches to reduce travel costs and report his or her
findings to the Legislature no later than June 30, 2006. This study
shall be
completed with existing resources as provided in this appropriation.
12. On or before February 1, 2006, the Department of General
Services
shall report to the appropriate policy and fiscal committees of the
Legislature the activities that it has undertaken or will undertake
pursuant
to Chapter 12 (commencing with Section 14977) of Part 5.5 of Division
3 of Title 2 of the Government Code. The report shall include, but
not be
limited to, the following:
(a) The number and a description of contracts entered into with
manufacturers and suppliers of drugs pursuant to Section 14977.1 of
the
Government Code, including any discounts, rebates, or refunds
obtained.
(b) The number and a description of entities that elect to
participate in the
coordinated purchase program pursuant to Section 14977.5 of the
Government Code.
(c) Other options and strategies that have been or will be
implemented
pursuant to Sections 14978 and 14980 of the Government Code.
(d) Estimated costs and savings attributable to activities that
have been or
will be undertaken pursuant to Chapter 12 (commencing with Section
14977) of Part 5.5 of Division 3 of Title 2 of the Government Code.
13. Upon the transfer of the Special Education Dispute Resolution
Program, up to $9,254,000 is available for the Office of
Administrative
Hearings to administer and operate the program.
14. Of the amount appropriated in this item, $64,000 shall be
provided
as a one-time cash payment to the Employment Development
Department to purchase video production equipment.
15. This item includes funding of $163,000 related to the transfer
of the
Employment Development Department video production facility and
related equipment to the Department of General Services. No later
than
April 1, 2006, the Department of General Services shall provide to
the
Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the fiscal committees of each house of the
Legislature a
report containing cost and descriptive information for every video
production service provided, and to be provided in the 2005-06 fiscal
year.
1760-001-0768--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the Earthquake Safety
and Public Buildings Rehabilitation Fund of 1990 . . . 636,000
1760-001-0961--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the State School
Deferred Maintenance Fund . . . 150,000
1760-001-6036--For support of Department of General Services, for
payment to Item 1760-001-0666, payable from the 2002 State School
Facilities Fund . . . 12,191,000
1760-002-0001--For support of Department of General Services, for
payment to Item 1760-001-0666 . . . 329,000
1760-002-0003--For support of Department of General Services, for
rental payments on lease-revenue bonds, for payment to Item
1760-001-0666, payable from the Motor Vehicle Parking Facilities
Moneys Account . . . 1,097,000
Provisions:
1. The funds appropriated in this item are for the following:
(a) Base Rental and Fees . . . 1,090,000
(b) Insurance . . . 7,000
2. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
3. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
1760-002-0666--For support of Department of General Services, for
rental payments on lease-revenue bonds, for payment to Item
1760-001-0666, payable from the Service Revolving Fund . . .
113,638,000
Provisions:
1. The funds appropriated in this item are for the following:
(a) Base rental and fees . . . 112,733,000
(1) Capitol Area Development Authority, Sacramento . . . 692,000
(2) State Office Building, Riverside . . . 2,050,000
(3) Department of Justice Building, Sacramento . . . 4,931,000
(4) San Francisco Civic Center Building . . . 25,642,000
(5) Ronald Reagan Building, Los Angeles . . . 18,017,000
(6) Elihu M. Harris Building, Oakland . . . 11,518,000
(7) LA Junipero Serra II . . . 4,803,000
(8) State Office Building, San Diego (Suburban) . . . 2,882,000
(9) Capitol East End Garage . . . 980,000
(10) Stephen P. Teale Data Center . . . 3,495,000
(11) Capitol Area East End Complex . . . 32,673,000
(12) Butterfield Warehouse Plant . . . 2,505,000
(13) Food and Agriculture . . . 696,000
(14) Butterfield Office Building . . . 1,849,000
(b) Insurance . . . 978,000
(c) Reimbursements . . . -73,000
2. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
3. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
1760-003-0666--For support of Department of General Services, for
rental payments on California Environmental Protection Agency
building,
for payment to Item 1760-001-0666, payable from the Service
Revolving Fund . . . 14,568,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Section 4.30 that
are
not currently reflected. Any adjustments to this item shall be
reported to
the Joint Legislative Budget Committee pursuant to Section 4.30.
1760-011-0001--For transfer by the Controller, upon order of the
Director of Finance, to the Service Revolving Fund . . . (227,000)
Provisions:
1. The amount appropriated in this item is a loan from the General
Fund.
The Department of General Services shall, within three years, recover
the
costs associated with the transfer and operation of video production
facilities plus 5 percent interest through rates or fees charged to
client
departments.
1760-101-0022--For local assistance, Department of General
Services,
for reimbursement of local agencies and service suppliers or
communications equipment companies for costs incurred pursuant to
Sections 41137, 41137.1, 41138, and 41140 of the Revenue and
Taxation Code, payable from the State Emergency Telephone Number
Account . . . 139,601,000
1760-301-0001--For capital outlay, Department of General Services
. . .
11,937,000
Schedule:
(1) 50.99.079-California State Prison San Quentin, Building 22:
Structural Retrofit--Construction . . . 11,937,000
1760-301-0660--For capital outlay, Department of General Services,
payable from the Public Buildings Construction Fund . . . 84,508,000
Schedule:
(1) 50.10.151-Library and Courts Building Renovation--Preliminary
plans, working drawings, and construction . . . 49,082,000
(2) 50.10.160-Office Building 8 and 9 Renovation, 714 P Street,
Sacramento--Construction . . . 26,844,000
(3) 50.20.515-Marysville Office Building:
Replacement--Construction . .
. 8,582,000
Provisions:
1. The State Public Works Board may issue lease-revenue bonds,
notes,
or bond anticipation notes pursuant to Chapter 5 (commencing with
Section 15830) of Part 10b of Division 3 of Title 2 of the
Government
Code to finance the design and construction of the projects
authorized by
this item.
2. The State Public Works Board and the Department of General
Services may obtain interim financing for the project costs
authorized in
this item from any appropriate source, including, but not limited to,
the
Pooled Money Investment Account pursuant to Sections 16312 and
16313 of the Government Code.
3. The State Public Works Board may authorize the augmentation of
the
costs of design and construction of the project scheduled in this
item
pursuant to the board's authority under Section 13332.11 of the
Government Code. In addition, the State Public Works Board may
authorize any additional amount necessary to establish a reasonable
construction reserve and to pay the cost of financing including the
payment of interest during construction of the project, the costs of
financing a debt service fund, and the cost of issuance of permanent
financing for the project. This additional amount may include
interest
payable on any interim financing obtained.
4. The Department of General Services is authorized and directed
to
execute and deliver any and all leases, contracts, agreements, or
other
documents necessary or advisable to consummate the sale of bonds or
otherwise effectuate the financing of the scheduled projects.
5. The State Public Works Board shall not itself be deemed a lead
or
responsible agency for purposes of the California Environmental
Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) for any activities under the State Building
Construction
Act of 1955 (Part 10b (commencing with Section 15800) of Division 3
of Title 2 of the Government Code). This section does not exempt this
department from the requirements of the California Environmental
Quality
Act. This section is intended to be declarative of existing law.
6. Notwithstanding any other provision of law, the funds
appropriated by
Schedule (1) of this item shall be available for expenditure until
June 30,
2010. In addition, the balance of funds appropriated for construction
by
Schedule (1) that have not been allocated, through fund transfer or
approval to proceed to bid, by the Department of Finance on or before
June 30, 2008, shall revert as of the date to the fund from which the
appropriation was made.
7. Notwithstanding any other provision of law, the funds
appropriated in
Schedules (2) and (3) shall be available for expenditure until June
30,
2009. In addition, the balance of funds appropriated for construction
in
Schedules (2) and (3) that have not been allocated, through fund
transfer
or approval to proceed to bid, by the Department of Finance on or
before June 30, 2007, shall revert as of that date to the fund from
which
the appropriation was made.
1760-301-0768--For capital outlay, Department of General Services,
payable from the Earthquake Safety and Public Buildings
Rehabilitation
Fund of 1990 . . . 5,750,000
Schedule:
(1) 50.99.029-Program Management . . . 750,000
(2) 50.99.079-California State Prison San Quentin, Building 22:
Structural Retrofit--Construction . . . 5,000,000
Provisions:
1. Pursuant to funds appropriated in Schedule (1) and
notwithstanding
any other provision of law, the Director of the Department of General
Services or his or her designee may contract for program management
services provided by a licensed architect, registered engineer, or
licensed
general contractor where a firm is selected to assist DGS in project
management activities, planning, designing, estimating, reviewing,
and
completing, a multiproject construction program.
1760-490--Reappropriation, Department of General Services. The
balances of the appropriations provided for in the following
citations are
reappropriated for the purposes and subject to the limitations,
unless
otherwise specified, provided for in the appropriation:
0660--Public Buildings Construction Fund
(1) Item 1760-301-0660, Budget Act of 2002 (Ch. 379, Stats. 2002),
as reappropriated by Item 1760-490, Budget Act of 2003 (Ch. 157,
Stats. 2003)
(3) 50.10.161-Office Building 10 Renovation, 721 Capitol Mall,
Sacramento--Construction
(2) Item 1760-301-0660, Budget Act of 2003 (Ch. 157, Stats. 2003)
(1) 50.10.200-Central Plant Renovation--Working drawings and
construction
(3) Item 1760-301-0660, Budget Act of 2003 (Ch. 157, Stats. 2003),
as reappropriated by Item 1760-490, Budget Act of 2004 (Ch. 208,
Stats. 2004)
(2) 50.20.515-Marysville Office Building Replacement--Construction
0768--Earthquake Safety and Public Buildings Rehabilitation Fund
of
1990
(1) Item 1760-301-0768, Budget Act of 2002 (Ch. 379, Stats. 2002)
(3) 50.99.091-California Department of Corrections, DVI, Tracy,
Hospital Building: Structural Retrofit--Construction
(2) Item 1760-301-0768, Budget Act of 2002 (Ch. 379, Stats. 2002),
as reappropriated by Item 1760-490, Budget Act of 2004 (Ch. 208,
Stats. 2004)
(4) 50.99.092-California Department of Corrections, California
Correctional Institution, Tehachapi, Dorm E1, E2, E3, E4: Structural
Retrofit--Construction
(3) Item 1760-301-0768, Budget Act of 2004 (Ch. 208, Stats. 2004)
(2) 50.99.408-California Correctional Institution, Tehachapi,
Dormitory
F5, F6, F7, F8: Structural Retrofit--Construction
Provisions:
1. Notwithstanding any other provision of law, the funds
appropriated by
Item (2), Schedule (1) and Item (3), Schedule (2) of the Public
Buildings
Construction Fund in this item shall be available for expenditure
until June
30, 2009. In addition, the balance of funds reappropriated for
construction by Item (2), Schedule (1) and Item (3), Schedule (2) of
the
Public Buildings Construction Fund that have not been allocated,
through
fund transfer or approval to proceed to bid, by the Department of
Finance on or before June 30, 2007, shall revert as of that date to
the
fund from which the appropriation was made.
2. Notwithstanding any other provision of law, the funds
appropriated by
Item (1), Schedule (3), of the Public Buildings Construction Fund in
this
item shall be available for expenditure until June 30, 2008. In
addition, the
balance of funds reappropriated for construction by Item (1),
Schedule
(3) of the Public Buildings Construction Fund that have not been
allocated, through fund transfer or approval to proceed to bid, by
the
Department of Finance on or before June 30, 2006, shall revert as of
that
date to the fund from which the appropriation was made.
3. The State Public Works Board may issue leaserevenue bonds,
notes,
or bond anticipation notes pursuant to Chapter 5 (commencing with
Section 15830) of Part 10b of Division 3 of Title 2 of the Government
Code to finance the design and construction of the projects
authorized in
Item (1), Schedule (3) and Item (3), Schedule (2) of the Public
Buildings
Construction Fund, and to finance the acquisition, design, and
construction of the project authorized in Item (2), Schedule (1) of
the
Public Buildings Construction Fund of this item.
4. The State Public Works Board may authorize the augmentation of
the
costs of design and construction of the projects in Item (1),
Schedule (3)
and Item (3), Schedule (2) of the Public Buildings Construction Fund,
and the acquisition, design, and construction of the project
authorized in
Item (2), Schedule (1) of the Public Buildings Construction Fund in
this
item pursuant to the board's authority under Section 13332.11 of the
Government Code. In addition, the State Public Works Board may
authorize any additional amount necessary to establish a reasonable
construction reserve and to pay the cost of financing including the
payment of interest during construction of the project, the costs of
financing a debt service fund, and the cost of issuance of permanent
financing for the project. This additional amount may include
interest
payable on any interim financing obtained.
1760-491--Reappropriation, Department of General Services.
Notwithstanding any other provision of law, the period to liquidate
encumbrances of the following citations is extended to June 30, 2006:
0768--Earthquake Safety and Public Buildings Rehabilitation Fund
of
1990
(1) Item 1760-301-0768, Budget Act of 2002 (Ch. 379, Stats. 2002)
(10) 50.99.079-Department of Corrections, San Quentin, Building
22:
Structural Retrofit--Working drawings
1760-492--Reappropriation, Department of General Services. As of
June 30, 2005, the balance of the funds appropriated pursuant to Item
1760-101-0768, Budget Act of 1994 (Ch. 139, Stats. 1994), as
reappropriated by Item 1760-492, Budget Act of 2003 and 2004 (Ch.
157, Stats. 2003 and Ch. 208, Stats. 2004), is reappropriated and
shall
be available for expenditure until June 30, 2007:
Schedule:
(1) 3116-Richmond, Contra Costa--City Hall . . . 1,149,975
(2) 3117-Richmond, Contra Costa--Hall of Justice . . . 683,613
(3) 4029-Alameda, Oakland Police Ad- ministration
Retrofit--Oakland .
. . 500,000
Provisions:
1. After June 30, 2007, these funds will no longer be available
for
expenditure and shall not be reappropriated.
1870-001-0001--For support of California Victim Compensation and
Government Claims Board . . . 0
Schedule:
(1) 11-Citizens Indemnification . . . 65,498,000
(2) 12-Quality Assurance and Revenue Recovery Division . . .
8,251,000
(3) 21-Disaster Relief Claim Program . . . 19,000
(4) 31-Civil Claims Against the State . . . 876,000
(5) 41-Citizens Benefiting the Public . . . 20,000
(6) 51.01-Administration . . . 7,872,000
(7) 51.03-Executive Office Administration . . . 297,000
(8) 51.02-Distributed Administration Executive Office . . .
-8,169,000
(9) Reimbursements . . . -895,000
(10) Amount payable from the Restitution Fund (Item 1870-001-0214)
.
. . -42,733,000
(11) Amount payable from the Federal Trust Fund (Item
1870-001-0890) . . . -31,016,000
(12) Amount payable from the Restitution Fund (Item 1870-002-0214)
.
. . -20,000
Provisions:
1. The California Victim Compensation and Government Claims Board
shall not routinely notify all local agencies and school districts
regarding its
proceedings. However, for each of its meetings, the board shall
notify all
parties whose claims or proposals are scheduled for consideration and
any party requesting notice of the proceedings.
1870-001-0214--For support of California Victim Compensation and
Government Claims Board, for support services pursuant to Chapter 5
(commencing with Section 13959) of Part 4 of Division 3 of Title 2 of
the
Government Code, for payment to Item 1870-001-0001, payable from
the Restitution Fund . . . 42,733,000
Provisions:
1. It is the intent of the Legislature that local agencies which
contract with
the California Victim Compensation and Government Claims Board as
part of joint powers agreements or criminal restitution compacts are
reimbursed for their costs. Notwithstanding any other provision of
law,
the Department of Finance may authorize expenditure from the
Restitution
Fund in excess of the amount appropriated not sooner than 30 days
after
notification in writing of the necessity is provided to the
chairperson of the
committee in each house of the Legislature that considers
appropriations,
the chairpersons of the committees and the appropriate subcommittees
in
each house of the Legislature that consider the State Budget, and the
Chairperson of the Joint Legislative Budget Committee.
1870-001-0890--For support of California Victim Compensation and
Government Claims Board, for payment to Item 1870-001-0001,
payable from the Federal Trust Fund . . . 31,016,000
1870-002-0214--For support of California Victim Compensation and
Government Claims Board, for support services pursuant to subdivision
(e) of Section 13973 of the Government Code, for payment to Item
1870-001-0001, payable from the Restitution Fund. . . . 20,000
1880-001-0001--For support of State Personnel Board . . .
3,878,000
Schedule:
(1) 10-Merit System Administration . . . 14,991,000
(2) 40-Local Government Services . . . 2,759,000
(3) 50.01-Administration Services . . . 2,770,000
(4) 50.02-Distributed Administration Services . . . -1,938,000
(5) 97.20.001-Unallocated Reduction . . . -60,000
(6) Reimbursements . . . -14,644,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize a loan from the General Fund, in an amount not to
exceed
35 percent of reimbursements appropriated in this item to the State
Personnel Board, provided that:
(a) The loan is to meet cash needs resulting from the delay in
receipt of
reimbursements for services provided.
(b) The loan is for a short term and shall be repaid by September
30,
2006.
(c) Interest charges may be waived pursuant to subdivision (e) of
Section
16314 of the Government Code.
(d) The Director of Finance may not approve the loan unless the
approval
is made in writing and filed with the Chairperson of the Joint
Legislative
Budget Committee and the chairperson of the committee in each house
that considers appropriations not later than 30 days prior to the
effective
date of the approval, or not sooner than whatever lesser time that
the
chairperson of the joint committee or his or her designee may
determine.
1900-001-0950--For support of Board of Administration of the
Public
Employees' Retirement System, payable from the Public Employees'
Contingency Reserve Fund . . . 18,276,000
Provisions:
1. The appropriation made in this item is for support of the board
of
administration pursuant to Section 22910 of the Government Code.
1900-003-0830--For support of Board of Administration of the
Public
Employees' Retirement System, payable from the Public Employees'
Retirement Fund . . . (372,377,000)
Provisions:
1. The amount displayed in this item is based on the estimate by
the
Public Employees' Retirement System of expenditures for external
investment advisers and other investment-related expenses to be made
during the 2005-06 fiscal year pursuant to Sections 20172, 20208, and
20210 of the Government Code. The Board of Administration of the
Public Employees' Retirement System shall report to the fiscal
committees
of the Legislature and the Joint Legislative Budget Committee on or
before January 10, 2006, regarding any revision of this estimate,
including
an accounting and explanation of changes, and the amount of, and
basis
for, investment adviser expenditures proposed for the 2006-07 fiscal
year. The Board of Administration of the Public Employees' Retirement
System shall report on or before January 10, 2007, on the final
expenditures under this item, including an accounting and
explanation of
changes from estimates previously reported
to the Legislature.
2. Each of the two reports described in Provision 1 also shall
include all
of the following:
(a) A summary and comparison of the externally managed portfolios,
the
internally managed portfolios, and the total fund. This information
shall
include the value of the assets, the gross and net returns, the
benchmark
returns, and the costs, by dollars and basis points, for these
portfolios.
(b) A description of the actions the Public Employees' Retirement
System
will take to ensure that any future expenditures for outside
advisers will
result in a greater return on in vestments, including costs for these
advisers, than if in-house advisers were used.
(c) Separate listings of adviser contracts in effect, and
approved, during
the 2004-05 and 2005-06 fiscal years, with (1) amounts (total
contract
and annual basis) for each contract for base fees and
performance-based
fees, and (2) summary statements of the purposes of each contract.
1900-015-0815--For support of Board of Administration of the
Public
Employees' Retirement System, payable from the Judges' Retirement
Fund . . . (807,000)
Provisions:
1. Notwithstanding any other provision of law, the Board of
Administration of the Public Employees' Retirement System (PERS), in
accordance with all applicable provisions of the California
Constitution,
shall submit to the Controller, the Department of Finance, the Joint
Legislative Bud get Committee, and the fiscal committees of the
Legislature, all of the following:
(a) No later than January 10, 2006, a copy of the proposed budget
for
PERS for the 2006-07 fiscal year as included with the Governor's
Budget.
(b) No later than May 15, 2006, a copy of the proposed budget for
PERS for the 2006-07 fiscal
year as approved by the board of administration.
(c) The revisions to the proposed budget for PERS for the 2005-06
fiscal
year, as recommended by the PERS Finance Committee, at least 30
days prior to the consideration of
those revisions by the board of administration.
(d) Commencing October 1, 2005, all expenditure and performance
workload data provided to the board of administration, as updated on
a
quarterly basis. This quarterly update information is to be submitted
to the
Joint Legislative Budget Committee and the fiscal committees of the
Legislature, and shall be in sufficient detail to be useful for
legislative
oversight purposes and to sustain a thorough ongoing review of Public
Employees' Retirement System expenditures.
1900-015-0820--For support of Board of Administration of the
Public
Employees' Retirement System, payable from the Legislators'
Retirement
Fund . . . (344,000)
Provisions:
1. Notwithstanding any other provisions of law, the Board of
Administration of the Public Employees' Retirement System, in
accordance with all applicable provisions of the California
Constitution,
shall submit to the Controller, the Department of Finance, the Joint
Legislative Budget Committee, and the fiscal committees of the
Legislature all of the following:
(a) A copy of the proposed budget for the Public Employees'
Retirement
System for the 2006-07 fiscal year by January 10, 2006, as included
with
the Governor's Budget.
(b) A copy of the proposed budget for the Public Employees'
Retirement
System for the 2006-07 fiscal year as approved by the board of
administration by May 15, 2006.
(c) The revisions to the proposed budget for the Public Employees'
Retirement System for the 2005-06 fiscal year as recommended by the
Public Employees' Retirement System Finance Committee at least 30
days prior to consideration of those revisions by the board of
administration.
(d) Commencing October 1, 2005, all expenditure and performance
workload data provided to the board of administration, updated on a
quarterly basis, shall be submitted to the Joint Legislative Budget
Committee and the fiscal committees of the Legislature. The quarterly
update information submitted to the Legislature shall be in
sufficient detail
to be useful for legislative oversight purposes and to sustain a
thorough
ongoing review of the expenditures of the Public Employees'
Retirement
System.
1900-015-0830--For support of Board of Administration of the
Public
Employees' Retirement System, payable from the Public Employees'
Retirement Fund . . . (239,649,000)
Provisions:
1. Notwithstanding any other provision of law, the Board of
Administration of the Public Employees' Retirement System, in
accordance with all applicable provisions of the California
Constitution,
shall submit to the Controller, the Department of Finance, the Joint
Legislative Budget Committee, and the fiscal committees of the
Legislature, all of the following:
(a) A copy of the proposed budget for the Public Employees'
Retirement
System for the 2006-07 fiscal year by January 10, 2006, as included
with
the Governor's Budget.
(b) A copy of the proposed budget for the Public Employees'
Retirement
System for the 2006-07 fiscal year as approved by the board of
administration by May 15, 2006.
(c) The revisions to the proposed budget for the Public Employees'
Retirement System for the 2005-06 fiscal year as recommended by the
Public Employees' Retirement System Finance Committee at least 30
days prior to consideration of those revisions by the board of
administration.
2. Commencing October 1, 2005, all expenditure and performance
workload data provided to the board of administration, updated on a
quarterly basis, shall be submitted to the Joint Legislative Budget
Committee and the fiscal committees of the Legislature. The
quarterly
update information submitted to the Legislature shall be in
sufficient detail
to be useful for legislative oversight purposes and to sustain a
thorough
ongoing review of the expenditures of the Public Employees'
Retirement
System.
3. Commencing July 1, 2005, reports on information technology
projects
that are submitted to the board of administration shall be submitted
to the
Joint Legislative Budget Committee, the fiscal committees of the
Legislature, and the Department of Finance on an informational basis.
The
quarterly update information submitted to the Department of Finance
shall
be in sufficient detail to be useful for Department of Finance
informational
project status reporting purposes.
1900-015-0884--For support of Board of Administration of the
Public
Employees' Retirement System, payable from the Judges' Retirement
System II Fund . . . (508,000)
Provisions:
1. Notwithstanding any other provision of law, the Board of
Administration of the Public Employees' Retirement System (PERS), in
accordance with all applicable provisions of the California
Constitution,
shall submit to the Controller, the Department of Finance, the Joint
Legislative Budget Committee, and the fiscal committees of the
Legislature, all of the following:
(a) No later than January 10, 2006, a copy of the proposed budget
for
PERS for the 2006-07 fiscal year as included with the Governor's
Budget.
(b) No later than May 15, 2006, a copy of the proposed budget for
PERS for the 2006-07 fiscal year as approved by the board of
administration.
(c) The revisions to the proposed budget for PERS for the 2005-06
fiscal
year, as recommended by the PERS Finance Committee, at least 30 days
prior to the consideration of those revisions by the board of
administration.
(d) Commencing October 1, 2005, all expenditure and performance
workload data provided to the board of administration, as updated on
a
quarterly basis. This quarterly update information is to be submitted
to the
Joint Legislative Budget Committee and the fiscal committees of the
Legislature, and shall be in sufficient detail to be useful for
legislative
oversight purposes and to sustain a thorough ongoing review of Public
Employees' Retirement System expenditures.
1900-015-0962--For support of Board of Administration of the
Public
Employees' Retirement System, payable from the Volunteer Firefighter
Length of Service Award Fund . . . (129,000)
Provisions:
1. Notwithstanding any other provision of law, the Board of
Administration of the Public Employees' Retirement System, in
accordance with all applicable provisions of the California
Constitution,
shall submit to the Controller, the Department of Finance, the Joint
Legislative Budget Committee, and the fiscal committees of the
Legislature, all of the following:
(a) A copy of the proposed budget for the Public Employees'
Retirement
System for the 2006-07 fiscal year by January 10, 2006, as included
with
the Governor's Budget.
(b) A copy of the proposed budget for the Public Employees'
Retirement
System for the 2006-07 fiscal year as approved by the board of
administration by May 15, 2006.
(c) The revisions to the proposed budget for the Public Employees'
Retirement System for the 2005-06 fiscal year recommended by the
Public Employees' Retirement System Finance Committee, at least 30
days prior to consideration of those revisions by the board of
administration.
(d) Commencing October 1, 2005, all expenditure and performance
workload data provided to the board of administration, updated on a
quarterly basis, shall be submitted to the Joint Legislative Budget
Committee and the fiscal committees of the Legislature. The quarterly
update information submitted to the Legislature shall be in
sufficient detail
to be useful for legislative oversight purposes and to sustain a
thorough
ongoing review of the expenditures of the Public Employees'
Retirement
System.
1900-017-0950--For support of Public Employees' Retirement System
payable from the Public Employees' Contingency Reserve Fund . . .
223,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified
in Control Section 17.00. These funds are to be used in support of
compliance activities related to the federal Health Insurance
Portability
and Accountability Act (HIPAA) of 1996.
1920-001-0835--For support of State Teachers' Retirement System,
payable from the State Teachers' Retirement Fund . . . 118,205,000
Schedule:
(1) 10-Services to Members and Employers . . . 118,607,000
(2) Reimbursements . . . -339,000
(3) Amount payable from the Supplemental Benefit Maintenance
Account
in the Teachers' Retirement Fund pursuant to Section 22954 of the
Education Code . . . -63,000
Provisions:
1. This item shall not be subject to the requirements of
subdivision (b),
(c), (d), or (e) of Section 31.00 of this act. Nothing in this
provision shall
be construed as exempting this item from requirements of the State
Civil
Service Act or from requirements of laws, rules, and regulations
administered by the Department of Personnel Administration.
2. Commencing July 1, 2005, reports on information technology
projects
that are submitted to the Teachers' Retirement Board shall be
submitted
to the Joint Legislative Budget Committee, the fiscal committees of
the
Legislature, and the Department of Finance on an informational basis.
The
information submitted to the Department of Finance shall be in
sufficient
detail to be useful for Department of Finance informational project
status
reporting purposes.
1920-002-0835--For support of State Teachers' Retirement System
(external investment advisers), payable from the State Teachers'
Retirement Fund . . . (106,000,000)
Provisions:
1. The amount displayed in this item is for informational purposes
only,
and is based on the current estimate by the State Teachers'
Retirement
System (STRS) of expenditures for external investment advisers to be
made during the 2005-06 fiscal year pursuant to Section 22353 of the
Education Code. The STRS shall report to the fiscal committees of
the
Legislature and the Joint Legislative Budget Committee no later than
January 10, 2006, regarding any revision of this estimate, including
an
accounting and explanation of the changes, and regarding the amount
of,
and basis for, investment adviser expenditures proposed for the
2006-07
fiscal year. The STRS shall report on or before January 10, 2007, on
the
final expenditures under this item, including an accounting and
explanation
of changes from estimates previously reported to the Legislature.
2. Each of the two reports described in Provision 1 also shall
include all
of the following:
(a) A summary and comparison of the externally managed portfolios,
the
internally managed portfolios, and the total fund. This information
shall
include the value of the assets, the gross and net returns, the
benchmark
returns, and the costs by dollars and basis points for these
portfolios.
(b) A description of the actions the State Teachers' Retirement
System
will take to ensure that any future expenditures for outside advisers
will
result in a greater return on investments, including costs for these
advisers,
than if in-house advisers were used.
(c) Separate listings of adviser contracts in effect, and
approved, during
the 2004-05 and 2005-06 fiscal years, with (1) amounts (total
contract
and annual basis) for each contract for base fees and
performance-based
fees, (2) summary statements of the purposes of each contract.
1920-011-0001--For transfer by the Controller to the State
Teachers'
Retirement Fund . . . (1,050,414,000)
Schedule:
(1) Supplemental Benefit Maintenance Account (SBMA) . . .
(581,367,000)
(2) Benefits Funding . . . (469,047,000)
Provisions:
1. The estimated amount referenced in Schedule (1) is the state's
contribution required by Section 22954 of the Education Code.
2. The estimated amount referenced in Schedule (2) is the state's
contribution required by subdivision (a) of Section 22955 of the
Education Code.
1920-490--Reappropriation, State Teachers' Retirement System
(STRS). Notwithstanding any other provision of law, up to $3,217,000
of the balance as of June 30, 2005, of the appropriation identified
in the
following citation is reappropriated, subject to the limitations set
forth in
Provision 1, and shall be available for encumbrance and expenditure
until
June 30, 2006. Any amount of this reappropriation that is not
expended
in 2005-06 shall be carried over to 2006-07 and is hereby
reappropriated. In no event shall the total amounts reappropriated
for the
2006-07 Budget exceed 3 percent of STRS' 2005-06 appropriation.
0835--State Teachers' Retirement Fund
(1) Item 1920-001-0835, Budget Act of 2004
(Ch. 208, Stats. 2004)
Provisions:
1. The funds reappropriated in this item shall be available for
expenditure
by the State Teachers' Retirement System for the purposes of meeting
unanticipated system costs and promoting better service to the system'
s
membership. The funds may not be encumbered without advance
approval of the State Teachers' Retirement Board. The board shall
report
to the Legislature on a quarterly basis throughout the 2005-06 fiscal
year
on expenditures made pursuant to this item.
1955-001-9730--For support of Department of Technology Services,
payable from the Department of Technology Services Revolving Fund . .
. 225,545,000
Schedule:
(1) 10-Administration of Technology Services . . . 225,545,000
Provisions:
1. The language in this item shall become applicable once the
Governor's
Reorganization Plan, or similar legislation creating the Department
of
Technology Services, becomes law.
2. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for the Department of Technology Services
in
excess of the amount appropriated not sooner than 30 days after
notification in writing of the necessity therefor is provided to the
chairpersons of the fiscal committees in each house of the
Legislature and
the Chairperson of the Joint Legislative Budget Committee, or not
sooner
than whatever lesser time the chairperson of the committee, or his or
her
designee, may in each instance determine.
3. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appropriated pursuant to Section 11544 of
the Government Code.
4. Expenditure authority provided in this item to support data
center
infrastructure projects may not be utilized for items outside the
approved
project scope. In addition, the Department of Technology Services
shall
report to the Department of Finance actual expenditures associated
with
the projects when purchase agreements have been executed. Changes in
project scope must receive approval using the established
administrative
and legislative reporting requirements.
5. Notwithstanding any other provision of law, upon request by the
Department of Technology Services, the Director of Finance may adjust
the amount available for expenditure in this item to pay costs
associated
with the Child Welfare Services/Case Management System (CWS/CMS)
Application Re-Hosting Project. The adjustment may be effected not
sooner than 30 days after notification in writing of the necessity
therefor
to the chairperson of the committee in each house of the Legislature
that
considers appropriations and the Chairperson of the Joint Legislative
Budget Committee, or not sooner than whatever lesser time the
chairperson of the committee, or his or her designee, may in each
instance determine. The revised expenditure authority granted
pursuant to
this provision shall be consistent with the current approved project
or an
amount approved by the Director of Finance based on his or her review
of a subsequent special project report or equivalent document.
BUSINESS, TRANSPORTATION AND
HOUSING
2100-001-3036--For support of Department of Alcoholic Beverage
Control, payable from the Alcohol Beverage Control Fund . . .
42,973,000
Schedule:
(1) 10.10-Licensing . . . 23,763,000
(2) 10.20-Compliance . . . 20,257,000
(3) 10.30.010-Administration . . . 3,852,000
(4) 10.30.020-Distributed Administration . . . -3,852,000
(5) Reimbursements . . . -1,047,000
2100-011-0081--For transfer by the Controller, from the Alcohol
Beverage Control Fund to the Alcohol Beverage Control Fund . . .
(93,000)
2100-101-3036--For local assistance, Department of Alcoholic
Beverage Control, Program 10.20-Compliance, for grants to local law
enforcement agencies payable from the Alcohol Beverage Control Fund .
. . 1,500,000
Provisions:
1. Notwithstanding any other provisions of law, the Department of
Alcoholic Beverage Control is authorized to grant funds to local law
enforcement agencies for the purpose of enhancing enforcement of
alcoholic beverage control laws in the local jurisdiction.
2. Notwithstanding any other provisions of law, at the discretion
of the
Director of Alcoholic Beverage Control, the department may advance
grant funds to local law enforcement agencies.
3. Notwithstanding any other provisions of law, at the discretion
of the
Director of Alcoholic Beverage Control, title to any authorized
equipment
purchased by the local law enforcement agency pursuant to the grant
may be vested in the local law enforcement agency at the conclusion
of
the grant period.
2100-495--Reversion, Department of Alcoholic Beverage Control. As
of
June 30, 2005, the amounts specified below of the appropriation
provided for in the following citation shall revert to the balance of
the fund
from which the appropriation was made:
3036--Alcohol Beverage Control Fund
(1) Item 2100-001-3036, Budget Act of 2004 (Ch. 208, Stats. 2004),
$500,000 appropriated in Program 10.10-Licensing, and $461,000
appropriated in Program 10.20-Compliance
2120-001-0117--For support of Alcoholic Beverage Control Appeals
Board, Program 10, payable from the Alcoholic Beverage Control
Appeals Fund . . . 968,000
2150-001-0240--For support of Department of Financial
Institutions, for
payment to Item 2150-001-0298, payable from the Local Agency
Deposit Security Fund . . . 365,000
2150-001-0298--For support of Department of Financial
Institutions,
payable from the Financial Institutions Fund . . . 18,882,000
Schedule:
(1) 10-Licensing and Supervision of Banks and Trust Companies . .
.
17,147,000
(2) 20-Special Licensees . . . 1,155,000
(3) 40-Administration of Local Agency Security . . . 365,000
(4) 50-Supervision of California Business and Industrial
Development
Corporations . . . 30,000
(5) 60-Credit Unions . . . 3,827,000
(6) 70-Savings and Loan . . . 95,000
(7) 80-Industrial Banks . . . 1,055,000
(8) 90.01-Administration . . . 4,903,000
(9) 90.02-Distributed Administration . . . -4,903,000
(10) Reimbursements . . . -600,000
(11) Amount payable from the Local Agency Deposit Security Fund
(Item 2150-001-0240) . . . -365,000
(12) Amount payable from the Credit Union Fund (Item 2150-0010299)
. . . -3,827,000
Provisions:
1. The Department of Financial Institutions shall report to the
budget
committees of each house of the Legislature and to the Legislative
Analyst
by January 10, 2006, on the level of noncompliance found with the
California Financial Privacy Act (Division 1.2 (commencing with
Section
4050) of the Financial Code), any changes to state or federal law, or
court decisions, that affect the workload of the Department of
Financial
Institutions as it relates to the California Financial Information
Privacy
Act, and any staffing changes requested based on the level of
compliance
or changes in the
law.
2150-001-0299--For support of Department of Financial
Institutions, for
payment to Item 2150-001-0298, payable from the Credit Union Fund .
. . 3,827,000
2180-001-0067--For support of Department of Corporations, payable
from the State Corporations Fund . . . 30,672,000
Schedule:
(1) 10-Investment Program . . . 17,392,000
(2) 20-Lender-Fiduciary Program . . . 13,430,000
(3) 50.01-Administration . . . 5,812,000
(4) 50.02-Distributed Administration . . . -5,812,000
(5) Reimbursements . . . -150,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
2. The Department of Corporations shall report to the committee of
each
house of the Legislature that considers the Budget Bill and the
Legislative
Analyst's Office by January 10, 2006, (a) the level of noncompliance
with
the California Financial Privacy Act (Division 1.2 (commencing with
Section 4050) of the Financial Code), (b) any changes to state or
federal
law, including court decisions, that affect workload under that act,
and (c)
any staffing changes requested based on (a) or (b).
3. The Department of Corporations shall report to the committee of
each
house of the Legislature that considers the Budget Bill and the
Legislative
Analyst's Office by January 10, 2007, on the level of noncompliance
with
Chapter 940 of the Statutes of 2004, and any staffing changes
requested
based on the level of noncompliance.
2240-001-0001--For support of Department of Housing and Community
Development . . . 5,014,000
Schedule:
(1) 10-Codes and Standards Program . . . 25,008,000
(2) 20-Community Affairs Program . . . 15,503,000
(3) 30-Housing Policy Development Program . . . 2,500,000
(4) 50.01-Administration . . . 10,198,000
(5) 50.02-Distributed Administration . . . -10,039,000
(6) 50.03-Distributed Administration of the Housing Policy
Development
Program . . . -122,000
(7) 97.20.001-Unallocated Reduction . . . -76,000
(8) Reimbursements . . . -1,187,000
(9) Amount payable from the Mobilehome Park Revolving Fund (Item
2240-001-0245) . . . -5,104,000
(10) Amount payable from the Mobilehome Park Purchase Fund (Item
2240-001-0530) . . . -545,000
(11) Amount payable from the Mobilehome-Manufactured Home
Revolving Fund (Item 2240-001-0648) . . . -17,904,000
(12) Amount payable from the Self-Help Housing Fund (Item
2240-001-0813) . . . -106,000
(13) Amount payable from the Federal Trust Fund (Item
2240-0010890)
. . . -8,266,000
(14) Amount payable from the Housing Rehabilitation Loan Fund
(Item
2240-001-0929) . . . -2,243,000
(15) Amount payable from the Rental Housing Construction Fund
(Item
2240-001-0938) . . . -739,000
(16) Amount payable from the Predevelopment Loan Fund (Item
2240-001-0980) . . . -297,000
(17) Amount payable from the Emergency Housing and Assistance Fund
(Item 2240-001-0985) . . . -450,000
(18) Amount payable from the Jobs-Housing Balance Improvement
Account (Item 2240-001-3006) . . . -787,000
(19) Amount payable from the Building Equity and Growth in
Neighborhoods Fund (Item 2240-0016038) . . . -330,000
Provisions:
1. Of the amount appropriated in this item, $158,000 shall be
used to
continue oversight by the Department of Housing and Community
Development of redevelopment agencies and to provide technical
assistance, in accordance with the department's Housing Preservation
Plan.
2240-001-0245--For support of Department of Housing and Community
Development, for payment to Item 2240-001-0001, payable from the
Mobilehome Park Revolving Fund . . . 5,104,000
2240-001-0530--For support of Department of Housing and Community
Development, for payment to Item 2240-001-0001, payable from the
Mobilehome Park Purchase Fund . . . 545,000
2240-001-0648--For support of Department of Housing and Community
Development, for payment to Item 2240-001-0001, payable from the
Mobilehome-Manufactured Home Revolving Fund . . . 17,904,000
Provisions:
1. Notwithstanding Section 18077 of the Health and Safety Code, or
any
other provision of law, the first $2,388,000 in revenues collected by
the
Department of Housing and Community Development from manufactured
home license fees shall be deposited in the Mobilehome-Manufactured
Home Revolving Fund, and shall be available to the
department for the
support, collection, administration, and enforcement of manufactured
home license fees.
2. Notwithstanding Section 18077.5 of the Health and Safety Code,
or
any other provision of law, the Department of Housing and Community
Development is not required to comply with the reporting requirement
of
Section 18077.5 of the Health and Safety Code.
2240-001-0813--For support of Department of Housing and Community
Development, for payment to Item 2240-001-0001, payable from the
Self-Help Housing Fund . . . 106,000
2240-001-0890--For support of Department of Housing and Community
Development, for payment to Item 2240-001-0001, payable from the
Federal Trust Fund . . . 8,266,000
2240-001-0929--For support of Department of Housing and Community
Development, for payment to Item 2240-001-0001, payable from the
Housing Rehabilitation Loan Fund . . . 2,243,000
2240-001-0938--For support of Department of Housing and Community
Development, for payment to Item 2240-001-0001, payable from the
Rental Housing Construction Fund . . . 739,000
2240-001-0980--For support of Department of Housing and Community
Development, for payment to Item 2240-001-0001, payable from the
Predevelopment Loan Fund . . . 297,000
2240-001-0985--For support of Department of Housing and Community
Development, for payment to Item 2240-001-0001, payable from the
Emergency Housing and Assistance Fund . . . 450,000
2240-001-3006--For support of Department of Housing and Community
Development, for payment to Item 2240-001-0001, payable from the
Jobs-Housing Balance Improvement Account . . . 787,000
2240-001-6038--For support of Department of Housing and Community
Development, for payment to Item 2240-001-0001, payable from the
Building Equity and Growth in Neighborhoods Fund . . . 330,000
2240-101-0001--For local assistance, Department of Housing and
Community Development . . . 5,291,000
Schedule:
(1) 20-Community Affairs Program . . . 174,228,000
(2) Amount payable from the Federal Trust Fund (Item 2240-1010890)
.
. . -168,937,000
2240-101-0890--For local assistance, Department of Housing and
Community Development, for payment to Item 2240-101-0001, payable
from the Federal Trust Fund . . . 168,937,000
Provisions:
1. Notwithstanding any other provision of law, federal funds
appropriated
by this item but not encumbered or expended by June 30, 2006, may be
expended in the subsequent fiscal year.
2240-101-3006--For local assistance, Department of Housing and
Community Development, payable from the Jobs-Housing Balance
Improvement Account . . . 25,000,000
2240-101-6038--For local assistance, Department of Housing and
Community Development, Program 20-Community Affairs Program,
payable from the Building Equity and Growth in Neighborhoods Fund .
.
. 24,000,000
2240-105-0001--For transfer, upon order of the Director of
Finance, to
the Emergency Housing and Assistance Fund . . . 4,000,000
Provisions:
1. The amount transferred by this item shall be distributed
pursuant to
Chapter 11.5 (commencing with Section 50800) of Part 2 of Division 31
of the Health and Safety Code for operating facilities and capital
development grants.
2. Grants shall not be used to supplant existing emergency shelter
or
transitional housing funding. Notwithstanding any regulatory
provision to
the contrary, operating facilities grants shall not exceed $100,000
nor be
less than $30,000. For counties with an allocation of greater than
$30,000, one grant of less than $30,000 may be awarded if necessary
to
fully utilize the county's allocation. For counties with an
allocation of up to
or equal to $30,000, up to two grants of less than $30,000 may be
awarded.
2240-113-0813--For transfer upon order of the Director of Finance,
from the Self-Help Housing Fund to the General Fund . . . (1,670,000)
Provisions:
1. The amount displayed in this item is for informational purposes
only
and is based upon the current estimate of the remaining unused
portion of
the California Homebuyers Downpayment Assistance Program
(CHDAP) funds provided to the California Housing Finance Agency
(CalHFA) through Provision 4 of Item 2240-103-0001 of the Budget
Act of 2000 (Ch. 52, Stats. 2000). The actual amount to be
transferred
through this item shall include all remaining unused portions of
CHDAP
funds by the CalHFA from Provision 4 of Item 2240-103-0001 of the
Budget Act of 2000 (Ch. 52, Stats. 2000).
2240-115-0843--For transfer, upon order of the Director of
Finance,
from the California Housing Trust Fund to the General Fund . . .
(2,000,000)
2310-001-0400--For support of Office of Real Estate Appraisers
payable from the Real Estate Appraisers Regulation Fund . . .
4,069,000
Schedule:
(1) 10-Administration of Real Estate Appraisers Program . . .
4,149,000
(2) Reimbursements . . . -80,000
2320-001-0317--For support of Department of Real Estate, payable
from the Real Estate Fund . . . 34,319,000
Schedule:
(1) 10-Licensing and Education . . . 8,061,000
(2) 20-Enforcement and Recovery . . . 20,832,000
(3) 30-Subdivisions . . . 5,726,000
(4) 40.10-Administration . . . 5,349,000
(5) 40.20-Distributed Administration . . . -5,349,000
(6) Reimbursements . . . -300,000
Provisions:
1. Of the amount appropriated in this item, $500,000 shall be used
only
for the purposes of the Real Estate Recovery Account.
2400-001-0933--For support of Department of Managed Health Care,
payable from the Managed Care Fund . . . 33,614,000
Schedule:
(1) 30-Health Plan Program . . . 33,614,000
(2) 50.01-Administration . . . 9,082,000
(3) 50.02-Distributed Administration . . . -9,082,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
2400-002-0933--For support of Department of Managed Health Care,
for the Office of Patient Advocate, payable from the Managed Care
Fund . . . 2,269,000
2600-001-0042--For support of California Transportation
Commission,
for payment to Item 2600-001-0046, payable from the State Highway
Account, State Transportation Fund . . . 782,000
2600-001-0046--For support of California Transportation
Commission,
payable from the Public Transportation Account, State Transportation
Fund . . . 1,269,000
Schedule:
(1) 10-Administration of California Transportation Commission . .
.
2,051,000
(2) Amount payable from the State Highway Account, State
Transportation Fund (Item 2600-0010042) . . . -782,000
2600-402--Before allocating projects in the 2005-06 fiscal year
that
would result in the issuance of notes pursuant to Section 14553 of
the
Government Code exceeding $800,000,000, the California
Transportation Commission shall consult with the Business,
Transportation and Housing Agency, the Department of Transportation,
and the Department of Finance pursuant to Section 14553.8 of the
Government Code to consider and determine the appropriateness of the
mechanism authorized by Section 14553 of the Government Code in
comparison to other funding mechanisms, and to determine and report
to
the Governor and the Legislature the effect of issuance of the notes
on
future federal funding commitments. Allocations exceeding
$800,000,000
shall not be made prior to providing 60 days' notice to the
chairpersons
of the transportation committees of each house and the Chairperson of
the Joint Legislative Budget Committee.
2640-101-0046--For local assistance, Special Transportation
Programs,
for allocation by the Controller pursuant to Section 99312 of the
Public
Utilities Code, payable from the Public Transportation Account, State
Transportation Fund . . . 200,757,000
Provisions:
1. Notwithstanding Sections 99313 and 99314 of the Public
Utilities
Code, not more than $67,387 of the amount appropriated in this item
shall reimburse the Controller for expenditures for administration of
state
transportation assistance funds.
2. Notwithstanding Sections 99313 and 99314 of the Public
Utilities
Code, $33,956 of the amount appropriated in this item shall reimburse
the General Fund for statewide general administrative expenditures,
known as pro rata, pursuant to Sections 11270 to 11275, inclusive,
and
Section 22828.5 of the Government Code.
2660-001-0041--For support of Department of Transportation, for
payment to Item 2660-001-0042, payable from the Aeronautics
Account, State Transportation Fund . . . 3,051,000
2660-001-0042--For support of Department of Transportation,
payable
from the State Highway Account, State Transportation Fund . . .
2,094,561,000
Schedule:
(1) 10-Aeronautics . . . 3,355,000
(2) 20.10-Highway Transportation-- Capital Outlay Support . . .
1,242,703,000
(3) 20.30-Highway Transportation-- Local Assistance . . .
30,045,000
(4) 20.40-Highway Transportation-- Program Development . . .
75,942,000
(5) 20.65-Highway Transportation-- Legal . . . 63,161,000
(6) 20.70-Highway Transportation-- Operations . . . 161,882,000
(7) 20.80-Highway Transportation-- Maintenance . . . 834,302,000
(8) 30-Mass Transportation . . . 112,923,000
(9) 40-Transportation Planning . . . 91,943,000
(10) 50.00-Administration . . . 295,624,000
(10.5) 97.20.001-Unallocated reduction . . . -50,000,000
(11) Reimbursements . . . -124,916,000
(12) Amount payable from the Aeronautics Account, State
Transportation Fund (Item 2660-001-0041) . . . -3,051,000
(13) Amount payable from the Bicycle Transportation Account, State
Transportation Fund (Item 2660-001-0045) . . . -22,000
(14) Amount payable from the Public Transportation Account, State
Transportation Fund (Item 2660-001-0046) . . . -132,409,000
(15) Amount payable from the Historic Property Maintenance Fund
(Item 2660-001-0365) . . . -1,500,000
(16) Amount payable from the Federal Trust Fund (Item
2660-0010890)
. . . -492,906,000
(17) Amount payable from the Transportation Financing Subaccount,
State Highway Account, State Transportation Fund (Item
2660-001-6801) . . . -12,515,000
Provisions:
1. For purposes of the funds appropriated in Schedules (2) to (7),
inclusive, Program 20--Highway Transportation, upon approval of the
Department of Finance, the Department of Transportation shall notify
the
chairpersons of the fiscal committees and the Chairperson of the
Joint
Legislative Budget Committee at least 20 days prior to spending funds
to
expand activities above budgeted levels or to implement a new
activity
not identified in this act, including any of those expenditures to
be funded
through a transfer of moneys from other expenditure categories or
programs, except in the case of emergency work increases caused by
fire, snow, storm, or earth movement damage.
2. From funds appropriated in this item, the Department of
Transportation may enter into interagency agreements with the
Department of the California Highway Patrol to compensate that
department for the cost of work performed by patrol officers at or
near
state highway construction projects so as to reduce the risk of
occurrence
of serious motor vehicle accidents.
3. (a) Notwithstanding any other provision of law, funds
appropriated in
this item from the State Highway Account may be reduced and replaced
by an equivalent amount of federal funds determined by the department
to
be available and necessary to comply with Section 8.50 of this act
and
the most effective management of state transportation resources. Not
more than 30 days after replacing the state funds with federal funds,
the
Director of Finance shall notify in writing the chairperson of the
committee
in each house that considers appropriations and the Chairperson of
the
Joint Legislative Budget Committee of this action.
(b) To the extent that moneys in the State Highway Account are
reduced
pursuant to this provision, the Department of Transportation may
transfer,
with the approval of the Business, Transportation and Housing Agency,
and upon authorization by the Director of Finance, all or part of the
savings to Item 2660-101-0042, 2660-301-0042, or 2660-302-0042
for local assistance or capital outlay projects approved by the
California
Transportation Commission. The Director of Finance shall authorize
the
transfer not sooner than 30 days after notification in writing to the
chairperson of the committee in each house that considers
appropriations
and the Chairperson of the Joint Legislative Budget Committee.
4. Notwithstanding any other provision of law, funding
appropriated in
this item may be transferred to Item 2660-005-0042 to pay for any
necessary insurance, debt service, and other financing-related
expenditures for department-owned office buildings. Any transfer will
require the prior approval of the Department of Finance.
5. Notwithstanding any other provision of law, funds appropriated
in
Schedules (1) to (10), inclusive, in this item may be transferred to
Item
2660-002-0608 for increases in equipment services costs, provided
that
the increase does not increase the overall appropriation authority
for the
Department of Transportation and no funding appropri-ated in
Schedules
(1) to (10), inclusive, is augmented. Any transfer will require the
prior
approval of the Department of Finance.
6. The funds appropriated in Schedule (2) for external consultant
and
professional services related to project delivery (also known as 232
contracts) that are unencumbered or encumbered but unexpended related
to work that will not be performed during the fiscal year shall
revert to the
fund from which they were appropriated.
7. Notwithstanding any other provision of law, funds appropriated
in this
item may be supplemented with federal funding appropriation authority
and with prior fiscal year State Highway Account appropriation
balances
at a level determined by the department as required to process claims
utilizing federal advance construction through the plan of financial
adjustment process pursuant to Sections 11251 and 16365 of the
Government Code.
8. Of the funds appropirated in Schedule (2) of this item,
$6,891,000 is
for the cost of non-project-specific capital outlay support
contracts. Any
of these funds to be used on information technology projects may not
be
encumbered or expended until the Director of Finance approves the
Feasibility Study Report. The funds shall be made available
consistent
with the amount approved by the Director of Finance, based upon the
approved Feasibility Study Report.
9. Of the funds appropriated in Schedule (7) of this item,
$52,300,000 is
for major maintenance contracts for the preservation of highway
pavement and shall not be used to supplant any other funding that
would
have been used for major pavement maintenance.
10. Of the funds appropriated in this item, $3,450,000 shall be
used to
implement the statewide culvert inspection and repair program. Using
redirected or grant funds, the Department of Transportation shall
assess
coastal streams outside of Mendocino, Humboldt, and Del Norte
Counties, for barriers to migratory fish passage. The Department
shall
coordinate its culvert inspection program activities to facilitate
these fish
passage assessments. Priority shall be given to coastal watersheds
for
culvert inspections and passage assessments.
11. Of the funds appropriated in Schedule (6), $577,000 is for the
deployment and maintenance of the Performance Measurement System.
12. Notwithstanding any other provision of law, the unallocated
reduction
referenced in Schedule 10.5 may be distributed among the other
schedules in this item or any other state operations item in the
Department
of Transportation, upon approval by the Department of Finance. The
Director of Finance shall notify in writing the chairperson of the
committee
in each house of the Legislature that considers appropriations, and
the
Chairperson of the Joint Legislative Budget Committee, of any
reallocation pursuant to this provision.
13. Of the funds appropriated in Schedule (2) of this item,
$55,418,000
is for capital outlay support costs funded by tribal gaming bond
revenues.
This full amount shall not be available for expenditure unless the
state
issues tribal gaming bonds that generate at least $755,000,000 on or
before July 1, 2005. If these bonds are issued later than July 1,
2005, or
generate less than $755,000,000, the amount available for expenditure
shall be $55,418,000 multiplied by (a) the percentage of the 2005-06
fiscal year remaining when the bonds are sold and (b) the quotient of
the
amount received from tribal gaming bonds divided by $755,000,000.
Notwithstanding any other provision of law, this amount may be
increased and the amount described in Provision 2 of Item
2660-002-3007 may be decreased by equal amounts, so that the
proportion of capital outlay support expenditure authority provided
by
this provision and Provision 2 of Item 2660-002-3007 are equal to the
proportion of tribal gaming bond revenues provided to the State
Highway
Account and the Traffic Congestion Relief Fund.
2660-001-0045--For support of Department of Transportation, for
payment to Item 2660-001-0042, payable from the Bicycle
Transportation Account, State Transportation Fund . . . 22,000
Provisions:
1. Of the amount appropriated in this item, $30,000 shall
reimburse the
General Fund for statewide general administrative expenditures, known
as pro rata, pursuant to Sections 11270 to 11275, inclusive, and
Section
22828.5 of the Government Code.
2660-001-0046--For support of Department of Transportation, for
payment to Item 2660-001-0042, payable from the Public
Transportation Account, State Transportation Fund . . . 132,409,000
Provisions:
1. For Program 30--Mass Transportation. $73,138,000 appropriated
in
this item is available for intercity rail.
2. Notwithstanding any other provision of law, funds appropriated
in this
item from the Public Transportation Account may be reduced and
replaced by an equivalent amount of federal funds determined by the
department to be available and necessary to comply with Section 8.50
of
this act and the most effective management of state transpor-tation
resources. Not more than 30 days after replacing the state funds with
federal funds, the Director of Finance shall notify in writing the
chairperson of the committee in each house that considers
appropriations
and the Chairperson of the Joint Legislative Budget Committee of this
action.
2660-001-0365--For support of Department of Transportation, for
payment to Item 2660-001-0042, payable from the Historic Property
Maintenance Fund . . . 1,500,000
Provisions:
1. The funds appropriated in this item shall be made available for
the
rehabilitation of properties in an area along a proposed State Route
710
in Pasadena. The availability of these funds shall be contingent upon
the
submission of a plan for the maintenance and rehabilitation of
historic
properties, and for the increasing of rental revenues to align
revenues and
expenditures from this fund. These funds shall be made available only
upon approval of the plan by the Department of Finance.
2660-001-0650--For support of Department of Transportation,
payable
from the Toll Bridge Seismic Retrofit Account, State Transportation
Fund
. . . 152,204,000
Schedule:
(1) 20.10-Highway Transportation . . . 150,000,000
(2) 50-Administration . . . 2,204,000
Provisions:
1. For the 2005-06 fiscal year, the Director of Finance may
increase
expenditure authority in this item from funds identified in the Toll
Bridge
Seismic Retrofit Account pursuant to Chapter 907 of the Statutes of
2001, after notifying the Chairperson of the Joint Legislative Budget
Committee and the chairperson of the committee in each house that
considers appropriations no later than 30 days prior to the effective
date
of the approval, or not sooner than whatever lesser time the
Chairperson
of the Joint Legislative Budget Committee or his or her designee may
in
each instance determine.
2660-001-0890--For support of Department of Transportation, for
payment to Item 2660-001-0042, payable from the Federal Trust Fund .
. . 492,906,000
Provisions:
1. For Program 20--Highway Transportation. For purposes of Section
163 of the Streets and Highways Code, all expenditures from this item
shall be deemed to be expenditures from the State Highway Account,
State Transportation Fund.
2. For Program 20--Highway Transportation. Federal funds may be
received from any federal source, and shall be deposited in the
Federal
Trust Fund. Any federal reimbursements shall be credited to the
account
from which the expenditures were originally made.
3. Notwithstanding any other provision of law, the Director of
Finance
may augment this item with additional federal funds in conjunction
with an
equivalent offsetting reduction in State Highway Account funds in
Item
2660-001-0042, pursuant to Provision 3 of that item or Public
Transportation Account funds in Item 2660-001-0046, pursuant to
Provision 2 of that item.
2660-001-6801--For support of Department of Transportation, for
payment to Item 2660-001-0042, payable from the Transportation
Financing Subaccount, State Highway Account, State Transportation
Fund . . . 12,515,000
2660-002-0042--For support of Department of Transportation,
payable
from State Highway Account to fund Garvee increase for ongoing
administrative costs . . . 600,000
2660-002-0608--For support of Department of Transportation,
payable
from the Equipment Service Fund . . . 69,445,000
Provisions:
1. Notwithstanding any other provision of law, funds appropriated
in this
item may be increased in accordance with Provision 5 of Item
2660-001-0042.
2. Of the funds appropriated in this item, $97,000 shall be used
for the
reimbursement of the Office of State Audits and Evaluations within
the
Department of Finance by the Department of Transportation for
consulting services related to the accounting and administration of
the
Equipment Service Program within the Department of Transportation.
The consulting services shall include an evaluation of the
appropriateness
of operating the Equipment Service Program as an internal service
fund.
On or before January 10, 2006, the Department of Finance shall report
to the appropriate fiscal and policy committees in the Legislature
and the
Legislative Analyst concerning their findings on whether the internal
service fund should be (a) retained as is; (b) retained, but
modified; (c)
discontinued, but with certain features retained; or (d) discontinued
completely.
2660-002-3007--For support of Department of Transportation,
payable
from the Traffic Congestion Relief Fund . . . 78,284,000
Schedule:
(1) 20.10-Highway Transportation Capital Outlay Support . . .
76,880,000
(2) 30-Mass Transportation . . . 265,000
(3) 50-Administration . . . 1,139,000
Provisions:
1. Notwithstanding any other provision of law, if the California
Transportation Commission allocates funds to Traffic Congestion
Relief
Program projects in the 2005-06 fiscal year, the Director of Finance
may
increase expenditure authority in this item for additional capital
outlay
staffing directly related to new Traffic Congestion Relief Program
allocations after notifying the Chairperson of the Joint Legislative
Budget
Committee and the chairperson of the committee in each house that
considers appropriations no later than 30 days prior to the effective
date
of the approval.
2. Of the funds appropriated in Schedule (1), $33,966,000 is for
capital
outlay support costs funded by tribal gaming bond revenues. This full
amount shall not be available for expenditure unless the state issues
tribal
gaming bonds that generate at least $755,000,000 on or before July 1,
2005. If these bonds are issued later than July 1, 2005, or generate
less
than $755,000,000, the amount available for expenditure shall be
$33,966,000 multiplied by (a) the percentage of the 2005-06 fiscal
year
remaining when the bonds are sold and (b) the quotient of the amount
received from tribal gaming bonds divided by $755,000,000.
Notwithstanding any other provision of law, this amount may be
decreased and the amount described in Provision 13 of Item
2660-001-0042 may be increased by equal amounts, so that the
proportion of capital outlay support expenditure authority provided
by
this provision and Provision 13 of Item 2660-001-0042 are equal to
the
proportion of tribal gaming bond revenues provided to the Traffic
Congestion Relief Fund and the State Highway Account.
2660-005-0042--For support of Department of Transportation, for
building insurance, debt service, and other financing-related costs
for
department-owned office buildings, payable from the State Highway
Account, State Transportation Fund . . . 15,134,000
Provisions:
1. Notwithstanding any other provision of law, funds provided in
Item
2660-001-0042 may be transferred to this item to pay for any
necessary
insurance, debt service, and other financing-related costs for
department-owned office buildings. Any transfer shall require the
prior
approval of the Department of Finance.
2. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
3. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
2660-007-0042--For support of Department of Transportation,
payable
from the State Highway Account, State Transportation Fund . . .
100,206,000
Schedule:
(1) 20.10-Highway Transportation--Capital Outlay Support . . .
54,224,000
(2) 20.65-Highway Transportation--Legal . . . 698,000
(3) 20.70-Highway Transportation--Operations . . . 986,000
(4) 20.80-Highway Transportation-- Maintenance . . . 44,280,000
(5) 50-Administration . . . 18,000
Provisions:
1. The funds appropriated in this item may be expended only to
attain
compliance with (a) the stormwater discharge provisions of the
National
Pollutant Discharge Elimination System permits as promulgated by the
State Water Resources Control Board or regional water quality control
boards, (b) the Statewide Storm Water Management Plan, or (c) as
required by court order.
2. The funds appropriated in this item may be transferred between
schedules. Any transfer will require the prior approval of the
Department
of Finance.
2660-011-0041--For transfer by the Controller from the Aeronautics
Account, State Transportation Fund, to the Public Transportation
Account, State Transportation Fund, as prescribed by Section 21682.5
of the Public Utilities Code . . . (30,000)
2660-012-0042--For augmentation for emergencies relating to a
state of
emergency declared by the Governor, payable from the State Highway
Account . . . (40,000,000)
Provisions:
1. Required notification to the Legislature of appropriations
pursuant to
this item shall include, in addition to all other required
information, (a) an
estimate of federal funds or other funds that the department may
receive
for the same purposes as the proposed appropriation, and (b)
explanation of the necessity of the proposed appropriation given
anticipated federal funds or other funds.
2. Funds appropriated in this item may be used for support, local
assistance, or capital outlay expenditures.
2660-021-0042--For transfer by the Controller from the State
Highway
Account, State Transportation Fund, to the Public Transportation
Account, State Transportation Fund, as prescribed by Section 194 of
the
Streets and Highways Code . . . (21,659,000)
2660-022-0042--For transfer by the Controller from the State
Highway
Account, State Transportation Fund, to the Environmental Enhancement
and Mitigation Program Fund, as prescribed by Section 164.56 of the
Streets and Highways Code . . . (10,000,000)
2660-101-0042--For local assistance, Department of Transportation,
State Transportation Improvement Program (STIP), payable from the
State Highway Account, State Transportation Fund . . . 10,000,000
Schedule:
(1) 20.30-Highway Transportation--Local Assistance . . . 7,500,000
(a) Regional Improvements . . . (7,125,000)
(b) Interregional Improvements . . . (375,000)
(2) 30-Mass Transportation . . . 2,500,000
Provisions:
1. Funds appropriated in this item shall be available for
allocation by the
California Transportation Commission through fiscal year 2007-08 and
available for encumbrance and liquidation through June 30, 2011.
2. Notwithstanding any other provision of law, funds appropriated
in this
item may be transferred intraschedule or to Items 2660-301-0042,
2660-102-0042, or 2660-302-0042. These transfers shall require the
prior approval of the Department of Finance.
3. Notwithstanding any other provision of law, funds appropriated
in this
item may be supplemented with federal funding appropriation
authority
and with prior year State Highway Account appropriation balances at a
level determined by the department as required to process claims
utilizing
federal advance construction through the plan of financial adjustment
process under Sections 11251 and 16365 of the Government Code.
2660-101-0045--For local assistance, Department of Transportation,
Program 20--Highway Transportation, payable from the Bicycle
Transportation Account, State Transportation Fund . . . 7,190,000
2660-101-0183--For local assistance, Department of Transportation,
Program 20--Highway Transportation, payable from the Environmental
Enhancement and Mitigation Program Fund . . . 10,000,000
2660-101-0890--For local assistance, Department of Transportation,
State Transportation Improvement Program (STIP), payable from the
Federal Trust Fund . . . 10,000,000
Schedule:
(1) 20-Highway Transportation . . . 10,000,000
(a)
Regional Improvements . . . (9,500,000)
(b) Interregional Improvements . . . (500,000)
Provisions:
1. For purposes of the Streets and Highways Code, all expenditures
from
this item shall be deemed to be expenditures from the State Highway
Account, State Transportation Fund.
2. Federal funds may be received from any federal source and shall
be
deposited in the Federal Trust Fund. Any federal reimbursements shall
be
credited to the account from which the expenditures were originally
made.
3. Notwithstanding other provisions of law, funds appropriated in
this
item may be transferred intraschedule or to Items 2660-301-0890,
2660-302-0890, or 2660-102-0890. These transfers shall require the
prior approval of the Department of Finance. These funds shall be
available for allocation by the California Transportation Commission
through fiscal year 2007-08.
2660-102-0042--For local assistance, Department of Transportation,
Non-State Transportation Improvement Program (STIP), payable from
the State Highway Account, State Transportation Fund . . .
123,064,000
Schedule:
(1) 20-Highway Transportation . . . 116,064,000
(a) Regional Surface Transportation Program Ex- change . . .
(48,000,000)
(b) Local Assis- tance . . . (66,064,000)
(2) 40-Transportation Planning . . . 7,000,000
Provisions:
1. Funds appropriated in Schedule (1) shall be available for
allocation by
the California Transportation Commission until June 30, 2008, and
available for encumbrance and liquidation until June 30, 2011.
2. Notwithstanding any other provision of law, funds appropriated
in this
item may be transferred intraschedule or to Item 2660-101-0042,
2660-301-0042, or 2660-302-0042. These transfers shall require the
prior approval of the Department of Finance.
2660-102-0890--For local assistance, Department of Transportation,
Non-State Transportation Improvement Program (STIP), payable from
the Federal Trust Fund . . . 962,500,000
Schedule:
(1) 20-Highway Transportation . . . 879,600,000
(2) 30-Mass Transportation . . . 31,900,000
(3) 40-Transportation Planning . . . 51,000,000
Provisions:
1. Notwithstanding any other provision of law, funds appropriated
in this
item may be transferred intraschedule or to Item 2660-101-0890,
2660-301-0890, or 2660-302-0890. These transfers shall require the
prior approval of the Department of Finance. Funds appropriated in
Schedules (1) and (2) shall be available for allocation by the
California
Transportation Commission until June 30, 2008.
2. For Program 20--Highway Transportation. For purposes of the
Streets and Highways Code, all expenditures from this item shall be
deemed to be expenditures from the State Highway Account, State
Transportation Fund.
3. For Program 20--Highway Transportation. Federal funds may be
received from any federal source and shall be deposited in the
Federal
Trust Fund. Any federal reimbursements shall be credited to the
account
from which the expenditures were originally made.
4. Of the amount appropriated in this item, $5,000,000 is for
regional
blueprint planning grants. Of the $5,000,000, at least 20 percent of
the
funds shall be allocated by the Department of Transportation, in
consultation with the Department of Housing and Community
Development, for grants to those regional councils of governments
that
have Regional Housing Needs Assessment tasks scheduled for the
2005-06 fiscal year to assist with preparation of their Regional
Housing
Needs Assessment in order to coordinate and integrate housing and
transportation planning to the extent allowable under federal law. If
the
Regional Housing Needs Assessment is determined to be a reimbursable
state mandate pursuant to Section 6 of Article XIII B of the
California
Constitution, then any grants received by councils of governments to
prepare the assessment under this item shall be considered an
offsetting
revenue for the purposes of claiming state reimbursement.
2660-105-0046--For local assistance, Department of Transportation,
Program 30-Mass Transportation, payable from the Public
Transportation Account, State Transportation Fund, for water transit
operations managed through the Metropolitan Transportation
Commission . . . 2,908,000
2660-301-0042--For capital outlay, Department of Transportation,
State Transportation Improvement Program (STIP), payable from the
State Highway Account, State Transportation Fund . . . 25,000,000
Schedule:
(1) 20-Highway Transportation . . . 25,000,000
(a)
Regional Improvements . . . (15,250,000)
(b) Interregional Improvements . . . (9,750,000)
Provisions:
1. These funds shall be available for allocation by the California
Transportation Commission through fiscal year 2007-08 and available
for
encumbrance and liquidation through June 30, 2011.
2. Notwithstanding any other provision of law, funds appropriated
in this
item may be transferred intraschedule or to Items 2660-101-0042,
2660-102-0042, 2660-302-0042, or 2660-311-0042. These transfers
shall require the prior approval of the Department of Finance.
3. Notwithstanding any other provision of law, funds appropriated
in this
item may be supplemented with federal funding appropriation authority
and with prior year State Highway Account appropria-tion balances at
a
level determined by the department as required to process claims
utilizing
federal advance construction through the plan of financial adjustment
process under Sections 11251 and 16365 of the Government Code.
2660-301-0890--For capital outlay, Department of Transportation,
State Transportation Improvement Program (STIP), payable from the
Federal Trust Fund . . . 70,000,000
Schedule:
(1) 20-Highway Transportation . . . 70,000,000
(a) Regional Improvements . . . (42,700,000)
(b) Interregional Improvements . . . (27,300,000)
Provisions:
1. Notwithstanding any other provision of law, amounts scheduled
in this
item may be transferred intraschedule or to Items 2660-101-0890,
2660-102-0890, or 2660-302-0890. These transfers shall require the
prior approval of the Department of Finance. These funds shall be
available for allocation by the California Transportation Commission
through fiscal year 2007-08.
2. For purposes of the Streets and Highways Code, all expenditures
from
this item shall be deemed to be expenditures from the State Highway
Account, State Transportation Fund.
3. Federal funds may be received from any federal source and shall
be
deposited in the Federal Trust Fund. Any federal reimbursements shall
be
credited to the account from which the expenditures were originally
made.
2660-302-0042--For capital outlay, Department of Transportation,
Non-State Transportation Improvement Program (STIP), payable from
the State Highway Account, State Transportation Fund . . .
1,384,600,000
Schedule:
(1) 20-Highway Transportation . . . 2,084,600,000
(a) State Highway Operation and Protection Program . . .
(2,084,600,000)
(2) Reimbursements . . . -700,000,000
Provisions:
1. These funds shall be available for allocation by the California
Transportation Commission through fiscal year 2007-08 and available
for encumbrance and liquidation through June 30, 2011.
2. Notwithstanding any other provision of law, funds appropriated
in this
item may be transferred to Item 2660-101-0042, 2660-102-0042,
2660-301-0042, or 2660-311-0042. These transfers shall require the
prior approval of the Department of Finance.
3. The Director of Finance may increase this item pursuant to
allocations
made from tribal gaming bond revenues no sooner than 30 days after
written notification of the allocation is provided to the
chairpersons of the
fiscal committees in each house of the Legislature and the
Chairperson of
the Joint Legislative Budget Committee, or not sooner than whatever
lesser time the Chairperson of the Joint Legislative Budget
Committee, or
his or her designee, may determine.
4. No funds appropriated in this item are available for
expenditure on
specialty building facilities. For the purpose of this item,
specialty building
facilities are equipment facilities, maintenance facilities, and
traffic
management centers.
2660-302-0046--For capital outlay, Department of Transportation,
payable from the Public Transportation Account, State Transportation
Fund . . . 150,000,000
Schedule:
(1) 30-Mass Transportation . . . 175,000,000
(2) Reimbursements . . . -25,000,000
Provisions:
1. The Director of Finance may increase this item pursuant to
allocations
made from tribal gaming bond revenues no sooner than 30 days after
written notification of the allocation is provided to the
chairpersons of the
fiscal committees in each house of the Legislature and the
Chairperson of
the Joint Legislative Budget Committee, or not sooner than whatever
lesser time the Chairperson of the Joint Legislative Budget
Committee, or
his or her designee, may determine.
2660-302-0890--For capital outlay, Department of Transportation,
Non-State Transportation Improvement Program (STIP), payable from
the Federal Trust Fund . . . 738,000,000
Schedule:
(1) 20-Highway Transportation . . . 738,000,000
(a) State Highway Operation and Protection Program . . .
(738,000,000)
Provisions:
1. Notwithstanding any other provision of law, amounts scheduled
in this
item may be transferred to Item 2660-101-0890, 2660-102-0890, or
2660-301-0890. These transfers shall require the prior approval of
the
Department of Finance. These funds shall be available for allocation
by
the California Transportation Commission until June 30, 2008.
2. For purposes of the Streets and Highways Code, all expenditures
from
this item shall be deemed to be expenditures from the State Highway
Account, State Transportation Fund.
3. Federal funds may be received from any federal source and shall
be
deposited in the Federal Trust Fund. Any federal reimbursements shall
be
credited to the account from which the expenditures were originally
made.
4. No funds appropriated in this item are available for
expenditure on
specialty building facilities. For the purpose of this item,
speciality building
facilities are equipment facilities, maintenance facilities, material
labs, and
traffic management centers.
2660-303-0042--For capital outlay, Department of Transportation,
specialty building facilities, payable from the State Highway
Account,
State Transportation Fund . . . 14,000,000
Provisions:
1. For the purpose of this item, specialty building facilities are
equipment
facilities, maintenance facilities, material labs, and traffic
management
centers.
2. Notwithstanding any other provision of law, funds appropriated
in this
item may be transferred to Item 2660-101-0042, 2660-102-0042,
2660-301-0042, or 2660-302-0042. These transfers shall require the
prior approval of the Department of Finance and the California
Transportation Commission.
2660-311-0042--For capital outlay, Department of Transportation,
payable from the State Highway Account, State Transportation Fund . .
.
2,310,000
Schedule:
(1) 20-Highway Transportation . . . 2,310,000
(a) 20.20.500-Statewide: Studies, preplanning and budget packages
. . .
(100,000)
(c) 20.20.516-Oakland Seismic Retrofit Project: Working drawings .
. .
(2,210,000)
Provisions:
1. For Program 20--Highway Transportation. Up to 20 percent of the
funds appropriated in this item may be transferred from Item
2660-301-0042 or Item 2660-302-0042 of this act to enable the
California Transportation Commission to allocate supplemental funds
to
projects within this item. The transfer may be made only with the
approval of the commission and the Department of Finance. The
Department of Finance shall be notified of the transfer prior to the
commission's approval of any transfer or allocation of those funds to
any
project.
2. Notwithstanding any other provision of law, the project
identified in
Schedule (1)(c) of this item shall be subject to administrative
oversight by
the State Public Works Board.
3. Funds appropriated in this item are available to the Department
of
Transportation to purchase one modular office unit totaling 5,700
square
feet in the City of Stockton, and one modular office unit totaling
5,040
square feet in the City of Bishop. The Department of Transportation
is
directed to redirect two dollars ($2) from its support appropriation
for
this purpose.
2660-399-0042--For the Department of Transportation, for final
cost
accounting of projects for which appropriations have expired, for
state
operations, local assistance, or capital outlay, payable from the
State
Highway Account, State Transportation Fund. Funds appropriated in
this
item shall be available for expenditure until June 30, 2006 . . .
5,000,000
2660-399-0890--For the Department of Transportation, for state
operations, local assistance, or capital outlay, payable from the
Federal
Trust Fund . . . 31,000,000
Provisions:
1. $31,000,000 is available for Corridor Improvement and Formula
Section 163 grants.
2. Notwithstanding any other provision of law, funds appropriated
in this
item may be transferred to Item 2660-001-0890, 2660-101-0890,
2660-102-0890, 2660-301-0890, or 2660-302-0890. These transfers
shall require the prior approval of the Department of Finance.
2660-401--Notwithstanding any other provision of law, various
items of
appropriation in this act may be reduced, upon approval of the
Director
of Finance, if the equipment rental rates for 2005-06 charged by the
Department of Transportation, Division of Equipment, to the
department's
programs, would result in costs below the budgeted level. The
following
items of appropriation include funding for rental payments and may be
reduced by an amount not to exceed the savings in each item
attributable
to reduced equipment rental rates: Item 2660-001-0041, Item
2660-001-0042, Item 2660-001-0046, Item 2660-001-0650, Item
2660-001-0890.
2660-402--Before allocating projects in the 2005-06 fiscal year
that
would result in the issuance of notes pursuant to Section 14553 of
the
Government Code exceeding $800,000,000, the California
Transportation Commission shall consult with the Business,
Transportation and Housing Agency, the Department of Transportation,
and the Department of Finance pursuant to Section 14553.8 of the
Government Code to consider and determine the appropriateness of the
mechanism authorized by Section 14553 of the Government Code in
comparison to other funding mechanisms, and to determine and report
to
the Governor and the Legislature the effect of issuance of the notes
on
future federal funding commitments. Allocations above $800,000,000
shall not be made prior to providing 60 days notice to the
chairpersons of
the transportation committees of each house and the Chairperson of
the
Joint Legislative Budget Committee.
2660-490--Reappropriation, Department of Transportation. The
balance
of the appropriation provided in the following citation is
reappropriated
for the purposes provided for in that appropriation and shall be
available
for encumbrance and expenditure until June 30, 2006.
0890--Federal Trust Fund
(1) Item 2660-301-0890, Budget Act of 2002 (Ch. 379, Stats. 2002)
(2) Item 2660-302-0890, Budget Act of 2002 (Ch. 379, Stats. 2002)
2660-491--Reappropriation, Department of Transportation.
Notwithstanding any other provision of law, the unliquidated
encumbrances for the appropriations provided in the following
citations
are reappropriated until June 30, 2006. The unencumbered balance
shall
not be available for encumbrance.
0042--State Highway Account
(1) Item 2660-301-0042, Budget Act of 1997
(Ch. 282, Stats. 1997)
(2) Item 2660-301-0042, Budget Act of 1998
(Ch. 324, Stats. 1998)
(3) Item 2660-301-0042, Budget Act of 1999
(Ch. 50, Stats. 1999)
(4) Item 2660-301-0042, Budget Act of 2000
(Ch. 52, Stats. 2000)
0853--Petroleum Violation Escrow Account
(1) Chapter 1434, Statutes of 1988
(2) Chapter 1648, Statutes of 1990
(3) Item 2660-101-853, Budget Act of 1992
(Ch. 587, Stats. 1992)
(4) Chapter 1159, Statutes of 1993
(5) Chapter 980, Statutes of 1995
0890--Federal Trust Fund
(1) Item 2660-301-0890, Budget Act of 1996
(Ch. 162, Stats. 1996)
(2) Item 2660-301-0890, Budget Act of 1997
(Ch. 282, Stats. 1997)
(3) Item 2660-301-0890, Budget Act of 1998
(Ch. 324, Stats. 1998)
2660-492--Reappropriation, Department of Transportation. The
balance
of the funds for the appropriation provided in the following citation
is
reappropriated for the purposes provided for in the appropriation and
is
available for encumbrance and expenditure until June 30, 2006.
0042--State Highway Account, State Transportation Fund (1) Item
2660-001-0042, Budget Act of 2001 (Ch. 106, Stats. 2001), as
reappropriated by 2660-492, Budget Act of 2002 (Ch. 379, Stats.
2002), and Budget Act of 2003 (Ch. 157, Stats. 2003), 20.10--Highway
Transportation--Capital Outlay Support, up to $7,057,000 shall be
available for the Project Resourcing and Schedule Maintenance System.
Beginning July 1, 2005, the Department of Transportation shall
provide to
the Chairperson of the Joint Legislative Budget Committee copies of
the
monthly status and oversight reports submitted to the Department of
Finance for the Project Resource and Scheduling Management Project
on a quarterly basis.
0890--Federal Trust Fund
(1) Item 2660-399-0890, Budget Act of 2004 (Ch.
208, Stats. 2004)
2660-493--Reappropriation, Department of Transportation.
Notwithstanding any other provision of law, the appropriations in the
following citations are reappropriated to enable the collection of
outstanding federal reimbursements as of the end of June 30, 2005.
These appropriations are not available for encumbrance or liquidation
and
shall revert on June 30, 2006:
0890--Federal Trust Fund
(1) Item 2660-001-890, Budget Act of 1987
(Ch. 135, Stats. 1987)
(2) Item 2660-001-890, Budget Act of 1988
(Ch. 313, Stats. 1988)
(3) Item 2660-001-890, Budget Act of 1989
(Ch. 93, Stats. 1989)
(4) Item 2660-001-890, Budget Act of 1990
(Ch. 467, Stats. 1990)
(5) Item 2660-001-890, Budget Act of 1991
(Ch. 118, Stats. 1991)
(6) Item 2660-001-890, Budget Act of 1992
(Ch. 587, Stats. 1992)
(7) Item 2660-001-890, Budget Act of 1993
(Ch. 55, Stats. 1993)
(8) Item 2660-001-890, Budget Act of 1994
(Ch. 139, Stats. 1994)
(9) Item 2660-001-890, Budget Act of 1995
(Ch. 303, Stats. 1995)
(10) Item 2660-301-890, Budget Act of 1992 (Ch. 587, Stats. 1992)
(11) Item 2660-001-0890, Budget Act of 1996 (Ch. 162, Stats.
1996)
(12) Item 2660-001-0890, Budget Act of 1997
(Ch. 282, Stats. 1997)
(13) Item 2660-001-0890, Budget Act of 1998
(Ch. 324, Stats. 1998)
(14) Item 2660-001-0890, Budget Act of 1999
(Ch. 50, Stats. 1999)
(15) Item 2660-001-0890, Budget Act of 2000
(Ch. 52, Stats. 2000)
2660-494--Extension of liquidation period, Department of
Transportation. Notwithstanding any other provision of law, the
period to
liquidate encumbrances of the following citations is extended until
June
30, 2006: 0042--State Highway Account, State Transportation Fund
(1) Item 2660-001-0042, Budget Act of 2000 (Ch. 52, Stats. 2000), as
reappropriated by Item 2660-492, Budget Act of 2001 (Ch. 106, Stats.
2001), and extension of liquidation by Item 2660-492, Budget Act of
2004 (Ch. 208, Stats. 2004), 50.00--Administration, up to $5,253,000
shall be available for the Transportation Permits Management Systems
Information Technology Project.
2660-495--Reversion, Department of Transportation. As of June 30,
2005, the balance specified below of the appropriations provided in
the
following citations shall revert to the fund from which the
appropriation
was made.
0041--Aeronautics Account
(1) $4,000 from Item 2660-001-0041, Budget Act of 2004 (Ch. 208,
Stats. 2004)
0042--State Highway Account
(2) $37,451,000 from Item 2660-001-0042, Budget Act of 2004 (Ch.
208, Stats. 2004)
0046--Public Transportation Account
(3) $145,000 from Item 2660-001-0046, Budget Act of 2004 (Ch. 208,
Stats. 2004)
0890--Federal Trust Fund
(4) $14,000,000 from Item 2660-001-0980, Budget Act of 2004 (Ch.
208, Stats. 2004)
2665-001-0046--For support of High-Speed Rail Authority, Program
10-High-Speed Rail Authority, payable from the Public Transportation
Account, State Transportation Fund . . . 4,251,000
Schedule:
(1) 10-High Speed Rail Authority . . . 4,576,000
(2) Reimbursements . . . -325,000
Provisions:
1. Of the funds appropriated in this item, $500,000 is allocated
for the
preparation of a financing plan. This amount shall not be available
for
expenditure and shall revert to the Public Transportation Account if
legislation is enacted in the first year of the 2005-06 Regular
Session that
removes the Safe, Reliable High-Speed Passenger Train Bond Act for
the 21st Century from the November 7, 2006, statewide general
election
ballot.
2. Of the funds appropriated in this item, $325,000 is allocated
for a
study of route alternatives and potential station locations along the
Fresno-to-Bakersfield corridor. This amount shall be available for
expenditure only if a local match of $325,000 is provided.
2665-490--Reappropriation, High Speed Rail Authority. The balance
of
the appropriation provided in the following citation is
reappropriated for
the purposes provided for in that appropriation and shall be
available for
encumbrance or expenditure until June 30, 2006: 0890--Federal Trust
Fund (1) Item 2665-001-0890, Budget Act of 2003 (Ch. 157, Stats.
2003)
2700-001-0044--For support of Office of Traffic Safety, payable
from
the Motor Vehicle Account, State Transportation Fund . . . 409,000
Schedule:
(1) 10-California Traffic Safety . . . 58,543,000
(2) Amount payable from the Federal Trust Fund (Item
2700-001-0890)
. . . -58,134,000
2700-001-0890--For support of Office of Traffic Safety, for
payment to
Item 2700-001-0044, payable from the Federal Trust Fund, not subject
to the provisions of Section 28.00 . . . 58,134,000
2700-101-0890--For local assistance, Office of Traffic Safety,
payable
from the Federal Trust Fund, not subject to the provisions of Section
28.00 . . . 26,384,000
2720-001-0042--For support of Department of the California Highway
Patrol, for payment to Item 2720-001-0044, payable from the State
Highway Account, State Transportation Fund . . . 52,484,000
2720-001-0044--For support of Department of the California Highway
Patrol, payable from the Motor Vehicle Account, State Transportation
Fund . . . 1,282,149,000
Schedule:
(1) 10-Traffic Management . . . 1,231,684,000
(2) 20-Regulation and Inspection . . . 153,929,000
(3) 30-Vehicle Ownership Security . . . 34,452,000
(4) 40.01-Administration . . . 163,949,000
(5) 40.02-Distributed Administration . . . -163,949,000
(6) Reimbursements . . . -66,373,000
(7) Amount payable from the State Highway Account (Item
2720-001-0042) . . . -52,484,000
(8) Amount payable from the Motor Carrier Safety Improvement Fund
(Item 2720-001-0293) . . . -1,456,000
(9) Amount payable from the California Motorcyclist Safety Fund
(Item
2720-001-0840) . . . -1,451,000
(10) Amount payable from the Federal Trust Fund (Item
2720-0010890)
. . . -13,859,000
(11) Amount payable from the Hazardous Substance Account, Special
Deposit Fund (Item 2720-001-0942) . . . -210,000
(12) Amount payable from the Asset Forfeiture Account, Special
Deposit
Fund (Item 2720-0110942) . . . -2,083,000
2720-001-0293--For support of Department of the California Highway
Patrol, for payment to Item 2720-001-0044, payable from the Motor
Carrier Safety Improvement Fund . . . 1,456,000
2720-001-0840--For support of Department of the California Highway
Patrol, for payment to Item 2720-001-0044, payable from the
California
Motorcyclist Safety Fund . . . 1,451,000
2720-001-0890--For support of Department of the California Highway
Patrol, for payment to Item 2720-001-0044, payable from the Federal
Trust Fund . . . 13,859,000
2720-001-0942--For support of Department of the California Highway
Patrol, for payment to Item 2720-001-0044, payable from the
Hazardous Substance Account, Special Deposit Fund . . . 210,000
2720-003-0044--For support of Department of the California Highway
Patrol for rental payments on lease- revenue bonds, payable from
Motor
Vehicle Account, State Transportation Fund . . . 950,000
Schedule:
(1) Base Rental and Fees . . . 949,000
(2) Insurance . . . 4,000
(3) Reimbursements . . . -3,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
2720-011-0942--For support of Department of the California Highway
Patrol, for payment to Item 2720-001-0044, payable from the Asset
Forfeiture Account, Special Deposit Fund . . . 2,083,000
2720-012-0903--For transfer by the Controller from the State
Penalty
Fund to the California Motorcyclist Safety Fund . . . (250,000)
2720-021-0044--For Department of the California Highway Patrol,
for
advance authority for the department to incur automotive equipment
purchase obligations in an amount not to exceed $5,000,000 during the
2005-06 fiscal year, for delivery beginning in the 2006-07 fiscal
year,
payable from the Motor Vehicle Account, State Transportation Fund . .
.
(5,000,000)
2720-101-0974--For local assistance, Department of California
Highway Patrol, payable from the Peace Officer Memorial Foundation
Fund . . . 400,000
2720-301-0044--For capital outlay, Department of the California
Highway Patrol, payable from the Motor Vehicle Account, State
Transportation Fund . . . 10,237,000
Schedule:
(1) 50.16.106-Williams: Replacement Facility--Working drawings and
construction . . . 4,289,000
(2) 50.57.507-Santa Fe Springs: Replacement Facility--Acquisition
and
preliminary plans . . . 3,290,000
(3) 50.58.500-Central Los Angeles: Purchase option . . . 2,393,000
(4) 50.62.602-San Diego: Building Alterations--Preliminary plans
and
working drawings . . . 215,000
(5) 50.90.901-Statewide: Studies, preplanning and budget packages
. . .
50,000
2720-490--Reappropriation, Department of the California Highway
Patrol. The balances of the appropriations provided for in the
following
citations are reappropriated for the purposes and subject to the
limitations, unless otherwise specified, in the appropriation:
0042--State
Highway Account (1) Item 2720-301-0042, Budget Act of 1999 (Ch.
50, Stats. 1999), as reappropriated by Item 2720-490, Budget Act of
2002 (Ch. 379, Stats. 2002) (1) 50.56.506-Los Angeles Regional
Transportation Management Center--Equipment
2740-001-0042--For support of Department of Motor Vehicles, for
payment to Item 2740-001-0044, payable from the State Highway
Account, State Transportation Fund . . . 40,202,000
2740-001-0044--For support of Department of Motor Vehicles,
payable from the Motor Vehicle Account, State Transportation Fund . .
.
413,413,000
Schedule:
(1) 11-Vehicle/Vessel Identification and Compliance . . .
437,104,000
(2) 22-Driver Licensing and Personal Identification . . .
193,867,000
(3) 25-Driver Safety . . . 98,250,000
(4) 32-Occupational Licensing and Investigative Services . . .
41,472,000
(5) 35-New Motor Vehicle Board . . . 1,934,000
(6) 41.01-Administration . . . 91,529,000
(7) 41.02-Distributed Administration . . . -91,529,000
(8) Reimbursements . . . -13,485,000
(9) Amount payable from the State Highway Account, State
Transportation Fund (Item 2740-0010042) . . . -40,202,000
(10) Amount payable from the New Motor Vehicle Board Account (Item
2740-001-0054) . . . -1,934,000
(11) Amount payable from the Motor Vehicle License Fee Account,
Transportation Tax Fund (Item 2740-001-0064) . . . -298,580,000
(12) Amount payable from the Harbors and Watercraft Revolving Fund
(Item 2740-001-0516) . . . -5,013,000
2740-001-0054--For support of Department of Motor Vehicles, for
payment to Item 2740-001-0044, payable from the New Motor Vehicle
Board Account . . . 1,934,000
2740-001-0064--For support of Department of Motor Vehicles, for
payment to Item 2740-001-0044, payable from the Motor Vehicle
License Fee Account, Transportation Tax Fund . . . 298,580,000
2740-001-0516--For support of Department of Motor Vehicles, for
payment to Item 2740-001-0044, payable from the Harbors and
Watercraft Revolving Fund . . . 5,013,000
Provisions:
1. The funds appropriated in this item are for undocumented vessel
registration and fee collection.
2740-002-0064--For support of Department of Motor Vehicles,
payable from the Motor Vehicle License Fee Account, Transportation
Tax Fund, for payment of costs associated with the Woosley litigation
. . .
1,500,000
2740-301-0042--For capital outlay, Department of Motor Vehicles,
for
payment to Item 2740-301-0044, payable from the State Highway
Account, State Transportation Fund . . . 635,000
2740-301-0044--For capital outlay, Department of Motor Vehicles,
payable from the Motor Vehicle Account, State Transportation Fund . .
.
6,264,000
Schedule:
(1) 71.03.019-Sacramento Headquarters: 3rd Floor Asbestos Removal
and Seismic Retrofit--Working drawings and construction . . .
11,186,000
(2) 71.22.010-Statewide: Studies, preplanning and budget packages
. . .
100,000
(3) Amount payable from the State Highway Account, State
Transportation Fund (Item 2740-301-0042) . . . -635,000
(4) Amount payable from the Motor Vehicle License Fee Account,
Transportation Tax Fund (Item 2740-301-0064) . . . -4,387,000
2740-301-0064--For capital outlay, Department of Motor Vehicles,
for
payment to Item 2740-301-0044, payable from the Motor Vehicle
License Fee Account, Transportation Tax Fund . . . 4,387,000
2740-495--Reversion, Department of Motor Vehicles. As of June 30,
2005, the unencumbered balances of the appropriations provided in the
following citations shall revert to the balances of the funds from
which the
appropriations were made:
0042--State Highway Account, State Transportation Fund
(1) Item 2740-301-0042, Budget Act of 2004 (Ch.
208, Stats. 2004)
(1) 71.03.020-Sacramento Headquarters: 5th Floor Asbestos Removal
and Seismic Retrofit--Construction
(2) Item 2740-301-0042, Budget Act of 2003 (Ch.
157, Stats. 2003)
(1) 71.03.019-Sacramento Headquarters: 3rd Floor Asbestos Removal
and Seismic Retrofit--Construction
0044--Motor Vehicle Account, State Transportation Fund
(1) Item 2740-301-0044, Budget Act of 2004 (Ch.
208, Stats. 2004)
(1) 71.03.020-Sacramento Headquarters: 5th Floor Asbestos Removal
and Seismic Retrofit--Construction
(2) Item 2740-301-0044, Budget Act of 2003 (Ch.
157, Stats. 2003)
(1) 71.03.019-Sacramento Headquarters: 3rd Floor Asbestos Removal
and Seismic Retrofit--Construction
0064--Motor Vehicle License Fee Account, State Transportation Fund
(1) Item 2740-301-0064, Budget Act of 2004 (Ch.
208, Stats. 2004)
(1) 71.03.020-Sacramento Headquarters: 5th Floor Asbestos Removal
and Seismic Retrofit--Construction
(2) Item 2740-301-0064, Budget Act of 2003 (Ch.
157, Stats. 2003)
(1) 71.03.019-Sacramento Headquarters: 3rd Floor Asbestos Removal
and Seismic Retrofit--Construction
2780-001-0683--For support of Stephen P. Teale Data Center,
payable
from the Stephen P. Teale Data Center Revolving Fund . . . 99,600,000
Provisions:
1. The funds appropriated in this item are available for
expenditure or
encumbrance and the language included in this item is applicable only
until
the Governor's Reorganization Plan, or similar legislation creating
the
Department of Technology Services, becomes law. At the time the
Department of Technology Services is created, the unencumbered
balance of funds appropriated in this item shall immediately revert
to the
Teale Data Center Revolving Fund.
2. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for the Stephen P. Teale Data Center in
excess of the amount appropriated not sooner than 30 days after
notification in writing of the necessity therefor is provided to the
chairpersons of the fiscal committees in each house of the
Legislature and
the Chairperson of the Joint Legislative Budget Committee, or not
sooner
than whatever lesser time the chairperson of the committee, or his or
her
designee, may in each instance determine.
3. Expenditure authority provided in this item to support data
center
infrastructure projects may not be utilized for items outside the
approved
project scope. In addition, the data center shall report to the
Department
of Finance actual expenditures associated with the projects when
purchase agreements have been executed.
RESOURCES
3110-001-0140--For support of Special Resources Program, Program
30--Sea Grant Program, payable from the California Environmental
License Plate Fund, for grants to public and private higher education
for
use as a maximum of two-thirds of the local matching share for
projects
under the National Sea Grant College Program Act, as amended . . .
205,000
3110-101-0071--For local assistance, Special Resources Program,
Program 20--Yosemite Foundation, payable from the Yosemite
Foundation Account, California Environmental License Plate Fund . . .
840,000
Provisions:
1. There is hereby appropriated to the Special Resources Program
for
allocation by the State Controller to the Yosemite Foundation all
moneys
deposited in the account for activities authorized pursuant to
Section
5064 of the Vehicle Code (Chapter 1273, Statutes of 1992).
3110-101-0140--For local assistance, Special Resources Program,
Program 10--Tahoe Regional Planning Agency, payable from the
California Environmental License Plate Fund . . . 3,514,000
3110-101-0516--For local assistance, Special Resources Program,
Program 10--Tahoe Regional Planning Agency, payable from the
Harbors and Watercraft Revolving Fund . . . 124,000
Provisions:
1. Notwithstanding any other provision of law, funds in this item
shall be
expended to implement motorized watercraft regulations adopted by the
Tahoe Regional Planning Agency.
3125-001-0001--For support of California Tahoe Conservancy . . . 0
Schedule:
(1) 10-Tahoe Conservancy . . . 4,805,000
(2) Reimbursements . . . -60,000
(3) Amount payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund (Item 3125-001-0005) . .
. -150,000
(4) Amount payable from the California Environmental License Plate
Fund (Item 3125-001-0140) . . . -2,912,000
(5) Amount payable from the Habitat Conservation Fund (Item
3125-001-0262) . . . -100,000
(6) Amount payable from the Lake Tahoe Conservancy Account (Item
3125-001-0286) . . . -376,000
(7) Amount payable from the Tahoe Conservancy Fund (Item
3125-001-0568) . . . -202,000
(8) Amount payable from the California Clean Water, Clean Air,
Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3125-001-6029) . . . -631,000
(9) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3125-001-6031) . . .
-374,000
3125-001-0005--For support of California Tahoe Conservancy, for
payment to Item 3125-001-0001, payable from the Safe Neighborhood
Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund . . .
150,000
3125-001-0140--For support of California Tahoe Conservancy, for
payment to Item 3125-001-0001, payable from the California
Environmental License Plate Fund . . . 2,912,000
3125-001-0262--For support of California Tahoe Conservancy, for
payment to Item 3125-001-0001, payable from the Habitat
Conservation Fund . . . 100,000
3125-001-0286--For support of California Tahoe Conservancy, for
payment to Item 3125-001-0001, payable from the Lake Tahoe
Conservancy Account . . . 376,000
3125-001-0568--For support of California Tahoe Conservancy, for
payment to Item 3125-001-0001, payable from the Tahoe Conservancy
Fund . . . 202,000
Provisions:
1. Of this amount, pursuant to Section 66908.3 of the Government
Code,
the conservancy shall pay $48,480 to the County of Placer, and
$2,020
to the County of El Dorado.
2. Fifty percent of the amounts pursuant to Provision 1 above
shall be
used by the Counties of Placer and El Dorado for soil erosion control
projects in the Lake Tahoe region, as defined in Section 66905.5 of
the
Government Code.
3125-001-6029--For support of California Tahoe Conservancy, for
payment to Item 3125-001-0001, payable from the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
Fund . . . 631,000
3125-001-6031--For support of California Tahoe Conservancy, for
payment to Item 3125-001-0001, payable from the Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 . . .
374,000
3125-101-6029--For local assistance, California Tahoe Conservancy,
payable from the California Clean Water, Clean Air, Safe Neighborhood
Parks, and Coastal Protection Fund . . . 3,000,000
Schedule:
(1) 10-Tahoe Conservancy . . . 3,000,000
Provisions:
1. The acquisition of real property or an interest in real
property with
funds appropriated in this item is not subject to the Property
Acquisition
Law when the value is $250,000 or less, and, therefore, is not
subject to
approval by the State Public Works Board.
2. The amount appropriated in this item is available for
expenditure for
capital outlay or local assistance. Expenditures of funds for grants
to
public agencies and grants to nonprofit organizations, as authorized
by
subdivision (a) of Section 66907.7 of the Government Code, are exempt
from review of the State Public Works Board.
3. This appropriation shall be available for expenditure until
June 30,
2008.
3125-101-6031--For local assistance, California Tahoe Conservancy,
payable from the Water Security, Clean Drinking Water, Coastal and
Beach Protection Fund of 2002 . . . 9,000,000
Schedule:
(1) 10-Tahoe Conservancy . . . 9,000,000
Provisions:
1. The acquisition of real property or an interest in real
property with
funds appropriated in this item is not subject to the Property
Acquisition
Law when the value is $250,000 or less, and, therefore, is not
subject to
approval by the State Public Works Board.
2. The amount appropriated in this item is available for
expenditure for
capital outlay or local assistance. Expenditures of funds for grants
to
public agencies and grants to nonprofit organizations, as authorized
by
subdivision (a) of Section 66907.7 of the Government Code, are exempt
from review of the State Public Works Board.
3. This appropriation shall be available for expenditure until
June 30,
2008.
3125-301-0262--For capital outlay, California Tahoe Conservancy,
payable from the Habitat Conservation Fund . . . 400,000
Schedule:
(1) 50.30.003-Acquisition, restoration, and enhancement of habitat
. . .
400,000
Provisions:
1. The acquisition of real property or interests with funds
appropriated by
this item is not subject to the Property Acquisition Law when the
value is
less than $250,000 and, therefore, is not subject to Public Works
Board
approval.
2. The amount appropriated in this item is available for
expenditure for
capital outlay or for local assistance until June 30, 2008.
Expenditures of
funds for grants to public agencies and grants to nonprofit
organizations,
as authorized by subdivision (a) of Section 66907.7 of the Government
Code, are exempt from Public Works Board review.
3125-301-0286--For capital outlay, California Tahoe Conservancy,
payable from the Lake Tahoe Conservancy Account . . . 754,000
Schedule:
(1) 50.30.002-Land acquisition and site improvements--Public
access
and recreation pursuant to Title 7.42 (commencing with Section 66905)
of the Government Code . . . 377,000
(2) 50.30.004-Land acquisition and site improvements--Stream
environment zones and watershed restorations pursuant to Title 7.42
(commencing with Section 66905) of the Government Code . . . 377,000
Provisions:
1. The acquisition of real property or interests with funds
appropriated by
this item is not subject to the Property Acquisition Law when the
value is
less than $250,000 and, therefore, is not subject to Public Works
Board
approval.
2. The amount appropriated in this item is available for
expenditure for
capital outlay or for local assistance until June 30, 2008.
Expenditures of
funds for grants to public agencies and grants to nonprofit
organizations,
as authorized by subdivision (a) of Section 66907.7 of the Government
Code, are exempt from Public Works Board review.
3125-301-6029--For capital outlay, California Tahoe Conservancy,
payable from the California Clean Water, Clean Air, Safe Neighborhood
Parks, and Coastal Protection Fund.......... . . . 7,123,000
Schedule:
(1) 50.30.002-For land acquisition and site improvements for
public
access and recreation pursuant to Title 7.42 (commencing with Section
66905) of the Government Code . . . 1,223,000
(2) 50.30.003-For land acquisition and site improvements for
wildlife
enhancement pursuant to Title 7.42 (commencing with Section 66905) of
the Government Code . . . 750,000
(3) 50.30.004-For land acquisition and site improvements for
stream
environment zones and watershed restorations pursuant to Title 7.42
(commencing with Section 66905) of the Government Code . . .
4,090,000
(4) 50.30.005-For land acquisitions pursuant to Title 7.42
(commencing
with Section 66905) of the Government Code . . . 1,500,000
(5) Reimbursements . . . -440,000
Provisions:
1. The acquisition of real property or an interest in real
property with
funds appropriated in this item is not subject to the Property
Acquisition
Law when the value is $250,000 or less, and, therefore, is not
subject
to approval by the State Public Works Board.
2. The amount appropriated in this item is available for
expenditure for
capital outlay or local assistance. Expenditures of funds for grants
to
public agencies and grants to nonprofit organizations, as authorized
by
subdivision (a) of Section 66907.7 of the Government Code, are exempt
from the review of the State Public Works Board.
3. The amount appropriated in this item is available for
expenditure until
June 30, 2008.
3340-001-0001--For support of California Conservation Corps . . .
24,130,000
Schedule:
(1) 10-Training and Work Program . . . 58,080,000
(2) 20.01-Administration . . . 6,480,000
(3) 20.02-Distributed Administration . . . -6,480,000
(4) 97.20.001-Unallocated Reduction . . . -378,000
(5) Amount payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund (Item 3340-001-0005) . .
. -5,000
(6) Amount payable from the California Environmental License Plate
Fund (Item 3340-001-0140) . . . -306,000
(7) Amount payable from the Public Resources Account, Cigarette
and
Tobacco Products Surtax Fund (Item 3340-001-0235) . . . -292,000
(8) Amount payable from the Collins-Dugan California Conservation
Corps Reimbursement Account (Item 3340-001-0318) . . . -31,745,000
(9) Amount payable from the California Clean Water, Clean Air,
Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3340-001-6029) . . . -1,224,000
Provisions:
1. Of the funds appropriated in this item, $2,725,000 shall be
available
for use by the California Conservation Corps to respond to natural
disasters and other emergencies, including the fighting of forest
fires. The
Director of Finance may adjust this amount to the extent indicated by
corrections identified by the director in the reports of the past
expenditures of the California Conservation Corps upon which the
amounts appropriated by this item are based. The Director of Finance
shall notify the Chairperson of the Joint Legislative Budget
Committee at
least 30 days prior to making that adjustment.
2. To the extent that funds in excess of the amount identified in
Provision
1 are necessary in order for the California Conservation Corps to
respond to one or more emergencies declared by the Governor, the
Department of Finance shall transfer, from the funds available
pursuant to
Section 8690.6 of the Government Code, an amount not to exceed
$1,500,000 as necessary to fund that response. If, after the
Department
of Finance has transferred funds pursuant to this provision, the
California
Conservation Corps receives reimbursements or other amounts in
payment of its costs of response to one or more declared emergencies,
those amounts shall be deposited in the General Fund.
3340-001-0005--For support of California Conservation Corps, for
payment to Item 3340-001-0001, payable from the Safe Neighborhood
Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund . . .
5,000
3340-001-0140--For support of California Conservation Corps, for
payment to Item 3340-001-0001, payable from the California
Environmental License Plate Fund . . . 306,000
3340-001-0235--For support of California Conservation Corps, for
payment to Item 3340-001-0001, payable from the Public Resources
Account, Cigarette and Tobacco Products Surtax Fund . . . 292,000
3340-001-0318--For support of California Conservation Corps, for
payment to Item 3340-001-0001, payable from the Collins-Dugan
California Conservation Corps Reimbursement Account . . . 31,745,000
Provisions:
1. Notwithstanding Section 14316 of the Public Resources Code, the
Department of Finance may make a loan from the General Fund to the
Collins-Dugan California Conservation Corps reimbursement account for
the purposes of this item, in the amount of 25 percent of the
reimbursements anticipated in the Collins-Dugan California
Conservation
Corps Reimbursement Account to be received by the California
Conservation Corps from each client agency, not to exceed an
aggregate
total of $7,936,250 to meet cashflow needs due to delays in
collecting
reimbursements. Any loan made by the Department of Finance pursuant
to this provision shall only be made if the California Conservation
Corps
has a valid contract or certification signed by the client agency,
which
demonstrates that sufficient funds will be available to repay the
loan. All
moneys so transferred shall be repaid to the General Fund as soon as
possible, but not later than one year from the date of the loan. On
and
after a date of 90 days after the end of that year, the Department of
Finance shall charge interest to the California Conservation Corps,
at the
rate earned in the Pooled Money Investment Fund, on any portion of
the
loan that has not been repaid.
2. Notwithstanding Section 28.50 of the 2005 Budget Act, the
Department of Finance may augment this item to reflect increases in
reimbursements in the Collins-Dugan
California Conservation Corps
Reimbursement Account received from another officer, department,
division, bureau, or other agency of the state.
3340-001-6029--For support of California Conservation Corps, for
payment to Item 3340-001-0001, payable from the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
Fund . . . 1,224,000
3340-101-0005--For local assistance, California Conservation
Corps,
payable from the Safe Neighborhood Parks, Clean Water, Clean Air,
and Coastal Protection Bond Fund . . . 64,000
3340-101-6029--For local assistance, California Conservation
Corps,
payable from the California Clean Water, Clean Air, Safe Neighborhood
Parks, and Coastal Protection Fund . . . 2,105,000
3340-301-0660--For Capital Outlay California Conservation Corps,
payable from the Public Buildings Construction Fund . . . 37,096,000
Schedule:
(1) 20.10.150-Delta Service District Center--Acquisition,
preliminary
plans, working drawings, and construction . . . 21,717,000
(2) 20.10.145-Camarillo Satellite Relocation/construction--Working
drawings and construction . . . 15,379,000
Provisions:
1. The State Public Works Board may issue lease-revenue bonds,
notes,
or bond anticipation notes pursuant to Chapter 5 (commencing with
Section 15830) of Part 10b of Division 3 of Title 2 of the Government
Code to finance the acquisition, design, and construction of the
projects
authorized by this item.
2. The State Public Works Board and the California Conservation
Corps
may obtain interim financing for the project costs authorized in this
item
from any appropriate source including, but not limited to, the Pooled
Money Investment Account pursuant to Sections 16312 and 16313 of
the Government Code.
3. The State Public Works Board may authorize the augmentation of
the
costs of acquisition, design, and construction of the projects
scheduled in
this item pursuant to the board's authority under Section 13332.11 of
the
Government Code. In addition, the State Public Works Board may
authorize any additional amount necessary to establish a reasonable
construction reserve and to pay the cost of financing a debt service
fund,
and the cost of issuance of permanent financing for the project. This
additional amount may include interest payable on any interim
financing
obtained.
4. The California Conservation Corps is authorized and directed to
execute and deliver any and all leases, contracts, agreements, or
other
documents necessary or advisable to consummate the financing of the
projects authorized in this item.
5. The State Public Works Board shall not be deemed a lead or
responsible agency for purposes of the California Environmental
Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) for any activities under the State Building
Construction
Act of 1955 (Part 10b (commencing with Section 15800) of Division 3
of Title 2 of the Government Code). This provision does not exempt
the
California Conservation Corps from the requirements of the California
Environmental Quality Act. This provision is intended to be
declarative of
existing law.
3340-490--Reappropriation, California Conservation Corps.
Notwithstanding any other provision of law, the balance of the
appropriations provided in the following citations are reappropriated
for
the purposes and subject to the limitations, unless otherwise
specified,
provided for in the appropriations:
0660--Public Buildings Construction Fund
(1) Item 3340-301-0660, Budget Act of 2003 (Ch. 157, Stats. 2003),
as reappropriated by Item 3340-490, Budget Act of 2004 (Ch. 208,
Stats. 2004)
(1) 20.10.170-Tahoe Base Center Relocation--Acquisition,
preliminary
plans, working drawings and construction
Provisions:
1. Notwithstanding any other provision of law, the funds
appropriated in
this item shall be available for expenditure until June 30, 2008,
except
appropriations for preliminary plans which shall be available until
June 30,
2006, and appropriations for working drawings which shall be
available
for expenditure until June 30, 2007.
3340-491--Reappropriation, California Conservation Corps. The
amounts specified in the following citations are reappropriated for
the
purposes provided for in those appropriations and shall be available
for
encumbrance or expenditure until June 30, 2006: 0005--Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Fund
(1) $590,000 in Item 3340-101-0005, Budget Act of 2004 (Ch. 208,
Stats. 2004), for local assistance to local conservation corps. Of
that
amount, $106,000 shall be for Long Beach local corps for resource
conservation projects, and $484,000 shall be for Fresno local corps
for
the construction of a recreation building with a neighborhood youth
center.
6029--California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund
(1) $2,000,000 in Item 3340-101-6029, Budget Act of 2004 (Ch. 208,
Stats. 2004) for local assistance to local conservation corps. Of
that
amount, $1,200,000 shall be for Fresno local corps, and $800,000
shall
be for San Francisco local corps, for capital outlay projects to meet
their
program needs.
3340-495--Reversion, California Conservation Corps. As of June 30,
2005, the unencumbered balances of the appropriations provided for in
the following citations shall revert to the fund from which the
appropriation was made:
0660--Public Buildings Construction Fund
(1) Item 3340-301-0660, Budget Act of 2001 (Ch. 106, Stats. 2001),
as reappropriated by Item 3340-490, Budget Act of 2002 (Ch. 379,
Stats. 2002)
(1) 20.10.145-Camarillo Satellite
Relocation/Construction--Construction
(2) Funds appropriated in paragraph (1) of subdivision (b) of
Section 2
of Chapter 3 of the Statutes of 2002, Third Extraordinary Session, as
reappropriated by Item 3340-490, Budget Act of 2002 (Ch. 379, Stats.
2002), for the Delta Service Center District Site Selection and
Acquisition Project 20.10.150 shall be available for acquisition,
preliminary plans, working drawings, and construction.
3360-001-0044--For support of Energy Resources Conservation and
Development Commission, for payment to Item 3360-001-0465,
payable from the Motor Vehicle Account, State Transportation Fund . .
.
139,000
3360-001-0381--For support of Energy Resources Conservation and
Development Commission, for payment to Item 3360-001-0465,
payable from the Public Interest Research, Development and
Demonstration Fund . . . 80,080,000
Provisions:
1. Notwithstanding subdivision (a) of Section 2.00 of this act,
funds
appropriated in this item shall be available for expenditure during
the
2005-06 and 2006-07 fiscal years.
2. Notwithstanding Section 16304.1 of the Government Code, funds
appropriated in this item shall be available for liquidation of
encumbrances
until June 30, 2011.
3. Notwithstanding any other provision of law, funds appropriated
in this
item may be used by the Energy Resources Conservation and
Development Commission to provide grants, loans, or repayable
research
contracts. When the commission evaluates proposals, a high-point
scoring method may be used in lieu of lowest cost. Repayment terms
shall
be determined by the commission.
3360-001-0382--For support of Energy Resources Conservation and
Development Commission, for payment to Item 3360-001-0465,
payable from the Renewable Resource Trust Fund . . . 4,748,000
3360-001-0465--For support of Energy Resources Conservation and
Development Commission, payable from the Energy Resources Programs
Account . . . 49,807,000
Schedule:
(1) 10-Regulatory and Planning . . . 25,731,000
(2) 20-Energy Resources Conservation . . . 16,669,000
(3) 30-Development . . . 108,595,000
(4) 40.01-Policy, Management and Administration . . . 11,522,000
(5) 40.02-Distributed Policy, Management and Administration . . .
-11,522,000
(6) Reimbursements . . . -5,745,000
(7) Amount payable from the Motor Vehicle Account, State
Transportation Fund (Item 3360-001-0044) . . . -139,000
(8) Amount payable from the Public Interest Research, Development
and
Demonstration Fund (Item 3360-001-0381) . . . -80,080,000
(9) Amount payable from the Renewable Resource Trust Fund (Item
3360-001-0382) . . . -4,748,000
(10) Amount payable from the Energy Technologies Research
Development and Demonstration Account (Item 3360-001-0479) . . .
-100,000
(11) Amount payable from the Local Government Geothermal Resources
Revolving Subaccount, GRDA (Item 3360-001-0497) . . . -307,000
(12) Amount payable from the Federal Trust Fund (Item
3360-001-0890) . . . -8,911,000
(13) Amount payable from the Gas Consumption Surcharge Fund (Item
3360-001-3015) . . . -535,000
(14) Amount payable from the Energy Facility License and
Compliance
Fund (Item 3360-001-3062) . . . -623,000
Provisions:
1. Notwithstanding Section 16304.1 of the Government Code, funds
appropriated in this item for the Energy Technology Export Program
shall
be available for liquidation of encumbrances until June 30, 2009.
3360-001-0479--For support of Energy Resources Conservation and
Development Commission, for payment to Item 3360-001-0465,
payable from the Energy Technologies Research, Development and
Demonstration Account for the purpose of funding loans, grants and
contracts to provide a variety of research projects . . . 100,000
Provisions:
1. Notwithstanding subdivision (a) of Section 2.00 of this act,
funds
appropriated in this item shall be available for expenditure during
the
2005-06 and 2006-07 fiscal years.
2. Notwithstanding Section 16304.1 of the Government Code, funds
appropriated in this item shall be available for liquidation of
encumbrances
until June 30, 2009.
3. Notwithstanding any other provision of law, funds appropriated
in this
item may be used by the Energy Resources Conservation and
Development Commission to provide grants, loans, or repayable
research
contracts. When the commission evaluates proposals, a high-point
scoring method may be used in lieu of lowest cost. Repayment terms
shall
be determined by the commission.
3360-001-0497--For support of Energy Resources Conservation and
Development Commission, for payment to Item 3360-001-0465,
payable from the Local Government Geothermal Resources Revolving
Subaccount, GRDA . . . 307,000
3360-001-0890--For support of Energy Resources Conservation and
Development Commission, for payment to Item 3360-001-0465,
payable from the Federal Trust Fund . . . 8,911,000
3360-001-3015--For support of Energy Resources Conservation and
Development Commission, for payment to Item 3360-001-0465,
payable from the Gas Consumption Surcharge Fund . . . 535,000
3360-001-3062--For support of Energy Resources Conservation and
Development Commission, for payment to Item 3360-001-0465,
payable from the Energy Facility License and Compliance Fund . . .
623,000
3360-011-0381--For transfer by the Controller, upon order of the
Director of Finance, from the Public Interest Research, Development,
and Demonstration Fund to the General Fund . . . (4,000,000)
Provisions:
1. The amount displayed in this item is for informational purposes
only
and is based upon the current estimate of interest earned by the
Public
Interest Research, Development, and Demonstration Fund for the
2005-06 fiscal year. The actual amount to be transferred through this
item
shall be the actual amount of interest earned for the 2005-06 fiscal
year
as determined by the Controller.
3360-101-0497--For local assistance, Energy Resources Conservation
and Development Commission, pursuant to Section 3822 of the Public
Resources Code, payable from the Local Government Geothermal
Resources Revolving Subaccount, GRDA . . . 3,500,000
Schedule:
(1) 30-Development . . . 3,500,000
Provisions:
1. Funds appropriated in this item shall be available for
expenditure until
June 30, 2007.
2. Notwithstanding Section 16304.1 of the Government Code, funds
appropriated in this item shall be available for liquidation until
June 30,
2009.
3360-490--Reappropriation, Energy Resources Conservation and
Development Commission. Notwithstanding any other provision of law,
the period to liquidate encumbrance of the following citations are
extended to June 30, 2006:
0381--Public Interest Research, Development, and Demonstration
Fund
(1) Item 3360-001-0381, Budget Act of 1999
(Ch. 50, Stats. 1999).
0497--Local Government Geothermal Resources Revolving Subaccount,
Geothermal Resources Development Account
(1) Item 3360-101-0497, Budget Act of 1999
(Ch. 50, Stats. 1999).
3360-491--Reappropriation, Energy Resources Conservation and
Development Commission. Notwithstanding any other provision of law,
the period to liquidate encumbrances of the following citations are
extended to June 30, 2007:
0465--Energy Resources Programs Account
(1) Item 3360-001-0465, Budget Act of 2002
(Ch. 379, Stats. 2002).
3460-001-0001--For support of Colorado River Board of California .
. .
0
Schedule:
(1) 10-Protection of California's Colorado River Rights and
Interests . . .
1,237,000
(2) Reimbursements . . . -1,237,000
3480-001-0001--For support of Department of Conservation . . .
4,006,000
Schedule:
(1) 10-Geologic Hazards and Mineral Resources Conservation . . .
27,276,000
(2) 20-Oil, Gas, and Geothermal Resources . . . 16,594,000
(3) 30-Land Resource Protection . . . 4,256,000
(4) 40.01-Administration . . . 11,329,000
(5) 40.02-Distributed Administration . . . -11,329,000
(6) 50-Beverage Container Recycling and Litter Reduction Program .
. .
35,227,000
(7) 97.20.001-Unallocated Reduction . . . -62,000
(8) Reimbursements . . . -8,713,000
(9) Amount payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund (Item 3480-001-0005) . .
. -433,000
(10) Amount payable from the Surface Mining and Reclamation
Account
(Item 3480-001-0035) . . . -1,269,000
(11) Amount payable from the State Highway Account, State
Transportation Fund (Item 3480-001-0042) . . . -12,000
(12) Amount payable from the California Beverage Container
Recycling
Fund (Item 3480-001-0133) . . . -35,127,000
(13) Amount payable from the Soil Conservation Fund (Item
3480-001-0141) . . . -2,599,000
(14) Amount payable from the Hazardous and Idle-Deserted Well
Abatement Fund (Section 3206, Public Resources Code) . . . -100,000
(15) Amount payable from the Mine Reclamation Account (Item
3480-001-0336) . . . -2,855,000
(16) Amount payable from the Strong Motion Instrumentation and
Seismic Hazards Mapping Fund (Item 3480-001-0338) . . . -8,475,000
(17) Amount payable from the Federal Trust Fund (Item
3480-001-0890) . . . -1,730,000
(18) Amount payable from the Bosco Keene Renewable Resources
Investment Fund (Item 3480-001-0940) . . . -858,000
(19) Amount payable from the Abandoned Mine Reclamation and
Mineral Fund Subaccount, Mine Reclamation Account (Item
3480-001-3025) . . . -409,000
(20) Amount payable from the Oil, Gas, and Geothermal
Administrative
Fund (Item 3480-001-3046) . . . -15,501,000
(21) Amount payable from the Agriculture and Open Space Mapping
Subaccount (Item 3480-001-6004) . . . -430,000
(22) Amount payable from the California Clean Water, Clean Air,
Safe
Neighborhood Parks and Coastal Protection Fund of 2002 (Item
3480-001-6029) . . . -540,000
(23) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3480-001-6031) . . .
-234,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order
of the Department of Finance, the Department of Conservation may
borrow sufficient funds, from special funds that otherwise provide
support
for the department, to meet cashflow needs due to delays in
collecting
reimbursements. Any loan made by the Department of Finance pursuant
to this provision may be made only if the Department of Conservation
has
a valid contract or certification signed by the client agency, which
demonstrates that sufficient funds will be available to repay the
loan. All
money so transferred shall be repaid to the special fund as soon as
possible, but not later than one year from the date of the loan.
3480-001-0005--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Safe Neighborhood
Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund . . .
433,000
3480-001-0035--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Surface Mining and
Reclamation Account . . . 1,269,000
3480-001-0042--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the State Highway
Account, State Transportation Fund . . . 12,000
Provisions:
1. The funds appropriated in this item are for the state's share
of costs of
the California Institute of Technology seismograph network.
3480-001-0133--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the California Beverage
Container Recycling Fund . . . 35,127,000
3480-001-0141--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Soil Conservation
Fund . . . 2,599,000
3480-001-0336--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Mine Reclamation
Account . . . 2,855,000
3480-001-0338--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Strong Motion
Instrumentation and Seismic Hazards Mapping Fund . . . 8,475,000
3480-001-0890--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Federal Trust Fund .
. . 1,730,000
3480-001-0940--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Bosco Keene
Renewable Resources Investment Fund . . . 858,000
3480-001-3025--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Abandoned Mine
Reclamation and Minerals Fund Subaccount, Mine Reclamation Account
. . . 409,000
3480-001-3046--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Oil, Gas, and
Geothermal Administrative Fund . . . 15,501,000
3480-001-6004--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Agriculture and
Open Space Mapping Subaccount . . . 430,000
3480-001-6029--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the California Clean
Water, Clean Air, Safe Neighborhood Parks and Coastal Protection
Fund of 2002 . . . 540,000
3480-001-6031--For support of Department of Conservation, for
payment to Item 3480-001-0001, payable from the Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 . . .
234,000
3480-012-0001--For transfer by the Controller to the Oil, Gas, and
Geothermal Administrative Fund . . . 859,000
3480-101-6029--For local assistance, Department of Conservation,
payable from the California Clean Water, Clean Air, Safe Neighborhood
Parks, and Coastal Protection Fund . . . 14,944,000
Provisions:
1. The funds appropriated in this item shall be available for
expenditure
until June 30, 2007.
3480-101-6031--For local assistance, Department of Conservation,
payable from the Water Security, Clean Drinking Water, Coastal and
Beach Protection Fund of 2002 . . . 3,000,000
Provisions:
1. The funds appropriated in this item shall be available for
expenditure
until June 30, 2007.
3540-001-0001--For support of Department of Forestry and Fire
Protection . . . 435,993,000
Schedule:
(.1) 10-Office of the State Fire Marshal . . . 13,793,000
(.2) 11-Fire Protection . . . 745,090,000
(.3) 12-Resource Management . . . 51,380,000
(.4) 20.01-Administration . . . 57,060,000
(.5) 20.02-Distributed Administration . . . -56,630,000
(4) Reimbursements . . . -223,932,000
(6) Amount payable from the General Fund (Item 3540-006-0001) . .
.
-95,000,000
(7) Amount payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund (Item 3540-001-0005) . .
. -254,000
(8) Amount payable from the State Emergency Telephone Number
Account (Item 3540-001-0022) . . . -1,078,000
(9) Amount payable from the Unified Program Account (Item
3540-001-0028) . . . -318,000
(10) Amount payable from the State Fire Marshal Licensing and
Certification Fund (Item 3540-001-0102) . . . -1,949,000
(11) Amount payable from the California Environmental License
Plate
Fund (Item 3540-001-0140) . . . -395,000
(12) Amount payable from the California Fire and Arson Training
Fund
(Item 3540-001-0198) . . . -1,619,000
(13) Amount payable from the Hazardous Liquid Pipeline Safety Fund
(Item 3540-001-0209) . . . -2,731,000
(14) Amount payable from the Public Resources Account, Cigarette
and
Tobacco Products Surtax Fund (Item 3540-001-0235) . . . -396,000
(15) Amount payable from the Professional Forester Registration
Fund
(Item 3540-001-0300) . . . -197,000
(16) Amount payable from the Federal Trust Fund (Item
3540-0010890)
. . . -31,309,000
(17) Amount payable from the Forest Resources Improvement Fund
(Item 3540-001-0928) . . . -4,625,000
(17.5) Amount payable from the Renewable Resources Investment Fund
(Item 3540-001-0940) . . . -3,000,000
(18) Amount payable from the Timber Tax Fund (Item 3540-001-0965)
. . . -30,000
(19) Amount payable from the California Clean Water, Clean Air,
Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3540-001-6029) . . . -7,713,000
(20) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3540-001-6031) . . .
-154,000
Provisions:
1. Notwithstanding any other provision of law, the Department of
Finance
may authorize the temporary or permanent redirection of funds from
this
item for purposes of emergency fire suppression and detection costs
and
related emergency refutation costs.
3540-001-0005--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Fund . . . 254,000
3540-001-0022--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the State
Emergency Telephone Number Account . . . 1,078,000
3540-001-0028--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Unified Program Account . . . 318,000
3540-001-0102--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the State
Fire Marshal Licensing and Certification Fund . . . 1,949,000
3540-001-0140--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
California Environmental License Plate Fund . . . 395,000
3540-001-0198--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
California Fire and Arson Training Fund . . . 1,619,000
3540-001-0209--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
California Hazardous Liquid Pipeline Safety Fund . . . 2,731,000
3540-001-0235--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Public Resources Account, Cigarette and Tobacco Products Surtax Fund
. . . 396,000
3540-001-0300--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Professional Forester Registration Fund . . . 197,000
3540-001-0890--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Federal Trust Fund . . . 31,309,000
3540-001-0928--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Forest Resources Improvement Fund . . . 4,625,000
3540-001-0940--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Bosco-Keene Renewable Resources Investment Fund . . . 3,000,000
3540-001-0965--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Timber Tax Fund . . . 30,000
3540-001-6029--For support of the Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Fund . . . 7,713,000
3540-001-6031--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001, payable from the
Water Security, Clean Drinking Water, Coastal and Beach Protection
Fund of 2002. . . . 154,000
3540-003-0001--For support of Department of Forestry and Fire
Protection for rental payments on lease-revenue bonds . . . 1,683,000
Schedule:
(1) Base Rental and Fees . . . 1,675,000
(2) Insurance . . . 8,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to
the Joint Legislative Budget Committee pursuant to Control
Section 4.30.
3540-006-0001--For support of Department of Forestry and Fire
Protection, for payment to Item 3540-001-0001 . . . 95,000,000
Provisions:
1. The funds appropriated in this item shall be available for
emergency fire
suppression and detection costs and related emergency revegetation
costs and may be used for these purposes to reimburse the main
support
appropriation (Item 3540-001-0001) only upon approval by the
Department of Finance.
2. The Director of Forestry and Fire Protection shall furnish
quarterly
reports on expenditures for emergency fire suppression activities to
the
Director of Finance, the Chairperson of the Joint Legislative Budget
Committee, and the fiscal and appropriate policy committees of each
house. The Director of Finance may authorize expenditures in excess
of
the amount appropriated in this item by an amount necessary to fund
emergency fire suppression costs. This authorization shall occur not
less
than 30 days after the receipt by the Legislature of the quarterly
expenditure report from the Department of Forestry and Fire
Protection.
3540-101-0005--For local assistance, Department of Forestry and
Fire
Protection, payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund . . . 1,175,000
3540-301-0001--For capital outlay, Department of Forestry and Fire
Protection . . . 6,555,000
Schedule:
(.5) 30.30.175-Owens Valley Conservation Camp: Construct Utility
Upgrades--Construction . . . 1,511,000
(2) 30.40.110-Hollister Air Attack Base: Relocate
Facility--Preliminary
plans . . . 269,000
(3) 30.60.050-Statewide: Construct Communications
Facilities--Preliminary plans and working drawings . . . 2,660,000
(4) 30.80-Minor capital outlay . . . 2,115,000
Provisions:
1. The funds appropriated by Schedules (3) and (4) of this item
include
funding for construction and preconstruction activities, including,
but not
limited to, study environmental documents, preliminary plans, working
drawings, equipment, and other costs relating to the design and
construction of facilities, to be performed by the Department of
Forestry
and Fire Protection, subject to approval by the Department of
Finance.
While the Department of Forestry and Fire Protection may manage the
project, the project is subject to the review by the State Public
Works
Board.
3540-301-0660--For capital outlay, Department of Forestry and Fire
Protection, payable from the Public Buildings Construction Fund . . .
137,532,000
Schedule:
(0.5) 30.10.005-Alma Helitack Base: Replace Facility--Preliminary
plans, working drawings, and construction . . . 6,469,000
(0.7) 30.10.035-Stevens Creek Forest Fire Station: Replace
Facility--Acquisition, working drawings, and construction . . .
2,902,000
(1) 30.10.055-Ukiah Air Attack Base: Relocate
Facility--Acquisition,
preliminary plans, working drawings, and construction . . . 9,956,000
(1.4) 30.10.090-Pacheco Forest Fire Station: Replace
Facility--Acquisition and construction . . . 2,445,000
(1.6) 30.10.110-Elk Camp Forest Fire Station: Relocate
Facility--Working drawings and construction . . . 2,833,000
(1.8) 30.10.125-Mendocino Ranger Unit Headquarters: Replace
Automotive Shop--Working drawings and construction . . . 3,258,000
(2) 30.10.065-Sweetwater Forest Fire Station: Replace
Facility--Preliminary plans, working drawings, and construction . . .
3,117,000
(3) 30.10.130-Santa Clara Ranger Unit Headquarters: Construct
Facility--Working drawings and construction . . . 2,721,000
(3.1) 30.20.030-Harts Mill Forest Fire Station: Relocate
Facility--Construction . . . 2,392,000
(3.15) 30.40.105-Vallecito Conservation Camp: Replace Apparatus
Buildings and Utilities--Working drawings and construction . . .
3,483,000
(3.2) 30.30.015-Independence Forest Fire Station: Relocate
Facility--Working drawings and construction . . . 2,758,000
(3.25) 30.30.020-San Luis Obispo Ranger Unit Headquarters: Replace
Facility--Construction . . . 10,303,000
(3.3) 30.30.060-Hemet-Ryan Air Attack Base: Replace
Facility--Acquisition and construction . . . 8,296,000
(3.35) 30.30.065-San Marcos Forest Fire Station: Relocate
Facility--Preliminary plans, working drawings, and construction . . .
2,933,000
(3.4) 30.30.075-Warner Springs Forest Fire Station: Replace
Facility--Acquisition, preliminary plans, working drawings, and
construction . . . 3,600,000
(3.45) 30.30.115-Ventura Youth Conservation Camp: Construct
Apparatus Buildings, Shop, and Warehouse--Working drawings and
construction . . . 2,657,000
(3.5) 30.30.150-Nipomo Forest Fire Station: Replace
Facility--Acquisition and construction . . . 2,936,000
(3.55) 30.40.050-Rancheria Forest Fire Station: Replace
Facility--Working drawings and construction . . . 3,272,000
(3.6) 30.40.075-Usona Forest Fire Station: Replace
Facility--Working
drawings and construction . . . 2,325,000
(3.65) 30.40.090-Antelope Forest Fire Station: Replace Barracks
and
Messhall Building--Construction . . . 236,000
(3.7) 30.40.120-Dew Drop Forest Fire Station: Replace
Facility--Acquisition and construction . . . 2,457,000
(3.75) 30.40.125-Twain Harte Forest Fire Station: Relocate
Facility--Preliminary plans, working drawings, and construction . . .
3,826,000
(3.8) 30.40.130-Springville Forest Fire Station: Relocate
Facility--Preliminary plans, working drawings, and construction . . .
3,697,000
(3.85) 30.40.135-Raymond Forest Fire Station: Relocate
Facility--Preliminary plans, working drawings, and construction . . .
3,444,000
(3.9) 30.40.145-Bautista Conservation Camp: Replace Modular
Buildings--Preliminary plans, working drawings, and construction . .
.
4,758,000
(3.95) 34.40.195-Altaville Forest Fire Station: Replace
Facility--Working drawings and construction . . . 3,754,000
(4) 30.60.045-Statewide: Construct Forest Fire
Stations--Preliminary
plans, working drawings, and construction . . . 36,704,000
Provisions:
1. The State Public Works Board may issue leaserevenue bonds,
notes,
or bond anticipation notes pursuant to Chapter 5 (commencing with
Section 15830) of Part 10b of Division 3 of Title 2 of the
Government
Code to finance the acquisition, design, and construction of the
projects
authorized by this item.
2. The State Public Works Board and the Depart- ment of Forestry
and
Fire Protection may obtain interim financing for the project costs
authorized in this item from any appropriate source including, but
not
limited to, the Pooled Money Investment Account pursuant to Sections
16312 and 16313 of the Government Code.
3. The State Public Works Board may authorize the augmentation of
the
costs of acquisition, design, and construction of the projects
scheduled in
this item pursuant to the board's authority under Section 13332.11 of
the
Government Code. In addition, the State Public Works Board may
authorize any additional amount necessary to establish a reasonable
construction reserve and to pay the cost of financing including the
payment of interest during construction of the project, the costs of
financing a debt service fund, and the cost of issuance of permanent
financing for the project. This additional amount may include
interest
payable on any interim financing obtained.
4. Notwithstanding any other provision of law, the funds
appropriated by
Schedules (1) and (4) of this item shall be available for expenditure
during
the 2005-06 fiscal year, except appropriations for working drawings
which shall be available for expenditure until June 30, 2007, and
appropriations for construction which shall be available for
expenditure
until June 30, 2010. In addition, the balance of funds appropriated
for
construction by Schedules (1) and (4) that have not been allocated,
through fund transfer or approval to bid, by the Department of
Finance
on or before June 30, 2008, shall revert as of that date to the fund
from
which the appropriation was made.
5. This department is authorized and directed to execute and
deliver any
and all leases, contracts, agreements, or other documents necessary
or
advisable to consummate the sale of bonds or otherwise effectuate the
financing of the scheduled projects.
6. The State Public Works Board shall not be deemed a lead or
responsible agency for purposes of the California Environmental
Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) for any activities under the State Building
Construction
Act of 1955 (Part 10.5 (commencing with Section 15800) of Division 3
of Title 2 of the Government Code). This section does not exempt this
department from the requirements of the California Environmental
Quality
Act. This section is intended to be declarative of existing law.
7. Notwithstanding any other provision of law, the funds
appropriated by
Schedule (1) of this item may be used to acquire fee acquisition
through a
purchase option or less than fee acquisition, through a long-term
lease or
prepaid long-term lease, subject to approval by the Department of
Finance.
8. The funds appropriated in Schedule (4) of this item include
funding for
construction and pre-construction activities, including, but not
limited to,
study, environmental documents, preliminary plans, working drawings,
equipment, and other costs relating to the design and construction of
facilities that may be performed by the Department of Forestry and
Fire
Protection, subject to approval by the Department of Finance. While
the
Department of Forestry and Fire Protection may manage the project,
the
project is subject to the review of the State Public Works Board and
requires authorization to proceed to bid by the Department of
Finance.
Funds may also be used by the Department of General Services for
project monitoring and oversight.
3540-495--Reversion, Department of Forestry and Fire Protection.
As
of June 30, 2005, the unencumbered balance of the appropriations
provided for in the following citations shall revert to the balance
of the
fund from which the appropriation was made:
0660--Public Buildings Construction Fund
(1) Item 3540-301-0660 of Section 2 of Chapter 3 of the Statutes
of
2002, Third Extraordinary Session
(7) 30.10.125-Mendocino Ranger Unit Headquarters: Replace
Automotive Shop-Construction
(9) 30.40.105-Vallecito Conservation Camp: Replace
Utilities/Construct
Apparatus Buildings--Working drawings and construction
(2) Item 3540-301-0660, Budget Act of 2001 (Ch. 106, Stats. 2001),
as partially reappropriated by Item 3540-490, Budget Acts of 2002
(Ch.
379, Stats. 2002) and 2003 (Ch. 157, Stats. 2003), and Item 3540-491,
Budget Act of 2004 (Ch. 208, Stats. 2004), as partially reverted by
Item
3540-496, Budget Act of 2004 (Ch. 208, Stats. 2004)
(1) 30.10.035-Stevens Creek Forest Fire Station: Replace
Facility--Working drawings and construction
(2) 30.10.090-Pacheco Forest Fire Station: Replace
Facility--Construction
(4) 30.30.020-San Luis Obispo Ranger Unit Headquarters: Replace
Facility-Construction
(6) 30.30.060-Hemet-Ryan Air Attack Base: Replace
Facility--Construction
(9) 30.40.120-Dew Drop Forest Fire Station: Replace
Facility--Construction
(3) Item 3540-301-0660, Budget Act of 2002 (Ch. 379, Stats. 2002),
as partially reappropriated by Item 3540-490, Budget Act of 2003 (Ch.
157, Stats. 2003), and Item 3540-491, Budget Act of 2004 (Ch. 208,
Stats. 2004)
(2) 30.10.065-Sweetwater Forest Fire Station: Relocate
Facility--Preliminary plans, working drawings, and construction
(3) 30.10.110-Elk Camp Forest Fire Station: Relocate
Facility--Working
drawings and construction
(4) 30.10.130-Santa Clara Ranger Unit Headquarters: Replace
Automotive Shop-- Construction
(5) 30.20.030-Harts Mill Forest Fire Station: Relocate
Facility--Construction
(8.5) 30.30.015-Independence Forest Fire Station: Construct
Facility--Construction
(8.7) 30.30.020-San Luis Obispo Ranger Unit
Headquarters: Replace Facility-Construction
(8.8) 30.30.060-Hemet-Ryan Air Attack Base: Replace
Facility--Acquisition and construction
(9) 30.30.065-San Marcos Forest Fire Station: Relocate
Facility--Preliminary plans, working drawings, and construction
(10) 30.30.115-Ventura Youth Conservation Camp: Construct Vehicle
Apparatus Building, Shop, Warehouse--Construction
(11) 30.30.120-Fenner Canyon Conservation Camp: Construct Vehicle
Apparatus Buildings, Replace Office--Construction
(12) 30.30.150-Nipomo Forest Fire Station: Replace
Facility--Construction
(13) 30.30.160-South Operations Area Headquarters: Relocate
Facility--Working drawings and construction
(16) 30.40.050-Rancheria Forest Fire Station: Replace
Facility--Construction
(17) 30.40.075-Usona Forest Fire Station: Replace
Facility--Working
drawings and construction
(17.6) 30.40.105-Vallecito Conservation Camp: Replace
Utilities/Construct Apparatus Building--Working drawings and
construction
(18) 30.40.130-Springville Forest Fire Station: Relocate
Facility--Preliminary plans, working drawings, and construction
(19) 30.40.135-Raymond Forest Fire Station: Relocate
Facility--Preliminary plans, working drawings, and construction
(20) 30.40.145-Bautista Conservation Camp: Replace Modular
Buildings--Preliminary plans, working drawings, and construction
(21) 30.40.195-Altaville Forest Fire Station: Replace
Facility--Working
drawings and construction
(4) Item 3540-301-0660, Budget Act of 2003 (Ch. 157, Stats. 2003),
as partially reappropriated by Item 3540-491, Budget Act of 2004 (Ch.
208, Stats. 2004)
(1) 30.10.005-Alma Helitack Base: Replace Facility--Preliminary
plans,
working drawings, and construction
(1.5) 30.10.035-Stevens Creek Forest Fire Station: Replace
Facility--Construction
(1.6) 30.10.090-Pacheco Forest Fire Station: Replace
Facility--Construction
(1.7) 30.20.030-Harts Mill Forest Fire Station: Relocate
Facility--Construction
(2.5) 30.30.015-Independence Forest Fire Station: Construct
Facility--Construction
(3) 30.30.075-Warner Springs Forest Fire Station: Replace
Facility--Preliminary plans, working drawings, and construction
(3.1) 30.30.120-Fenner Canyon Conservation Camp: Construct Vehicle
Apparatus and Replace Office--Construction
(3.2) 30.30.150-Nipomo Forest Fire Station: Replace
Facility--Construction
(4) 30.40.020-Batterson Forest Fire Station: Relocate
Facility--Working
drawings and construction
(4.6) 30.40.050-Rancheria Forest Fire Station: Replace
Facility--Construction
(6) 30.40.110-Hollister Air Attack Base: Relocate
Facility--Acquisition,
working drawings, and construction
(6.1) 30.40.120-Dew Drop Forest Fire Station: Replace
Facility--Construction
(7) 30.40.125-Twain Harte Forest Fire Station: Relocate
Facility--Preliminary plans, working drawings, and construction
(8) 30.40.150-Baseline Conservation Camp: Remodel
Facility--Working
drawings and construction
(5) Item 3540-301-0660, Budget Act of 2004 (Ch. 208, Stats. 2004)
(0.6) 30.10.035-Stevens Creek Forest Fire Station: Replace
Facility--Acquisition
(0.7) 30.10.090-Pacheco Forest Fire Station: Replace
Facility--Acquisition
(3.5) 30.30.060-Hemet Ryan Air Attack Base: Relocate
Facility--Construction
(3.6) 30.30.075-Warner Springs Forest Fire Station: Replace
Facility--Acquisition
(3.7) 30.30.150-Nipomo Forest Fire Station: Replace
Facility--Acquisition
(3.8) 30.30.160-South Operations Area Headquarters: Relocate
Facility--Acquisition, working drawings, and construction
(5) 30.40.120-Dew Drop Forest Fire Station: Replace
Facility--Acquisition
(6) 30.40.145-Bautista Conservation Camp: Replace Modular
Buildings--Preliminary plans, working drawings, and construction
3560-001-0001--For support of State Lands Commission . . .
8,801,000
Schedule:
(1) 10-Mineral Resources Management . . . 6,819,000
(2) 20-Land Management . . . 8,271,000
(3) 30.01-Executive and Administration . . . 3,214,000
(4) 30.02-Distributed Administration . . . -3,214,000
(5) 40-Marine Facilities Management . . . 8,557,000
(6) 97.20.001-Unallocated Reduction . . . -137,000
(7) Reimbursements . . . -3,386,000
(8) Amount payable from the Marine Invasive Species Control Fund
(Item 3560-001-0212) . . . -1,938,000
(9) Amount payable from the Oil Spill Prevention and
Administration
Fund (Item 3560-001-0320) . . . -8,959,000
(10) Amount payable from the Land Bank Fund (Item 3560-001-0943) .
. . -426,000
Provisions:
1. Notwithstanding subdivision (d) of Section 4 of Chapter 138 of
the
Statutes of 1964, 1st Extraordinary Session, all commission costs for
administering the Long Beach Tidelands, exclusive of any Attorney
General charges, shall be funded from revenues deposited into the
General Fund pursuant to paragraph (1) of subdivision (a) of Section
6217 of the Public Resources Code.
2. All costs incurred to manage state school lands shall be
deducted from
the revenues produced by those lands and deposited into the General
Fund pursuant to Section 24412 of the Education Code.
3560-001-0212--For support of State Lands Commission, for payment
to Item 3560-001-0001, payable from the Marine Invasive Species
Control Fund . . . 1,938,000
3560-001-0320--For support of State Lands Commission, for payment
to Item 3560-001-0001, payable from the Oil Spill Prevention and
Administration Fund . . . 8,959,000
3560-001-0943--For support of State Lands Commission, for payment
to Item 3560-001-0001, payable from the Land Bank Fund . . . 426,000
3600-001-0001--For support of Department of Fish and Game . . .
44,431,000
Schedule:
(1) 20-Biodiversity Conservation Program . . . 137,172,000
(2) 25-Hunting, Fishing and Public Use . . . 48,920,000
(3) 30-Management of Department Lands and Facilities . . .
43,374,000
(4) 40-Conservation Education and Enforcement . . . 55,643,000
(5) 50-Spill Prevention and Response . . . 29,737,000
(6) 70.01-Administration . . . 33,756,000
(7) 70.02-Distributed Administration . . . -33,756,000
(8) 97.20.001-Unallocated Reduction . . . -569,000
(9) Reimbursements . . . -38,819,000
(10) Amount payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund (Item 3600-001-0005) . .
. -1,537,000
(11) Amount payable from the California Environmental License
Plate
Fund (Item 3600-001-0140) . . . -15,802,000
(12) Amount payable from the Fish and Game Preservation Fund (Item
3600-001-0200) . . . -103,919,000
(13) Amount payable from the Fish and Wildlife Pollution Account
(Item
3600-001-0207) . . . -2,577,000
(14) Amount payable from the California Waterfowl Habitat
Preservation
Account, Fish and Game Preservation Fund (Item 3600-001-0211) . . .
-220,000
(15) Amount payable from the Exotic Species Control Fund (Item
3600-001-0212) . . . -1,199,000
(16) Amount payable from the Public Resources Account, Cigarette
and
Tobacco Products Surtax Fund (Item 3600-001-0235) . . . -2,542,000
(17) Amount payable from the Oil Spill Prevention and
Administration
Fund (Item 3600-001-0320) . . . -21,503,000
(18) Amount payable from the Environmental Enhancement Fund (Item
3600-001-0322) . . . -381,000
(18.5) Amount payable from the Salmon and Steelhead Trout
Restoration Account (Item 3600-001-0384) . . . -8,000,000
(19) Amount payable from the Central Valley Project Improvement
Subaccount (Item 3600-001-0404) . . . -54,000
(20) Amount payable from the Federal Trust Fund (Item
3600-001-0890) . . . -66,656,000
(22) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3600-001-6031) . . .
-4,245,000
(23) Amount payable from the Salton Sea Restoration Fund (Item
3600-
001-8018) . . . -2,392,000
Provisions:
1. The funds appropriated in this item may be increased with the
approval
of, and under the conditions set by, the Department of Finance to
meet
current obligations proposed to be funded in Schedules (9) and (20).
The
funds appropriated in this item shall not be increased until the
Department
of Fish and Game has a valid contract, signed by the client agency,
that
provides sufficient funds to finance the increased authorization.
This
increased authorization may not be used to expand services or create
new obligations.
Reimbursements received under Schedules (9) and (20) shall be
used in
repayment of any funds used to meet current obligations pursuant to
this
provision.
2. Of the amount appropriated in Schedule (3), $95,000 from the
Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Fund and $622,000 in reimbursements shall be available for fire
prevention projects until June 30, 2007.
3. It is the intent of the Legislature that, of the funds
appropriated in this
item, $5,000,000 be provided for the hiring of additional game
wardens
in order to ensure that California's natural environment is protected
through tough enforcement of existing laws.
4. It is the intent of the Legislature that, of the funds provided
in this item,
$1,000,000 be provided for the purposes of protecting and preserving
California's wild and heritage trout populations.
5. It is the intent of the Legislature that, of the funds
appropriated in this
item, $1,700,000 be provided for the hiring of Fish and Game staff to
review timber harvest plans in order to ensure that California's
natural
environment is protected through tough enforcement of existing laws.
6. Funds provided to rebuild the Wild/Heritage Trout Program may
be
used to match federal funds. Any matching federal funds received may
be
expended by the Department of Fish and Game to hire a seasonal team
in
each region to augment the work of the department's biologists. The
notification requirements of Section 28.00 do not apply to federal
funds
received for this purpose.
3600-001-0005--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Safe Neighborhood
Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund . . .
1,537,000
3600-001-0140--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the California
Environmental License Plate Fund . . . 15,802,000
3600-001-0200--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Fish and Game
Preservation Fund . . . 103,919,000
Provisions:
1. Of the funds appropriated in this item, $203,000 is for
reimbursement
to the State Department of Health Services for shellfish monitoring
activities.
2. Of the funds appropriated in this item, $5,000,000 shall be
available
only if legislation reforming the fee structure of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) is enacted.
3. It is the intent of the Legislature that, should legislation be
enacted
creating the Commercial Fishing Conservation, Management, and
Research Fund, funds from this item shall be transferred from this
account
to the Commercial Fishing Conservation, Management, and Research
Fund for expenditure as provided in that legislation.
4. Of the funds appropriated in this item, $3,000,000 shall be
available to
continue operations of state fish hatcheries located in various
regions of
the state.
3600-001-0207--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Fish and Wildlife
Pollution Account . . . 2,577,000
3600-001-0211--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the California Waterfowl
Habitat Preservation Account, Fish and Game Preservation Fund . . .
220,000
3600-001-0212--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Marine Invasive
Species Control Fund . . . 1,199,000
3600-001-0235--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Public Resources
Account, Cigarette and Tobacco Products Surtax Fund . . . 2,542,000
3600-001-0320--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Oil Spill Prevention
and Administration Fund . . . 21,503,000
3600-001-0322--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Environmental
Enhancement Fund . . . 381,000
3600-001-0384--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Salmon and
Steelhead Trout Restoration Account . . . 8,000,000
3600-001-0404--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Central Valley
Project Improvement Subaccount . . . 54,000
3600-001-0890--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Federal Trust Fund .
. . 66,656,000
3600-001-6010--For support of Department of Fish and Game, payable
from the Yuba Feather Flood Protection Subaccount . . . 11,555,000
Schedule:
(1) 20-Biodiversity Conservation Program . . . 11,555,000
3600-001-6031--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 . . .
4,245,000
3600-001-8018--For support of Department of Fish and Game, for
payment to Item 3600-001-0001, payable from the Salton Sea
Restoration Fund . . . 2,392,000
3600-011-0001--For support of Department of Fish and Game
(reimbursement of free fishing licenses), for transfer to the Fish
and Game
Preservation Fund . . . 17,000
3600-101-0001--For local assistance, Department of Fish and Game .
.
. 559,000
Schedule:
(1) 20-Biodiversity Conservation Program . . . 559,000
3600-101-0207--For local assistance, Department of Fish and Game,
Program 50-Spill Prevention and Response, payable from the Fish and
Wildlife Pollution Account . . . 34,000
3600-101-0320--For local assistance, Department of Fish and Game,
Program 50-Spill Prevention and Response, payable from the Oil Spill
Prevention and Administration Fund . . . 923,000
3600-490--Reappropriation, Department of Fish and Game. The
balance of the appropriation provided in the following citation is
reappropriated for the purposes provided for in that appropriation
and
shall be available for encumbrance or expenditure until June 30,
2007:
6031--Water Security, Clean Drinking Water, Coastal and Beach
Protection Fund of 2002
(20) Item 3600-001-6031, Budget Act of 2004
(Ch. 208, Stats. 2004)
3600-491--Reappropriation, Department of Fish and Game. The
balances of the appropriations provided in the following citations or
the
amount specified, are reappropriated for the purposes provided for in
the
appropriations and shall be available for encumbrance or expenditure
until
June 30, 2006:
0200--Fish and Game Preservation Fund
(10) $4,000,000 in Item 3600-001-0200, Budget Act of 2004
(Ch. 208, Stats. 2004) to continue operation of state fish hatcheries
located in various regions of the state.
0384--Salmon and Steelhead Restoration Account
(16.5) Item 3600-001-0384, Budget Act of 2004
(Ch. 208, Stats. 2004)
3600-495--Reversion, Department of Fish and Game. As of June 30,
2005, the unencumbered balance of the appropriation provided in the
following citation shall revert to the balance of the fund from
which the
appropriation was made:
6031--Water Security, Clean Drinking Water, Coastal and Beach
Protection Fund of 2002
(20) Item 3600-001-6031, Budget Act of 2004
(Ch. 208, Stats. 2004), $10,000,000 appropriated in Program
20--Biodiversity Conservation Program.
3640-001-0001--For support of Wildlife Conservation Board, payable
to Item 3640-001-0447 . . . 197,000
3640-001-0140--For support of Wildlife Conservation Board, payable
to Item 3640-001-0447, from the California Environmental License
Plate
Fund . . . 220,000
3640-001-0262--For support of Wildlife Conservation Board, payable
to Item 3640-001-0447, from the Habitat Conservation Fund . . .
449,000
Provisions:
1. The amount appropriated in this item shall be available to the
Wildlife
Conservation Board for administrative costs associated with the
California Wildlife Protection Act of 1990, and the requirements of
the
Habitat Conservation Fund.
3640-001-0447--For support of Wildlife Conservation Board, payable
from the Wildlife Restoration Fund . . . 1,100,000
Schedule:
(1) 10-Wildlife Conservation Board . . . 6,122,000
(2) 97.20.001-Unallocated Reduction . . . -3,000
(3) Amount payable from the General Fund (Item 3640-001-0001) . .
.
-197,000
(4) Amount payable from the California Environmental License Plate
Fund (Item 3640-001-0140) . . . -220,000
(5) Amount payable from the Habitat Conservation Fund (Item
3640-001-0262) . . . -449,000
(6) Amount payable from the California Clean Water, Clean Air,
Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3640-001-6029) . . . -651,000
(7) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3640-001-6031) . . .
-3,502,000
Provisions:
1. Of the funds appropriated by this act from the General Fund,
special
funds, or bond funds to the Wildlife Conservation Board for local
assistance or capital outlay, upon approval of the Department of
Finance,
the board may allocate an amount not to exceed 1.5 percent of each
project's allocation to provide for the board's costs to administer
the
projects.
3640-001-6029--For support of Wildlife Conservation Board, for
payment to Item 3640-001-0447, from the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Fund
. . . 651,000
3640-001-6031--For support of Wildlife Conservation Board, payable
to Item 3640-001-0447, from the Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund of 2002 . . . 3,502,000
3640-301-0262--For capital outlay, Wildlife Conservation Board,
payable from the Habitat Conservation Fund . . . 20,551,000
Schedule:
(1) 80.10.000-Wildlife Conservation Board Projects (Unscheduled) .
. .
10,551,000
(2) 80.10.101-Department of Fish and Game--Ecosystem Restoration .
.
. 10,000,000
Provisions:
1. The funds appropriated in this item, except for funds for the
purposes
described in Provision 3 of this item, are provided in accordance
with the
Wildlife Conservation Law of 1947 and, therefore, shall not be
subject to
Public Works Board review.
2. The amount appropriated in this item is available for
expenditure for
capital outlay or local assistance through fiscal year 2007-08.
3. Of the amount appropriated in this item, $10,000,000 shall be
available to the Department of Fish and Game for its Ecosystem
Restoration Program in accordance with Water Code Section 79550(e).
Funds are available for encumbrance for the purposes of support,
local
assistance or capital outlay through June 30, 2008.
3640-301-0447--For capital outlay, Wildlife Conservation Board,
payable from the Wildlife Restoration Fund, in lieu of the
appropriation
made by the Wildlife Conservation Law of 1947 . . . 500,000
Schedule:
(1) 80.10.010-Minor Projects . . . 500,000
Provisions:
1. The funds appropriated in this item are provided in accordance
with
the provisions of the Wildlife Conservation Law of 1947 and,
therefore,
shall not be subject to Public Works Board review.
2. The amount appropriated in this item is available for
expenditure for
capital outlay or local assistance.
3640-302-6029--For capital outlay, Wildlife Conservation Board,
payable from the California Clean Water, Clean Air, Safe Neighborhood
Parks, and Coastal Protection Fund . . . 1,545,000
Schedule:
(1) 80.10.103-San Joaquin River Conservancy--Project and
acquisition .
. . 2,545,000
(2) Reimbursements . . . -1,000,000
Provisions:
1. The funds in this item are provided in accordance with the
Wildlife
Conservation Law of 1947 and, therefore, are not subject to review by
the State Public Works Board.
2. The amount appropriated in this item is available for
expenditure for
capital outlay or local assistance until June 30, 2008.
3. The funds appropriated in this item shall be allocated to the
San
Joaquin River Conservancy for purposes consistent with the
conservancy's mission.
3640-311-6031--For transfer by the Controller from the Water
Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 to
the Habitat Conservation Fund . . . 17,100,000
Provisions:
1. The funds transferred in this item shall be used for purposes
consistent
with the requirements of the Habitat Conservation Fund and the
requirements of Sections 79565, 79572, and 79550 of the Water Code
as follows:
(1) Water Code Section 79565 . . . 4,000,000
(2) Water Code Section 79572 . . . 3,100,000
(3) Water Code Section 79550 . . . 10,000,000
2. The amounts transferred by this item may be adjusted to reflect
the
requirements of subdivision (a) of Section 2796 of the Fish and Game
Code.
3640-312-0940--For transfer by the Controller from the Renewable
Resources Investment Fund to the Habitat Conservation Fund . . .
(1,300,000)
Provisions:
1. The funds transferred in this item shall be used for purposes
consistent
with the requirements of the Habitat Conservation Fund.
2. The amounts transferred by this item may be adjusted to reflect
the
requirements of subdivision (a) of Section 2796 of the Fish and Game
Code.
3640-401--Notwithstanding any other provision of law, the balance
of
revenues that would have been deposited in the California Housing
Trust
Fund and the Resources Trust Fund, pursuant to Section 6217 of the
Public Resources Code, shall be allocated in the following order:
Provisions:
1. $8,000,000 shall be deposited into the State Parks and
Recreation
Fund for the Department of Parks and Recreation Maintenance and Park
Ranger staff and deferred maintenance. It is the intent of the
Legislature
that this augmentation be used to establish up to 40 new parks
positions.
These funds are intended to be ongoing.
2. $8,000,000 shall be deposited into the Salmon and Steelhead
Trout
Restoration Account for salmon and steelhead trout restoration
projects
authorized by Section 6217.1 of the Public Resources Code, including,
but not limited to, projects that implement the Coho Salmon Recovery
Plan.
3. $48,000,000 shall be deposited in the General Fund.
4. $3,000,000 shall be deposited into the Fish and Game
Preservation
Fund to continue operation of state fish hatcheries located in
various
regions of the state.
5. $3,000,000 shall be deposited into the State Parks and
Recreation
Fund for deferred maintenance.
6. Any revenues remaining after expenditure for the purposes
specified in
Provisions 1, 2, 3, 4, and 5 shall be deposited in the General Fund.
3640-490--Reappropriation, Wildlife Conservation Board. The
balance
of the appropriation provided in the following citation is
reappropriated
for the purposes provided for in that appropriation, and shall be
available
for encumbrance or expenditure until June 30, 2008:
6029--Payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund
(1) Item 3640-302-6029 of the Budget Act of 2002 (Ch. 379, Stats.
2002)
(1) 80.10.603.000-San Joaquin River Conservancy--Project and
acquisition
3640-491--Reappropriation, Wildlife Conservation Board. The
amounts
specified in the appropriations provided for in the following
citations are
reappropriated for the purposes provided for in those appropriations,
and
shall be available for encumbrance or expenditure until June 30,
2008:
6029--California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund
(1) The balance of Program 80.10.410-Oak Woodlands Conservation
Act (Ch. 983, Stats. 2002)
(2) The balance of Program 80.10.420-Rangeland, Grazing Land, and
Grassland Protection Act (Ch. 984, Stats. 2002)
3640-495--Reversion, Wildlife Conservation Board. As of June 30,
2005, the unencumbered balances of the appropriations made in the
following citations shall revert to the funds from which the
appropriations
were made:
6029--California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund
(1) Item 3640-302-6029 of the Budget Act of 2002 (Ch. 379, Stats.
2002), as amended by Section 62 of Chapter 3 of the Statutes of 2003,
First Extraordinary Session
(1.5) 80.10.500-Wetlands Restoration and Acquisition
6031--Water Security, Clean Drinking Water, Coastal and Beach
Protection Fund of 2002
(1) Item 3640-301-6031 of the Budget Act of 2002 (Ch. 379, Stats.
2002), as added by Section 63 of Chapter 3 of the Statutes of 2003,
First Extraordinary Session
(1) 80.10.800-Cargill Property--Project and acquisition
3680-001-0516--For support of Department of Boating and
Waterways, payable from the Harbors and Watercraft Revolving Fund . .
. 15,862,000
Schedule:
(1) 10-Boating Facilities . . . 14,765,000
(2) 20-Boating Operations . . . 6,481,000
(3) 30-Beach Erosion Control . . . 601,000
(4) 40.01-Administration . . . 2,338,000
(5) 40.02-Distributed Administration . . . -2,338,000
(6) Reimbursements . . . -15,000
(7) Amount payable from the Federal Trust Fund (Item
3680-001-0890)
. . . -5,893,000
(8) Less funding provided by capital outlay . . . -77,000
Provisions:
1. Notwithstanding Section 85.2 of the Harbors and Navigation
Code,
$601,000 of the funds appropriated in this item shall be expended for
support of the Beach Erosion Control program.
3680-001-0890--For support of Department of Boating and
Waterways, for payment to Item 3680-001-0516, payable from the
Federal Trust Fund . . . 5,893,000
3680-101-0516--For local assistance, Department of Boating and
Waterways, payable from the Harbors and Watercraft Revolving Fund . .
. 43,130,000
Schedule:
(1) 10-Boating Facilities . . . 36,457,000
(a) Launching Facility Grants . . . (12,714,000)
(1) Antioch Marina BLF . . . (2,039,000)
(2) Bonelli BLF . . . (100,000)
(3) Broderick BLF . . . (793,000)
(4) Dana Point BLF . . . (1,800,000)
(5) Floating Restrooms . . . (500,000)
(6) Live Oak BLF . . . (561,000)
(7) Lopez Lake BLF . . . (755,000)
(8) Oyster Point Marina BLF . . . (745,000)
(9) Pepper Park BLF . . . (690,000)
(10) Port of Redwood City BLF . . . (1,081,000)
(11) Ramp Repair and Modifications . . . (500,000)
(12) Shelter Island BLF . . . (2,000,000)
(13) Signs . . . (50,000)
(14) Vessel Pumpout . . . (100,000)
(15) Reimbursement Grants . . . (1,000,000)
(b) Public Small Craft Harbor Loans . . . (19,000,000)
(1) Alamitos Bay Basin 1 . . . (1,875,000)
(2) Long Beach Downtown Marinas . . . (8,125,000)
(3) Dana Point Marina . . . (3,700,000)
(4) Sacramento Marina . . . (500,000)
(5) Long Beach Basins 2 and 3 . . . (100,000)
(6) San Francisco Marina . . . (3,700,000)
(7) Moss Landing Marina . . . (500,000)
(8) Emergency Loans . . . (500,000)
(c) Private Loans . . . (3,500,000)
(d) Clean Vessel Act Grant Program . . . (843,000)
(e) Boating Trails . . . (300,000)
(f) Boating Infrastructure Grant Program . . . (100,000)
(2) 20-Boating Operations . . . 9,575,000
(3) 30-Beach Erosion Control . . . 816,000
(4) Reimbursements . . . -1,000,000
(5) Amount payable from the Abandoned Watercraft Abatement Fund
(Item 3680-101-0577) . . . -500,000
(6) Amount payable from the Federal Trust Fund (Item
3680-101-0890)
. . . -2,218,000
Provisions:
1. Of the funds appropriated in Schedule (2), Program 20-Boating
Operations, $8,100,000 is for boating safety and enforcement
programs
pursuant to Section 663.7 of the Harbors and Navigation Code.
3680-101-0577--For local assistance, Department of Boating and
Waterways, for payment to Item 3680-101-0516, payable from the
Abandoned Watercraft Abatement Fund . . . 500,000
3680-101-0890--For local assistance, Department of Boating and
Waterways, for payment to Item 3680-101-0516, payable from the
Federal Trust Fund . . . 2,218,000
Provisions:
1. Of the amount appropriated in this item, $975,000 shall be for
grants
to local governments for boating safety and law enforcement, 15
percent
of which shall be allocated according to the department's discretion,
and
85 percent of which shall be allocated by the department in
accordance
with the following priorities:
First--To local governments that are eligible for state aid
because they
are spending all their local boating revenue on boating enforcement
and
safety, but are not receiving sufficient state funds to meet their
need as
calculated pursuant to Section 663.7 of the Harbors and Navigation
Code.
Second--To local governments that are not spending all local
boating
revenue on boating en-forcement and safety, and whose boating revenue
does not equal their calculated need. Local assistance shall not
exceed
the difference between the calculated need and local boating revenue.
Third--To local governments whose boating revenue exceeds their
need, but who are not spending sufficient local revenue to meet
their
calculated need.
3680-301-0516--For capital outlay, Department of Boating and
Waterways, payable from the Harbors and Watercraft Revolving Fund . .
. 3,546,000
Schedule:
(0.5) 50.56.010-Channel Islands: Boating Instruction and Safety
Center--Working drawings . . . 166,000
(1) 50.99.010-Project Planning . . . 80,000
(2) 50.99.020-Minor Projects . . . 3,300,000
Provisions:
1. Funds appropriated in Schedule (1) are available for
expenditure by
the Department of Boating and Waterways upon approval of the
Department of Finance to be used to develop design information or
cost
information for new construction projects for which funds have not
been
appropriated previously but which are anticipated to be included in
the
Governor's Budget for the 2006-07 or 2007-08 fiscal year.
3720-001-0001--For support of California Coastal Commission . . .
10,751,000
Schedule:
(1) 10-Coastal Management Program . . . 14,573,000
(2) 20-Coastal Energy Program . . . 1,147,000
(3) 30.01-Administration . . . 1,619,000
(4) 30.02-Distributed Administration . . . -1,538,000
(5) 97.20.001-Unallocated Reduction . . . -152,000
(6) Reimbursements . . . -1,284,000
(7) Amount payable from California Beach and Coastal Enhancement
Account (Item 3720-001-0371) . . . -582,000
(8) Amount payable from the Federal Trust Fund (Item
3720-001-0890)
. . . -3,032,000
3720-001-0371--For support of California Coastal Commission, for
payment to Item 3720-001-0001, payable from the California Beach and
Coastal Enhancement Account, California Environmental License Plate
Fund . . . 582,000
3720-001-0890--For support of California Coastal Commission, for
payment to Item 3720-001-0001, payable from the Federal Trust Fund .
. . 3,032,000
3720-101-0371--For local assistance, California Coastal
Commission,
payable from California Beach and Coastal Enhancement Account,
California Environmental License Plate Fund . . . 778,000
Schedule:
(1) 10-Coastal Management Program . . . 778,000
3760-001-0005--For support of State Coastal Conservancy, for
payment to Item 3760-001-0565, payable from the Safe Neighborhood
Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund . . .
1,414,000
3760-001-0140--For support of State Coastal Conservancy, for
payment to Item 3760-001-0565, payable from the California
Environmental License Plate Fund . . . 1,200,000
3760-001-0565--For support of State Coastal Conservancy, payable
from the State Coastal Conservancy Fund . . . 4,938,000
Schedule:
(1) 15-Coastal Resource Development . . . 4,744,000
(2) 25-Coastal Resource Enhancement . . . 4,610,000
(3) 90.01-Administration and Support . . . 3,174,000
(4) 90.02-Distributed Administration . . . -3,174,000
(5) Reimbursements . . . -120,000
(6) Amount payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund (Item 3760-001-0005) . .
. -1,414,000
(7) Amount payable from the California Environmental License Plate
Fund (Item 3760-001-0140) . . . -1,200,000
(8) Amount payable from the Federal Trust Fund (Item 3760-0010890)
.
. . -125,000
(9) Amount payable from the California Clean Water, Clean Air,
Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3760-001-6029) . . . -887,000
(10) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3760-001-6031) . . .
-670,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order
of the Department of Finance, the State Coastal Conservancy may
borrow sufficient funds from the State Coastal Conservancy Fund to
meet cashflow needs due to delays in collecting reimbursements. Any
loan made by the Department of Finance pursuant to this provision may
be made only if the State Coastal Conservancy has a valid contract or
certification signed by the agency providing the reimbursements,
which
demonstrates that sufficient funds will be available to repay the
loan. All
moneys so transferred shall be repaid to the State Coastal
Conservancy
Fund as soon as possible, but not later than one year from the date
of the
loan.
2. Of the funds appropriated by this act from the General Fund,
special
funds, or bond funds to the State Coastal Conservancy for local
assistance or capital outlay, upon approval of the Department of
Finance,
the conservancy may allocate an amount not to exceed 1.5 percent of
each project's allocation to provide for the department's costs to
administer the projects.
3760-001-0890--For support of State Coastal Conservancy, for
payment to Item 3760-001-0565, payable from the Federal Trust Fund .
. . 125,000
3760-001-6029--For support of State Coastal Conservancy, for
payment to Item 3760-001-0565, from the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund . . .
887,000
3760-001-6031--For support of State Coastal Conservancy, for
payment to Item 3760-001-0565, payable from the Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 . . .
670,000
3760-301-0005--For capital outlay, State Coastal Conservancy,
payable from the Safe Neighborhood Parks, Clean Water, Clean Air,
and Coastal Protection Bond Fund . . . 14,777,000
Schedule:
(1) 80.00.023-San Francisco Bay Area Conservancy Program . . .
2,244,000
(2) 80.97.030-Conservancy Programs . . . 13,033,000
(3) Reimbursements . . . -500,000
Provisions:
1. The funds appropriated in this item are conditioned upon all of
the
following:
(a) The State Coastal Conservancy may not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition
unless the grant contract provides a reversionary interest to the
state that
specifies that the property shall not revert to the state without
review and
approval by the State Coastal Conservancy and the State Public Works
Board.
(b) The State Coastal Conservancy may not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition
that provides for a state leasehold interest in property acquired by
a
nonstate public agency with grant funds of the State Coastal
Conservancy unless the Director of General Services approves the
lease
terms.
(c) Except for the above, the expenditures of funds for grants to
nonstate
public agencies and nonprofit organizations shall be exempt from
State
Public Works Board review.
2. The funds appropriated in this item are available for
encumbrance for
either capital outlay or local assistance until June 30, 2008.
3760-301-0262--For capital outlay, State Coastal Conservancy,
payable from the Habitat Conservation Fund . . . 4,000,000
Schedule:
(1) 80.93.025-Coastal Resource Enhancement . . . 4,300,000
(2) Reimbursements . . . -300,000
Provisions:
1. (a) The State Coastal Conservancy shall not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition
unless the grant contract provides a reversionary interest to the
state that
specifies that the property shall not revert to the state without
review and
approval by the State Coastal Conservancy and the State Public Works
Board.
(b) The State Coastal Conservancy shall not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition
that provides for a state leasehold interest in property acquired by
a
nonstate public agency with grant funds of the State Coastal
Conservancy
unless the Director of General Services approves the lease terms.
(c) Except for the above, the expenditures of funds for grants to
nonstate
public agencies and nonprofit organizations shall be exempt from
State
Public Works Board review.
2. The funds appropriated in this item are available for
encumbrance for
either capital outlay or local assistance without regard to fiscal
year.
3. Notwithstanding any other provision of law, upon approval and
order
of the Department of Finance, the State Coastal Conservancy may
borrow sufficient funds from the State Coastal Conservancy Fund to
meet cashflow needs due to delays in collecting reimbursements. Any
loan made by the Department of Finance pursuant to this provision may
be made only if the State Coastal Conservancy has a valid contract or
certification signed by the agency providing the reimbursements,
which
demonstrates that sufficient funds will be available to repay the
loan. All
moneys so transferred shall be repaid to the State Coastal
Conservancy
Fund as soon as possible, but not later than one year from the date
of the
loan.
3760-301-0371--For capital outlay, State Coastal Conservancy,
payable from the California Beach and Coastal Enhancement Account,
California Environmental License Plate Fund . . . 400,000
Schedule:
(1) 80.00.020-Public Access . . . 400,000
Provisions:
1. (a) The State Coastal Conservancy may not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition
unless the grant contract provides a reversionary interest to the
state that
specifies that the property shall not revert to the state without
review and
approval by the State Coastal Conservancy and the State Public Works
Board.
(b) The State Coastal Conservancy may not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition
that provides for a state leasehold interest in property acquired by
a
nonstate public agency with grant funds of the State Coastal
Conservancy
unless the Director of General Services approves the lease terms.
(c) Except for the above, the expenditure of funds for grants to
nonstate
public agencies and nonprofit organizations is exempt from State
Public
Works Board review.
2. The funds appropriated in this item are available for
encumbrance for
either capital outlay or local assistance until June 30, 2008.
3760-301-0565--For capital outlay, State Coastal Conservancy,
payable from the State Coastal Conservancy Fund . . . 650,000
Schedule:
(1) 80.00.020-Public Access . . . 650,000
Provisions:
1. (a) The State Coastal Conservancy may not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition
unless the grant contract provides a reversionary interest to the
state that
specifies that the property shall not revert to the state without
review and
approval by the State Coastal Conservancy and the State Public Works
Board.
(b) The State Coastal Conservancy may not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition
that provides for a state leasehold interest in property acquired by
a
nonstate public agency with grant funds of the State Coastal
Conservancy unless the Director of General Services approves the
lease
terms.
(c) Except for the above, the expenditure of funds for grants to
nonstate
public agencies and nonprofit organizations is exempt from State
Public
Works Board review.
2. The funds appropriated in this item are available for
encumbrance for
either capital outlay or local assistance until June 30, 2008.
3760-301-0593--For capital outlay, State Coastal Conservancy,
payable from the Coastal Access Account, State Coastal Conservancy
Fund . . . 950,000
Schedule:
(1) 80.00.020-Public Access . . . 950,000
Provisions:
1. (a) The State Coastal Conservancy may not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition
unless the grant contract provides a reversionary interest to the
state that
specifies that the property shall not revert to the state without
review and
approval by the State Coastal Conservancy and the State Public Works
Board.
(b) The State Coastal Conservancy may not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition
that provides for a state leasehold interest in property acquired by
a
nonstate public agency with grant funds of the State Coastal
Conservancy
unless the Director of General Services approves the lease terms.
(c) Except for the above, the expenditure of funds for grants to
nonstate
public agencies and nonprofit organizations is exempt from State
Public
Works Board review.
2. The funds appropriated in this item are available for
encumbrance for
either capital outlay or local assistance until June 30, 2008.
3760-301-0890--For capital outlay, State Coastal Conservancy,
payable from the Federal Trust Fund . . . 2,000,000
Schedule:
(1) 80.97.030-Conservancy Programs . . . 2,000,000
Provisions:
1. (a) The State Coastal Conservancy shall not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition
unless the grant contract provides a reversionary interest to the
state that
specifies that the property shall not revert to the state without
review and
approval by the State Coastal Conservancy and the State Public Works
Board.
(b) The State Coastal Conservancy shall not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition
that provides for a state leasehold interest in property acquired by
a
nonstate public agency with grant funds of the State Coastal
Conservancy
unless the Director of General Services approves the lease terms.
(c) Except for the above, the expenditures of funds for grants to
nonstate
public agencies and nonprofit organizations shall be exempt from
State
Public Works Board review.
2. The funds appropriated in this item are available for
encumbrance for
either capital outlay or local assistance until June 30, 2008.
3760-301-6029--For capital outlay, State Coastal Conservancy,
payable from the California Clean Water, Clean Air, Safe Neighborhood
Parks, and Coastal Protection Fund . . . 4,000,000
Schedule:
(1) 80.00.023-San Francisco Bay Conservancy Program . . .
4,500,000
(2) Reimbursements . . . -500,000
Provisions:
1. (a) The State Coastal Conservancy shall not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition
unless the grant contract provides a reversionary interest to the
state that
specifies that the property shall not revert to the state without
review and
approval by the State Coastal Conservancy and the State Public Works
Board.
(b) The State Coastal Conservancy shall not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition
that provides for a state leasehold interest in property acquired by
a
nonstate public agency with grant funds of the State Coastal
Conservancy
unless the Director of General Services approves the lease terms.
(c) Except for the above, the expenditures of funds for grants to
nonstate
public agencies and nonprofit organizations shall be exempt from
State
Public Works Board review.
2. The amount appropriated in this item is available for
encumbrance for
either capital outlay or local assistance until June 30, 2008.
3760-301-6031--For capital outlay, State Coastal Conservancy,
payable from the Water Security, Clean Drinking Water, Coastal and
Beach Protection Fund of 2002 . . . 31,500,000
Schedule:
(1) 80.02.032-Watershed, Water Quality Protection, and Enhancement
Program . . . 32,000,000
(2) Reimbursements . . . -500,000
Provisions:
1. The amount appropriated in this item is available for
encumbrance for
either capital outlay or local assistance until June 30, 2008.
2. The funds appropriated in this item are conditioned upon all of
the
following:
(a) The State Coastal Conservancy may not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition
unless the grant contract provides a reversionary interest to the
state that
specifies that the property shall not revert to the state without
review and
approval by the State Coastal Conservancy and the State Public Works
Board.
(b) The State Coastal Conservancy may not enter into a grant
contract
with a nonprofit organization or local government for property
acquisition
that provides for a state leasehold interest in property acquired by
a
nonstate public agency with grant funds of the State Coastal
Conservancy unless the Director of General Services approves the
lease
terms.
(c) Except for the above, the expenditures of funds for grants to
nonstate
public agencies and nonprofit organizations shall be exempt from
State
Public Works Board review.
3760-311-6031--For transfer by the Controller from the Water
Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 to
the Habitat Conservation Fund . . . 4,000,000
Provisions:
1. The funds transferred in this item shall be used for purposes
consistent
with the requirements of the Habitat Conservation Fund and the
requirements of subdivision (a) of Section 79570 of the Water Code.
2. The amounts transferred by this item may be adjusted to reflect
the
requirements of subdivision (a) of Section 2796 of the Fish and Game
Code.
3760-490--Reappropriation, State Coastal Conservancy. The amount
specified in the appropriation provided for in the following citation
is
reappropriated for the purposes specified in that appropriation, and
shall
be available for encumbrance or expenditure until June 30, 2008:
6029--California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund
(1) The balance of Item 3760-301-6029 of the Budget Act of 2002
(Ch.
379, Stats. 2002)
3760-495--Reversion, State Coastal Conservancy. As of June 30,
2005,
the balances of the appropriations provided for in the following
citations
shall revert to the funds from which the appropriations were made:
0005--Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Fund
(1) $3,117,000 from Program 80.93.015--Coastal Resource
Development in Item 3760-301-0005 of the Budget Act of 2000 (Ch.
52, Stats. 2000)
(2) $7,404,000 from Program 80.01.027--Upper Newport Bay
Restoration and Protection Program in Item 3760-301-0005 of the
Budget Act of 2001 (Ch. 106, Stats. 2001)
(3) $2,582,000 from Program 80.93.025--Coastal Resource
Enhancement in Item 3760-301-0005 of the Budget Act of 2001 (Ch.
106, Stats. 2001)
(4) $35,000 from Program 80.97.030--Conservancy Programs (2) (S)
in
Item 3760-302-0005 of the Budget Act of 2000 (Ch. 52, Stats. 2000)
(5) $4,387,000 from Program 80.97.030--Conservancy Programs (2)
(Z) in Item 3760-302-0005 of the Budget Act of 2000 (Ch. 52, Stats.
2000)
3780-001-0001--For support of Native American Heritage Commission
. . . 532,000
Schedule:
(1) 10-Native American Heritage Commission . . . 545,000
(2) 97.20.001-Unallocated Reduction . . . -8,000
(3) Reimbursements . . . -5,000
3790-001-0001--For support of Department of Parks and Recreation .
.
. 100,976,000
Schedule:
(1) For support of the Department of Parks and Recreation . . .
353,003,000
(2) Unallocated Reduction . . . -1,567,000
(3) Reimbursements . . . -34,575,000
(4) Less funding provided by capital outlay . . . -4,000,000
(5) Amount payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund (Item 3790-001-0005) . .
. -10,179,000
(5.5) Amount payable from the Surface Mining and Reclamation
Account
(Item 3790-001-0035) . . . -500,000
(6) Amount payable from the California Environmental License Plate
Fund (Item 3790-001-0140) . . . -2,635,000
(7) Amount payable from the Public Resources Account, Cigarette
and
Tobacco Products Surtax Fund (Item 3790-001-0235) . . . -9,858,000
(8) Amount payable from the Off-Highway Vehicle Trust Fund (Item
3790-001-0263) . . . -36,579,000
(9) Amount payable from the State Parks and Recreation Fund (Item
3790-001-0392) . . . -134,779,000
(10) Amount payable from the Winter Recreation Fund (Item
3790-001-0449) . . . -346,000
(11) Amount payable from the Harbors and Watercraft Revolving Fund
(Item 3790-001-0516) . . . -689,000
(12) Amount payable from the Federal Trust Fund (Item
3790-001-0890) . . . -3,652,000
(13) Amount payable from the California Main Street Program Fund
(Item 3790-001-3077) . . . -175,000
(14) Amount payable from the California Clean Water, Clean Air,
Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3790-001-6029) . . . -12,022,000
(15) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3790-001-6031) . . .
-471,000
Provisions:
1. Of the funds appropriated by this act from the General Fund and
special funds, other than the Off-Highway Vehicle Trust Fund and bond
funds, to the Department of Parks and Recreation for local assistance
grants to local agencies, the department may allocate an amount not
to
exceed 1.5 percent of each project's allocation to provide for the
department's costs to administer these grants.
2. It is the intent of the Legislature that salaries, wages,
operating
expenses, and positions associated with implementing specific
Department of Parks and Recreation capital outlay projects continue
to
be funded through capital outlay appropriations, and that these funds
should also be reflected in the department's state operations budget
in the
Governor's Budget as a special item of expense reflecting the funding
provided from the capital outlay appropriations.
3790-001-0005--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Fund . . . 10,179,000
3790-001-0035--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the Surface Mining
and Reclamation Account . . . 500,000
Provisions:
1. Notwithstanding Section 2796.5 of the Public Resources Code,
the
funds appropriated in this item shall be available for a water
pollution
mitigation study of the Empire Mine State Historic Park.
3790-001-0140--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the California
Environmental License Plate Fund . . . 2,635,000
3790-001-0235--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the Public Resources
Account, Cigarette and Tobacco Products Surtax Fund . . . 9,858,000
3790-001-0263--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the Off-Highway
Vehicle Trust Fund . . . 36,579,000
3790-001-0392--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the State Parks and
Recreation Fund . . . 134,779,000
3790-001-0449--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the Winter
Recreation Fund . . . 346,000
3790-001-0516--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the Harbors and
Watercraft Revolving Fund . . . 689,000
3790-001-0890--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the Federal Trust
Fund . . . 3,652,000
3790-001-3077--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the California Main
Street Program Fund . . . 175,000
3790-001-6029--For support of Department of Parks and Recreation,
for payment to Item 3790-001-0001, payable from the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
Fund . . . 12,022,000
3790-001-6031--For support of Department of Parks and Recreation,
payable to Item 3790-001-0001, from the Water Security, Clean
Drinking Water, Coastal and Beach Protection Fund of 2002 . . .
471,000
3790-011-0062--For transfer by the Controller to the State Parks
and
Recreation Fund, as prescribed by subdivision (a) of Section 2107.7
of
the Streets and Highways Code, for expenditure by the Department of
Parks and Recreation for maintenance and repair of highways in units
of
the State Park System, payable from the Highway Users Tax Account,
Transportation Tax Fund . . . (3,400,000)
3790-012-0061--For transfer by the Controller from the Motor
Vehicle
Fuel Account, Transportation Tax Fund to the State Parks and
Recreation Fund . . . (26,649,000)
Provisions:
1. Notwithstanding any other provision of law, the amount
appropriated
in this item normally transferred to the Harbors and Watercraft
Revolving
Fund from the Motor Vehicle Fuel Account, Transportation Tax Fund,
shall be available for transfer to the State Parks and Recreation
Fund.
3790-101-0005--For local assistance, Department of Parks and
Recreation, payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund, to be available for
expenditure through fiscal year 2007-08 . . . 835,000
Schedule:
(1) 80.25-Recreational Grants . . . 835,000
(a) Local Agencies Operating Park Units
Provisions:
1. The funds appropriated in Schedule (1)(a) shall be available to
the City
of Huntington Beach for improvements to the bicycle and pedestrian
trail
and for bluff erosion and safety railing at Bolsa Chica State Beach.
3790-101-0262--For local assistance, Department of Parks and
Recreation, payable from the Habitat Conservation Fund, to be
available
for expenditure through fiscal year 2007-08 . . . 4,592,000
Schedule:
(1) 80.25-Recreational Grants . . . 3,092,000
(2) 80.28-Local Projects . . . 1,500,000
(a) Monterey County, Monterey Peninsula Regional Park
District-Santa
Lucia Mountain Range . . . (1,500,000)
Provisions:
1. The funds appropriated by this item shall be available only for
projects
submitted to the Department of Parks and Recreation for consideration
during the evaluation process for the Habitat Conservation Fund
Program.
3790-101-0263--For local assistance, Department of Parks and
Recreation, payable from the Off-Highway Vehicle Trust Fund, for
grants
to cities, counties, federal agencies or special districts, as
specified in
Section 5090.50 of the Public Resources Code, to be available for
expenditure through fiscal year 2007-08 . . . 18,000,000
Schedule:
(1) 80.12-OHV Grants . . . 18,000,000
3790-101-0858--For local assistance, Department of Parks and
Recreation, payable from the Recreational Trails Fund, to be
available for
expenditure through fiscal year 2007-08 . . . 6,200,000
Schedule:
(1) 80.12-OHV Grants . . . 1,200,000
(2) 80.25-Recreational Grants . . . 5,000,000
Provisions:
1. The funds appropriated in Schedules (1) and (2) shall be
available for
expenditure for local assistance or capital outlay.
2. Of the funds appropriated, the department may allocate, to the
maximum extent allowable under federal law, the amount necessary to
provide for the department's costs to administer these grants.
3. Grants may be made to nonprofit organizations and government
entities.
3790-101-0890--For local assistance, Department of Parks and
Recreation, payable from the Federal Trust Fund, to be available for
expenditure through fiscal year 2007-08 . . . 14,200,000
Schedule:
(1) 80.25-Recreational Grants . . . 13,000,000
(2) 80.30-Historic Preservation Grants . . . 1,200,000
Provisions:
1. The funds appropriated in Schedules (1) and (2) shall be
available for
expenditure for local assistance or capital outlay.
3790-101-8017--For local assistance, Department of Parks and
Recreation, payable from the California Missions Foundation Fund, to
be
available for expenditure through fiscal year 2007-08 . . . 260,000
Schedule:
(1) 80.30-Historic Preservation Grants . . . 260,000
Provisions:
1. The funds appropriated in this item shall be available for
allocation to
the California Missions Foundation for the restoration of California
missions.
2. The Department of Parks and Recreation, upon approval by the
Department of Finance, may adjust the appropriation specified in this
item
to the amount deposited in the fund from voluntary contributions made
by
taxpayers.
3790-301-0005--For capital outlay, Department of Parks and
Recreation, payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund . . . 5,404,000
Schedule:
(1) 90.AI.101-Millerton Lake SRA: Rehabilitate La Playa Day Use
Area--Preliminary plans . . . 200,000
(1.1) 90.EX.101-Malibu Creek SP: Restore Sepulveda
Adobe--Construction . . . 384,000
(1.2) 90.E4.103-Chino Hills SP: Visitor Center--Construction . . .
726,000
(1.3) 90.GG.101-Silverwood Lake SRA: Campground and Day Use
Improvements--Construction . . . 526,000
(2) 90.G3.101-Antelope Valley Indian Museum-Structural
Improvements--Preliminary plans and working drawings . . . 149,000
(2.1) 90.H9.101-Cardiff SB: Rebuild South Cardiff
Facilities--Construction . . . 500,000
(3) 90.I6.101-San Elijo SB: Replace Main Lifeguard
Tower--Preliminary
plans and working drawings . . . 418,000
(4) 90.RS.205-Statewide: State Park System--Minor projects . . .
975,000
(5) 90.RS.250-Statewide: Interpretive Exhibits--Minor projects . .
.
500,000
(6) 90.RS.260-Statewide: Recreational Trails--Minor projects . . .
250,000
(7) 90.RS.601-Statewide: Budget Development--Study . . . 500,000
(8) 90.8J.101-Columbia SHP: Drainage Improvements--Preliminary
plans . . . 144,000
(9) 90.86.100-Rancho San Andres: Castro Adobe--Construction . . .
132,000
Provisions:
1. The funds appropriated in Schedule (7) of this item shall be
used to
develop design information or cost information for new projects for
which
funds have not been appropriated previously, but that are anticipated
to
be included in the Governor's Budget for the 2006-07 and 2007-08
fiscal
years.
3790-301-0262--For capital outlay, Department of Parks and
Recreation, payable from the Habitat Conservation Fund . . .
1,000,000
Schedule:
(1) 90.RS.406-Habitat Conservation: Proposed
Additions--Acquisition .
. . 1,000,000
3790-301-0263--For capital outlay, Department of Parks and
Recreation, payable from the Off-Highway Vehicle Trust Fund . . .
7,845,000
Schedule:
(1) 90.RS.206-Statewide: OHV Minors--Minor projects . . .
2,245,000
(2) 90.RS.405-Statewide: OHV Opportunity Purchase/Budget
Package/Schematic Planning--Acquisition and study . . . 600,000
(3) 90.9N.101-Bakersfield OHV Park Project--Acquisition . . .
5,000,000
Provisions:
1. The funds appropriated in Schedule (2) of this item shall be
used to
develop design information or cost information for new projects for
which
funds have not been appropriated previously, but which are
anticipated
to be included in the Governor's Budget for the 2006-07 or 2007-08
fiscal year.
3790-301-0890--For capital outlay, Department of Parks and
Recreation, payable from the Federal Trust Fund . . . 5,000,000
Schedule:
(1) 90.RS.801-Federal Trust Fund Program--Acquisition, preliminary
plans, working drawings and construction . . . 5,000,000
3790-301-6029--For capital outlay, Department of Parks and
Recreation, payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund . . . 27,000,000
Schedule:
(1) 90.BA.102-Big Basin Redwoods SP: Water System
Improvements--Preliminary plans . . . 236,000
(2) 90.EX.103-Malibu Creek SP: Rehabilitate Public Use Facilities
at
Tapia--Working drawings, construction, and equipment . . . 3,845,000
(3) 90.E4.104-Chino Hills SP: Entrance Road and
Facilities--Construction and equipment . . . 12,426,000
(4) 90.FW.101-Topanga SP: Public Use Improvements--Construction
and equipment . . . 1,521,000
(4.1) 90.GI.102-Crystal Cove SP: Rehabilitation of Historic
Cottages
and Infrastructure--Construction . . . 567,000
(4.2) 90.GY.101-Doheny SB: New Lifeguard
Headquarters--Construction . . . 263,000
(4.3) 90.IH.101-Lake Perris SRA: Replace Lifeguard
Headquarters--Construction . . . 572,000
(5) 90.RS.412-Statewide: State Park System Opportunity & Inholding
Acquisitions--Acquisition . . . 1,500,000
(6) 90.RS.810-Capital Outlay Projects--Acquisition, preliminary
plans,
working drawings, construction, and minor projects . . . 3,000,000
(7) 90.3I.101-Shasta SHP: Southside Ruins Stabilization--Working
drawings and construction . . . 1,852,000
(7.1) 90.5R.101-Fort Ross SHP: Reconstruction Historic Fur
Warehouse--Construction . . . 2,336,000
(8) 90.6H.101-Samuel P. Taylor SP: Install New Concrete
Reservoirs--Working drawings and construction . . . 1,677,000
(9) 90.8X.101-Plumas-Eureka SP: Historic Stamp Mill
Preservation--Preliminary plans . . . 205,000
(10) Reimbursement--Capital Outlay Projects . . . -3,000,000
3790-401--For the 2005-06 fiscal year, the balance as of July 1,
2005,
deposits in, and accruals to the Conservation and Enforcement
Services
Account in the Off-Highway Vehicle Trust Fund shall be transferred by
the State Controller to the Off-Highway Vehicle Trust Fund. All funds
transferred pursuant to this item shall be available for expenditure
by the
Department of Parks and Recreation for activities pursuant to Section
5090.64 of the Public Resources Code which are authorized for
expenditure within Items 3790-001-0263, 3790-101-0263, and
3790-301-0263. The Controller shall make the transfers quarterly or
at
such intervals as determined necessary to meet the cashflow needs of
the
Off-Highway Vehicle Trust Fund.
3790-490--Reappropriation, Department of Parks and Recreation. The
balance of the appropriation provided for in the following citation
is
reappropriated for the purposes provided for in that appropriation
and
shall be available for encumbrance or expenditure until June 30,
2008:
0001--General Fund
(1) Item 3790-101-0001, Budget Act of 2000 (Ch. 52, Stats. 2000)
(a) 80.25-Recreational Grants
(184) City of Redlands: Local Park Facility
3790-491--Reappropriation, Department of Parks and Recreation. The
balances of the appropriations provided for in the following
citations are
reappropriated for the purposes and subject to the limitations,
unless
otherwise specified, provided for in the appropriations:
0005--Safe Neighborhood Parks, Clean Water, Clean Air and Coastal
Protection Bond Fund
(1) Item 3790-302-0005, Budget Act of 2001 (Ch. 106, Stats. 2001),
as reappropriated by Chapter 636 of the Statutes of 2002
(7) 90.EC.400-Kenneth Hahn SRA: Baldwin Hills--Acquisition,
planning, preliminary plans, working drawings, equipment, and
construction, including, but not limited to, trail development and
improvement, habitat restoration.
(2) Item 3790-301-0005, Budget Act of 2002 (Ch. 379, Stats. 2002)
(5.5) 90.86.100-Rancho San Andres: Castro Adobe--Preliminary
plans,
working drawings, and construction
(6) 90.AA.101-Folsom Powerhouse SHP: Powerhouse
Stabilization--Working drawings, construction, and equipment
(20) 90.H9.101-Cardiff SB: Rebuild South Cardiff
Facilities--Construction
(23) 90.IL.102-Border Field SP: Sediment Basins and Road
Realignment--Construction
(27.5) 90.AA.102-Folsom Powerhouse SHP: Visitor
Center--Preliminary plans, working drawings, construction, and
equipment
(29) Reimbursements-Border Field SP: Sediment Basins and road
realignment
(30) Reimbursements-Folsom Powerhouse SHP: Visitor Center
(3) Kenneth Hahn SRA, Section 1 of Chapter 636 of the Statutes of
2002
(4) Item 3790-301-0005, Budget Act of 2004 (Ch. 208, Stats. 2004)
(0.1) 90.EX.101-Malibu Creek SP: Restore Sepulveda
Adobe--Working drawings and construction
(0.2) 90.E4.103-Chino Hills SP: Visitor Center--Construction and
equipment
(1) 90.GI.101-Crystal Cove SP: El Morro Mobilehome Park
Conversion--Construction
(5) Reimbursement-Crystal Cove SP: El Morro Mobilehome Park
Conversion
0263--Off-Highway Vehicle Trust Fund
(1) Item 3790-301-0263, Budget Act of 2004 (Ch. 208, Stats. 2004)
(1) 90.A7.102-Prairie City SVRA: Improvement Project--Working
drawings and construction
(4) 90.20.002-Unallocated Capital Outlay
6029--California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund
(1) Item 3790-301-6029, Budget Act of 2002 (Ch. 379, Stats. 2002)
(1) 90.FJ.103-Will Rogers SHP: Restoration Historic
Landscape--Preliminary plans, working drawings, and construction
(2) 90.FW.104-Topanga SP: Immediate Use and General
Planning--Study, preliminary plans, working drawings, and
construction
(3) 90.GI.102-Crystal Cove SP: Rehabilitation of Historic Cottages
and
Infrastructure--Preliminary plans, working drawings, and construction
(4) 90.KV.101-Los Angeles River Parkway Project: Taylor Yards,
Immediate Public Use and General Planning--Study, preliminary plans,
working drawings, and construction
(5) 90.KZ.102-Cornfields Project: Immediate Use and General
Planning--Study, preliminary plans, working drawings, and
construction
(6) 90.RS.224-Statewide Acquisition-Proposition 40--Acquisition
(2) California Indian Museum: Preliminary plans, working drawings,
and
construction, Chapter 1126 of the Statutes of 2002
(3) Item 3790-301-6029, Budget Act of 2004 (Ch. 208, Stats. 2004)
(0.5) 90.AC.101-Railroad Technology Museum: Rehabilitation and
Facilities Plan--Working drawings and construction
(1) 90.BA.101-Big Basin Redwoods SP: Wastewater
Collection/Treatment System Improvements--Construction and
equipment
(2) 90.CB.102-Morro Bay SP: Sewer System
Improvement--Construction
(2.1) 90.EX.103-Malibu Creek SP: Rehabilitate Public Use
Facilities at
Tapia--Preliminary plans
(2.5) 90.FW.101-Topanga SP: Public Use Improvements--Preliminary
plans and working drawings
(2.6) 90.GY.101-Doheny SB: New Lifeguard
Headquarters--Construction and equipment
(2.7) 90.IH.101-Lake Perris SRA: Replace Lifeguard
Headquarters--Construction and equipment
(3.3) 90.3I.101-Shasta SHP: Southside Ruins
Stabilization--Preliminary
plans
(4) 90.5R.102-Fort Ross SHP: Water System
Improvement--Construction
(5.1) 90.8D.102-Donner Memorial SP: New Visitor Center--Working
drawings, construction, and equipment
(5.2) 90.8I.101-Calaveras Big Trees SP: New Visitor
Center--Working
drawings, construction, and equipment
(5.3) 90.8X.101-Plumas-Eureka SP: Historic Stamp Mill
Preservation--Study and partial construction
(5.4) 90.42.101-MacKerricher SP: Rehabilitate Historic Pudding
Creek
Trestle-Construction
(5.5) Reimbursement-Railroad Technology Museum: Rehabilitation and
Facilities Plan
(5.6) Reimbursement-Calaveras Big Trees SP: New Visitor Center
(5.7) Reimbursement-Donner Memorial SP: Visitor Center
3790-492--Reappropriation, Department of Parks and Recreation.
Notwithstanding any other provision of law, the period to liquidate
encumbrances of the following citation is extended to June 30, 2006:
0262--Habitat Conservation Fund
(1) Item 3790-101-0262, Budget Act of 1999 (Ch. 50, Stats. 1999),
as
reappropriated by Item 3790-493, Budget Act of 2004 (Ch. 208, Stats.
2004)
(1) 80.25.0001-Local Grants--Habitat Conservation Fund Program
Provisions:
1. The reappropriation is limited to the $325,000 grant to the
Mid-Peninsula Regional Open Space District.
3790-493--Reappropriation, Department of Parks and Recreation. The
balance of the appropriation provided for in the following citation
is
reappropriated for the purposes provided for in that appropriation
and
shall be available for encumbrance or expenditure until June 30,
2008:
0001--General Fund
(1) Item 3790-101-0001, Budget Act of 2000 (Ch. 52, Stats. 2000)
(a) 80.25-Recreational Grants
(94) Mendocino Coast Recreation and Park District: Construction of
Phase I of the Ft. Bragg Aquatic Center
3790-494--Reappropriation, Department of Parks and Recreation. The
balance of the appropriation provided for in the following citation
is
reappropriated for the purposes specified and shall be available for
encumbrance or expenditure until June 30, 2006:
0383--Natural Resources Infrastructure Fund
(1) The balance of Item 3790-101-0383 of the Budget Act of 2004
(Ch.
208, Stats. 2004) shall be available to the City of Los Angeles,
Department of Parks and Recreation, to fund priority parks
renovation,
restoration, improvement, and deferred maintenance.
3790-495--Reversion, Department of Parks and Recreation. As of
June
30, 2005, the sum of $6,236,000 from the appropriation provided for
in
the following citation shall revert to the balance of the fund from
which the
appropriation was made.
6029--California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund
(1) Item 3790-001-6029, Budget Act of 2004 (Ch. 208, Stats. 2004)
3790-496--Reversion, Department of Parks and Recreation. As of
June
30, 2005, the unencumbered balance of the appropriations provided for
in the following citations shall revert to the fund from which the
appropriation was made:
0005--Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Fund
(1) Item 3790-301-0005, Budget Act of 2003 (Ch. 157, Stats. 2003)
(15) 90.5R.101-Fort Ross SHP: Reconstruct Historic Fur
Warehouse--Construction
6029--California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund
(1) Item 3790-301-6029, Budget Act of 2004 (Ch. 208, Stats. 2004)
(2.4) 90.FO.101-Huntington SB: Expand Lifeguard
Headquarters/Training Facility-- Working drawings, construction, and
equipment
3810-001-0140--For support of Santa Monica Mountains Conservancy,
payable from the California Environmental License Plate Fund . . .
267,000
Schedule:
(1) 10-Santa Monica Mountains Conservancy . . . 717,000
(2) Amount payable from the California Clean Water, Clean Air,
Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3810-001-6029) . . . -229,000
(3) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3810-001-6031) . . .
-221,000
Provisions:
1. Notwithstanding Article 4 (commencing with Section 11040) of
Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code,
the
Attorney General shall continue to provide legal services to the
Santa
Monica Mountains Conservancy consistent with the manner in which the
Attorney General provides legal services to state agencies that are
funded
by appropriations made from the General Fund.
2. (a) The Santa Monica Mountains Conservancy shall not encumber
state appropriated funds for the purchase or acquisition of real
property
directly or through any public agency intermediary, including the
State
Public Works Board, that requires the payment of interest costs, or
late
fees or penalties, unless the conservancy certifies all of the
following:
(1) that the purchase is necessary to implement an acquisition
identified in
the high-priority category of the work program submitted annually to
the
Legislature pursuant to Section 33208 of the Public Resources Code,
or
amendments made thereto,
(2) that the purchase agreement does not involve interest payments or
terms in excess of those that the State Public Works Board may enter
into pursuant to Section 15854.1 of the Government Code, and
(3) that the purchase agreement does not commit the state to future
appropriations.
(b) The Santa Monica Mountains Conservancy shall report
periodically
to the Legislature, but no less frequently than twice yearly,
concerning the
status of any purchases certified as required in (a) and the amount
of state
funds thus far encumbered for interest, penalties, or other principal
surcharges.
3810-001-6029--For support of the Santa Monica Mountains
Conservancy, for payment to Item 3810-001-0140, payable from the
California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Fund . . . 229,000
3810-001-6031--For support of Santa Monica Mountains Conservancy,
for payment to Item 3810-001-0140, payable from the Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 . . .
221,000
3810-301-0941--For capital outlay, Santa Monica Mountains
Conservancy, payable from the Santa Monica Mountains Conservancy
Fund . . . 13,000
Schedule:
(1) 50.20-Capital Outlay and Local Assistance . . . 13,000
Provisions:
1. The Santa Monica Mountains Conservancy may encumber funds for
either capital outlay or local assistance grants through June 30,
2008. The
conservancy shall not encumber funds for any grant not previously
approved by the office of the Attorney General.
2. The Santa Monica Mountains Conservancy shall issue grants from
this
appropriation only in accordance with the General Obligation Bond Law
and the specific provisions of the bond funds from which
appropriations
have been made, and according to advice it has received from the
office
of the Attorney General, and, if appropriate, from the Office of the
State
Treasurer, respecting the permissible use of bond funds available to
the
conservancy.
3. Any time that the office of the Attorney General concludes that
any use
of bond funds has not been consistent with the advice provided by the
Attorney General, the Santa Monica Mountains Conservancy shall follow
the instructions of the Attorney General with respect to recovery,
refund,
or other settlement.
5. The Santa Monica Mountains Conservancy shall submit a report to
the
Director of Finance and the Joint Legislative Budget Committee, no
later
than October 1, 2005, on the conservancy's procedures and progress
towards achieving compliance with audit findings identified in "Final
Management Letter--Audit of Proposition 12, 40, and 50 Bond Funds,"
prepared by the Office of State Audits and Evaluations, Department of
Finance, dated March 1, 2005.
3810-301-6031--For capital outlay, Santa Monica Mountains
Conservancy, payable from the Water Se- curity, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 . . . 9,500,000
Schedule:
(1) 50.20-Capital Outlay and Local Assistance . . . 9,500,000
Provisions:
1. The Santa Monica Mountains Conservancy may encumber funds for
either capital outlay or local assistance grants through June 30,
2008. The
conservancy shall not encumber funds for any grant not previously
approved by the office of the Attorney General.
2. The Santa Monica Mountains Conservancy shall issue grants from
this
appropriation only in accordance with the General Obligation Bond Law
and the specific provisions of the bond funds from which
appropriations
have been made, and according to advice it has received from the
office
of the Attorney General, and if appropriate, from the Office of the
State
Treasurer, respecting the permissible use of bond funds available to
the
conservancy.
3. Any time that the office of the Attorney General concludes that
any use
of bond funds has not been consistent with the advice provided by the
Attorney General, the Santa Monica Mountains Conservancy shall follow
the instructions of the Attorney General with respect to recovery,
refund,
or other settlement.
5. The Santa Monica Mountains Conservancy shall submit a report to
the
Director of Finance and the Joint Legislative Budget Committee, no
later
than October 1, 2005, on the conservancy's procedures and progress
towards achieving compliance with audit findings identified in "Final
Management Letter--Audit of Proposition 12, 40, and 50 Bond Funds,"
prepared by the Office of State Audits and Evaluations, Department of
Finance, dated March 1, 2005.
3810-490--Reappropriation, Santa Monica Mountains Conservancy.
Notwithstanding any other provision of law, the period to liquidate
encumbrances of the following citation is extended to June 30, 2008.
0941--Santa Monica Mountains Conservancy Fund
(1) Reimbursements to Item 3810-301-0941, Budget Act of 2000 (Ch.
52, Stats. 2000)
3810-491--Reappropriation, Santa Monica Mountains Conservancy.
The balances of the appropriations provided for in the following
citations
are reappropriated for the purposes and subject to the limitations,
unless
otherwise specified, provided for in the appropriations, and shall be
available for encumbrance or expenditure until June 30, 2008:
0005--Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Fund
(1) Item 3810-301-0005, Budget Act of 2000 (Ch. 52, Stats. 2000),
provided that the funds will be available for capital outlay and
local
assistance.
(2) Item 3810-301-0005, Budget Act of 2001 (Ch. 106, Stats. 2001),
provided that the funds will be available for capital outlay and
local
assistance. Of the amount reappropriated, the balance of the
appropriation specified in Provision 2 of Item 3810-301-0005, Budget
Act of 2001 (Ch. 106, Stats. 2001), may be used for capital outlay
and
local assistance grants other than Phase 1 of the acquisition of
Zanja
Madre Park.
(3) Item 3810-301-0005, Budget Act of 2002 (Ch. 379, Stats. 2002),
provided that the funds will be available for capital outlay and
local
assistance.
6015--River Protection Subaccount
(1) Item 3810-301-6015, Budget Act of 2000 (Ch. 52, Stats. 2000)
Provisions:
1. The Santa Monica Mountains Conservancy may encumber funds for
either capital outlay or local assistance grants until June 30, 2008.
2. This reappropriation item shall not affect funds reverted by
Item
3810-495.
3810-495--Reversion, Santa Monica Mountains Conservancy. As of
June 30, 2005, the amounts in the appropriations provided for in the
following citations shall revert to the balance of the fund from
which the
appropriations were made:
0005--Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Fund
(1) $10,000 from Item 3810-301-0005, Budget Act of 2000 (Ch. 52,
Stats. 2000)
(2) $2,695,000 from Item 3810-301-0005, Budget Act of 2001 (Ch.
106, Stats. 2001)
3820-001-0001--For support of San Francisco Bay Conservation and
Development Commission . . . 3,204,000
Schedule:
(1) 10-Bay Conservation and Development . . . 4,125,000
(2) 97.20.001-Unallocated Reduction . . . -50,000
(3) Reimbursements . . . -674,000
(4) Amount payable from the Bay Fill Clean-Up and Abatement Fund
(Item 3820-001-0914) . . . -197,000
3820-001-0914--For support of San Francisco Bay Conservation and
Development Commission, for payment to Item 3820-001-0001,
payable from the Bay Fill Clean-Up and Abatement Fund . . . 197,000
3825-001-0140--For support of San Gabriel and Lower Los Angeles
Rivers and Mountains Conservancy, payable from the California
Environmental License Plate Fund . . . 283,000
Schedule:
(1) 10-San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy . . . 515,000
(2) Amount payable from the California Clean Water, Clean Air,
Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3825-001-6029) . . . -132,000
(3) Amount payable from the Water Security, Clean Drinking Water,
Coastal Beach Protection Fund of 2002 (Item 3825-001-6031) . . .
-100,000
3825-001-6029--For support of San Gabriel and Lower Los Angeles
Rivers and Mountains Conservancy, for payment to Item
3825-001-0140, payable from the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Fund . . . 132,000
3825-001-6031--For support of San Gabriel and Lower Los Angeles
Rivers and Mountains Conservancy, for payment to Item
3825-001-0140, payable from the Water Security, Clean Drinking
Water, Coastal Beach Protection Fund of 2002 . . . 100,000
3825-301-6031--For capital outlay, San Gabriel and Lower Los
Angeles Rivers and Mountains Conservancy, payable from the Water
Security, Clean Drinking Water, Coastal and Beach Protection Fund of
2002 . . . 4,500,000
Provisions:
1. The funds appropriated in this item are available for
expenditure for
capital outlay or local assistance until June 30, 2008.
3830-001-0140--For support of San Joaquin River Conservancy,
payable from the California Environmental License Plate Fund . . .
264,000
Schedule:
(1) 10-San Joaquin River Conservancy . . . 374,000
(2) Amount payable from the California Clean Water, Clean Air,
Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3830-001-6029) . . . -110,000
3830-001-6029--For support of San Joaquin River Conservancy, for
payment to Item 3830-001-0140, payable from the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
Fund . . . 110,000
3830-301-0104--For capital outlay, San Joaquin River Conservancy,
payable from the San Joaquin River Conservancy Fund . . . 0
Schedule:
(1) 20-Capital Outlay Acquisition and Enhancement Projects . . .
1,000,000
(2) Reimbursements . . . -1,000,000
Provisions:
1. The funds appropriated in this item are available for
expenditure for
capital outlay or local assistance until June 30, 2008.
2. Notwithstanding any other provision of law, upon approval and
order
of the Department of Finance, loans may be made from the California
Environmental License Plate Fund to meet cashflow needs due to delays
in collecting reimbursements. Any loan authorized by the Department
of
Finance pursuant to this provision shall only be made if the
conservancy
has a valid contract or certification that demonstrates that
sufficient funds
will be available to repay the loan.
3835-001-0140--For support of Baldwin Hills Conservancy, payable
from the California Environmental License Plate Fund . . . 311,000
Schedule:
(1) 10-Baldwin Hills Conservancy . . . 417,000
(2) Amount payable from the California Clean Water, Clean Air,
Safe
Neighborhood Parks, and Coastal Protection Fund (Item
3835-001-6029) . . . -106,000
3835-001-6029--For support of Baldwin Hills Conservancy, for
payment to Item 3835-001-0140, payable from the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
Fund . . . 106,000
3835-301-6029--For capital outlay, Baldwin Hills Conservancy,
payable
from the California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund . . . 8,648,000
Schedule:
(1) 20-Capital Outlay Acquisition and Improvement Program . . .
10,648,000
(2) Reimbursements . . . -2,000,000
Provisions:
1. The funds appropriated in this item are available for
expenditure for
capital outlay or local assistance until June 30, 2008.
3840-001-0140--For support of Delta Protection Commission, payable
from the California Environmental License Plate Fund . . . 151,000
3840-001-0516--For support of Delta Protection Commission, payable
from the Harbors and Watercraft Revolving Fund . . . 178,000
3845-001-0140--For support of San Diego River Conservancy, payable
from the California Environmental License Plate Fund . . . 274,000
Schedule:
(1) 10-San Diego River Conservancy . . . 274,000
3845-301-0140--For capital outlay, San Diego River Conservancy,
payable from the Environmental License Plate Fund . . . 0
Schedule:
(1) 20-Capital Outlay Acquisition and Enhancement Projects . . .
500,000
(2) Reimbursements . . . -500,000
Provisions:
1. The funds appropriated in this item are available for
encumbrance for
either capital outlay or local assistance until June 30, 2008.
3850-001-0140--For support of Coachella Valley Mountains
Conservancy, payable from the California Environmental License Plate
Fund . . . 255,000
Schedule:
(1) 10-Coachella Valley Mountains Conservancy . . . 411,000
(2) Reimbursements . . . -124,000
(3) Amount payable from the Coachella Valley Mountains Conservancy
Fund (Item 3850-001-0296) . . . -32,000
3850-001-0296--For support of Coachella Valley Mountains
Conservancy, for payment to Item 3850-001-0140, payable from the
Coachella Valley Mountains Conservancy Fund . . . 32,000
3850-301-6029--For capital outlay, Coachella Valley Mountains
Conservancy, payable from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund . . . 218,000
Schedule:
(1) 20-Coachella Valley Mountains Acquisition and Enhancement
Projects and Costs . . . 218,000
Provisions:
1. The funds appropriated in this item are available for
expenditure for
capital outlay or local assistance until June 30, 2008.
3855-001-0140--For support of Sierra Nevada Conservancy, payable
from the California Environmental License Plate Fund . . . 3,357,000
Schedule:
(1) 10-Sierra Nevada Conservancy . . . 3,557,000
(2) Reimbursements . . . -200,000
3860-001-0001--For support of Department of Water Resources . . .
72,691,000
Schedule:
(1) 10-Continuing Formulation of the California Water Plan . . .
108,447,000
(2) 20-Implementation of the State Water Resources Development
System . . . 5,220,000
(3) 30-Public Safety and Prevention of Damage . . . 92,690,000
(4) 40-Services . . . 7,205,000
(5) 45-California Energy Resources Scheduling (CERS) . . .
32,343,603
(6) 50.01-Management and Administration . . . 63,700,000
(7) 50.02-Distributed Management and Administration . . .
-63,700,000
(8) 97.20.001-Unallocated Reduction . . . -576,000
(9) Reimbursements . . . -26,693,000
(10) Amount payable from the California Environmental License
Plate
Fund (Item 3860-001-0140) . . . -238,000
(11) Amount payable from the Central Valley Project Improvement
Subaccount (Item 3860-001-0404) . . . -1,575,000
(12) Amount payable from the Feasibility Projects Subaccount (Item
3860-001-0445) . . . -482,000
(13) Amount payable from the Water Conservation and Groundwater
Recharge Subaccount (Item 3860-001-0446) . . . -125,000
(14) Amount payable from the Energy Resources Programs Account
(Item 3860-001-0465) . . . -1,792,000
(15) Amount payable from the Local Projects Subaccount (Item
3860-001-0543) . . . -101,000
(17) Amount payable from the 1986 Water Conservation and Water
Quality Bond Fund (Item 3860-001-0744) . . . -195,000
(18) Amount payable from the Federal Trust Fund (Item
3860-001-0890) . . . -12,700,000
(19) Amount payable from the Dam Safety Fund (Item 3860-0013057) .
. . -7,827,000
(20) Amount payable from the Electric Power Fund (Item
3860-0013100) . . . -32,343,603
(21) Amount payable from the Safe Drinking Water, Clean Water,
Watershed Protection, and Flood Protection Bond Fund (Item
3860-001-6001) . . . -988,000
(22) Amount payable from Floodplain Mapping Subaccount (Item
3860-001-6003) . . . -254,000
(23) Amount payable from the Flood Protection Corridor Subaccount
(Item 3860-001-6005) . . . -866,000
(24) Amount payable from the Urban Stream Restoration Subaccount
(Item 3860-001-6007) . . . -701,000
(25) Amount payable from the Yuba Feather Flood Protection
Subaccount (Item 3860-001-6010) . . . -703,000
(26) Amount payable from the Water Conservation Account (Item
3860-001-6023) . . . -789,000
(27) Amount payable from the Conjunctive Use Subaccount (Item
3860-001-6025) . . . -1,316,000
(28) Amount payable from the Bay-Delta Multipurpose Water
Management Subaccount (Item 3860-001-6026) . . . -3,604,000
(29) Amount payable from the Interim Water Supply and Water
Quality
Infrastructure and Management Subaccount (Item 3860-001-6027) . . .
-433,000
(30) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3860-001-6031) . . .
-78,913,000
Provisions:
1. The amounts appropriated in Items 3860-001-0001 to
3860-001-6031, inclusive, shall be transferred to the Water Resources
Revolving Fund (0691) for direct expenditure in such amounts as the
Department of Finance may authorize, including cooperative work with
other agencies.
3860-001-0140--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the California
Environmental License Plate Fund . . . 238,000
3860-001-0404--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Central Valley
Project Improvement Subaccount . . . 1,575,000
3860-001-0445--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Feasibility Projects
Subaccount . . . 482,000
3860-001-0446--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Water Conservation
and Groundwater Recharge Subaccount . . . 125,000
3860-001-0465--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Energy Resources
Programs Account . . . 1,792,000
3860-001-0543--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Local Projects
Subaccount . . . 101,000
3860-001-0744--For support of the Department of Water Resources,
for payment to Item 3860-001-0001, payable from the 1986 Water
Conservation and Water Quality Bond Fund . . . 195,000
3860-001-0890--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Federal Trust Fund .
. . 12,700,000
3860-001-3057--For support of Department of Water Resources, for
payments to Item 3860-001-0001, payable from the Dam Safety Fund .
. . 7,827,000
3860-001-3100--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Electric Power Fund
. . . 32,343,603
3860-001-6001--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Safe Drinking
Water, Clean Water, Watershed Protection, and Flood Protection Bond
Fund . . . 988,000
3860-001-6003--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Floodplain Mapping
Subaccount . . . 254,000
3860-001-6005--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Flood Protection
Corridor Subaccount . . . 866,000
3860-001-6007--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Urban Stream
Restoration Subaccount . . . 701,000
3860-001-6010--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Yuba Feather Flood
Protection Subaccount . . . 703,000
3860-001-6023--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Water Conservation
Account . . . 789,000
3860-001-6025--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Conjunctive Use
Subaccount . . . 1,316,000
3860-001-6026--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Bay-Delta
Multipurpose Water Management Subaccount . . . 3,604,000
3860-001-6027--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Interim Water
Supply and Water Quality Infrastructure and Management Subaccount . .
. 433,000
3860-001-6031--For support of Department of Water Resources, for
payment to Item 3860-001-0001, payable from the Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 . . .
78,913,000
Provisions:
1. This item contains $3,200,000 to continue studies of the
feasibility of
enlarging Los Vaqueros Reservoir. It is the intent of the Legislature
that
regional partners in the Los Vaqueros Reservoir execute an agreement
to
work together to continue investigation and planning for Los Vaqueros
by
July 1, 2006, if the state is to continue funding this project beyond
the
fiscal year.
3860-002-0001--For support of Department of Water Resources, for
annual payment related to Coordination Proceeding Special Title (Rule
1550(b)) February 20, 1986 Flood Cases (Paterno v. State of
California
(2003) 113 Cal.App.4th 998) . . . 67,068,000
Provisions:
1. This item is for the payment of the settlement entered into by
the State
of California and the plaintiffs of the Coordination Proceeding
Special
Title (Rule 1550(b)) February 20, 1986 Flood Cases (Paterno v. State
of California (2003) 113 Cal.App.4th 998), that was ultimately
acquired
by Merrill Lynch & Co. and allows for repayment over a 10-year period
ending in 2015. Interest payments are due each December 1 and June 1.
A principal payment is due each June 1.
2. Because the judgment terms include a variable interest rate,
the precise
amount of the payments that will come due cannot be determined with
certainty beforehand. In the event that the actual total payments for
this
item exceed the amount appropriated in this item, the Director of
Finance
is hereby authorized to increase this item in an amount necessary to
pay
the full required amount. The Director of Finance shall notify the
Joint
Legislative Budget Committee 30 days prior to the expenditure of any
additional funds from this item.
3. In the event that the actual total payments for this item are
less than the
amount appropriated, the excess funds will revert to the General Fund
on
June 30, 2006.
3860-101-0744--For local assistance, Department of Water
Resources,
payable from the 1986 Water Conservation and Water Quality Bond
Fund . . . 1,600,000
3860-101-0790--For local assistance, Department of Water
Resources,
payable from the 1988 Water Conservation Fund . . . 8,974,000
3860-101-6010--For local assistance, Department of Water
Resources,
payable from the Yuba Feather Flood Protection Subaccount . . .
34,207,000
3860-101-6023--For local assistance, Department of Water
Resources,
payable from the Water Conservation Account . . . 7,508,000
3860-101-6031--For local assistance, Department of Water
Resources,
payable from the Water Security, Clean Drinking Water, Coastal and
Beach Protection Fund of 2002 . . . 52,035,000
3860-301-0001--For capital outlay, Department of Water Resources .
.
. 16,700,000
Schedule:
(1) 30.95.010-Sacramento River Bank Protection Project . . .
5,620,000
(3) 30.95.115-American River Flood Control Project: Common
Elements . . . 5,109,000
(3.5) 30.95.211-1997 Flood Damage Repair Projects--San Joaquin
Valley . . . 346,000
(4) 30.95.255-Eastside Bypass Levee Raising Project . . . 55,000
(5) 30.95.260-South Sacramento County Streams . . . 6,080,000
(6) 30.95.280-Terminus Dam, Lake Kaweah Project . . . 3,902,000
(7) Reimbursements-American River Flood Control Project: Common
Elements . . . -1,500,000
(8) Reimbursements-Terminus Dam, Lake Kaweah Project . . .
-1,154,000
(9) Reimbursements-South Sacramento County Streams . . .
-1,758,000
Provisions:
1. The funds appropriated in this item may be expended for
relocations
and acquisition of land, easements, and rights-of-way, including, but
not
limited to, borrow pits, spoil areas, and easements for levees,
clearing,
flood control works, and flowage, and for appraisals, surveys, and
engineering studies necessary for the completion or operation of the
projects in the Sacramento and San Joaquin watersheds as authorized
by
Section 8617.1 and Chapters 1 (commencing with Section 12570), 2
(commencing with Section 12639), 3 (commencing with Section 12800),
3.5 (commencing with Section 12840), and 4 (commencing with Section
12850) of Part 6 of Division 6 of the Water Code. Notwithstanding
paragraph (1) of subdivision (a) of Section 12582.7 and Section
12585.5
of the Water Code, prior to state and federal authorization of the
project
and appropriation of federal construction funds by Congress and
subsequent to submittal of a report to the Legislature pursuant to
Section
12582.7, the amounts appropriated in this item may be expended for
state costs associated with preconstruction design and engineering
work
conducted by the federal government and others.
2. The amounts appropriated in this item are also for advances to
the
federal government or payments to the federal government or others
for
incidental construction or reconstruction items that are an
obligation of the
state in connection with the completion or operation of the projects
and
for materials and necessary construction, reconstruction, relocation,
or
alterations to highways, railroads, bridges, powerlines,
communication
lines, pipelines, irrigation works, and other structures and
facilities and for
appraisals, surveys, and engineering studies incidental thereto.
3. The funds appropriated in this item include funding for
preliminary
plans, working drawings, construction supervision, contract
administration, and other work activities to be performed by
Department
of Water Resources personnel in completion of the projects.
4. The funds appropriated in this item may be used to implement
the
above projects by arranging to perform work which is a federal
responsibility prior to the availability of federal appropriations
with the
intention that the costs will be reimbursed or eligible for credit by
the
federal government as provided in Public Law 99-662, Section 104,
November 17, 1986, or Public Law 90-488, Section 215, August 13,
1968.
5. Notwithstanding Section 26.00 of this act, funds may be
transferred,
with the approval of the Department of Finance, between projects
specified in this item and other Department of Water Resources major
capital outlay projects with an active appropriation. The Director of
Finance shall notify, in writing, the chairperson of the committee in
each
house that considers appropriations and the Chairperson of the Joint
Legislative Budget Committee, within 30 days or such lesser time as
the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, may determine, prior to any transfer.
3860-301-6026--For capital outlay, Department of Water Resources,
payable from the Bay-Delta Multipurpose Water Management
Subaccount . . . 15,000,000
Schedule:
(1) 10.95.015-South Delta Improvements Program . . . 15,000,000
3860-490--Reappropriation, Department of Water Resources. The
balance of the appropriations provided for in the following citations
are
reappropriated for the purposes and subject to the limitations,
unless
otherwise specified, provided for in those appropriations:
0001--General Fund
(1) Section 1 of Chapter 5 of the Statutes of 1997, First
Extraordinary
Session, as reappropriated by Item 3860-490, Budget Act of 2000 (Ch.
52, Stats. 2000) and Budget Act of 2001 (Ch. 106, Stats. 2001), as
reappropriated by Item 3860-492, Budget Act of 2002 (Ch. 379, Stats.
2002)
(e) 30.95.085-Cache Creek Settling Basin
(g) 30.95.155-Mid-Valley Area Levee
(2) Item 3860-301-0001, Budget Act of 1998 (Ch. 324, Stats. 1998),
as reappropriated by Item 3860-490, Budget Act of 2001 (Ch. 106,
Stats. 2001), as reappropriated by Item 3860-492, Budget Act of 2002
(Ch. 379, Stats. 2002)
(1.1) 30.95.111-1997 Flood Damage Repair Projects
(3) Item 3860-301-0001, Budget Act of 1997 (Ch. 282, Stats. 1997),
as reappropriated by Item 3860-490, Budget Act of 2000 (Ch. 52,
Stats. 2000) and Budget Act of 2001 (Ch. 106, Stats. 2001), as
reappropriated by Item 3860-492, Budget Act of 2002 (Ch. 379, Stats.
2002)
(5) 30.95.220-Upper Sacramento Area Levee Construction Project
(4) Item 3860-301-0001, Budget Act of 2002 (Ch. 379, Stats. 2002)
(4) 30.95.297-Success Reservoir Enlargement Project
3860-491--Reappropriation, Department of Water Resources. The
balances of the appropriations provided in the following citations
are
reappropriated for the purposes provided for in those appropriations
and
shall be available for encumbrance or expenditure until June 30,
2007:
6010--Yuba Feather Flood Protection Subaccount
(1) Item 3860-101-6010, Budget Act of 2004 (Ch. 208, Stats. 2004),
for the Yuba Feather Flood Protection Program
6023--Water Conservation Account
(1) Item 3860-101-6023, Budget Act of 2004 (Ch. 208, Stats. 2004),
for the Infrastructure Rehabilitation Program
6026--Bay-Delta Multipurpose Water Management Subaccount
(1) Item 3860-001-6026, Budget Act of 2004 (Ch. 208, Stats. 2004),
for the CALFED Science, Conveyance, and Ecosystem Restoration
Programs
6027--Interim Water Supply and Water Quality Infrastructure and
Management Subaccount
(1) Item 3860-101-6027, Budget Act of 2000 (Ch. 52, Stats. 2000),
as
reappropriated by Item 3860-492, Budget Act of 2001 (Ch. 106, Stats.
2001), and reappropriated by Item 3860-491, Budget Act of 2002 (Ch.
379, Stats. 2002), for purposes of the Environmental Water Account
6031--Water Security, Clean Drinking Water, Coastal and Beach
Protection Fund of 2002
(1) Up to $1,330,000 from Item 3860-001-6031, Budget of 2004 (Ch.
208, Stats. 2004), for purposes of the CALFED Watershed and
Ecosystem Restoration programs
3860-492--Extension of liquidation period, Department of Water
Resources. Notwithstanding any other provision of law, funds
appropriated in the following citations shall be available for
liquidation
until June 30, 2007:
0001--General Fund
(1) Item 3860-301-0001, Budget Act of 1999 (Ch. 52, Stats. 1999),
as
reappropriated by Item 3860-492, Budget Act of 2004 (Ch. 208, Stats.
2004)
(4) 30.95.205-Sutter County Bridge Replacement
(2) Item 3860-301-0001, Budget Act of 2000 (Ch. 52, Stats. 2000)
(1) 30.95.010-Sacramento Riverbank Protection Project
(2) 30.95.030-Merced County Streams
0543--Local Projects Subaccount
(1) Item 3860-101-0543, Budget Act of 2000 (Ch. 52, Stats. 2000)
0790--1988 Water Conservation Fund
(1) Item 3860-101-0790, Budget Act of 2002 (Ch. 379, Stats. 2002)
6005--Flood Protection Corridor Subaccount
(1) Item 3860-101-6005, Budget Act of 2000 (Ch. 50, Stats. 2000),
Program 30.10-Flood Protection Corridor Program
(2) Item 3860-101-6005, Budget Act of 2002 (Ch. 379, Stats. 2002),
Program 30.10-Flood Protection Corridor Program
6007--Urban Stream Restoration Subaccount
(1) Item 3860-101-6007, Budget Act of 2002 (Ch. 379, Stats. 2002),
Program 10.10-Urban Stream Restoration Program
6010--Yuba Feather Flood Protection Subaccount
(1) Item 3860-101-6010, Budget Act of 2000 (Ch. 50, Stats. 2000),
Program 30.10-Yuba Feather Flood Protection Program
(2) Item 3860-101-6010, Budget Act of 2002 (Ch. 379, Stats. 2002),
Program 30.10-Yuba Feather Flood Protection Program
6015--River Protection Subaccount
(1) Item 3860-001-6015, Budget Act of 2000 (Ch. 52, Stats. 2000),
Program 10.10-San Joaquin River Parkway and Restoration
(2) Item 3860-101-6015, Budget Act of 2000 (Ch. 52, Stats. 2000),
Program 10.10-Kern River Restoration Project and the Nature
Conservancy Sacramento River Project
6023--Water Conservation Account
(1) Item 3860-101-6023, Budget Act of 2000 (Ch. 52, Stats. 2000),
Program 10.29-Groundwater Recharge Program, Urban Water
Conservation Grant Program, and Agricultural Water Conservation
Program
(2) Item 3860-101-6023, Budget Act of 2002 (Ch. 379, Stats. 2002),
Program 10.29-Infrastructure Rehabilitation Program, Agricultural
Water
Conservation Program, and Urban Water Conservation Grant Program
6025--Conjunctive Use Subaccount
(1) Item 3860-101-6025, Budget Act of 2000 (Ch. 52, Stats. 2000),
Program 10.29-Groundwater Storage Program
(2) Item 3860-101-6025, Budget Act of 2002 (Ch. 379, Stats. 2002),
Program 10.29-Groundwater Storage Program
6026--Bay Delta Multipurpose Water Management Subaccount
(1) Item 3860-001-6026, Budget Act of 2002 (Ch. 379, Stats. 2002),
Program 10.10-CALFED Conveyance Program
6027--Interim Water Supply and Water Quality Infrastructure and
Management Subaccount
(1) Item 3860-101-6027, Budget Act of 2002 (Ch. 379, Stats. 2002),
Program 10.29-Interim Water Supply and Water Quality Infrastructure
and Management Program
6031--Water Security, Clean Drinking Water, Coastal and Beach
Protection Fund of 2002
(1) Item 3860-001-6031, Budget Act of 2002 (Ch. 379, Stats. 2002),
Program 10.10 and 15.10-Watershed Program
3860-495--Reversion, Department of Water Resources. As of June 30,
2005, the appropriations provided in the following citations shall
revert to
the fund from which the appropriation was made:
6031--Water Security, Clean Drinking Water, Coastal and Beach
Protection Fund of 2002
(1) Item 3860-001-6031, Budget Act of 2002 (Ch. 379, Stats. 2002)
. .
. 3,000,000
(2) Item 3860-001-6031, Budget Act of 2004 (Ch. 208, Stats. 2004)
. .
. 12,896,000
3860-496--Reversion, Department of Water Resources. Upon
termination of the grant contract entered into pursuant to Section
79205.8
of the Water Code by the department with the Friant Water Users
Authority, dated October 12, 2000, the balance specified below of the
appropriation provided in the following citation, shall revert to
the
balance of the fund from which the appropriation was made:
6027--Interim Water Supply and Water Quality Infrastructure and
Management Subaccount
(1) Up to $9,160,000 from Item 3860-101-6027, Budget Act of 2000
(Ch. 52, Stats. 2000) as reappropriated by Item 3860-491, Budget Act
of 2003 (Ch. 157, Stats. 2003)
3860-497--Reversion, Department of Water Resources. As of June 30,
2005, the balances specified below of the appropriations provided in
the
following citations shall revert to the balance of the fund from
which the
appropriation was made:
6005--Flood Protection Corridor Subaccount
(1) $411,030 from Item 3860-001-6005, Budget Act of 2003 (Ch. 157,
Stats. 2003)
6007--Urban Stream Restoration Subaccount
(1) $74,836 from Item 3860-101-6007, Budget Act of 2001 (Ch. 106,
Stats. 2001)
(2) $1,097,511 from Item 3860-101-6007, Budget Act of 2002 (Ch.
379, Stats. 2002)
(3) $71,102 from Item 3860-001-6007, Budget Act of 2003 (Ch. 157,
Stats. 2003)
6010--Yuba Feather Flood Protection Subaccount
(1) $139,397 from Item 3860-101-6010, Budget Act of 2000 (Ch. 52,
Stats. 2000)
(2) $2,979,732 from Item 3860-101-6010, Budget Act of 2001 (Ch.
106, Stats. 2001)
(3) $3,185,500 from Item 3860-101-6010, Budget Act of 2002 (Ch.
379, Stats. 2002)
(4) $340,805 from Item 3860-001-6010, Budget Act of 2003 (Ch. 157,
Stats. 2003)
(5) $4,542,700 from Item 3860-101-6010, Budget Act of 2003 (Ch.
157, Stats. 2003)
6015--River Protection Subaccount
(1) $28,000 from Item 3860-001-6015, Budget Act of 2003 (Ch. 157,
Stats. 2003)
6023--Water Conservation Account
(1) $29,906,533 from Item 3860-101-6023, Budget Act of 2000 (Ch.
52, Stats. 2000)
(2) $103,812 from Item 3860-001-6023, Budget Act of 2001 (Ch. 106,
Stats. 2001)
(3) $13,886,920 from Item 3860-101-6023, Budget Act of 2001 (Ch.
106, Stats. 2001)
(4) $14,526,126 from Item 3860-101-6023, Budget Act of 2002 (Ch.
379, Stats. 2002)
(5) $22,806 from Item 3860-001-6023, Budget Act of 2003 (Ch. 157,
Stats. 2003)
(6) $8,969,832 from Item 3860-101-6023, Budget Act of 2003 (Ch.
157, Stats. 2003)
6025--Conjunctive Use Subaccount
(1) $78,000 from Item 3860-101-6025, Budget Act of 2000 (Ch. 52,
Stats. 2000)
(2) $76,537,069 from Item 3860-101-6025, Budget Act of 2002 (Ch.
379, Stats. 2002)
(3) $218,029 from Item 3860-001-6025, Budget Act of 2003 (Ch. 157,
Stats. 2003)
6026--Bay-Delta Multipurpose Water Management Subaccount
(1) $14,497,002 from Item 3860-001-6026, Budget Act of 2001 (Ch.
106, Stats. 2001)
(2) $4,046,525 from Item 3860-001-6026, Budget Act of 2002 (Ch.
379, Stats. 2002)
6027--Interim Water Supply and Water Quality Infrastructure and
Management Subaccount
(1) $1,999,000 from Item 3860-101-6027, Budget Act of 2002 (Ch.
379, Stats. 2002)
(2) $193,967 from Item 3860-001-6027, Budget Act of 2003 (Ch. 157,
Stats. 2003)
3870-001-0001--For support of California Bay-Delta Authority . . .
8,522,000
Schedule:
(1) 10-CALFED Bay-Delta Program . . . 36,691,000
(2) 97.20.001-Unallocated Reduction . . . -132,000
(3) Reimbursements . . . -16,886,000
(4) Amount payable from the Bay-Delta Ecosystem Restoration
Account
(Item 3870-001-0546) . . . -5,074,000
(5) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3870-001-6031) . . .
-6,077,000
3870-001-0546--For support of California Bay-Delta Authority, for
payment to Item 3870-001-0001, payable from the Bay-Delta
Ecosystem Restoration Account . . . 5,074,000
3870-001-6031--For support of California Bay-Delta Authority, for
payment to Item 3870-001-0001, payable from the Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 . . .
6,077,000
3870-490--Reappropriation, California Bay-Delta Authority. The
balance of the appropriation provided in the following citation is
reappropriated for the purposes provided for in that appropriation
and
shall be available for encumbrance or expenditure until June 30,
2007:
6031--Water Security, Clean Drinking Water, Coastal and Beach
Protection Fund of 2002
(1) Up to $54,700,000 from Item 3860-001-6031, Budget Act of 2003,
(Ch. 157, Stats. 2003) for the Battle Creek Restoration Project and
for
integrated agriculture and ecosystem restoration activities.
CALIFORNIA ENVIRONMENTAL
PROTECTION AGENCY
3900-001-0001--For support of State Air Resources Board, for
payment to Item 3900-001-0044 . . . 2,211,000
3900-001-0044--For support of State Air Resources Board, payable
from the Motor Vehicle Account, State Transportation Fund . . .
85,639,000
Schedule:
(1) 15-Mobile Source . . . 211,446,000
(2) 25-Stationary Source . . . 42,797,000
(3) 30.01-Program Direction and Support . . . 11,571,000
(4) 30.02-Distributed Program Direction and Support . . .
-11,571,000
(5) 97.20.001-Unallocated Reduction . . . -34,000
(6) Reimbursements . . . -4,470,000
(7) Amount payable from the General Fund (Item 3900-001-0001) . .
.
-2,211,000
(8) Amount payable from the Air Pollution Control Fund (Item
3900-001-0115) . . . -135,459,000
(9) Amount payable from the Vehicle Inspection and Repair Fund
(Item
3900-001-0421) . . . -12,049,000
(10) Amount payable from the Air Toxics Inventory and Assessment
Account (Item 3900-001-0434) . . . -876,000
(11) Amount payable from the Federal Trust Fund (Item
3900-001-0890) . . . -12,006,000
(12) Amount payable from the Non-Toxic Dry Cleaning Incentive
Trust
Fund (Item 3900-001-3070) . . . -1,499,000
Provisions:
1. Of the amount appropriated in this item, $12,500,000 shall be
used by
the State Air Resources Board to replace pre-1977 school buses with
new school buses that comply with the most recent passenger safety
standards, and that have been certified by the board to meet the
lowest
achievable emission levels irrespective of the fuel stock used.
2. Of the amount appropriated in this item, $2,500,000 shall be
used to
retrofit in-use diesel school buses to protect children's health and
reduce
particulate matter emissions from those buses by at least 85 percent.
3. In expending funds under Provision 2, the State Air Resources
Board
shall require retrofit technologies to do all of the following: (a)
have at
least a level 3 verification from the board; (b) apply to the
broadest range
of year, make, and model of school bus diesel engine; (c) operate on
CARB diesel fuel or ultra-low sulfur diesel fuel; (d) operate across
the
broadest range of school bus operating conditions and duty cycles;
and
(e) produce the lowest possible NO2 across the device.
4. It is the intent of the Legislature in appropriating these
funds that the
State Air Resources Board provide equitable geographic distribution
of
the funds in a manner that reduces the risk to children's health from
diesel
emissions from school buses.
3900-001-0115--For support of State Air Resources Board, for
payment to Item 3900-001-0044, payable from the Air Pollution Control
Fund . . . 135,459,000
Provisions:
1. Of the amount appropriated in this item, $10,000,000 shall be
used to
retrofit in-use diesel school buses to protect children's health and
reduce
particulate matter emissions from those buses by at least 85 percent.
2. In expending funds under Provision 1, the State Air Resources
Board
shall require retrofit technologies to do all of the following: (a)
have at
least a level 3 verification from the board; (b) apply to the
broadest range
of year, make, and model of school bus diesel engine; (c) operate on
CARB diesel fuel or ultra-low sulfur diesel fuel; (d) operate across
the
broadest range of school bus operating conditions and duty cycles;
and
(e) produce the lowest possible NO2 across the device.
3. It is the intent of the Legislature in appropriating these
funds that the
State Air Resources Board provide equitable geographic distribution
of
the funds in a manner that reduces the risk to children's health from
diesel
emissions from school buses.
4. Notwithstanding any other provision of law, funds from the Carl
Moyer Memorial Air Quality Standards Attainment Trust Fund may be
used for the purposes specified in Provision 1.
3900-001-0421--For support of State Air Resources Board, for
payment to Item 3900-001-0044, payable from the Vehicle Inspection
and Repair Fund . . . 12,049,000
3900-001-0434--For support of State Air Resources Board, for
payment to Item 3900-001-0044, payable from the Air Toxics Inventory
and Assessment Account . . . 876,000
3900-001-0890--For support of State Air Resources Board, for
payment to Item 3900-001-0044, payable from the Federal Trust Fund .
. . 12,006,000
3900-001-3070--For support of State Air Resources Board, for
payment to Item 3900-001-0044, payable from the Non-Toxic Dry
Cleaning Incentive Trust Fund . . . 1,499,000
3900-101-0044--For local assistance, State Air Resources Board,
for
assistance to counties in the operation of local air pollution
control
districts, payable from the Motor Vehicle Account, State
Transportation
Fund . . . 10,111,000
Schedule:
(1) 35-Subvention . . . 10,111,000
Provisions:
1. It is the intent of the Legislature that funds appropriated in
this item
shall not be used to reduce the fees paid by permittees to the local
air
quality management and air pollution control districts.
3900-301-0115--For capital outlay, State Air Resources Board,
payable from the Air Pollution Control Fund . . . 103,000
Schedule:
(1) 40.10.002--Haagen-Smit Laboratory Seismic
Retrofit--Preliminary
plans . . . 103,000
3910-001-0005--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable from
the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Fund . . . 142,000
3910-001-0100--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable from
the California Used Oil Recycling Fund . . . 4,842,000
Provisions:
1. Notwithstanding subdivision (d) of Section 48653 of the Public
Resources Code, the aggregate of appropriations from the California
Used Oil Recycling Fund may exceed $3,000,000 during the 2005-06
fiscal year.
3910-001-0193--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable from
the Waste Permit Discharge Fund . . . 200,000
Provisions:
1. Of the amount appropriated by this item, $200,000 shall be
available
to support development of the Education and Environment Initiative.
The
funds shall become available no sooner than the chaptering of
Assembly
Bill 1721 of the 2005-06 Regular Session.
3910-001-0226--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable from
the California Tire Recycling Management Fund . . . 28,664,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
2. Notwithstanding Section 42889 of the Public Resources Code,
expenditures for administration of the Tire Recycling Program may
exceed the limits set forth in subdivisions (a) and (b) of Section
42889 of
the Public Resources Code.
3910-001-0281--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable from
the Recycling Market Development Revolving Loan Account, Integrated
Waste Management Fund . . . 2,143,000
3910-001-0386--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable from
the Solid Waste Disposal Site Cleanup Trust Fund . . . 593,000
Provisions:
1. Notwithstanding Section 48020 of the Public Resources Code,
expenditures for administration of the Solid Waste Cleanup Trust Fund
Program may exceed the limits set forth in subdivision (c) of Section
48020 of the Public Resources Code.
3910-001-0387--For support of California Integrated Waste
Management Board, payable from the Integrated Waste Management
Account, Integrated Waste Management Fund . . . 41,383,000
Schedule:
(1) 11-Waste Reduction and Management . . . 92,908,000
(2) 30.01-Administration . . . 8,924,000
(3) 30.02-Distributed Administration . . . -8,924,000
(4) Reimbursements . . . -207,000
(5) Amount payable from the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund (Item 3910-001-0005) . .
. -142,000
(6) Amount payable from the California Used Oil Recycling Fund
(Item
3910-001-0100) . . . -4,842,000
(7) Amount payable from the California Used Oil Recycling Fund
(paragraph (4) of subdivision (a) of Section 48653 of the Public
Resources Code) . . . -1,950,000
(8) Amount payable from the California Used Oil Recycling Fund
(paragraph (1) of subdivision (a) of Section 48653 of the Public
Resources Code) . . . -3,300,000
(9) Amount payable from the Waste Discharge Permit Fund (Item
3910-001-0193) . . . -200,000
(10) Amount payable from the California Tire Recycling Management
Fund (Item 3910-001-0226) . . . -28,664,000
(11) Amount payable from the Recycling Market Development
Revolving
Loan Account, Integrated Waste Management Fund (Item
3910-001-0281) . . . -2,143,000
(12) Amount payable from the Solid Waste Disposal Site Cleanup
Trust
Fund (Item 3910-001-0386) . . . -593,000
(13) Amount payable from the Integrated Waste Management Account,
Integrated Waste Management Fund (Item 3910-006-0387) . . .
-640,000
(14) Amount payable from the Farm and Ranch Solid Waste Cleanup
and Abatement Account (Item 3910-001-0558) . . . -1,064,000
(15) Amount payable from the Rigid Container Account (Item
3910-001-3024) . . . -200,000
(16) Amount payable from the Electronic Waste Recovery and
Recycling
Account (Item 3910-001-3065) . . . -7,580,000
Provisions:
1. Notwithstanding subdivision (h) of Section 42023.1 of the
Public
Resources Code, the California Integrated Waste Management Board
may offset the costs of administering the revolving loan program for
Recycling Market Development Zones with funds appropriated in this
item.
2. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
3. Of the amount appropriated by this item, $3,300,000 shall be
available
to support development of the Education and Environment Initiative.
The
funds shall become available no sooner than Assembly Bill 1721 of the
2005-06 Regular Session is chaptered.
3910-001-0558--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable from
the Farm and Ranch Solid Waste Cleanup and Abatement Account . . .
1,064,000
Provisions:
1. Notwithstanding Section 48100 of the Public Resources Code,
expenditures for administration of the Farm and Ranch Solid Waste
Cleanup and Abatement Grant Program may exceed the limits set forth
in
paragraph (3)(A) of subdivision (c) of Section 48100 of the Public
Resources Code.
3910-001-3024--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable from
the Rigid Container Account . . . 200,000
3910-001-3065--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable from
the Electronic Waste Recovery and Recycling Account . . . 7,580,000
3910-003-0100--For transfer by the Controller, upon notification
by the
board, of an amount not to exceed the appropriation in this item,
from the
California Used Oil Recycling Fund to the Farm and Ranch Solid Waste
Cleanup and Abatement Account pursuant to paragraph (2)(A) of
subdivision (c) of Section 48100 of the Public Resources Code . . .
(333,000)
3910-003-0226--For transfer by the Controller, upon notification
by the
board, of an amount not to exceed the appropriation in this item,
from the
California Tire Recycling Management Fund to the Farm and Ranch Solid
Waste Cleanup and Abatement Account pursuant to paragraph (2)(A) of
subdivision (c) of Section 48100 of the Public Resources Code . . .
(333,000)
3910-003-0387--For transfer by the Controller from the Integrated
Waste Management Account, Integrated Waste Management Fund, to
the Recycling Market Development Revolving Loan Account as a loan
pursuant to subdivision (a) of Section 42023.2 of the Public
Resources
Code . . . (5,000,000)
3910-004-0387--For transfer by the Controller from the Integrated
Waste Management Account, Integrated Waste Management Fund, to
the Solid Waste Disposal Site Cleanup Trust Fund pursuant to
paragraph
(1) of subdivision (c) of Section 48027 of the Public Resources Code
. . .
(5,000,000)
3910-005-0387--For transfer by the Controller, upon notification
by the
board, of an amount not to exceed the appropriation in this item,
from the
Integrated Waste Management Account, Integrated Waste Management
Fund, to the Farm and Ranch Solid Waste Cleanup and Abatement
Account pursuant to paragraph (2)(A) of subdivision (c) of Section
48100 of the Public Resources Code . . . (334,000)
3910-006-0387--For support of California Integrated Waste
Management Board, for payment to Item 3910-001-0387, payable from
the Integrated Waste Management Account, Integrated Waste
Management Fund . . . 640,000
3910-101-0226--For local assistance, California Integrated Waste
Management Board, payable from the California Tire Recycling
Management Fund . . . 4,000,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
3910-101-0387--For local assistance, California Integrated Waste
Management Board, payable from the Integrated Waste Management
Account, Integrated Waste Management Fund . . . 5,904,000
3930-001-0106--For support of Department of Pesticide Regulation,
payable from the Department of Pesticide Regulation Fund . . .
41,842,000
Schedule:
(1) 12-Registration and Health Evaluation . . . 18,117,000
(2) 17-Pest Management, Environmental Monitoring, Enforcement, and
Licensing . . . 27,159,000
(3) 20.01-Administration . . . 8,234,000
(4) 20.02-Distributed Administration . . . -8,234,000
(5) Reimbursements . . . -479,000
(6) Amount payable from the California Environmental License Plate
Fund (Item 3930-001-0140) . . . -455,000
(7) Amount payable from the Food Safety Account (Item
3930-001-0224) . . . -306,000
(8) Amount payable from the Federal Trust Fund (Item
3930-001-0890)
. . . -2,194,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
3930-001-0140--For support of Department of Pesticide Regulation,
for
payment to Item 3930-001-0106, payable from the California
Environmental License Plate Fund . . . 455,000
3930-001-0224--For support of Department of Pesticide Regulation,
for
payment to Item 3930-001-0106, payable from the Food Safety
Account . . . 306,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
3930-001-0890--For support of Department of Pesticide Regulation,
for
payment to Item 3930-001-0106, payable from the Federal Trust Fund .
. . 2,194,000
3930-003-0106--For transfer by the Controller from the Department
of
Pesticide Regulation Fund to the Food Safety Account pursuant to
Section 12846.5 of the Food and Agricultural Code . . . (320,000)
3940-001-0001--For support of State Water Resources Control Board
. . . 29,236,000
Schedule:
(1) 10-Water Quality . . . 431,809,000
(2) 20-Water Rights . . . 11,085,000
(3) 30.01-Administration . . . 17,805,000
(4) 30.02-Distributed Administration . . . -17,805,000
(5) 97.20.001-Unallocated Reduction . . . -454,000
(6) Reimbursements . . . -9,815,000
(7) Amount payable from the Unified Program Account (Item
3940-001-0028) . . . -525,000
(8) Amount payable from the Waste Discharge Permit Fund (Item
3940-001-0193) . . . -62,318,000
(9) Amount payable from the Marine Invasive Species Control Fund
(Item 3940-001-0212) . . . -77,000
(10) Amount payable from the Public Resources Account, Cigarette
and
Tobacco Products Surtax Fund (Item 3940-001-0235) . . . -3,666,000
(11) Amount payable from the Integrated Waste Management Account,
Integrated Waste Management Fund (Item 3940-001-0387) . . .
-5,547,000
(12) Amount payable from the State Revolving Fund Loan Subaccount
(Item 3940-001-0417) . . . -538,000
(13) Amount payable from the Water Recycling Subaccount (Item
3940-001-0419) . . . -153,000
(14) Amount payable from the Drainage Management Subaccount (Item
3940-001-0422) . . . -515,000
(16) Amount payable from the Seawater Intrusion Control Subaccount
(Item 3940-001-0424) . . . -39,000
(17) Amount payable from the Underground Storage Tank Tester
Account (Item 3940-001-0436) . . . -63,000
(18) Amount payable from the Underground Storage Tank Cleanup Fund
(Item 3940-001-0439) . . . -275,556,000
(19) Amount payable from the Surface Impoundment Assessment
Account (Item 3940-001-0482) . . . -198,000
(20) Amount payable from the 1984 State Clean Water Bond Fund
(Item 3940-001-0740) . . . -321,000
(21) Amount payable from the Federal Trust Fund (Item
3940-0010890)
. . . -34,670,000
(22) Amount payable from the Water Rights Fund (Item
3940-001-3058) . . . -9,227,000
(23) Amount payable from the Watershed Protection Subaccount (Item
3940-001-6013) . . . -1,069,000
(24) Amount payable from the Santa Ana River Watershed Subaccount
(Item 3940-001-6016) . . . -1,062,000
(25) Amount payable from the Lake Elsinore and San Jacinto
Watershed
Subaccount (Item 3940-001-6017) . . . -47,000
(26) Amount payable from the Nonpoint Source Pollution Control
Subaccount (Item 3940-001-6019) . . . -1,238,000
(27) Amount payable from the State Revolving Fund Loan Subaccount
(Item 3940-001-6020) . . . -81,000
(28) Amount payable from the Wastewater Construction Grant
Subaccount (Item 3940-001-6021) . . . -23,000
(29) Amount payable from the Coastal Nonpoint Source Control
Subaccount (Item 3940-001-6022) . . . -1,076,000
(30) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 3940-001-6031) . . .
-4,820,000
(31) Amount payable from the Petroleum Underground Storage Tank
Financing Account (Item 3940-001-8026) . . . -560,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order
of the Director of Finance, the State Water Resources Control Board
may borrow sufficient funds for cash purposes from special funds that
otherwise provide support for the board. Any such loans are to be
repaid with interest at the rate earned in the Pooled Money
Investment
Account.
3940-001-0028--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Unified Program
Account . . . 525,000
3940-001-0193--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Waste Discharge
Permit Fund . . . 62,318,000
3940-001-0212--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001 payable from the Marine Invasive
Species Control Fund . . . 77,000
3940-001-0235--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Public Resources
Account, Cigarette and Tobacco Products Surtax Fund . . . 3,666,000
3940-001-0387--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Integrated Waste
Management Account, Integrated Waste Management Fund . . .
5,547,000
3940-001-0417--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the State Revolving
Fund Loan Subaccount . . . 538,000
3940-001-0419--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Water Recycling
Subaccount . . . 153,000
3940-001-0422--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Drainage
Management Subaccount . . . 515,000
3940-001-0424--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Seawater
Intrusion Control Subaccount . . . 39,000
3940-001-0436--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Underground
Storage Tank Tester Account . . . 63,000
3940-001-0439--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Underground
Storage Tank Cleanup Fund . . . 275,556,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
3940-001-0482--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Surface
Impoundment Assessment Account Fund . . . 198,000
3940-001-0740--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the 1984 State Clean
Water Bond Fund . . . 321,000
3940-001-0890--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Federal Trust
Fund . . . 34,670,000
3940-001-3058--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Water Rights
Fund . . . 9,227,000
3940-001-6013--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Watershed
Protection Subaccount . . . 1,069,000
3940-001-6016--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Santa Ana River
Watershed Subaccount . . . 1,062,000
3940-001-6017--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Lake Elsinore
and San Jacinto Watershed Subaccount . . . 47,000
3940-001-6019--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Nonpoint Source
Pollution Control Subaccount . . . 1,238,000
3940-001-6020--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the State Revolving
Fund Loan Subaccount . . . 81,000
3940-001-6021--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Wastewater
Construction Subaccount . . . 23,000
3940-001-6022--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Nonpoint Source
Control Subaccount . . . 1,076,000
3940-001-6031--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 . . .
4,820,000
3940-001-8026--For support of State Water Resources Control Board,
for payment to Item 3940-001-0001, payable from the Petroleum
Underground Storage Tank Financing Account . . . 560,000
3940-101-0001--For local assistance, State Water Resources Control
Board . . . 0
Schedule:
(1) 10-Water Quality . . . 169,814,000
(3) Amount payable from the Watershed Protection Subaccount (Item
3940-101-6013) . . . -1,920,000
(4) Amount payable from the Nonpoint Source Pollution Control
Subaccount (Item 3940-101-6019) . . . -3,847,000
(5) Amount payable from the Coastal Nonpoint Source Control
Subaccount (Item 3940-101-6022) . . . -385,000
(6) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund
of 2002 (Item 3940-101-6031) . . . -152,162,000
(7) Amount payable from the Petroleum Underground Storage Tank
Financing Account (Item 3940-101-8026) . . . -11,500,000
3940-101-6013--For local assistance, State Water Resources Control
Board, for payment to Item 3940-101-0001, payable from the
Watershed Protection Subaccount, to be available for expenditure
until
June 30, 2008 . . . 1,920,000
3940-101-6019--For local assistance, State Water Resources Control
Board, for payment to Item 3940-101-0001, payable from the Nonpoint
Source Pollution Control Subaccount to be available for expenditure
until
June 30, 2008 . . . 3,847,000
3940-101-6022--For local assistance, State Water Resources Control
Board, for payment to Item 3940-101-0001, payable from the Coastal
Nonpoint Source Control Subaccount to be available for ex- penditure
until June 30, 2008 . . . 385,000
3940-101-6031--For local assistance, State Water Resources Control
Board, for payment to Item 3940-101-0001, payable from the Water
Security, Clean Drinking Water, Coastal and Beach Protection Fund of
2002 . . . 152,162,000
Provisions:
1. Notwithstanding any other provision of law, the amount
appropriated
in this item shall be available for expenditure until June 30, 2008,
and may
be used to provide grants to local, state, federal, and private
entities for
projects.
3940-101-8026--For support of local assistance, State Water
Resources Control Board, for payment to Item 3940-101-0001, payable
from the Petroleum Underground Storage Tank Financing Account . . .
11,500,000
3940-490--Extension of liquidation period, State Water Resources
Control Board. Notwithstanding any other provision of law, funds
appropriated in the following citations shall be available for
liquidation
until June 30, 2006:
6013--Watershed Protection Subaccount
(1) Item 3940-101-6013, Budget Act of 2000 (Ch. 52, Stats. 2000),
as
amended by Section 18 of Chapter 672 of the Statutes of 2000
(2) Item 3940-101-6013, Budget Act of 2001 (Ch. 106, Stats. 2001)
6016--Santa Ana River Watershed Subaccount
(1) Item 3940-101-6016, Budget Act of 2000 (Ch. 52, Stats. 2000),
as
amended by Section 19 of Chapter 672 of the Statutes of 2000
6017--Lake Elsinore and San Jacinto Watershed Subaccount
(1) Item 3940-101-6017, Budget Act of 2001 (Ch. 106, Stats. 2001)
6019--Nonpoint Source Pollution Control Subaccount
(1) Item 3940-101-6019, Budget Act of 2000 (Ch. 52, Stats. 2000),
as
amended by Section 21 of Chapter 672 of the Statutes of 2000
(2) Item 3940-101-6019, Budget Act of 2001 (Ch. 106, Stats. 2001)
6022--Coastal Nonpoint Source Control Subaccount
(1) Item 3940-101-6022, Budget Act of 2000 (Ch. 52, Stats. 2000),
as
amended by Section 24 of Chapter 672 of the Statutes of 2000
(2) Item 3940-101-6022, Budget Act of 2001 (Ch. 106, Stats. 2001)
6031--Water Security, Clean Drinking Water, Coastal and Beach
Protection Fund
(1) Item 3940-101-6031, Budget Act of 2002 (Ch. 379, Stats. 2002)
3940-491--Reappropriation, State Water Resources Control Board.
The amount specified in the appropriation provided for in the
following
citation is reappropriated for the purpose of developing instream
flow
guidelines and shall be available for encumbrance or expenditure
until
June 30, 2006:
3058--Water Rights Fund
(1) Item 3940-001-3058, Budget Act of 2004 (Ch. 208, Stats. 2004)
. .
. 1,500,000
3960-001-0001--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014 . . . 24,618,000
Provisions:
1. The Director of the Department of Toxic Substances Control may
expend from this item: (a) $8,013,000 for the following activities at
the
Stringfellow Federal Superfund site: (1) operation and maintenance of
pretreatment plants to treat contaminated groundwater extracted from
the
site, (2) site maintenance and groundwater monitoring, and (3)
implementation of work to stabilize the site, and (b) $6,575,000 for
the
operation of the Illegal Drug Laboratory Removal Program.
2. Notwithstanding any other provision of law, the funds
appropriated for
removal and remedial action at the Stringfellow Federal Superfund
site
shall be available for encumbrance for three fiscal years subsequent
to the
fiscal year in which the funds are appropriated, and disbursements in
liquidation of encumbrances shall be pursuant to Section 16304.1 of
the
Government Code.
3. Of the amount appropriated in this item, $750,000 shall be used
for
the purposes of emergency response activity pursuant to Section 25354
of the Health and Safety Code, in lieu of the appropriation made
pursuant to that section.
4. The amount appropriated in this item includes $8,491,000 for
emergency response activities at the BKK Landfill. This appropriation
is
subject to the condition that, to the extent that funds are expended
for
purposes for which any private or public entity is or may be held
financially liable, the Department of Toxic Substances Control shall
take
all reasonable actions to recover the amount of that expenditure from
one
or more of those entities, and that the amounts so recovered be paid
to
the General Fund in reimbursement of the amount of that expenditure.
Additionally, those recovered funds shall be spent before funds from
the
General Fund, consistent with the language in any settlement
agreements
between the department and the potentially responsible parties.
5. As of June 30, 2006, or earlier, any unspent funds in Provision
3 shall
revert to the General Fund if the Directors of the Department of
Toxic
Substances Control and the Department of Finance agree that
sufficient
funds have been provided by the other potentially responsible
parties.
6. The director of the Department of Toxic Substances Control
shall send
a letter notifying the chairpersons of the fiscal committees of each
house
of the Legislature that act on the department's budget and the
Legislative
Analyst's Office within 30 days of receiving any moneys from
potentially
responsible parties for the BKK Landfill.
3960-001-0014--For support of Department of Toxic Substances
Control, payable from the Hazardous Waste Control Account . . .
51,327,000
Schedule:
(1) 12-Site Mitigation and Brownfields Reuse . . . 84,445,000
(2) 13-Hazardous Waste Management . . . 65,349,000
(3) 19.01-Administration . . . 34,572,000
(4) 19.02-Distributed Administration . . . -34,572,000
(5) 20-Science, Pollution Prevention and Technology . . .
10,798,000
(6) 97.20.001-Unallocated Reduction . . . -143,000
(7) Reimbursements . . . -9,700,000
(8) Amount payable from General Fund (Item 3960-001-0001) . . .
-24,618,000
(9) Amount payable from Unified Program Account (Item
3960-001-0028) . . . -992,000
(10) Amount payable from Illegal Drug Lab Cleanup Account (Item
3960-001-0065) . . . -2,073,000
(11) Amount payable from California Used Oil Recycling Fund (Item
3960-001-0100) . . . -362,000
(12) Amount payable from Toxic Substances Control Account (Item
3960-001-0557) . . . -43,282,000
(13) Amount payable from Federal Trust Fund (Item 3960-001-0890) .
.
. -25,448,000
(14) Amount payable from Environmental Quality Assessment Fund
(Item 3960-001-3035) . . . -678,000
(15) Amount payable from Electronic Waste Recovery and Recycling
Account (Item 3960-001-3065) . . . -651,000
(16) Amount payable from State Certified Unified Program Agency
Account (Item 3960-001-3084) . . . -1,318,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order
of the Director of Finance, the Department of Toxic Substances
Control
may borrow sufficient funds from special funds that otherwise provide
support for the department for cashflow purposes. Any such loans are
to
be repaid with interest at the rate earned by the Pooled Money
Investment Account.
2. Notwithstanding any other provision of law, upon request of the
Director of the Department of Toxic Substances Control, and approval
of
the Department of Finance, the Controller shall increase the
appropriation
in this item in an amount
necessary to pay the Board of Equalization any
additional costs the board may incur to make refunds required by
Chapter 737 of the Statutes of 1998, provided sufficient funds are
available for such purposes and the board provides workload
information
that justifies the increase.
3960-001-0018--For support of Department of Toxic Substances
Control, payable from the Site Remediation Account . . . 8,418,000
Schedule:
(1) 12-Site Mitigation and Brownfields Reuse . . . 8,418,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
2. The Director of the Department of Toxic Substances Control
shall
report, in writing, not later than 120 days after the end of the
fiscal year to
the Chairperson of the Joint Legislative Budget Committee, the
chairpersons of the legislative fiscal committees that act on the
department's budget, the Chairperson of the Environmental Safety and
Toxic Materials Committee of the Assembly, and the Chairperson of the
Environmental Quality Committee of the Senate, actions taken under
this
provision.
3. Notwithstanding Section 2.00 of the Budget Act, this
appropriation
shall be available in accordance with the provisions of Section
25330.2 of
the Health and Safety Code.
3960-001-0028--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014, payable from the Unified
Program Account . . . 992,000
3960-001-0065--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014, payable from the Illegal
Drug Lab Cleanup Account . . . 2,073,000
3960-001-0100--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014, payable from the
California Used Oil Recycling Fund . . . 362,000
3960-001-0456--For support of Department of Toxic Substances
Control, payable from the Expedited Site Remediation Trust Fund . . .
750,000
Schedule:
(1) 12-Site Mitigation and Brownfields Reuse . . . 750,000
Provisions:
1. Notwithstanding any other provision of law, upon request of the
Department of Toxic Substances Control, and approval by the
Department of Finance, the Controller shall augment the appropriation
in
this item to pay costs associated with orphan shares at sites
selected for
the Expedited Site Remediation Pilot Program from any uncommitted
funds in the Expedited Site Remediation Trust Fund.
2. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
3960-001-0557--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014, payable from the Toxic
Substances Control Account . . . 43,282,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
2. The amount appropriated in this item includes state oversight
costs at
military installations. The expenditure of these funds shall not
relieve the
federal government of the responsibility to pay for all state
oversight
costs. The department shall take all steps necessary to recover these
costs from the federal government, including, but not limited to,
filing civil
actions authorized by state and federal law.
3960-001-0890--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014, payable from the Federal
Trust Fund . . . 25,448,000
Provisions:
1. Upon receipt of the federal Revolving Fund Grant, the
Department of
Toxic Substances Control is authorized to make loans and grants as
authorized under the federal regulations and in accordance with all
applicable federal laws and guidelines.
3960-001-3035--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014, payable from the
Environmental Quality Assessment Fund . . . 678,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order
of the Director of Finance, the Department of Toxic Substances
Control
may borrow for cashflow purposes sufficient funds from special funds
that
otherwise provide support for the department. Any such loans are to
be
repaid with interest at the rate earned by the Pooled Money
Investment
Account.
3960-001-3065--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014, payable from the
Electronic Waste Recovery and Recycling Account . . . 651,000
Provisions:
1. Notwithstanding any other provisions of law, upon approval and
order
of the Director of Finance, the Department of Toxic Substances
Control
may borrow for cashflow purposes sufficient funds from special funds
that
otherwise provide support for the department. Any such loans are to
be
repaid with interest at the rate earned by the Pooled Money
Investment
Account.
3960-001-3084--For support of Department of Toxic Substances
Control, for payment to Item 3960-001-0014, payable from the State
Certified Unified Program Agency Account . . . 1,318,000
Provisions:
1. Notwithstanding any other provision of law, upon approval and
order
of the Director of Finance, the Department of Toxic Substances
Control
may borrow for cashflow purposes sufficient funds from special funds
that
otherwise provide support to the department. Any such loans are to be
repaid with interest at the rate earned by the Pooled Money
Investment
Account.
2. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
3960-011-0294--For transfer by the Controller from the subaccount
for
removal and remedial action in the Hazardous Substance Account to the
Toxic Substances Control Account . . . (250,000)
Provisions:
1. Notwithstanding any other provision of law, upon request of the
Department of Toxic Substances Control, the Controller shall transfer
those funds deposited in the subaccount for removal and remedial
action
in the Hazardous Substance Account to the Toxic Substances Control
Account in an amount sufficient to fund the department's costs of
providing oversight to sites with deposits in the subaccount for
removal
and remedial action. The amount of funds transferred for the
oversight of
a given site shall not exceed the amount deposited in the subaccount
for
removal and remedial action pursuant to the settlement for that
specific
site.
3960-011-0557--For transfer by the Controller from the Toxic
Substances Control Account to the Expedited Site Remediation Trust
Fund . . . (482,000)
Provisions:
1. Notwithstanding any other provision of law, upon request of the
Department of Toxic Substances Control, the Controller shall transfer
funds from the Toxic Substances Control Account to the Expedited Site
Remediation Trust Fund, pursuant to Chapter 6.85 (commencing with
Section 25396) of Division 20 of the Health and Safety Code. The
amount of the funds transferred shall not exceed the proceeds of
fines and
penalties deposited in the Toxic Substances Control Account in the
2004-05 fiscal year, exclusive of the fines and penalties transferred
to the
Hazardous Substance Account pursuant to Section 25192 of the Health
and Safety Code for expenditure in accordance with Section 25385.9 of
the Health and Safety Code.
2. The amount specified in this item is an estimate of the funds
available
from the proceeds of fines and penalties described in Provision 1,
and
does not represent a limit on the funds that may be transferred.
3. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
3960-011-1003--For transfer by the Controller from the Cleanup
Loans
and Environmental Assistance to Neighborhoods Account to the Toxic
Substances Control Account . . . (424,000)
Provisions:
1. Notwithstanding any other provision of law, upon request of the
Department of Toxic Substances Control, the Controller shall transfer
up
to $424,000 to the Toxic Substances Control Account based on actual
costs incurred by the department for its oversight of Cleanup Loans
and
Environmental Assistance to Neighborhoods loan projects, provided
that
sufficient funds are available for those purposes.
3960-011-1006--For transfer by the Controller from the Rural CUPA
Reimbursement Account to the State Certified Unified Program Account
. . . (120,000)
Provisions:
1. The amount appropriated in this item represents the maximum
amount
of funding due to the State Certified Unified Program Account. Upon
request of the Department of Toxic Substances Control, the Controller
shall transfer up to $120,000 to the State Certified Unified Program
Account. The amount transferred shall be the amount that the
California
Environmental Protection Agency determines pursuant to Health and
Safety Code Section 25404.8 that the Department of Toxic Substances
Control is due as the Certified Program Agency for Trinity and
Imperial
Counties.
3960-012-0557--For transfer by the Controller from the Toxic
Substances Control Account to the Site Remediation Account . . .
(8,002,000)
3960-013-0557--For transfer by the Controller from the Toxic
Substances Control Account to the Hazardous Substance Account . . .
(1,000,000)
Provisions:
1. Upon request of the Department of Toxic Substances Control, the
Controller shall transfer up to $1,000,000 to the Hazardous Substance
Account, pursuant to this item.
3960-301-0001--For capital outlay, Department of Toxic Substances
Control . . . 1,063,000
Schedule:
(1) 12.18.STF-Stringfellow Pretreatment Plant Site--Preliminary
plans . .
. 1,063,000
Provisions:
1. Notwithstanding any other provision of law, the Department of
Toxic
Substances Control may enter into any and all contracts for the
design,
construction, and management of the project authorized in this item.
In
doing so, the Department of Toxic Substances Control shall comply
with
the State Contract Act (Chapter 1 (commencing with Section 10100) of
Part 2 of Division 2 of the Public Contract Code) and other
applicable
competitive selection processes. The Department of Toxic Substances
Control shall provide management oversight of the project, which
shall be
subject to the review of the State Public Works Board.
3960-490--Reappropriation, Department of Toxic Substances Control.
The amounts specified in the appropriations provided for in the
following
citations are reappropriated for the purposes provided in those
appropriations and shall be available for encumbrance or expenditure
until
June 30, 2006:
0001--General Fund
(1) $920,000 from Item 3960-001-0001, Budget Act of 2002 (Ch. 379,
Stats. 2002)
(2) $1,080,000 from Item 3960-001-0001, Budget Act of 2003 (Ch.
157, Stats. 2003)
Provisions:
1. Notwithstanding any other provision of law, a total of
$2,000,000
from the unencumbered balances of the Budget Acts of 2002 and 2003
appropriations cited above are reappropriated to capital outlay for
the
purpose of preliminary plan development for a new pretreatment plant
at
the Stringfellow Federal Superfund site and shall be available for
encumbrance or expenditure until June 30, 2006. This reappropriation
is
consistent with the remediation efforts authorized in the original
appropriation.
2. Notwithstanding any other provision of law, the Department of
Toxic
Substances Control may enter into any and all contracts for the
design,
construction, and management of the project authorized in this item.
In
doing so, the Department of Toxic Substances Control shall comply
with
the State Contract Act (Chapter 1 (commencing with Section 10100) of
Part 2 of Division 2 of the Public Contract Code) and other
applicable
competitive selection processes. The Department of Toxic Substances
Control shall provide management oversight of the project, which
shall be
subject to the review of the State Public Works Board.
3980-001-0001--For support of Office of Environmental Health
Hazard
Assessment . . . 8,852,000
Schedule:
(1) 10-Health Risk Assessment . . . 16,924,000
(2) 97.20.001-Unallocated Reduction . . . -122,000
(3) Reimbursements . . . -1,642,000
(4) Amount payable from the Motor Vehicle Account, State
Transportation Fund (Item 3980-001-0044) . . . -2,234,000
(5) Amount payable from the California Used Oil Recycling Fund
(Item
3980-001-0100) . . . -553,000
(6) Amount payable from the Department of Pesticide Regulation
Fund
(Item 3980-001-0106) . . . -1,120,000
(7) Amount payable from the California Environmental License Plate
Fund (Item 3980-001-0140) . . . -805,000
(7.5) Amount payable from the Waste Discharge Permit Fund (Item
3980-001-0193) . . . -250,000
(8) Amount payable from the Integrated Waste Management Account
(Item 3980-001-0387) . . . -340,000
(9) Amount payable from the Underground Storage Tank Cleanup Fund
(Item 3980-001-0439) . . . -124,000
(9.5) Amount payable from the Federal Trust Fund (Item
3980-001-0890) . . . -500,000
(10) Amount payable from the Safe Drinking Water and Toxic
Enforcement Fund (Item 3980-001-3056) . . . -382,000
3980-001-0044--For support of Office of Environmental Health
Hazard
Assessment, for payment to Item 3980-001-0001, payable from the
Motor Vehicle Account, State Transportation Fund . . . 2,234,000
3980-001-0100--For support of Office of Environmental Health
Hazard
Assessment, for payment to Item 3980-001-0001, payable from the
California Used Oil Recycling Fund . . . 553,000
3980-001-0106--For support of Office of Environmental Health
Hazard
Assessment, for payment to Item 3980-001-0001, payable from the
Department of Pesticide Regulation Fund . . . 1,120,000
3980-001-0140--For support of Office of Environmental Health
Hazard
Assessment, for payment to Item 3980-001-0001, payable from the
California Environmental License Plate Fund . . . 805,000
3980-001-0193--For support of Office of Environmental Health
Hazard
Assessment, for payment to Item 3980-001-0001, payable from the
Waste Discharge Permit Fund . . . 250,000
3980-001-0387--For support of Office of Environmental Health
Hazard
Assessment, for payment to Item 3980-001-0001, payable from the
Integrated Waste Management Account, Integrated Waste Management
Fund . . . 340,000
3980-001-0439--For support of Office of Environmental Health
Hazard
Assessment, for payment to Item 3980-001-0001, payable from the
Underground Storage Tank Cleanup Fund . . . 124,000
3980-001-0890--For support of Office of Environmental Health
Hazard
Assessment, for payment to Item 3980-001-0001, payable from the
Federal Trust Fund . . . 500,000
3980-001-3056--For support of Office of Environmental Health
Hazard
Assessment, for payment to Item 3980-001-0001, payable from the Safe
Drinking Water and Toxic Enforcement Fund . . . 382,000
HEALTH AND HUMAN SERVICES
4100-001-0890--For support of the State Council on Developmental
Disabilities, payable from the Federal Trust Fund . . . 6,995,000
Schedule:
(1) 10-State Council Planning and Administration . . . 1,458,000
(2) 20-Community Program Development . . . 1,987,000
(3) 40-Regional Offices and Local Area Boards . . . 9,650,000
(4) Reimbursements . . . -6,100,000
4100-490--Reappropriation, State Council on Developmental
Disabilities. Notwithstanding any other provision of law, the balance
of
the amount appropriated for the State Council on Developmental
Disabilities, payable from the Federal Trust Fund, in Item
4100-001-0890 of the Budget Act of 2004 (Ch. 208, Stats. 2004) is
reappropriated for transfer to and in augmentation of Item
4100-001-0890 of this Budget Act for the following purposes:
(a) To augment the allocation to the Developmental Disabilities
Program
Development Fund.
(b) To fund the cost of salary and benefit increases approved by
the
Legislature that exceed the Budget Act appropriation.
(c) To fund the implementation of any portion of the state plan as
approved by the council.
4120-001-0001--For support of Emergency Medical Services Authority
. . . 991,000
Schedule:
(1) 10-Emergency Medical Services Authority . . . 8,158,000
(2) 97.20.001-Unallocated Reduction . . . -12,000
(3) Reimbursements . . . -3,831,000
(4) Amount payable from the Emergency Medical Services Training
Program Approval Fund (Item 4120-001-0194) . . . -366,000
(5) Amount payable from the Emergency Medical Services Personnel
Fund (Item 4120-001-0312) . . . -1,228,000
(6) Amount payable from the Federal Trust Fund (Item
4120-001-0890)
. . . -1,730,000
4120-001-0194--For support of Emergency Medical Services
Authority, for payment to Item 4120-001-0001, payable from the
Emergency Medical Services Training Program Approval Fund . . .
366,000
4120-001-0312--For support of Emergency Medical Services
Authority, for payment to Item 4120-001-0001, payable from the
Emergency Medical Services Personnel Fund . . . 1,228,000
4120-001-0890--For support of Emergency Medical Services
Authority, for payment to Item 4120-001-0001, payable from the
Federal Trust Fund . . . 1,730,000
4120-101-0001--For local assistance, Emergency Medical Services
Authority, grants to local agencies . . . 9,786,000
Schedule:
(1) 10-Emergency Medical Services Authority . . . 14,090,000
(2) Reimbursements . . . -3,300,000
(3) Amount payable from the Federal Trust Fund (Item
4120-101-0890)
. . . -1,004,000
Provisions:
1. The General Fund support for poison control centers shall
augment,
but not replace, local expenditures for existing poison control
center
services. These funds shall be used primarily to increase services to
underserved counties and populations and for poison prevention and
information services. The Director of the Emergency Medical Services
Authority may contract with eligible poison control centers for the
distribution of these funds.
2. The Emergency Medical Services Authority shall use the
following
guidelines in administering state-funded grants to local agencies:
(a)
funding eligibility shall be limited to rural multicounty regions
that
demonstrate a heavy use of the emergency medical services system by
nonresidents, (b) local agencies shall provide matching funds of at
least
$1 for each dollar of state funds received, (c) state funding shall
be used
to provide only essential minimum services necessary to operate the
system, as defined by the authority, (d) no region shall receive both
federal and state funds in the same fiscal year for the same purpose,
and
(e) the Emergency Medical Services Authority shall monitor the use of
the
funds by recipients to assure that these funds are used in an
appropriate
manner.
3. Each region shall be eligible to receive up to one-half of the
total cost
of a minimal system for that region, as defined by the Emergency
Medical
Services Authority. However, the authority may reallocate unclaimed
funds among regions.
4. Notwithstanding Provision 2(b), each region with a population
of
300,000 or less as of June 30, 2003, shall receive the full amount
for
which it is eligible if it provides a cash match of $0.41 per capita
or
more. Failure to provide local cash contributions at the specified
level
shall result in a proportional reduction in state funding.
4120-101-0890--For local assistance, Emergency Medical Services
Authority, Program 10, for payment to Item 4120-101-0001, payable
from the Federal Trust Fund . . . 1,004,000
4120-115-0001--For transfer by the Controller to the Trauma Care
Fund . . . 10,000,000
4130-001-0632--For support of California Health and Human Services
Agency Data Center, payable from the California Health and Human
Services Agency Data Center Revolving Fund . . . 115,272,000
Schedule:
(1) 25-Operations . . . 115,272,000
Provisions:
1. The funds appropriated in this item are available for
expenditure or
encumbrance and the language included in this item is applicable only
until
the Governor's Reorganization Plan, or similar legislation that
creates the
Department of Technology Services, becomes law. At that time, the
unencumbered balance of funds appropriated in this item shall
immediately revert to the Health and Human Services Agency Data
Center Revolving Fund.
2. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditure for unanticipated workload resulting from
services provided to client departments or as appropriated in a
client
department's budget for the California Health and Human Services
Agency Data Center in excess of the amount appropriated no sooner
than 30 days after providing notification in writing to the
chairpersons of
the fiscal committees of each house of the Legislature and the
Chairperson of the Joint Legislative Budget Committee, or no sooner
than
such lesser time as the chairperson of the committee, or his or her
designee, may in each instance determine.
3. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appropriated pursuant to Section 11797 of
the Government Code.
4. Expenditure authority provided in this item to support data
center
infrastructure projects may only be utilized for items outside the
approved
scope of those projects if these changes are supported by
documentation
prepared and processed in accordance with the state's established
administrative and legislative reporting requirements. Changes in a
project's scope must receive approval in accordance with established
administrative and legislative reporting requirements.
5. Notwithstanding any other provision of law, upon request by the
Health and Human Services Agency Data Center, the Director of Finance
may adjust the amount available for expenditure in this item to pay
costs
associated with the Child Welfare Services/Case Management System
(CWS/CMS) Application Re-Hosting Project. The adjustment may be
effected not sooner than 30 days after notification in writing of the
necessity therefor to the chairpersons of the committees in each
house of
the Legislature that consider appropriations and the Chairperson of
the
Joint Legislative Budget Committee, or not sooner than whatever
lesser
time the chairperson of the committee, or his or her designee, may in
each
instance determine. The revised expenditure authority granted
pursuant to
this provision shall be consistent with the current approved project
or an
amount approved by the Director of Finance based on his or her review
of a subsequent special project report or equivalent document.
4140-001-0001--For support of Office of Statewide Health Planning
and Development . . . 392,000
Schedule:
(1) 10-Health Care Quality and Analysis . . . 6,061,000
(2) 30-Health Care Workforce . . . 6,001,000
(3) 42-Facilities Development . . . 29,737,000
(4) 45-Cal-Mortgage Loan Insurance . . . 4,544,000
(5) 60-Health Care Information . . . 8,784,000
(6) 80.01-Administration . . . 10,574,000
(7) 80.02-Distributed Administration . . . -10,349,000
(8) Reimbursements . . . -874,000
(9) Amount payable from the Hospital Building Fund (Item
4140-001-0121) . . . -29,707,000
(10) Amount payable from the California Health Data and Planning
Fund
(Item 4140-001-0143) . . . -16,522,000
(11) Amount payable from the Registered Nurse Education Fund (Item
4140-001-0181) . . . -1,409,000
(12) Amount payable from the Federal Trust Fund (Item
4140-001-0890) . . . -241,000
(13) Amount payable from the Mental Health Practitioner Education
Fund (Item 4140-001-3064) . . . -213,000
(14) Amount payable from the Vocational Nurse Education Fund (Item
4140-001-3068) . . . -138,000
(15) Amount payable from the Health Facilities Construction Loan
Insurance Fund (Section 129200, Health and Safety Code) . . .
-4,544,000
(16) Amount payable from the Health Professions Education Fund
(Section 128355, Health and Safety Code) . . . -1,312,000
Provisions:
1. Of the amount appropriated in Schedule (9), the $223,000
allocated
for procurement activities of the Logbook Redesign Project shall not
be
expended until the Department of Finance approves a feasibility study
report submitted by the OSHPD for the report.
4140-001-0121--For support of Office of Statewide Health Planning
and Development, for payment to Item 4140-001-0001, payable from
the Hospital Building Fund . . . 29,707,000
Provisions:
1. Notwithstanding any other provision of law, upon request by the
Office
of Statewide Health Planning and Development, the Department of
Finance may augment the amount available for expenditure in this item
to
pay costs associated with the review of hospital building plans. The
augmentation may be effected not sooner than 30 days after
notification in
writing of the necessity thereof to the chairperson of the committee
in
each house of the Legislature that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the chairperson of the committee, or his or
her
designee, may determine.
4140-001-0143--For support of Office of Statewide Health Planning
and Development, for payment to Item 4140-001-0001, payable from
the California Health Data and Planning Fund . . . 16,522,000
4140-001-0181--For support of Office of Statewide Health Planning
and Development, for payment to Item 4140-001-0001, payable from
the Registered Nurse Education Fund . . . 1,409,000
4140-001-0890--For support of Office of Statewide Health Planning
and Development, for payment to Item 4140-001-0001, payable from
the Federal Trust Fund . . . 241,000
4140-001-3064--For support of Office of Statewide Health Planning
and Development, for payment to Item 4140-001-0001, payable from
the Mental Health Practitioner Education Fund . . . 213,000
4140-001-3068--For support of Office of Statewide Health Planning
and Development, for payment to Item 4140-001-0001, payable from
the Vocational Nurse Education Fund . . . 138,000
4140-001-8007--For support of Office of Statewide Health Planning
and Development, payable from the Specialty Care Fund . . . 0
Provisions:
1. Notwithstanding any other provision of law, upon request of the
Office
of Statewide Health Planning and Development, the Department of
Finance may authorize expenditures of up to $200,000 in excess of the
amount appropriated in this item, if sufficient funds are available
in the
Specialty Care Fund, to pay costs associated with fundraising
activities
by a nonprofit organization as specified in Section 127630 of the
Health
and Safety Code, not sooner than 30 days after notification in
writing of
the necessity therefor is provided to the chairperson of the
committee in
each house of the Legislature that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee. The funds
appropriated by this provision shall be made available consistent
with the
amount approved by the Department of Finance based on its review of
the proposed contractual agreement for the fundraising activities.
4140-017-0143--For support of Office of Statewide Health Planning
and Development, payable from the California Health Data and Planning
Fund . . . 102,000
Schedule:
(1) 60-Health Care Information . . . 102,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified
in Control Section 17.00. These funds are to be used in support of
compliance activities related to the federal Health Insurance
Portability
and Accountability Act (HIPAA) of 1996.
4140-101-0001--For local assistance, Office of Statewide Health
Planning and Development . . . 4,690,000
Schedule:
(1) 30-Health Care Workforce . . . 8,056,000
(2) Reimbursements . . . -400,000
(3) Amount payable from California Health Data and Planning Fund
(Item
4140-101-0143) . . . -1,966,000
(4) Amount payable from the Federal Trust Fund (Item 4140-1010890)
.
. . -1,000,000
Provisions:
1. Of the amount appropriated in Schedule (1), $2,725,000 is
appropriated for nursing education pursuant to subdivision (c) of
Section
128235 of the Health and Safety Code.
2. Notwithstanding any other provision of law, the funds
appropriated in
this item for contracts with accredited medical schools, or programs
that
train primary care physicians' assistants, registered nurses, or
primary
care nurse practitioners, as well as contracts with hospitals or
other health
care delivery systems located in California, that meet the standards
of the
California Healthcare Workforce Policy Commission established
pursuant
to Article 1 (commencing with Section 128200) of Chapter 4 of Part 3
of
Division 107 of the Health and Safety Code, shall continue to be
available
for the 2006-07, 2007-08, and 2008-09 fiscal years.
4140-101-0143--For local assistance, Office of Statewide Health
Planning and Development, for payment to Item 4140-101-0001,
payable from the California Health Data and Planning Fund . . .
1,966,000
Provisions:
1. Notwithstanding subdivision (a) of Section 2.00 of this act, or
any
other provision of law, the funds appropriated in this item for
contracts
with accredited medical schools, or programs that train primary care
physicians' assistants or primary care nurse practitioners, as well
as
contracts with hospitals or other health care delivery systems
located in
California, that meet the standards of the California Healthcare
Workforce Policy Commission established pursuant to Article 1
(commencing with Section 128200) of Chapter 4 of Part 3 of Division
107 of the Health and Safety Code, shall continue to be available for
the
2006-07, 2007-08, and 2008-09 fiscal years.
4140-101-0890--For local assistance, Office of Statewide Health
Planning and Development, for payment to Item 4140-101-0001,
payable from the Federal Trust Fund . . . 1,000,000
4170-001-0001--For support of Department of Aging . . . 3,904,000
Schedule:
(1) 10-Nutrition . . . 2,807,000
(2) 20-Senior Community Employment Service . . . 644,000
(3) 30-Supportive Services and Centers . . . 5,196,000
(4) 40-Special Projects . . . 7,075,000
(5) 50.01-Administration . . . 14,056,000
(6) 50.02-Distributed Administration . . . -14,056,000
(7) 97.20.001-Unallocated Reduction . . . -38,000
(8) Reimbursements . . . -3,438,000
(9) Amount payable from the State HICAP Fund (Item 4170-0010289)
. . . -200,000
(10) Amount payable from the Federal Trust Fund (Item
4170-001-0890) . . . -8,011,000
(11) Amount payable from the Federal Citation Penalties Account,
Special Deposit Fund (Item 4170-003-0942) . . . -131,000
Provisions:
1. Of the amount available for expenditure in this item, $267,000
for 2.0
positions for the Adult Day Health Care (ADHC) Program shall not be
expended until the federal Centers for Medicare and Medicaid Services
(CMS) specifies the requirements to maintain federal financial
participation for the ADHC as a Medicaid program. These 2.0 positions
shall not be established until the Department of Finance has approved
the
workload necessary to comply with requirements set forth by the CMS.
4170-001-0289--For support of Department of Aging, for payment to
Item 4170-001-0001, payable from the State HICAP Fund . . . 200,000
4170-001-0890--For support of Department of Aging, for payment to
Item 4170-001-0001, payable from the Federal Trust Fund . . .
8,011,000
Provisions:
1. The Department of Finance may authorize the transfer of funds
between this item and Item 4170-101-0890 no sooner than 30 days after
written notification to the chairpersons of the fiscal committees of
each
house and the Chairperson of the Joint Legislative Budget Committee,
or
not sooner than whatever lesser time the Chairperson of the Joint
Legislative Budget Committee may determine. The notification shall
include: (a) the amount of the proposed transfer; (b) an
identification of
the purposes for which the funds will be used; (c) documentation that
the
proposed activities must be carried out in the current year and that
no
other funds are available for their support; and (d) the impact of
any
transfer on the level of services.
4170-003-0942--For support of Department of Aging, for payment to
Item 4170-001-0001, payable from the Federal Citation Penalties
Account, Special Deposit Fund . . . 131,000
4170-017-0001--For support of Department of Aging . . . 12,000
Schedule:
(1) 40-Special Projects . . . 24,000
(2) Reimbursements . . . -12,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified
in Control Section 17.00. These funds are to be used in support of
compliance activities related to the federal Health Insurance
Portability
and Accountability Act (HIPAA) of 1996.
4170-101-0001--For local assistance, Department of Aging . . .
31,452,000
Schedule:
(1) 10-Nutrition . . . 73,373,000
(2) 20-Senior Community Employment Service . . . 9,149,000
(3) 30-Supportive Services and Centers . . . 71,451,000
(4) 40-Special Projects . . . 24,266,000
(5) Reimbursements . . . -4,559,000
(6) Amount payable from the State HICAP Fund (Item
4170-101-0289) . . . -2,246,000
(7) Amount payable from the Federal Trust Fund (Item 4170-1010890)
.
. . -138,540,000
(8) Amount payable from the Federal Citation Penalties Account,
Special
Deposit Fund (Item 4170-1030942) . . . -1,442,000
Provisions:
1. To the extent the United States enacts a minimum wage equal to
or
greater than that of California, state funding provided in this item
for the
Senior Community Service Employment Program shall revert to the
General Fund.
4170-101-0289--For local assistance, Department of Aging, for
payment to Item 4170-101-0001, payable from the State HICAP Fund .
. . 2,246,000
4170-101-0890--For local assistance, Department of Aging, for
payment to Item 4170-101-0001, payable from the Federal Trust Fund .
. . 138,540,000
Provisions:
1. Provision 1 of Item 4170-001-0890 is also applicable to this
item.
2. Notwithstanding subdivision (d) of Section 28.00 of this act,
the
Department of Finance, upon notification by the California Department
of
Aging, may authorize augmentations in this item for budget revisions
submitted by Area Agencies on Aging and approved by the Department
of Aging for estimated entitlements of per-meal reimbursements from
the
U.S. Department of Agriculture and for funds allocated to Area
Agencies
on Aging for federal Title III and Title VII one-time-only
allocations.
4170-103-0942--For local assistance, Department of Aging, for
payment to Item 4170-101-0001, payable from the Federal Citation
Penalties Account, Special Deposit Fund . . . 1,442,000
Provisions:
1. Notwithstanding any other provision of law, funds appropriated
by this
item shall be allocated by the Department of Aging to each local
ombudsman program in accordance with a formula calculated on the
number of beds in licensed skilled nursing home facilities in each
program's area of service in proportion to the total number of beds
in
licensed skilled nursing homes in the state.
4180-001-0983--For support of Commission on Aging, payable from
the California Fund for Senior Citizens . . . 290,000
Provisions:
1. Funds appropriated in this item from the California Fund for
Senior
Citizens shall be allocated by the Commission on Aging for the
purposes
specified in Section 18723 of the Revenue and Taxation Code.
2. Pursuant to Section 18723 of the Revenue and Taxation Code, the
balance of this item as well as the balance of prior year
appropriations
from the California Fund for Senior Citizens may be carried over and
expended in any following fiscal year.
3. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures from the California Fund for Senior
Citizens
for the Commission on Aging in excess of the amount appropriated not
sooner than 30 days after notification in writing of the necessity
therefor is
provided to the chairpersons of the fiscal committees and the
Chairperson of the Joint Legislative Budget Committee.
4180-002-0886--For support of Commission on Aging, payable from
the California Seniors Special Fund . . . 57,000
Provisions:
1. Pursuant to Section 18773 of the Revenue and Taxation Code, the
balance of this item as well as the balance of prior year
appropriations
from the California Seniors Special Fund may be carried over and
expended in any following fiscal year.
2. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures from the California Seniors Special Fund
for
the Commission on Aging in excess of the amount appropriated not
sooner than 30 days after notification in writing of the necessity
therefor is
provided to the chairpersons of the fiscal committees and the
Chairperson
of the Joint Legislative Budget Committee, or not sooner than
whatever
lesser time the chairperson of the committee, or his or her designee,
may
in each instance determine.
4180-002-0890--For support of Commission on Aging, payable from
the Federal Trust Fund . . . 325,000
4200-001-0001--For support of Department of Alcohol and Drug
Programs . . . 4,364,000
Schedule:
(1) 15-Alcohol and Other Drug Services Program . . . 44,134,000
(2) 30.01-Administration . . . 11,195,000
(3) 30.02-Distributed Administration . . . -11,195,000
(4) 97.20.001-Unallocated Reduction . . . -252,000
(5) Reimbursements . . . -4,450,000
(6) Amount payable from the Driving-Under-the-Influence Program
Licensing Trust Fund (Item 4200-001-0139) . . . -1,601,000
(7) Amount payable from the Narcotic Treatment Program Licensing
Trust Fund (Item 4200-0010243) . . . -1,321,000
(8) Amount payable from Indian Gaming Special Distribution Fund
(Item
4200-001-0367) . . . -3,040,000
(9) Amount payable from the Audit Repayment Trust Fund (Item
4200-001-0816) . . . -67,000
(10) Amount payable from the Federal Trust Fund (Item 4200-001-
0890) . . . -24,931,000
(11) Amount payable from the Substance Abuse Treatment Trust Fund
(Item 4200-001-3019) . . . -3,860,000
(12) Amount payable from the Mental Health Services Fund (Item
4200-001-3085) . . . -248,000
4200-001-0139--For support of Department of Alcohol and Drug
Programs, for payment to Item 4200-001-0001, payable from the
Driving-Under-the-Influence Program Licensing Trust Fund . . .
1,601,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for the Driving-Under-the-Influence
Program
Licensing Trust Fund in excess of the amount appropriated not sooner
than 30 days after notification in writing of the necessity therefor
is
provided to the chairpersons of the fiscal committees and the
Chairperson
of the Joint Legislative Budget Committee, or not sooner than
whatever
lesser time the chairperson of the committee, or his or her designee,
may
in each instance determine.
4200-001-0243--For support of Department of Alcohol and Drug
Programs, for payment to Item 4200-001-0001, payable from the
Narcotic Treatment Program Licensing Trust Fund . . . 1,321,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for the Narcotic Treatment Program
Licensing Trust Fund in excess of the amount appropriated not sooner
than 30 days after notification in writing of the necessity therefor
is
provided to the chairpersons of the fiscal committees and the
Chairperson
of the Joint Legislative Budget Committee, or not sooner than
whatever
lesser time the chairperson of the committee, or his or her designee,
may
in each instance determine.
4200-001-0367--For support of Department of Alcohol and Drug
Programs, for payment to Item 4200-001-0001, payable from the Indian
Gaming Special Distribution Fund . . . 3,040,000
4200-001-0816--For support of Department of Alcohol and Drug
Programs, for payment to Item 4200-001-0001, payable from the Audit
Repayment Trust Fund . . . 67,000
4200-001-0890--For support of Department of Alcohol and Drug
Programs, for payment to Item 4200-001-0001, payable from the
Federal Trust Fund . . . 24,931,000
Provisions:
1. Upon order of the Department of Finance, the Controller shall
transfer
funds as necessary between this item and Item 4200-101-0890. In
determining which transfers are necessary pursuant to this provision,
the
director shall assess those programs and operations that have the
most
critical need. In making this assessment, the director shall consider
such
factors as caseload requirements, availability of personnel to
provide
essential services, other funding sources, and relevant information
provided by affected state agencies.
4200-001-3019--For support of Department of Alcohol and Drug
Programs, for payment to Item 4200-001-0001, payable from the
Substance Abuse Treatment Trust Fund . . . 3,860,000
Provisions:
1. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appropriated for administration pursuant to
Section 11999.6 of the Health and Safety Code.
2. Notwithstanding any other provision of law, the Department of
Finance
may authorize a loan from the General Fund to the Substance Abuse
Treatment Trust Fund for administrative costs of the State Department
of
Alcohol and Drug Programs made necessary by the provisions of the
Substance Abuse and Crime Prevention Act of 2000. The amounts so
transferred are in augmentation of Item 4200-001-3019, as directed by
the Department of Finance. The moneys shall be repaid to the General
Fund without interest, from the next annual allocation of the
Substance
Abuse Treatment Trust Fund pursuant to Section 11999.6 of the Health
and Safety Code, prior to the distribution of trust funds to the
counties
and state departments.
4200-001-3085--For support of Department of Alcohol and Drug
Programs, for payment to Item 4200-001-0001, payable from the
Mental Health Services Fund . . . 248,000
Provisions:
1. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appropriated for administration pursuant to
subdivision (d) of Section 5892 of the Welfare and Institutions Code.
4200-017-0001--For support of Department of Alcohol and Drug
Programs, for implementation of the Health Insurance Portability and
Accountability Act . . . 831,000
Schedule:
(1) 15-Alcohol and Other Drug Services Program . . . 1,791,000
(2) Reimbursements . . . -960,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified
in Control Section 17.00. These funds are to be used in support of
compliance activities related to the federal Health Insurance
Portability
and Accountability Act (HIPAA) of 1996.
4200-101-0001--For local assistance, Department of Alcohol and
Drug
Programs . . . 31,143,000
Schedule:
(1) 15-Alcohol and Other Drug Services Program . . . 295,295,000
(2) Reimbursements . . . -15,395,000
(3) Amount payable from the Federal Trust Fund (Item 4200-1010890)
.
. . -248,613,000
(4) Amount payable from the Resident-Run Housing Revolving Fund
(Item 4200-101-0977) . . . -144,000
Provisions:
1. Upon approval by the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Items
4200-001-0001, 4200-102-0001, 4200-103-0001, and
4200-104-0001. In determining which transfers are necessary pursuant
to this provision, the director shall assess those programs and
operations
that have the most critical need. In making this assessment, the
director
shall consider such factors as caseload requirements, availability of
personnel to provide essential services, other funding sources, and
relevant information provided by affected state agencies.
2. Upon approval by the Department of Finance, one or more
short-term
loans not to exceed a cumulative total of $59,745,000 may be made
available from the General Fund when there is a delay in the
allocation of
federal Substance Abuse Prevention and Treatment (SAPT) Block Grant
funds to California. The loans shall be repaid, with interest
calculated
pursuant to subdivision (a) of Section 16314 of the Government Code,
upon receipt of the federal SAPT Block Grant.
4200-101-0890--For local assistance, Department of Alcohol and
Drug
Programs, for payment to Item 4200-101-0001, payable from the
Federal Trust Fund . . . 248,613,000
Provisions:
1. Upon order of the Department of Finance, the Controller shall
transfer
funds as necessary between this item and Item 4200-001-0890. In
determining which transfers are necessary pursuant to this provision,
the
director shall assess those programs and operations that have the
most
critical need. In making this assessment, the director shall consider
such
factors as caseload requirements, availability of personnel to
provide
essential services, other funding sources, and relevant information
provided by affected state agencies.
4200-101-0977--For local assistance, Department of Alcohol and
Drug
Programs, for payment to Item 4200-101-0001, payable from the
Resident-Run Housing Revolving Fund . . . 144,000
Provisions:
1. To the extent that moneys available in the Resident-Run Housing
Revolving Fund are less than the amount appropriated by this item,
this
appropriation shall be limited to that lesser amount.
2. Notwithstanding any other provision of law, if revenues and
loan
repayments to the Resident-Run Housing Revolving Fund are sufficient
to
create additional allocation workload, the Director of Finance may
authorize expenditures for the Department of Alcohol and Drug
Programs
in excess of the amount appropriated not sooner than 30 days after
notification in writing of the necessity therefor is provided to the
chairpersons of the fiscal committees and the Chairperson of the
Joint
Legislative Budget Committee, or not sooner than whatever lesser time
the chairperson of the committee, or his or her designee, may in each
instance determine.
4200-102-0001--For local assistance, Department of Alcohol and
Drug
Programs, for perinatal substance abuse treatment programs (Drug
Medi-Cal) . . . 2,537,000
Schedule:
(1) 15-Alcohol and Other Drug Services Program . . . 5,074,000
(2) Reimbursements . . . -2,537,000
Provisions:
1. Upon approval by the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Items
4200-001-0001, 4200-101-0001, 4200-103-0001, and
4200-104-0001. In determining which transfers are necessary pursuant
to this provision, the director shall assess those programs and
operations
that have the most critical need. In making this assessment, the
director
shall consider such factors as case- load requirements, availability
of
personnel to provide essential services, other funding sources, and
relevant information provided by affected state agencies.
2. The funds appropriated by this item are available to provide
funding for
the state's share of expenditures for perinatal substance abuse
services
provided to persons eligible for Medi-Cal.
3. Notwithstanding subdivision (a) of Section 2.00 and Section
26.00,
the Department of Finance may authorize a transfer of expenditure
authority between this item and Item 4200-103-0001 so that the funds
appropriated in either item may be used to pay the state and federal
share
of prior fiscal years' allowable Medi-Cal costs that exceed the
amount
encumbered in prior fiscal years. The Director of Finance shall
notify the
Legislature within 10 days after authorizing a transfer pursuant to
this
provision unless prior notification of the transfer has been included
in the
Medi-Cal estimates submitted pursuant to Section 14100.5 of the
Welfare and Institutions Code.
4. Of the combined amounts appropriated in Items 4200-102-0001 and
4200-103-0001, $1,104,000 General Fund, and corresponding
reimbursements, is for the purpose of augmenting Drug Medi-Cal rates
above the 2002-03 rate level. The department shall establish
increases in
maximum reimbursement rates for Drug Medi-Cal services in the fiscal
year to reflect the additional General Fund and reimbursements
appropriated in this item.
4200-103-0001--For local assistance, Department of Alcohol and
Drug
Programs, Drug Medi-Cal Services . . . 60,298,000
Schedule:
(1) 15-Alcohol and Other Drug Services Program . . . 114,029,000
(2) Reimbursements . . . -53,731,000
Provisions:
1. Upon approval by the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Items
4200-001-0001, 4200-101-0001, 4200-102-0001, and
4200-104-0001. In determining which transfers are necessary pursuant
to this provision, the director shall assess those programs and
operations
that have the most critical need. In making this assessment, the
director
shall consider such factors as caseload requirements, availability of
personnel to provide essential services, other funding sources, and
relevant information provided by affected state agencies.
2. The funds appropriated in this item are available to provide
funding for
the state's share of expenditures for substance abuse services
provided to
persons eligible for Medi-Cal.
3. Notwithstanding subdivision (a) of Section 2.00 and Section
26.00,
the Department of Finance may authorize a transfer of expenditure
authority between this item and Item 4200-102-0001 so that the funds
appropriated in either item may be used to pay the state and federal
share
of prior fiscal years' allowable Medi-Cal costs that exceed the
amount
encumbered in prior fiscal years. The Director of Finance shall
notify the
Legislature within 10 days after authorizing a transfer pursuant to
this
provision unless prior notification of the transfer has been included
in the
Medi-Cal estimates submitted pursuant to Section 14100.5 of the
Welfare and Institutions Code.
4. Notwithstanding any other provision of law, both the federal
and
nonfederal shares of any moneys recovered for previously paid drug
Medi-Cal program services provided pursuant to Chapter 7
(commencing with Section 14000) of Part 3 of Division 9 of the
Welfare
and Institutions Code are hereby appropriated and shall be expended
as
soon as practicable for drug Medi-Cal program services, as defined in
the Welfare and Institutions Code.
5. Of the combined amounts appropriated in Items 4200-102-0001 and
4200-103-0001, $1,104,000 General Fund, and corresponding
reimbursements, are for the purpose of augmenting Drug Medi-Cal rates
above the 2002-03 fiscal year rate level. The department shall
establish
increases in maximum reimbursement rates for Drug Medi-Cal services
in
the fiscal year to reflect the additional General Fund and
reimbursements
appropriated in this item.
6. By April 1, 2006, the Department of Alcohol and Drug Programs
shall
report to the Chairperson of the Joint Legislative Budget Committee
and
the chairpersons of the fiscal committees of both houses of the
Legislature
regarding the feasibility and advisability of modifying its system
for
reimbursement of methadone treatment services to account separately
for
the medication costs of methadone so that the state can obtain
Medicaid
prices and collect the rebates to which it is entitled from drug
manufacturers. Nothing in this provision shall preclude the
department
from acting sooner than this date to implement this action or
to take
alternative actions that, in its discretion, would reduce the cost to
the
Drug Medi-Cal program for methadone medication.
4200-104-0001--For local assistance, Department of Alcohol and
Drug
Programs, for perinatal substance abuse treatment programs . . .
23,457,000
Schedule:
(1) 15-Alcohol and Other Drug Services Program . . . 40,511,000
(2) Amount payable from the Federal Trust Fund (Item
4200-104-0890)
. . . -17,054,000
Provisions:
1. Upon approval by the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Items
4200-001-0001, 4200-101-0001, 4200-102-0001, and
4200-103-0001. In determining which transfers are necessary pursuant
to this provision, the director shall assess those programs and
operations
that have the most critical need. In making this assessment, the
director
shall consider such factors as caseload requirements, availability of
personnel to provide essential services, other funding sources, and
relevant information provided by affected state agencies.
2. Of the funds appropriated in this item, $6,408,000 shall be
used to
fund existing residential perinatal treatment programs that were
begun
through federal Center for Substance Abuse Treatment grants but whose
grants have since expired and currently are constituted as Women and
Children's Residential Treatment Services. For counties in which
there is
such a provider, the Department of Alcohol and Drug Programs shall
include language in those counties' allocation letters that indicates
the
amount of the allocation designated for the provider during the
fiscal year.
Pursuant to Section 11840.1 of the Health and Safety Code, the
treatment programs that were established through federal Center for
Substance Abuse Treatment grants are not subject to the county
10-percent match. All of the funds allocated for programs shall be
passed
through those counties directly to the designated nine residential
treatment
programs in each county, respectively.
3. Notwithstanding any specified amount in other provisions of
this item,
any general reduction in this item shall be made proportionately
between
the Women and Children's Residential Treatment Services and other
perinatal programs.
4200-104-0890--For support of Department of Alcohol and Drug
Programs, for payments to Item 4200-104-0001, payable from the
Federal Trust Fund . . . 17,054,000
4200-490--Reappropriation, Department of Alcohol and Drug
Programs. $200,000 of the appropriation provided in Item
4200-001-0367, Budget Act of 2004 (Ch. 208, Stats. 2004) is
reappropriated until June 30, 2006, for the creation of culturally
competent literature on problem gambling.
4260-001-0001--For support of Department of Health Services . . .
244,093,000
Schedule:
(1) 10-Public and Environmental Health . . . 313,379,000
(2) 20-Health Care Services . . . 615,395,000
(4) 30.01-Administration . . . 54,199,000
(5) 30.02-Distributed Administration . . . -51,776,000
(6) 97.20.001-Unallocated Reduction . . . -11,020,000
(7) Reimbursements . . . -38,509,000
(8) Amount payable from the Breast Cancer Research Account (Item
4260-001-0007) . . . -1,420,000
(9) Amount payable from the Breast Cancer Control Account (Item
4260-001-0009) . . . -8,560,000
(10) Amount payable from the Nuclear Planning Assessment Special
Account (Item 4260-001-0029) . . . -773,000
(11) Amount payable from the Motor Vehicle Account, State
Transportation Fund (Item 4260-001-0044) . . . -1,228,000
(12) Amount payable from the Sale of Tobacco to Minors Control
Account (Item 4260-001-0066) . . . -2,527,000
(13) Amount payable from the Occupational Lead Poisoning
Prevention
Account (Item 4260-001-0070) . . . -2,742,000
(14) Amount payable from the Medical Waste Management Fund (Item
4260-001-0074) . . . -1,294,000
(15) Amount payable from the Radiation Control Fund (Item
4260-001-0075) . . . -19,592,000
(16) Amount payable from the Tissue Bank License Fund (Item
4260-001-0076) . . . -280,000
(17) Amount payable from the Childhood Lead Poisoning Prevention
Fund (Item 4260-001-0080) . . . -8,981,000
(18) Amount payable from the Export Document Program Fund (Item
4260-001-0082) . . . -159,000
(19) Amount payable from the Clinical Laboratory Improvement Fund
(Item 4260-001-0098) . . . -4,165,000
(20) Amount payable from the Health Statistics Special Fund (Item
4260-001-0099) . . . -16,426,000
(21) Amount payable from the Wine Safety Fund (Item 4260-0010116)
. . . -55,000
(22) Amount payable from the Water Device Certification Special
Account (Item 4260-001-0129) . . . -204,000
(23) Amount payable from the Food Safety Fund (Item 4260-0010177)
. . . -4,360,000
(24) Amount payable from the Environmental Laboratory Improvement
Fund (Item 4260-0010179) . . . -3,010,000
(25) Amount payable from the Genetic Disease Testing Fund (Item
4260-001-0203) . . . -78,157,000
(26) Amount payable from the Health Education Account, Cigarette
and
Tobacco Products Surtax Fund (Item 4260-001-0231) . . . -6,648,000
(27) Amount payable from the Research Account, Cigarette and
Tobacco Products Surtax Fund (Item 4260-001-0234) . . . -5,213,000
(28) Amount payable from the Unallocated Account, Cigarette and
Tobacco Products Surtax Fund (Item 4260-001-0236) . . . -6,370,000
(29) Amount payable from the Drinking Water Operator Certification
Special Account (Item 4260-001-0247) . . . -1,287,000
(30) Amount payable from the Nursing Home Administrator's State
License Examining Fund (Item 4260-001-0260) . . . -484,000
(31) Amount payable from the Infant Botulism Treatment and
Prevention
Fund (Item 4260-001-0272) . . . -1,910,000
(32) Amount payable from the Safe Drinking Water Account (Item
4260-001-0306) . . . -8,914,000
(33) Amount payable from the Registered Environmental Health
Specialist Fund (Item 4260-001-0335) . . . -266,000
(34) Amount payable from the Mosquitoborne Disease Surveillance
Account (Item 4260-001-0478) . . . -43,000
(34.5) Amount payable from the Water System Reliability Account
(Item
4260-001-0626) . . . -400,000
(35) Amount payable from the Drinking Water Treatment and Research
Fund (Item 4260-001-0622) . . . -624,000
(36) Amount payable from the Domestic Violence Training and
Education Fund (Item 4260-001-0642) . . . -830,000
(37) Amount payable from the Emergency Services and Supplemental
Payments Fund (Item 4260-001-0693) . . . -2,160,000
(38) Amount payable from the California Alzheimer's Disease and
Related Disorders Research Fund (Item 4260-001-0823) . . . -863,000
(39) Amount payable from the Medi-Cal Inpatient Payment Adjustment
Fund (Item 4260-001-0834) . . . -1,152,000
(40) Amount payable from the Federal Trust Fund (Item
4260-0010890)
. . . -437,707,000
(41) Amount payable from the Drug and Device Safety Fund (Item
4260-001-3018) . . . -2,294,000
(42) Amount payable from the Medical Marijuana Program Fund (Item
4260-001-3074) . . . -1,181,000
(43) Amount payable from the Cannery Inspection Fund (Item
4260-001-3081) . . . -1,570,000
(43.5) Amount payable from the Mental Health Services Fund (Item
4260-001-3085) . . . -52,000
(44) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 4260-001-6031) . . .
-3,229,000
(45) Amount payable from the Asthma and Lung Disease Research Fund
(Item 4260-001-8003) . . . -188,000
(46) Amount payable from the Lupus Foundation of America Fund
(Item
4260-001-8006) . . . -257,000
Provisions:
1. Except as otherwise prohibited by law, the department shall
promulgate emergency regulations to adjust the public health fees set
by
regulation to an amount, such that if the new fees were effective
throughout the 2005-06 fiscal year, the esti-mated revenues would be
sufficient to offset at least 95 percent of the approved program
level
intended to be supported by those fees.
The General Fund fees of the State Department of Health Services
(DHS) that are subject to the annual fee adjustment pursuant to
subdivision (a) of Section 100425 of the Health and Safety Code
shall
be increased by 4.58 percent. The special fund fees of DHS that are
subject to the annual fee adjustment pursuant to subdivision (a) of
Section 100425 of the Health and Safety Code may be increased by
4.58 percent only if the fund condition statements project fund
reserves to
be less than 10 percent and the revenues projected for the 2005-06
fiscal
year are less than the appropriation contained in this act.
2. Effective July 1, 2005, the annual fee for a general acute care
hospital,
acute psychiatric hospital, special hospital, general acute care
rehabilitation hospital and chemical dependency recovery hospital
shall be
$98.91 per bed. Effective July 1, 2005, the annual fee for a skilled
nursing facility, intermediate care facility, or intermediate care
facility for
the developmentally disabled is $215.32 per bed.
The fees of the State Department of Health Services that are
subject to
the annual fee adjustment pursuant to subdivision (a) of Section
100445
of the Health and Safety Code shall be increased by 5.87 percent for
the
2005-06 fiscal year.
Notwithstanding subdivision (b) of Section 100450 of the Health
and
Safety Code, depart- mental fees that are subject to the annual fee
ad-justment pursuant to subdivision (a) of Section 100450 of the
Health
and Safety Code shall not be increased for the 2005-06 fiscal year.
3. The State Department of Health Services shall limit
expenditures in this
item to implement the Uniform Anatomical Gift Act (Chapter 819 of the
Statutes of 2000) to the amount of actual fees collected from tissue
banks.
4. $13,601,000 of the funds appropriated in this item are intended
to pay
the General Fund portion of annual rents for the Capitol East End
Office
Complex.
5. Effective February 1, 2004, the State Department of Health
Services
shall report semiannually in writing on the results of the additional
positions established under the 2003 Medi-Cal Anti-Fraud Initiative
to
the chairperson of the committee in each house that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee. The report shall include the results of the most recently
completed error rate study and random claim sampling process, the
number of positions filled by division, and, for each of the
components of
the initiative, the amount of savings and cost avoidance achieved and
estimated, the number of providers sanctioned, and the number of
claims
and beneficiary records reviewed.
6. Of the funds appropriated for new information technology
projects,
including, but not limited to, the provider enrollment automation
project,
no funds may be expended on a project prior to approval of a
feasibility
study report concerning that project by the Director of Finance. The
State Department of Health Services shall notify the fiscal
committees of
both houses of the Legislature that a feasibility study report has
been
approved for a project within 30 days of the report's approval by
the
Director of Finance, and shall include with the notification a copy
of the
approved feasibility study report that reflects the Director of
Finance's
changes.
Prior to the expenditure of funds appropriated in this item for
the
provider enrollment automation project, the State Department of
Health
Services shall obtain approval from the Director of Finance of a
feasibility
study report covering the complete provider enrollment automated
system
that the department intends to implement.
The State Department of Health Services shall report back to the
budget committees of both houses of the Legislature during budget
hearings regarding the status of the provider enrollment backlog and
the
streamlining of provider enrollment processes.
7. The State Department of Health Services shall develop a
comprehensive strategic plan that assesses California's current
programs
and efforts in obesity prevention, identifies core gaps or concerns,
identifies best practices, and makes recommendations for improvement.
The department shall provide the strategic plan to the Legislature
when it
is completed, but no later than June 30, 2006.
8. In response to the public health implications of the West Nile
Virus,
and in order to expedite the implementation of mosquito control
efforts
funded by up to $2 million appropriated in this item, the department
is
exempt from competitive bidding requirements, and from the
requirements of Part 2 (commencing with Section 10100) of Division 2
of
the Public Contract Code for purposes of making, receiving, and
entering
into contracts and interagency agreements.
9. The State Department of Health Services shall provide to the
appropriate fiscal and policy committees of the Legislature the
quantitative analysis and key data results obtained from the rate
study
being conducted by an independent contractor. The information shall
be
provided on a flow basis, when applicable, and no later than March 1,
2006. No proprietary or confidential information is required by this
provision.
10. The State Department of Health Services shall utilize at least
two
positions, as authorized by the Legislature, for processing
applications for
the Program for All-Inclusive Care for the Elderly (PACE) in order to
expedite implementation of these cost-beneficial services for the
elderly.
11. Of the amount appropriated in this item, $3,000,000 shall be
used for
the IMPACT Program to provide health care services for low-income
men with prostate cancer. The State Department of Health Services
shall
commence enrolling new enrollees as of July 1, 2005. The State
Department of Health Services shall require of the contractor that
expenditures for direct patient care shall at least equal 80 percent
of the
program funding. The State Department of Health Services may seek
other structural changes to the IMPACT Program as deemed warranted
by the State Department of Health Services to operate an efficient
and
effective program for men with prostate cancer.
4260-001-0007--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Breast Cancer
Research Account . . . 1,420,000
4260-001-0009--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Breast Cancer
Control Account . . . 8,560,000
4260-001-0029--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Nuclear Planning
Assessment Special Account . . . 773,000
4260-001-0044--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Motor Vehicle
Account, State Transportation Fund . . . 1,228,000
4260-001-0066--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Sale of Tobacco to
Minors Control Account . . . 2,527,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in
Government Code Section 13332.18.
4260-001-0070--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Occupational Lead
Poisoning Prevention Account . . . 2,742,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
4260-001-0074--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Medical Waste
Management Fund . . . 1,294,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
4260-001-0075--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Radiation Control
Fund . . . 19,592,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
4260-001-0076--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Tissue Bank License
Fund . . . 280,000
4260-001-0080--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Childhood Lead
Poisoning Prevention Fund . . . 8,981,000
4260-001-0082--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Export Document
Program Fund . . . 159,000
4260-001-0098--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Clinical Laboratory
Improvement Fund . . . 4,165,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
4260-001-0099--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Health Statistics
Special Fund . . . 16,426,000
4260-001-0116--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Wine Safety Fund . .
. 55,000
4260-001-0129--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Water Device
Certification Special Account . . . 204,000
4260-001-0177--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Food Safety Fund . .
. 4,360,000
4260-001-0179--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Environmental
Laboratory Improvement Fund . . . 3,010,000
4260-001-0203--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Genetic Disease
Testing Fund . . . 78,157,000
Provisions:
1. On a quarterly basis, the Department of Health Services shall
report to
the chairperson of the budget committees in each house of the
Legislature
and the Chairperson of the Joint Legislative Budget Committee
regarding
the monthly status and oversight reports for the Genetic Disease
Branch
Screening Information System.
2. The Department of Health Services shall report to the Joint
Legislative
Budget Committee by September 30, 2005, regarding the impact of
restructuring its fee collection and customer service functions
within the
Genetic Disease Branch. This restructuring effort is necessary to
ensure
that fee collection and customer service have a separate and distinct
focus
and provide proper separation of accounting and cashiering duties as
recommended in the 1997 Bureau of State Audits report regarding these
activities.
4260-001-0231--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Health Education
Account, Cigarette and Tobacco Products Surtax Fund . . . 6,648,000
4260-001-0234--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Research Account,
Cigarette and Tobacco Products Surtax Fund . . . 5,213,000
4260-001-0236--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Unallocated
Account, Cigarette and Tobacco Products Surtax Fund . . . 6,370,000
4260-001-0247--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Drinking Water
Operator Certification Special Account . . . 1,287,000
4260-001-0260--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Nursing Home
Administrator's State License Examining Fund. . . . 484,000
4260-001-0272--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Infant Botulism
Treatment and Prevention Fund . . . 1,910,000
4260-001-0306--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Safe Drinking Water
Account . . . 8,914,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
4260-001-0335--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Registered
Environmental Health Specialist Fund . . . 266,000
4260-001-0478--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Vectorborne
Disease Account . . . 43,000
4260-001-0622--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Drinking Water
Treatment and Research Fund . . . 624,000
4260-001-0626--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Water System
Reliability Account . . . 400,000
Provisions:
1. Of the amount appropriated in this item, up to $400,000 shall
be used
for an interagency agreement to conduct work related to small
drinking
water systems. The funds shall not be used for any other purpose.
4260-001-0642--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Domestic Violence
Training and Education Fund . . . 830,000
4260-001-0693--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Emergency Services
and Supplemental Payments Fund . . . 2,160,000
Provisions:
1. To the extent that moneys available in the Emergency Services
and
Supplemental Payments Fund are less than the amount appropriated in
this item, this appropriation shall be limited to that lesser amount.
2. Notwithstanding any other provision of law, if revenues to the
Emergency Services and Supplemental Payments Fund are sufficient to
create additional allocation workload, the Director of Finance may
authorize expenditures for the Department of Health Services in
excess of
the amount appropriated not sooner than 30 days after notification
in
writing of the necessity therefor is provided to the chairpersons of
the
fiscal committees in each house and the Chairperson of the Joint
Legislative Budget Committee, or not sooner than whatever lesser time
the chairperson of the committee, or his or her designee, may in each
instance determine.
4260-001-0823--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the California
Alzheimer's Disease and Related Disorders Research Fund . . . 863,000
4260-001-0834--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Medi-Cal Inpatient
Payment Adjustment Fund . . . 1,152,000
4260-001-0890--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Federal Trust Fund .
. . 437,707,000
Provisions:
1. Of the funds appropriated in this item, $59,023,000 shall be
available
for administration, research, and training projects. Notwithstanding
Section 28.00 of this act, the State Department of Health Services
shall
report under that section any new project over $200,000 or any
increase
in excess of $400,000 for an identified project.
2. $12,276,000 of the funds appropriated in this item are intended
to pay
the federal fund portion of annual rents for the Capitol East End
Office
Complex.
3. The Department of Finance may authorize the transfer of amounts
from
this item to Item 4260-111-0890 in order to reflect modifications in
the
use of federal bioterrorism grants. The funds may not be approved
sooner than 30 days after notification in writing of the necessity
therefor is
provided to the chairperson of the committee in each house of the
Legislature that considers appropriations and the Chairperson of the
Joint
Legislative Budget Committee, or no sooner than whatever lesser time
the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, may in each instance determine.
4. Notwithstanding any other provision of law, moneys made
available for
the federal Bioterrorism Hospital Preparedness Program pursuant to
this
act shall be available for expenditure and encumbrance until August
30,
2006.
5. The Department of Health Services shall notify the fiscal and
relevant
policy committees of the Legislature in a timely manner regarding the
federal government's approval of the state's application for
cooperative
agreement for funding from the federal Centers for Disease Control
and
Prevention's Public Health Preparedness and Response to Bioterrorism
Program. The notification shall include a summary of all policy and
fiscal
changes made by the federal government to the state's application. If
additional changes are made throughout the fiscal year, the
Department of
Health Services shall notify the fiscal and relevant policy
committees of
the Legislature in a similar manner.
6. The Department of Health Services shall provide information to
the
Bureau of State Audits to enable it to conduct a fiscal review of the
department's bioterrorism preparedness grant funding as received from
the federal government, including grant funds from the federal
Centers for
Disease Control and Prevention, and the Health Resources and Services
Administration.
7. The Office of Homeland Security, in collaboration with the
Department
of Health Services, shall provide to the Chairperson of the Joint
Legislative Budget Committee, and the chairperson of the budget and
policy committees of each house of the Legislature on or before
February
1, 2006, a statewide strategic plan for the use of federal homeland
security and bioterrorism funds by all departments and local
jurisdictions.
The plan shall include goals and objectives for
improving the state's level
of preparedness for a terrorism event, based on an assessment of the
state's level of preparedness and reflecting a coordination of
preparedness activities at the state and local level. It is not the
intent of
the Legislature to require the Office of Homeland Security or the
Department of Health Services to disclose or include sensitive or
classified information in the strategic plan.
4260-001-3018--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Drug and Device
Safety Fund . . . 2,294,000
4260-001-3074--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Medical Marijuana
Program Fund . . . 1,181,000
4260-001-3081--For support of the Department of Health Services,
for
payment to Item 4260-001-0001, payable from the Cannery Inspection
Fund . . . 1,570,000
4260-001-3085--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Mental Health
Services Fund . . . 52,000
Provisions:
1. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appropriated for administration pursuant to
subdivision (d) of Section 5892 of the Welfare and Institutions Code.
4260-001-6031--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Water Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 . . .
3,229,000
Provisions:
1. The funds available in this item are intended to provide
support costs
pursuant to the Water Security, Clean Drinking Water, Coastal and
Beach Protection Act of 2002 (Proposition 50), associated with
statewide water security improvements and the provision of safe
drinking
water grants and loans to local water agencies.
4260-001-8003--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Asthma and Lung
Disease Research Fund . . . 188,000
4260-001-8006--For support of Department of Health Services, for
payment to Item 4260-001-0001, payable from the Lupus Foundation of
America, California Chapters Fund . . . 257,000
4260-002-0942--For support of Department of Health Services,
payable from the Special Deposit Fund, Health Facilities Citation
Penalties Account . . . 5,012,000
4260-003-0001--For support of Department of Health Services, for
rental payments on lease-revenue bonds (Richmond Laboratory) . . .
10,288,000
Schedule:
(1) Base Rental and Fees . . . 10,244,000
(2) Insurance . . . 44,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
4260-003-0044--For support of Department of Health Services, for
rental payments on lease-revenue bonds, payable from the Motor
Vehicle
Account, State Transportation Fund . . . 477,000
Schedule:
(1) Base Rental and Fees . . . 475,000
(2) Insurance . . . 2,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Section 4.30 that
are
not currently reflected. Any adjustments to this item shall be
reported to
the Joint Legislative Budget Committee pursuant to Section 4.30.
4260-003-0080--For support of Department of Health Services, for
rental payments on lease-revenue bonds, payable from the Childhood
Lead Poisoning Prevention Fund . . . 301,000
Schedule:
(1) Base Rental and Fees . . . 300,000
(2) Insurance . . . 1,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
4260-003-0098--For support of Department of Health Services, for
rental payments on lease-revenue bonds, payable from the Clinical
Laboratory Improvement Fund . . . 125,000
Schedule:
(1) Base Rental and Fees . . . 125,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
4260-003-0179--For support of Department of Health Services, for
rental payments on lease-revenue bonds, payable from the
Environmental
Laboratory Improvement Fund . . . 6,000
Schedule:
(1) Base Rental and Fees . . . 6,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
4260-003-0203--For support of Department of Health Services, for
rental payments on lease-revenue bonds, payable from the Genetic
Disease Testing Fund . . . 3,618,000
Schedule:
(1) Base Rental and Fees . . . 3,604,000
(2) Insurance . . . 14,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
4260-003-0890--For support of Department of Health Services, for
rental payments on lease-revenue bonds, payable from the Federal
Trust
Fund . . . 74,000
Schedule:
(1) Base Rental and Fees . . . 74,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
4260-003-0942--For support of Department of Health Services,
payable from the Special Deposit Fund, Federal Citation Penalties
Account . . . 935,000
4260-004-0942--For support of Department of Health Services,
payable from the Special Deposit Fund, Local Education Agency
Medi-Cal Recovery Account . . . 1,542,000
4260-007-0890--For support of Department of Health Services,
payable from the Federal Trust Fund . . . 16,306,000
Provisions:
1. Notwithstanding Section 28.00 of this act, adjustments may be
made
to align the federal funds for legislative actions and other
technical
adjustments affecting the recipient department's appropriation
authority.
4260-011-0099--For transfer by the Controller, upon order of the
Director of Finance, from the Health Statistics Special Fund to the
Medical Marijuana Program Fund . . . (517,000)
Provisions:
1. Notwithstanding any other provision of law, this loan shall be
repaid no
later than June 30, 2008, with interest calculated at the rate earned
by the
Pooled Money Investment Account at the time of the transfer.
4260-011-0233--For transfer by the Controller, upon order of the
Director of Finance, from the Physician Services Account, Cigarette
and
Tobacco Products Surtax Fund to the Medically Underserved Account,
Contingent Fund of the Medical Board of California . . . (2,000,000)
4260-011-0236--For transfer by the Controller, upon order of the
Director of Finance, from the Unallocated Account, Cigarette and
Tobacco Products Surtax Fund to the Medically Underserved Account,
Contingent Fund of the Medical Board of California . . . (1,000,000)
4260-011-3020--For transfer by the Controller, from the Tobacco
Settlement Fund, to the General Fund . . . (12,000,000)
4260-017-0001--For support of Department of Health Services, for
implementation of the Health Insurance Portability and Accountability
Act
. . . 4,591,000
Schedule:
(1) 20-Health Care Services . . . 15,394,000
(2) 97.20.001-Unallocated Reduction . . . -239,000
(3) Amount payable from the Genetic Disease Testing Fund (Item
4260-017-0203) . . . -508,000
(4) Amount payable from Federal Trust Fund (Item 4260-017-0890) .
. .
-10,056,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified
in Control Section 17.00. These funds are to be used in support of
compliance activities related to the federal Health Insurance
Portability
and Accountability Act (HIPAA) of 1996.
4260-017-0203--For support of Department of Health Services, for
payment to Item 4260-017-0001, payable from the Genetic Disease
Testing Fund, for implementation of the Health Insurance Portability
and
Accountability Act . . . 508,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified
in Control Section 17.00. These funds are to be used in support of
compliance activities related to the federal Health Insurance
Portability
and Accountability Act (HIPAA) of 1996.
4260-017-0890--For support of Department of Health Services, for
payment to Item 4260-017-0001, payable from the Federal Trust Fund,
for implementation of the Health Insurance Portability and
Accountability
Act . . . 10,056,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified
in Control Section 17.00. These funds are to be used in support of
compliance activities related to the federal Health Insurance
Portability
and Accountability Act (HIPAA) of 1996.
4260-101-0001--For local assistance, Department of Health
Services,
Medical Assistance Program, payable from the Health Care Deposit
Fund (0912) after transfer from the General Fund . . . 12,670,181,000
Schedule:
(1) 20.10.010-Eligibility (County Administration) . . .
2,309,421,000
(2) 20.10.020-Fiscal Intermediary Management . . . 284,853,000
(3) 20.10.030-Benefits (Medical Care and Services) . . .
29,401,653,000
(4) Reimbursements . . . -11,845,000
(5) Amount payable from Childhood Lead Poisoning Prevention Fund
(Item 4260-101-0080) . . . -250,000
(6) Amount payable from the Hospital Services Account, Cigarette
and
Tobacco Products Surtax Fund (Item 4260-101-0232) . . . -5,823,000
(7) Amount payable from the Physicians Services Account, Cigarette
and
Tobacco Products Surtax Fund (Item 4260-101-0233) . . . 0
(8) Amount payable from the Unallocated Account, Cigarette and
Tobacco Products Surtax Fund (Item 4260-101-0236) . . . -20,008,000
(9) Amount payable from the Federal Trust Fund (Item 4260-101
0890) . . . -19,282,571,000
(10) Amount payable from Federal Trust Fund (Item 4260-103-0890) .
.
. -5,249,000
Provisions:
1. The aggregate principal amount of disproportionate share
hospital
general obligation debt that may be issued in the 2005-06 fiscal year
pursuant to subparagraph (A) of paragraph (2) of subdivision (f) of
Section 14085.5 of the Welfare and Institutions Code shall be $0.
2. Notwithstanding any other provision of law, both the federal
and
nonfederal shares of any moneys recovered for previously paid health
care services, provided pursuant to Chapter 7 (commencing with
Section
14000) of Part 3 of Division 9 of the Welfare and Institutions Code,
are
hereby appropriated and shall be expended as soon as practicable for
medical care and services as defined in the Welfare and Institutions
Code.
3. Notwithstanding any other provision of law, accounts receivable
for
recoveries as described in Provision 2 shall have no effect upon the
positive balance of the General Fund or the Health Care Deposit Fund.
Notwithstanding any other provision of law, moneys recovered as
described in this item that are required to be transferred from the
Health
Care Deposit Fund to the General Fund shall be credited by the
Controller to the General Fund without regard to the appropriation
from
which it was drawn.
4. Without regard to fiscal year, the General Fund shall make one
or
more loans available not to exceed a cumulative total of $45,000,000
to
be transferred as needed to the Health Care Deposit Fund to meet cash
needs. The loans are subject to the repayment provisions of Section
16351 of the Government Code. Any additional loan requirement in
excess of $45,000,000 shall be processed in the manner prescribed by
Section 16351 of the Government Code.
5. Notwithstanding any other provision of law, the Director of
Health
Services may give public notice relative to proposing or amending any
rule or regulation that could result in increased costs in the
Medi-Cal
program only after approval by the Department of Finance; and any
rule
or regulation adopted by the Director of Health Services and any
communication that revises the Medi-Cal program shall be effective
only
from and after the date upon which it is approved by the Department
of
Finance.
6. Of the funds appropriated in this item, up to $50,000 may be
allocated
for attorney's fees awarded pursuant to state or federal law without
prior
notification to the Legislature. Individual settlements authorized
under this
language shall not exceed $5,000. The semiannual estimates of
Medi-Cal
expenditures due to the Legislature in January and May shall reflect
attorney's fees paid 15 or more days prior to the transmittal of the
estimate.
7. Change orders to the medical or the dental fiscal intermediary
contract
for amounts exceeding a total cost of $250,000 shall be approved by
the
Director of Finance not sooner than 30 days after written
notification of
the change order is provided to the chairpersons of the fiscal and
policy
committees in each house and to the Chairperson of the Joint
Legislative
Budget Committee or not sooner than such lesser time as the
Chairperson
of the Joint Legislative Budget Committee, or his or her designee,
may
designate. The semiannual estimates of Medi-Cal expenditures due to
the
Legislature in January and May may constitute the notification
required by
this provision.
8. Recoveries of advances made to counties in prior years pursuant
to
Section 14153 of the Welfare and Institutions Code are reappropriated
to the Health Care Deposit Fund for reimbursement of those counties
where allowable costs exceeded the amounts advanced. Recoveries in
excess of the amounts required to fully reimburse allowable costs
shall be
transferred to the General Fund. When a projected deficiency exists
in
the Medical Assistance Program, these funds, subject to notification
to
the Chairperson of the Joint Legislative Budget Committee, are
appropriated and shall be expended as soon as practicable for the
state's
share of payments for medical care and services, county
administration,
and fiscal intermediary services.
9. The Department of Finance may transfer funds representing all
or any
portion of any estimated savings that are a result of improvements in
the
Medi-Cal claims processing procedures from the Medi-Cal services
budget or the support budget of the State Department of Health
Services
(Item 4260-001-0001) to the fiscal intermediary budget item for
purposes of making improvements to the Medi-Cal claims system.
10. Notwithstanding any other provision of law, the Department of
Finance may authorize transfer of expenditure authority between
Schedules (1), (2), (3), and (4) of this item and between this item
and
Items 4260-102-0001 and 4260-113-0001 in order to effectively
administer the Medi-Cal program.
The Director of Finance shall notify the Legislature within 10
days of
authorizing such a transfer unless prior notification of the transfer
has
been included in the Medi-Cal estimates submitted pursuant to Section
14100.5 of the Welfare and Institutions Code.
11. The Department of Health Services shall report in writing to
the
Chairperson of the Joint Legislative Budget Committee on the
anticipated
im-pact to local educational agencies of any Medicaid State Plan
Amendments that may be submitted to the federal Centers for Medicare
and Medicaid Services and would affect local educational agencies
that
serve as Medi-Cal service providers under an interagency agreement
with
the Department of Education.
12. The Department of Health Services shall pursue a federal law
change
to enable all county organized health systems to participate in the
quality
improvement assessment fee on Medi-Cal managed care plans.
13. Notwithstanding any other provision of law, the Department of
Health
Services may use up to $1,300,000 to implement and conduct activities
associated with long-term care integration, including support to
local
organizing groups for the purpose of completing activities to allow
for the
implementation of the integration initiatives.
14. It is the intent of the Legislature that funding appropriated
to the State
Department of Health Services for the Medi-Cal program shall be
expended for purposes that are consistent with the assumptions and
estimates as defined in Section 14100.5 of the Welfare and
Institutions
Code. Any change in the assumptions and estimates for the Medi-Cal
program, as defined in Section 14100.5 of the Welfare and
Institutions
Code, that result in an expenditure that is inconsistent with the
purposes
for which the Legislature appropriated the funding shall not be
authorized
by the Director of Finance any sooner than 30 days after written
notification of the necessity therefor is provided to the
chairpersons of the
fiscal committees in each house of the Legislature, and the
Chairperson
of the Joint Legislative Budget Committee.
15. Upon completion of the CA-MMIS assessment, the State
Department of Health Services shall provide a copy of the assessment
to
the Joint Legislative Budget Committee.
16. Of the amount appropriated in this item, $898,000 shall be
directed
from the long-term care integration pilot project set forth in
Article 4.3
(commencing with Section 14139.05) of Chapter 7 of Part 3 of Division
9 of the Welfare and Institutions Code, and made available to the
Director of Health Services for use by local entities implementing
Acute
and Long Term Care Integration Projects and shall be available only
for
reimbursable start-up costs approved by the director.
17. When the State Department of Health Services has completed its
business-based justification of the Drug Rebate Accounting
Information
System equipment refresh, it shall provide a copy to the Chairperson
of
the Joint Legislative Budget Committee.
4260-101-0080--For local assistance, Department of Health
Services,
for payment to Item 4260-101-0001, payable from the Childhood Lead
Poisoning Prevention Fund . . . 250,000
4260-101-0232--For local assistance, Department of Health
Services,
for payment to Item 4260-101-0001, payable from the Hospital Services
Account, Cigarette and Tobacco Products Surtax Fund . . . 5,823,000
4260-101-0236--For local assistance, Department of Health
Services,
for payment to Item 4260-101-0001, payable from the Unallocated
Services Account, Cigarette and Tobacco Products Surtax Fund . . .
20,008,000
4260-101-0693--Notwithstanding any other provision of law, moneys
available in the Emergency Services and Supplemental Payments Fund,
after the appropriation made by Item 4260-001-0693 of this act, are
appropriated to the Department of Health Services for expenditure for
local assistance for the purposes specified in Section 14085.6 of the
Welfare and Institutions Code.
4260-101-0890--For local assistance, Department of Health
Services,
for payment to Item 4260-101-0001, payable from the Federal Trust
Fund . . . 19,282,571,000
Provisions:
1. Any of the provisions in Item 4260-101-0001 that are relevant
to this
item also apply to this item.
4260-102-0001--For local assistance, Department of Health
Services,
Program 20.10.030-Benefits (Medical Care and Services), for
supplemental reimbursement for debt service pursuant to Section
14085.5 of the Welfare and Institutions Code . . . 95,882,000
Provisions:
1. Notwithstanding any other provision of law, the Department of
Finance
may authorize transfer of expenditure authority between this item and
Items 4260-101-0001 and 4260-113-0001 in order to effectively
administer the Medi-Cal program.
The Director of Finance shall notify the Legislature within 10
days of
authorizing such a transfer unless prior notification of the transfer
has been
included in the Medi-Cal estimates submitted pursuant to Section
14100.5 of the Welfare and Institutions Code.
4260-102-0890--For local assistance, Department of Health
Services,
Program 20.10.030-Benefits (Medical Care and Services), payable
from the Federal Trust Fund, for supplemental reimbursement for debt
service pursuant to Section 14085.5 of the Welfare and Institutions
Code
. . . 95,882,000
Provisions:
1. Any of the provisions in Item 4260-102-0001 that are relevant
to this
item also apply to this item.
4260-103-0890--For local assistance, for refugee services,
Department
of Health Services, for payment to Item 4260-101-0001, payable from
the Federal Trust Fund . . . 5,249,000
Provisions:
1. Any of the provisions in Item 4260-101-0001 that are relevant
to this
item also apply to this item.
4260-111-0001--For local assistance, Department of Health Services
. .
. 415,841,000
Schedule:
(1) 10.10.010-Vital Records Improvement Project . . . 510,000
(2) 10.20.010-Environmental Management . . . 73,224,000
(3) 10.20.040-Drinking Water . . . 95,388,000
(4) 10.30.030-Childhood Lead Poisoning Prevention . . . 11,000,000
(5) 10.30.040-Chronic Diseases . . . 177,318,000
(6) 10.30.050-Communicable Disease Control . . . 76,220,000
(7) 10.30.060-AIDS . . . 297,066,000
(8) 20.30-County Health Services . . . 76,405,000
(9) 20.40-Primary Care and Family Health . . . 1,528,184,000
(10) Reimbursements . . . -104,018,000
(11) Amount payable from the Breast Cancer Control Account (Item
4260-111-0009) . . . -8,086,000
(12) Amount payable from the Childhood Lead Poisoning Prevention
Fund (Item 4260-111-0080) . . . -11,102,000
(13) Amount payable from the Health Statistics Special Fund (Item
4260-111-0099) . . . -510,000
(14) Amount payable from the California Health Data and Planning
Fund
(Item 4260-111-0143) . . . -200,000
(15) Amount payable from the Health Education Account, Cigarette
and
Tobacco Products Surtax Fund (Item 4260-111-0231) . . . -49,954,000
(16) Amount payable from the Hospital Services Account, Cigarette
and
Tobacco Products Surtax Fund (Item 4260-111-0232) . . . -58,080,000
(17) Amount payable from the Physicians Services Account,
Cigarette
and Tobacco Products Surtax Fund (Item 4260-111-0233) . . .
-15,399,000
(18) Amount payable from the Unallocated Account, Cigarette and
Tobacco Products Surtax Fund (Item 4260-111-0236) . . . -43,276,000
(19) Amount payable from the Child Health and Safety Fund (Item
4260-111-0279) . . . -683,000
(20) Amount payable from the Drinking Water Treatment and Research
Fund (Item 4260-111-0622) . . . -4,374,000
(21) Amount payable from the Domestic Violence Training and
Education Fund (Item 4260-111-0642) . . . -235,000
(22) Amount payable from the Federal Trust Fund (Item
4260-1110890)
. . . -1,269,855,000
(23) Amount payable from the Special Deposit Fund, Nine West
Settlement Account (Item 4260-111-0942) . . . -350,000
(24) Amount payable from the WIC Manufacturer Rebate Fund (Item
4260-111-3023) . . . -262,401,000
(25) Amount payable from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002 (Item 4260-111-6031) . . .
-90,951,000
Provisions:
1. Program 10.30.060-AIDS: The Office of AIDS in the State
Department of Health Services, in allocating and processing contracts
and
grants, shall comply with the same requirements that are established
for
contracts and grants for other public health programs. The contracts
or
grants administered by the Office of AIDS shall be exempt from the
Public Contract Code and shall be exempt from approval by the
Department of General Services prior to their execution.
2. Program 20.40-Primary Care and Family Health: Counties may
retain
50 percent of total enrollment and assessment fees that are collected
by
the counties for the CCS Program. Fifty percent of the
enrollment and
assessment fee for each county shall be offset from the state's match
for
that county.
4. Of the amount appropriated in this item, up to $1,100,000 shall
be
used to address the needs of nontraditional users of domestic shelter
services, as identified by the State Department of Health Services in
its
recent survey. The State Department of Health Services shall expedite
a
Request for Proposal process to allocate these funds. The Request for
Proposal shall be released by the State Department of Health Services
no
later than October 1, 2005. If the Request for Proposal is not
released by
October 1, 2005, then an interagency agreement process may be used.
It
is the intent of the Legislature that these funds be allocated as
quickly as
possible in order to address the needs of nontraditional users of
domestic
shelter services.
5. (a) Of the amount appropriated in this item, the department
shall, at the
discretion of the director, allocate $10,000,000 to local mosquito
and
vector control agencies or other governmental entities, or contract
with
other entities to supplement resources for local mosquito control
efforts to
mitigate the threat of West Nile Virus transmission. In allocating
these
funds, the director shall first address high priority areas and "hot
spots,"
based on epidemiological studies and related information to mitigate
the
spread of the disease.
(b) In response to the public health implications of the West Nile
Virus,
and in order to expedite the implementation of mosquito control
efforts
funded by no more than $10,000,000 appropriated in this item, the
department may make and receive grants and enter into contracts and
interagency agreements. The department shall be exempt from
competitive bidding requirements and shall be exempt from the
requirements of Part 2 (commencing with Section 10100) of Division 2
of
the Public Contract Code.
6. Of the amount appropriated in this item, up to $5,639,000 shall
be
used to augment the State Department of Health Services, Office of
AIDS, budget to allow for HIV education and prevention funding for
local health jurisdictions to be reinstated to the funding level of
the
2001-02 fiscal year and those local health jurisdictions that are
currently
funded at a level higher than the 2001-02 fiscal year shall be held
harmless.
4260-111-0009--For local assistance, Department of Health
Services,
for payment to Item 4260-111-0001, payable from the Breast Cancer
Control Account . . . 8,086,000
4260-111-0080--For local assistance, Department of Health
Services,
for payment to Item 4260-111-0001, payable from the Childhood Lead
Poisoning Prevention Fund . . . 11,102,000
4260-111-0099--For local assistance, Department of Health
Services,
for payment to Item 4260-111-0001, payable from the Health Statistics
Special Fund . . . 510,000
4260-111-0143--For local assistance, Department of Health
Services,
for payment to Item 4260-111-0001, payable from the California Health
Data and Planning Fund . . . 200,000
4260-111-0231--For local assistance, Department of Health
Services,
for payment to Item 4260-111-0001, payable from the Health Education
Account, Cigarette and Tobacco Products Surtax Fund . . . 49,954,000
4260-111-0232--For local assistance, Department of Health
Services,
for payment to Item 4260-111-0001, payable from the Hospital Services
Account, Cigarette and Tobacco Products Surtax Fund . . . 58,080,000
4260-111-0233--For local assistance, Department of Health
Services,
for payment to Item 4260-111-0001, payable from the Physician
Services Account, Cigarette and Tobacco Products Surtax Fund . . .
15,399,000
4260-111-0236--For local assistance, Department of Health
Services,
for payment to Item 4260-111-0001, payable from the Unallocated
Account, Cigarette and Tobacco Products Surtax Fund . . . 43,276,000
4260-111-0279--For local assistance, Department of Health
Services,
for payment to Item 4260-111-0001, payable from the Child Health and
Safety Fund . . . 683,000
4260-111-0622--For local assistance, Department of Health
Services,
for payment to Item 4260-111-0001, payable from the Drinking Water
Treatment and Research Fund . . . 4,374,000
4260-111-0642--For local assistance, Department of Health
Services,
for payment to Item 4260-111-0001, payable from the Domestic
Violence Training and Education Fund . . . 235,000
4260-111-0890--For local assistance, Department of Health
Services,
for payment to Item 4260-111-0001, payable from the Federal Trust
Fund . . . 1,269,855,000
Provisions:
1. Of the funds appropriated in this item, $60,809,000 shall be
available
for administration, research, and training projects. Notwithstanding
the
provisions of Section 28.00 of this act, the State Department of
Health
Services shall report under that section any new project over
$200,000
or any increase in excess of $400,000 for an identified project.
2. Notwithstanding any other provision of law, moneys made
available for
the federal Bioterrorism Hospital Preparedness Program pursuant to
this
act shall be available for expenditure and encumbrance until August
30,
2006.
4260-111-0942--For local assistance, Department of Health
Services,
for payment to Item 4260-111-0001, payable from the Special Deposit
Fund, Nine West Settlement Account . . . 350,000
4260-111-3023--For local assistance, State Department of Health
Services, for payment to Item 4260-111-0001, payable from the WIC
Manufacturer Rebate Fund . . . 262,401,000
4260-111-6031--For local assistance, State Department of Health
Services, for payment to Item 4260-111-0001, payable from the Water
Security, Clean Drinking Water, Coastal and Beach Protection Fund of
2002 . . . 90,951,000
4260-113-0001--For local assistance, Department of Health
Services,
for the Healthy Families Program (Medi-Cal) . . . 217,275,000
Schedule:
(1) 20.10.010-Eligibility (County Administration) . . . 4,369,000
(2) 20.10.020-Fiscal Intermediary Management . . . 262,000
(3) 20.10.030-Benefits (Medical Care and Services) . . .
570,454,000
(4) Amount payable from the Federal Trust Fund (Item 4260-1130890)
.
. . -357,810,000
Provisions:
1. Notwithstanding any other provision of law, the Department of
Finance
may authorize transfer of expenditure authority between Schedules
(1),
(2), and (3) of this item and between this item and Items
4260-101-0001 and 4260-102-0001 in order to effectively administer
the Medi-Cal program.
The Director of Finance shall notify the Legislature within 10
days of
authorizing such a trans- fer unless prior notification of the
transfer has
been included in the Medi-Cal estimates submitted pursuant to Section
14100.5 of the Welfare and Institutions Code.
4260-113-0890--For local assistance, Department of Health
Services,
for payment to Item 4260-113-0001, payable from the Federal Trust
Fund . . . 357,810,000
Provisions:
1. Any of the provisions in Item 4260-113-0001 that are relevant
to this
item also apply to this item.
4260-115-0890--For transfer by the Controller from the Federal
Trust
Fund to the Safe Drinking Water State Revolving Loan Fund . . .
85,000,000
4260-115-6031--For transfer by the Controller from the Water
Security,
Clean Drinking Water, Coastal and Beach Protection Fund of 2002 to
the Safe Drinking Water State Revolving Loan Fund . . . 17,000,000
4260-117-0001--For local assistance, Department of Health
Services,
for implementation of the Health Insurance Portability and
Accountability
Act . . . 5,280,000
Schedule:
(1) 20.10.010-Eligibility (County Administration) . . . 5,663,000
(2) 20.10.020-Fiscal Intermediary Management . . . 36,949,000
(3) 20.10.030-Benefits (Medical Care and Services) . . . 0
(4) Amount payable from the Federal Trust Fund (Item
4260-117-0890)
. . . -37,332,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified
in Section 17.00 of this act. These funds are to be used in support
of
compliance activities related to the federal Health Insurance
Portability
and Accountability Act (HIPAA) of 1996.
2. Notwithstanding subdivision (a) of Section 2.00 and Section
26.00 of
this act, the Department of Finance may authorize transfer of
expenditure
au-thority between Schedules (1) and (2). The Director of Finance
shall
notify the Legislature within 10 days of authorizing such a transfer
unless
prior notification of the transfer has been included in the Medi-Cal
estimates submitted pursuant to Section 14100.5 of the Welfare and
Institutions Code.
4260-117-0890--For local assistance, Department of Health
Services,
for payment to Item 4260-117-0001, payable from the Federal Trust
Fund, for implementation of the Health Insurance Portability and
Accountability Act . . . 37,332,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified
in Control Section 17.00. These funds are to be used in support of
compliance activities related to the federal Health Insurance
Portability
and Accountability Act (HIPAA) of 1996.
2. Any of the provisions in Item 4260-117-0001 that are relevant
to this
item also apply to this item.
4260-301-0890--For capital outlay, Department of Health Services,
payable from the Federal Trust Fund . . . 1,266,000
Schedule:
(1) 94.90.005-Emergency Operations Center--Preliminary plans,
working drawings, and construction . . . 1,266,000
4260-401--Approximately $3.4 million in General Fund moneys has
been loaned to the Department of Health Services (DHS), Botulism
Treatment and Prevention Fund, pursuant to Section 123707 of the
Health and Safety Code to support the development of the Botulism
Immunoglobin (BIG) vaccine. This loan is to be fully repaid now that
BIG
has been approved and licensed by the U.S. Food and Drug
Administration. In conjunction with payments from the Botulism
Treatment and Prevention Fund beginning in the 2004-2005 fiscal year,
a
reduction of $500,000 has been made in Item 4260-001-0001, Program
10, Public and Environmental Health, until the loan is paid off.
These
funds will be restored after the debt to the General Fund has been
satisfied.
4260-402--Notwithstanding Provision 1 of Item 4260-011-0001 of the
Budget Act of 2002 (Ch. 379, Stats. 2002) and the Budget Act of 2003
(Ch. 157, Stats. 2003), the $10,300,000 loan authorized to the
Genetic
Disease Testing Fund shall be fully repaid to the General Fund by
June
30, 2006, with interest calculated at the rate earned by the Pooled
Money Investment Account at the time of the transfer.
4260-491--Reappropriation, Department of Health Services.
Notwithstanding any other provision of law, the balances of the
appropriations provided for in the following citations are
reappropriated
for the purposes and subject to the limitations, unless otherwise
specified,
provided for in those appropriations, and shall be available for
encumbrance or expenditure until June 30, 2005, as specified.
0589--Cancer Research Fund
(1) Item 4260-001-0589, Budget Act of 2002 (Ch. 379, Stats. 2002).
Funds appropriated in this item for the Cancer Research Program are
made available for the 2005-06 fiscal year, subject to the provisions
for
the appropriation.
3020--Tobacco Settlement Fund
(1) Item 4260-001-3020, Budget Act of 2001 (Ch. 106, Stats. 2001).
Notwithstanding any other provision of law, the balance as of June
30,
2004, for the Prostate Cancer Treatment Program is reappropriated
and
is available for expenditure through June 30, 2006.
(2) Item 4260-001-3020, Budget Act of 2002 (Ch. 379, Stats. 2002).
Notwithstanding any other provision of law, the balance as of June
30,
2004, for the Prostate Cancer Treatment Program is re-appropriated
and
is available for expenditure through June 30, 2006.
4260-495--Reversion, Department of Health Services. As of June 30,
2005, the unencumbered balance of the appropriation provided for in
the
following ci-tation shall revert to the fund balance of the fund from
which
appropriation was made:
0942--Nine West Settlement Account, Special Deposit Fund
(1) Item 4260-011-0942, Budget Act of 2003 (Ch. 157, Stats. 2003)
related to the Gynecological Cancer Information Program.
4270-001-0001--For support of California Medical Assistance
Commission . . . 1,207,000
Schedule:
(1) 10-California Medical Assistance Commission . . . 2,622,000
(2) Reimbursements . . . -1,307,000
(3) Amount payable from Emergency Services and Supplemental
Payments Fund (Item 4270-001-0693) . . . -108,000
Provisions:
1. As permitted under subdivision (q) of Section 6254 of the
Government
Code, the California Medical Assistance Commission (CMAC) shall
make entire hospital inpatient contracts and amendments open to
inspection by the Joint Legislative Audit Committee and the
Legislative
Analyst's Office to review. The purpose of this review will be to
determine if the CMAC is operating effectively and efficiently in
negotiating hospital contracts.
4270-001-0693--For support, California Medical Assistance
Commission, for payment to Item 4270-001-0001, payable from the
Emergency Services and Supplemental Payments Fund . . . 108,000
Provisions:
1. To the extent that moneys available in the Emergency Services
and
Supplemental Payments Fund are less than the amount appropriated in
this item, this appropriation shall be limited to that lesser amount.
2. Notwithstanding any other provision of law, if revenues to the
Emergency Services and Supplemental Payments Fund are sufficient to
create additional allocation workload, the Director of Finance may
authorize expenditures for the California Medical Assistance
Commission
in excess of the amount appropriated not sooner than 30 days after
notification in writing of the necessity therefor is provided to the
chairpersons of the fiscal committees in each house and the
Chairperson
of the Joint Legislative Budget Committee, or not sooner than
whatever
lesser time the chairperson of the committee, or his or her designee,
may
in each instance determine.
4280-001-0001--For support of Managed Risk Medical Insurance
Board . . . 2,142,000
Schedule:
(1) 10-Major Risk Medical Insurance Program . . . 876,000
(2) 20-Access for Infants and Mothers Program . . . 853,000
(3) 40-Healthy Families Program . . . 6,972,000
(4) 50-Children's Health Initiative Matching Fund Program . . .
285,000
(6) Reimbursements . . . -249,000
(7) Amount payable from Perinatal Insurance Fund (Item
4280-001-0309) . . . -853,000
(8) Amount payable from Major Risk Medical Insurance Fund (Item
4280-001-0313) . . . -876,000
(9) Amount payable from Federal Trust Fund (Item 4280-001-0890) .
. .
-4,586,000
(10) Amount payable from Federal Trust Fund (Item 4280-003-0890) .
.
. -180,000
(11) Amount payable from Children's Health Initiative Matching
Fund
(Item 4280-003-3055) . . . -100,000
Provisions:
1. Upon order of the Director of Finance, the State Controller
shall
transfer such funds as are necessary between this item and Item
4280-103-0890 or Item 4280-103-3055 in order to effectively
administer the County Health Initiative Matching Fund Program.
2. To provide for the effective use of federal State Children's
Health
Insurance Program funds in the County Health Initiative Matching Fund
Program, notwithstanding Section 28.00 of this act, this item may be
reduced or increased by the Department of Finance not sooner than 30
days after notification in writing of the necessity therefor to the
chairperson of the committee in each house that considers
appropriations
and the Chairperson of the Joint Legislative Budget Committee, or
such
lesser time as the chairperson of the committee, or his or her
designee,
may in each instance determine. This provision shall not apply to any
General Fund increases or reductions.
4280-001-0309--For support of Managed Risk Medical Insurance
Board, for payment to Item 4280-001-0001, payable from the Perinatal
Insurance Fund . . . 853,000
Provisions:
1. Provision 1 of Item 4280-001-0313 also applies to this item.
4280-001-0313--For support of Managed Risk Medical Insurance
Board, for payment to Item 4280-001-0001, payable from the Major
Risk Medical Insurance Fund . . . 876,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for the Managed Risk Medical Insurance
Board in excess of the amount appropriated not sooner than 30 days
after notification in writing of the necessity therefor is provided
to the
chairpersons of the fiscal committees in each house and the
Chairperson
of the Joint Legislative Budget Committee, or not sooner than
whatever
lesser time the chairperson of the committee, or his or her designee,
may
in each instance determine.
4280-001-0890--For support of Managed Risk Medical Insurance
Board, for payment to Item 4280-001-0001, payable from the Federal
Trust Fund, for Healthy Families Program . . . 4,586,000
4280-003-0890--For support of Managed Risk Medical Insurance
Board, for payment to Item 4280-001-0001, payable from the Federal
Trust Fund, for Children's Health Initiative Matching Fund Program .
. .
180,000
Provisions:
1. Provisions 1 and 2 of Item 4280-001-0001 also apply to this
item.
4280-003-3055--For support of Managed Risk Medical Insurance
Board, for payment of Item 4280-001-0001, payable from the County
Health Initiative Matching Fund, for Children's Health Initiative
Matching
Fund Program . . . 100,000
Provisions:
1. Provisions 1 and 2 of Item 4280-001-0001 also apply to this
item.
4280-017-0001--For support of Managed Risk Medical Insurance
Board, for implementation of the Health Insurance Portability and
Accountability Act . . . 25,000
Schedule:
(1) 10-Major Risk Medical Insurance Program . . . 15,000
(2) 20-Access for Infants and Mothers Program . . . 15,000
(3) 40-Healthy Families Program . . . 71,000
(4) Amount payable from the Perinatal Insurance Fund (Item
4280-017-0309) . . . -15,000
(5) Amount payable from the Major Risk Medical Insurance Fund
(Item
4280-017-0313) . . . -15,000
(6) Amount payable from the Federal Trust Fund (Item
4280-017-0890)
. . . -46,000
4280-017-0309--For support of Managed Risk Medical Insurance
Board, for payment to Item 4280-017-0001, payable from the Perinatal
Insurance Fund, for implementation of the Health Insurance
Portability
and Accountability Act . . . 15,000
4280-017-0313--For support of Managed Risk Medical Insurance
Board, for payment to Item 4280-017-0001, payable from the Major
Risk Medical Insurance Fund, for implementation of the Health
Insurance
Portability and Accountability Act . . . 15,000
4280-017-0890--For support of Managed Risk Medical Insurance
Board, for payment to Item 4280-017-0001, payable from the Federal
Trust Fund, for implementation of the Health Insurance Portability
and
Accountability Act . . . 46,000
4280-101-0001--For local assistance, Managed Risk Medical
Insurance
Board, for the Healthy Families Program . . . 319,576,000
Schedule:
(1) 20-Access for Infants and Mothers Program . . . 65,005,000
(2) 40-Healthy Families Program . . . 876,809,000
(3) Amount payable from the Federal Trust Fund (Item
4280-101-0890)
. . . -622,238,000
Provisions:
1. Upon order of the Director of Finance, the State Controller
shall
transfer such funds as are necessary between this item and Item
4280-102-0001 in order to effectively administer the Healthy Families
Program.
4280-101-0236--For local assistance, Managed Risk Medical
Insurance
Board, payable from the unallocated account, Cigarette and Tobacco
Products Surtax Fund . . . 175,000
Schedule:
(1) 40-Healthy Families Program . . . 175,000
4280-101-0890--For local assistance, Managed Risk Medical
Insurance
Board, for payment to Item 4280-101-0001, payable from the Federal
Trust Fund, for the Healthy Families Program . . . 622,238,000
Provisions:
1. Upon order of the Director of Finance, the State Controller
shall
transfer such funds, as are necessary between this item and Item
4280-102-0890 in order to effectively administer the Healthy Families
Program.
4280-102-0001--For local assistance, Managed Risk Medical
Insurance
Board, for the Healthy Families Program administrative contracts . .
.
27,315,000
Schedule:
(1) 40-Healthy Families Program . . . 75,671,000
(2) Reimbursements . . . -9,758,000
(3) Amount payable from the Federal Trust Fund (Item 4280-1020890)
.
. . -38,598,000
Provisions:
1. Upon order of the Director of Finance, the State Controller
shall
transfer such funds as are necessary between this item and Item
4280-101-0001 in order to effectively administer the Healthy Families
Program.
4280-102-0890--For local assistance, Managed Risk Medical
Insurance
Board, for payment to Item 4280-102-0001, payable from the Federal
Trust Fund, for Healthy Families Program administrative contracts . .
.
38,598,000
Provisions:
1. Upon order of the Director of Finance, the State Controller
shall
transfer such funds, as are necessary between this item and Item
4280-101-0890 in order to effectively administer the Healthy Families
Program.
4280-103-0890--For local assistance, Managed Risk Medical
Insurance
Board, for payment to Item 4280-103-3055, payable from the Federal
Trust Fund, for the Children's Health Initiative Matching Fund
Program . .
. 2,381,000
Provisions:
1. Provisions 1, 2, and 3 of Item 4280-103-3055 also apply to
this item.
4280-103-3055--For local assistance, Managed Risk Medical
Insurance
Board, for the Children's Health Initiative Matching Fund Program . .
.
1,282,000
Schedule:
(1) 50-County Health Initiative Matching Fund Program . . .
3,663,000
(2) Amount payable from the Federal Trust Fund (Item
4280-103-0890)
. . . -2,381,000
Provisions:
1. Upon order of the Director of Finance, the State Controller
shall
transfer such funds as are necessary between this item and Item
4280-003-0890 or Item 4280-003-3055 in order to effectively
administer the County Health Initiative Matching Fund program.
2. Funds in this item are subject to the availability, as
determined by the
Department of Finance, of federal State Children's Health Insurance
Program funds not needed for state-funded health programs, including,
but not limited to, the Healthy Families Program and, as funded by
the
federal State Children's Health Insurance Program, the Access for
Infants
and Mothers Program and the Medi-Cal program. To determine the
availability of funds, all entities participating in the County
Health Initiative
Matching Fund program shall submit, on or before August 1 and
February 1 of each year, an estimate of expenditures under this item
to
the Managed Risk Medical Insurance Board. The Managed Risk
Medical Insurance Board shall submit, by September 10 and March 1 of
each year, an estimate of expenditures under this item to the
Department
of Finance.
3. To provide for the effective use of federal State Children's
Health
Insurance Program funds in the County Health Initiative Matching Fund
program, notwithstanding Section 28.00, this item may be reduced or
increased by the Department of Finance not sooner than 30 days after
notification in writing of the necessity therefor to the chairperson
of the
committee in each house that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee, or such lesser
time as the chairperson of the committee, or his or her designee, may
in
each instance determine.
4280-104-0236--For local assistance, Managed Risk Medical
Insurance
Board, for the Healthy Families Program Rural Health Demonstration
Project . . . 2,047,000
Schedule:
(1) 40-Healthy Families Program . . . 5,889,000
(2) Amount payable from Federal Trust Fund (Item 4280-104-0890) .
. .
-3,842,000
4280-104-0890--For local assistance, Managed Risk Medical
Insurance
Board, for payment to Item 4280-104-0236, payable from the Federal
Trust Fund, for the Healthy Families Program Rural Health
Demonstration Project . . . 3,842,000
4280-111-0232--For transfer by the Controller from the Hospital
Services Account, Cigarette and Tobacco Products Surtax Fund to the
Perinatal Insurance Fund, for the Access for Infants and Mothers
Program . . . (34,445,000)
4280-111-0233--For transfer by the Controller from the Physician
Services Account, Cigarette and Tobacco Products Surtax Fund to the
Perinatal Insurance Fund, for the Access for Infants and Mothers
Program . . . (10,013,000)
4300-001-0001--For support of Department of Developmental Services
. . . 26,137,000
Schedule:
(1) 10-Community Services Program . . . 23,648,000
(2) 20-Developmental Centers Program . . . 14,882,000
(3) 35.01-Administration . . . 26,446,000
(4) 35.02-Distributed Administration . . . -26,446,000
(5) 97.20.001-Unallocated Reduction . . . -104,000
(6) Reimbursements . . . -9,856,000
(7) Amount payable from the Developmental Disabilities Program
Development Fund (Item 4300-001-0172) . . . -268,000
(8) Amount payable from the Federal Trust Fund (Item 4300-0010890)
.
. . -2,165,000
Provisions:
1. Upon order of the Director of Finance, the State Controller
shall
transfer such funds as are necessary between this item and Item
4300-003-0001 in order to appropriately align General Fund and
Medi-Cal reimbursements from the Department of Health Services with
budgeted activities. Within 10 working days after approval of a
transfer
as authorized by this provision, the Department of Finance shall
notify the
chairperson of the fiscal committee of each house of the Legislature
and
the Chairperson of the Joint Legislative Budget Committee of the
transfer,
including the amount transferred, how the amount
was determined, and
how the amount will be utilized.
2. The General Fund shall make a loan available to the State
Department
of Developmental Services not to exceed a cumulative total of
$3,000,000. The loan funds will be transferred to this item as needed
to
meet cashflow needs due to delays in collecting reimbursements for
the
Health Care Deposit Fund, and are subject to the repayment provisions
in Section 16351 of the Government Code.
3. The State Department of Developmental Services may promulgate
regulations specifically for implementing proposals to increase
federal
funding to the state. These regulations shall be deemed emergency
regulations necessary for the immediate preservation of the public
peace,
health and safety, or general welfare for purposes of subdivision (b)
of
Section 11346.1 of the Government Code.
4. Notwithstanding Section 26.00 of this act, the Department of
Finance
may authorize transfer of expenditure authority between Schedules (1)
and (2) in order to accurately reflect expenditures in these
programs.
5. Beginning July 1, 2004, the Department of Developmental
Services
shall provide, on a quarterly basis, to the Chairperson of the Joint
Legislative Budget Committee copies of the monthly status and
oversight
reports submitted to the Department of Finance for the California
Developmental Disabilities Information System Project.
6. The State Department of Developmental Services shall provide
the
fiscal and policy committees of the Legislature with a comprehensive
status update on the Agnews Plan, on January 10, 2006, and May 15,
2006, which will include at a minimum all of the following:
(a) A description and progress report on all pertinent aspects of
the
community-based resources development.
(b) An aggregate update on the consumers living at Agnews and
consumers who have been transitioned to other living arrangements.
(c) An update to the Major Implementation Steps and Timelines.
(d) A comprehensive update to the fiscal analyses as provided in
the
original plan.
(e) An update to the plan regarding Agnews' employees.
The above requested information may be provided through the
Department of Developmental Services budget process, as part of the
Regional Center and Developmental Center estimates packages. The
updated information shall be made available to the public upon
request.
4300-001-0172--For support of Department of Developmental
Services, for payment to Item 4300-001-0001, payable from the
Developmental Disabilities Program Development Fund . . . 268,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for the Department of Developmental
Services in excess of the amount appropriated no sooner than 30 days
after notification in writing is provided to the chairpersons of the
fiscal
committees in each house and the Chairperson of the Joint Legislative
Budget Committee, or no sooner than such lesser time as the
chairperson
of the committee, or his or her designee, may in each instance
determine.
4300-001-0890--For support of Department of Developmental
Services, for payment to Item 4300-001-0001, payable from the Federal
Trust Fund . . . 2,165,000
Provisions:
1. Upon order of the Director of Finance, the State Controller
shall
transfer such funds as are necessary between this item and Item
4300-101-0890 in order to effectively administer the Early
Intervention
Program (Part C of the Individuals with Disabilities Education Act).
4300-003-0001--For support of Department of Developmental
Services, for Developmental Centers . . . 368,580,000
Schedule:
(1) 20-Developmental Centers Program . . . 694,108,000
(2) 97.20.001-Unallocated Reduction . . . -2,115,000
(3) Reimbursements . . . -322,768,000
(4) Amount payable from the Federal Trust Fund (Item 4300-0030890)
.
. . -645,000
Provisions:
1. The General Fund shall make a loan available to the State
Department
of Developmental Services not to exceed a cumulative total of
$77,000,000. The loan funds will be transferred to this item as
needed to
meet cashflow needs due to delays in collecting reimbursements from
the
Health Care Deposit Fund, and subject to the repayment provisions of
Section 16351 of the Government Code.
2. Upon order of the Director of Finance, the State Controller
shall
transfer such funds as are necessary between this item and Item
4300-001-0001 in order to appropriately align General Fund and
Medi-Cal reimbursements from the Department of Health Services with
budgeted activities. Within 10 working days after approval of a
transfer
as authorized by this provision, the Department of Finance shall
notify the
chairperson of the fiscal committee of each house of the Legislature
and
the Chairperson of the Joint Legislative Budget Committee of the
transfer,
including the amount transferred, how the amount was determined, and
how the amount will be utilized.
3. Upon order of the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Item 4300-101-0001.
4. The State Department of Developmental Services (DDS) shall
notify
the chairperson of each fiscal committee and policy committee of each
house of the Legislature of specific outcomes resulting from
citations and
the results of annual surveys conducted by the State Department of
Health Services, as well as findings of any other government agency
authorized to conduct investigations or surveys of state
developmental
centers. DDS shall forward the notifications, including a copy of the
specific findings, to the chairpersons of the respective committees
within
10 working days of its receipt of these findings. DDS also shall
forward
these findings, within three working days of submission, to the
appropriate investigating agency. In addition, DDS shall provide
notification to the above-mentioned committee chairs, within three
working days, of its receipt of information concerning any
investigation
initiated by the United States Department of Justice and the private
nonprofit corporation designated by the Governor pursuant to Division
4.7 (commencing with Section 4900) of the Welfare and Institutions
Code or concerning any findings or recommendations resulting from any
of these investigations.
5. It is the intent of the Legislature to ensure the continued
quality of care
for consumers residing at Agnews Developmental Center as they
transition to other living arrangements, including community-based
living
arrangements. An important component of this transition for many
individuals will be the use of existing state staff from Agnews
Developmental Center, who are familiar with each consumer's
individual,
specialized needs. The use of existing employees in community-based
settings will provide for the continuation of services and supports
to
address specified needs, including medical, social, educational, and
related functions, as individuals adapt to their new living
environment.
6. By April 1, 2006, the State Department of Developmental
Services
and the State Department of Mental Health shall jointly report to the
Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the fiscal committees of each house of the
Legislature
regarding the feasibility and advisability of modifying their
reimbursement
systems to account separately for drugs provided for eligible
developmental center residents and state hospital patients so that
the state
can obtain Medicaid prices and collect the rebates to which it is
entitled
from drug manufacturers. Nothing in this provision is intended to
preclude
the two departments from acting sooner than this date to implement
this
action or to take alternative actions that, in their discretion,
would reduce
the cost to the state for providing drugs for residents and patients
of these
state facilities.
4300-003-0890--For support of Department of Developmental
Services, for payment to Item 4300-003-0001, payable from the Federal
Trust Fund . . . 645,000
Provisions:
1. Upon order of the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Item 4300-101-0890
in order to effectively administer the Foster Grandparent Program.
4300-004-0001--For support of Department of Developmental Services
(Proposition 98), for Developmental Centers . . . 10,217,000
Schedule:
(1) 20-Developmental Centers Program . . . 13,886,000
(a) 20.17-AB 1202 Contracts . . . 2,052,000
(b) 20.66-Medi-Cal Eligible Services . . . 11,834,000
(2) Reimbursements . . . -3,669,000
Provisions:
1. Of the amount appropriated in this item, $3,753,000 is to be
used to
provide the General Fund match for Medi-Cal Eligible Services.
4300-017-0001--For support of Department of Developmental
Services, for implementation of the Health Insurance Portability and
Accountability Act . . . 260,000
Schedule:
(1) 20-Developmental Centers Program . . . 434,000
(2) Reimbursements . . . -174,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified
in Control Section 17.00. These funds are to be used in support of
compliance activities related to the federal Health Insurance
Portability
and Accountability Act (HIPAA) of 1996.
4300-101-0001--For local assistance, Department of Developmental
Services, for Regional Centers . . . 1,862,046,000
Schedule:
(1) 10.10.010-Operations . . . 456,054,000
(2) 10.10.020-Purchase of Ser- vices . . . 2,437,803,000
(3) 10.10.060-Early Intervention Programs . . . 20,095,000
(4) Reimbursements . . . -996,263,000
(5) Amount payable from Developmental Disabilities Program
Development Fund (Item 4300-1010172) . . . -2,000,000
(5.5) Amount payable from Developmental Disabilities Services
Account
(Item 4300-101-0496) . . . -69,000
(6) Amount payable from Federal Trust Fund (Item 4300-101-0890) .
. .
-53,574,000
Provisions:
1. Upon order of the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Item 4300-003-0001.
2. A loan shall be made available from the General Fund to the
State
Department of Developmental Services not to exceed a cumulative total
of $160,000,000. The loan funds shall be transferred to this item as
needed to meet cashflow needs due to delays in collecting
reimbursements from the Health Care Deposit Fund, and are subject to
the repayment provisions of Section 16351 of the Government Code.
3. Upon order of the Director of Finance, the Controller shall
transfer
funds as are necessary between this item and Item 5160-001-0001 to
provide for the transportation costs to and from work activity
programs
of clients who are receiving vocational rehabilitation services
through the
Vocational Rehabilitation/Work Activity Program (VR/WAP) Transition
Program.
4. Of the funds appropriated in this item, $3,730,000 shall be
available
for information technology costs of the California Developmental
Disabilities Information System (CADDIS). Of this amount, $2,000,000
is set aside for the sole purpose of funding functional changes to
CADDIS.
5. Notwithstanding any other provision of law, expenditure of the
$2,000,000 for CADDIS functional changes shall be made no sooner
than 30 days after notification in writing by the Department of
Finance to
the chairperson of the budget committee in each house of the
Legislature
and the Chairperson of the Joint Legislative Budget Committee of its
approval of a revised Special Project Report approving these
functional
changes. The intent of the set-aside is to ensure that sufficient
funding is
available for this purpose in the event that the Director of Finance
determines such changes are necessary for successful completion of
the
project and approves the Special Project Report. The Director of
Finance's determination will be informed by the findings of an
independent
project review of CADDIS conducted by an independent contractor
under the oversight of the California Health and Human Services
Agency
and the Department of Finance.
6. The independent project review will be an as- sessment to
determine if
the current CADDIS design maps to and reflects the project objectives
as represented in the original project Feasibility Study Report and
Request for Proposal. The assessment will consider whether CADDIS
will meet Department of Developmental Services and Regional Center
business practice requirements and objectives, including objectives
related to federal programs. The assessment will examine project
management, schedule, and status.
7. Funding in this item for Regional Center operations also
includes a
set-aside of $467,000 General Fund and $92,000 in reimbursements for
Regional Centers to input federally required consumer attendance data
into CADDIS upon its implementation. These funds shall not be
expended until such time as CADDIS implementation occurs.
8. On or before September 1, 2005, the Department of Finance shall
report to the chairperson of the budget committee in each house of
the
Legislature and the Chairperson of the Joint Legislative Budget
Committee of its strategy to resolve problems on the CADDIS project.
The strategy shall include, but is not limited to, (a) identification
of
problems or issues on the project, and (b) actions, costs, and
timeframes
broken out by budget year and future years to correct those problems
or
issues. The Department of Finance shall include a copy of the
independent project review with its report.
9. Notwithstanding any other provision of law, based on the
findings of
the independent project review, and no sooner than 30 days after
notification in writing by the Department of Finance to the
chairperson of
the budget committee in each house of the Legislature and the
Chairperson of the Joint Legislative Budget Committee, the Director
of
Finance may transfer management of the CADDIS project and the
expenditure authority for the project from the Department of
Developmental Services to the California Health and Human Services
Agency, or another appropriate state agency, in order to promote
successful completion of the project.
10. Nothing in this provision is intended to nullify the approval
and
legislative notification provisions of Section 11.00 or 11.10.
11. The State Department of Developmental Ser- vices shall provide
to
the Legislature, by May 1, 2006, expenditure data for costs of drugs
purchased by Regional Centers between January 1, 2006, and March
31, 2006, for Regional Center consumers eligible for the Medicare
Part
D drug benefit and projections for the rest of the calendar year.
4300-101-0172--For local assistance, Department of Developmental
Services, for payment to Item 4300-101-0001, payable from the
Developmental Disabilities Program Development Fund . . . 2,000,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for the Department of Developmental
Services in excess of the amount appropriated no sooner than 30 days
after notification in writing of the chairpersons of the fiscal
committees in
each house and the Chairperson of the Joint Legislative Budget
Committee, or no sooner than such lesser time as the chairperson of
the
committee, or his or her designee, may in each instance determine.
4300-101-0496--For local assistance, Department of Developmental
Services, for payment to Item 4300-101-0001, payable from the
Developmental Disabilities Services Account . . . 69,000
4300-101-0890--For local assistance, Department of Developmental
Services, for Regional Centers, for payment to Item 4300-101-0001,
payable from Federal Trust Fund . . . 53,574,000
Provisions:
1. Upon order of the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Item 4300-001-0890
in order to effectively administer the Early Intervention Program
(Part C
of the Individuals with Disabilities Education Act).
2. Upon order of the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Item 4300-003-0890
in order to effectively administer the Foster Grandparent Program.
4300-102-0001--For local assistance, Department of Developmental
Services, Special Item for Medicare Part D Transition . . . 4,866,000
Provisions:
1. Funds appropriated in this item may only be expended to
facilitate the
enrollment of regional center consumers into Medicare Part D
prescription drug plans. The State Department of Developmental
Services, through the California Health and Human Services Agency,
shall submit, no later than August 31, 2005, an expenditure plan for
these
funds to the Joint Legislative Budget Committee. The Joint
Legislative
Budget Committee shall have 30 days to review the expenditure plan
prior to its implementation.
4300-117-0001--For local assistance, Department of Developmental
Services, for implementation of the Health Insurance Portability and
Accountability Act . . . 708,000
Schedule:
(1) 10.10.010-Regional Centers: Operations . . . 1,416,000
(2) Reimbursements . . . -708,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified
in Control Section 17.00. These funds are to be used in support of
compliance activities related to the federal Health Insurance
Portability
and Accountability Act (HIPAA) of 1996.
4300-490--Reappropriation, Department of Developmental Services.
Notwithstanding any other provision of law, as of June 30, 2005, the
balances of the appropriations provided in the following citations
are
reappropriated for the purposes specified and shall be available for
encumbrance or expenditure until June 30, 2006, unless otherwise
stated.
0001--General Fund
(1) Item 4300-101-0001, Budget Act of 2004 (Ch. 208, Stats. 2004)
Schedule:
(a) 10.10.010 for cost containment proposals, including cost
statement
automation and information technology consulting for day programs,
in-home respite, and work activity programs, as well as for research
and
education for supported living services, the standardized rate
project, and
geographic rate consideration . . . 488,000
(b) Balance of appropriations in Schedule (1) 10.10.010 and
Schedule
(2) 10.10.020 for the Life Quality Assessment Interagency Agreement.
(2) Item 4300-105-0001, Budget Act of 2004 (Ch. 208, Stats. of
2004)
. . . 11,115,000
0496--Developmental Disabilities Services Account
(1) Item 4300-101-0496, Budget Act of 2004 (Ch. 208, Stats. 2004)
4440-001-0001--For support of Department of Mental Health . . .
36,197,000
Schedule:
(1) 10-Community Services . . . 73,031,000
(2) 20-Long-Term Care Services . . . 11,812,000
(3) 35.01-Departmental Administration . . . 19,437,000
(4) 35.02-Distributed Departmental Administration . . .
-19,437,000
(5) 97.20.001-Unallocated Reduction . . . -709,000
(6) Reimbursements . . . -27,590,000
(7) Amount payable from the Traumatic Brain Injury Fund (Item
4440-001-0311) . . . -168,000
(8) Amount payable from the Federal Trust Fund (Item
4440-001-0890)
. . . -3,532,000
(9) Amount payable from the Mental Health Services Fund (Item
4440-001-3085) . . . -16,647,000
Provisions:
1. Upon order of the Director of Finance, and following 30-day
notification to the Joint Legislative Budget Committee, the
Controller shall
transfer between this item and Item 4440-016-0001 those funds that
are
necessary for direct community services, as well as administrative
and
ancillary services related to the provision of direct services.
2. None of the funds appropriated in this item for compliance with
federal
Medicaid managed care notification requirements shall be expended
before October 1, 2005. It is the intent of the Legislature that, in
the
interim, the state shall seek assistance from the California
congressional
delegation, the new national commission to reduce Medicaid Program
costs, or other appropriate parties to modify these requirements to
reduce their cost to the state and to the federal government. In the
event
that the federal notification requirements are modified, the Director
of
Finance may revert, at his or her discretion, any part or all of the
appropriation provided in this item for compliance with the
requirements.
4440-001-0311--For support of Department of Mental Health, for
payment to Item 4440-001-0001, payable from the Traumatic Brain
Injury Fund . . . 168,000
4440-001-0890--For support of Department of Mental Health, for
payment to Item 4440-001-0001, payable from the Federal Trust Fund .
. . 3,532,000
Provisions:
1. Upon order of the Department of Finance, the State Controller
shall
transfer such funds as are necessary between this item and Item
4440-101-0890.
4440-001-3085--For support of the Department of Mental Health for
payment to Item 4440-001-0001, payable from the Mental Health
Services Fund . . . 16,647,000
Provisions:
1. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appropriated for administration pursuant to
subdivision (d) of Section 5892 of the Welfare and Institutions Code.
2. Notwithstanding any other provision of law, the Director of
Finance
may increase the funding provided in this item to further the
implementation of the Mental Health Services Act. Any increase would
occur not sooner than 30 days after written notification has been
provided to the chairperson of the committee in each house of the
Legislature that considers appropriations, the chairpersons of the
committees, and the appropriate subcommittees, in each house that
consider the State Budget, and the Chairperson of the Joint
Legislative
Budget Committee identifying the need for that increase and the
expenditure plan for the additional funds.
3. Of the funds appropriated in this item, $3,150,000 is a
one-time
funding for rent subsidies, predevelopment costs for housing for the
mentally ill, and collaborative efforts to promote stable housing for
homeless persons. These funds will be used for the Governor's
Initiative
to End Chronic Homelessness. These funds are available for
expenditure
in the 2005-06 and 2006-07 fiscal years.
4440-003-0001--For support of the Department of Mental Health for
rental payments on lease-revenue bonds . . . 30,321,000
Schedule:
(1) Base Rent and Fees . . . 30,259,000
(2) Insurance . . . 150,000
(3) Reimbursements . . . -88,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise needed
to
ensure debt requirements are met.
2. This item may contain adjustments pursuant to Section 4.30 that
are
not currently reflected. Any adjustments to this item shall be
reported to
the Joint Legislative Budget Committee pursuant to Section 4.30.
4440-011-0001--For support of the State Hospitals, Department of
Mental Health . . . 767,702,000
Schedule:
(1) 20.10-Long-Term Care Services--Lanterman-Petris-Short Act . .
.
78,546,000
(2) 20.20-Long-Term Care Services--Penal Code and Judicially
Committed . . . 706,908,000
(3) 20.30-Long-Term Care Services--Other State Hospital Services .
. .
68,465,000
(4) 97.20.001-Unallocated Reduction . . . -240,000
(5) Reimbursements . . . -84,821,000
(6) Amount payable from the California State Lottery Education
Fund
(Section 8880.5 of the Government Code) . . . -1,156,000
Provisions:
1. Upon order of the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Item 5240-001-0001.
2. Upon order of the Director of Finance, and following 30-day
notification to the Joint Legislative Budget Committee, the
Controller shall
transfer between this item and Item 4440-016-0001 those funds that
are
necessary for direct community services, as well as administrative
and
ancillary services related to the provision of direct services.
3. Upon approval of the State Department of Mental Health, a
portion of
the funds appropriated in Schedule (2) shall be available to
reimburse
counties for the cost of treatment and legal services to patients in
the five
State Department of Mental Health State Hospitals, pursuant to
Section
4117 of the Welfare and Institutions Code. Expenditures made under
this
item shall be charged to either the fiscal year in which the claim is
received or the fiscal year in which the Controller issues the
warrant.
Claims filed by local jurisdictions for legal services may be
scheduled by
the Controller for payment.
4. The reimbursements identified in Schedule (5) of this item
shall include
amounts received by the State Department of Mental Health as a result
of
billing for Lanterman-Petris-Short (LPS) Act state hospital bed day
expenditures attributable to conservatees who are gravely disabled as
defined in subparagraph (B) of paragraph (1) of subdivision (h) of
Section 5008 of the Welfare and Institutions Code (Murphy
Conservatee).
5. Of the total amount attributable in the 2005-06 fiscal year to
patient-generated collections for Lanterman-Petris-Short (LPS) Act
patients, the Controller shall transfer $8,000,000 as revenue to the
General Fund, and the remainder shall be used to offset county costs
for
LPS state hospital beds.
6. Funds appropriated to accommodate projected hospital population
levels in excess of those that actually materialize, if any, shall
revert to the
General Fund. However, the Director of Finance may approve an
increase in expenditures that are not related to caseload for the
state
hospitals through the redirection of funding that is reasonably
believed
not to be needed for accommodating projected hospital population
levels
if the approval is made in
writing and filed with the Chairperson of the
Joint Legislative Budget Committee and the chairperson of each house
of
the Legislature that considers appropriations not later than 30 days
prior
to the effective date of the approval, or prior to whatever lesser
time the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, may in each instance determine. All notifications shall
include
(a)
the reason for the proposed redirection of caseload funding to
expenditures that are not related to caseload, (b)
the approved amount, and (c)
the ba sis of the director's determination that the funding is not
needed
for accommodating projected hospital population levels.
7. Notwithstanding Section 26.00 of this act, the Department of
Finance
may authorize transfer of expenditure authority between Schedules
(1),
(2), and (3) in order to accurately reflect caseload in these
programs.
8. Of the amount appropriated in Schedule (2), $2,484,000 is
allocated
for relocation costs for Coalinga State Hospital employees hired in
the
2005-06 fiscal year. Any unspent amount will revert to the General
Fund
on January 1, 2007.
9. By April 1, 2006, the State Department of Developmental
Services
and the State Department of Mental Health shall jointly report to the
Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the fiscal committees of each house of the
Legislature
regarding the feasibility and advisability of modifying their
reimbursement
systems to account separately for drugs provided for eligible
developmental center residents and state hospital patients so that
the state
can obtain Medicaid prices and collect the rebates to which it is
entitled
from drug manufacturers. Nothing in this provision is intended to
preclude
the two departments from acting sooner than this date to implement
this
action or to take alternative actions that, in their discretion,
would reduce
the cost to the state for providing drugs for residents and patients
of these
state facilities.
4440-012-0001--For support of the State Hospitals (Proposition
98),
Department of Mental Health . . . 3,400,000
Schedule:
(1) 20.10-Long-Term Care Services--Lanterman-Petris-Short Act . .
.
3,400,000
Provisions:
1. The funds appropriated in this item are available to contract
for the
provision of education services for mental health patients on state
hospital
grounds.
4440-016-0001--For support of Department of Mental Health, for
Conditional Release Services . . . 21,544,000
Schedule:
(1) 20-Long-Term Care Services . . . 21,544,000
Provisions:
1. The funds appropriated in this item shall be used to provide
community
services as provided in Section 4360 of the Welfare and Institutions
Code. These funds shall support direct community services, as well as
administrative and ancillary services related to the provision of
direct
services.
2. Upon order of the Director of Finance, and following 30-day
notification to the Joint Legislative Budget Committee, the
Controller shall
transfer between this item and Items 4440-001-0001 and
4440-011-0001 those funds that are necessary for direct community
services, as well as administrative and ancillary services related to
the
provision of direct services.
3. The State Department of Mental Health shall provide forensic
conditional release services mandated either in Title 15 (commencing
with
Section 1600) of Part 2 or in Article 4 (commencing with Section
2960)
of Chapter 7 of Title 1 of Part 3 of the Penal Code, through
contracts
with programs which integrate the supervision and treatment roles and
providers selected consistent with Section 1615 of the Penal Code.
4. Of the funds appropriated in this item, it is intended that no
funds shall
be available for the payment of treatment services to persons on
court
visit from state hospitals to the community as designated in
subdivision (a)
of Section 4117 of the Welfare and Institutions Code.
4440-017-0001--For support of Department of Mental Health, for
implementation of the Health Insurance Portability and Accountability
Act
. . . 1,075,000
Schedule:
(1) 10-Community Services . . . 2,152,000
(2) 20-Long-Term Care Services . . . 0
(3) 35.01-Departmental Administration . . . 678,000
(4) 35.02-Distributed Departmental Administration . . . -678,000
(5) Reimbursements . . . -1,077,000
Provisions:
1. The funding appropriated in this item is limited to the amount
specified
in Control Section 17.00. These funds are to be used in support of
compliance activities related to the federal Health Insurance
Portability
and Accountability Act (HIPAA) of 1996.
4440-101-0001--For local assistance, Department of Mental Health .
. .
59,718,000
Schedule:
(1) 10.25-Community Services--Other Treatment . . . 1,505,272,000
(1.5) 10.47-Community Services--Children's Mental Health Services
. . .
350,000
(2) 10.85-Community Services-AIDS . . . 1,500,000
(3) 10.97-Community Services--Healthy Families . . . 14,966,000
(4) Reimbursements . . . -1,462,370,000
Provisions:
1. Augmentations to reimbursements in this item from the Office of
Emergency Services for Disaster Relief are exempt from Section 28.00
of
this act. The State Department of Mental Health shall provide written
notification to the Joint Legislative Budget Committee describing the
nature and planned expenditure of these augmentations when the
amount
received exceeds $200,000.
2. It is the intent of the Legislature that local expenditures for
mental
health services for Medi-Cal eligible individuals serve as the match
to
draw down maximum federal financial participation to continue the
Short-Doyle/Medi-Cal program.
4440-101-0311--For local assistance, Department of Mental Health,
all
funds that are transferred into the Traumatic Brain Injury Fund
pursuant
to subdivision (f) of Section 1464 of the Penal Code . . . 892,000
Schedule:
(1) 10.87-Community Services--Traumatic Brain Injury Projects . .
.
1,124,000
(2) Reimbursements . . . -232,000
4440-101-0890--For local assistance, Department of Mental Health,
payable from the Federal Trust Fund . . . 59,457,000
Schedule:
(1) 10.25-Community Services--Other Treatment . . . 52,075,000
(2) 10.75-Community Services--Homeless Mentally Disabled . . .
7,382,000
Provisions:
1. The funds appropriated in this item are for assistance to local
agencies
in the establishment and operation of mental health services, in
accordance with Division 5 (commencing with Section 5000) of the
Welfare and Institutions Code.
2. The Department of Mental Health may authorize advance payments
of
federal grant funds on a monthly basis to the counties for grantees.
These
advance payments may not exceed one-twelfth of Section 2.00 of the
individual grant award for the 2005-06 fiscal year.
3. Upon order of the Department of Finance, the Controller shall
transfer
such funds as are necessary between this item and Item 4440-001-0890.
4440-102-0001--For local assistance, Department of Mental Health
(Proposition 98) for early mental health services . . . 10,000,000
4440-103-0001--For local assistance, Department of Mental Health,
Program 10.25-Community Services: Other Treatment for Mental Health
Managed Care . . . 227,167,000
Provisions:
1. The allocation of funds appropriated in this item shall be
determined
based on a methodology developed by the Department of Mental Health
in consultation with a statewide organization representing counties.
This
methodology shall be based on a review of actual and projected
expenditures for mental health services for Medi-Cal beneficiaries,
by
county.
2. Of the amount appropriated in this item, $8,000,000 shall be
transferred to the Mental Health Managed Care Deposit Fund (Fund
0865).
3. Upon order of the Director of Finance and agree- ment between
the
Department of Mental Health and the Department of Health Services,
the
Controller shall transfer between this item and Item 4260-101-0001
any
General Fund amount determined necessary to fully reflect the
transfer of
responsibility for administration of mental health services pursuant
to the
implementation of mental health managed care.
4440-111-0001--For local assistance, Department of Mental Health,
for
caregiver resource centers serving families of adults with acquired
brain
injuries . . . 11,747,000
4440-295-0001--For local assistance, Department of Mental Health,
for
reimbursement, in accordance with the provisions of Section 6 of
Article
XIII B of the California Constitution or Section 17561 of the
Government
Code, of the costs of any new program or increased level of service
of an
existing program mandated by statute or executive order, for
disbursement by the State Controller . . . 120,000,000
Schedule:
(11) 98.01.001.000-2004-05 Cost for AB 3632 Mandates: Services to
Handicapped Students (Ch. 1747, Stats. 1984) (CSM-4282) and
Seriously Emotionally Disturbed Pupils (Ch. 654, Stats. 1996)
(97-TC-05) . . . 60,000,000
(12) 98.01.002.000-2005-06 Cost for AB 3632 Mandates: Services to
Handicapped Students (Ch. 1747, Stats. 1984) (CSM-4282) and
Seriously Emotionally Disturbed Pupils (Ch. 654, Stats. 1996)
(97-TC-05) . . . 60,000,000
Provisions:
4. The $120,000,000 General Fund appropriated in Schedules (11)
and
(12) shall be used to reimburse local government agencies for costs
claimed for the 2004-05 and 2005-06 fiscal years for Services to
Handicapped Students (Ch. 1747, Stats. 1984) and Seriously
Emotionally Disturbed Pupils (Ch. 654, Stats. 1996) state-mandated
local programs. Reimbursement for claims shall only be made for
claims
that are still subject to audit by the State Controller.
5. It is the intent of the Legislature that the funds appropriated
in
Schedules (11) and (12), as well as those appropriated within the
State
Department of Education for services to students enrolled in special
education and requiring mental health assistance in order to benefit
from
the education services provided, be fully expended to address needs
in
the 2004-05 and 2005-06 fiscal years.
4440-301-0001--For capital outlay, Department of Mental Health . .
.
5,674,000
Schedule:
(1) 55.35.295-Metropolitan: Remodel Satellite Serving
Kitchens--Construction . . . 5,282,000
(2) 55.10.205-Minor Project . . . 392,000
Provisions:
1. Notwithstanding any other provision of law, the project funded
in
Schedule (1) shall be considered part of the Metropolitan: Construct
New Kitchen and Remodel Satellite Serving Kitchens project funded in
Item 4440-301-0660, Schedule (1), of the 2005 Budget Act. The
Schedule (1) project is exempt from competitive bid in order to
facilitate
management of the overall project.
4440-301-0660--For capital outlay, Department of Mental Health,
payable from the Public Building Construction Fund . . . 56,930,000
Schedule:
(1) 55.35.295-Metropolitan: Con- struct New Kitchen and Remodel
Satellite Serving Kitchens--Working drawings and construction . . .
18,030,000
(1.5) 55.35.305-Metropolitan: Construct School
Building--Construction
. . . 8,754,000
(2) 55.45.270-Patton: Renovate Ad- mission Suite and Fire Life
Safety
and Environmental Improvements and Seismic Retrofit, Phases II and
III,
EB Building--Working drawings and construction . . . 30,146,000
Provisions:
1. The State Public Works Board may issue lease-revenue bonds,
notes,
or bond anticipation notes pursuant to Chapter 5 (commencing with
Section 15830) of Part 10b of Division 3 of Title 2 of the Government
Code to finance all phases of the project authorized by this item.
2. The State Public Works Board and the Department of Mental
Health
may obtain interim financing for the project costs authorized in this
item
from any appropriate source, including, but not limited to, Section
15849.1 of the Government Code and the Pooled Money Investment
Account pursuant to Sections 16312 and 16313 of the Government
Code.
3. The State Public Works Board may authorize the augmentation of
the
cost of each phase of the projects scheduled in this item pursuant to
the
board's authority under Section 13332.11 of the Government Code. In
addition, the State Public Works Board may authorize any additional
amount necessary to establish a reasonable construction reserve and
to
pay the cost of financing, including the payment of interest during
and for
up to six months after construction of the project, the costs of
financing a
debt service fund, and the cost of issuance of permanent financing
for the
project. This additional amount may include interest payable on any
interim financing obtained.
4. The State Department of Mental Health is authorized and
directed to
execute and deliver any and all leases, contracts, agreements, or
other
documents necessary or advisable to consummate the sale of bonds or
otherwise effectuate the financing of the scheduled projects.
5. The State Public Works Board shall not be deemed to be the lead
or
responsible agency for purposes of the California Environmental
Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) for any activities under the State Building
Construction
Act of 1955 (Part 10b (commencing with Section 15800) of Division 3
of Title 2 of the Government Code). This provision does not exempt
the
State Department of Mental Health from the requirements of the
California Environmental Quality Act. This provision is declaratory
of
existing law.
4440-401--Notwithstanding Section 14666 of the Government Code,
the Department of General Services may grant an easement, subject to
Department of Finance approval, to the Napa Sanitation District at
Napa
State Hospital for the installation of reclaimed water piping and a
storage
tank.
4440-491--Reappropriation, Department of Mental Health. The
balances of the appropriations provided in the following citations
are
reappropriated for the purposes and subject to the limitations,
unless
otherwise specified, provided for in those appropriations:
(1) Item 4440-301-0001, Budget Act of 2004 (Ch. 208, Stats. 2004)
(1) 55.35.295-Metropolitan: Remodel Satellite Serving
Kitchens--Working drawings
4440-492--Reappropriation, Department of Mental Health.
Notwithstanding any other provision of law, the period to liquidate
encumbrances of the following citations are extended to June 30,
2007.
0660--Public Buildings Construction Fund
(1) Item 4440-301-0660, Budget Act of 2001 (Ch. 106, Stats. 2001)
as
reappropriated by Item 4440-493, Budget Act of 2002 (Ch. 379, Stats.
2002)
(1) 55.18.255-Sexually Violent Predator Facility--Construction.
4440-496--Reversion, Department of Mental Health. As of June 30,
2005, the unencumbered balances of the appropriations provided in the
following citations shall revert to the balance of the fund from
which the
appropriation was made:
0660--Public Buildings Construction Fund
(1) Item 4440-301-0660, Budget Act of 2002 (Ch. 379, Stats. 2002)
(2) 55.35.305-Metropolitan: Construct School Building--Working
drawings and construction
(2) Item 4440-301-0660, Budget Act of 2003 (Ch. 157, Stats. 2003)
(2) 55.35.295-Metropolitan: Construct New Kitchen and Remodel
Satellite Serving Kitchens--Preliminary plans, working drawings, and
construction
(3) 55.45.270-Patton: Renovate Admission Suite and Fire and Life
Safety and Environmental Improvements Phases II and III, EB
Building--Construction
4700-001-0001--For support of Department of Community Services
and Development . . . 125,000
Schedule:
(1) 47-Naturalization Services . . . 125,000
4700-001-0853--For support of Department of Community Services
and Development . . . 202,000
Schedule:
(1) 20-Energy Programs . . . 202,000
4700-001-0890--For support of Department of Community Services
and Development, payable from the Federal Trust Fund . . . 9,712,000
Schedule:
(1) 20-Energy Programs . . . 8,652,000
(2) 40-Community Services . . . 3,169,000
(3) 50.01-Administration . . . 3,300,000
(4) 50.02-Distributed Administration . . . -3,300,000
(5) Reimbursements . . . -2,109,000
Provisions:
1. On a federal fiscal year basis, the Department of Community
Services
and Development shall make the following program allocation for the
community services block grant, as a percentage of the total block
grant:
(a) Administration . . . 5 percent
2. Any unexpended federal funds from Item 4700-001-0890, Budget
Act of 2004 (Ch. 208, Stats. 2004), shall be in augmentation of Item
4700-001-0890 of this act and not subject to the provisions of
Section
28.00.
4700-101-0001--For local assistance, Department of Community
Services and Development . . . 2,375,000
Schedule:
(1) 47-Naturalization Services . . . 2,375,000
4700-101-0853--For local assistance, Department of Community
Services and Development . . . 3,847,000
Schedule:
(1) 20-Energy Programs . . . 3,847,000
4700-101-0890--For local assistance, Department of Community
Services and Development, for assistance to individuals and payments
to
service providers, payable from the Federal Trust Fund . . .
154,536,000
Schedule:
(1) 20-Energy Programs . . . 92,404,000
(2) 40-Community Services . . . 62,132,000
Provisions:
1. On a federal fiscal year basis, the department shall make the
following
program allocations for the community services block grant as a
percentage of the total block grant:
(a) Discretionary . . . 5 percent
(b) Migrant and seasonal farmworkers . . . 10 percent
(c) Native American Indian programs . . . 3.9 percent
(d) Community action agencies and rural community services . . .
76.1
percent
All grantees under the community services block grant program
are
subject to standard state contracting procedures required under the
program.
2. Funds scheduled in Item 4700-101-0890 may be transferred to
Item
4700-001-0890 for the administration of the Low Income Home Energy
Assistance Program, subject to approval of the Department of Finance.
3. Any unexpended federal funds from Item 4700-101-0890 of the
Budget Act of 2004 (Ch. 208, Stats. 2004), shall be in augmentation
of
Item 4700-101-0890 of this act and are not subject to the provisions
of
Section 28.00. These funds shall be used for local assistance for the
programs for which they were originally budgeted.
5160-001-0001--For support of Department of Rehabilitation . . .
44,850,000
Schedule:
(1) 10-Vocational Rehabilitation Services . . . 328,789,000
(2) 30-Support of Community Facilities . . . 4,011,000
(3) 40.01-Administration . . . 25,643,000
(4) 40.02-Distributed Administration . . . -25,643,000
(5) 97.20.0001-Unallocated Reduction . . . -162,000
(6) Reimbursements . . . -7,900,000
(7) Amount payable from the Vending Stand Fund (Item
5160-001-0600) . . . -3,447,000
(8) Amount payable from the Federal Trust Fund (Item 5160-0010890)
.
. . -276,246,000
(9) Amount payable from the Mental Health Services Fund (Item
5160-001-3085) . . . -195,000
Provisions:
1. Upon order of the Director of Finance, the Controller shall
transfer
such funds as are necessary between this item and Item 4300-101-0001
to provide for the transportation costs to and from work activity
programs of clients who are receiving vocational rehabilitation
services
through the Vocational Rehabilitation/Work Activity Program (VR/WAP)
transition program.
2. The Department of Rehabilitation shall maximize its use of
certified time
as a match for federal vocational rehabilitation funds. To the extent
that
certified time is available, it shall be used in lieu of the General
Fund
moneys.
3. Upon order of the Director of Finance, the Controller shall
transfer the
General Fund share of budgeted client costs as necessary between this
item and Item 4300-101-0001 to provide for the net transfer of
clients,
resulting from program closures, between the Department of
Rehabilitation and the Department of Developmental Services. The
amount transferred shall be based on the amount budgeted per client
by
each department for the remainder of the fiscal year.
5160-001-0600--For support of Department of Rehabilitation, for
payment to Item 5160-001-0001, payable from the Vending Stand Fund
. . . 3,447,000
5160-001-0890--For support of Department of Rehabilitation, for
payment to Item 5160-001-0001, payable from the Federal Trust Fund .
. . 276,246,000
Provisions:
1. The amount appropriated in this item that is payable from
federal
Social Security Act funds for vocational rehabilitation services for
SSI/SSDI recipients shall be expended only to the extent that funds
received exceed the amount appropriated by Item 5160-101-0890 that
is payable from the federal Social Security Act funds. It is the
intent of the
Legislature that first priority of federal Social Security Act
funding be
given to independent living centers in the amount of federal Social
Security Act funding appropriated by Item 5160-101-0890.
5160-001-3085--For support of Department of Rehabilitation, for
payment to Item 5160-001-0001, payable from the Mental Health
Services Fund . . . 195,000
Provisions:
1. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appropriated for administration pursuant to
subdivision (d) of Section 5892 of the Welfare and Institutions Code.
5160-101-0890--For local assistance, Department of Rehabilitation,
payable from the Federal Trust Fund . . . 15,736,000
Schedule:
(1) 30-Support of Community Facilities . . . 15,736,000
5170-001-0001--For support of State Independent Living Council . .
. 0
Schedule:
(1) 10-State Council Services . . . 473,000
(2) Reimbursements . . . -473,000
5175-001-0001--For support of Department of Child Support Services
.
. . 16,978,000
Schedule:
(1) 10-Child Support Services . . . 51,651,000
(2) 97.20.001-Unallocated Reduction . . . -172,000
(3) Reimbursements . . . -123,000
(4) Amount payable from the Federal Trust Fund (Item 5175-0010890)
.
. . -34,378,000
Provisions:
1. By January 10, 2006, the Department of Child Support Services
shall
report in writing to the chairperson of the committee in each house
of the
Legislature that considers appropriations, and the Chairperson of the
Joint Legislative Budget Committee, on the activities and
cost-effectiveness of the Child Support Full Collection Program
positions.
The report shall describe any changes in the activities of these
positions to
increase collections and the current and anticipated collections
attributed
to these positions, case inventory per position, and collections per
case
and per position.
5175-001-0890--For support of Department of Child Support
Services,
for payment to Item 5175-001-0001, payable from the Federal Trust
Fund . . . 34,378,000
5175-002-0001--For support of Department of Child Support Services
.
. . 26,075,000
Schedule:
(1) 10-Child Support Services . . . 82,851,000
(2) 97.20.001-Unallocated Reduction . . . -334,000
(3) Amount payable from the Federal Trust Fund (Item
5175-002-0890)
. . . -56,442,000
Provisions:
1. Funds in this item shall be used for contracts and interagency
agreements in the child support program, unless otherwise authorized
by
the Department of Finance no sooner than 30 days after providing
notification in writing to the chairperson of the fiscal committee of
each
house of the Legislature and the Chairperson of the Joint Legislative
Budget Committee, or no sooner than such lesser time as the
chairperson
of the committee, or his or her designee, may in each instance
determine.
2. Notwithstanding any other provision of law, the Department of
Finance
may augment this item to reimburse the Judicial Council for the
increased
costs associated with salary adjustments for child support
commissioners
and family law facilitators pursuant to Section 70141(e) of the
Government Code, in the event such salary adjustments are provided to
superior court judges, no sooner than 30 days after notification in
writing
of the necessity therefor to the chairperson of the committee in each
house of the Legislature that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the Chairperson of the Joint Legislative
Budget
Committee, or his or her designee, may in each instance determine.
3. By January 10, 2006, the Department of Child Support Services
shall
report in writing to the chairpersons of the committees in each house
of
the Legislature that consider appropriations, and the Chairperson of
the
Joint Legislative Budget Committee, on the activities and
cost-effectiveness of the Child Support Full Collection Program
positions. The report shall describe any changes in the activities of
these
positions to increase collections, and the current and anticipated
collections attributed to these positions, case inventory per
position, and
collections per case and per position.
5175-002-0890--For support of Department of Child Support
Services,
for payment to Item 5175-002-0001, payable from the Federal Trust
Fund . . . 56,442,000
Provisions:
1. Provisions 1 and 2 of Item 5175-002-0001 also apply to this
item.
5175-101-0001--For local assistance, Department of Child Support
Services . . . 470,649,000
Schedule:
(1) 10-Child Support Services . . . 1,267,937,000
(a) 10.01-Child Support Administration . . . 1,090,145,000
(b) 10.03-Child Support Automa- tion . . . 177,792,000
(2) Amount payable from the Federal Trust Fund (Item 5175-1010890)
.
. . -501,920,000
(3) Amount payable from the Child Support Collections Recovery
Fund
(Item 5175-101-8004) . . . -295,368,000
Provisions:
1. No funds appropriated in this item shall be encumbered unless
every
rule or regulation adopted and every child support services letter or
similar instruction issued by the Department of Child Support
Services
that adds to the costs of the child support program is approved by
the
Department of Finance as to the availability of funds before it
becomes
effective. In making the determination as to availability of funds to
meet
the expenditures of a rule, regulation, or child support services
letter that
would increase the costs of the program, the Department of Finance
shall
consider the amount of the proposed increase on an annualized basis,
the
effect the change would have on the expenditure limitations for the
program set forth in this act, the extent to which the rule,
regulation, or
child support services letter constitutes a deviation from the
premises
under which the expenditure limitations were prepared, and any
additional
factors relating to the fiscal integrity of the program or the state'
s fiscal
situation.
Notwithstanding Section 28.00 of this act, the availability of
funds
contained in this item for child support program rules, regulations,
or child
support services letters that add to program costs funded from the
General Fund in excess of $500,000 on an annual basis, including
those
that are the result of federal regulations but excluding those that
are
(a) specifically required as a result of the enactment of a federal
or state
law, or
(b) included in the appropriation made by this act, shall not be
approved
by the Department of Finance sooner than 30 days after notification
in
writing of the necessity therefor to the chairpersons of the
committees in
each house that consider appropriations and the Chairperson of the
Joint
Legislative Budget Committee, or such lesser time as the chairperson
of
the committee, or his or her designee, may in each instance
determine.
Funds appropriated in this item are for the child support program
consisting of state and federal statutory law, regulations, and court
decisions, if funds necessary to carry out those decisions are
specifically
appropriated in this act.
2. Notwithstanding any other provision of law, a loan not to
exceed
$136,000,000 shall be made available from the General Fund, from
funds
not otherwise appropriated, to cover the federal share of costs of
the
program when the federal funds have not been received by this state
prior
to the usual time for transmitting that federal share to the counties
of this
state or to cover the federal share of child support collections for
which
the federal funds have been reduced prior to the collections being
received from the counties. This loan from the General Fund shall be
repaid when the federal share of costs for the program becomes
available
or when the collections are received from the counties.
3. The Department of Finance may authorize the establishment of
positions and transfer of amounts from this item to Item
5175-001-0001
in order to allow the state to perform the functions or oversee the
functions of the local child support agency in the event a county
fails to
perform that function or is out of compliance with state performance
standards.
4. It is the intent of the Legislature that the California Child
Support
Automation Project receive the highest commitment and priority of all
of
the state's child support automation activities.
5. Of the amount appropriated in this item, $5,890,000 shall be
available
for approving funding for county-specific automation projects for the
enhancements to existing county child support automation systems and
for
transitioning counties from existing legacy systems to one of the two
selected consortia systems. The funds subject to this provision shall
be
available for expenditure by the Department of Child Support Services
until June 30, 2007.
6. Of the amount appropriated in this item, the $5,890,000
allocated for
enhancements to the existing county child support automation systems
shall not be expended until the Department of Finance approves the
Advance Planning Document that is submitted to the federal
Administration of Children and Families. In the event that any
proposed
enhancements are not approved for federal financial participation,
the
Department of Child Support Services shall submit a revised plan to
the
Department of Finance detailing how it will re
prioritize projects to remain within existing General Fund
expenditure
authority.
5175-101-0890--For local assistance, Department of Child Support
Services, for payment to Item 5175-101-0001, payable from the Federal
Trust Fund . . . 501,920,000
Provisions:
1. Provisions 1 and 5 of Item 5175-101-0001 also apply to this
item.
2. The Department of Finance may authorize the establishment of
positions and transfer of amounts from this item to Item
5175-001-0890
in order to allow the state to perform the functions or oversee the
functions of the local child support agency in the event a county
fails to
perform that function or is out of compliance with state performance
standards.
3. Upon request of the Department of Child Support Services, the
Department of Finance may increase or decrease the expenditure
authority in this item pursuant to the provisions of Section 28.00 of
this
act to offset any increases or decreases in collections deposited in
the
Child Support Collections Recovery Fund and appropriated in Item
5175-101-8004.
4. Of the amount appropriated in this item, $20,000,000 is for the
purpose of providing a federal match to voluntary county
contributions to
the Child Support Program. Any county requesting an augmentation of
federal funds for local assistance must enter into an agreement with
the
Department of Child Support Services that sets forth the amount of
augmented federal funds to be received and payment terms, including a
provision holding the county responsible for 10 percent of any
additional
federal penalty costs that might result from this increased spending.
5175-101-8004--For local assistance, Department of Child Support
Services, for payment to Item 5175-101-0001, payable from the Child
Support Collections Recovery Fund . . . 295,368,000
Provisions:
1. Notwithstanding any other provision of law, the Director of
Finance
may increase or decrease this appropriation, for the purposes of
Section
17702.5 of the Family Code, not sooner than 30 days after
notification in
writing of the necessity thereof is provided to the Chairperson of
the Joint
Legislative Budget Committee and the chairperson of the committee in
each house of the Legislature that considers appropriations, or not
sooner
than whatever lesser time as the Chairperson of the Joint
Legislative
Budget Committee, or his or her designee, may in each instance
determine. Adjustments to expenditure authority shall be consistent
with
those made pursuant to Provision 4 of Item 5175-101-0890.
5180-001-0001--For support of Department of Social Services . . .
78,630,000
Schedule:
(1) 16-Welfare Programs . . . 66,252,000
(2) 25-Social Services and Licensing . . . 139,798,000
(3) 35-Disability Evaluation and Other Services . . . 245,993,000
(6) 60.01-Administration . . . 45,631,000
(7) 60.02-Distributed Administration . . . -45,631,000
(8) 97.20.001-Unallocated Reduction . . . -8,202,000
(9) Reimbursements . . . -25,321,000
(10) Amount payable from Foster Family Home and Small Family Home
Insurance Fund (Item 5180-001-0131) . . . -2,195,000
(11) Amount payable from the Federal Trust Fund (Item
5180-0010890)
. . . -337,180,000
(12) Amount payable from the Mental Health Services Fund (Item
5180-001-3085) . . . -515,000
Provisions:
1. The Department of Finance may authorize the transfer of funds
from
Schedule (2) of this item to Schedule (1), Program 25.30, of Item
5180-151-0001, Children and Adult Services and Licensing, in order to
allow counties to perform the facilities evaluation function.
2. The Department of Finance may authorize the transfer of funds
from
Schedule (2) of this item to Schedule (1), Program 25.30, of Item
5180-151-0001, Children and Adult Services and Licensing, in order to
allow counties to perform the adoptions program function.
3. Nonfederal funds appropriated in this item which have been
budgeted
to meet the state's Temporary Assistance for Needy Families
maintenance-of-effort requirement established pursuant to the federal
Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (P.L. 104-193) may not be expended in any way that would cause
their disqualification as a federally allowable maintenance-of-effort
expenditure.
4. Notwithstanding paragraph (4) of subdivision (b) of Section
1778 of
the Health and Safety Code, the State Department of Social Services
may use no more than 20 percent of the fees collected pursuant to
Chapter 10 (commencing with Section 1770) of Division 2 of the Health
and Safety Code for overhead costs, facilities operation, and
indirect
department costs.
5. It is the intent of the Legislature to provide sufficient
funding to ensure
that electronic benefit transfer state administrative hearings are
conducted
to meet statutory timeframes. Notwithstanding the 30-day notice
requirement set forth in subdivision (d) of Section 28.00 of this
act, upon
request by the Department of Social Services, the Department of
Finance
may augment expenditure authority in this item to fund increased
costs
associated with the state administrative hearing process at the time
the
request is made. Concurrent with the Department of Finance approval,
written notification shall be provided to the Chairperson of the
Joint
Legislative Budget Committee and the chairperson of the committee in
each house that considers appropriations.
6. Expenditures incurred by the Department of Social Services for
its
implementation of Chapter 669, Statutes of 2002 (SB 646) shall not
exceed the amount of revenue collected from charging substitute child
care employee registries an administrative fee for participation
pursuant to
Section 1522.02 of the Health and Safety Code.
5180-001-0131--For support of Department of Social Services, for
payment to Item 5180-001-0001, for claim payments and the operation
and maintenance of the Foster Family Home and Small Family Home
Insurance Fund . . . 2,195,000
Provisions:
1. The Department of Finance is authorized to approve expenditures
from
the unexpended balance available from prior years' appropriations in
the
Foster Family Home and Small Family Home Insurance Fund during the
2005-06 fiscal year, in those amounts made necessary by increases in
either the payment of claims or the costs of operating and
maintaining the
Foster Family Home and Small Family Home Insurance Fund, which are
within or in excess of amounts appropriated in this act for that
year.
If the Department of Finance determines that the estimate of
expenditures will exceed the expenditures authorized for the 2005-06
fiscal year, the department shall notify the Legislature. Upon
notification
the amount of the limitation for the 2005-06 fiscal year shall be
increased
by the amount of such excess from the unexpended balance available
from prior years' appropriations in the Foster Family Home and Small
Family Home Insurance Fund.
5180-001-0270--For support of Department of Social Services,
payable
from the Technical Assistance Fund . . . 23,955,000
5180-001-0271--For support of Department of Social Services,
payable
from the Certification Fund . . . 1,187,000
5180-001-0279--For support of Department of Social Services,
payable
from the Child Health and Safety Fund . . . 1,366,000
5180-001-0803--For support of Department of Social Services,
payable
from the State Children's Trust Fund . . . 160,000
5180-001-0890--For support of Department of Social Services, for
payment to Item 5180-001-0001, payable from the Federal Trust Fund .
. . 337,180,000
Provisions:
1. The Department of Finance may authorize the transfer of federal
funds
from this item to Item 5180-151-0890 in order to allow counties to
perform the adoption program functions, and the facilities evaluation
function in Community Care Licensing in the Department of Social
Services.
2. Provision 5 of Item 5180-001-0001 also applies to this item.
5180-001-3085--For support of Department of Social Services, for
payment to Item 5180-001-0001, payable from the Mental Health
Services Fund . . . 515,000
Provisions:
1. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appropriated for administration pursuant to
subdivision (d) of Section 5892 of the Welfare and Institutions Code.
5180-011-0001--For transfer by the Controller to the Foster Family
Home and Small Family Home Insurance Fund . . . 1,229,000
Provisions:
1. Provision 1 of Item 5180-001-0131 also applies to this item.
5180-011-0279--For transfer by the Controller from the Child
Health
and Safety Fund to the State Children's Trust Fund . . . 68,000
5180-011-0890--For transfer by the Controller from the Federal
Trust
Fund to the Foster Family Home and Small Family Home Insurance Fund
. . . 966,000
Provisions:
1. Provision 1 of Item 5180-001-0131 also applies to this item.
5180-101-0001--For local assistance, Department of Social
Services . .
. 2,643,493,000
Schedule:
(1) 16.30-CalWORKs . . . 4,979,156,000
(2) 16.65-Other Assistance Payments . . . 1,553,495,000
(3) Reimbursements . . . -4,066,000
(4) Amount payable from the Emergency Food Assistance Program Fund
(Item 5180-101-0122) . . . -442,000
(5) Amount payable from the Employment Training Fund (Item
5180-101-0514) . . . -37,930,000
(6) Amount payable from the Federal Trust Fund (Item 5180-1010890)
.
. . -3,846,720,000
Provisions:
1. No funds appropriated in this item shall be encumbered unless
every
rule or regulation adopted and every all-county letter issued by the
Department of Social Services that adds to the costs of any program
is
approved by the Department of Finance as to the availability of funds
before it becomes effective. In making the determination as to
availability
of funds to meet the expenditures of a rule, regulation, or
all-county letter
that would increase the costs of a program, the Department of Finance
shall consider the amount of the proposed increase on an annualized
basis, the effect the change would have on the expenditure
limitations for
the program set forth in this act, the extent to which the rule,
regulation, or
all-county letter constitutes a deviation from the premises under
which the
expenditure limitations were prepared, and any additional factors
relating
to the fiscal integrity of the program or the state's fiscal
situation.
Notwithstanding Sections 28.00 and 28.50 of this act, the
availability of
funds contained in this item for rules, regulations, or all-county
letters that
add to program costs funded from the General Fund in excess of
$500,000 on an annual basis, including those that are the result of a
federal regulation but excluding those that are (a) specifically
required as
a result of the enactment of a federal or state law, or (b) included
in the
appropriation made by this act, shall not be approved by the
Department
of Finance sooner than 30 days after notification in writing of the
necessity therefor to the chairperson of the committee in each house
that
considers appropriations and the Chairperson of the Joint Legislative
Budget Committee, or such lesser time as the chairperson of the
committee, or his or her designee, may in each instance determine.
2. Notwithstanding Chapter 1 (commencing with Section 18000) of
Part
6 of Division 9 of the Welfare and Institutions Code, a loan not to
exceed
$500,000,000 shall be made available from the General Fund, from
funds
not otherwise appropriated, to cover the federal share of costs of a
program(s) when the federal funds have not been received by this
state
prior to the usual time for transmitting that federal share to the
counties of
this state. This loan from the General Fund shall be repaid when the
federal share of costs for the program or programs becomes available.
3. The Department of Finance may authorize the transfer of amounts
from
this item to Item 5180-001-0001 in order to fund the costs of the
administrative hearing process associated with changes in aid
payments in
the CalWORKs program.
4. The Department of Finance is authorized to approve expenditures
in
those amounts made necessary by changes in either caseload or
payments, or any rule or regulation adopted and any all-county letter
issued as a result of the enactment of a federal or state law, the
adoption
of a federal regulation, or the following of a court decision, during
the
2005-06 fiscal year that are within or in excess of amounts
appropriated
in this act for that year.
If the Department of Finance determines that the estimate of
expenditures will exceed the expenditures authorized for this item,
the
department shall so report to the Legislature. At the time the report
is
made, the amount of the limitation shall be increased by the amount
of
the excess unless and until otherwise provided by law.
5. Nonfederal funds appropriated in this item which have been
budgeted
to meet the state's Temporary Assistance for Needy Families
maintenance-of-effort requirement established pursuant to the federal
Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (P.L. 104-193) may not be expended in any way that would cause
their disqualification as a federally allowable maintenance-of-effort
expenditure.
6. In the event of declared disaster and upon county request, the
State
Department of Social Services may act in the place of any county and
assume direct responsibility for the administration of eligibility
and grant
determination. Upon recommendation of the Director of Social
Services,
the Department of Finance may authorize the transfer of funds from
Items 5180-101-0001 and 5180-101-0890, to Items 5180-001-0001
and 5180-001-0890, for this purpose.
7. Pursuant to the Electronic Benefit Transfer (EBT) Act (Chapter
3
(commencing with Section 10065) of Part 1 of Division 9 of the
Welfare
and Institutions Code) and in accordance with the EBT System
regulations (Manual of Policies and Pro-cedures Section 16-401.15),
in
the event a county fails to reimburse the EBT contractor for
settlement of
EBT transactions made against the county's cash assistance programs,
the
state is required to pay the contractor. The Department of Social
Services may use funds from this item to reimburse the EBT contractor
for settlement on behalf of the county. The county shall be required
to re
imburse the Department of Social Services for county's settlement via
direct payment or administrative offset.
5180-101-0122--For local assistance, Department of Social
Services,
for payment to Item 5180-101-0001, payable from the Emergency Food
Assistance Program Fund . . . 442,000
5180-101-0514--For local assistance, Department of Social
Services,
for payment to Item 5180-101-0001, payable from the Employment
Training Fund . . . 37,930,000
5180-101-0890--For local assistance, Department of Social
Services,
for payment to Item 5180-101-0001, payable from the Federal Trust
Fund . . . 3,846,720,000
Provisions:
1. Provisions 1, 4, 6, and 7 of Item 5180-101-0001 also apply to
this
item.
2. The Director of Finance may authorize the transfer of amounts
from
this item to Item 5180-001-0890 in order to fund the costs of the
administrative hearing process associated with changes in aid
payments in
the CalWORKs program.
3. The State Department of Social Services may transfer up to
$10,000,000 of the funds appropriated in this item for Program
16.30--CalWORKs, from the Temporary Assistance to Needy Families
(TANF) block grant to the Social Services Block Grant
(Title XX) pursuant to authorization in the federal Personal
Responsibility
and Work Opportunity Reconciliation Act of 1996 (Public Law
104-193). The Title XX funds shall be pooled with TANF funds
appropriated in this item for CalWORKs Child Care, for the purpose of
broadening access to federal Child and Adult Care Food Program
benefits for low-income children in proprietary child care centers.
This
transfer shall occur only if the Director of Finance approves the
pooling of
Title XX funds with Child Care and Development Fund and/or TANF
funds.
4. Upon request of the Department of Social Services, the Director
of
Finance may increase or decrease the expenditure authority in this
item
pursuant to the provisions of Section 28.00 of this act to offset any
increases or decreases in collections deposited in the Child Support
Collections Recovery Fund and appropriated in Item 5180-101-8004.
5180-101-8004--For local assistance, Department of Social
Services,
Program 16.65 Other Assistance Payments, payable from the Child
Support Collections Recovery Fund . . . 14,264,000
Provisions:
1. Notwithstanding any other provision of law, upon request by the
Department of Social Services, the Department of Finance may increase
or decrease this appropriation, for the purposes of Section 17702.5
of
the Family Code, no sooner than 30 days after notification in writing
of
the necessity thereof, is provided to the Chairperson of the Joint
Legislative Budget Committee and the chairperson of the committee in
each house of the Legislature that considers appropriations, unless
the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, imposes a lesser time. Adjustments to expenditure authority
shall be consistent with those made pursuant to Provision 4 of Item
5180-101-0890.
5180-111-0001--For local assistance, Department of Social
Services . .
. 4,807,350,000
Schedule:
(1) 16.70-SSI/SSP . . . 3,572,952,000
(2) 25.15-IHSS . . . 3,762,122,000
(3) Reimbursements . . . -2,527,724,000
Provisions:
1. Provisions 1 and 4 of Item 5180-101-0001 also apply to this
item.
2. Notwithstanding Chapter 1 (commencing with Section 18000) of
Part
6 of Division 9 of the Welfare and Institutions Code, a loan not to
exceed
$195,000,000 shall be made available from the General Fund from funds
not otherwise appropriated, to cover the federal share or
reimbursable
share, or both, of costs of a program(s) when the federal funds or
reimbursements (from the Health Care Deposit Fund or counties) have
not been received by this state prior to the usual time for
transmitting
payments for the federal or reimbursable share of costs for this
state. That
loan from the General Fund shall be repaid when the federal share of
costs for the program(s) becomes available, or in the case of
reimbursements, subject to Section 16351 of the Government Code.
County reimbursements also shall be subject to Section 16314 of the
Government Code, which specifies the rate of interest. The department
may offset a county's share of cost of the In-Home Supportive
Services
(IHSS) program against local assistance payments made to the county
if
the county fails to reimburse its share of cost of the IHSS program
to the
state.
3. The State Department of Social Services shall provide technical
assistance to counties to ensure that they maximize the receipt of
federal
funds for the IHSS program, without compromising the quality of the
services provided to IHSS recipients.
4. Funds appropriated in this item for the management, including,
as
needed, procurement, design, development, testing, implementation,
and
oversight of the Case Management Information and Payrolling System
(CMIPS) project shall be transferred to Item 0530-001-9732 upon
order of the Department of Finance.
5180-141-0001--For local assistance, Department of Social Services
. .
. 424,392,000
Schedule:
(1) 16.75-County Administration and Automation Projects . . .
1,050,018,000
(2) Reimbursements . . . -55,809,000
(3) Amount payable from the Federal Trust Fund (Item 5180-1410890)
.
. . -569,817,000
Provisions:
1. Notwithstanding Chapter 1 (commencing with Section 18000) of
Part
6 of Division 9 of the Welfare and Institutions Code, a loan not to
exceed
$127,000,000 shall be made available from the General Fund, from
funds
not otherwise appropriated, to cover the federal share of costs of a
program(s) when the federal funds have not been received by this
state
prior to the usual time for transmitting that federal share to the
counties of
this state. This loan from the General Fund shall be repaid when the
federal share of costs for the program or programs becomes available.
2. In the event of declared disaster and upon county request, the
State
Department of Social Services may act in the place of any county and
assume direct responsibility for the administration of eligibility
and grant
determination. Upon recommendation of the Director of Social
Services,
the Department of Finance may authorize the transfer of funds from
Items
5180-141-0001 and 5180-141-0890, to Items 5180-001-0001 and
5180-001-0890, for this purpose.
3. Provision 1 of Item 5180-101-0001 also applies to this item.
4. Pursuant to public assistance caseload estimates reflected in
the annual
Governor's Budget, the Department of Finance may approve
expenditures in those amounts made necessary by changes in caseload
that are in excess of amounts appropriated in this act. If the
Department
of Finance determines that the estimate of expenditures will exceed
the
expenditures authorized for this item, the department shall so report
to the
Legislature. At the time the report is made, the amount of the
limitation
shall be increased by the amount of the excess unless and until
otherwise
provided by law.
5. Nonfederal funds appropriated in this item which have been
budgeted
to meet the state's Temporary Assistance for Needy Families
maintenance-of-effort requirement established pursuant to the federal
Personal Responsibility and Work
Opportunity Reconciliation Act of
1996 (P.L. 104-193) may not be expended in any way that would cause
their disqualification as a federally allowable maintenance-of-effort
expenditure.
6. Section 11.00 of this act shall apply to contracts entered into
for the
development and implementation of the Consortium IV, Interim
Statewide Automated Welfare System, Los Angeles Eligibility,
Automated Determination, Evaluation, and Reporting, and Welfare
Client Data Systems consortia of the Statewide Automated Welfare
System.
7. Funds appropriated in this item for the management, including,
as
needed, procurement, design, development, testing, implementation,
and
oversight, of the following projects shall be transferred to Item
0530-001-9732 upon order of the Department of Finance:
(a) Statewide Automated Welfare System (SAWS)
(b) Electronic Benefit Transfer (EBT)
(c) Statewide Fingerprint Imaging System (SFIS)
5180-141-0890--For local assistance, Department of Social
Services,
for payment to Item 5180-141-0001, payable from the Federal Trust
Fund . . . 569,817,000
Provisions:
1. Provisions 2, 3, 4, 6, and 7 of Item 5180-141-0001 also apply
to this
item.
5180-151-0001--For local assistance, Department of Social Services
. .
. 764,894,000
Schedule:
(1) 25.30-Children and Adult Services and Licensing . . .
2,221,743,000
(2) 25.35-Special Programs . . . 21,601,000
(3) Reimbursements . . . -92,408,000
(4) Amount payable from the Child Health and Safety Fund (Item
5180-151-0279) . . . -615,000
(5) Amount payable from the State Children's Trust Fund (Item
5180-151-0803) . . . -2,679,000
(6) Amount payable from the Federal Trust Fund (Item 5180-1510890)
.
. . -1,382,198,000
(7) Amount payable from the Child Welfare Services Program
Improvement Fund (Item 5180-151-8023) . . . -550,000
Provisions:
1. Provision 1 of Item 5180-101-0001 also applies to this item.
2. Notwithstanding Chapter 1 (commencing with Section 18000) of
Part
6 of Division 9 of the Welfare and Institutions Code, a loan not to
exceed
$50,000,000 shall be made available from the General Fund from funds
not otherwise appropriated, to cover the federal share of costs of a
program(s) when the federal funds have not been received by this
state
prior to the usual time for transmitting that federal share to the
counties of
this state. That loan from the General Fund shall be repaid when the
federal share of costs for the program(s) becomes available.
3. The Department of Finance may authorize the establishment of
positions and transfer of amounts from this item to Item
5180-001-0001,
in order to allow the state to perform the facilities evaluation
function of
Community Care Licensing in the event the counties fail to perform
that
function.
4. Nonfederal funds appropriated in this item which have been
budgeted
to meet the state's Temporary Assistance for Needy Families
maintenance-of effort requirement established pursuant to the federal
Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (P.L. 104-193) may not be expended in any way that would cause
their disqualification as a federally allowable maintenance-of-effort
expenditure.
5. The Department of Finance may authorize the establishment of
positions and transfer of amounts from this item to Item
5180-001-0001,
in order to allow the state to perform the adoptions function in the
event
that a county notifies the Department of Social Services that it
intends to
cease performing that function.
6. Of the amount appropriated in this item, $90,715,000 shall be
provided to counties to fund additional child welfare service
activities and
shall be allocated based on child welfare services caseload and
county
unit costs. However, no county shall receive less than $100,000.
These
funds shall be expressly targeted for emergency response, family
reunification, family maintenance and permanent placement services
and
shall be used to supplement, and shall not be used to supplant, child
welfare services funds. A county is not required to provide a match
of the
funds received pursuant to this provision if the county appropriates
the
required full match for the county's child welfare services program
exclusive of the funds received pursuant to this provision. These
funds are
available only to counties that have certified that they are fully
utilizing the
Child Welfare Services/Case Management System (CWS/CMS) or have
entered into an agreed-upon plan with the State Department of Social
Services outlining the steps that will be taken to achieve full
utilization.
The department shall reallocate any funds that counties choose not to
accept under this provision, to other counties based on the
allocation
formula specified in this provision.
The department, in collaboration with the County Welfare
Directors
Association and representatives from labor groups representing social
workers, shall develop the definition of full utilization of the
CWS/CMS,
the method for measuring full utilization, the process for the state
and
counties to work together to move counties toward full utilization,
and
measurements of progress toward full utilization.
7. The Department of Social Services shall consult with the
counties,
children's advocates, and current and former foster youth in the
development and implementation of permanency and youth services
initiatives.
8. Funds appropriated in this item for the management, including,
as
needed, procurement, design, development, testing, implementation,
and
oversight, of the Child Welfare Services/Case Management System
(CWS/CMS) project shall be transferred to Item 0530-001-9732 upon
order of the Department of Finance.
5180-151-0279--For local assistance, Department of Social
Services,
for payment to Item 5180-151-0001, payable from the Child Health and
Safety Fund . . . 615,000
5180-151-0803--For local assistance, Department of Social
Services,
payable from the State Children's Trust Fund . . . 2,679,000
5180-151-0890--For local assistance, Department of Social
Services,
for payment to Item 5180-151-0001, payable from the Federal Trust
Fund . . . 1,382,198,000
Provisions:
1. Provisions 1, 3, 5, 6, and 8 of Item 5180-151-0001 also apply
to this
item.
5180-151-8023--For local assistance, Department of Social
Services,
payable from the Child Welfare Services Program Improvement Fund . .
. 550,000
5180-402--The Director of Finance is authorized to approve
transfers of
$407,642,000 from the federal Temporary Assistance for Needy
Families (TANF) block grant to the Child Care and Development Fund
(CCDF) administered by the State Department of Education, and the
entire amount so transferred shall be used for CalWORKs local
assistance Stage 2 child care. The moneys transferred to the
Department
of Education shall be used only for direct services to Stage 2 child
care
recipients, and the Department of Education shall use other existing
funds
available for child care quality expenditures to meet the 4 percent
quality
requirement of federal law associated with CCDF expenditures. Prior
to
any fund transfers from TANF to the CCDF, the Department of
Education shall certify that the transfer will not require additional
quality
expenditures beyond the existing expenditures. Should additional
quality
expenditures be required as a result of a transfer pursuant to this
provision, these transfers shall become TANF funds and shall not be
transferred to the CCDF. In the event of a TANF transfer pursuant to
this item, the Department of Education shall comply with existing
TANF
and CalWORKs regulations and reporting requirements.
Provisions:
1. Upon request from the State Department of Education, and upon
approval by the Director of Finance, the State Department of Social
Services is authorized to transfer up to $10,000,000 from the
federal
Temporary Assistance to Needy Families (TANF) block grant to the
Social Services Block Grant (Title XX) pursuant to authorization in
the
federal Personal Responsibility and Work Opportunity Reconciliation
Act
of 1996 (P.L. 104-193). These funds shall be provided to the State
Department of Education, to be pooled with moneys in the CCDF,
TANF, or both, for the purpose of broadening access to federal Child
and Adult Care Food Program benefits for low-income children in
proprietary child care centers. The total amount to be transferred
to the
State Department of Education from Title XX and TANF combined shall
not exceed $407,642,000. In the event Title XX funds are provided to
the State Department of Education pursuant to this provision, the
State
Department of Education shall comply with all Title XX regulations
and
reporting requirements. The Department of Finance shall provide
written
notification to the chairpersons of the fiscal committees of each
house of
the Legislature and the Chairperson of the Joint Legislative Budget
Committee at the time of the transfer.
5180-403--The Director of Finance is authorized to approve
transfers
not to exceed $162,976,000 from the federal Temporary Assistance for
Needy Families (TANF) block grant to and in augmentation of any
program for which TANF funds have been appropriated in this act, only
if the request (1) meets all of the conditions set forth in Section
28.00 of
this act, or (2) is consistent with Provision 4 of Item
5180-101-0001.
Any transfers pursuant to this paragraph shall require the respective
legislative notification procedures set forth in Section 28.00 of
this act or
Provision 4 of Item 5180-101-0001, whichever is applicable.
5180-491--Reappropriation, Department of Social Services.
Notwithstanding any other provision of law, the balance of the funds
for
the appropriations provided in the following citations is
reappropriated for
expenditure pursuant to Provision 1 and is available for encumbrance
or
expenditure until June 30, 2006:
0001--General Fund
(1) Item 5180-111-0001, Budget Act of 2004 (Ch.208, Stats. 2004)
(2) Item 5180-141-0001, Budget Act of 2004 (Ch.208, Stats. 2004)
(3) Item 5180-151-0001, Budget Act of 2004 (Ch.208, Stats. 2004)
0890--Federal Trust Fund
(1) Item 5180-111-0890, Budget Act of 2004 (Ch.208, Stats. 2004)
(2) Item 5180-141-0890, Budget Act of 2004 (Ch.208, Stats. 2004)
(3) Item 5180-151-0890, Budget Act of 2004 (Ch.208, Stats. 2004)
Provisions:
1. It is the intent of this item to continue funding approved
activities for the
automation projects that, due to schedule changes, result in
unexpended
appropriations one year and the need for additional funding in the
following year. Therefore, notwithstanding any other provision of
law, the
balance of the appropriations for these automation projects may, upon
approval of the Department of Finance, be reappropriated for transfer
to
and in augmentation of the corresponding items in this act. The funds
reappropriated by this provision shall be made available consistent
with
the amount approved by the Department of Finance based on an
approved special project report or equivalent document not sooner
than
30 days after providing notification in writing to the chairperson of
the
fiscal committee of each house of the Legislature and the Chairperson
of
the Joint Legislative Budget Committee.
5180-492--Reappropriation, Department of Social Services. The
amounts specified in the appropriations provided for in the following
citations are reappropriated for encumbrance or expenditure pursuant
to
Provision 1 and shall be available until June 30, 2006:
0890--Federal Trust Fund
(1) Item 5180-151-0890, Budget Act of 2004 (Ch. 208, Stats. 2004)
0803--State Children's Trust Fund
(1) Item 5180-151-0803, Budget Act of 2004 (Ch. 208, Stats. 2004)
Provisions:
1. For the 2004-05 fiscal year, no later than 60 days after the
receipt of
fourth quarter claims submitted by the counties, the State Department
of
Social Services, in consultation with the County Welfare Directors
Association (CWDA), shall determine the amount of unspent funds
allocated to the Cohort 1 counties for approved Child Welfare
Services
(CWS) improvement activities. Thereafter, notwithstanding any other
provision of law, the balance of the appropriations for these
improvement
activities, as approved by the Department of Finance, shall be
reappropriated for transfer to and in augmentation of the
corresponding
items in this act. In collaboration with the CWDA, the funds
reappropriated by this provision shall be made available either to
further
improve outcomes in the nonpilot counties, or to supplement funding
for
the Cohort 1 counties to ensure their success with implementation of
the
CWS improvement initiatives.
CORRECTIONS AND REHABILITATION
5225-001-0001--For support of the Department of Corrections and
Rehabilitation . . . 6,623,170,000
Schedule:
(1) 10-Corrections and Rehabilitation Administration . . .
203,126,000
(2) 15-Corrections Standards Authority . . . 5,596,000
(3) 20-Juvenile Operations . . . 169,098,000
(4) 21-Juvenile Education, Vocations and Offender Program . . .
85,848,000
(5) 22-Juvenile Paroles . . . 35,619,000
(6) 23-Juvenile Healthcare . . . 55,976,000
(7) 25-Adult Corrections and Rehabil- itation Operations . . .
4,270,356,000
(8) 30-Parole Operations-Adult . . . 591,195,000
(9) 35-Board of Parole Hearings . . . 78,707,000
(10) 45-Education, Vocations and Offender Program-Adult . . .
238,906,000
(11) 50-Correctional Health Care Services . . . 1,037,722,000
(12) Reimbursements . . . -85,316,000
(13) Amount payable from the Corrections Training Fund (Item
5225-001-0170) . . . -2,486,000
(14) Amount payable from the Federal Trust Fund (Item
5225-001-0890) . . . -4,744,000
(15) Amount payable from the Inmate Welfare Fund (Item
5225-001-0917) . . . -56,433,000
Provisions:
1. Funds appropriated to accommodate projected adult institutional
population levels in excess of those that actually materialize, if
any, shall
revert to the General Fund, except that the Director of Finance may
approve an increase in expenditures that are not related to caseload
for
the Department of Corrections and Rehabilitation through the
redirection
of funding that is reasonably believed not to be needed for
accommodating projected adult institutional population levels if the
approval is made in writing and filed with the Chairperson of the
Joint
Legislative Budget Committee and the chairperson of each house of the
Legislature that considers appropriations not later than 30 days
prior to
the effective date of the approval, or prior to whatever lesser time
the
chairperson of the joint committee, or his or her designee, may in
each
instance determine. All notifications shall include (a) the reason
for the
proposed redirection of caseload funding to expenditures that are not
related to caseload, (b) the approved amount, and (c) the basis of
the
secretary's determination that the funding is not needed for
accommodating projected institutional population levels.
2. Funds appropriated to accommodate projected adult parole
population levels in excess of those that actually materialize, if
any, shall
revert to the General Fund, except that the Director of Finance may
approve an increase in expenditures that are not related to caseload
for
the Department of Corrections and Rehabilitation through the
redirection
of funding that is reasonably believed not to be needed for
accommodating projected adult pa- role population levels if the
approval
is made in writing and filed with the Chairperson of the Joint
Legislative
Budget Committee and the chairperson of each house of the Legislature
that considers appropriations not later than 30 days prior to the
effective
date of the approval, or prior to whatever lesser time the
chairperson of
the joint committee, or his or her designee, may in each instance
determine. All notifications shall include (a) the reason for the
proposed
redirection of caseload, (b) the approved amount, and (c) the basis
of the
director's determination that the funding is not needed for
accommodating
projected adult parole population levels.
3. Any funds recovered as a result of audits of locally operated
return-to-custody centers shall revert to the General Fund.
4. When contracting with counties for vacant jail beds for any
inmate
under the jurisdiction of the Secretary of the Department of
Corrections
and Rehabilitation, the department shall not reimburse counties more
than
the average amount it costs the state to provide the same services in
comparable state institutions. This restriction shall not apply to
any
existing contract, but shall apply to the extension or renewal of
that
contract. In addition, the total operational cost of incarcerating
state
inmates in leased county jail beds (which includes state costs, but
is
exclusive of one-time and capital outlay costs) shall not exceed the
department's average cost for operating comparable institutions.
5. Notwithstanding any other provision of law, but subject to
providing
30 days' prior notification to the Joint Legislative Budget
Committee,
funds appropriated in Schedule (7) or (8), or both, of this item may
be
transferred to Item 5225-101-0001, Schedule (7), upon order of the
Director of Finance, to provide funds for the reimbursement of
counties
for the cost of holding parole violators in local jail.
6. Notwithstanding any other provision of law, upon approval of
the
Department of Finance, the Department of Corrections and
Rehabilitation
may transfer, between Schedules (7), (8), and (11), up to 5 percent
of
the amounts appropriated in these schedules. Any transfer of funds
appropriated in Schedules (7), (8), and (11) exceeding 5 percent may
occur not sooner than 30 days after notification thereof to the
Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the fiscal committees of each house of the
Legislature.
7. The Department of Corrections and Rehabilita- tion shall adjust
the
number of contracted beds with the State Department of Mental Health
necessary to house its offenders as part of its ongoing Coleman
compliance effort. This revision shall be based on actual and
reasonably
projected bed usage, and be included in the Governor's Budget
population-related request and adjusted in the May Revision as
necessary.
8. Not later than 60 days following enactment of this act, and
subsequently on February 10 and upon release of the May Revision, the
Secretary of Corrections and Rehabilitation shall submit to the
Director of
Finance the Post Assignment Schedule for each adult institution,
reconciled to budgeted authority and consistent with approved
programs,
along with allotments consistent with the reconciled Post Assignment
Schedule for each adult institution.
9. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures in this item in excess of the amount
appropriated for purposes of compliance with the Remedial Plan,
adopted in response to the decision in Valdivia v. Davis (E.D.Ca.
2002)
206 F.Supp.2d 1068, and for no other purpose. Any authorization shall
be based upon data that shall be provided by the Department of
Corrections and Rehabilitation on a monthly basis. Information
provided
by the Division of Adult Parole Operations shall include parole
serves and
hearing-related workload, including, at a minimum, the number and
average duration of parole serves performed, the number of parolees
directed into a sanction program prior to a Probable Cause Hearing,
and
the average time from parole hold to serve, to Probable Cause
Hearing,
and to Revocation Hearing. Information provided by the Board of
Parole
Hearings shall include applicable attorney's fees and hearing-related
workload, including, at a minimum, the number of hearings and
associated
time necessary to perform the hearings on a monthly basis. The
Director
of Finance shall not approve any expenditure unless the approval is
made
in writing and filed with the Chairperson of the Joint Legislative
Budget
Committee and the chairperson of the committee in each house of the
Legislature that considers appropriations not later than 30 days
prior to
the effective date of the approval, or prior to whatever lesser time
the
chairperson of the joint committee, or his or her designee, may
determine.
10. Of the funds appropriated in Schedule (3), $31,000 is provided
for
payment of energy service contracts in connection with the issuance
of
Public Works Board Energy Efficiency Revenue Bonds (State Pool
Program), Series 1986A.
11. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures in Schedule (3) in excess of the amount
appropriated for purposes of funding attorney's fees required by the
Farrell v. Allen consent decree. The Director of Finance may not
approve
any expenditure unless approval is made in writing and filed with the
Chairperson of the Joint Legislative Budget Committee and the
chairperson of the committee in each house that considers
appropriations
not later than 30 days prior to the effective date of approval, or
prior to
whatever lesser time the chairperson of the joint committee, or his
or her
designee may determine.
12.5. It is the intent of the Legislature to provide sufficient
funding to
implement the Medical Care Remedial Plan, the Mental Health Remedial
Plan, and the General Ward Safety and Welfare Remedial Plan, which
will be submitted to the court during the 2005-06 fiscal year to
comply
with the consent decree in Farrell v. Allen (Super. Ct. Alameda
County,
2004, No. 03079344). The Legislature hereby directs the Department of
Corrections and Rehabilitation to introduce urgency legislation to
appropriate the funds necessary to implement these remedial plans.
Consistent with this legislation, the Department of Finance shall
provide a
detailed written justification for the requested funding to the
Chairperson
of the Joint Legislative Budget Committee and the chairpersons of the
committees in each house of the Legislature that consider
appropriations.
13. Of the amount appropriated in Schedule (10), $7,500,000 shall
only
be available for expenditure upon approval by the Chairperson of the
Joint Legislative Budget Committee of a plan to expend these funds on
inmate and parolee programs. The plan submitted to the chairperson
shall
detail what programs will be implemented or expanded, the basis for
the
programs selected, and a timetable for implementing or expanding the
programs.
14. Of the amount appropriated in this item, $35,036,000 is to
fill
specified positions held vacant by the Department of Corrections and
Rehabilitation in order to achieve salary savings. The Department of
Finance will release funds to the department for this purpose only
for
those vacancies that the department fills during the fiscal year. Any
unspent funds appropriated for this purpose shall revert to the
General
Fund.
15. Quarterly, beginning on October 1, 2005, the Department of
Corrections and Rehabilitation shall provide to the fiscal committees
of
each house of the Legislature and to the Legislative Analyst's Office
a
report providing an update on the department's progress implementing
recent parole reforms. This report shall cover parole program
expansions
made in the 2003-04 and 2004-05 Budget Acts, including Pre-Release
Program, Police and Corrections Teams, Transitional Case Management
Program for mentally ill parolees, Parole Service Centers, Substance
Abuse Treatment and Control Units, Restitution Program, Substance
Abuse Treatment and Recovery, Residential Multi-Service Center,
Global Positioning Satellite system, the 12-month discharge policy,
and
Comprehensive Community Wrap-Around Services Program. This
report shall include the following information for each program: (a)
identification of progress to date implementing the programs,
including
identifying the number of program slots, the number of program slots
currently filled, and the total number of inmate participants to date
in the
fiscal year, (b) a comparison of current implementation progress to
what
is assumed in the current Budget Act and information explaining any
shortfalls, (c) a comparison of the current implementation progress
to the
prior quarterly report, (d) the department's schedule for further
program
implementation, including the number of slots, location, and date for
each,
(e) identification of any other significant changes to the programs
before
the end of the current fiscal year, (f) the estimated implementation
costs,
(g) the estimated impact of the programs on the institution and
parole
populations, including data on parole violations and revocations by
program participants occurring in the quarter, and (h) the department'
s
policy regarding the criteria for placing an inmate or parolee in the
program.
16. In addition to the funds appropriated in this item, the sum of
$150,000 is hereby appropriated from the General Fund for the
Statewide Offender Management System for the 2005-06 fiscal year.
The appropriation made in this provision is not available unless and
until
the Department of Corrections and Rehabilitation enters into a
contract
for the development of a Statewide Offender Management System
Feasibility Study Report. Upon contract signature, the Department of
Finance may authorize expenditures up to the amount appropriated not
sooner than 30 days after notification to the chairperson of the
budget
committee in each house of the Legislature and to the Chairperson of
the
Joint Legislative Budget Committee.
17. In addition to the funds appropriated in this item, the sum of
$78,000
is hereby appropriated from the General Fund for the Statewide
Offender
Management System for the 2005-06 fiscal year. The appropriation
made in this provision is not available unless and until the
Department of
Corrections and Rehabilitation reports its July 2005 through December
2005 Statewide Offenders Management System accomplishments to the
chairperson of the budget committee in each house of the Legislature
and
to the Chairperson of the Joint Legislative Budget Committee. Upon
the
department's submission of its accomplishments, the Department of
Finance may authorize expenditures up to the amount appropriated not
sooner than 30 days after notification to the chairperson of the
budget
committee in each house of the Legislature and to the Chairperson of
the
Joint Legislative Budget Committee.
18. In addition to the funds appropriated in this item, the sum of
$25,000
is hereby appropriated from the General Fund for the Statewide
Offender
Management System for the 2005-06 fiscal year. The appropriation
made in this provision is not available unless and until the
Department of
Corrections and Rehabilitation reports its January 2006 through March
2006 Statewide Offender Management System accomplishments to the
chairperson of the budget committee in each house of the Legislature
and
to the Chairperson of the Joint Legislative Budget Committee. Upon
the
department's submission of its accomplishments, the Department of
Finance may authorize expenditures up to the amount appropriated not
sooner than 30 days after notification to the chairperson of the
budget
committee in each house of the Legislature and the Chairperson of the
Joint Legislative Budget Committee.
19. Beginning July 2005, the Department of Corrections and
Rehabilitation shall provide on a quarterly basis to the chairperson
of the
budget committees in each house of the Legislature and to the
Chairperson of the Joint Legislative Budget Committee copies of the
monthly status and oversight reports submitted to the Department of
Finance for any information technology projects in the Department of
Corrections and Rehabilitation with a "high risk" rating as
prescribed in
state policy.
20. On or before April 1, 2006, the Department of Finance shall
report in
writing to the chairperson of the budget committee in each house of
the
Legislature and the Chairperson of the Joint Legislative Budget
Committee of its assessment of the Department of Corrections and
Rehabilitation's information technology activities. The assessment
shall
include, but is not limited to, (a) a review of Department of
Corrections
and Rehabilitation's information technology project management
practices
and capabilities compared to Department of Finance's oversight
framework, (b) an evaluation of the Department of Corrections and
Rehabilitation's ability to implement its current information
technology
projects within Department of Finance's approved timeframes and
costs,
and (c) recommendations to the Department of Corrections and
Rehabilitation on how to address the assessment's findings. The
assessment report shall include Department of Corrections and
Rehabilitation's corrective action plan to address the assessment
findings.
21. It is the intent of the Legislature that the state provides
parolee
medications in the most cost-effective manner. In deciding how to
purchase parolee medications, the Department of Corrections and
Rehabilitation, in consultation with the Department of General
Services,
shall consider contracting with a pharmacy benefit manager. The
department shall compare the cost of such options and choose the
lowest
cost options.
22. Of the amount appropriated in this item, $185,000 is for the
collection of DNA samples from inmates who arrive in state prison
without providing a DNA sample in county jail as required by law. If
the
number of incoming inmates who provide DNA samples in prison is
lower than projected, unspent funds appropriated for this purpose
shall
revert to the General Fund.
23. Not later than February 17, 2006, the Secretary of the
Department
of Corrections and Rehabilitation shall submit to the chairpersons
and
vice chairpersons of the Committee on Budget in both houses of the
Legislature and to the Legislative Analyst's Office an operating
budget for
each of the correctional facilities under the control of the
department.
Specifically, the report shall include: (a) year-end expenditures by
program for each institution in 2004-05, (b) allotments and projected
expenditures by program for each institution in 2005-06, (c) the
number
of authorized and vacant positions, estimated overtime budget,
estimated
benefits budget, and operating expense and equipment budget for each
institution, and (d) a list of all capital outlay projects occurring
or
projected to occur during the 2005-06 fiscal year.
25. (a) Of the amount appropriated in this item, $1,293,000 is to
begin
development of a long-term strategy to improve California's juvenile
corrections system. These funds shall be expended to hire staff and
subject matter experts to develop the details of the programs and
policies
that will form the basis for the juvenile corrections system.
(b) Beginning July 30, 2005, the Department of Corrections and
Rehabilitation shall submit a monthly report to the Legislature that
details
the status of the program and policy development, including the
details of
programs and policies being considered.
(c) The Department of Corrections and Rehabilitation shall, by
December
1, 2005, submit a report to the Chairperson of the Joint Legislative
Budget Committee that pro- vides details on the programs and policies
that will form the basis for the juvenile corrections system on a
long-term
basis. This report shall include information on the following: the
types of
youthful offenders that will be served by the state under this
system; the
type of treatment programs that will be provided; the education
programs
that will be provided; a description of the type of staff and
facilities that
will be needed to support these programs and policies; and a timeline
of
the proposed implementation of these programs and policies.
(d) In addition to the funds otherwise appropriated in this item,
the sum of
$1,808,000 is hereby appropriated from the General Fund for the
support of the Department of Corrections and Rehabilitation of the
2005-06 fiscal year. These moneys shall not be available until the
Legislature approves, in writing, the report submitted pursuant to
(c)
above. Upon receipt of written approval from the Joint Legislative
Budget
Committee, the Director of Finance may authorize expenditure of the
moneys specified in this provision. Of these funds, up to $899,000
shall
be expended for staff and consultants to develop a facilities master
plan
and begin the initial site selection work consistent with the
programs and
policies developed and up to $909,000 of these moneys shall be
expended to begin the architectural programming and to perform a
human
resources analysis based upon these programs and policies developed.
26. Funding appropriated in Schedule (11) that is allocated for
the
purpose of implementing the Pharmacy Health Care Management System
shall not be expended until the Feasibility Study Report (FSR) for
this
project is approved by the Department of Finance. If the amount
approved in the FSR is less than the amount appropriated, the
Department of Corrections and Rehabilitation shall only spend the
amount
approved in the FSR, and any remaining funds shall be returned to the
General Fund.
27. Notwithstanding any other provision of law, the Department of
Corrections and Rehabilitation is not required to competitively bid
for
health services contracts in cases where contracting experience or
history
indicates that only one qualified bid will be received.
28. Of the amount appropriated in Schedule (11), $5,700,000 is for
interagency agreements with the University of California for services
relating to the Inmate Medical Services Program. Any unspent funds
for
this purpose shall revert to the General Fund.
29. (a) It is the intent of the Legislature that the Department of
Corrections and Rehabilitation develop a long-term strategy to
improve
California's juvenile justice system. Commencing September 1, 2005,
the
Department shall report quarterly to the Legislature on the progress
made
toward the development of reform plans. Of the amount appropriated in
Schedule (1), $1,250,000 shall be available for expenditures related
to
the preparation of the reform plan no sooner than 30 days after the
September 1, 2005, quarterly status report has been submitted to the
Joint Legislative Budget Committee.
(b) The September 1, 2005, quarterly status report shall include a
written
description of the department's proposed plan to reform the
Department
of the Youth Authority and any successor entity, including any
related
reforms affecting state-local juvenile justice responsibilities. The
plan shall
include specific objectives, tasks, and timelines, including an
examination
of whether a state-level juvenile corrections entity is needed and,
if so, a
description of the following:
(i) The population to be served by the state youth correctional
system,
including commitment offenses, delinquency history, age, gender,
medical
and mental health condition, risk levels, and any other commitment
criteria.
(ii) Any proposed changes with respect to eligibility, age,
jurisdiction, or
length of confinement affecting the institutional population.
(iii) Any proposed changes in rejection of commitments.
(iv) Any proposed changes in costs charged to counties for
commitments.
(c) The December 1, 2005, quarterly status report, shall include a
written
description of the department's proposed plan for the reform of the
Department of the Youth Authority and shall address specific areas of
reform by including the following:
(i) A gap analysis of the entire juvenile justice system. The
analysis shall
identify gaps to determine appropriate strategies that youthful
offenders
are placed appropriately, examine funding and fee strategies, and
identify
local assessment criteria.
(ii) A description of the programs needed to serve the projected
offender
population, including female wards, in the areas of mental health,
sex
offender treatment, gang reduction, and special education and
developmental disability, and an account of any youth corrections
model
supporting these programs. The description shall include an outline
of
proposed staffing and training changes needed to implement any new
program design, a discussion of how private providers or contractors
may be utilized in the new program design, an overview of the
resources
needed to implement a new program design, and an explanation of how
these proposed reforms relate to and coordinate with the corrective
action and timelines required by existing litigation, including
Farrell v.
Allen (Super. Ct. Alameda County, 2004, No. 03079344) and Wilber v.
Allen (Morris v. Harper) (Super. Ct. S.F. City and County, No.
312092).
(iii) A state youth corrections facility proposal describing the
recommended array, type, and location of state youth corrections
facilities in the reformed system, and addressing institutional
culture,
institution size, unit size, room configuration, program and
education
space, staffing needs, how discipline will be enforced (for example,
use of
force, chemicals, and restraints), and family access to the
institutions. The
proposal shall identify, to the extent feasible, the proposed status,
closure,
or conversion of existing youth corrections facilities, and shall
include a
description of how resources to support the new facility plan will be
developed and when new or remodeled facilities are expected to open.
The March 1, 2005, quarterly status report shall include a more
detailed
plan for existing facilities.
(iv) A description of parole and postcustodial supervision,
management,
and aftercare in the reformed state youth corrections system,
including the
status of any proposed realignment of parole supervision and services
to
county governments. The description shall include a discussion of the
facilities and programs that may be developed to improve aftercare
services for wards upon release from custody, proposed changes in
parole revocation responsibilities, procedures, or sanctions, and a
resource plan for any proposed changes in parole or postcustodial
supervision, management, and aftercare.
(d) The quarterly reports due March 1, 2006, and June 1, 2006,
shall
include a written description of the department's progress and
continued
assessments in the following areas:
(i) County and community partnerships for the treatment of wards
in
custody and parole.
(ii) Progress of site and facility assessments, including phaseout
and
continued use plans of existing facilities.
(iii) Architectural requirements for youth, staff, treatment, all
support, and
related services under the new program model.
(iv) Progress on classification development activities, job
analysis, and
training needs.
(v) An outline of proposed performance standards or other
accountability
mechanisms for oversight of the reformed system, which shall identify
who will be responsible for oversight, and include a plan for
processing
complaints of wards and their families, and a description of changes
in
data that will be collected and disseminated in the reformed system
with
respect to institution and parole populations, institutional programs
and
conditions, and recidivism.
30. (a) Of the amount appropriated in Schedule (1), $500,000 shall
be
used to contract for a staff training needs assessment that will
identify the
gap between existing training and new training resulting from changes
required by the remedial plans in Farrell v. Allen (Super. Ct.
Alameda
County, 2004, No. 03079344). On or before March 30, 2006, the
Department of Corrections and Rehabilitation shall submit a report to
the
Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the committees in each house of the Legislature that
consider appropriations. The report shall detail the findings of the
training
needs assessment and the resources required to provide any new
training.
(b) Of the amount appropriated in Schedule (1), $1,000,000 is to
pay for
(1) the design and development of curricula for the training
identified in
the training needs assessment, and (2) conducting staff training. The
Director of Finance shall not approve the expenditure of these moneys
sooner than 30 days after the Legislature receives the report
submitted
pursuant to subdivision (a), or not sooner than whatever lesser time
the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, may determine.
5225-001-0170--For support of the Department of Corrections and
Rehabilitation, for payment to Item 5225-001-0001, payable from the
Corrections Training Fund . . . 2,486,000
5225-001-0890--For support of the Department of Corrections and
Rehabilitation, for payment to Item 5225-001-0001, payable from the
Federal Trust Fund . . . 4,744,000
5225-001-0917--For support of the Department of Corrections and
Rehabilitation, for payment to Item 5225-001-0001, payable from the
Inmate Welfare Fund . . . 56,433,000
5225-002-0170--For transfer by the Controller, upon order of the
Director of Finance, from the Corrections Training Fund, to the
General
Fund . . . (9,650,000)
5225-003-0001--For support of Department of Corrections and
Rehabilitation, for rental payments on lease-revenue bonds . . .
288,859,000
Schedule:
(1) Base Rental and Fees . . . 293,749,000
(2) Insurance . . . 1,738,000
(3) Reimbursements . . . -6,628,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Section 4.30 that
are
not currently reflected. Any adjustments to this item shall be
reported to
the Joint Legislative Budget Committee pursuant to Section 4.30.
5225-004-0001--For support of the Department of Corrections and
Rehabilitation . . . 530,000
Schedule:
(1) 15-Corrections Standards Authori- ty . . . 1,251,000
(2) Reimbursements . . . -10,000
(3) Amount payable from the Federal Trust Fund (Item
5225-004-0890)
. . . -711,000
5225-004-0890--For support of Department of Corrections and
Rehabilitation, for payment to Item 5225-004-0001, payable from the
Federal Trust Fund . . . 711,000
5225-011-0001--For support of the Department of Corrections and
Rehabilitation (Proposition 98) . . . 45,742,000
Schedule:
(1) 21-Juvenile Education, Vocations and Offender Program . . .
45,742,000
5225-101-0001--For local assistance, Department of Corrections and
Rehabilitation . . . 255,912,000
Schedule:
(1) 15-Corrections Standards Authori- ty . . . 202,250,000
(2) 20-Juvenile Operations . . . 78,000
(3) 22-Juvenile Paroles . . . 1,403,000
(4) 25.15.010-Adult Corrections and Rehabilitation
Operations--Transportation of Inmates . . . 278,000
(5) 25.15.020-Adult Corrections and Rehabilitation
Operations--Return
to Fugitives . . . 2,593,000
(6) 25.50-Adult Corrections and Reha- bilitation
Operations--County
Charges . . . 17,172,000
(7) 30-Parole Operations--Adult . . . 32,138,000
Provisions:
1. The amount appropriated in Schedules (4), (5), (6), and (7) is
provided for the following purposes:
(a) To pay the transportation costs of prisoners to and between
state
prisons, including the return of parole violators to prison and for
the
conveying of persons under provisions of Division 3 (commencing with
Section 3000) of the Welfare and Institutions Code and the Western
Interstate Corrections Compact (Section 1190 of the Penal Code), in
accordance with Section 26749 of the Government Code. Claims filed
by local jurisdictions shall be filed within six months after the end
of the
month in which those transportation costs are incurred. Expenditures
shall
be charged to either the fiscal year in which the claim is received
by the
Controller or the fiscal year in which the warrant is issued by the
Controller. Claims filed by local jurisdictions directly with the
Controller
may be paid by the Controller.
(b) To pay the expenses of returning fugitives from justice from
outside
the state, in accordance with Sections 1389, 1549, and 1557 of the
Penal Code. Claims filed by local jurisdictions shall be filed within
six
months after the end of the month in which expenses are incurred.
Expenditures shall be charged to either the fiscal year in which the
claim is
received by the Controller or the fiscal year in which the warrant is
issued
by the Controller, and any restitution received by the state for
those
expenses shall be credited to the appropriation of the year in which
the
Controller's receipt is issued. Claims filed by local jurisdictions
directly
with the Controller may be paid by the Controller.
(c) To pay county charges, payable under Sections 4700.1, 4750 to
4755, inclusive, and 6005 of the Penal Code. Claims shall be filed by
local jurisdictions within six months after the end of the month in
which a
service is performed by the coroner, a hearing is held on the return
of a
writ of habeas corpus, the district attorney declines to prosecute a
case
referred by the Department of Corrections and Rehabilitation, a
judgment
is rendered for a court hearing or trial, an appeal ruling is
rendered for the
trial judgment, or an activity is performed as permitted by these
sections.
Expenditures shall be charged to either the fiscal year in which the
claim is
received by the Controller or the fiscal year in which the warrant is
issued
by the Controller. Claims filed by local jurisdictions directly with
the
Controller may be paid by the Controller.
(d) To reimburse counties for the cost of detaining state parolees
pursuant
to Section 4016.5 of the Penal Code. Claims shall be filed by local
jurisdictions within six months after the end of the month in which
the
costs are incurred. Claims filed by local jurisdictions may not
include
booking fees, may not recover detention costs in excess of a rate
calculated by the Department of Corrections and Rehabilitation, in
conjunction with local law enforcement agencies, and approved by the
Director of Finance, and shall be limited to the detention costs for
those
days on which parolees are held subject only to a Department of
Corrections and Rehabilitation request pursuant to subdivision (b) of
Section 4016.5 of the Penal Code. Expenditures shall be charged to
either the fiscal year in which the claim is received by the
Department of
Corrections and Rehabilitation or the fiscal year in which the
warrant is
issued.
2. Notwithstanding any other provision of law, upon 30-day prior
notification to the Chairperson of the Joint Legislative Budget
Committee,
funds appropriated in Schedule (7) of this item may be transferred to
Schedule (7) or (8), or both, of Item 5225-001-0001, upon order of
the
Director of Finance, to provide funds for the reimbursement of
counties
for the cost of holding parole violators in local jails or for the
auditing or
monitoring of local assistance costs.
3. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures in this item in excess of the amount
appropriated for the purposes listed in Provision 1 and for no other
purpose. The Director of Finance shall not approve any expenditure
unless the approval is made in writing and filed with the Chairperson
of
the Joint Legislative Budget Committee and the chairperson of the
committee in each house that considers appropriations no less than 30
days prior to the effective date of the approval, or prior to
whatever
lesser time the chairperson of the joint committee, or his or her
designee,
may determine.
4. The amounts appropriated in Schedules (2) and (3) are provided
for
the following purposes:
(a) To pay the transportation costs of persons committed to the
Department of Corrections and Rehabilitation to or between its
facilities,
including the return of parole violators, provided that expenditures
made
under this item shall be charged to either the fiscal year in which
the claim
is received by the Controller or the fiscal year in which the warrant
is
issued by the Controller. However, claims shall be filed by local
jurisdictions within six months after the end of the month in which
the
costs are incurred.
(b) To reimburse counties, pursuant to Section 1776 of the Welfare
and
Institutions Code, for the cost of the detention of Department of
Corrections and Rehabilitation parolees who are detained on alleged
parole violations, provided that expenditures made under this item
shall
be charged to either the fiscal year in which the claim is received
by the
Controller or the fiscal year in which the warrant is issued by the
Controller. However, claims shall be filed by local jurisdictions
within six
months after the end of the month in which the costs are incurred.
5225-104-0890--For local assistance, Department of Corrections and
Rehabilitation, payable from the Federal Trust Fund . . . 34,950,000
Schedule:
(1) 15.30.701-Juvenile Justice and Delinquency Prevention . . .
7,065,000
(2) 15.30.703-Community Delinquency Prevention Program . . .
5,002,000
(3) 15.30.705-Juvenile Accountability Incentive . . . 21,769,000
(4) 15.30.706-Juvenile Justice-- Project Challenge . . . 1,114,000
Provisions:
1. Notwithstanding any other provision of law, the Department of
Corrections and Rehabilitation may provide advance payment of up to
25
percent of grant funds awarded to community-based, nonprofit
organizations, cities, school districts, counties, and other units of
local
government that have demonstrated cashflow problems according to the
criteria set forth by the Department of Corrections and
Rehabilitation.
5225-301-0001--For capital outlay, Department of Corrections and
Rehabilitation . . . 44,714,000
Schedule:
(1) 60.01.035-Budget Packages and Advance Planning (Juvenile) . .
.
250,000
(2) 60.01.130-Statewide: Install Fire Protection Sprinkler
System--Preliminary plans . . . 646,000
(3) 60.26.145-Northern California Youth Correctional Facility:
Blast
Chiller--Preliminary plans and working drawings . . . 208,000
(4) 60.90.010-Minor Projects (Juvenile) . . . 2,500,000
(5) 61.01.001-Statewide: Budget Packages and Advance Planning
(Adult) . . . 1,000,000
(6) 61.01.036-Statewide: Solid Cell Front, Phase I
(CMF)--Preliminary
plans . . . 372,000
(7) 61.01.200-Statewide: Small Management Exercise Yards (CMC,
CIM, DVI)--Construction . . . 2,640,000
(8) 61.03.023-California Correctional Center, Susanville:
Wastewater
Treatment Plant Modifications-- Acquisition . . . 1,650,000
(9) 61.06.029-Deuel Vocational Insti- tution, Tracy: Groundwater
Treatment/Non-potable Water Distribution System--Working drawings .
. . 1,088,000
(10) 61.06.030-Duel Vocational Institution, Tracy: New Wastewater
Treatment Plant--Preliminary plans . . . 1,530,000
(11) 61.10.049-California Men's Colony, San Luis Obispo: Potable
Water Distribution System Upgrade--Working drawings . . . 1,357,000
(12) 61.14.030-Minor Projects (Adult) . . . 5,000,000
(13) 61.23.004-California State Prison, Corcoran: Wastewater
Treatment Plant Improvements--Preliminary plans . . . 290,000
(14) 61.30.004-Centinela State Pris- on, Imperial: Wastewater
Treatment Plant Upgrades--Preliminary plans . . . 440,000
(15) 61.33.003-High Desert State Prison/California Correctional
Center,
Susanville: Arsenic Re- moval from Potable Water Supply--Working
drawings . . . 800,000
(16) 61.10.052-California Men's Colony-East, San Luis Obispo:
Electrified Fence--Construction . . . 4,619,000
(17) 61.16.021-Sierra Conservation Center, Jamestown: Effluent
Disposal Pipeline--Construction . . . 11,793,000
(18) 61.16.022-Sierra Conservation Center, Jamestown: Electrified
Fence--Construction . . . 3,745,000
(19) 61.08.049-California Institution for Men, Chino: Solid Cell
Fronts-Statewide Project, Phase II of V--Preliminary plans . . .
600,000
(20) 61.10.036-California Men's Colo- ny, East Facility, San Luis
Obispo: High Mast Lighting--Preliminary plans and working drawings .
. .
154,000
(21) 61.14.034-Minor Projects: CIM Security Upgrades--Reception
Center Central and East Facilities . . . 1,654,000
(22) 61.39.003-Kern Valley State Prison, Kern: Arsenic Removal
Water
Treatment System--Preliminary plans, working drawings, and
construction . . . 2,378,000
Provisions:
1. The funds appropriated in Schedules (1) and (5) are to be
allocated
by the Department of Corrections and Rehabilitation, upon approval by
the Department of Finance to develop design and cost information for
new projects for which funds have not been previously appropriated,
but
for which preliminary plan funds, working drawings funds, or working
drawings and construction funds are expected to be included in the
2006-07 or 2007-08 Budget Act, and for which cost estimates or
preliminary plans can be developed prior to legislative hearings on
the
2006-07 and 2007-08 Budget Acts, respectively. These funds may be
used for all of the following: budget package development,
environmental
services, architectural programming, engineering assessments,
schematic
design, and preliminary plans. The amount appropriated in these items
for
these purposes is not to be construed as a commitment by the
Legislature
as to the amount of capital outlay funds it will appropriate in any
future
year. Before using these funds for preliminary plans, the Department
of
Corrections and Rehabilitation shall provide a 20-day notification to
the
Chairperson of the Joint Legislative Budget Committee, the
chairpersons
of the respective fiscal committee of each house of the Legislature,
and
the legislative members of the State Public Works Board, discussing
the
scope, cost, and future implications of the use of funds for
preliminary
plans.
2. As used in this appropriation, studies shall include site
studies and
suitability reports, environmental studies, master planning,
architectural
programming and schematics.
3. Notwithstanding any other provision of law, the funds in
Schedule (21)
may be used to complete construction of security improvements in
excess
of $400,000. The Department of Corrections and Rehabilitation must
report any project savings to the Department of Finance so the
savings
can be reverted.
5225-301-0660--For capital outlay, Department of Corrections and
Rehabilitation, payable from the Public Buildings Construction Fund .
. .
84,069,000
Schedule:
(1) 61.22.004-Chuckawalla Valley State Prison, Blythe: Heating,
Ventilation, and Air Conditioning System--Construction . . .
28,881,000
(2) 61.04.040-California Correctional Institution, Tehachapi:
Wastewater
Treatment Plant Renovation--Working drawings and construction . . .
19,715,000
(3) 61.09.036-California Medical Facility, Vacaville: Mental
Health
Crisis Beds--Construction . . . 7,955,000
(4) 61.35.007-Salinas Valley State Prison, Soledad: 64 Bed Mental
Health Facility--Preliminary plans, working drawings, and
construction . .
. 27,518,000
Provisions:
1. The State Public Works Board may issue lease revenue bonds,
notes,
or bond anticipation notes pursuant to Chapter 5 (commencing with
Section 15830) of Part 10b of Division 3 of Title 2 of the Government
Code to finance the construction of the project authorized by this
item.
2. The State Public Works Board and the Department of Corrections
and Rehabilitation may obtain interim financing for the project costs
authorized in this item from any appropriate source, including, but
not
limited to, the Pooled Money Investment Account pursuant to Sections
16312 and 16313 of the Government Code.
3. The State Public Works Board may authorize the augmentation of
the
cost of construction of the project scheduled in this item pursuant
to the
board's authority under Section 13332.11 of the Government Code. In
addition, the State Public Works Board may authorize any additional
amount necessary to establish a reasonable construction reserve and
to
pay the cost of financing including the payment of interest during
construction of the project, the costs of financing a debt service
fund, and
the cost of issuance of permanent financing for the project. This
additional
amount may include interest payable on any interim financing
obtained.
4. The Department of Corrections and Rehabilita- tion is
authorized and
directed to execute and deliver any and all leases, contracts,
agreements,
or other documents necessary or advisable to consummate the sale of
bonds or otherwise effectuate the financing of the scheduled
projects.
5. The State Public Works Board shall not be deemed a lead or
responsible agency for purposes of the California Environmental
Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) for any activities under the State Building
Construction
Act of 1955 (Part 10b (commencing with Section 15800) of Division 3
of Title 2 of the Government Code). This provision does not exempt
the
Department of Corrections and Rehabilitation from the requirements of
the California Environmental Quality Act. This section is declaratory
of
existing law.
5225-301-0747--For capital outlay, Department of Corrections and
Rehabilitation, payable from the 1988 Prison Construction Fund . . .
1,308,000
Schedule:
(1) 61.27.002-Wasco State Prison, Wasco: Prescreening Facility at
Wastewater Treatment Plant-- Construction . . . 1,308,000
5225-301-0751--For capital outlay, Department of Corrections and
Rehabilitation, payable from 1990 Prison Construction Bond Fund . . .
925,000
Schedule:
(1) 61.31.002-Pleasant Valley State Prison, Coalinga: Bar Screen,
Prelift
Station--Construction . . . 925,000
5225-403--Of the amount loaned pursuant to Provision 2 of Item
5460-001-0001, Budget Act of 2003 (Ch. 157, Stats. 2003),
$4,800,000 will not be required to be repaid.
5225-491--Reappropriation, Department of Corrections and
Rehabilitation. The balance of the appropriations provided in the
following citations are reappropriated for the purposes in that
appropriation and subject to the limitations unless otherwise
specified,
provided for in the appropriations:
0001--General Fund
(1) Item 5240-301-0001, Budget Act of 2004 (Ch. 208, Stats. 2004)
(2) 61.01.030-Statewide: Evaluation of Mental Health
Facilities--Study
(3) 61.06.029-Deuel Vocational Institution, Tracy: Groundwater
Treatment/NonPotable Water Distribution System--Preliminary plans
(8) 61.22.004-Chuckawalla Valley State Prison, Blythe: Heating,
Ventilation, and Air Condi- tioning System--Working drawings
(9) 61.33.003-High Desert State Prison/California Correctional
Center,
Susanville: Arsenic Removal from Potable Water Supply--Preliminary
Plans
0660--Public Building Construction Fund
(2) Item 5240-301-0660, Budget Act of 2003 (Ch. 157, Stats. 2003),
as reappropriated in Item 5240-490, Budget Act of 2004 (Ch. 208,
Stats. 2004)
(2) 61.09.036-California Medical Facility, Vacaville: Mental
Health
Crisis Beds--Preliminary plans, working drawings, and construction
5225-492--Reappropriation, Department of Corrections and
Rehabilitation. Notwithstanding any other provision of law and for
the
purposes in the following appropriations, the period to liquidate
encumbrances of the following citations are extended to June 30,
2007:
0001--General Fund
(1) Item 5240-301-0001, Budget Act of 2000 (Ch. 52, Stats. 2000)
(29) 61.13.428-California Institute for Women, Frontera:
Correctional
Treatment Center, Phase II--Construction
0660--Public Building Construction Fund
(1) Item 5240-301-0660, Budget Act of 2001 (Ch. 106, Stats. 2001)
(1) 61.10.047-California Men's Colony, San Luis Obispo: Wastewater
Collection Treatment Upgrade--Construction
5225-493--Reappropriation, Department of Corrections and
Rehabilitation. The balance of the appropriations provided in the
following citations are reappropriated for the purposes provided for
in the
appropriations and shall be available for encumbrance and expenditure
as
specified below:
0001--General Fund
(1) Item 5240-001-0001, Budget Act of 2003 (Ch. 157, Stats. 2003),
as reappropriated by Item 5240-493 of the Budget Act of 2004 (Ch.
208, Stats. 2004). Any unspent balance is reappropriated only for the
purpose of the development of the Statewide Offender Management
System and shall be available for expenditure until June 30, 2006.
Any of
the funds not used for this purpose shall revert to the General Fund.
0890--Federal Funds
(1) Item 5430-108-0890, Budget Act of 2000 (Ch. 52, Stats. 2000)
(Federal Crime Bill)
(2) Item 5430-108-0890, Budget Act of 2001 (Ch. 106, Stats. 2001)
(Federal Crime Bill). Any unspent balance is for the purposes
provided
for in these appropriations and shall be available for encumbrance
and
expenditure until December 31, 2006.
0917--Inmate Welfare Fund
(1) Item 5240-001-0917, Budget Act of 2003 (Ch. 157, Stats. 2003),
as reappropriated by Item 5240-493 of the Budget Act of 2004 (Ch.
208, Stats. 2004). Any unspent balance is reappropriated only for the
purpose of the development and implementation of the Inmate Canteen,
Restitution, and Banking System and shall be available for
expenditure
until June 30, 2006. Any of the funds not used for this purpose shall
revert to the Inmate Welfare Fund.
5225-494--Reappropriation, Department of Corrections and
Rehabilitation. Notwithstanding any other provision of law, the
period to
liquidate encumbrances of the following citations shall be available
for
liquidation until June 30, 2007:
0001--General Fund
(1) Item 5430-104-0001, Budget Act of 2000 (Ch. 52, Stats. 2000)
(2) Item 5460-101-0001, Budget Act of 2002 (Ch. 379, Stats. 2002)
EDUCATION
6110-001-0001--For support of Department of Education . . .
42,674,000
Schedule:
(1) 10-Instruction . . . 56,162,000
(2) 20-Instructional Support . . . 94,176,000
(3) 30-Special Programs . . . 50,109,000
(4) 40-Executive Management and Special Services . . . 8,904,000
(5) 50-State Board of Education . . . 1,567,000
(6) 42.01-Department Management and Special Services . . .
31,511,000
(7) 42.02-Distributed Department Management and Special Services .
. .
-31,511,000
(8) Reimbursements . . . -17,626,000
(9) Amount payable from Federal Trust Fund (Item 6110-001-0890) .
. .
-149,985,000
(10) Amount payable from Mental Health Services Fund (Item
6110-001-3085) . . . -633,000
Provisions:
1. An amount equal to or greater than the amount appropriated in
Schedule (5) shall be available for support of the State Board of
Education (SBE) and shall be directed to meet the policy priorities
of its
members. Of the amount appropriated in this schedule, $130,000 is
allocated for statutory oversight of charter schools approved by the
SBE.
In addition, the State Department of Education is authorized to
receive
and expend statutory reimbursements of an amount estimated to be
$130,000 for purposes of overseeing SBE-approved charter schools.
2. Notwithstanding Section 33190 of the Education Code, or any
other
provision of law, the State Department of Education shall expend no
funds to prepare (a) a statewide summary of student performance on
school district proficiency assessments or (b) a compilation of
information
on private schools with five or fewer pupils.
3. Notwithstanding any other provision of law, of the funds
appropriated
in this item, $699,000 shall be used to provide technical assistance
and
administrative support to remaining Healthy Start grantees. The State
Department of Education may use these funds to provide grant funding
to
the Healthy Start Field Office and regional network leads to provide
technical assistance and administrative support to Healthy Start
grantees.
4. Funds appropriated in this item may be expended or encumbered
to
make one or more payments under a personal services contract of a
visiting educator pursuant to Section 19050.8 of the Govern ment
Code,
a long-term special consultant services contract, or an employment
contract between an entity that is not a state agency and a person
who is
under the direct or daily supervision of a state agency, only if all
of the
following conditions are met:
(a) The person providing service under the contract provides full
financial
disclosure to the Fair Political Practices Commission in accordance
with
the rules and regulations of the commission.
(b) The service provided under the contract does not result in the
displacement of any represented civil service employee.
(c) The rate of compensation for salary and health benefits for
the person
providing service under the contract does not exceed by more than 10
percent the current rate of compensation for salary and health
benefits
determined by the Department of Personnel Administration for civil
service personnel in a comparable position. The payment of any other
compensation or any reimbursement for travel or per diem expenses
shall
be in accordance with the State Administrative Manual and the rules
and
regulations of the California Victim Compensation and Government
Claims Board.
5. The funds appropriated in this item may not be expended for any
REACH program.
6. The funds appropriated in this item may not be expended for the
development or dissemination of program advisories, including, but
not
limited to, program advisories on the subject areas of reading,
writing,
and mathematics, unless explicitly authorized by the State Board of
Education.
7. Of the funds appropriated in this item, $206,000 shall be
available as
matching funds for the Department of Rehabilitation to provide
coordinated services to disabled pupils. Expenditure of the funds
shall be
identified in the memorandum of understanding or other written
agreement
with the Department of Rehabilitation to ensure an appropriate match
to
federal vocational rehabilitation funds.
8. Of the funds appropriated in this item, no less than $3,778,000
is
available for support of Child Care Services, including State
Preschool
and After School Programs pursuant to Chapters 318, 319, and 320 of
the Statutes of 1998 (Program 30.10).
9. Of the amount appropriated in this item, $1,627,000 is provided
for
the sole purpose of funding 13.5 positions and associated operating
expenses and equipment costs related to implementation of the Public
Schools Accountability Act, as established by Chapter 6.1 (commencing
with Section 52050) of Part 28 of the Education Code.
10. Of the funds appropriated in this item, $360,000 is for the
purpose of
providing the STAR and HSEE programs each with two staff possessing
psychometric and test development expertise.
11. Of the funds appropriated in this item, $400,000 is for the
purpose of
funding two existing positions for the STAR Program and two existing
positions for various other testing programs, including the HSEE, and
English Language Development Test. These positions previously were
funded through Goals 2000.
12. Of the funds appropriated in this item, $150,000 is provided
solely
for the purpose of funding existing positions from within the State
Department of Education, to provide the Curriculum Commission with
subject matter specialists.
13. Of the funds appropriated in this item, $200,000 is to
contract for a
review of proposals submitted by school districts that wish to
participate
in the Mathematics and Reading Professional Development program. The
selection of this contractor shall be subject to the approval of the
State
Board of Education.
14. Of the funds appropriated in this item, $858,000 shall be
available for
costs associated with the administration of the High Priority Schools
Grant Program pursuant to Chapter 6.1 (commencing with Section
52055.600) of Part 28 of the Education Code and the Immediate
Intervention/Underperforming Schools Program pursuant to Chapter 6.1
(commencing with Section 52053) of Part 28 of the Education Code.
15. By October 31, 2005, the State Department of Education shall
provide to the Department of Finance a file of all charter school ADA
and state and local revenue associated with charter school general
purpose entitlements as part of the P2 Revenue Limit File. By March
1,
2006, the State Department of Education shall provide to the
Department
of Finance a file of all charter school ADA and state and local
revenue
associated with charter school general purpose entitlements as part
of the
P1 Revenue Limit File. It is the expectation that such reports will
be
provided annually.
16. On or before April 15, 2006, the State Department of Education
(SDE) shall provide to the Department of Finance an electronic file
that
includes complete district- and county-level state appropriations
limit
information reported to the SDE. The SDE shall make every effort to
ensure that all districts have submitted the necessary information
requested on the relevant reporting forms.
17. The State Department of Education shall make information
available
to the Department of Finance, the Legislative Analyst's Office, and
the
budget committees of each house of the Legislature by October 31,
2005; March 31, 2006; and May 31, 2006, regarding the amount of
Proposition 98 savings estimated to be available for reversion by
June 30,
2006.
18. Of the reimbursement funds appropriated in this item,
$2,000,000
shall be available to the State Department of Education for nutrition
education and physical activity promotion pursuant to an interagency
agreement with the State Department of Health Services.
19. The report required by Section 60800 of the Education Code for
the
physical performance test is not required to be printed and mailed,
but
shall be compiled and reported electronically.
20. Reimbursement expenditures pursuant to this item resulting
from the
imposition by the State Department of Education (SDE) of a commercial
copyright fee may not be expended sooner than 30 days after the SDE
submits to the Department of Finance a legal opinion affirming the
authority to impose such fees and the arguments supporting that
position
against any objections or legal challenges to the fee filed with the
SDE.
Any funds received pursuant to imposition of a commercial copyright
fee
may only be expended as necessary for outside counsel contingent on a
certification of the superintendent of Public Instruction that
sufficient
expertise is not available within departmental legal staff. The SDE
shall
not expend greater than $300,000 for such purposes without first
notifying the Department of Finance of the necessity thereof, and
upon
receiving approval in writing.
21. Of the funds appropriated in this item, $2,000,000 is provided
on a
one-time basis for legal representation from the Attorney General's
Office
in litigation related to the High School Exit Exam (Chapman, et al.
v. CA
Department of Education, et al.). The State Department of Education
shall provide a report to the Department of Finance and the
Legislature
detailing the expenditures of these funds and providing an update on
this
litigation on November 1, 2005, and every four months thereafter,
with
the final report due on June 30, 2006. The Office of the Attorney
General
shall provide the State Department of Education any information,
including budget and expenditure data, necessary for the State
Department of Education to complete its reports to the Department of
Finance and the Legislature.
22. Notwithstanding any other provision of law, any unexpended
funds
appropriated in any prior Budget Act for the purposes of rewriting
the
Principal Apportionment System shall remain available in the 2005-06
and 2006-07 fiscal years for expenditure for a contract for staff
training
for, and maintenance of, the new apportionment.
24. Notwithstanding Section 19080.3 of the Government Code, 3.0
positions are established for a two-year limited term expiring June
30,
2008, for the purpose of implementing the Mental Health Services Act.
6110-001-0140--For support of the Department of Education, Program
20.10.055-Instructional Support, Environmental Education, payable
from
the California Environmental License Plate Fund . . . 42,000
6110-001-0178--For support of the Department of Education, Program
20.30.003-Instructional Support, Schoolbus Driver Instructor
Training,
as provided in Section 40070 of the Education Code, payable from the
Driver Training Penalty Assessment Fund . . . 1,148,000
6110-001-0231--For support of Department of Education, Program
20.10.045-Instructional Support, Curriculum Services-Health and
Physical Education-Drug Free Schools, payable from the Health
Education Account, Cigarette and Tobacco Products Surtax Fund . . .
987,000
6110-001-0687--For support of Department of Education, for the
California State Agency for Donated Food Distribution, Program
30.50-Donated Food Distribution, payable from the Donated Food
Revolving Fund . . . 6,688,000
6110-001-0890--For support of Department of Education, for payment
to Item 6110-001-0001, payable from the Federal Trust Fund . . .
149,985,000
Provisions:
1. The funds appropriated in this item include Federal Vocational
Education Act funds for the 2004-05 fiscal year to be transferred to
community colleges by means of interagency agreements. These funds
shall be used by community colleges for the administration of
vocational
education programs.
2. Of the funds appropriated in this item, $96,000 is available to
the
Advisory Commission on Special Education for the in-state travel
expenses of the commissioners and the secretary to the commission.
3. Of the funds appropriated in this item, $401,000 is available
for
programs for homeless youth and adults pursuant to the federal
McKinney-Vento Homeless Assistance Act. The State Department of
Education shall consult with the State Departments of Economic
Opportunity, Mental Health, Housing and Community Development, and
Economic Development in operating this program.
4. Of the funds appropriated in this item, up to $364,000 shall be
used to
provide in-service training for special and regular educators and
related
persons, including, but not limited to, parents, administrators, and
organizations serving severely disabled children. These funds are
also to
provide up to four positions for this purpose.
5. Of the funds appropriated in this item, $318,000 shall be used
to
provide training in culturally nonbiased assessment and specialized
language skills to special education teachers.
6. Of the amount appropriated in this item, $1,265,000 shall be
used for
the administration of the federal charter schools program. These
activities
include monitoring of grant recipients, and increased review and
technical
assistance support for federal charter school grant applicants and
recipients. For the 2005-06 fiscal year, one Education Program
Consultant position shall support fiscal issues pertaining to charter
schools.
7. (a) Of the funds appropriated in this item, $9,898,000 is from
the
Child Care and Development Block Grant Fund and is available for
support of Child Care Services.
(b) Of the amount appropriated in this item, $530,000 is for 5.5
positions
within the State Department of Education (SDE) to address compliance
monitoring and overpayments, which may contribute to early detection
of
fraud. The SDE shall provide information to the Legislature and
Department of Finance each year that quantifies provider-by-provider
level data, including instances and amounts of overpayments and
fraud, as
documented by the SDE's compliance monitoring efforts for the prior
fiscal year.
(c) As a condition of receiving the resources specified in
subparagraph
(c) of this provision, it is expected that every alternative payment
agency
will be audited each year using sufficient sampling of provider
records of
the following: (i) family fee determinations, (ii) income
eligibility, (iii) rate
limits, and (iv) basis for hours of care, to determine compliance
rates, any
instances of misallocation of resources, and the amount of funds
expected
to be recovered from instances of both potential fraud and
overpayment
when no intent to defraud is suspected. This information will be
contained
in a separate report for each provider, with a single statewide
summary
report annually submitted to the Governor and Legislature no later
than
April 15.
8. Of the funds appropriated in this item, $1,805,000 shall be
used for
administration of the Enhancing Education Through Technology Grant
Program. Of this amount:
(a) $408,000 is available only for contracted technical support
and
evaluation services.
9. Of the funds appropriated in this item, $10,140,000 is for
dispute
resolution services, including mediation and fair hearing services,
provided
through contract for the Special Education Program.
10. Of the amount provided in this item, $881,000 is provided for
staff
for the Special Education Focused Monitoring Pilot Program to be
established by the State Department of Education for the purpose of
monitoring local educational agency compliance with state and federal
laws and regulations governing special education.
11. Of the funds appropriated in this item, $125,000 shall be
allocated
for increased travel costs associated with program reviews conducted
by
the Special Education Division Focused Monitoring and Technical
Assistance Units. Expenditure of these funds is subject to Department
of
Finance approval of an expenditure plan. The expenditure plan shall
include the proposed travel costs associated with focused monitoring
and
technical assistance provided by the State Department of Education.
It
shall also include the estimated type and number of reviews to be
conducted, and shall provide an estimated average cost per type of
review. Annual renewal of this funding is subject to Department of
Finance approval of an annual focused monitoring final expenditure
report. The report shall be
submitted on or before September 30, 2005.
It shall provide the total number of reviews conducted each fiscal
year,
the amount of staff and personnel days and hours associated with each
category of review, the travel costs associated with the type and
number
of reviews conducted, and an average cost per type of review.
12. Of the funds appropriated in this item, $120,000 shall be used
solely
for the administration of the federal advance placement examination
fee
payment grant program for low-income pupils.
13. Of the funds appropriated in this item, $243,000 shall be
available for
the preparation, analysis, and production of the annual federal
accountability reports, as required by the Carl D. Perkins Vocational
Technical Education Act.
14. Of the funds appropriated in this item, $303,000 shall be
allocated by
the State Department of Education to the California State University,
San
Bernardino, Center for the Study of Correctional Education, for
special
education monitoring of and technical assistance for the California
Youth
Authority pursuant to Chapter 536 of the Statutes of 2001.
15. Of the funds appropriated in this item, not less than $798,000
shall be
available for costs associated with the administration of the High
Priority
Schools Grant Program pursuant to Article 3.5 (commencing with
Section 52055.600) of Chapter 6.1 of Part 28 of the Education Code
and the Immediate Intervention/Underperforming Schools Program
pursuant to Article 3 (commencing with Section 52053) of Chapter 6.1
of Part 28 of the Education Code.
16. Of the funds appropriated in this item, $419,000 shall be
available
pursuant to Chapter 1020 of the Statutes of 2002 for the development
and implementation of corrective action plans and sanctions pursuant
to
federal law.
17. Of the funds appropriated in this item, $1,414,000 is for
administration of the Reading First Program. Of this amount, $873,000
is
to redirect 6.0 staff to assist in program administration, and
$500,000 is
for the State Department of Education to contract for annual
evaluations
of program effectiveness.
18.5. Of the amount appropriated in this item, $500,000 shall be
transferred to the Legislative Analyst's Office (LAO) for costs of a
study
of the distribution of federal and state supplementary funding
targeted at
the state's economically disadvantaged and English learner students.
The
LAO shall report the results of this study by November 15, 2006. The
report shall recommend any changes necessary to improve the data
sources, flexibility, funding formulas, and mechanisms of the state's
programs to ensure that state and federal funds are allocated in a
way that
will improve the academic achievement of English Learners and
economically disadvantaged children.
For the purposes of conducting the study, the LAO shall convene
an
interagency workgroup with representatives from the Department of
Finance and the State Department of Education, and may use a portion
of
the total funding provided in this item to seek external technical
assistance
and expertise as necessary. The LAO shall convene an advisory group
including interested state and school district stakeholders, and
education
finance experts. The study shall include but not be limited to: (a)
research
on how other, comparable states structure funding for economically
disadvantaged and English learner students, (b) quantitative and
qualitative data from California districts and schools on their needs
for
and uses of funding sources designated for economically disadvantaged
and English learner students, (c) how the number of English Learners
should be measured, (d) how the number of economically disadvantaged
students should be measured, and (e) how to define and ensure
equitable
and predictable funding among districts.
19. Of the appropriated funds in this item, $668,000 is for the
department to continue developing a comprehensive strategy to address
data reporting requirements associated with the No Child Left Behind
Act of 2001 (P.L. 107-110), and to support 5.0 positions to assist
with
this task.
20. Of the funds appropriated in this item, $600,000 is provided
for the
second year of a three-year evaluation of the High Priority Schools
Grant
Program pursuant to Chapter 42 of the Statutes of 2002.
21. Of the funds appropriated in this item, $844,000 is to support
state
operations related to the development of a longitudinal database for
the
requirements of the No Child Left Behind Act of 2001 (P.L. 107-110).
Of this funding, $366,122 is for the development of a Request for
Proposals and is contingent upon Department of Finance approval
following approval of a Feasibility Study Report.
22. Of the amount appropriated in this item, $1,480,000 in
carryover
special education funds are available for the state's share of costs
in the
settlement of Emma C. v. Delaine Eastin et
al. (N.D.Cal., No. C96-4179TEH). The State Department of Education
shall report by January 1, 2006, to the fiscal committees of the
Legislature, the Department of Finance, and the Legislative Analyst's
Office on the planned use of the additional special education funds
provided to Ravenswood Elementary School District pursuant to this
settlement. The report shall also provide the State Department of
Education's best estimate of when this supplemental funding will no
longer
be required by the court. The State Department of Education shall
comply with the requirements of Section 948 of the Government Code in
any future requests for funds to satisfy this settlement.
23. Of the amount appropriated in this item, $400,000 is available
to fund
3.0 positions (2.75 PYs) and associated costs for administering the
English Language Development materials program specified in Provision
2 of Item 6110-189-0001. The positions are available on a two-year
limited-term basis ending June 30, 2006.
24. Of the amount appropriated in this item, $267,000 shall be
used to
develop an Internet-based electronic clearinghouse system to improve
the
availability of parental information documents that are translated
into
languages other than English. The purpose of this system is to
improve the
availability of these documents at the local level and reduce the
local costs
of providing these documents by eliminating duplication of effort in
translating standard documents. The system shall include an
interactive
Web portal located on the State Department of Education's Web site,
which shall allow local education agencies to submit, locate, and
access
locally translated parental documents and may include documents that
the
department is responsible for translating. The funding shall also be
used to
fund one position to manage the de-velopment and maintenance of the
Internet clearinghouse site. The addition of an electronic
clearinghouse for
locally translated documents to the State Department of Education's
Web
site shall not constitute a new information technology project or
increase
in funding for an information technology project for purposes of
project
reporting and oversight.
25. Of the amount appropriated in this item, $832,000 ($600,000
reimbursements and $232,000 federal special education funds) shall be
used to fund six positions and implement the provisions of Chapter
914
of the Statutes of 2004 for increased monitoring of nonpublic,
nonsectarian schools.
26. Of the amount appropriated in this item, $963,000 in federal
special
education funds shall be used to augment funding for State Special
Schools transportation.
27. Of the funds appropriated in this item, $350,000 shall be for
the
department to contract for a teacher data system feasibility study.
The
feasibility study shall: (a) inventory the teacher data elements
(name,
code, and definition) currently collected by state agencies and
county
offices of education, (b) identify existing redundancies (two or more
agencies collecting the same data) and inefficiencies (agencies
collecting
data without a specific, meaningful purpose), (c) identify state
agencies'
and county offices' existing teacher data needs for meeting state and
federal compliance and reporting requirements, (d) identify the most
cost-effective approach for converting the existing data systems into
an
integrated, comprehensive, longitudinally linked teacher information
system that can yield high-quality program evaluations, and (e)
estimate
the additional one-time and ongoing costs associated with the new
system. In developing the associated request for proposals and
selecting
the vendor, the department shall convene a working group that
includes
the Department of Finance, the Legislative Analyst's Office, and
other
interested parties. The study shall be submitted to the Governor and
Legislature by March 31, 2006.
29. Of the funds appropriated in this item, $443,000 is for 3.0
positions
within the State Department of Education for increased monitoring
associated with Chapter 493 of the Statutes of 2004.
30. Of the funds appropriated in this item, $2,000,000 from
federal Title
I funds shall be available for the department to contract for an
independent evaluation to determine whether California has met the
assessment requirements of the federal No Child Left Behind Act. The
expenditure of these funds shall be contingent on approval of an
expenditure plan and request for proposal by the State Board of
Education and the Department of Finance.
31. (a) Prior to expenditure of the funds pursuant to subdivision
(b), the
State Department of Education (SDE) shall build upon pre-existing,
high-quality translations available from school districts, county
offices of
education, and other entities that have translated relevant
documents,
including those identified by the advisory group.
(b) Of the funds appropriated in this item, $450,000 is available
to the
SDE for the cost of translating into languages other than English
state
prototype documents that it currently provides to school districts to
help
them comply with parental notification requirements under state and
federal law. The SDE shall be required to contract with appropriate
translators or translator services to translate these documents. The
SDE
shall post all documents translated as a result of the appropriation
referenced in this provision on its existing Internet-based
electronic
clearinghouse system of state- and locally translated parental
notification
documents.
(c) The SDE shall convene a translations advisory group comprised
of the
following representatives: the Department of Finance, the SDE, the
Legislative Analyst's Office, legislative staff, the OSE, relevant
organizations, local educational agencies, and
limited-English-speaking
parents of children in the public K-12 educational system. The
purposes
of the advisory group shall be the following: (1) to assess and
identify
gaps in the types of documents being translated and the languages
covered by translations, (2) to prioritize vital documents that
should be
translated, as well as languages of greatest need for translation,
and (3) to
provide feedback and input to the department, including procedures
for
translations, quality, dissemination, and outreach. The advisory
group
shall include no more than ten individuals, with no more than one
person
from each state level entity.
6110-001-3085--For support of Department of Education, for payment
to Item 6110-001-0001, payable from the Mental Health Services Fund
. . . 633,000
Provisions:
1. The funds appropriated in this item are for three 2-year
limited term
positions to develop and disseminate training for local education
agencies
to identify and provide appropriate response and support to students
with
severe mental illness pursuant to Proposition 63.
6110-001-6036--For support of Department of Education, Program
20.30-Administrative Services to local educational agencies, payable
from the 2002 State School Facilities Fund . . . 2,510,000
Provisions:
1. Funds appropriated by this item are for support of the
activities of the
School Facilities Planning Division and are to be used exclusively
for
activities related to local school construction, modernization, and
schoolsite acquisition.
6110-003-0001--For support of Department of Education, Program
20.30.020-Instructional Support, Standardized Account Code Structure
. . . 1,080,000
Provisions:
1. The funds appropriated in this item shall be used only for the
direct
costs to administer the Standardized Account Code Structure program,
pursuant to Section 42103.3 of the Education Code, to assist any
school
district or county office of education in financial distress or
bankruptcy, to
implement the provisions established by Chapter 52 of the Statutes of
2004, to make available standard fiscal, demographic, and performance
data to policy decisionmakers, and for indirect costs for those
programs
at the rate approved by the United States Department of Education.
6110-005-0001--For support of Department of Education, as
allocated
by the Department of Education to the State Special Schools, Program
10.60.040 . . . 34,205,000
Schedule:
(1) 10.60.040-Instruction . . . 34,562,000
(a) 10.60.040.001-School for the Blind, Fremont . . . 5,000,000
(b) 10.60.040.002-School for the Deaf, Fremont . . . 15,910,000
(c) 10.60.040.003-School for the Deaf, Riverside . . . 13,652,000
(2) Reimbursements . . . -357,000
Provisions:
1. The State Special Schools for the Deaf in Fremont and Riverside
and
the State Special School for the Blind in Fremont shall provide a
four-week extended session.
6110-006-0001--For support of Department of Education (Proposition
98), as allocated by the Department of Education to the State Special
Schools . . . 42,748,000
Schedule:
(1) 10.60.040-Instruction, State Special Schools . . . 48,133,000
(a) 10.60.040.001-School for the Blind, Fremont . . . 6,077,000
(b) 10.60.040.002-School for the Deaf, Fremont . . . 16,748,000
(c) 10.60.040.003-School for the Deaf, Riverside . . . 14,070,000
(d) 10.60.040.007-Diagnostic Centers . . . 11,238,000
(2) Reimbursements . . . -5,385,000
Provisions:
1. On or before September 15 of each year, the superintendent of
each
State Special School shall report to each school district the number
of
pupils from that district who are attending a State Special School
and the
estimated payment due on behalf of the district for those pupils
pursuant
to Section 59300 of the Education Code. The Controller shall withhold
from the State School Fund in the first principal apportionment of
that
fiscal year the amount due from each school district, as reported to
the
Controller by the Superintendent of Public Instruction. The amount
withheld shall be transferred from the State School Fund to this
item. The
Superintendent of Public Instruction is authorized to adjust the
estimated
payments required after the close of the fiscal year by reporting to
the
Controller the information needed to make the adjustment. The
payments
by the Controller that result from this yearend adjustment shall be
applied
to the current year.
2. The State Special Schools for the Deaf in Fremont and Riverside
and
the State Special School for the Blind in Fremont shall provide a
four-week extended session.
6110-007-0001--For support of Department of Education, Program
20.20.010-Instructional Materials Management and
Distribution--Curriculum Frameworks and Instructional Materials . . .
125,000
Provisions:
1. Funds appropriated by this item shall be used only for direct
costs to
conduct biennial state adoptions of basic instructional materials
pursuant
to Section 60200 of the Education Code and for indirect costs for
that
purpose at the rate approved by the United States Department of
Education.
6110-008-0001--For support of Department of Education, as
allocated
by the Department of Education to the State Special Schools for
student
transportation allowances, Program 10.60.040 . . . 1,438,000
Provisions:
1. Funds appropriated in this item are in lieu of funds that
otherwise
would be transferred from the General Fund to Section A of the State
School Fund in accordance with Sections 14007 and 41301.5 of the
Education Code.
6110-015-0001--For support of Department of Education, Program
20.20.020-Instructional Materials Management and Distribution . . .
495,000
Provisions:
1. Funds appropriated in this item are for transfer by the
Controller to
the State Instructional Materials Fund, for allocation during the
2005-06
fiscal year pursuant to Article 3 (commencing with Section 60240) of
Chapter 2 of Part 33 of the Education Code. These funds shall be
transferred in amounts claimed by the Department of Education, for
direct
disbursement by the Department of Education from the State
Instructional
Materials Fund.
6110-021-0001--For support, Department of Education, Program
30.20.005-Child Nutrition--Nutrition Education Projects . . . 72,000
6110-101-0231--For local assistance, Department of Education,
Program 20.10.045-Instructional Support, Curriculum Services--Health
and Physical Education--Drug Free Schools, for county offices of
education, payable from the Health Education Account, Cigarette and
Tobacco Products Surtax Fund . . . 3,106,000
6110-101-0349--For local assistance, Department of Education,
Program 20.90-Instructional Support, for allocation to the Fiscal
Crisis
and Management Assistance Team for the purpose of administering the
California School Information Services Program (CSIS), payable from
the Educational Telecommunication Fund . . . 5,204,000
Provisions:
1. Notwithstanding Section 10554 of the Education Code, the
Controller
shall transfer from the General Fund the actual amount certifed by
the
Superintendent of Public Instruction as reductions made to
apportionments in the 2004-05 fiscal year for repayments of prior
year
excess apportionments identified pursuant to audit or audit
settlements
identified as a result of audit investigations, or inquiries.
2. Of the funds appropriated in this item, $907,000 is to be
provided to
non-CSIS participating school districts for support of maintenance
of
individual student identifiers.
3. Of the funds appropriated in this item, $1,000,000 is available
for the
first year costs of a new cohort and may be combined with any funding
remaining from the funds appropriated for the second year costs of
the
existing cohort.
6110-102-0231--For local assistance, Department of Education,
Program 20.10.045-Instructional Support, Curriculum Services Health
and Physical Education, Drug Free Schools, for local assistance,
payable
from the Health Education Account, Cigarette and Tobacco Products
Surtax Fund . . . 18,998,000
Provisions:
1. On or before June 1, 2006, the State Department of Education
shall
report to the Joint Legislative Budget Committee on the amount of
Tobacco-Use Prevention Education funds that it intends to transfer
from
the competitive grades 9-12 program to the formula grades 4-8 program
in the 2005-06 fiscal year.
6110-102-0890--For local assistance, Department of Education,
Program 20.60.038-Instructional Support, Learn and Serve America
Program, payable from the Federal Trust Fund . . . 2,056,000
6110-103-0001--For local assistance, Department of Education
(Proposition 98), Program 10.10.001.005-School Apportionments for
transfer to Section A of the State School Fund, for the purposes of
Section 8152 of the Education Code . . . 10,972,000
Provisions:
1. Notwithstanding Section 8154 of the Education Code, or any
other
provision of law, the funds appropriated in this item shall be the
only
funds available for and allocated by the Superintendent of Public
Instruction for the apprenticeship programs operated by school
districts
and county offices of education.
2. Notwithstanding Section 8152 of the Education Code, each
60-minute
hour of teaching time devoted to each indentured apprentice enrolled
in
and attending classes of related and supplemental instruction as
provided
under Section 3074 of the Labor Code shall be reimbursed at the rate
of
$4.86 per hour. For purposes of this provision, each hour of teaching
time may include up to 10 minutes for passing time and breaks.
3. No school district or county office of education shall use
funds
allocated pursuant to this item to offer any new or expanded
apprenticeship program unless the program has been approved by the
Superintendent of Public Instruction.
4. The Superintendent of Public Instruction shall report to the
Department
of Finance and the Legislature not later than February 1, 2006, on
the
amount of funds expended for and the hours of related and
supplemental
instruction offered in the apprenticeship program during the 2004-05
fiscal year, with information to be provided by the school district,
county
office of education, program sponsor, and trade. Expenditure
information
shall distinguish between direct and indirect costs, including
administrative
costs funded for the State Department of Education, school districts,
and
county offices of education. In addition, the report shall identify
the hours
of related and supplemental instruction proposed for the 2004-05 and
2005-06 fiscal years by the school district, county office of
education,
program sponsor, and trade. As a condition of receiving funds for the
apprenticeship programs, school districts, and county offices of
education
and regional occupational centers and programs shall report to the
Superintendent of Public Instruction the information necessary for
the
completion of this report.
5. Notwithstanding Article 8 (commencing with Section 8150) of
Chapter
1 of Part 6 of the Education Code, or any other provision of law, the
total
number of hours eligible for state reimbursement in apprenticeship
programs operated by school districts and county offices of education
shall be limited to an amount equal to the amount of the total
appropriation made in this item divided by the hourly rate specified
in
Provision 2. The Superintendent of Public Instruction shall have the
authority to determine which apprenticeship programs and which hours
offered in those programs, are eligible for reimbursement.
6. Of the funds appropriated in this item, $528,000 is provided to
increase the number of participants in the program.
7. An additional $6,227,000 in expenditures for this item has been
deferred until the 2006-07 fiscal year.
6110-103-0890--For local assistance, Department of Education,
Program 41.20.030.003-Robert C. Byrd Honors Scholarship Program,
payable from the Federal Trust Fund . . . 5,166,000
6110-104-0001--For local assistance, Department of Education
(Proposition 98), Program 10.10.011- School
Apportionments--Remedial Supplemental Instruction Programs, for
transfer to Section A of the State School Fund, for supplemental
instruction and remedial programs . . . 205,131,000
Schedule:
(1) 10.10.011.008-School Apportionments, for Supplemental
Instruction, Remedial, Grades 7-12 for the purposes of Section 37252
of
the Education Code . . . 165,222,600
(2) 10.10.011.009-School Apportionments, for Supplemental
Instruction, Retained, or Recommended for Retention, Grades 2-9, for
the purposes of Section 37252.2 of the Education Code, as applicable
. .
. 39,908,400
Provisions:
1. Notwithstanding any other provision of law, for the 2005-06
fiscal
year the Superintendent of Public Instruction shall allocate a
minimum of
$7,871 for supplemental summer school programs in each school
district
for which the prior fiscal year enrollment was less than 500 and
that, in
the 2005-06 fiscal year, offers at least 1,500 hours of supplemental
summer school instruction. A small school district, as described
above,
that offers less than 1,500 hours of supplemental summer school
offerings
shall receive a proportionate reduction in its allocation. For the
purpose
of this provision, supplemental summer school programs shall be
defined
as programs authorized under paragraph (2) of subdivision (f) of
Section
42239 of the Education Code as it read on July 1, 1999.
2. Notwithstanding any other provision of law, for the 2005-06
fiscal
year, the maximum reimbursement to a school district or charter
school
for the program listed in Schedule (4) shall not exceed 5 percent of
the
district or charter school's enrollment multiplied by 120 hours,
multiplied
by the hourly rate for the 2005-06 fiscal year.
4. Notwithstanding any other provision of law, the rate of
reimbursement
shall be $3.73 per hour of supplemental instruction.
5. Notwithstanding any other provision of law, if the funds in
this item are
insufficient to fund otherwise valid claims, the superintendent shall
adjust
the rates to conform to available funds.
6. Of the funds appropriated in this item, $8,325,000 is for the
purpose
of providing a cost-of-living adjustment of 4.23 percent.
Additionally,
$1,348,000 is for the purpose of providing for increases in average
daily
attendance at a rate of 0.69 percent for supplemental instruction and
remedial programs, in lieu of the amount that would otherwise be
provided pursuant to any other provision of law.
7.5. The funding appropriated in this item shall be considered
offsetting
revenues within the meaning of subdivision (e) of Section 17556 of
the
Government Code for any reimbursable mandated cost claim for
implementing Section 37252.2 of the Education Code. Local educational
agencies accepting funding from this item shall reduce their
estimated and
actual mandate reimbursement claims by the amount of funding provided
to them from this item.
8. Notwithstanding any other provision of law, an additional
$63,391,000
in expenditures for this item has been deferred until the 2006-07
fiscal
year.
6110-105-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund
for
the purposes of Article 1 (commencing with Section 52300) of Chapter
9
of Part 28 of the Education Code . . . 381,044,000
Schedule:
(1) 10.10.004-Instruction Program-- School Apportionments,
Regional
Occupational Centers and Programs . . . 388,361,000
(2) Reimbursements . . . -7,317,000
Provisions:
1. Notwithstanding any other provision of law, the funds
appropriated in
this item are for transfer by the Controller to Section A of the
State
School Fund, in lieu of the amount that otherwise would be
appropriated
for transfer from the General Fund in the State Treasury to Section A
of
the State School Fund for the 2005-06 fiscal year pursuant to
Sections
14002 and 14004 of the Education Code, in an amount as needed for
apportionment pursuant to Article 1 (commencing with Section 52300)
of
Chapter 9 of Part 28 of the Education Code.
2. Funds appropriated in this item shall be apportioned by the
Superintendent of Public Instruction pursuant to Article 1.5
(commencing
with Section 52335) of Chapter 9 of Part 28 of the Education Code.
3. Because Chapter 482 of the Statutes of 1984 was chaptered after
Chapter 268 of the Statutes of 1984, the Legislature's intent
regarding the
eligibility of regional occupational centers and programs for
incentive
funding for a longer instructional year under Section 46200 of the
Education Code was not carried out. It is the intent of the
Legislature that
regional occupational centers and programs not be eligible for that
incentive funding.
Notwithstanding any other provision of law, the funds
appropriated in
this item may not be expended for the purposes of providing or
continuing
incentive funding for a longer instructional year pursuant to Section
46200
of the Education Code.
4. Notwithstanding any other provision of law, funds appropriated
in this
item for average daily attendance (ADA) generated by participants in
welfare-to-work activities under the CalWORKs program established in
Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of
Division 9 of the Welfare and Institutions Code may be appropriated
on
an advance basis to local education agencies based on anticipated
units of
ADA if a prior application for this additional ADA funding has been
approved by the Superintendent of Public Instruction.
5. Of the amount appropriated in this item $1,161,000 is to fund
remedial
education services for participants in welfare-to-work activities
under the
CalWORKs program.
6. Of the funds appropriated in this item, $9,337,000 is provided
for
increases in average daily attendance at a rate of 2.62 percent. If
growth
funds are insufficient, the State Department of Education may adjust
the
per-pupil growth rates to conform to available funds. Additionally,
$15,464,000 is for the purpose of providing a cost-of-living
adjustment
at a rate of 4.23 percent.
7. An additional $39,630,000 in expenditures for this item has
been
deferred until the 2006-07 fiscal year.
6110-107-0001--For local assistance, Department of Education
(Proposition 98), Program 10.10-County Offices of Education Fiscal
Oversight . . . 10,549,000
Schedule:
(1) 10.10.002-COE Oversight . . . 5,268,000
(2) 10.10.005-FCMAT . . . 2,729,000
(3) 10.10.012-FCMAT: CSIS . . . 250,000
(4) 10.10.013-Audit Appeal Panel . . . 55,000
(5) 10.10.015-Interim Reporting . . . 1,050,000
(6) 10.10.016-Staff Development . . . 1,197,000
Provisions:
1. The funds appropriated in Schedule (1) of this item are for the
purposes provided in paragraph (1) of subdivision (a) of Section 29
of
Chapter 1213 of the Statutes of 1991 and subsequent legislation.
2. Funds contained in Schedule (1) may be used for activities,
including,
but not limited to, conducting reviews, examinations, and audits of
districts and providing written notifications of the results at least
annually
by county offices of education on the fiscal solvency of the
districts with
disapproved budgets, qualified or negative certifications, or,
pursuant to
Section 42127.6 of the Education Code, districts facing fiscal
uncertainty.
Written notifications of the results of these reviews, audits, and
examinations shall be provided at least annually to the district
governing
board, the Superintendent of Public Instruction, the Director of
Finance,
and the Office of the Secretary for Education.
3.5. The funding appropriated in this item shall be considered
offsetting
revenues within the meaning of subdivision (e) of Section 17556 of
the
Government Code for any reimbursable mandated cost claim for school
district and county office of education fiscal accountability
reporting.
Local educational agencies accepting funding from this item shall
reduce
their estimated and actual mandate reimbursement claims by the
amount
of funding provided to them from this item.
4. Of the funds appropriated in Schedule (2) of this item:
(a) $2,061,000 shall be allocated by the Controller directly to a
county
office of education, selected pursuant to subdivision (a) of Section
42127.8 of the Education Code to oversee Fiscal Crisis and
Management Assistance Team (FCMAT) responsibilities with respect to
these funds, to meet the costs of participation under Section 42127.8
of
the Education Code.
(b) $250,000 shall be available to develop and implement the
activities of
regional teams of fiscal experts to assist districts in fiscal
distress.
(c) $418,000 shall be allocated to FCMAT for the purpose of
providing,
through computer technology, financial and demographic information
that
is interactive and immediately accessible to all local education
agencies to
assist them in their decisionmaking process. To ensure a completely
integrated system, this computer information should be developed in
collaboration with the State Department of Education, and should be
compatible with the hardware and software of the State Department of
Education, so that this information may also assist state-level
policymakers in making comparable standardized financial information
available to the local education agencies and the public.
5. Of the funds appropriated in Schedule (3) of this item,
$250,000 shall
be available to the FCMAT to pay for project management services for
CSIS. These funds shall be used to supplement and not supplant other
CSIS funds available for project management services.
6. Of the funds appropriated in Schedule (5) of this item,
$150,000 shall
be available for no more than a 25 percent state reimbursement to
county
offices of education for fiscal oversight of school districts with
audit
exceptions, districts with qualified or negative interim reports,
districts that
may be unable to meet financial obligations for the current or
subsequent
fiscal years, or districts with disapproved budgets.
7. Up to $900,000 of the funds appropriated in Schedule (5) may
also be
used to fully reimburse county office of education activities for
extraordinary costs of audits, examinations, or reviews of district
budgets
in cases where fraud, misappropriation of funds or other illegal
fiscal
practices require COE review, pursuant to Section 2 of Chapter 620 of
the Statutes of 2001. The State Board of Education may request any
county superintendent of schools to initiate such an audit,
examination, or
review for any charter school or all-charter district for which the
board
has oversight responsibility. Allocation of the funds shall be
administered
by FCMAT on a reimbursement basis. All reimbursements shall be
subject to the approval of both the Department of Finance and the
State
Department of Education.
8. The amount appropriated in Schedule (5) of this item shall
remain
available for expenditure for the 2005-06 and 2006-07 fiscal years.
Any
unexpended balance as of September 1, 2006, shall be available
through
July 30, 2007, for the following, in order of descending priority:
(a) Regional assistance teams developed pursuant to Provision 4(b)
of
this item.
(b) Staff development pursuant to Provision 11 of this item.
9. Notwithstanding Section 26.00, the funds appropriated in this
item
shall be allocated in accordance with the above schedule unless a
revision
to the allocations contained herein has been approved by the
Department
of Finance. The Department of Finance may not authorize any such
revision sooner than 30 days after notification in writing of the
necessity
therefor to the chairperson of the committee in each house that
considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee, or not sooner than whatever lesser time the chairperson of
the joint committee, or his or her designee, may in each instance
determine.
10. The funds appropriated in Schedule (4) of this item are for
the
additional staff and resources needed for FCMAT to ensure that timely
resolution of audit findings is achieved pursuant to the directives
of
Education Code Section 41344.
11. Of the funds appropriated in Schedule (6) of this item,
$854,000 is
for the purpose of providing staff development to local education
agency
school finance and business personnel, as provided in Section 42127.8
of
the Education Code. The funds appropriated in Schedule (6) shall be
allocated by the Controller directly to a county office of education
selected pursuant to subdivision (a) of Section 42127.8 of the
Education
Code to oversee FCMAT's responsibilities with respect to these funds.
$343,000 of the funds appropriated in Schedule (6) is for the purpose
of
providing training that shall be developed and facilitated pursuant
to
Section 42127.8 of the Education Code to increase school district and
school-level capacity to implement and manage site-based budgeting
and
decisionmaking governance structures.
12. Notwithstanding any other provision of law, funds appropriated
in
Schedules (1), (2), (4), (5), and (6), of this item to a county
office of
education, selected pursuant to subdivision (a) of Section 42127.8 of
the
Education Code to oversee FCMAT responsibilities, shall be allocated
by the State Controller directly to that county office of education
as soon
as possible but no later than 60 days after the enactment of the
Budget
Act. Funds appropriated in this item shall not be subject to grant
allocation or review processes on the part of the State Department of
Education nor the Superintendent of Public Instruction. The county
office
of education that receives these funds shall annually provide a
report
detailing past year expenditures, identifying the local education
agencies
(LEA) assisted with these funds and a summary of progress for each.
Additionally, the report shall identify a plan for the proposed uses
of the
allocations in this item, identifying estimated expenditures for each
LEA
anticipated to be served. This report shall be submitted to the
Department
of Education and to the Department of Finance by October 1, 2005.
6110-111-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Home to School Transportation, pursuant to Article 10 (commencing
with Section 41850) of Chapter 5 of Part 24 of the Education Code and
Small School District Transportation, pursuant to Article 4.5
(commencing with Section 42290) of Chapter 7 of Part 24 of the
Education Code . . . 516,171,000
Schedule:
(1) 10.10.006-Pupil Transportation . . . 511,225,000
(2) 10.10.008-Small School District Bus Replacement . . .
4,946,000
Provisions:
1. Of the funds appropriated in this item, $3,394,000 is for the
purpose
of providing an adjustment for increases in average daily attendance
at a
rate of 0.69 percent. If funds for growth are insufficient, the State
Department of Education may adjust the per-pupil growth rates to
conform to available funds. Additionally, $20,948,000 is for the
purpose
of providing a cost-of-living adjustment (COLA) at a rate of 4.23
percent.
2. An additional $52,583,000 in expenditures for this item has
been
deferred until the 2006-07 fiscal year.
6110-112-0890--For local assistance, Department of Education,
Program 20.60.036-Public Charter Schools, payable from the Federal
Trust Fund . . . 29,852,000
Provisions:
1. Of the funds appropriated in this item, an amount of up to
$422,000
may be transferred to Item 6110-001-0890 to be used for state
operations purposes relating to federal charter school grants.
2. Of the funds appropriated in this item, $6,000,000 is provided
in
one-time carryover funds, that are available to support the existing
program.
6110-113-0001--For local assistance, Department of Education
(Proposition 98), for purposes of California's pupil testing program
. . .
85,864,000
Schedule:
(1) 20.70.030.005-Assessment Review and Reporting . . . 2,313,000
(2) 20.70.030.006-STAR Program . . . 63,946,000
(3) 20.70.030.007-English Language Development Assessment . . .
11,437,000
(4) 20.70.030.008-High School Exit Examination . . . 6,761,000
(5) 20.70.030.015-California High School Proficiency Exam . . .
1,020,000
(6) 20.70.030.016-Test Development:
STAR Exam . . . 1,407,000
(7) Reimbursements . . . -1,020,000
Provisions:
1. The funds appropriated in this item shall be for the pupil
testing
programs authorized by Chapter 5 (commencing with Section 60600),
Chapter 7 (commencing with Section 60810), and Chapter 9
(commencing with Section 60850) of Part 33 of the Education Code.
2. The funds appropriated in Schedule (2) include funds for
primary
language tests administered pursuant to Article 4 (commencing with
Section 60640) of Chapter 5 of Part 33 of the Education Code.
3. The funds appropriated in Schedule (3) shall be available for
approved
contract costs and apportionment costs for administration of an
English
Language development test meeting the requirements of Chapter 7
(commencing with Section 60810) of Part 33 of the Education Code. A
total of $9,813,000 is provided as incentive funding of $5 per pupil
for
district apportionments for the English Language Development Test. As
a
condition of receiving these funds, school districts must agree to
provide
information determined to be necessary to comply with the data
collection
and reporting requirements of the No Child Left Behind Act of 2001
(P.L. 107-110) regarding English language learners by the State
Department of Education with approval by the State Board of
Education.
4. The funds appropriated in Schedule (4) include funds for
approved
contract costs and apportionment costs for the administration of the
HSEE pursuant to Chapter 9 (commencing with Section 60850) of Part
33 of the Education Code.
5. The funds appropriated in Schedule (6) shall be available for
test item
development for the STAR Program during the 2005-06 fiscal year. The
test items developed with these funds shall make progress in aligning
this
exam with the State Board of Education-approved academic content
standards and in ensuring that this exam is valid and reliable as
measured
by industry standards.
6. It is the intent of the Legislature that the State Department
of Education
develop a plan to streamline existing programs to eliminate
duplicative
tests and minimize the instructional time lost to test
administration. The
State Department of Education shall ensure that all statewide tests
meet
industry standards for validity and reliability.
7. The State Board of Education shall annually establish the
amount of
funding to be apportioned to school districts for the High School
Exit
Examination. The amount of funding to be apportioned per test shall
not
be valid without the approval of the Department of Finance.
8. Funds provided in Schedules (2), (3), and (4) shall first be
used to
offset any state-mandated reimbursable costs within the meaning of
Section 17556 of the Government Code, that otherwise may be claimed
through the state mandates reimbursement process for the Standardized
Testing and Reporting Program, the California English Language
Development Test, and the High School Exit Examination, respectively.
Local educational agencies accepting funding from these schedules
shall
reduce their estimated and actual mandate reimbursement claims by the
amount of funding provided to them from these schedules.
9. Notwithstanding any other provision of law, any changes that
result in
additional costs to the assessments funded pursuant to this item
shall not
be valid without prior approval by the Department of Finance and the
State Board of Education.
6110-113-0890--For local assistance, Department of Education-Title
VI
Flexibility and Accountability, payable from the Federal Trust Fund .
. .
32,678,000
Schedule:
(1.5) 20.60.030.005-Instructional Support: Alternative Assessment
Development . . . 650,000
(2) 20.60.030.030-Instructional Support: Alternative Schools
Accountability Model . . . 775,000
(3) 20.070.030.005-Instructional Support: Assessment Review and
Reporting . . . 600,000
(4) 20.70.030.006-Instructional Support: STAR Program . . .
2,180,000
(5) 20.70.030.007-Instructional Support: English Language
Development
Test . . . 11,556,000
(6) 20.70.030.008-Instructional Support: High School Exit
Examination
. . . 8,121,000
(7) 20.70.030.016-Instructional Support: Test Development--STAR
Examination . . . 535,000
(8) 20.70.030.022-Instructional Support: High School Exit
Examination
Workbooks . . . 2,500,000
(9) 20.70.030.026-Instructional Support: Primary Language Test
Development . . . 3,000,000
(10) 20.070.030.029-Instructional Support: High School Exit
Examination: Evaluation of Instruction . . . 261,000
(11) 20.070.030.031-Instructional Support: CELDT-Vertical Scaling
Project . . . 300,000
(12) 20.70.030.032-Instructional Support: California Alternate
Performance Assessment . . . 2,200,000
Provisions:
1. Funds appropriated in Schedule (2) are provided for the
continued
development of the Alternative Schools Accountability Model to
include
alternative schools within the state's system of accountability.
2. Funds appropriated in Schedule (4) are provided for approved
contract and district apportionment costs related to the Standardized
Testing and Reporting Program. Of this amount, $1.334 million is for
the
planning and development of science tests.
3. Funds appropriated in Schedule (6) are provided for approved
contract and district apportionment costs related to the High School
Exit
Examination.
4. The funds appropriated in Schedule (5) shall be available for
approved
contract costs for administration of the California English Language
Development Test, consistent with the requirements of Chapter 7
(commencing with Section 60810) of Part 33 of the Education Code.
5. Funds appropriated in Schedule (8) are for the printing and
distribution
of the High School Exit Examination Workbooks.
6. Funds appropriated in Schedule (12) are for approved contract
costs
and district apportionments of $5 per pupil for the California
Alternate
Performance Assessment.
7. Funds appropriated in Schedule (10) are for an evaluation of
instruction in the standards covered by the High School Exit
Examination
in order to determine the progress of middle schools and high schools
in
implementing instruction and curriculum aligned to those standards.
The
Department of Finance may transfer funds provided pursuant to this
provision to Item 6110-001-0890.
8. Funds appropriated in Schedule (11) are to produce a vertical
scale
for the California English Language Development Test to allow a more
accurate system of holding schools accountable for improving English
proficiency among English language learners. The Department of
Finance
may transfer funds provided pursuant to this provision to Item
6110-001-0890.
9. Funds appropriated in Schedule (3) are for providing local
educational
agencies information regarding federal requirements associated with
assessments.
10. Funds provided in Schedules (4), (5), (6), (9), and (12) shall
first be
used to offset any statemandated reimbursable cost, within the
meaning of
subdivision (e) of Section 17556 of the Government Code, that
otherwise
may be claimed through the state mandates reimbursement process for
the Standardized Testing and Reporting Program, the California
English
Language Development Test, the California High School Exit
Examination, and the California Alternate Performance Assessment.
Local educational agencies accepting funding from these schedules
shall
reduce their estimated and actual mandate reimbursement claims by the
amount of funding provided to them from these schedules.
11. The funds appropriated in Schedule (7) shall be available for
test item
development for the STAR Program during the 2005-06 fiscal year. The
test items developed with these funds shall make progress in aligning
this
exam with academic content standards approved by the State Board of
Education and in ensuring that this exam is valid and reliable as
measured
to industry standards.
12. The funds appropriated in Schedule (9) are for the development
and
administration of primary language tests aligned to state-adopted
academic content standards, pursuant to Chapter 233 of the Statutes
of
2004, in grade order starting with the second grade.
14. Notwithstanding any other provision of law, any changes that
result in
additional costs to the assessments funded pursuant to this item
shall not
be valid without prior approval by the Department of Finance and the
State Board of Education.
15. Of the funds appropriated in Schedule (5), $1,400,000 is
available
for the development, pursuant to legislation effective on or before
January
1, 2006, of reading and writing assessments for English language
learners
in Kindergarten and Grade 1 to comply with the federal No Child Left
Behind Act of 2001 (P.L. 107-100) which requires assessments of
English proficiency to include an assessment of progress in attaining
English reading and writing skills.
16. The funds appropriated in Schedule (1.5) are available pending
approval of an expenditure plan to be submitted by the State
Department
of Education to the Legislature and the Department of Finance
specifying
the use of these funds for the development of an alternative
assessment
for students not presently tested at grade level, pursuant to federal
guidelines.
6110-117-0001--For local assistance, State Department of
Education,
Program 10.70-Vocational Education, in lieu of the amount that
otherwise would be appropriated pursuant to subdivision (b) of
Section
19632 of the Business and Professions Code . . . 514,000
Provisions:
1. Of the funds appropriated by this item, $50,000 shall be
available to
support the California Association of Student Councils.
6110-119-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 20.40.060-Educational Services for Foster Youth pursuant to
Chapter 11.3 (commencing with Section 42920) of Part 24 of Division 3
of Title 2 of the Education Code . . . 9,495,000
Provisions:
1. Of the funds appropriated in this item, $62,000 is to provide
an
adjustment for increases in average daily attendance at a rate of
0.69
percent. If growth funds are insufficient, the State Department of
Education may adjust the per-pupil growth rate to conform to the
available funds. Additionally, $385,000 is to provide a
cost-of-living
adjustment at a rate of 4.23 percent.
6110-119-0890--For local assistance, Department of Education, for
Program 10.30.060.002--Title I Program for Neglected and Delinquent
Children, payable from the Federal Trust Fund . . . 3,208,000
6110-122-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 20.40.090-Specialized Secondary Programs, pursuant to
Chapter 6 (commencing with Section 58800) of Part 31 of the Education
Code . . . 5,573,000
Provisions:
1. Of the funds appropriated in this item, $1,500,000 shall be
allocated to
Specialized Secondary Programs established pursuant to Chapter 6
(commencing with Section 58800) of Part 31 of the Education Code
prior to the 1991-92 fiscal year that operate in conjunction with the
California State University.
2. Of the funds appropriated in this item, $37,000 is to provide
an
adjustment for increases in average daily attendance at a rate of
0.69
percent. If growth funds are insufficient, the State Department of
Education may adjust the per-pupil growth rate to conform to
available
funds. Additionally, $226,000 is to provide a cost-of-living
adjustment at
a rate of 4.23 percent.
6110-123-0001--For local assistance, Department of Education
(Proposition 98), for implementation of the Public Schools
Accountability Act, pursuant to Chapter 6.1 (commencing with Section
52050) of Part 28 of the Education Code . . . 249,209,000
Schedule:
(1) 20.60.030.031-Immediate Intervention/Underperforming Schools
Program . . . 7,519,000
(2) 20.60.030.034-High Priority Schools . . . 238,689,000
(3) 20.60.030.036-Corrective Actions . . . 3,001,000
Provisions:
1. Funds appropriated in Schedule (1) are provided solely for the
purpose of implementing the Immediate Intervention/Underperforming
Schools Program, pursuant to Article 3 (commencing with Section
52053) of Chapter 6.1 of Part 28 of the Education Code. These funds
are to fund implementation grants for the third cohort of schools
that
received planning grants under the program during the 2001-02 fiscal
year.
2. (a) Funds appropriated in Schedule (2) are provided solely for
the
purpose of implementing the High Priority Schools Grant Program
pursuant to Article 3.5 (commencing with Section 52055.600) of
Chapter 6.1 of Part 28 of the Education Code. Of these funds, up to
$60,000,000 shall be available to fund a second cohort of schools
under
the program, and $10,000,000 or whatever greater or lesser amount is
necessary, shall be available to support schools working with school
assistance and intervention teams or schools subject to state
sanctions by
the Superintendent of
Public Instruction as part of the High Priority
Schools Grant Program.
(b) Funds for a second cohort shall not be released until
legislation is
enacted authorizing that cohort and clarifying the criteria and
timeframes
for participating schools to exit the program. Funds for sanctions
shall be
contingent upon legislation defining those sanctions and authorizing
the
allocation of funding for that purpose.
3. Pursuant to Chapter 1020, Statutes of 2002, the funds
appropriated in
Schedule (3) shall, upon ap-proval by the State Board of Education,
be
avail-able to support schools working with School Assistance and
Intervention Teams or schools subject to state or federal sanctions
by the
Superintendent of Public Instruction as part of the Immediate
Intervention/Underperforming Schools Program or No Child Left Behind
Act of 2001 (P.L. 107-110). To the extent necessary to fully fund the
Immediate Intervention/Underperforming Schools Program and School
Assistance and Intervention Teams, the Department of Finance may
transfer funds between Schedule (1) and Schedule (3) of this item.
6110-123-0890--For local assistance, Department of Education,
payable from the Federal Trust Fund . . . 65,141,000
Schedule:
(1) 20.60.030.035-Innovative Programs, Title V-ESEA . . .
21,302,000
(2) 20.60.030.038-Comprehensive School Reform Program . . .
43,839,000
Provisions:
1. Of the funds appropriated in Schedule (1) of this item, the
State
Department of Education may allocate up to $15.2 million to qualified
applications received in response to the Request for Applications
released by the State Department of Education in December 2003. For
the remaining balance of these funds, the State Department of
Education
shall award grants in the following priority order to qualified
applications
from schools that neither are receiving nor have ever received
funding
from the High Priority Schools Grant Program, the Immediate
Intervention/Underperforming Schools Program, or the Comprehensive
School Reform Program: (a) schools in federal program improvement in
districts that have either 15 or more schools in federal program
improvement or in which 55 percent or more of the schools are in
federal
program improvement, (b) schools in federal program improvement, then
(c) any other eligible schools in Academic Performance Index (API)
deciles 1 through 5, inclusive. Within each of these categories,
schools
having the lowest API scores shall have priority. Funding shall be
provided at a rate of $200 per pupil, with each qualified applicant
receiving a minimum grant of $50,000, plus an additional 10 percent
of
the award amount for district support. In accordance with Section
52055.600 of the Education Code, to the extent that a school
receiving a
new Comprehensive School Reform Program grant also participates in a
new cohort of the High Priority Schools Grant Program, funds for the
Comprehensive School Reform Program shall count against that school's
High Priority Schools Grant. Funding for the second and third years
is
contingent upon California receiving sufficient funding from the
federal
government to continue providing grants. If the State Department of
Education does not receive sufficient qualified applications, any
remaining
funding may be used to provide second year grants to qualified
applicants.
6110-124-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 10.80.010-Gifted and Talented Pupil Program established
pursuant to Chapter 8 (commencing with Section 52200) of Part 28 of
the Education Code . . . 46,197,000
Provisions:
1. An additional $4,294,000 in expenditures for this purpose has
been
deferred to the 2006-07 fiscal year.
2. Of the funds appropriated in this item, $304,000 is for the
purpose of
providing an adjustment for increases in average daily attendance at
a rate
of 0.69 percent. Additionally, $1,875,000 is for the purpose of
providing
a cost-of-living adjustment at a rate of 4.23 percent.
6110-125-0001--For local assistance, Department of Education
(Proposition 98), for English Language Learners Program 20.10.006 . .
.
57,720,000
Provisions:
1. Of the funds appropriated in this item, $379,000 is to provide
an
adjustment for increases in average daily attendance at a rate of
0.69
percent. If growth funds are insufficient, the State Department of
Education may adjust the per-pupil growth rate to conform to
available
funds. Additionally, $2,342,000 is to provide a cost-of-living
adjustment
at a rate of 4.23 percent.
6110-125-0890--For local assistance, Department of Education . . .
294,959,000
Schedule:
(1) 10.30.010-Title I, Migrant Education . . . 144,461,000
(2) 10.40.030.004-Refugee Children School Impact Grant . . .
2,050,000
(3) 20.10.004-Title III, Language Acquisition . . . 148,448,000
Provisions:
1. Of the funds appropriated in Schedule (1) of this item, the
State
Department of Education shall use no less than $6,500,000 and up to
$7,100,000 for the California Mini-Corps Program.
6110-126-0890--For local assistance, Department of Education,
Program 20.60.290-Instructional Support, Title I, Part B of the
Elementary and Secondary Education Act (Reading First Program)
payable from the Federal Trust Fund . . . 151,924,000
Provisions:
1. The funds appropriated in this item are provided pursuant to
Article 1
(commencing with Section 51700) of Chapter 5 of Part 28 of the
Education Code.
2. Of the funds reflected in this item, $6,489,000 is carryover
funding
from prior years.
3. Of the funds appropriated in this item, $6,650,000 shall be
available
for Reading First's statewide and regional infrastructure, including
its six
Regional Technical Assistance Centers.
4. The funds appropriated in this item may be used to extend Round
1
and Round 2 grants for a fourth year for nonbilingual classrooms and
for
a third year for bilingual (waivered) classrooms. School districts
receiving
fourth-year grant extensions shall retain the per-teacher funding
level
provided for in their original grants and may give priority for
services to
currently unfunded schools. It is the intent of the Legislature that
there be
parity in duration and level of funding among grantees except for
reasons
related to demonstration of sufficient progress. By May 1, 2006, the
State Department of Education, working with and on behalf of
participating school districts, shall provide the Legislature with
total annual
Reading First expenditures for each schoolsite for 2004-05 and
2005-06.
5. Of the funds appropriated in this item, $20,671,000 shall be
used for
second-year grants for Round 3 grantees.
6. Carryover funds appropriated in this item shall be used to fund
currently unfunded school districts. School districts previously
applying
for but denied funding and still eligible may submit improved
applications
as part of this round of funding. The funding level per teacher for
this
round shall be $6,500, though school districts, pursuant to paragraph
(3)
of subdivision (c) of Section 51700 of the Education Code, may seek
joint approval from the State Department of Education (SDE) and
Department of Finance to receive up to $8,000 per teacher. By May 1,
2006, the SDE shall provide the Legislature with all of the
following: (a)
the number of school districts applying for new grants, (b) the
number of
school districts receiving new grants, (c) the number of K-3 teachers
funded, (d) the number of K-12 special education teachers served, (e)
the average per- teacher grant amount, and (f) the total amount
expended
for new grants.
7. Prior to September 1, 2005, the State Depart- ment of Education
(SDE) shall convene an advisory group to assist it in implementing
the
Reading First program in waivered classrooms. The advisory group
shall
be comprised of: (a) teachers of waivered classrooms participating in
the
Reading First Program as recommended by superintendents of school
districts participating in Reading First, (b) academic experts in
second-language acquisition, and (c) academic experts in reading who
have knowledge of both formats of the Reading/Language Arts programs
and expertise in Spanish language arts or the development of Spanish
language arts assessment. The advisory groups shall assist the SDE in
the
following: (a) revising and implementing Reading First assessments
for
waivered classrooms, such that the assessments are comparable to and
as rigorous as all of the assessments developed for the
English-language
Reading First program, and (b) developing and implementing training
for
teachers and coaches in all of the approved alternative format
instructional teacher materials. By March 1, 2006, the SDE shall
submit a
report to the Legislature detailing the improvements made in this
area. It is
the intent of the Legislature that no funding shall be provided to
support
this advisory committee.
8. By May 1, 2006, the State Department of Education (SDE) shall
provide the Legislature with the following: (a) the number and
percentage
of all K-12 special education teachers in Reading First schools
receiving
Reading First professional development for each year, 2001-02 through
2005-06, and (b) the number and percentage of all K-12 special
education classes in Reading First schools that have appropriate
reading
materials purchased using the state's instructional materials program
as set
forth in Article 3 (commencing with Section 60240) of Chapter 2 of
Part
33 of the Education Code.
9. Changes to the Reading First program that exceed or modify
program
components as set forth in Article 1 (commencing with Section 51700)
of
Chapter 5 of Part 28 of the Education Code, including any extension
of
the grant period beyond four years, require implementing legislation.
6110-128-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 10.30.070-Economic Impact Aid . . . 586,865,000
Schedule:
(1) 10.30.070.001-Article 2 (commencing with Section 54020) of
Chapter 1 of Part 29 of Division 4 of Title 2 of the Education Code .
. .
410,803,300
(2) 10.30.070.020-Sections 54031 and 54033 of the Education Code,
and Article 4 (commencing with Section 54040) of Chapter 1 of Part 29
of Division 4 of Title 2 of the Education Code . . . 176,061,700
Provisions:
1. If the funds appropriated in this item are insufficient to
fully fund the
allocations under Article 4 (commencing with Section 54040) of
Chapter
1 of Part 29 of Division 4 of Title 2 of the Education Code, the
Superintendent of Public Instruction shall prorate the allocations
made
pursuant to that article to reflect the amount of funding available.
2. Of the funds appropriated in this item, $26,812,000 is for the
purpose
of providing an adjustment for increases in average daily attendance
at a
rate of 5 percent. If growth funds are insufficient, the State
Department of
Education may adjust the per-pupil growth rates to conform to
available
funds. Additionally, $23,817,000 is to provide a cost-of-living
adjustment
at a rate of 4.23 percent.
6110-130-0001--For local assistance, Department of Education,
Program 20.60.100-Advancement Via Individual Determination . . .
9,035,000
Provisions:
1. Of the funds appropriated, $1,300,000 is available for
administration
of the Advancement Via Individual Determination (AVID) centers.
6110-136-0890--For local assistance, Department of Education,
payable from the Federal Trust Fund . . . 1,846,724,000
Schedule:
(1) 10.30.060-Title I-ESEA . . . 1,751,527,000
(2) 10.30.065-McKinney-Vento Homeless Children Education . . .
8,720,000
(3) 10.30.080-Title I-School Improvement . . . 86,477,000
Provisions:
1. In administering the accountability system required by this
item, the
State Department of Education shall align the forms, processes, and
procedures required of local educational agencies in a manner that
they
may be utilized for the purposes of implementing the Public Schools
Accountability Act, as established by Chapter 6.1 (commencing with
Section 52050) of Part 28 of the Education Code, so that duplication
of
effort is minimized at the local level.
2. Of the funds appropriated in Schedule (3) of this item,
$10,000,000
shall be available for use by the State Department of Education for
the
purposes of the Statewide System of School Support established by
Article 4.2 (commencing with Section 52059) of Chapter 6.1 of Part 28
of the Education Code.
3. Of the funds appropriated in Schedule (3) of this item, up to
$10,000,000 shall be made available to support school assistance and
intervention teams that enter into a contract with a school pursuant
to
subdivision (a) of Section 52055.51 of the Education Code. These
funds
shall be allocated in the amount of $75,000 for each school
assistance
and intervention team assigned to an elementary or middle school, and
$100,000 for each team assigned to a high school. The State
Department
of Education and Department of Finance may approve applications with
justification for a total funding level of $125,000.
4. Of the funds appropriated in Schedule (3) of this item, up to
$20,000,000 shall be made available to provide $150 per pupil for
each
pupil in a school that is managed in accordance with paragraph (3) of
subdivision (b) of Section 52055.5 of the Education Code or that
contracts with a school assistance and intervention team pursuant to
subdivision (a) of Section 52055.51 of the Education Code.
5. Of the funds appropriated in Schedule (3), $46,477,000 shall be
available pursuant to Article 3.1 (commencing with Section 52055.57)
of
Chapter 6.1 of Part 28 of the Education Code, for Title I district
accountability.
6. Of the funds appropriated in Schedule (2), $500,000 is
available as a
one-time carryover from prior years.
6110-137-0001--For local assistance, Department of Education,
(Proposition 98), for transfer to Section A of the State School Fund,
Program 20.60.260--Instructional Support, Mathematics and Reading
Professional Development Program . . . 31,728,000
Provisions:
1. The funds appropriated in this item shall be for allocation to
local
education agencies that participate in the Mathematics and Reading
Professional Development Program established pursuant to Article 3
(commencing with Section 99230) of Chapter 5 of Part 65 of the
Education Code.
2. Within 30 days of the enactment of this act, the Superintendent
of
Public Instruction shall calculate the percentage of teachers
eligible for
funding based on the funds appropriated in this item. Prior to
notifying
local education agencies of this percentage, the Superintendent of
Public
Instruction shall submit the calculation to the Department of Finance
for
verification.
6110-137-0890--For local assistance, Department of Education,
Program 20.10.005-Rural and Low Income Schools Grant, payable from
the Federal Trust Fund . . . 1,377,000
6110-139-0001--For local assistance, Department of Education
(Proposition 98), Program 10.10-School Apportionments, Pupil
Residency Verification . . . 176,000
Provisions:
1. Funds appropriated in this item are for the purpose of
assisting school
districts that are adjacent to the international border with their
pupil
resi-dency verification, consistent with the intent of Section
48204.6 of
the Education Code.
2. The funds appropriated in this item shall be considered
offsetting
revenues within the meaning of subdivision (e) of Section 17556 of
the
Government Code for any reimbursable mandated cost claim for pupil
residency verification and appeals. Local educational agencies
accepting
funding from this item shall reduce their estimated and actual
mandate
reimbursement claims by the amount of funding provided to them from
this item.
6110-140-0001--For local assistance, Department of Education,
(Proposition 98), Program 20-Instructional Support . . . 4,549,000
Schedule:
(1) 20.80.001-Student Friendly Services . . . 500,000
(2) 20.90.001.020-California School Information Services
Administration . . . 3,899,000
(3) 20.90.001.030-California School Information Services
Administration Independent Project Oversight . . . 150,000
Provisions:
1. The Superintendent of Public Instruction shall allocate the
funds
appropriated in Schedule (1) of this item for the Student Friendly
Services program.
2. The funds appropriated in Schedule (2) in this item shall be
for
allocation to the Fiscal Crisis and Management Assistance Team for
costs
associated with administration of the CSIS project.
3. The Superintendent of Public Instruction shall allocate the
funds
appropriated in Schedule (3) to the Sacramento County Office of
Education, which shall use the funds to contract for independent
project
oversight of the California School Information Services (CSIS)
program.
The independent project oversight shall include the submission of
quarterly project reports on the progress of the CSIS program to the
Legislature, the Department of Finance, the Superintendent of Public
Instruction, the State Board of Education, the Governor, the
Legislative
Analyst's Office, and the Fiscal Crisis and Management Assistance
Team
for the duration of the program implementation. These reports shall
include, but not be limited to, information on 1) CSIS capacity for
additional district cohorts, 2) readiness of self-identified
districts for
participation in new CSIS cohort, 3) CSIS operations budget, and 4)
CSIS readiness to implement additional phases of state reporting and
records transfer.
6110-144-0001--For local assistance, Department of Education
(Proposition 98), Program 20.60.270-Principal Training Program
pursuant to Article 4.6 (commencing with Section 44510) of Chapter 3
of Part 25 of the Education Code . . . 5,000,000
6110-151-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 10.30.050 and Program 10.30.051-American Indian Education
. . . 4,698,000
Schedule:
(1) 10.30.050-American Indian Education Centers established
pursuant
to Article 6 (commencing with Section 33380) of Chapter 3 of Part 20
of
Division 2 of Title 2 of the Education Code . . . 4,100,000
(2) 10.30.051-American Indian Early Childhood Education Program
established pursuant to Chapter 6.5 (commencing with Section 52060)
of
Part 28 of the Education Code . . . 598,000
Provisions:
1. Of the amount appropriated in this item, $31,000 is to provide
an
adjustment for increases in average daily attendance at a rate of
0.69
percent. If the amount needed to fund growth is insufficient, the
State
Department of Education may adjust the per-pupil growth rate to
reflect
the available funds. Additionally, $191,000 is to provide a
cost-of-living
adjustment (COLA) at a rate of 4.23 percent.
6110-152-0001--For local assistance, Department of Education,
Program 10.30.050-American Indian Education Centers pursuant to
Article 6 (commencing with Section 33380) of Chapter 3 of Part 20 of
the Education Code . . . 376,000
6110-156-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
for
allocation by the Superintendent of Public Instruction to school
districts,
county offices of education, and other agencies for the purposes of
Proposition 98 educational programs funded by this item, in lieu of
the
amount that otherwise would be appropriated pursuant to statute . . .
602,054,000
Schedule:
(1) 10.50.010.001-Adult Education . . . 602,054,000
(2) 10.50.010.008-Remedial education services for participants in
the
CalWORKs program . . . 8,739,000
(3) Reimbursements-CalWORKs . . . -8,739,000
Provisions:
1. Credit for participating in adult education classes or programs
may be
generated by a special day class pupil only for days in which the
pupil has
met the minimum day requirements set forth in Section 46141 of the
Education Code.
2. The funds appropriated in Schedule (2) constitute the funding
for both
remedial education and job training services for participants in the
CalWORKs program (Article 3.2 (commencing with Section 11320) of
Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions
Code).
Funds shall be apportioned by the Superintendent of Public
Instruction
for direct instructional costs only to school districts and regional
occupational centers and programs (ROC/Ps) that certify that they are
unable to provide educational services to CalWORKs recipients within
their adult education block entitlement or ROC/P block entitlement,
or
both. Allocations shall be distributed by the Superintendent of
Public
Instruction as equal statewide dollar amounts, based on the number of
CalWORKs eligible family members served in the county.
3. Providers receiving funds under this item for adult basic
education,
English as a Second Language, and English as a Second
Language-Citizenship for legal permanent residents, shall, to the
extent
possible, grant priority for services to immigrants facing the loss
of
federal benefits under the federal Personal Responsibility and Work
Opportunity Reconciliation Act of 1996. Citizenship and
naturalization
preparation services funded by this item shall include, to the extent
consistent with applicable federal law, all of the following: (a)
outreach
services; (b) assessment of skills; (c) instruction and curriculum
development; (d) professional development; (e) citizenship testing;
(f)
naturalization preparation and assistance; and (g) regional and state
coordination and program evaluation.
4. The funds appropriated in Schedule (2) of this item shall be
subject to
the following:
(a) The funds shall be used only for educational activities for
welfare
recipient students and those in transition off of welfare. The
education
activities shall be limited to those designed to increase
self-sufficiency, job
training, and work. These funds shall be used to supplement and not
supplant existing funds and services provided for welfare recipient
students and those in transition off of welfare.
(b) Notwithstanding any other provision of law, each local
educational
agency's individual cap for adult education and regional occupational
center and programs (ROC/Ps), average daily attendance shall not be
increased as a result of the appropriations made by this section.
(c) Funds may be claimed by local educational agencies for
services
provided to welfare recipient students and those in transition off of
welfare pursuant to this section only if all of the following occur:
(1) Each local educational agency has met the terms of the
interagency
agreement between the State Department of Education and the
Department of Social Services pursuant to Provision 2 of this item.
(2) Each local educational agency has fully claimed its respective
adult
education or ROC/Ps average daily attendance cap for the current
year.
(3) Each local educational agency has claimed the maximum
allowable
funds available under the interagency agreement pursuant to Provision
2
of this item.
(d) Each local educational agency shall be reimbursed at the same
rate as
it would otherwise receive for services provided pursuant to this
item or
pursuant to Item 6110-105-0001 of Section 2.00 of this act, and shall
comply with the program requirements for adult education pursuant to
Chapter 10 (commencing with Section 52500) of Part 28 of the
Education Code, and ROC/Ps requirements pursuant to Article 1
(commencing with Section 52300) of, and Article 1.5 (commencing with
Section 52335) of, Chapter 9 of, Part 28 of the Education Code,
respectively.
(e) Notwithstanding any other provision of law, funds appropriated
in this
section for average daily attendance (ADA) generated by participants
in
the CalWORKs program may be apportioned on an advance basis to
local educational agencies based on anticipated units of ADA if a
prior
application for this additional ADA funding has been approved by the
Superintendent of Public Instruction.
(f) The Legislature finds the need for good information on the
role of local
educational agencies in providing services to individuals who are
eligible
for or recipients of CalWORKs assistance. This information includes
the
extent to which local educational programs serve public assistance
recipients and the impact these services have on the recipients'
ability to
find jobs and become self-supporting.
(g) The State Department of Education shall develop a data and
accountability system to obtain information on education and job
training
services provided through state-funded adult education programs and
regional occupational centers and programs. The system shall collect
information on (1) program funding levels and sources; (2)
characteristics
of participants; and (3) pupil and program outcomes. The department
shall work with the Department of Finance and Legislative Analyst in
determining the specific data elements of the system and shall meet
all
information technology reporting requirements of the Department of
Finance.
(h) As a condition of receiving funds provided in Schedule (2) of
this item
or any General Fund appropriation made to the State Department of
Education specifically for education and training services to welfare
recipient students and those in transition off of welfare, local
adult
education programs and regional occupational centers and programs
shall
collect program and participant data as described in this section
and as
required by the State Department of Education. The State Department
of
Education shall require that local providers submit to the state
aggregate
data for the period July 1, 2005, to June 30, 2006, inclusive.
5. Of the funds appropriated in this item, $14,088,000 is provided
for
increases in average daily attendance at a rate of 2.50 percent. If
growth
funds are insufficient, the State Department of Education may adjust
the
per-pupil growth rates to conform to
available funds. Additionally,
$24,433,000 is for the purpose of providing a cost-of-living
adjustment
at a rate of 4.23 percent.
6. An additional $45,896,000 in expenditures for this item has
been
deferred until the 2006-07 fiscal year.
6110-156-0890--For local assistance, Department of Education,
Program 10.50.010.001-Adult Education, payable from the Federal
Trust Fund . . . 79,212,000
Provisions:
1. Under any grant awarded by the State Department of Education
under
this item to a qualifying community-based organization to provide
adult
basic education in English as a Second Language and English as a
Second Language-Citizenship classes, the department shall make an
initial
payment to the organization of 25 percent of the amount of the grant.
In
order to qualify for an advance payment, a community-based
organization
shall submit an expenditure plan and shall guarantee that appropriate
standards of educational quality and fiscal accountability are
maintained.
In addition, reimbursement of claims shall be distributed on a
quarterly
basis. The State Department of Education shall withhold 10 percent of
the final payment of a grant as described in this provision until all
claims
for that communitybased organization have been submitted for final
payment.
2. (a) Notwithstanding any other provision of law, all nonlocal
educational
agencies (Non-LEA) receiving greater than $300,000 pursuant to this
item shall submit an annual organizational audit, as specified, to
the State
Department of Education, Office of External Audits.
All audits shall be performed by one of the following: (1) a
certified
public accountant possessing a valid license to practice within
California;
(2) a member of the State Department of Education's staff of
auditors; or
(3) in-house auditors, if the entity receiving funds pursuant to this
item is a
public agency, and if the public agency has internal staff that
performs
auditing functions and meets the tests of independence found in
Standards
for Audits of Governmental Organization, Programs, Activities and
Functions issued by the Comptroller General of the United States.
The audit shall be in accordance with State Department of
Education
audit guidelines and Office of Management and Budget, Circular No.
A-133, Audits of Institutions of Higher Education and Other
Non-Profit
Institutions.
Non-LEA entities receiving funds pursuant to this item shall
submit the
annual audit no later than six months from the end of the agency
fiscal
year. If, for any reason, the contract is terminated during the
contract
period, the auditor shall cover the period from the beginning of the
contract through the date of termination.
Non-LEA entities receiving funds pursuant to this item shall be
held
liable for all State Department of Education costs incurred in
obtaining an
independent audit if the contractor fails to produce or submit an
acceptable audit.
(b) Notwithstanding any other provision of law, the State
Department of
Education shall annually submit to the Governor, Joint Legislative
Budget
Committee, and Joint Legislative
Audit Committee limited scope audit reports of all subrecipients it
is
responsible
for monitoring that receive between
$25,000 and $300,000 of federal awards, and that do not have an
organization-wide audit performed. These limited scope audits shall
be
conducted in accordance with the State Department of Education audit
guidelines and Office of Management and Budget, Circular No. A-133.
The State Department of Education may charge audit costs to
applicable
federal awards, as authorized by OMB, Circular No. A-133 Section
230(b)(2).
The limited scope audits shall include agreed-upon procedures
engagements conducted in accordance with either AICPA generally
accepted auditing standards or attestation standards, and address one
or
more of the following types of compliance requirements: allowed or
unallowed activities; allowable costs and cost principles;
eligibility;
matching; level of effort; earmarking; and reporting.
The State Department of Education shall contract for the limited
scope
audits with a certified public accountant possessing a valid license
to
practice within the state or with an independent auditor.
3. On or before March 1, 2006, the State Department of Education
shall
report to the appropriate subcommittees of the Assembly Budget
Committee and the Senate Budget and Fiscal Review Committee on the
following aspects of Title II of the federal Workforce Investment
Act: (a)
the makeup of those adult education providers that applied for
competitive grants under Title II and those that obtained grants, by
size,
geographic location, and type (school districts, community colleges,
community-based organizations, other local entities); (b) the extent
to
which participating programs were able to meet planned performance
targets; and (c) a breakdown of the types of courses (ESL,
ESL-Citizenship, ABE, ASE) included in the performance targets of
participating agencies. It is the intent of the Legislature that the
Legislature
and State Department of Education utilize the
information provided pursuant to this provision to (a) evaluate
whether
any changes need to be made to improve the implementation of the
accountability-based funding system under Title II and (b) evaluate
the
feasibility of any future expansion of the accountability-based
funding
system using state funds.
4. The State Department of Education shall continue to ensure that
outcome measures for Department of Mental Health and Department of
Developmental Services clients are set at a level where these clients
will
continue to be eligible for adult education services in the 2005-06
fiscal
year and beyond to the full extent authorized under federal law. The
State
Department of Education shall also consult with the Department of
Mental Health, Department of Developmental Services, and Department
of Finance for this purpose.
6110-158-0001--For local assistance, Department of Education
(Proposition 98), for transfer by the Controller to Section A of the
State
School Fund in lieu of the amount that otherwise would be
appropriated
pursuant to Section 41841.5 of the Education Code, Program
10.50.010.002-Adults in Correctional Facilities . . . 15,322,000
Provisions:
1. Notwithstanding Section 41841.5 of the Education Code, or any
other
provision of law, the amount appropriated in this item and any amount
allocated for this program in this act shall be the only funds
available for
allocation by the Superintendent of Public Instruction to school
districts or
county offices of education for the Adults in Correctional Facilities
program.
2. Notwithstanding Section 41841.5 of the Education Code, or any
other
provision of law, the amount appropriated in this item shall be
allocated
based upon prior year rather than current year expenditures.
3. Notwithstanding any other provision of law, funding distributed
to each
local educational agency (LEA) for reimbursement of services provided
in
the 2004-05 fiscal year for the Adults in Correctional Facilities
program
shall be limited to the amount received by the agency for services
provided in the 2003-04 fiscal year. Funding shall be reduced or
eliminated, as appropriate, for any LEA that reduces or eliminates
services provided under this program in the 2004-05 fiscal year, as
compared to the level of services provided in the 2003-04 fiscal
year.
Any funds remaining as a result of those decreased levels of service
shall
be allocated to provide support for new programs in accordance with
Section 41841.8 of the Education Code.
4. Notwithstanding any other provision of law, funds appropriated
by this
item for growth in average daily attendance first shall be allocated
to
programs that are funded for 20 units or less of average daily
attendance,
up to a maximum of 20 additional units of average daily attendance
per
program.
5. Of the funds appropriated in this item, $365,000 is provided
for
increases in average daily attendance at a rate of 2.50 percent. If
growth
funds are insufficient, the State Department of Education may adjust
the
per-pupil growth rates to conform to available funds. Additionally,
$361,000 is for the purpose of providing a cost-of-living adjustment
at a
rate of 2.41 percent.
6110-161-0001--For local assistance, Department of Education
(Proposition 98), Program 10.60-Special Education Programs for
Exceptional Children . . . 2,894,790,000
Schedule:
(1) 10.60.050.003-Special education instruction . . .
2,831,196,000
(2) 10.60.050.080-Early Education Program for Individuals with
Exceptional Needs . . . 77,989,000
(3) Reimbursements for Early Education Program, Part C . . .
-14,395,000
Provisions:
1. Funds appropriated by this item are for transfer by the
Controller to
Section A of the State School Fund, in lieu of the amount that
otherwise
would be appropriated for transfer from the General Fund in the State
Treasury to Section A of the State School Fund for the 2005-06 fiscal
year pursuant to Sections 14002 and 41301 of the Education Code, for
apportionment pursuant to Part 30 (commencing with Section 56000) of
the Education Code, superseding all prior law.
2. Of the funds appropriated in Schedule (1) of this item,
$11,428,000,
plus any COLA, shall be available for the purchase, repair, and
inventory
maintenance of specialized books, materials, and equipment for pupils
with low-incidence disabilities, as defined in Section 56026.5 of the
Education Code.
3. Of the funds appropriated in Schedule (1) of this item,
$8,826,000,
plus any COLA, shall be available for the purposes of vocational
training
and job placement for special education pupils through Project
Workability I pursuant to Article 3 (commencing with Section 56470)
of
Chapter 4.5 of Part 30 of the Education Code. As a condition of
receiving these funds, each local educational agency shall certify
that the
amount of nonfederal resources, exclusive of funds received pursuant
to
this provision, devoted to the provision of vocational education for
special
education pupils shall be maintained at or above the level provided
in the
1984-85 fiscal year. The Superintendent of Public Instruction may
waive
this requirement for local educational agencies that demonstrate that
the
requirement would impose a severe hardship.
4. Of the funds appropriated in Schedule (1) of this item,
$4,612,000,
plus any COLA, shall be available for regional occupational centers
and
programs that serve pupils having disabilities, and $77,055,000, plus
any
COLA, shall be available for regionalized program specialist
services,
$1,807,000, plus any COLA, for small special education local plan
areas
(SELPAs) pursuant to Section 56836.24 of the Education Code.
5. Of the funds appropriated in Schedule (1), $1,000,000 is
provided for
extraordinary costs associated with single placements in nonpublic,
nonsectarian schools, pursuant to Section 56836.21 of the Education
Code.
6. Of the funds appropriated in Schedule (1), a total of
$183,196,000,
plus any COLA, is available to fund the costs of children placed in
licensed children's institutions who attend nonpublic schools based
on the
funding formula authorized in Chapter 914 of the Statutes of 2004.
7. Of the amount appropriated in Schedule (2) of this item,
$514,000,
plus any COLA, shall be available for infant program growth units
(ages
birth-two years). Funds for infant units shall be allocated pursuant
to
Provision 11 of this item, with the following average number of
pupils per
unit:
(a) For special classes and centers--16.
(b) For resource specialist programs--24.
(c) For designated instructional services--16.
8. Notwithstanding any other provision of law, early education
programs
for infants and toddlers shall be offered for 200 days. Funds
appropriated
in Schedule (2) shall be allocated by the State Department of
Education
for the 2005-06 fiscal year to those programs receiving allocations
for
instructional units pursuant to Section 56432 of the Education Code
for
the Early Education Program for Individuals with Exceptional Needs
operated pursuant to Chapter 4.4 (commencing with Section 56425) of
Part 30 of the Education Code, based on computing 200-day
entitlements. Notwithstanding any other provision of law, funds in
Schedule (2) shall be used only for the purposes specified in
Provisions
10 and 11 of this item.
9. Notwithstanding any other provision of law, state funds
appropriated in
Schedule (2) of this item in excess of the amount necessary to fund
the
deficited entitlements pursuant to Section 56432 of the Education
Code
and Provision 10 of this item shall be available for allocation by
the State
Department of Education to local educational agencies for the
operation
of programs serving solely low-incidence infants and toddlers
pursuant to
Title 14 (commencing with Section 95000) of the Government Code.
These funds shall be allocated to each local educational agency for
each
solely low-incidence child through age two in excess of the number of
solely low-incidence children through age two served by the local
educational agency during the 1992-93 fiscal year and reported on the
April 1993 pupil count. These funds shall only be allocated if the
amount
of reimbursement received from the State Department of Developmental
Services is insufficient to fully fund the costs of operating the
Early
Intervention Program, as authorized by Title 14 (commencing with
Section 95000) of the Government Code.
10. The State Department of Education, through coordination with
the
SELPAs, shall ensure local interagency coordination and collaboration
in
the provision of early intervention services, including local
training
activities, child-find activities, public awareness, and the family
resource
center activities.
11. Funds appropriated in this item, unless otherwise specified,
are
available for the sole purpose of funding 2005-06 special education
program costs and shall not be used to fund any prior year
adjustments,
claims or costs.
12. Of the amount provided in Schedule (1), $162,000, plus any
COLA,
shall be available to fully fund the declining enrollment of
necessary small
SELPAs pursuant to Chapter 551 of the Statutes of 2001.
13. Pursuant to Section 56427 of the Education Code, of the funds
appropriated in Schedule (1) of this item, up to $2,324,000 may be
used
to provide funding for infant programs, and may be used for those
programs that do not qualify for funding pursuant to Section 56432 of
the
Education Code.
14. Of the funds appropriated in Schedule (1) of this item,
$29,478,000
shall be allocated to local educational agencies for the purposes of
Project Workability I.
15. Of the funds appropriated in Schedule (1) of this item,
$1,700,000
shall be used to provide specialized services to pupils with
low-incidence
disabilities, as defined in Section 56026.5 of the Education Code.
16. Of the funds appropriated in Schedule (1) of this item, up to
$1,117,000 shall be used for a personnel development program. This
program shall include state-sponsored staff development for special
education personnel to have the necessary content knowledge and
skills
to serve children with disabilities. This funding may include
training and
services targeting special education teachers and related service
personnel that teach core academic or multiple subjects to meet the
applicable special education requirements of the Individuals with
Disabilities Education Improvement Act of 2004.
17. Of the funds appropriated in Schedule (1) of this item, up to
$200,000 shall be used for research and training in cross-cultural
assessments.
18. Of the amount specified in Schedule (1) of this item,
$31,000,000
shall be used to provide mental health services required by an
individual
education plan pursuant to the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.) and pursuant to Chapter
493 of the Statutes of 2004.
19. Of the amount provided in Schedule (1), $121,896,000 is
provided
for a COLA at a rate of 4.23 percent.
20. Of the amount provided in Schedule (2), $3,165,000 is provided
for
a COLA at a rate of 4.23 percent.
21. Of the amount specified in Schedule (1) of this item,
$12,800,000
shall be allocated to each SELPA based upon an equal amount per ADA
and added to each SELPA's base funding as determined pursuant to
Chapter 854, Statutes of 1997.
22. Of the amount appropriated in this item, $1,480,000 is
available for
the state's share of costs in the settlement of Emma C. v. Delaine
Eastin,
et al. (N.D. Cal. No. C96-4179TEH). The State Department of
Education shall report by January 1, 2006, to the fiscal committees
of
both houses of the Legislature, the Department of Finance, and the
Legislative Analyst's Office on the planned use of the additional
special
education funds provided to the Ravenswood Elementary School District
pursuant to this settlement. The report shall also provide the State
Department of Education's best estimate of when this supplemental
funding will no longer be required by the court. The State Department
of
Education shall comply with the requirements of Section 948 of the
Government Code in any further request for funds to satisfy this
settlement.
23. Of the funds appropriated in this item, $2,500,000 shall be
allocated
directly to special education local plan areas for a personnel
development
program that meets the highly qualified teacher requirements and
ensures
that all personnel necessary to carry out this part are appropriately
and
adequately prepared, subject to the requirements of paragraph (14) of
subdivision (a) of Section 612 of the Individuals with Disabilities
Education Act of 2004 (IDEA), and Section 2122 of the Elementary and
Secondary Education Act of 1965. The local in-service programs shall
include a parent training component and may include a staff training
component, and may include a special education teacher component for
special education service personnel and paraprofessionals, consistent
with
state certification and licensing requirements. Use of these funds
shall be
described in the local plans. These funds may be used to provide
training
in alternative dispute resolution and the local mediation of
disputes. All
programs are to include evaluation components.
24. Of the amount appropriated in Schedule (1), $52,620,000 is
available for the 2005-06 fiscal year on a one-time basis. Local
educational agencies shall use these funds for one-time purposes,
including, but not limited to, the following: to assist students with
disabilities pass the California High School Exit Examination,
instructional
materials, or other one-time expenditures for students with
disabilities.
6110-161-0890--For local assistance, Department of Education,
payable from the Federal Trust Fund, Program 10.60-Special Education
Programs for Exceptional Children . . . 1,149,044,000
Schedule:
(1) 10.60.050.012-Local Agency Entitlements, IDEA Special
Education
. . . 970,398,000
(2) 10.60.050.013-State Agency Entitlements, IDEA Special
Education .
. . 2,152,000
(3) 10.60.050.015-IDEA, Local Entitlements, Preschool Program . .
.
59,240,000
(4) 10.60.050.021-IDEA, State Level Activities . . . 73,220,000
(5) 10.60.050.030-P.L. 99-457, Preschool Grant Program . . .
39,161,000
(6) 10.60.050.031-IDEA, State Improvement Grant, Special Education
.
. . 2,079,000
(7) 10.60.050.032-IDEA, Family Empowerment Centers . . . 2,794,000
Provisions:
1. If the funds for Part B of the federal Individuals with
Disabilities
Education Act that are actually received by the state exceed
$1,132,573,000, at least 95 percent of the funds received in excess
of
that amount shall be allocated for local entitlements and to state
agencies
with approved local plans. Up to 5 percent of the amount received in
excess of $1,132,573,000 may be used for state administrative
expenses
upon approval of the Department of Finance. If the funds for Part B
of
the federal Individuals with Disabilities Education Act that are
actually
received by the state are less than $1,132,573,000, the reduction
shall be
taken in other state level activities.
2. The funds appropriated in Schedule (2) shall be distributed to
state-operated programs serving disabled children from 3 to 21 years
of
age, inclusive. In accordance with federal law, the funds
appropriated in
Schedules (1) and (2) shall be distributed to local and state
agencies on
the basis of the federal Individuals with Disabilities Education Act
permanent formula.
3. Of the funds appropriated in Schedule (4) of this item,
$2,500,000
shall be allocated directly to special education local plan areas for
a
personnel development program that meets the highly qualified teacher
requirements and ensures that all personnel necessary to carry out
this
part are appropriately and adequately prepared, subject to the
requirements of Section 612 (a)(14) of the Individuals with
Disabilities
Education Improvement Act of 2004 and Section 2122 of the Elementary
and Secondary Education Act of 1965. The local in-service programs
shall include a parent training component and may include a staff
training
component, and may include a special education teacher component for
special education service personnel and paraprofessionals, consistent
with
state certification and licensing requirements. Use of these funds
shall be
described in the local plans. These funds may be used to provide
training
in alternative dispute resolution and the local mediation of
disputes. All
programs are to include evaluation components.
4. Of the funds appropriated in Schedule (4) of this item, up to
$300,000
shall be used to develop and test procedures, materials, and training
for
alternative dispute resolution in special education.
5. Of the funds appropriated by Schedule (5) for the Preschool
Grant
Program, $1,228,000 shall be used for in-service training and shall
include a parent training component and may, in addition, include a
staff
training program. These funds may be used to provide training in
alternative dispute resolution and the local mediation of disputes.
This
program shall include state-sponsored and local components.
6. Of the funds appropriated in this item, $1,420,000 is available
for local
assistance grants for the Quality Assurance and Focused Monitoring
Pilot
Program to monitor local educational agency compliance with state and
federal laws and regulations governing special education. This
funding
level is to be used to continue the facilitated reviews and, to the
extent
consistent with the key performance indicators developed by the State
Department of Education, these activities focus on local educational
agencies identified by the United States Department of Education's
Office
of Special Education Programs.
7. The funds appropriated in Schedule (7) shall be used for the
purposes
of Family Empowerment Centers on Disabilities pursuant to Chapter 690
of the Statutes of 2001.
8. Notwithstanding the notification requirements listed in
subdivision (d)
of Section 26.00, the Department of Finance is authorized to approve
intraschedule transfers of funds within this item submitted by the
State
Department of Education for the purposes of ensuring that special
education funding provided in this item is appropriated in accordance
with
the statutory funding formula required by federal IDEA and the
special
education funding formula required pursuant to Chapter 7.2
(commencing
with Section 56836) of Part 30 of the Education Code, without waiting
30 days, but shall provide a notice to the Legislature each time a
transfer
occurs.
9. Of the funds appropriated in Schedule (4) of this item,
$69,000,000
shall be used exclusively to support mental health services that are
provided during the 2005-06 fiscal year by county mental health
agencies
pursuant to Chapter 26.5 (commencing with Section 7570) of Division 7
of the Government Code and that are included within an individualized
education program pursuant to the federal Individuals with
Disabilities
Education Act. Each county office of education receiving these funds
shall
contract, on behalf of special education local planning areas in
their
county, with the county mental health agency to provide specified
mental
health services. This funding shall be considered offsetting revenues
within
the meaning of subdivision (e) of Section 17556 of the Government
Code
for any reimbursable mandated cost claim for provision of the mental
health services provided in 2005-06. Amounts allocated to each county
office of education shall reflect the share of the $69,000,000 in
federal
special education funds provided to that county in 2004-05 for mental
health services provided pursuant to Chapter 26.5 (commencing with
Section 7570) of Division 7 of the Government Code.
10. Of the amount appropriated in Schedule (1) of this item,
$58,377,000 represents the increase in the local assistance portion
of the
federal grant in 2005-06. These funds have been passed through to be
used by each SELPA for discretionary purposes.
6110-166-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 10.70.070-Vocational Education, for the purpose of Article 5
(commencing with Section 54690) of Chapter 9 of Part 29 of the
Education Code, Partnership Academies Program . . . 22,999,000
Provisions:
1. If there are any funds in this item that are not allocated for
planning or
operational grants, the State Department of Education may allocate
those
remaining funds as one-time grants to state-funded partnership
academies
to be used for one-time purposes.
6110-166-0890--For local assistance, Department of Education,
Program 10.70-Vocational Education, payable from the Federal Trust
Fund . . . 137,822,000
Provisions:
1. The funds appropriated in this item include federal Vocational
Education Act funds for the 2005-06 fiscal year to be transferred to
the
community colleges by means of interagency
agreements for the purpose
of funding vocational education programs in community colleges.
2. The State Board of Education and the Board of Governors of the
California Community Colleges shall target funds appropriated by this
item to provide services to persons participating in welfare-to-work
activities under the CalWORKs program.
3. The Superintendent of Public Instruction shall report, not
later than
February 1 of each year, to the Joint Legislative Budget Committee
and
the Director of Finance, describing the amount of carryover funds
from
this item, reasons for the carryover, and plans to reduce the amount
of
carryover.
4. Of the funds appropriated in this item, $7,578,000 is a
one-time
carryover available for the support of additional vocational
education
instructional activities. These funds shall be used during the
2005-06
academic year to support additional alignment and articulation of
K-12
tech prep programs with local community college economic development
and vocational education programs in an effort to incorporate greater
participation of K-12 students in sequenced, industry-driven
coursework
that leads to meaningful employment in today's high-tech,
high-demand,
and emerging technology areas of industry employment.
6110-167-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 10.70-Agricultural Vocational Education Incentive Program
established pursuant to Article 7.5 (commencing with Section 52460)
of
Chapter 9 of Part 28 of the Education Code . . . 4,711,000
Provisions:
1. As a condition of receiving funds appropriated in this item, a
school
district shall certify to the Superintendent of Public Instruction
both of the
following:
(a) Agricultural Vocational Education Incentive Program funds
shall be
expended for the items identified in its application, except that, in
items of
expenditure classification 4000, only the total cost of expenses
shall be
required and itemization shall not be required.
(b) The school district shall provide at least 50 percent of the
cost of the
items and costs from expenditure classification 4000, as identified
in its
application, from other funding sources. Nothing in this provision
shall be
construed to limit the authority of the Superintendent of Public
Instruction
to waive the local matching requirement established by subdivision
(b) of
Section 52461.5 of the Education Code.
2. Of the funds appropriated in this item, $45,000 is provided for
increases in average daily attendance at a rate of 1.00 percent.
Additionally, $191,000 is for the purpose of providing a
cost-of-living
adjustment at a rate of 4.23 percent.
6110-180-0890--For local assistance, Department of Education,
Program 20.10.025-Educational Technology, payable from the Federal
Trust Fund . . . 63,753,000
Provisions:
1. Of the funds appropriated in this item, $31,140,000 is for
allocation to
school districts that are awarded formula grants pursuant to the
federal
Enhancing Education Through Technology Grant Program.
2. Of the funds appropriated in this item, $31,140,000 is
available for
competitive grants pursuant to Chapter 8.9 (commencing with Section
52295.10) of Part 28 of the Education Code and the requirements of
the
federal Enhancing Education Through Technology Grant
Program--including the eligibility criteria established in federal
law to
target local educational agencies with high numbers or percentages of
children from families with incomes below the poverty line and one or
more schools either qualifying for federal school improvement or
demonstrating substantial technology needs.
3. Of the funds appropriated in this item, $1,473,000 is available
for the
California Technology Assistance Project (CTAP) to provide federally
required technical assistance and to help districts apply for and
take full
advantage of the federal Enhancing Education Through Technology
grants.
6110-181-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund
Program 20.10.025-Educational Technology programs funded pursuant
to Article 15 (commencing with Section 51870) of Chapter 5 of Part 28
and Chapter 3.34 (commencing with Section 44730) of Part 25 of the
Education Code . . . 16,069,000
Provisions:
1. Of the funds appropriated in this item, $106,000 is for the
purpose of
providing an adjustment for increases in average daily attendance at
a rate
of 0.69 percent. If growth funds are insufficient, the State
Department of
Education may adjust the per-pupil growth rates to conform to
available
funds.
2. Of the funds appropriated in this item, $652,000 is for the
purpose of
providing a cost-of-living adjustment (COLA) at a rate of 4.23
percent.
6110-181-0140--For local assistance, Department of Education,
payable from the California Environmental License Plate Fund . . .
360,000
Schedule:
(1) 20.10.055-Environmental Education . . . 548,000
(2) Reimbursements . . . -188,000
6110-182-0001--For local assistance, Department of Education
(Proposition 98), Program 20.20.030-K-12 High Speed Network . . . 0
Provisions:
2. $21,025,000 of unexpended funds originally provided for
Internet
connectivity and network infrastructure for grades K-12 schools and
county offices of education from the following appropriations are
available for allocation to the Imperial County Office of Education
to
continue management and operation of the K-12 high speed Internet
network during the 2005-06 fiscal year: Item 6440-001-0001, Schedule
(a), Provision 44 of Chapter 52, Statutes of 2000; Item
6440-001-0001,
Schedule (1), Provision 24 of Chapter 106, Statutes of 2001; Item
6440-001-0001, Schedule (1), Provision 24 of Chapter 379, Statutes of
2002; Item 6440-001-0001, Schedule (1), Provision 22 of Chapter 157,
Statutes of 2003; Item 6110-182-0001, Chapter 208, Statutes of 2004.
Of these unexpended funds, the Imperial County Office of Education
consortium may use up to $1,221,000 to administer and support the
program. The program shall be governed pursuant to legislation
enacted
for this purpose on or before January 1, 2006, during the 2005-06
Regular Session.
3. Prior to the expenditure of funds referenced in Provision 2,
the Joint
Legislative Audit Committee (JLAC) shall conduct an audit of the K-12
High Speed Network. The audit shall identify prior-year funds that
remain
available for the project and determine whether the state owns the
network (which would affect the network's future development and
use).
The JLAC audit also shall include an assessment of: (a) the quality
of
project oversight, (b) the reasonableness of CENIC's existing cost
allocation methodology, and (c) the appropriateness of the contracts
entered into by state agencies transferring funds to CENIC.
6110-183-0890--For local assistance, Department of Education,
Instructional Support--Safe and Drug Free Schools and Communities
Act of 1994 (P.L. 103-382), payable from the Federal Trust Fund . . .
41,078,000
Schedule:
(1) 20.10.045-Health and Physical Education, Drug Free Schools . .
.
41,078,000
Provisions:
1. Local educational agencies shall give priority in the
expenditure of the
funds appropriated by this item to create comprehensive drug and
violence prevention programs that promote school safety, reduce the
use
of drugs, and create learning environments that are free of alcohol
and
guns and that support academic achievement for all pupils. In
addition to
preventing drug and alcohol use, prevention programs will respond to
the
crisis of violence in our schools by addressing the need to prevent
serious
crime, violence, and discipline problems. The Superintendent of
Public
Instruction shall (a) notify local educational agencies of this
policy, and (b)
incorporate the policy into the department's compliance review
procedures.
6110-188-0001--For local assistance, Department of Education
(Proposition 98), Program 10.10-School Apportionments Deferred
Maintenance, for transfer to the State School Deferred Maintenance
Fund . . . 267,909,000
Provisions:
1. The funds appropriated in this item shall be transferred to the
State
School Deferred Maintenance Fund and are available for funding
applications received by the Department of General Services, Office
of
Public School Construction for the purpose of payments to school
districts for deferred maintenance projects pursuant to Section 17584
of
the Education Code.
6110-189-0001--For local assistance, Department of Education
(Proposition 98), for transfer to State Instructional Materials Fund
pursuant to Article 3 (commencing with Section 60240) of Chapter 2 of
Part 33 of Division 4 of Title 2 of the Education Code . . .
360,966,000
Schedule:
(1) 20.20.020.005-Instructional Materials Block Grant . . .
360,966,000
Provisions:
1. The funds in this item shall be allocated to school districts
to purchase
standards-aligned instructional materials.
6110-190-0001--For local assistance, Department of Education
(Proposition 98), Program 10.10-School Apportionments, Community
Day Schools . . . 42,215,000
Provisions:
1. The funds appropriated in this item are for transfer to Section
A of the
State School Fund to reimburse costs incurred pursuant to Chapter 974
of the Statutes of 1995 as amended by Chapter 847 of the Statutes of
1998.
2. Funds appropriated in this item shall not be available for the
purposes
of Section 41972 of the Education Code.
3. Of the funds appropriated in this item, $1,713,000 is for the
purpose
of providing a cost-of-living adjustment (COLA) at a rate of 4.23
percent
to community day schools in lieu of the amount that would otherwise
be
provided pursuant to subdivision (b) of Section 42238.1 of the
Education
Code.
4. An additional $4,751,000 in expenditures for this item has been
deferred until the 2006-07 fiscal year.
6110-191-0001--For local assistance, Department of Education
(Proposition 98), Supplemental Instructional Materials for English
Learners . . . 20,000,000
Provisions:
1. The funds appropriated in this item shall be available to
provide
supplemental instructional materials specifically for English
language
learners in kindergarten and grades 1 to 12, inclusive. The purpose
of
these materials will be to accelerate pupils as rapidly as possible
towards
grade level proficiency. These funds shall be available for
encumbrance
by local educational agencies until June 30, 2007. The funds shall be
used
to purchase supplemental materials that are designed to help English
language learners become proficient in reading, writing, and speaking
English. These materials may only be used in addition to the
standards-aligned materials adopted by the State Board of Education
pursuant to Section 60605 of the Education Code.
2. Local educational agencies shall be eligible for apportionment
funding
of up to $25 per pupil, based on the most recently certified language
census number of English language learners in kindergarten and grades
1
to 12, inclusive, to purchase any materials that the State Department
of
Education verifies and the State Board of Education approves are
substantially correlated to identified state standards adopted
pursuant to
Section 60811 of the Education Code, as applied in the standards
adopted pursuant to Section 60605 of the Education Code. Funding may
be provided only for the number of pupils that the local educational
agency certifies it will purchase materials for pursuant to Provision
5.
Local educational agencies shall return to the state any funds
allocated
pursuant to this provision that are not expended for the purchase of
materials pursuant to this provision.
3. The State Department of Education shall use the correlation
matrix that
it developed during the 2004-05 fiscal year to determine if the
instructional materials correlate to the standards adopted by the
State
Board of Education.
4. Prior to submission of materials to the State Department of
Education
for verification that the materials correlate to identified
standards,
publishers shall be required to submit standards maps to the
department
and any requesting local educational agency so that the department
and
the local educational agency can determine the extent to which each
item,
if purchased separately, or set of instructional materials for
English
language learners are correlated to the standards adopted by the
State
Board of Education.
The standards maps shall be filled out using the most recent
format
approved by the State Board of Education. The contents for the
standards map will be the correlation matrix as described in
Provision 3.
5. As a condition of the receipt of funds appropriated in this
item, local
educational agencies that elect to participate shall do both of the
following: (a) no later than September 15, 2006, submit an intent to
purchase, specifying the title, ISBN number, grade levels, type, and
publisher of the materials they intend to purchase, and the number of
pupils for which materials will be purchased; and (b) certify that
materials
they intend to purchase are substantially correlated to support the
identified state standards and adopted materials, and shall submit
this
certification to the State Department of Education. Participating
districts
shall not be required to locally certify materials if the materials
have
already been found to be substantially correlated with standards by
the
State Department of Education and the State Board of Education.
6. After a local educational agency notifies the State Department
of
Education that it intends to purchase materials, the department may
select
and train panels of teachers and educators to verify the standards
maps
provided by the publishers and examine the materials for legal and
social
compliance. The department shall also provide an appeals process to
allow due process review of discrepancies of findings in the
verification
process. The department's verification shall not constitute a state
adoption
of instructional materials pursuant to Section 60200 of the Education
Code. The department shall give first priority in verifying
correlation to
identified state standards to those materials that are most commonly
cited
in districts' intents to purchase provided pursuant to Provision 5.
The
department shall submit its verification results to the State Board
of
Education for approval and the State Board of Education shall approve
or disapprove the materials at the next regularly scheduled meeting
after
receipt of the department's verification, in accordance with public
notification requirements. The department shall only be required to
review materials that it has not already reviewed during the 2005
calendar
year.
6110-193-0001--For local assistance, State Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 20.60-Staff Development . . . 29,635,000
Schedule:
(1) 20.60.070-Instructional Support: Bilingual Teacher Training
Assistance Program . . . 1,951,000
(2) 20.60.060-Instructional Support: Teacher Peer Review . . .
27,318,000
(3) 20.60.110-Instructional Support: Improving School
Effectiveness-
Reader Services for Blind Teachers . . . 366,000
Provisions:
1. The funds appropriated in this item are for transfer by the
Controller to
Section A of the State School Fund, for allocation by the
Superintendent
of Public Instruction to school districts, county offices of
education, and
other educational agencies for purposes of the Proposition 98
programs
funded in this item, in lieu of the amounts otherwise provided for
those
programs by statute.
2. Notwithstanding any other provision of law, the amount
appropriated
in Schedule (1) shall be the maximum amount allocated for the
purposes
of the Bilingual Teacher Training Assistance Program established by
Article 4 (commencing with Section 52180) of Chapter 7 of Part 28 of
Division 4 of Title 2 of the Education Code.
2.5. Of the funds appropriated in Schedule (1) of this item,
$13,000 is
provided for increases in average daily attendance at a rate of 0.69
percent. If growth funds are insufficient, the State Department of
Education may adjust the per-pupil growth rates to conform to
available
funds. Additionally, $79,000 is for the purpose of providing a
cost-of-living adjustment at a rate of 4.23 percent.
3. The funds appropriated in Schedule (2) shall be allocated in
accordance with Article 4.5 (commencing with Section 44500) of
Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code.
Funds appropriated in Schedule (2) include $180,000 for the purpose
of
making adjustments for increases in average daily attendance at a
rate of
0.69 percent. If growth funds are insufficient, the State Department
of
Education may adjust the per-pupil growth rates to conform to
available
funds. Additionally, $1,109,000 is for the purpose of providing a
cost-of-living adjustment at a rate of 4.23 percent.
4. Notwithstanding any other provision of law, the amount
appropriated
in Schedule (3) shall be the maximum amount allocated for the
purposes
of the Reader Services for Blind Teachers, for transfer to the Reader
Employment Fund established by Section 45371 of the Education Code
for the purposes of Section 44925 of the Education Code.
5. Of the funds appropriated in Schedule (3) of this item, $2,000
is
provided for increases in average daily attendance at a rate of 0.69
percent. If growth funds are insufficient, the State Department of
Education may adjust the per-pupil growth rates to conform to
available
funds. Additionally, $15,000 is for the purpose of providing a
cost-of-living adjustment at a rate of 4.23 percent.
6110-193-0890--For local assistance, Department of Education,
Program 20.60-Instructional Support, Title II, Part B of the
Elementary
and Secondary Education Act (Mathematics and Science Partnership
Grants) payable from the Federal Trust Fund . . . 24,278,000
6110-195-0001--For local assistance, Department of Education
(Proposition 98), Program 20.60.140-Staff Development: Teacher
improvement, Teacher Incentives National Board Certification . . .
7,535,000
Provisions:
1. The funds appropriated in this item shall be for the purpose of
providing incentive grants to teachers with certification by the
National
Board for Professional Teaching Standards that are teaching in
low-performing schools pursuant to Article 13 (commencing with
Section 44395) of Chapter 2 of Part 25 of the Education Code.
6110-195-0890--For local assistance, Department of Education,
Program 20.60-Instructional Support, Title II, Part A of the
Elementary
and Secondary Education Act (Teacher and Principal Training and
Recruiting Fund), payable from the Federal Trust Fund . . .
328,331,000
Schedule:
(1) 20.60.280-Improving Teacher Quality Local Grants . . .
322,427,000
(2) 20.60.270-Principal Training Program . . . 1,554,000
(3) 20.60.190.300-California Subject Matter Projects . . .
4,350,000
Provisions:
1. The funds appropriated in Schedule (2) of this item shall be
for the
Principal Training Program authorized pursuant to Article 4.6
(commencing with Section 44510) of Chapter 3 of Part 25 of the
Education Code.
2. The funds appropriated in Schedule (3) of this item shall be
for transfer
to the University of California, which shall use the funds for the
Science
Subject Matter Projects.
3. Of the funds appropriated in Schedule (1), $80,000 is
appropriated as
a one-time carryover available from prior years.
6110-196-0001--For local assistance, Department of Education
(Proposition 98), for transfer by the Controller to Section A of the
State
School Fund, for allocation by the Superintendent of Public
Instruction to
school districts, county offices of education, and other agencies for
the
purposes of Proposition 98 educational programs funded in this item,
in
lieu of the amount that otherwise would be appropriated pursuant to
any
other statute . . . 1,220,860,000
Schedule:
(1) 30.10.010-Special Program, Child Development, Preschool
Education . . . 325,377,000
(1.5) 30.10.020-Child Care Services . . . 1,760,515,000
(a) 30.10.020.001- Special Program, Child Development, General
Child
Development Programs . . . 633,594,000
(b) 30.10.020.002-Special Program, Child Development, Community
College Match--Required Center . . . 3,294,000
(c) 30.10.020.004-Special Program, Child Development, Migrant Day
Care . . . 33,746,000
(d) 30.10.020.007-Special Program, Child Development, Alternative
Payment Program . . . 205,976,000
(e) 30.10.020.011-Special Program, Child Development, Alternative
Payment Pro- gram--Stage 2 . . . 410,910,000
(f) 30.10.020.012-Special Program, Child Development, Alternative
Payment Pro- gram--Stage 3 Setaside . . . 331,357,000
(g) 30.10.020.008-Special Program, Child Development, Resource and
Referral . . . 16,844,000
(h) 30.10.020.009-Special Program, Child Development, Campus Child
Care Tax Bailout . . . 5,923,000
(i) 30.10.020.015-Special Program, Child Development, Extended Day
Care . . . 30,238,000
(j) 30.10.020.096-Special Program, Child Development, Allowance
for
Handi- capped . . . 1,618,000
(k) 30.10.020.106-Spe- cial Program, Child Development, California
Child Care Initiative . . . 250,000
(l) 30.10.020.901-Special Program, Child Development, Quality
Improvement . . . 73,115,000
(m) 30.10.020.911-Special Program, Child Development, Centralized
Eligibility List . . . 7,900,000
(n) 30.10.020.920-Special Program, Child Development, Local
Planning
Councils . . . 5,750,000
(3) 30.10.020.908-Special Program, Child Development,
Cost-of-Living
Adjustments . . . 54,664,000
(4) 30.10.020.909-Special Program, Child Development, Growth
Adjustments . . . 29,860,000
(5) Amount payable from the Federal Trust Fund (Item 6110-1960890)
.
. . -949,556,000
Provisions:
1. Notwithstanding Section 8278 of the Education Code, funds
available
for expenditure pursuant to that section shall be expended in the
2005-06 fiscal year pursuant to the following schedule:
(a) $4,000,000 or whatever lesser or greater amount is necessary
for
accounts payable pursuant to paragraph (1) of subdivision (b) of
Section
8278 of the Education Code.
(b) $82,298,000 shall be available for CalWORKs Stage 2 child
care.
(c) The Controller shall establish an account entitled Section
8278
Expenditures in 2004 in Item 6110-196-0001, Program 30.10.060. Any
unexpended General Fund balances as of June 30, 2005, or subsequent
abatements, from those amounts listed in Schedules (1), (1.5)(a),
(1.5)(b), (1.5)(c), (1.5)(d), (1.5)(g), (1.5)(h), (1.5)(i), (1.5)(j),
(1.5)(k),
(1.5)(l), and (1.5)(n) of this item, that are available pursuant to
Section
8278 of the Education Code, shall be transferred to the account for
the
purpose of making expenditures pursuant to that section and as
specified
in this provision.
2. (a) Notwithstanding any other provision of law, alternative
payment
child care programs shall be subject to the rate ceilings established
in the
Regional Market Rate Survey of California child care and development
providers for provider payments. The State Department of Education
(SDE) shall utilize a federal fund contract, to be awarded through a
competitive bid process, to conduct a market rate survey. A summary
report and analyses of changes in mean and ceiling rates, adjustment
factors, and region rates shall be forwarded to the Department of
Finance
along with the mean and ceiling rates. The contract shall also
provide
resources sufficient for the contractor to respond to requests for
related
information by the Department of Finance. Any changes to the market
rate limits, adjustment factors or regions are subject to the
approval
process for child care contract funding terms and conditions as
specified
in Section 8447 of the Education Code. When approved, those changes
shall be utilized by the SDE and the Department of Social Services in
various programs under the jurisdiction of both departments to
determine
limits of reimbursement to providers.
(b) Notwithstanding any other provision of law, the funds
appropriated in
this item for the cost of licensed child care services provided
through
alternative payment or voucher programs including those provided
under
Article 3 (commencing with Section 8220) and Article 15.5 (commencing
with Section 8350) of Chapter 2 of Part 6 of the Education Code shall
be
used only to reimburse child care costs up to the 85th percentile of
the
rates charged by providers offering the same type of child care for
the
same age child in that region.
3. The funds appropriated in Schedule (1.5)(h) of this item for
campus
child care tax bailout shall be allocated by the State Department of
Education based on a schedule provided by the Chancellor of the
California Community Colleges. The chancellor shall schedule the
allocation of these funds to community college districts that levied
child
care permissive override taxes in the 1977-78 fiscal year pursuant to
Sections 8329 and 8330 of the Education Code in an amount equal to
the property tax revenues, tax relief subventions, and state aid
required to
be made available by the district to its child care and development
program for the 1979-80 fiscal year pursuant to Section 30 of Chapter
1035 of the Statutes of 1979, increased by any cost-of-living
increases
granted in subsequent fiscal years. These funds shall be used only
for the
purpose of community college child care and development programs.
4. Notwithstanding any other provision of law, those higher
educational
institutions under contract with the State Department of Education
for
child care and development services shall be subject to the rules and
regulations adopted by the Superintendent of Public Instruction,
except
where those rules and regulations differ with respect to the
conditions
specified for the community colleges in
Provision 14 of Item
6870-101-0001.
5. Funds in Schedule (1.5)(1) shall be reserved for activities to
improve
the quality and availability of child care, pursuant to the
following:
(a) $2,067,000 is for the schoolage care and resource and referral
earmark.
(b) $11,656,000 is for the infant and toddler earmark and shall be
used
for increasing the supply of quality child care for infants and
toddlers.
(c) $12,780,000 in one-time federal funding shall be used for
child care
and development quality expenditures identified by the department.
(d) From the remaining funds, the following amounts shall be
allocated for
the following purposes: $4,000,000 to train former CalWORKs
recipients as child care teachers; $2,700,000 for contracting with
the
Department of Social Services for increased inspections of child care
facilities; $1,200,000 for Trustline registration workload (Chapter
3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code); $500,000 for health and safety training for licensed
and
exempt child care providers; $320,000 for the Child Development
Training Consortium; $300,000 for the Health Hotline; and $300,000 to
implement a technical assistance program to child care providers in
accessing financing for renovation, expansion, and/or construction of
child
care facilities.
(e) As required by federal law, the SDE shall develop an
expenditure
plan that sets forth the final priorities and the reasons therefor if
the final
priorities are different from those approved in response to the
reporting
requirement contained in Provision 7(g) of Item 6110-196-0001 of
Section 2.00 of the Budget Act of 2004 (Ch. 208, Stats. 2004). This
plan shall be submitted to the Department of Finance by January 1,
2006,
and funds shall not be encumbered prior to approval of the plan by
the
Department of Finance. The SDE shall coordinate with the Department
of
Social Services, the California Children and Families State
Commission,
and other applicable entities to identify annual statewide
expenditures for
quality enhancements which qualify for meeting federal requirements,
and
shall reference these expenditures in its biennial federal quality
plans or
any subsequent amendments.
(f) $15,000,000 from the General Fund shall be for child care
worker
recruitment and retention programs as specified by Chapter 547 of the
Statutes of 2000.
6. (a) The State Department of Education (SDE) shall conduct
monthly
analyses of CalWORKs Stage 2 and Stage 3 caseloads and expenditures
and adjust agency contract maximum reimbursement amounts and
allocations as necessary to ensure funds are distributed
proportionally to
need. The SDE shall share monthly caseload analyses with the
Department of Social Services (DSS).
(b) The SDE shall provide quarterly reports on the sufficiency of
funding
for Stage 2 and Stage 3 to DSS. The SDE shall provide caseloads,
expenditures, allocations, unit costs, family fees, and other key
variables
and assumptions used in determining the sufficiency of state
allocations.
Detailed backup by month and on a county-by-county basis shall be
provided to the DSS at least on a quarterly basis for comparisons
with
Stage 1 trends.
(c) Any request from the Temporary Assistance to Needy Families
(TANF) reserve shall be based on the information and analyses
pursuant
to the preceding paragraphs and shall be made jointly and coordinated
with the DSS to eliminate duplication. In order to facilitate
coordination,
detailed backup by month and on a county-by-county basis, if
different
from quarterly data provided pursuant to the previous paragraph,
shall be
provided to the DSS to facilitate its analyses and comparison of
overall
CalWORKs caseloads and related child care needs.
(d) By September 15, 2005, and March 15, 2006, the SDE shall
ensure
that detailed caseload and expenditure data, through the most recent
period for Stage 2 and Stage 3 Setaside along with all relevant
assumptions, is provided to DSS to facilitate budget development. The
detailed data provided shall include actual and projected monthly
caseload from Stage 2 scheduled to time off of their transitional
child care
benefit from the last actual month reported by agencies through the
2007-08 fiscal year as well as local attrition experience. DSS shall
utilize
data provided by the department, including key variables from the
prior
fiscal year and the first two months of the 2005-06 fiscal year, to
provide
coordinated estimates in November 2005 for each of the three stages
of
care for preparation of the 2006-07 Governor's Budget, and shall
utilize
data from at least the first two quarters of the 2005-06 fiscal year,
and
any additional monthly data as they become available for preparation
of
the 2006 May Revision. DSS shall share its assumptions and
methodology with SDE in the preparation of the 2006-07 Governor's
Budget.
(e) As deemed necessary by the SDE for counties where there is
more
than one Alternative Payment Program participating in CalWORKs child
care programs, county welfare departments shall participate jointly
with
the Alternative Payment Programs, as applicable, to jointly determine
the
amount of funds initially distributed to each Alternative Payment
Program.
However, the SDE may adjust these allocations at any time for
providers
deemed by the SDE to be on conditional status and shall adjust the
allocations as necessary to ensure a distribution of funding
proportional to
each alternative payment provider's documented need pursuant to the
analysis specified in this provision.
(f) The SDE shall coordinate with the DSS to identify annual
general
subsidized child care program expenditures for TANF-eligible
children.
The SDE shall modify existing reporting forms as necessary to capture
this data.
(g) The SDE shall provide to the DSS, upon request, access to the
information and data elements necessary to comply with federal
reporting
requirements and any other information deemed necessary to improve
estimation of child care budgeting needs.
7. Notwithstanding any other provision of law, the funds in
Schedule
(1.5)(f) are reserved exclusively for continuing child care for the
following:
(a) former CalWORKs families who are working, have left cash aid and
have exhausted their two-year eligibility for transitional services
in either
Stage 1 or 2 pursuant to subdivision (c) of Section 8351 or 8353 of
the
Education Code, respectively, but still meet eligibility requirements
for
receipt of subsidized child care services; and (b) families who
received
lump-sum diversion payments or diversion services under Section
11266.5 of the Welfare and Institutions Code and have spent two
years
in Stage 2 off of cash aid, but still meet eligibility requirements
for receipt
of subsidized child care services.
9. Nonfederal funds appropriated by this item which have been
budgeted
to meet the state's Temporary Assistance for Needy Families
maintenance-of-effort requirement established pursuant to the federal
Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (P.L. 104-193) may not be expended in any way that would cause
their disqualification as a federally allowable maintenance-of-effort
expenditure.
10. Administrative and support services allowances for the
Alternative
Payment, Stage 2, and Stage 3 Setaside child care programs funded
through Schedules (1.5)(d), (1.5)(e), and (1.5)(f) of this item,
shall be
limited to no more than 23.4568 percent of the direct cost-of-care
payments to child care providers.
11. Notwithstanding Section 26.00 of this act, the funds
appropriated in
Schedule (3) of this item, for child development cost-of-living
adjustments, are for allocation among Schedules (1), (1.5)(a), (1.5)
(b),
(1.5)(c), (1.5)(d), (1.5)(g), (1.5)(h), (1.5)(i), (1.5)(j), and (1.5)
(n) within
this item. Funds shall not be allocated to programs prior to approval
of a
budget revision by the Department of Finance. After allocation of the
2005-06 COLA, the maximum standard reimbursement rate shall not
exceed $30.04 per day for General Child Care programs and $19.17 per
day for State Preschool Programs. Furthermore, the Community College
Match, the Migrant Child Care, and the Cal-SAFE Child Care programs
shall adhere to the maximum standard reimbursement rates as
prescribed
for the General Child Care programs. All other rates and adjustment
factors shall be revised to conform.
12. Notwithstanding Section 26.00 of this act, the funds
appropriated in
Schedule (4) of this item, for child development growth adjustments,
are
for allocation among Schedules (1), (1.5)(a), (1.5)(b), (1.5)(c),
(1.5)(d),
(1.5)(i), and (1.5)(j) within this item. Funds shall not be allocated
to
programs prior to approval of a budget revision by the Department of
Finance.
13. Notwithstanding any other provision of law, the income
eligibility
limits pursuant to subdivision (a) of Section 8263.1 of the Education
Code used in the 2004-05 fiscal year shall remain in effect for the
2005-06 fiscal year.
14. Notwithstanding any other provision of law, the Superintendent
of
Public Instruction may, upon request by a program that is earning the
full
grant amount, waive the funding caps for core grants for elementary,
middle, and junior high school students to allow expenditure of any
uncommitted funds that are available to enable those programs to
create
additional slots for 11- and 12-year-old pupils and their eligible
younger
siblings redirected from state-funded and federally funded subsidized
child care programs pursuant to Section 8263.4 of the Education Code.
15. Notwithstanding any other provision of law, the federal funds
in
Schedule (1.5)(m) are appropriated exclusively for developing and
maintaining a Centralized Eligibility List in each county pursuant to
Section
8227 of the Education Code. By November 1, 2005, the State
Department of Education shall provide a status report on implementing
eligibility lists in each county, which shall include, but is not
limited to, the
cost and expected implementation date for each county.
16. Funds made available in Provision 7(d) of Item 6110-196-0001
of
Section 2.00 of the Budget Act of 2002 (Ch. 379, Stats. 2002) for the
purpose of providing outreach to exempt providers shall continue to
be
available until June 30, 2006.
6110-196-0890--For local assistance, Department of Education,
payable from the Federal Trust Fund . . . 949,556,000
Provisions:
1. Notwithstanding any other provision of law, the funds
appropriated in
this item, to the extent permissible under federal law, are subject
to
Section 8262 of the Education Code.
2. The funds appropriated in this item include the federal Child
Care and
Development Block Grant and are contingent upon receipt of that
federal
grant.
3. Of the funds appropriated in this item, $407,642,000 is from
the
transfer of funds, pursuant to Item 5180-402, from the federal
Temporary Assistance for Needy Families (TANF) Block Grant
administered by the State Department of Social Services to the
federal
Child Care and Development Block Grant for Stage 2 child care. This
amount may be increased by transfer from the TANF reserve pursuant to
Item 5180-403 of this act, except that funds may not be first
transferred
to the Child Care and Development Block Grant if those transfers
result
in an increase to the federal quality requirements beyond the level
currently budgeted for quality activities.
4. Of the funds appropriated in this item, $29,615,000 is
available on a
one-time basis for Stage 2 from federal Child Care and Development
Block Grant funds appropriated prior to the 2005 federal fiscal year.
Of
these funds, $1,415,000 is provided for Stage 2 and $28,200,000 is
provided for Stage 3.
5. Of the funds appropriated in this item, $12,780,000 is
available on a
one-time basis for quality projects from federal Child Care and
Development Block Grant funds appropriated prior to the 2005 federal
fiscal year.
6110-197-0890--For local assistance, Department of Education,
payable from the Federal Trust Fund, 21st Century Community Learning
Centers Program . . . 180,937,000
Schedule:
(1) 30.10.080-Special Program, Child Development, 21st Century
Community Learning Centers Program . . . 180,937,000
Provisions:
1. (a) It is the intent of the Legislature that the department
give significant
weight in rating applications, reallocations of available funding and
in
approving use of grant carryover amounts to the level of student
participation and cost per student served. Approval of use of
carryover
funds from year to year for programs receiving grants shall ensure
that
additional participation be required so as to not increase the cost
per
student served in the fiscal year in which grant funds are expended.
The
department shall also track cost per student planned versus actually
achieved and actively ensure that each grant maximizes student
participation in relation to the level of the annual grant or shall
reduce
grant amounts accordingly in subsequent years.
(b) The department shall provide an annual report to the
Legislature and
Department of Finance by November 1 of each year that identifies by
cohort for the previous fiscal year each high school program funded,
the
amount of the annual grant and actual funds expended, the numbers of
students served and planned to be served, and the average cost per
student per day. If the average cost per student per day exceeds $10
per
day, the department shall provide specific reasons why the costs are
justified and cannot be reduced. In calculating cost per student per
day,
the department shall not count attendance unless the student is under
the
direct supervision of after school program staff funded through the
grant.
Additionally, the department shall calculate cost per day on the
basis of
the equivalent of a three-hour day for 180 days per school year. The
department shall also identify for each program, as applicable, if
the
attendance of students is restricted to any particular sub-group of
students at the school in which the program is located. If such
restrictions
exist, the department shall provide an explanation of the
circumstances
and necessity therefor.
2. The State Department of Education shall provide a report to the
Legislature and the Department of Finance by October 1, 2005,
identifying how funds appropriated in Provision 5(b) of Item
6110-197-0890 in the Budget Act of 2004 (Ch. 208, Stats. 2004) were
allocated.
3. Notwithstanding any other provision of law, the Superintendent
of
Public Instruction may, upon request by a program that is earning the
full
grant amount, waive the funding caps for core grants for elementary,
middle, and junior high schools to enable those programs to create
additional slots for 11- and 12-year-old pupils and their eligible
younger
siblings redirected from state-funded and federally funded subsidized
child care programs pursuant to Section 8263.4 of the Education Code.
4. Of the amount appropriated in this item, $45,000,000 is
carryover of
one-time program savings and is available on a one-time basis
pursuant to
legislation effective on or before January 1, 2006.
5. Notwithstanding any other provision of law, the State
Department of
Education may increase or decrease the award amount of any grantee
based upon either or both of the following: (a) a change in the
maximum
school site grant caps enacted through legislation effective on or
before
January 1, 2006, and (b) the historical earning pattern of the
grantee. The
department shall issue revised grant award letters within 75 days of
the
enactment of the 2005-06 Budget Act or the effective date of the
aforementioned legislation, whichever is later.
6110-198-0001--For local assistance, Department of Education
(Proposition 98), for transfer by the Controller to Section A of the
State
School Fund, for allocation to school districts and county offices of
education, in lieu of the amount that otherwise would be appropriated
pursuant to statute . . . 52,996,000
Schedule:
(1) 20.60.220-CalSAFE Academic and Supportive Services . . .
14,385,140
(2) 30.10.020-CalSAFE Child Care . . . 24,509,250
(3) 20.60.221-All Services for Non- converting Pregnant Minors
Programs . . . 14,101,610
Provisions:
1. Notwithstanding any other provision of law, a school district
or county
superintendent of schools operating, by October 1, 1999, a School Age
Parent and Infant Development Program pursuant to Article 17
(commencing with Section 8390) of Chapter 2 of Part 6 of, a Pregnant
Minors Program pursuant to Chapter 6 (commencing with Section 8900)
of Part 6 of, and Section 2551.3 of, or a Pregnant and Lactating
Students
Program pursuant to Sections 49553 and 49559 of, the Education Code,
or any combination thereof, that chooses to participate in the
CalSAFE
program shall have priority for CalSAFE program funding for an amount
up to the dollar amount provided under those provisions in the fiscal
year
prior to participation in the CalSAFE program, provided an
application
is submitted and approved.
2. The amounts appropriated in Schedules (1), (2), and (3) of this
item
are based on estimates of the amounts required by existing programs
for
operation of CalSAFE programs in 2005-06. By October 31, 2005, the
Department of Education shall submit to the Department of Finance
current expenditure data for 2004-05 and 2005-06 showing each
agency's allocation and supporting detail including average daily
attendance and child care attendance and enrollment data. The State
Department of Education shall also provide estimates of average daily
attendance and child care to be provided in the 2006-07 fiscal year.
3. Funds appropriated in Schedule (3) are available to provide
funding
for all child care, as well as both academic and supportive services
for
programs choosing to retain their Pregnant Minors Program revenue
limit.
Notwithstanding any other provision of law, the State Department of
Education shall compute allocations to these agencies using the
respective
agencies' 1998-99 Pregnant Minors Program revenue limits. Further,
notwithstanding any other provision of law, programs which choose to
retain their Pregnant Minors Program revenue limit rather than
convert to
the CalSAFE revenue limit must provide child care within the revenue
limit funding for children of students comprising base year average
daily
attendance. To the extent additional units of average daily
attendance are
authorized by the department for growth for these agencies, academic
and supportive services reimbursement for such growth shall be
computed using the new CalSAFE revenue limit. Growth funding for the
child care component shall be equal to the proportionate share of
total
child care costs for the specific agency's program as determined by
dividing the authorized growth in student average daily attendance by
the
total authorized average daily attendance.
4. Of the funds appropriated in this item, $348,000 is for the
purpose of
providing an adjustment for increases in average daily attendance at
a rate
of 0.69 percent, and $2,151,000 is for the purpose of providing a
cost-of-living adjustment at a rate of 4.23 percent.
6110-200-0001--For local assistance, Department of Education
(Proposition 98), Healthy Start Support Services for Children Act . .
.
2,000,000
6110-201-0001--For local assistance, Department of Education
(Proposition 98) . . . 1,017,000
Schedule:
(1) 30.20.010-Child Nutrition Programs . . . 1,017,000
Provisions:
1. Notwithstanding any other provision of law, the amount
appropriated
in this item is for the purpose of providing grants to school
districts and
county superintendents of schools during the 2005-06 school year for
school breakfast program startup grants pursuant to Section 49550.3
of
the Education Code, and for nonconcurring expenses incurred by a
school district or county of fice of education in initiating or
expanding a
Summer Food Service Program for children pursuant to Section 49547.5
of the Education Code following criteria developed by the State
Department of Education.
2. Of the amount appropriated in this item, $7,000 is for the
purpose of
providing an adjustment for increases in average daily attendance at
a rate
of 0.69 percent.
6110-201-0890--For local assistance, Department of Education,
Program 30.20-Child Nutrition, payable from the Federal Trust Fund .
. .
1,616,804,000
Schedule:
(1) 30.20.010-Child Nutrition Programs . . . 1,594,354,000
(2) 30.20.040-Summer Food Service Program . . . 22,450,000
6110-202-0001--For local assistance, Department of Education . . .
10,986,000
Schedule:
(1) 30.20.010-Child Nutrition Programs . . . 10,986,000
Provisions:
1. Funds appropriated in Schedule (1) of this item are for child
nutrition
programs pursuant to Section 41311 of the Education Code. Claims for
reimbursement of meals pursuant to this appropriation shall be
submitted
no later than September 30, 2006, to be eligible for reimbursement.
2. Notwithstanding any other provision of law, except as provided
in this
provision, funds appropriated in Schedule (1) of this item shall be
available for allocation in accordance with Section 49536 of the
Education Code, except that the allocation shall not be made based on
all
meals served, but based on the number of meals that are served and
that
qualify as free or reduced-price meals in accordance with Sections
49501, 49550, and 49552 of the Education Code.
3. Of the funds appropriated in this item, $446,000 is for the
purpose of
providing a cost-of-living adjustment at a rate of 4.23 percent.
6110-203-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 30.20.010-Child Nutrition Programs, established pursuant to
Sections 41311, 49501, 49536, 49550, 49552, and 49559 of the
Education Code . . . 85,263,000
Schedule:
(1) 30.20.010-Child Nutrition Programs . . . 85,605,000
(2) Reimbursements . . . -342,000
Provisions:
1. Funds appropriated in Schedule (1) of this item shall be
allocated
pursuant to Section 41311 of the Education Code. Claims for
reimbursement of meals pursuant to this allocation shall be submitted
by
school districts on or before September 30, 2006, to be eligible for
reimbursement.
2. Notwithstanding any other provision of law and except as
otherwise
provided in these provisions, funds designated for child nutrition
programs
in Schedule (1) of this item shall be allocated in accordance with
Section
49536 of the Education Code; however, the allocation shall be based
not
on all meals served, but on the number of meals that are served and
that
qualify as free or reduced-price meals in accordance with Sections
49501, 49550, and 49552 of the Education Code.
4. Of the funds appropriated in this item, $3,460,000 is for the
purpose
of providing a cost-of-living adjustment at a rate of 4.23 percent.
6110-208-0001--For local assistance, Department of Education
(Proposition 98), Program 20, for allocation to the Center for Civic
Education . . . 250,000
Provisions:
1. The funds appropriated in this item are for the purpose of
implementing
a middle school and junior high school civic education program.
6110-209-0001--For local assistance, State Department
of Education (Proposition 98), Program 10.10.090.002-Teacher
Dismissal Apportionments, for transfer to Section A of the State
School
Fund and allocation by the Controller for payment of claims received
pursuant to Section 44944 of the Education Code . . . 43,000
Provisions:
1. Of the funds appropriated in this item, $2,000 is for the
purpose of
providing a cost-of-living adjustment at a rate of 4.23 percent.
6110-211-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 20.60.036 for Categorical Programs for charter schools . . .
62,158,000
Provisions:
1. Funds appropriated in this item are for the charter school
categorical
block grant. The State Department of Education shall distribute block
grant funds pursuant to legislation enacted during the 2005-06
Regular
Session that is effective on or before January 1, 2006, and that
designates
which categorical programs are to be included or excluded from the
block grant.
2. The Department of Education shall provide an estimate of
average
daily attendance expected to be claimed for this item for the 2006-07
fiscal year to the Department of Finance and the Legislative Analyst'
s
Office by October 1, 2005, for use in developing the 2006-07
Governor's Budget. The Department of Education shall provide an
update of the estimate by March 31, 2006, for preparation of the May
Revision.
3. An additional $5,947,000 in expenditures for this item has been
deferred until the 2006-07 fiscal year.
6110-224-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Year-Round School Grant Program established pursuant to Article 3
(commencing with Section 42260) of Chapter 7 of Part 24 of the
Education Code . . . 88,312,000
Schedule:
(1) 10.10.950.002-Operations grants . . . 88,312,000
Provisions:
1. The following provisions govern funds appropriated for the
Year-Round School Grant Program (Art. 3 (commencing with Sec.
42260), Ch. 7, Pt. 24, Ed. C.):
(a) Applications for year-round school grants pursuant to Section
42263
of the Education Code shall be received annually by the
Superintendent
of Public Instruction no later than September 1 of the year for which
payment is sought; applications received after that date may not be
processed. If the funds available for a fiscal year are insufficient
to fully
fund all eligible grants pursuant to Section 42263 of the Education
Code,
the superintendent shall at that time provide all approved claims
with a
prorated share of the funds made available for those grants pursuant
to
this item.
6110-228-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund
for
allocation by the Controller, School Safety . . . 52,537,000
Schedule:
(1) 20.60.020.011-School Safety Block Grants . . . 52,537,000
Provisions:
1. Of the funds appropriated in Schedule (1), $52,438,000 is
available to
fund block grants for middle and junior high schools and high schools
that
serve grades 8 to 12, inclusive, pursuant to Article 3.6 (commencing
with
Section 32228) and Article 3.8 (commencing with Section 32239.5) of
Chapter 2 of Part 19 of the Education Code. An additional $38.6
million
in expenditures for this purpose has been deferred to the 2006-07
fiscal
year.
2. Of the $38.6 million deferred from this item, $1 million shall
be made
available for county offices of education pursuant to Article 3.6
(commencing with Section 32228) of Chapter 2 of Part 19 of the
Education Code.
3. Of the funds appropriated in this item, $345,000 is for the
purpose of
providing an adjustment for increases in average daily attendance at
a rate
of 0.69 percent. Additionally, $2,132,000 is for the purpose of
providing
a cost-of-living adjustment at a rate of 4.23 percent.
4. The funds appropriated in this item shall be considered
offsetting
revenues within the meaning of subdivision (e) of Section 17556 of
the
Government Code for any reimbursable mandated cost claim for
Emergency Procedures. Local education agencies accepting funding from
this item shall reduce their estimated and actual mandate
reimbursement
claims by the amount of funding provided to them from this item.
5. An additional $36,894,000 in expenditures for this item has
been
deferred until the 2006-07 fiscal year.
6110-232-0001--For local assistance, Department of Education
(Proposition 98), for transfer to Section A of the State School Fund,
Program 10.26, Program to Reduce Class Size in Two Courses in Grade
9 pursuant to Chapter 6.8 (commencing with Section 52080) of Part 28
of Division 4 of Title 2 of the Education Code . . . 110,185,000
Provisions:
1. Schools participating in this program shall receive a per-pupil
rate of
$192 pursuant to Section 52086 of the Education Code, based on a
cost-of-living adjustment at a rate of 4.23 percent.
6110-234-0001--For local assistance, Department of Education
(Proposition 98), Program 10.25, for transfer by the Controller to
Section A of the State School Fund, for allocation by the
Superintendent
of Public Instruction for the Class Size Reduction Program
pursuant to Chapter 6.10 (commencing with Section 52120) of Part 28
of the Education Code . . . 1,676,285,000
Provisions:
1. Schools participating in Option One shall receive a per-pupil
rate of
$967. Schools participating in Option Two shall receive a per-pupil
rate
of $484. These rates are based on a cost-of-living adjustment at a
rate of
4.23 percent.
6110-240-0001--For local assistance, Department of Education
(Proposition 98) . . . 2,789,000
Schedule:
(1) 10.80.030-Instruction: International Baccalaureate Diploma
Program
. . . 1,162,000
(2) 20.70-Instructional Support: Assessments . . . 1,627,000
Provisions:
1. The funds appropriated in Schedule (1) of this item shall be
for the
International Baccalaureate Diploma Program authorized by Chapter
12.5 (commencing with Section 52920) of Part 28 of the Education
Code.
2. The funds appropriated in Schedule (2) of this item shall be
for grants
for Advanced Placement examination fees as authorized by Chapter 8.3
(commencing with Section 52244) of Part 28 of the Education Code.
3. Of the funds appropriated in this item, $19,000 is for the
purpose of
providing an adjustment for increases in average daily attendance at
a rate
of 0.69 percent. Additionally, $113,000 is for the purpose of
providing a
cost-of-living adjustment at a rate of 4.23 percent.
6110-240-0890--For local assistance, Department of Education,
Program 20.70.010-Instructional Support: Advanced Placement Fee
Waiver, payable from the Federal Trust Fund . . . 3,736,000
Provisions:
1. Funding shall be used to fully satisfy the demand for advanced
placement examination fee reimbursements for low-income pupils. Any
funding remaining after the demand for advanced placement exam fee
reimbursements has been fully satisfied may be used on a one-time
basis
for pre-advanced placement activities as specified under the
conditions of
the federal grant application through which these funds were
authorized.
Use of funding for this alternative purpose shall not create nor
imply any
continuing obligation to fund the alternative activities beyond the
2005-06
fis cal year.
6110-242-0001--For local assistance, Department of Education
(Proposition 98), Program 20.60.106 . . . 33,000
Provisions:
1. Funds appropriated in this item are for allocation to the
California
Association of Student Councils to expand student leadership
activities.
6110-243-0001--For local assistance, Department of Education
(Proposition 98), for transfer by the Controller to Section A of the
State
School Fund for allocation by the Superintendent of Public
Instruction for
the unscheduled Pupil Retention Block Grant pursuant to Article 2 of
Chapter 3.2 (commencing with Section 41505) of the Education Code. .
. . 193,257,000
Provisions:
1. Of the funds appropriated in this item, $1,139,000 is for the
purpose
of providing an adjustment for increases in average daily attendance
at a
rate of 0.69 percent. Additionally, $7,031,000 is for the purpose of
providing a cost-of-living adjustment at a rate of 4.23 percent.
2. Notwithstanding any other provision of law, an additional
$26,726,000
in expenditures for this item has been deferred until the 2006-07
fiscal
year.
3. Notwithstanding any other provision of law, of the funds
appropriated
in this item, $20,000,000 shall be available to help eligible pupils
pass the
California High School Exit Examination (CAHSEE).
(a) An eligible pupil is a pupil who is required to pass the
CAHSEE in
order to receive a diploma in 2006 and who has failed one or both
parts
of that examination.
(b) The Superintendent of Public Instruction shall rank schools on
the
basis of the percentage of eligible pupils. The superintendent may
give
priority to schools with the highest percentage of pupils who have
failed
both parts of the examination.
(c) The superintendent shall apportion $1,000 per eligible pupil
to schools
identified pursuant to subdivision (b) in the order determined by the
superintendent until the funds are exhausted.
(d) The funds apportioned pursuant to this provision shall be used
to
provide the services allowed under the Pupil Retention Block Grant or
other intensive instruction and services designed to help eligible
pupils
pass the CAHSEE. The intensive instruction and services may be
provided during the regular school day and may include, but are not
limited to the following: hiring additional teachers; purchasing,
scoring,
and reviewing diagnostic assessments; designing instruction to meet
specific needs of eligible pupils; teacher training; and individual
or small
group instruction.
(e) As a condition of receipt of these funds the school shall
ensure that (i)
each eligible pupil receives an appropriate diagnostic assessment to
identify that pupil's areas of need and (ii) each pupil receives
intensive
instruction and services based upon the diagnostic assessment.
6110-244-0001--For local assistance, Department of Education
(Proposition 98), Program 20.60 for transfer by the Controller to
Section
A of the State School Fund, for allocation by the Superintendent of
Public Instruction for the Teacher Credentialing Block Grant . . .
87,850,000
Provisions:
1. It is the intent of the Legislature that first-year holders of
preliminary
teaching credentials, as defined in subdivision (b) of Section 44259
of the
Education Code, be afforded first priority for funding appropriated
in this
item. To the extent that any funds appropriated in this item remain
after all
first-year holders of preliminary teaching credentials have been
served,
those funds may be used to serve second-year holders of preliminary
teaching credentials.
2. If funds are insufficient to service all second-year holders of
preliminary
teaching credentials, the State Department of Education shall prorate
the
funds to conform to the amount remaining in this item, consistent
with
Provision 1 of this item.
3. Of the funds appropriated in this item, $3,283,000 is provided
for a
cost-of-living adjustment at a rate of 4.23 percent.
4. Of the funds appropriated in this item, $3,675,000 is for the
purpose
of providing an adjustment for an increase in the number of eligible
teachers.
6110-245-0001--For local assistance, Department of Education
(Proposition 98), Program 20.60 for transfer by the Controller to
Section
A of the State School Fund, for allocation by the Superintendent of
Public Instruction for the Professional Development Block Grant . . .
249,321,000
Provisions:
1. Of the funds appropriated in this item, $14,000 is for the
purpose of
providing for increases in enrollment at a rate of 0.69 percent. If
growth
funds are insufficient, the State Department of Education may adjust
the
per-participant growth rates to conform to available funds.
Additionally,
$10,192,000 is for the purpose of providing a cost-of-living
adjustment
at a rate of 4.23 percent.
6110-246-0001--For local assistance, Department of Education
(Proposition 98), for transfer by the Controller to Section A of the
State
School Fund for allocation by the Superintendent of Public
Instruction for
the unscheduled Targeted Instructional Improvement Block Grant
pursuant to Article 6 of Chapter 3.2 (commencing with Section 41540)
of the Education Code . . . 876,162,000
Provisions:
1. Of the funds appropriated in this item, $5,760,000 is for the
purpose
of providing an adjustment for increases in average daily attendance
at a
rate of 0.69 percent. Additionally, $35,558,000 is for the purpose of
providing a cost-of-living adjustment at a rate of 4.23 percent.
2. Notwithstanding any other provision of law, an additional
$100,118,000 in expenditures for this item has been deferred until
the
2006-07 fiscal year.
6110-247-0001--For local assistance, Department of Education
(Proposition 98), for transfer by the Controller to Section A of the
State
School Fund for allocation by the Superintendent of Public
Instruction for
the unscheduled School and Library Improvement Block Grant pursuant
to Article 7 of Chapter 3.2 (commencing with Section 41570) of the
Education Code . . . 422,421,000
Provisions:
1. Of the funds appropriated in this item, $2,777,000 is for the
purpose
of providing an adjustment for increases in average daily attendance
at a
rate of 0.69 percent. Additionally, $17,143,000 is for the purpose of
providing a cost-of-living adjustment at a rate of 4.23 percent.
6110-248-0001--For local assistance, Department of Education
(Proposition 98), for transfer by the Controller to Section A of the
State
School Fund for allocation by the Superintendent of Public
Instruction for
the unscheduled School Safety Consolidated Competitive Grant pursuant
to Article 3 of Chapter 3.2 (commencing with Section 41510) of the
Education Code . . . 16,381,000
Provisions:
1. Of the funds appropriated in this item, $108,000 is for the
purpose of
providing an adjustment for increases in average daily attendance at
a rate
of 0.69 percent. Additionally, $665,000 is for the purpose of
providing a
cost-of-living adjustment at a rate of 4.23 percent.
2. The funds contained in this item shall first be used to offset
any
state-mandated reimbursable costs that may otherwise be claimed for
the
state mandates reimbursable process of implementing Chapter 996,
Statutes of 1999 (commencing with Section 35294.1 of the Education
Code). Local education agencies accepting funding from this item
shall
reduce their estimated and actual mandate reimbursement claims by the
amount of funding provided to them from this item.
6110-295-0001--For local assistance, Department of Education
(Proposition 98), for reimbursement, in accordance with the
provisions of
Section 6 of Article XIII B of the California Constitution or Section
17561 of the Government Code, of the cost of any new program or
increased level of service of an existing program mandated by statute
or
executive order, for disbursement by the State Controller . . .
40,000
Schedule:
(1) 98.01.003.677-Annual Parent Notification (Ch. 36, Stats.
1977, et
al.) (CSM 4445, 4453, 4461, 4462, 4474, 4488, 97-TC-24,
99-TC-09, 00-TC-12) . . . 1,000
(2) 98.01.009.894-Caregiver Affidavits (Ch. 98, Stats. 1994) (CSM
4497) . . . 1,000
(3) 98.01.016.193-Intradistrict Attendance (Ch. 161, Stats. 1993)
(CSM 4454) . . . 1,000
(4) 98.01.048.675-Mandate Reimbursement Process (Ch. 486, Stats.
1975) (CSM 4485) . . . 1,000
(5) 98.01.049.801-Graduation Re quirements (Ch. 498, Stats. 1983)
(CSM 4435) . . . 1,000
(6) 98.01.049.802-Notification of Truancy (Ch. 498, Stats. 1983)
(CSM
4133) . . . 1,000
(7) 98.01.049.803-Pupil Suspensions, Expulsions, Expulsion Appeals
(Ch. 498, Stats. 1983 et al.) (CSM 4456, 4455, 4463) . . . 1,000
(8) 98.01.064.186-Open Meetings Act (Ch. 641, Stats. 1986) (CSM
4257) . . . 1,000
(9) 98.01.078.192-Charter Schools (Ch. 781, Stats. 1992) (CSM
4437) . . . 1,000
(10) 98.01.078.395-Investment Reports (Ch. 783, Stats. 1995)
(96-358-02) . . . 0
(11) 98.01.079.980-PERS Death Benefits (Ch. 799, Stats. 1980) . .
.
1,000
(12) 98.01.081.891-AIDS Prevention Instruction (Ch. 818, Stats.
1991)
(CSM 4422) . . . 1,000
(13) 98.01.096.175-Collective Bargaining (Ch. 961, Stats. 1975)
(CSM
4425, 97-TC-08) . . . 1,000
(14) 98.01.096.577-Pupil Health Screenings (Ch. 1208, Stats. 1976)
(CSM 4440) . . . 1,000
(15) 98.01.097.595-Physical Performance Tests (Ch. 975, Stats.
1995)
(96-365-01) . . . 1,000
(16) 98.01.101.184-Juvenile Court Notices II (Ch. 1011, Stats.
1984;
Ch. 1423, Stats. 1984) (CSM 4475) . . . 1,000
(17) 98.01.110.784-Removal of Chemicals (Ch. 1107, Stats. 1984)
(CSM 4211, 4298) . . . 1,000
(18) 98.01.111.789-Law Enforcement Agency Notifications (Ch. 1117,
Stats. 1989) (CSM 4505, 4505-2) . . . 1,000
(19) 98.01.117.677-Immunization Records (Ch. 1176, Stats. 1977)
(SB
90-120) . . . 1,000
(20) 98.01.118.475-Habitual Truants (Ch. 1184, Stats. 1975) (CSM
4487, 4487-A) . . . 1,000
(21) 98.01.125.375-Expulsion Transcripts (Ch. 1253, Stats. 1975) .
. .
1,000
(22) 98.01.130.689-Notification to Teachers of Public Expulsion
(Ch.
1306, Stats. 1989) (CSM 4452) . . . 1,000
(23) 98.01.134.780-Scoliosis Screening (Ch. 1347, Stats. 1980)
(CSM
4195) . . . 1,000
(24) 98.01.139.874-PERS Unused Sick Leave Credit (Ch. 1398, Stats.
1974) . . . 1,000
(25) 98.01.146.389-School Accountability Report Cards (Ch. 1463,
Stats. 1989) (97-TC-21) . . . 1,000
(26) 98.01.165.984-Emergency Procedures (Ch. 1659, Stats. 1984)
(CSM 4241) . . . 1,000
(27) 98.01.030.995-Pupil Residency Verification and Appeals (Ch.
309,
Stats. 1995) (96-348-01) . . . 1,000
(28) 98.01.058.897-Criminal Background Checks (Ch. 588, Stats.
1997) (97-TC-16) . . . 1,000
(29) 98.01.041.095-School Crimes Reporting II (Ch. 759, Stats.
1992
and Ch. 410, Stats. 1995) (CSM 4387, 97-TC-03) . . . 0
(30) 98.01.083.194-School Bus Safety I and II (Ch. 624, Stats.
1992;
Ch. 831, Stats. 1994; Ch. 739, Stats. 1997) (97-TC-22) . . . 0
(31) 98.01.046.576-Peace Officers Procedural Bill of Rights (Ch.
465,
Stats. 1976) (CSM 4499) . . . 1,000
(32) 98.01.361.977-Financial and Compliance Audits (Ch. 36, Stats.
1977) (CSM 4498, 4498-A) . . . 1,000
(33) 98.01.064.097-Physical Education Reports (Ch. 640, Stats.
1997)
(98-TC-08) . . . 1,000
(34) 98.01.112.096-Health Benefits for Survivors of Peace Officers
and
Firefighters (Ch. 1120, Stats. 1996) (97-TC-25) . . . 1,000
(35) 98.01.091.787-County Office of Education Fiscal
Accountability
Reporting (Ch. 917, Stats. 1987) (97-TC-20) . . . 1,000
(36) 98.01.010.081-School District Fiscal Accountability Reporting
(Ch.
100, Stats. 1981) (97-TC-19) . . . 1,000
(37) 98.01.087.585-Photographic Record of Evidence (Ch. 875,
Stats.
1985) (98-TC-07) . . . 1,000
(38) 98.01.012.693-Law Enforcement Sexual Harassment Training (Ch.
126, Stats. 1993) (97-TC-07) . . . 0
(39) 98.01.078.495-County Treasury Oversight Committee (Ch. 784,
Stats. 1995) (96-365-03) . . . 0
(40) 98.01.073.697-Comprehensive School Safety Plans (Ch. 736,
Stats. 1997) (98-TC-01, 99-TC-10) . . . 1,000
(41) 98.01.124.992-Threats Against Peace Officers (Ch. 1249,
Stats.
1992) . . . 1,000
(42) 98.01.032.578-Immunization Records--Hepatitis B (Ch. 325,
Stats.
1978; Ch. 435, Stats. 1979 (98-TC-05) . . . 1,000
(43) 98.01.119.280-School District Reorganization (Ch. 1192,
Stats.
1980; Ch. 1186, Stats. 1994) (98-TC-24) . . . 1,000
(44) 98.01.003.498-Charter Schools II (Ch. 34, Stats. 1998; Ch.
673,
Stats. 1998) (99-TC-03) . . . 1,000
(45) 98.01.059.498-Criminal Background Checks II (Ch. 594, Stats.
1998; Ch. 840, Stats. 1998, Ch. 78, Stats. 1999) (00-TC-05) . . .
1,000
(46) 98.01.117.096-Grand Jury Proceedings (Ch. 1170, Stats. 1996,
et
al.) (98-TC-27) . . . 0
Provisions:
1. Except as provided in Provisions 2 and 3 of this item,
allocations of
funds shall be made by the Controller in accordance with the
provisions
of each statute or executive order that mandates the reimbursement
of
the costs, and shall be audited to verify the actual amount of the
mandated costs in accordance with subdivision (d) of Section 17561 of
the Government Code. Audit adjust-ments to prior year claims may be
paid from this item. Funds appropriated by this item may be used to
provide reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. If any of the scheduled amounts are insufficient to provide
full
reimbursement of costs, the State Controller may, upon approval of
the
Director of Finance in writing, augment those deficient amounts from
the
unencumbered balance of any other scheduled amounts therein. No order
may be issued pursuant to this provision unless written notification
of the
necessity therefore is provided to the chairperson of the committee
in
each house, which considers appropriations, and the Chairperson of
the
Joint Legislative Budget Committee or his or her designee.
3. Notwithstanding any other provision of law, the funds
appropriated in
Schedules (11) and (24) are for transfer to the Public Employees'
Retirement System for reimbursement of costs incurred pursuant to
Chapter 1398 of the Statutes of 1974 or Chapter 799 of the Statutes
of
1980.
4. Pursuant to Section 17581.5 of the Government Code, mandates
identified in the appropriation schedule of this item with an
appropriation
of $0 and included in the language of this provision are
specifically
identified by the Legislature for suspension during the 2005-06
fiscal year:
(10) 98.01.078.395-Investment Reports (Ch. 783, Stats. 1995)
(96-358-02).
(29) School Crimes Reporting II (Ch. 759, Stats. 1992; Ch. 410,
Stats.
1995) (CSM 4387, 97-TC-03).
(30) School Bus Safety I and II (Ch. 624, Stats. 1992; Ch. 831,
Stats.
1994; Ch. 739, Stats. 1997) (97-TC-22).
(38) 98.01.012.693-Law Enforcement Sexual Harassment Training (Ch.
126, Stats. 1993) (97-TC-07).
(39) 98.01.078.495-County Treasury Oversight Committee (Ch. 784,
Stats. 1995) (96-365-03).
(46) 98.01.117.096-Grand Jury Proceedings (Ch. 1170, Stats. 1996,
et
al.) (98-TC-27).
5. The Controller shall not make any payment from this item to
reimburse
community college districts for claimed costs of state-mandated
education
programs. Reimbursements to community college districts for education
mandates shall be paid from the appropriate item within the community
colleges' budget.
6110-301-0001--For capital outlay, Department of Education, State
Special Schools and Services Division . . . 470,000
Schedule:
California School for the Deaf, Fremont:
(1) 80.75.092-Student Waiting Area Shelters--Preliminary plans,
working drawings, and construction . . . 470,000
6110-301-0660--For capital outlay, Department of Education,
payable
from the Public Buildings Construction Fund . . . 17,866,000
Schedule:
California School for the Deaf, Riverside:
(.5) 80.80.030-Multipurpose/Activity Center--Construction . . .
1,303,000
(1) 80.80.050-Career and Technical Education Complex and Service
Yard--Preliminary plans, working drawings, construction, and
equipment
. . . 16,563,000
Provisions:
1. The State Public Works Board may issue lease- revenue bonds,
notes,
or bond anticipation notes pursuant to Chapter 5 (commencing with
Section 15830) of Part 10b of Division 3 of Title 2 of the Government
Code to finance the design, construction, and equipping of the
project
authorized by this item.
2. The State Public Works Board and the State Department of
Education
may obtain interim financing for the project costs authorized in this
item
from any appropriate source including, but not limited to, the Pooled
Money Investment Account pursuant to Sections 16312 and 16313 of
the Government Code.
3. The State Public Works Board may authorize the augmentation of
the
cost of design, construction, and equipping of the project scheduled
in
this item pursuant to the board's authority under Section 13332.11 of
the
Government Code. In addition, the State Public Works Board may
authorize any additional amount necessary to establish a reasonable
construction reserve and to pay the cost of financing, including the
payment of interest during construction of the project, the costs of
financing a debt service fund, and the cost of issuance of permanent
financing for the project. This additional amount may include
interest
payable on any interim financing obtained.
4. This department is authorized and directed to execute and
deliver any
and all leases, contracts, agreements or other documents necessary or
advisable to consummate the sale of bonds or otherwise effectuate the
financing of the scheduled project.
5. The State Public Works Board shall not itself be deemed a lead
or
responsible agency for purposes of the California Environmental
Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) for any activities under the State Building
Construction
Act of 1955 (Part 10b (commencing with Section 15800) of Division 3
of Title 2 of the Government Code). This section does not exempt this
department from the requirements of the California Environmental
Quality
Act. This section is declarative of existing law.
6. Notwithstanding any other provision of law, the funds
appropriated in
this item shall be available for expenditure until June 30, 2009. In
addition, the balance of funds appropriated for construction in this
item
that has not been allocated, through fund transfer or approval to
bid, by
the Department of Finance on or before June 30, 2007, shall revert as
of
the date to the fund from which the appropriation was made.
6110-401--For maintenance of accounting records by the Controller'
s
office and the Department of Education or any other agency
maintaining
such records, appropriations made in this act for agency 6110
(Department of Education) are to be recorded under agency 6100
(Department of Education).
6110-402--Notwithstanding any provision of law to the contrary, no
funds appropriated in this act, or by any act enacted prior to the
enactment of this act, shall be, in the absence of a court order,
deemed
appropriated or available for expenditure for purposes of claims for
vocational education average daily attendance arising from Section
46140
of the Education Code as it read prior to the enactment of Chapter
1230
of the Statutes of 1977.
6110-485--Reappropriation (Proposition 98), Department of
Education.
The sum of $134,616,000 is hereby reappropriated from the Proposition
98 Reversion Account, for the following purposes:
0001--General Fund
(1) $100,000,000 to the School Facilities Program for the purpose
of
funding the School Facilities Emergency Repair Account as required by
Chapter 899 of the Statutes of 2004.
(2) $10,000,000 to the State Department of Education for the
purpose of
funding CalWORKs Stage 3 child care.
(3) $6,385,000 to the State Department of Education, for payment
of
Sunnyvale desegregation claims and interest owed through the 1991-92
fiscal year. The funding shall not be provided for payment of claims
and
interest and shall be reverted to the General Fund if an
appropriation is
included in a claims bill for this purpose during the 2005-06 Regular
Session.
(4) $1,050,000 on a one-time basis to the State Department of
Education for the purpose of funding a pilot program to provide
training
for School Business Officers.
(5) $354,000 to the State Department of Education, for transfer by
the
Controller to Section A of the State School Fund, for payment of
prior
year child nutrition claims of $335,000 in 2003-04, $17,000 in
2000-01,
and $2,000 in 1999-00 fiscal years.
(6) $2,227,000, on a one-time basis, to the State Department of
Education to cover start-up costs associated with the new California
English Language Development Test contract.
(7) $9,000,000 to the State Department of Education, on a one-time
basis, for the Charter School Facility Grant Program.
Provisions:
1. The funds specified in Schedule (7) shall be used to provide
grants to
charter schools that operate in low-income attendance areas for
facilities-related expenses pursuant to Section 3 of Chapter 892 of
the
Statutes of 2001. No
charter school receiving funds under this program
shall receive funding in excess of 75 percent of annual lease costs
through
this program or any other source of funding provided in this or any
other
act.
6110-490--Reappropriation, Department of Education. The balances
of
the appropriations provided for in the following citations are
reappropriated for the purposes and subject to the limitations,
unless
otherwise specified, provided for in the appropriation:
0660--Public Building Construction Fund
(1) Item 6110-301-0660, Budget Act of 2003 (Ch. 157, Stats. 2003),
as reappropriated by Item 6110-490, Budget Act of 2004 (Ch. 208,
Stats. 2004)
California School for the Deaf, Riverside:
(1) 80.80.030-Multipurpose/Activity Center--Construction and
equipment
6110-494--Reappropriation, Department of Education.
Notwithstanding
any other provision of law, the following specified balances are
reappropriated from the following citations, for the purposes
specified,
and shall be available for encumbrance and expenditure until June 30,
2006:
Provisions:
1. Notwithstanding Section 8278 of the Education Code, $6,380,000
of
the remaining General Fund balance of the amount appropriated in
Schedule (1.5)(f) for CalWORKs Stage 3 child care in Item
6110-196-0001 of the Budget Act of 2004 (Ch. 208, Stats. 2004) shall
be available only for expenditure for CalWORKs Stage 3 during the
2005-06 fiscal year.
2. Notwithstanding Section 8278 of the Education Code, $14,958,000
of
the remaining General Fund balance of the amount appropriated in
Schedule (1.5)(f) for CalWORKs Stage 3 child care in Item
6110-196-0001 of the Budget Act of 2003 (Ch. 157, Stats. 2003), shall
be available only for expenditure for CalWORKs Stage 3 during the
2005-06 fiscal year.
3. $4,050,000 of the unliquidated federal fund balance
appropriated in
Item 6110-196-0890 as included in Schedule (1.5)(f) of Item
6110-196-0001 of Section 2.00 of the Budget Act of 2003 (Ch. 157,
Stats. 2003), shall be available only for expenditure for CalWORKs
Stage 3 during the 2005-06 fiscal year.
4. Notwithstanding Section 8278 of the Education Code, $35,676,000
of
the remaining unallocated General Fund balance of the amount
appropriated in Item 6110-196-0001 of Section 2.00 of the Budget Act
of 2004 (Ch. 208, Stats. 2004), with the exception of Schedules (1.5)
(e)
and (1.5)(f) for CalWORKs child care programs, shall only be
available
for expenditure for CalWORKs Stage 2 during the 2005-06 fiscal year.
5. Notwithstanding Section 8278 of the Education Code, $6,836,000
of
the remaining General Fund balance of the amount appropriated in
Schedule (2) (e) for CalWORKs Stage 2 child care in Item
6110-196-0001 of Section 2.00 of the Budget Act of 2002 (Ch. 379,
Stats. 2002) shall be available only for expenditure for CalWORKs
Stage 2 during the 2005-06 fiscal year.
6. Notwithstanding Section 8278 of the Education Code, $121,000 of
the remaining General Fund balance of the amount appropriated in
Schedule (2) (f) for CalWORKs Stage 3 child care in Item
6110-196-0001 of Section 2.00 of the Budget Act of 2002 (Ch. 379,
Stats. 2002), shall be available only for expenditure for CalWORKs
Stage 3 during the 2005-06 fiscal year.
7. Notwithstanding Section 8278 of the Education Code, $9,752,000
of
the remaining General Fund balance of the amount appropriated in
Schedule (1.5) (e) for CalWORKs Stage 2 child care in Item
6110-196-0001 of Section 2.00 of the Budget Act of 2003 (Ch. 157,
Stats. 2003), shall be available only for expenditure for CalWORKs
Stage 2 during the 2005-06 fiscal year.
8. $7,998,000 of the unliquidated federal fund balance
appropriated in
Item 6110-196-0890 as included in Schedule (2) (e) of Item
6110-196-0001 of Section 2.00 of the Budget Act of 2002 (Ch. 379,
Stats. 2002), shall be available only for expenditure for CalWORKs
Stage 2 during the 2005-06 fiscal year.
9. $1,672,000 of the unliquidated federal fund balance
appropriated in
Item 6110-196-0890 as included in Schedule (2) (f) of Item
6110-196-0001 of Section 2.00 of the Budget Act of 2002 (Ch. 379,
Stats. 2002), shall be available only for expenditure for CalWORKs
Stage 3 during the 2005-06 fiscal year.
6110-495--Reversion, Department of Education, Proposition 98. The
following amounts shall be reverted to the Proposition 98 Reversion
Account by the State Controller within 60 days of enactment of this
act:
(1) $1,111,000 or whatever greater or lesser amount reflects the
unexpended funds from Item 6110-123-0001, Budget Act of 2003 (Ch.
157, Stats. 2003).
(2) $1,812,000 or whatever lesser or greater amount reflects
unexpended funds from Item 6110-126-0001, Budget Act of 2002 (Ch.
379, Stats. 2002).
(3) $21,000 or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-156-0001, Budget Act of 2003 (Ch.
157, Stats. 2003).
(4) $211,000 or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-166-0001, Budget Act of 2003 (Ch.
157, Stats. 2003).
(5) $50,000 or whatever lesser or greater amount reflects
unexpended
funds from Item 6110-177-0001, Budget Act of 2003 (Ch. 157, Stats.
2003).
(6) $66,000 or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-191-0001, Budget Act of 2002 (Ch.
379, Stats. 2002).
(7) $127,000 or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-191-0001, Budget Act of 2003 (Ch.
157, Stats. 2003).
(8) $545,000 or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-195-0001, Budget Act of 2003 (Ch.
157, Stats. 2003).
(9) $24,396,000 or whatever the greater or lesser amount reflects
the
unencumbered balance of the amount appropriated for child care and
development programs in Item 6110-196-0001, Budget Act of 2003
(Ch. 157, Stats. 2003).
(10) $78,000 or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-197-0001, Budget Act of 2003 (Ch.
157, Stats. 2003).
(11) $1,030,000 or whatever lesser or greater amount reflects
unexpended funds from Item 6110-203-0001, Budget Act of 2004 (Ch.
208, Stats. 2004).
(12) $27,000 or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-209-0001, Budget Act of 2003 (Ch.
157, Stats. 2003).
(13) $451,000 or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-211-0001, Budget Act of 2002 (Ch.
379, Stats. 2002).
(14) $110,000 or whatever greater or lesser amount reflects the
unexpended funds from Schedule (4) of Item 6110-485, Budget Act of
2003 (Ch. 157, Stats. 2003).
(15) $22,000 from the appropriation made by paragraph (9) of
subdivision (a) of Section 83 of Chapter 4 of the Statutes of 2003,
First
Extraordinary Session.
(16) $4,600,000 or whatever greater or lesser amount reflects
unexpended funds from Item 6110-134-0001, Budget Act of 2002 (Ch.
379, Stats. 2002).
(17) $1,013,000 or whatever greater or lesser amount reflects
unexpended funds from Item 6110-229-0001, Budget Act of 2002 (Ch.
379, Stats. 2002).
(18) $8,000,000 or whatever greater or lesser amount reflects
unexpended funds from paragraph (1) of subdivision (a) of Section 1
of
Chapter 101 of the Statutes of 2002.
(19) $119,000 or whatever lesser or greater amount reflects
unexpended
funds from Item 6110-201-0001, Budget Act of 2002 (Ch. 379, Stats.
2002).
(20) $701,000 or whatever lesser or greater amount reflects
unexpended
funds from paragraph (4) of subdivision (a) of Section 50 of Chapter
1167 of the Statutes of 2002.
(21) $3,000,000 or whatever greater or lesser amount reflects
unexpended funds from Section 11 of Chapter 10 of the Statutes of
2003, First Extraordinary Session.
(22) $702,000 or whatever lesser or greater amount reflects
unexpended
funds from Item 6110-235-0001, Budget Act of 2003 (Ch. 157, Stats.
2003).
(23) $1,481,000 or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-166-0001, Budget Act of 2002 (Ch.
379, Stats. 2002).
(24) $194,000 or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-122-0001, Budget Act of 2002 (Ch.
379, Stats. 2002).
(25) $398,000 or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-122-0001, Budget Act of 2003 (Ch.
157, Stats. 2003).
(26) $10,000,000 of the balance in the Child Care Facilities
Revolving
Fund established pursuant to Section 8278.3 of the Education Code.
(27) $1,981,000 or whatever lesser or greater amount reflects the
unexpended funds from Item 6110-166-0001, Budget Act of 2003 (Ch.
157, Stats. 2003).
(28) $1,300,000 from Item 6110-144-0001, Budget Act of 2003 (Ch.
157, Stats. 2003).
(29) $8,726,000 or whatever lesser or greater amount reflects the
unexpended funds from paragraph (3) of subdivision (a) of Section 50
of
Chapter 1167 of the Statutes of 2002.
6110-496--Reversion, Department of Education.
Provisions:
1. The Superintendent of Public Instruction is hereby authorized
to initiate
the reversion of appropriations in cases where the balance available
for
reversion is less than $50,000, and either of the following applies:
(a) The program in question has expired.
(b) The Superintendent of Public Instruction certifies that the
original
purpose of the appropriation would not be accomplished by further
expenditure.
2. The State Department of Education may periodically review its
accounts at the State Controller's office to identify appropriations
that
meet these criteria. Upon the request of the State Department of
Education, the Director of Finance may issue an executive order to
revert
identified appropriations. The State Controller shall timely revert
appropriations identified in the executive order to the fund from
which the
appropriation was originally made (or a successor fund in the case of
an
expired fund), or to the Proposition 98 Reserve Account, whichever is
appropriate.
6110-497--Reversion, Department of Education. As of June 30, 2005,
the balances specified below of the appropriations provided for in
the
following citations shall revert to the fund from which the
appropriation
was made:
0001--General Fund
(1) $1,000,000 or whatever greater or lesser amount reflects the
unexpended balance as of July 31, 2004, of the appropriation made by
subdivision (a) of Section 3 of Chapter 135 of the Statutes of 2001.
6120-011-0001--For support of California State Library, Division
of
Libraries, and California Library Services Board . . . 10,588,000
Schedule:
(1) 10-State Library Services . . . 13,815,000
(2) 20-Library Development Services . . . 4,145,000
(3) 30-Information Technology Services . . . 942,000
(4) 40.01-Administration . . . 1,702,000
(5) 40.02-Distributed Administration . . . -1,702,000
(6) 97.20.001-Unallocated Reduction . . . -170,000
(7) Reimbursements . . . -1,599,000
(8) Amount payable from the Federal Trust Fund (Item
6120-011-0890)
. . . -6,545,000
Provisions:
1. Of the amount appropriated in Schedule (1), $76,000 is for
repair and
maintenance costs of the Library and Courts II Building.
6120-011-0020--For support of the California State Library,
Program
10-State Library Services, for support of the State Law Library,
payable
from the California State Law Library Special Account . . . 551,000
Provisions:
1. The Director of Finance may authorize the augmentation of the
total
amount available for expenditure under this item in the amount of
revenue
received by the State Law Library Special Account which is in
addition
to the revenue appropriated by this item or in the amount of funds
unexpended from previous fiscal years, not sooner than 30 days after
notification in writing to the chairpersons of the fiscal committees
of each
house and the Chairperson of the Joint Legislative Budget Committee.
6120-011-0890--For support of California State Library, for
payment to
Item 6120-011-0001, payable from the Federal Trust Fund . . .
6,545,000
6120-011-6000--For support of California State Library, Program
20-Library Development Services-Office of Library Construction
(Proposition 14), payable from the California Public Library
Construction
and Renovation Fund . . . 2,680,000
6120-011-6029--For support of California State Library, Program
10-State Library Services-Administration of the California Cultural
and
Historical Endowment, payable from the California Clean Water, Clean
Air, Safe Neighborhood Parks, and Coastal Protection Fund . . .
1,649,000
Provisions:
1. Funds in this item are available for the administration of the
California
Cultural and Historical Endowment authorized by Chapter 157 of the
Statutes of 2003.
6120-012-0001--For support of the California State Library for
rental
payments on lease-revenue bonds . . . 2,450,000
Schedule:
(1) Base Rental and Fees . . . 2,468,000
(2) Insurance . . . 24,000
(3) Reimbursements . . . -42,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
6120-013-0001--For support of California State Library, Program
10-State Library Services--Sutro Library Special Repairs Project . .
.
17,000
6120-150-0001--For local assistance, California State Library, for
the
California Civil Liberties Public Education Program . . . 500,000
Provisions:
1. The funds appropriated in this item shall be used to provide
competitive grants pursuant to the pro visions of Part 8.5
(commencing
with Section 13000) of Division 1 of the Education Code.
6120-151-0483--For support of the California State Library,
Program
20-Library Development Services, for telephonic services authorized
by
Chapter 654 of the Statutes of 2001, payable from the California Deaf
and Disabled Telecommunications Program Administrative Committee
Fund . . . 552,000
Provisions:
1. The funds appropriated in this item shall be used to operate
the
Telephonic Reading for the Blind Program. Any federal funds received
for this purpose shall offset the appropriation in this item. Any
remaining
funds in this item shall revert to the Deaf and Disabled
Telecommunications Program Administrative Committee Fund.
6120-160-0001--For local assistance, California State Library,
Program
20-Library Development Services--California Newspaper Project . . .
240,000
6120-211-0001--For local assistance, California State Library,
Program
20-Library Development Services . . . 14,342,000
Schedule:
(1) 20.30-Direct Loan and Interlibrary Loan Programs . . .
11,616,000
(2) 20.50-California Library Services Act pursuant to Chapter 4
(commencing with Section 18700) of Part 11 of the Education Code . .
.
2,726,000
6120-211-0890--For local assistance, California State Library,
Program
20-Library Development Services, payable from the Federal Trust Fund
.
. . 12,518,000
6120-213-0001--For local assistance, California State Library,
Program
20-Library Development Services-California English Acquisition and
Literacy Program . . . 5,064,000
Provisions:
1. Funds in this item are available for the California English
Acquisition
and Literacy Program pursuant to Section 18736 of the Education Code.
6120-221-0001--For local assistance, California State Library,
Program
20-Library Development Services-Public Library Foundation Program . .
. 14,360,000
Provisions:
1. Notwithstanding any other provision of law, for the 2005-06
fiscal
year, the date on or before which the fiscal officer of each public
library
shall report to the State Librarian the information specified in
Section
18023 of the Education Code shall be December 1, 2005.
2. Notwithstanding any other provision of law, for the 2005-06
fiscal
year, the date on or before which the Controller shall distribute
funds to
the fiscal officer of each public library as specified in Section
18026 of
the Education Code shall be February 15, 2006.
3. It is the intent of the Legislature that the funds appropriated
in this item
be allocated consistent with the provisions of Section 18025 of the
Education Code.
6120-495--Reversion, California State Library. As of June 30,
2005, the
sum specified below of the appropriation provided in the following
citation shall revert to the fund from which the appropriation was
made:
6029--California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund
(1) $4,685,000 from Item 6120-101-6029, Budget Act of 2003 (Ch.
157, Stats. 2003), as reappropriated by Item 6120-490, Budget Act of
2004 (Ch. 208, Stats. 2004)
6125-001-0001--For support of the Education Audit Appeals Panel .
. .
1,285,000
Schedule:
(1) 10-Education Audit Appeals Panel . . . 1,305,000
(2) 97.20.001-Unallocated Reduction . . . -20,000
6255-001-0001--For support of California State Summer School for
the
Arts . . . 793,000
Schedule:
(1) 10-California State Summer School for the Arts . . . 805,000
(2) 97.20.001-Unallocated Reduction . . . -12,000
6330-001-0890--For support of the California Occupational
Information
Coordinating Committee, payable from the Federal Trust Fund . . .
325,000
6360-001-0001--For support of the Commission on Teacher
Credentialing . . . 2,700,000
Schedule:
(1) 10-Standards for Preparation and Licensing of Teachers . . .
2,700,000
6360-001-0407--For support of the Commission on Teacher
Credentialing, payable from the Teacher Credentials Fund . . .
12,314,000
Schedule:
(1) 10-Standards for Preparation and Licensing of Teachers . . .
12,390,000
(2) 10.40.010-Departmental Administration . . . 4,755,000
(3) 10.40.020-Distributed Departmental Administration . . .
-4,755,000
(4) Reimbursements (Cultural Competency Study) . . . -76,000
Provisions:
1. The amount appropriated in this item may be increased based on
increases in credential applications, increases in first-time
credential
applications requiring fingerprint clearance, unanticipated costs
associated
with certificate discipline cases, or unanticipated costs of
litigation, subject
to approval of the Department of Finance, not sooner than 30 days
after
notification in writing to the chairpersons of the fiscal committees
of each
house and the Chairperson of the Joint Legislative Budget Committee.
3. To ensure the Teacher Credentials Fund reserve remains at a
prudent
level, the Commission onTeacher Credentialing shall charge no more
than
$55 for the issuance or renewal of a teaching credential.
4. Of the funds appropriated in Schedule (1) of this item,
$366,000 is for
maintenance costs of the Teacher Credentialing Service Improvement
Project.
5. If the funds available in the Teacher Credentials Fund are
insufficient to
meet the operational needs of the Commission on Teacher
Credentialing,
the Department of Finance may authorize a loan to be provided from
the
Test Development and Administration Account to the Teacher
Credentials Fund. The Department of Finance shall notify the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, of its intent to request that the Controller transfer the
amount
projected to be required from the Test Development and Administration
Account to the Teacher Credentials Fund. The Controller shall
transfer
those funds not sooner than 30 days after this notification.
6. The Commission on Teacher Credentialing (CTC) shall submit
quarterly reports to the Legislature, the Legislative Analyst's
Office, and
the Department of Finance on the minimum, maximum, and average
number of days taken to process: (a) renewal and
university-recommended credentials, (b) out-of-state and special
education credentials, (c) service credentials and supplemental
authorizations, (d) adult and vocational education certificates and
child
center permits, (e) emergency permits, and (f) the percentage of
renewals
and new applications completed online. The report should also include
information on the hours of staff time utilized to process the
different types
of credentials. The quarterly reports shall commence on October 1,
2005, and provide monthly data for July, August, and September.
Subsequent reports shall include historical data as well as data
from the
most recent quarter. The CTC shall work to reduce its processing
time.
8. By November 15, 2005, the Commission on Teacher Credentialing
shall submit a detailed proposal to the Department of Finance (DOF),
the
Joint Legislative Budget Committee, and the chairpersons of the
committees in each house of the Legislature that consider
appropriations
regarding the feasibility of relying on internal legal counsel rather
than
Attorney General representation at administrative hearings. The
proposal
shall include a comprehensive description of the option, a review of
how
it has worked at other state agencies, an explanation of how and when
it
could be implemented, and a refined estimate of the associated
savings.
The DOF and the Legislature shall consider this proposal when
developing the commission's budget for the 2006-07 fiscal year. (The
commission's preliminary estimate of potential savings is $927,000.)
9. By November 15, 2005, the Commission on Teacher Credentialing
shall submit a detailed proposal to the Department of Finance (DOF),
the
Joint Legislative Budget Committee, and the chairpersons of the
committees in each house of the Legislature that consider
appropriations
regarding the feasibility of establishing fees for disciplinary
reviews and
associated disciplinary actions. The proposal shall include a
comprehensive description of the option, explain how and when it
could
be implemented, and identify the associated savings. The DOF and the
Legislature shall consider this proposal when developing the
commission's
budget for the 2006-07 fiscal year. (The commission's preliminary
estimate of new revenue is $2,900,000.)
10. By December 15, 2005, the Commission on Teacher Credentialing
shall report to the Department of Finance, the Joint Legislative
Budget
Committee, and the chairpersons of the committees in each house of
the
Legislature that consider appropriations on its efforts to streamline
and
automate its review of teacher credentials submitted by institutions
of
higher education as well as child development permits submitted by
community colleges. The report shall include a description of the
automation efforts the commission has undertaken and an estimate of
the
resulting number of staff hours freed up for processing other
credential
applications.
6360-001-0408--For support of the Commission on Teacher
Credentialing, payable from the Test Development and Administration
Account, Teacher Credentials Fund . . . 3,767,000
Schedule:
(1) 10-Standards for Preparation and Licensing of Teachers . . .
3,767,000
Provisions:
1. The amount appropriated in this item may be increased for
unanticipated costs of litigation, or for costs from increases in the
number
of examinees, subject to approval of the Department of Finance, not
sooner than 30 days after notification in writing to the chairpersons
of the
fiscal committees of each house and the Chairperson of the Joint
Legislative Budget Committee.
2. Notwithstanding Section 44234 of the Education Code, funds that
are
set aside for pending litigation costs shall not be considered part
of the
reserve of the Teacher Credentials Fund for purposes of subdivision
(b)
of Section 44234 of the Education Code.
3. If the funds available in the Teacher Credentials Fund are
insufficient to
meet the operational needs of the Commission on Teacher
Credentialing,
the Department of Finance may authorize a loan to be provided from
the
Test Development and Administration Account to the Teacher
Credentials Fund. The Department of Finance shall notify the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, of its intent to request that the Controller transfer the
amount
projected to be required from the Test Development and Administration
Account to the Teacher Credentials Fund. The Controller shall
transfer
those funds not sooner than 30 days after this notification.
6360-101-0001--For local assistance, Commission on Teacher
Credentialing (Proposition 98), Program 10, Standards for Preparation
and Licensing of Teachers . . . 31,814,000
Schedule:
(1) 10.20.001-Alternative Certification Program . . . 24,923,000
(2) 10.20.002-California School Paraprofessional Teacher Training
Program . . . 6,583,000
(3) 10.10.001-Teacher Misassignment Monitoring . . . 308,000
Provisions:
1. The funds appropriated in Schedule (1) are for school districts
and
county offices of education participating in the alternative
certification
programs established pursuant to Article 11 (commencing with Section
44380) of Chapter 2 of Part 25 of the Education Code.
2. The funds appropriated in Schedule (2) are for school districts
and
county offices of education participating in the California School
Paraprofessional Teacher Training Program established pur-suant to
Article 12 (commencing with Section 44390) of Chapter 2 of Part 25 of
the Education Code.
3. The funds appropriated in Schedule (3) shall be used to
reimburse
county offices of education for costs associated with monitoring
public
schools and school districts for teacher misassignments. Funds shall
be
allocated on a basis determined by the commission. Districts and
county
offices receiving
funds for credential monitoring will provide reasonable
and necessary information to the commission as a condition of
receiving
these funds.
6360-495--Reversion, California Commission on Teacher
Credentialing.
The following amounts shall revert to the Proposition 98 Reversion
Account:
(1) $1,034,000 or whatever lesser or greater amount reflects
unexpended funds from Schedule (1) of Item 6360-101-0001, Budget
Act of 2003 (Ch. 157, Stats. 2003).
(2) $651,000 or whatever lesser or greater amount reflects
unexpended
funds from Schedule (2) of Item 6360-101-0001, Budget Act of 2003
(Ch. 157, Stats. 2003).
(3) $489,000 or whatever lesser or greater amount reflects the
unexpended funds from Schedule (3) of Item 6360-101-0001, Budget
Act of 2003 (Ch. 157, Stats. 2003).
6420-001-0001--For support of California Postsecondary Education
Commission . . . 2,059,000
Schedule:
(1) 100000-Personal Services . . . 1,872,000
(2) 300000-Operating Expenses and Equipment . . . 660,000
(3) 555000-Unallocated Reduction . . . -32,000
(4) Reimbursements . . . -3,000
(5) Amount payable from the Federal Trust Fund (Item
6420-001-0890)
. . . -438,000
6420-001-0890--For support of California Postsecondary Education
Commission, for payment to Item 6420-001-0001, payable from the
Federal Trust Fund . . . 438,000
6420-101-0890--For local assistance, California Postsecondary
Education Commission, payable from the Federal Trust Fund . . .
8,579,000
Provisions:
1. The funds appropriated in this item are for local assistance
activities
funded through the No Child Left Behind Act (P.L. 107-110).
6440-001-0001--For support of University of California . . .
2,617,636,000
Schedule:
(1) Support . . . 2,534,140,000
(2) Charles R. Drew Medical Program . . . 8,738,000
(3) Acquired Immune Deficiency Syndrome (AIDS) Research . . .
9,214,000
(4) Student Financial Aid . . . 52,199,000
(5) Loan Repayments . . . 5,105,000
(6) San Diego Supercomputer Center . . . 3,240,000
(7) Subject Matter Projects . . . 5,000,000
Provisions:
1. The appropriations made in this item are exempt from Section
31.00 of
this act.
2. None of the funds appropriated in this item may be expended to
initiate
major capital outlay projects by contract without prior legislative
approval, except for cogeneration and energy conservation projects.
Exempted projects shall be reported in a manner consistent with the
reporting procedures in subdivision (d) of Section 28.00 of this act.
3. The funds appropriated in Schedule (2) are for support of
University of
California program of clinical health sciences education, research,
and
public service, conducted in conjunction with the Charles R. Drew
University of Medicine and Science, as provided for in Sections 1, 2,
and
3 of Chapter 1140 of the Statutes of 1973. Of the amount
appropriated,
$500,000 is contingent upon the provision by the University of
California
of an equal amount of matching funds from its own resources. The
University of California shall ensure by adequate controls that funds
appropriated by Schedule (2) are expended solely for the support of
the
program identified in that schedule.
4. Of the amount appropriated in Schedule (1), $2,629,957 shall be
available for expenditure only for support of the Northern and
Southern
Occupational Health Centers as established by a contract entered into
with the Department of Indus-trial Relations pursuant to Section 50.8
of
the Labor Code.
5. The funds appropriated in Schedule (4) are for support of
Program 45,
Student Financial Aid, to provide financial aid to needy students
attending
the University of California, according to the nationally accepted
needs
analysis methodology.
6. Of the amount appropriated in Schedule (1), $7,462,800 is for
payment of energy service contracts in connection with the issuance
of
Public Works Board Energy Efficiency Revenue Bonds.
7. Of the amount appropriated in Schedule (5), $2,700,000 is for
repayment of $25,000,000 borrowed by the University of California for
deferred maintenance in the 1994-95 fiscal year. It is the intent of
the
Legislature to annually provide funds for that repayment purpose
through
the 2009-10 fiscal year.
8. Of the amount appropriated in Schedule (5), $2,405,000 is for
repayment of $25,000,000 borrowed by the University of California for
deferred maintenance in the 1995-96 fiscal year. It is the intent of
the
Legislature to annually provide funds for that repayment purpose
through
the 2010-11 fiscal year.
12. It is the intent of the Legislature that the University of
California report
by April 1, 2006, on the outcomes and effectiveness of COSMOS,
consistent with the accountability framework developed by the
University
of California for student academic preparation and education programs
in
April 2005.
13. The amount appropriated in Schedule (1) includes funding for
the
University of California at Berkeley, Institute for Governmental
Studies,
to support the Welfare Policy Research Project, per Article 9.7
(commencing with Section 11526) of Chapter 2 of Part 3 of the Welfare
and Institutions Code.
17. Notwithstanding Section 3.00, for the term of the financing,
the
University of California may use funds appropriated in Schedule (1)
for
debt services and costs associated with the purchase, renovation, and
financing of a facility for the UC-Mexico research and academic
programs in Mexico City. The amount to be financed shall not exceed
$7,000,000.
18. The funds appropriated in Schedule (7) are for support of the
Subject
Matter Projects.
21. Of the amount appropriated in Schedule (1), $17,300,000 is
appropriated for student academic preparation and education programs
(SAPEP) matched with $12,000,000 from existing university resources
for a total of $29,300,000 for these programs. The University of
California will provide a plan to the Department of Finance and the
fiscal
committees of the Legislature for expenditure of both state and
university
funds for SAPEP by September 1, 2005. It is the intent of the
Legislature
that the university report on the use of state and university funds
provided
for these programs, including detailed information on the outcomes
and
effectiveness of academic preparation programs consistent with the
accountability framework developed by the University of California in
April 2005. The report should be submitted to the fiscal committee of
each house of the Legislature by no later than April 1, 2006.
23. The amount appropriated in Schedule (1) includes funding for
the
University of California to enroll 205,976 full-time equivalent (FTE)
students (excluding students in nonstate supported summer instruction
programs). The Legislature expects the University of California to
enroll
this number of FTE students during the 2005-06 academic year. The
University of California shall report to the Legislature by March 15,
2006, on whether it has met the 2005-06 enrollment goal. This report
shall exclude FTE students in nonstate supported summer instruction
programs. If the University of California does not meet its
enrollment
goal, the Director of Finance shall revert to the General Fund by
April 1,
2006, the total amount of enrollment funding associated with the
share of
the enrollment goal that was not met.
24. Of the amount appropriated in Schedule (1), $300,000 shall be
used
to support 20 full-time equivalent students in the Program in Medical
Education for the Latino Community (PRIME-LC). The primary purpose
of this program is to train physicians specifically to serve in
underrepresented communities. The University of California shall
report
to the Legislature by March 15, 2006, on (a) its progress in
implementing
the PRIME-LC program and (b) the use of the total funds provided for
this program from both state and nonstate resources.
25. Of the funds appropriated in Schedule (1), $31,664,000 shall
be
expended for the purposes identified in Provisions 12 to 21,
inclusive, of
Item 6440-001-0001 of Section 2.00 of the Budget Act of 2003 (Ch.
157, Stats. 2003), and shall be allocated in proportion to the
amounts
designated in those provisions.
6440-001-0007--For support of University of California, payable
from
the Breast Cancer Research Account . . . 12,776,000
Provisions:
1. Notwithstanding subdivision (a) of Section 2.00 of this act,
the funds
appropriated in this item shall be available for expenditure until
June 30,
2008.
6440-001-0046--For support of University of California, Institute
of
Transportation Studies, payable from the Public Transportation
Account,
State Transportation Fund . . . 980,000
6440-001-0234--For support of the University of California,
payable
from the Research Account, Cigarette and Tobacco Products Surtax
Fund . . . 14,253,000
Provisions:
1. The funds appropriated in this item are to be allocated for
research
regarding tobacco use, with an emphasis on youth and young adults,
including, but not limited to, the effects of active and passive
smoking, the
primary prevention of tobacco use, nicotine addiction and its
treatment,
the effects of secondhand smoke, and public health issues surrounding
tobacco use.
2. Notwithstanding subdivision (a) of Section 2.00 of this act,
the funds
appropriated in this item are available for expenditure until June
30, 2008.
6440-001-0308--For support of the University of California,
payable
from the Earthquake Risk Reduction Fund of 1996 . . . 1,500,000
Provisions:
1. The funds appropriated in this item shall be expended for the
Center
for Earthquake Engineering Research, contingent upon the center
continuing to receive federal matching funds from the National
Science
Foundation.
6440-001-0321--For support of University of California, payable
from
the Oil Spill Response Trust Fund . . . 1,300,000
Provisions:
1. The funds appropriated in this item shall be available to
support the
Oiled Wildlife Care Network.
6440-001-0890--For support of University of California, payable
from
the Federal Trust Fund . . . 5,000,000
Provisions:
1. The funds appropriated in this item are for the federal Gaining
Early
Awareness and Readiness for Undergraduate Programs (GEAR UP) (20
U.S.C. 1070a-21 et seq.). These funds are provided to the University
of
California as the fiscal agent for this intersegmental program.
6440-001-0945--For support of the University of California,
payable
from the California Breast Cancer Research Fund . . . 473,000
Provisions:
1. Notwithstanding subdivision (a) of Section 2.00 of this act,
the funds
appropriated in this item shall be available for expenditure until
June 30,
2008.
6440-001-3054--For support of University of California . . .
1,752,000
Provisions:
1. The funds appropriated in this item shall be used to support
the
analysis of health care-related legislation, in accordance with
Chapter 795
of the Statutes of 2002.
6440-002-0001--For support of University of California . . .
(55,000,000)
Provisions:
1. Notwithstanding Section 2.00 of this act, the funds
appropriated in this
item are not available for expenditure or encumbrance prior to July
1,
2006. Claims for these funds shall be submitted by the University of
California on or after July 1, 2006, and before October 1, 2006.
2. No reserve may be established by the Controller for this
appropriation
before July 1, 2006.
6440-003-0001--For support of the University of California, for
payments on lease-purchase bonds. . . . 144,851,000
Schedule:
(1) Rental, insurance, and administrative payments . . .
147,367,000
(2) Reimbursements . . . -2,516,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise needed
to
ensure debt requirements are met.
2. This item may contain adjustments pursuant to Section 4.30 that
are
not currently reflected. Any adjustments to this item shall be
reported to
the Joint Legislative Budget Committee pursuant to Section 4.30.
6440-004-0001--For support of University of California . . .
24,000,000
Provisions:
1. Funds shall be available for planning and startup costs
associated with
academic programs to be offered in the San Joaquin Valley and
planning,
startup costs, and ongoing support for the Merced campus, including
the
following: (a) site studies, infrastructure planning, community
planning and
development, long-range development plans, environmental studies, and
other physical planning activities; (b) academic planning activities,
support
of academic program offerings prior to the opening of the new campus,
and faculty recruitment; (c) the acquisition of instructional
materials and
equipment; and (d) ongoing operating support for faculty, staff, and
other
annual operating expense for the new campus.
2. The University of California may enter into lease agreements
with an
option to purchase facilities in the Central Valley associated with
the
Merced campus. The lease agreement with an option to purchase shall
be
submitted to the Department of Finance for review and concurrence
prior to execution of the lease to ensure that the proposed lease is
consistent with legislative intent. The submission of the lease shall
also
include an economic analysis detailing the cost benefit of the
project.
6440-005-0001--For support of University of California . . .
4,750,000
Provisions:
1. Notwithstanding any other provision of law, the funds
appropriated in
this item are available for expenditure without regard to fiscal
year. Funds
in this item are provided pursuant to subdivision (c) of Section
92901 of
the Education Code to support the California Institutes for Science
and
Innovations.
6440-006-0001--For support of University of California . . .
108,000
Schedule:
(1) Membership Dues: Federal Fiscal Year 2006 . . . 108,000
Provisions:
1. Funds appropriated in this item are to support California's
membership
in the Western Interstate Commission on Higher Education.
6440-011-0042--For transfer by the Controller from the State
Highway
Account, State Transportation Fund to the Earthquake Risk Reduction
Fund of 1996 . . . (1,000,000)
6440-301-6041--For capital outlay, University of California,
payable
from the 2004 Higher Education Capital Outlay Bond Fund . . .
136,456,000
Schedule:
Berkeley Campus:
(1) 99.01.225-Seismic Safety Corrections, Giannini
Hall--Preliminary
plans . . . 1,055,000
(2) 99.01.240-Doe Library Seismic and Program Improvements, Stage
4--Construction . . . 30,810,000
Irvine Campus:
(3) 99.09.340-Computer Science Unit 3--Equipment . . . 3,025,000
Los Angeles Campus:
(4) 99.04.265-Life Sciences Replacement Building--Working drawings
.
. . 4,740,000
Riverside Campus:
(5) 99.05.200-Environmental Health and Safety
Expansion--Preliminary
plans and working drawings . . . 1,000,000
(6) 99.05.205-Student Academic Support Services
Building--Preliminary
plans and working drawings . . . 1,650,000
San Diego Campus:
(7) 99.06.330-Biomedical Library Renovation and
Addition--Equipment
. . . 695,000
(8) 99.06.340-Student Academic Services Facility--Equipment . . .
504,000
(9) 99.06.355-Mayer Hall Addition and Renovation--Equipment . . .
445,000
(10) 99.06.370-Music Building--Construction . . . 36,125,000
San Francisco Campus:
(11) 99.02.145-Medical Sciences Building Improvements, Phase
2--Construction . . . 15,319,000
Santa Barbara Campus:
(12) 99.08.120-Snidecor Hall Office Wing Seismic
Replacement--Equipment . . . 405,000
Santa Cruz Campus:
(13) 99.07.130-Humanities and Social Sciences Facility--Equipment
. . .
1,075,000
(14) 99.07.165-McHenry Project--Construction . . . 33,782,000
(15) 99.07.170-Alterations for Engineering, Phase 3--Construction
. . .
4,161,000
(16) 99.07.175-Digital Arts Facility--Working drawings . . .
888,000
(17) 99.07.180-Infrastructure Improvements, Phase 1--Preliminary
plans . . . 777,000
Provisions:
1. Identified savings in funds encumbered from this general
obligation
bond fund for construction contracts for capital outlay projects,
remaining
after completion of a capital outlay project and upon resolution of
all
change orders and claims, may be used: (a) to begin working drawings
for a project for which preliminary plan funds have been appropriated
and the plans have been approved by the State Public Works Board
consistent with the scope and cost approved by the Legislature as
adjusted for inflation only, (b) to proceed further with the
underground
tank corrections program, (c) to perform engineering evaluations on
buildings that have been identified as potentially in need of
seismic
retrofitting, (d) to proceed with design and construction of projects
to
meet requirements under the federal Americans with Disabilities Act
of
1990, or (e) to fund minor capital outlay projects.
No later than March 1 of each year, the University of California
shall
provide the Legislative Analyst with a progress report showing the
identified savings by project, and the purpose for which the
identified
savings were used.
No later than November 1 of each year, the University of
California
shall prepare a report showing (a) the identified savings by project
and
(b) the purpose for which the identified savings were used. This
report
shall be submitted to the Chair of the Joint Legislative Budget
Committee
and to the chairs of the fiscal committees in each house.
2. The funds provided under this item shall be available for
expenditure
only if the University of California requires the payment of
prevailing wage
rates by the contractors and subcontractors on all projects in this
item
and on all other capital outlay projects undertaken by the University
of
California that are funded using nonstate funds or are otherwise not
financed with the funds appropriated in this item. This requirement
shall
represent a moratorium on granting further exceptions to paying
prevailing
wage rates until June 30, 2006.
6440-302-0574--For capital outlay, University of California,
payable
from the 1998 Higher Education Capital Outlay Bond Fund . . .
9,000,000
Schedule:
Los Angeles Campus:
(1) 99.04.265-Life Sciences Replacement Building--Working drawings
and construction . . . 9,000,000
Provisions:
1. Notwithstanding Section 13332.11 of the Government Code or any
other provision of law, the University of California may proceed with
any
phase of any project identified in the above schedule, including
preparation of preliminary plans, working drawings, construction, or
equipment purchase, without the need for any further approvals.
2. The University of California shall complete each project
identified in
the above schedule within the total funding amount specified in the
schedule for that project. Notwithstanding Section 13332.11 of the
Government Code or any other provision of law, the budget for any
project to be funded from this item may be augmented by the
University
of California within the total appropriation made by this item, in an
amount not to exceed 10 percent of the amount appropriated for that
project. No funds appropriated in this item for equipment may be used
for an augmentation under this provision, or be augmented from any
other
funds appropriated in this item. This condition does not limit the
authority
of the University of California to use nonstate funds.
3. The University of California shall complete each project
identified in
the above schedule without any change to its scope. The scope of a
project, in this respect, means the intended purpose of the project
as
determined by reference to the following elements of the budget
request
for that project submitted by the University of California to the
Department of Finance: (a) the program elements related to project
type,
and (b) the functional description of spaces required to deliver the
academic and supporting programs as approved by the Legislature.
4. Notwithstanding any other provision of law, the appropriation
made in
this item is available for encumbrance or expenditure during the
2005-06
and 2006-07 fiscal years, except that the funds appropriated for
construction only must be bid during the 2005-06 fiscal year, and are
available for expenditure until June 30, 2007, and that the funds
appropriated for equipment purposes are available for encumbrance
until
June 30, 2008. For the purposes of encumbrance, funds appropriated
for
construction management and projectcontingency purposes, as well as
any bid savings, shall be deemed to be encumbered at the time a
contract
for that purpose is awarded; these funds also may be used to initiate
consulting contracts necessary for management of the project during
the
liquidation period. Any savings identified at the completion of the
project
also may be used during the liquidation period to fund the purposes
described in Provision 5.
5. Identified savings in a budget for a capital outlay project, as
appropriated in this item, remaining after completion of a capital
outlay
project and upon resolution of all change orders and claims, may be
used
without further approval: (a) to augment projects consistent with
Provision 2, (b) to proceed further with the underground tank
corrections
program, (c) to perform engineering evaluations on buildings that
have
been identified as potentially in need of seismic retrofitting, (d)
to proceed
with the design and construction of projects to meet requirements
under
the federal Americans with Disabilities Act of 1990, or (e) to fund
minor
capital outlay projects.
6. No later than December 1 of each year, the University of
California
shall submit a report outlining the expenditures for each project of
the
funds appropriated by this item to the Chairperson of the Joint
Legislative
Budget Committee, the chairpersons of the fiscal committees of each
house of the Legislature, the Legislative Analyst, and the Director
of
Finance. The report also shall include the following elements: (a) a
statement of the identified savings by project, and the purpose for
which
the identified savings were used; (b) a certification that each
project, as
proceeding or as completed, has remained within its scope and the
amount funded for that project under this item; and (c) an evaluation
of
the outcome of the project measured against performance criteria.
6440-302-6028--For capital outlay, University of California,
payable
from the 2002 Higher Education Capital Outlay Bond Fund . . .
5,802,000
Schedule:
Los Angeles Campus:
(1) 99.04.265-Life Sciences Replacement Building--Working drawings
and construction . . . 5,802,000
Provisions:
1. Notwithstanding Section 13332.11 of the Government Code or any
other provision of law, the University of California may proceed with
any
phase of any project identified in the above schedule, including
preparation of preliminary plans, working drawings, construction, or
equipment purchase, without the need for any further approvals.
2. The University of California shall complete each project
identified in
the above schedule within the total funding amount specified in the
schedule for that project. Notwithstanding Section 13332.11 of the
Government Code or any other provision of law, the budget for any
project to be funded from this item may be augmented by the
University
of California within the total appropriation made by this item, in an
amount not to exceed 10 percent of the amount appropriated for that
project. No funds appropriated in this item for equipment may be used
for an augmentation under this provision, or be augmented from any
other
funds appropriated in this item. This condition does not limit the
authority
of the University of California to use nonstate funds.
3. The University of California shall complete each project
identified in
the above schedule without any change to its scope. The scope of a
project, in this respect, means the intended purpose of the project
as
determined by reference to the following elements of the budget
request
for that project submitted by the University of California to the
Department of Finance: (a) the program elements related to project
type,
and (b) the functional description of spaces required to deliver the
academic and supporting programs as approved by the Legislature.
4. Notwithstanding any other provision of law, the appropriation
made in
this item is available for encumbrance or expenditure during the
2005-06
and 2006-07 fiscal years, except that the funds appropriated for
construction only must be bid during the 2005-06 fiscal year, and are
available for expenditure until June 30, 2007, and that the funds
appropriated for equipment purposes are available for encumbrance
until
June 30, 2008. For the purposes of encumbrance, funds appropriated
for
construction management and projectcontingency purposes, as well as
any bid savings, shall be deemed to be encumbered at the time a
contract
for that purpose is awarded; these funds also may be used to initiate
consulting contracts necessary for management of the project during
the
liquidation period. Any savings identified at the completion of the
project
also may be used during the liquidation period to fund the purposes
described in Provision 5.
5. Identified savings in a budget for a capital outlay project, as
appropriated in this item, remaining after completion of a capital
outlay
project and upon resolution of all change orders and claims, may be
used
without further approval: (a) to augment projects consistent with
Provision 2, (b) to proceed further with the underground tank
corrections
program, (c) to perform engineering evaluations on buildings that
have
been identified as potentially in need of seismic retrofitting,
(d) to proceed
with the design and construction of projects to meet requirements
under
the federal Americans with Disabilities Act of 1990, or (e) to fund
minor
capital outlay projects.
6. No later than December 1 of each year, the University of
California
shall submit a report outlining the expenditures for each project of
the
funds appropriated by this item to the Chairperson of the Joint
Legislative
Budget Committee, the chairpersons of the fiscal committees of each
house of the Legislature, the Legislative Analyst, and the Director
of
Finance. The report also shall include the following elements: (a) a
statement of the identified savings by project, and the purpose for
which
the identified savings were used; (b) a certification that each
project, as
proceeding or as completed, has remained within its scope and the
amount funded for that project under this item; and (c) an evaluation
of
the outcome of the project measured against performance criteria.
6440-302-6041--For capital outlay, University of California,
payable
from the 2004 Higher Education Capital Outlay Bond Fund . . .
201,205,000
Schedule:
Davis Campus:
(1) 99.03.315-Electrical Improvements, Phase 3--Working drawings
and
construction . . . 10,166,000
(2) 99.03.325-Physical Sciences Expansion--Working drawings and
construction . . . 46,280,000
(3) 99.03.345-Steam Expansion, Phase 1--Working drawings and
construction . . . 10,483,000
Irvine Campus:
(4) 99.09.350-Engineering Unit 3--Construction . . . 47,347,000
(5) 99.09.355-Social and Behavioral Sciences Building--Preliminary
plans and working drawings . . . 2,850,000
Los Angeles Campus:
(5.5) 99.04.265-Life Sciences Replacement Building--Working
drawings
and construction . . . 32,500,000
Riverside Campus:
(6) 99.05.190-Materials and Science and Engineering
Building--Construction . . . 50,549,000
Division of Agriculture and Natural Resources:
(7) 99.10.055-Lindcove Research and Extension Center Laboratory
Facility--Preliminary plans, working drawings and construction . . .
1,030,000
Provisions:
1. Notwithstanding Section 13332.11 of the Government Code or any
other provision of law, the University of California may proceed with
any
phase of any project identified in the above schedule, including
preparation of preliminary plans, working drawings, construction, or
equipment purchase, without the need for any further approvals.
2. The University of California shall complete each project
identified in
the above schedule within the total funding amount specified in the
schedule for that project. Notwithstanding Section 13332.11 of the
Government Code or any other provision of law, the budget for any
project to be funded from this item may be augmented by the
University
of California within the total appropriation made by this item, in an
amount not to exceed 10 percent of the amount appropriated for that
project. No funds appropriated in this item for equipment may be used
for an augmentation under this provision, or be augmented from any
other
funds appropriated in this item. This condition does not limit the
authority
of the University of California to use non-state funds.
3. The University of California shall complete each project
identified in
the above schedule without any change to its scope. The scope of a
project means, in this respect, the intended purpose of the project
as
determined by reference to the following elements of the budget
request
for that project submitted by the University of California to the
Department of Finance: (a) the program elements related to project
type,
and (b) the functional description of spaces required to deliver the
academic and supporting programs as approved by the Legislature.
4. Notwithstanding any other provision of law, the appropriation
made by
this item is available for encumbrance during the 2005-06 and 2006-07
fiscal years, except that the funds appropriated for construction
only must
be bid during the 2005-06 fiscal year, and are available for
expenditure
until June 30, 2007, and that the funds appropriated for equipment
purposes are available for encumbrance until June 30, 2008. For the
purposes of encumbrance funds appropriated for construction
management and project contingencies purposes, as well as any bid
savings, shall be deemed to be encumbered at the time a contract for
that
purpose is awarded; these funds also may be used to initiate
consulting
contracts necessary for management of the project during the
liquidation
period. Any savings identified at the completion of the project also
may
be used during the liquidation period to fund the purposes described
in
Provision 5.
5. Identified savings in a budget for a capital outlay project, as
appropriated in this item, remaining after completion of a capital
outlay
project and upon resolution of all change orders and claims, may be
used
without further approval: (a) to augment projects consistent with
Provision 2, (b) to proceed further with the underground tank
corrections
program, (c) to perform engineering evaluations on buildings that
have
been identified as potentially in need of seismic retrofitting, (d)
to proceed
with the design and construction of projects to meet requirements
under
the federal Americans with Disabilities Act of 1990, or (e) to fund
minor
capital outlay projects.
6. No later than December 1 of each year, the University of
California
shall submit a report outlining the expenditure for each project of
the
funds appropriated by this item to the Chairperson of the Joint
Legislative
Budget Committee, the chairpersons of the fiscal committees of each
house, the Legislative Analyst, and the Director of Finance. The
report
also shall include the following elements: (a) a statement of the
identified
savings by project, and the purpose for which the identified savings
were
used; (b) a certification that each project as proceeding or as
completed,
has remained within its scope and the amount funded for that project
under this item; and (c) an evaluation of the outcome of the project
measured against performance criteria.
7. The projects identified in Schedules (4) and (5) of this item
may utilize
design-build construction consistent with practices, policies, and
procedures of the University of California.
6440-401--Identified savings in funds encumbered from Higher
Education Capital Outlay Bond Funds of 1986, 1988, 1990, 1992,
1996, 1998, and 2002 for capital outlay projects, remaining after
completion of a capital outlay project and upon resolution of all
change
orders and claims, may be used: (a)
to begin working drawings for a project for which preliminary plan
funds
have been appropriated and the plans have been approved by the State
Public Works Board consistent with the scope and cost approved by the
Legislature as adjusted for inflation only, (b)
to proceed further with the underground tank corrections program,
(c)
to perform engineering evaluations on buildings that have been
identified
as potentially in need of seismic retrofitting, (d)
to proceed with design and construction of projects to meet
requirements under the federal Americans with Disabilities Act, and
(e)
for identified savings in funds encumbered from the Higher Education
Capital Outlay Bond Funds of 1996, 1998, and 2002, to fund minor
capital outlay projects. No later than December 1 of each year, the
University of California shall prepare a report showing (a) the
identified
savings by project and (b) the purpose for which the identified
savings
were used. This report shall be submitted to the Chairperson of the
Joint
Legislative Budget Committee and to the chairs of the fiscal
committees in
each house.
6440-490--Reappropriation, University of California.
Notwithstanding
any other provision of law, the balances as of June 30, 2005, of the
appropriations provided in the following citations are reappropriated
for
the purposes and subject to the limitations, unless otherwise
specified,
provided for in the appropriations and shall be available for
encumbrance
and expenditure until June 30, 2006:
0001--General Fund
(1) Item 6440-001-0001 of Section 2.00 of the Budget Act of 2004
(Ch. 208, Stats. 2004).
Provisions:
1. Of the funds reappropriated in this item from Item
6440-001-0001 of
Section 2.00 of the Budget Act of 2004 (Ch. 208, Stats. 2004),
$15,000,000 shall be available for deferred maintenance, special
re-pair
projects, and the replacement of instructional equipment. As of June
30,
2005, the balance of the funds from that item in excess of
$15,000,000
shall revert to the General Fund.
2. The University of California shall report to the Department of
Finance
and the Joint Legislative Budget Committee the amount of the balance,
on
June 30, 2005, of Item 6440-001-0001 of Section 2.00 of the Budget
Act of 2004 (Ch. 208, Stats. 2004), by September 30, 2005, and the
expenditures made pursuant to this item by September 30, 2006.
6440-491--Reappropriation, University of California.
Notwithstanding
any other provision of law, the balances of the appropriations
provided
for in the following citations are reappropriated for the purposes
and
subject to the limitations, unless otherwise specified, in those
appropriations:
6041--Higher Education Capital Outlay Bond Fund of 2004
(1) Item 6440-301-6041, Budget Act of 2004 (Ch. 208, Stats. 2004)
Davis Campus:
(2) 99.03.305-Robert Mondavi Institute for Wine and Food
Science--Construction
(3) 99.03.310-Seismic Corrections, Phase 4--Construction
San Diego Campus:
(13) 99.06.370-Music Building--Working drawings
Merced Campus:
(23) 99.11.035-Logistical Support/Service Facilities--Construction
and
equipment
6440-495--Reversion, University of California. As of June 30,
2005, the
sum of $2,500,000 from the appropriation provided in the following
citation shall revert to the balance of the fund from which the
appropriation was made:
6041--Higher Education Capital Outlay Bond of 2004 Los Angeles
Campus:
(1) Item 6440-301-6041, Budget Act of 2004 (Ch. 208, Stats. 2004)
(6) 99.04.320-CHS South Tower Seismic Renovation, Phase
A--Working drawings
6600-001-0001--For support of Hastings College of the Law . . .
8,363,000
Provisions:
1. The appropriation made in this item is exempt from Section
31.00 of
this act.
2. Of the funds appropriated in this item, $774,000 is for support
of
Program 40, Student Services, to provide financial aid to needy
students
attending the Hastings College of the Law, according to the
nationally
accepted needs analysis methodology.
3. Notwithstanding any other law, funds in this item shall not be
expended
at a rate in excess of one-twelfth of the total amount in any month
of the
2005-06 fiscal year.
6610-001-0001--For support of the California State University . .
.
2,553,835,250
Schedule:
(1) Support . . . 3,978,413,250
(3) Reimbursements . . . -186,032,000
(4) Amount payable from the Higher Education Fees and Income, CSU
Fund (Item 6610-001-0498) . . . -1,212,546,000
(5) Amount payable from the 2004 Higher Education Capital Outlay
Bond Fund (Item 6610-001-6041) . . . -26,000,000
Provisions:
1. The appropriations made in this item are exempt from Section
31.00 of
this act, except as otherwise provided by the applicable sections of
the
Government Code referred to in Section 31.00.
2. Of the amount appropriated in this item, $350,000 is for
transfer to the
Affordable Student Housing Revolving Fund for the purpose of
subsidizing interest costs in connection with bond financing for
construction of affordable student housing at the Fullerton and
Hayward
campuses in accordance with Article 3 (commencing with Section
90085) of Chapter 8 of Part 55 of the Education Code.
3. Of the amount appropriated in this item, $1,878,000 is for
repayment
of the $17,000,000 financed for the California State University
through a
third party for deferred maintenance projects in the 1994-95 fiscal
year.
It is the intent of the Legislature to annually provide funds for
that
repayment purpose through the 2009-10 fiscal year.
4. Of the amount appropriated in this item, $2,309,000 is for
repayment
of the $24,000,000 financed for the California State University
through a
third party for deferred maintenance projects in the 1995-96 fiscal
year.
It is the intent of the Legislature to annually provide funds for
that
repayment purpose through the 2010-11 fiscal year.
5. Of the amount appropriated in this item, $33,785,000 is
provided for
student financial aid grants. These financial aid funds shall be
provided to
needy students according to the nationally accepted needs analysis
methodology.
8. Of the amount appropriated in Schedule (1), $52,000,000 is
provided
for student academic preparation and student support services
programs.
The university will provide $45,000,000 and the state will provide
$7,000,000 to support the Early Academic Assessment Program,
Campus-Based Outreach Programs and the Educational Opportunity
Program. It is the intent of the Legislature that the university
report on the
outcomes and effectiveness of the Early Academic Assessment Program
to the fiscal committees of each house of the Legislature no later
than
March 15, 2006.
10. The amount appropriated in Schedule (1) includes funding for
the
California State University to enroll 332,223 full-time equivalent
(FTE)
students (excluding students in nonstate supported summer instruction
programs). The Legislature expects the university to enroll this
number of
FTE students during the 2005-06 academic year. The university shall
provide a preliminary report to the Legislature by March 15, 2006,
and a
final report by May 1, 2006, on whether it has met the 2005-06
enrollment goal. These reports shall exclude FTE students in nonstate
supported summer instruction programs. If the university does not
meet
its enrollment goal, the Director of Finance shall revert to the
General
Fund by May 15, 2006, the total amount of enrollment funding
associated
with the share of the enrollment goal that was not met.
11. Of the amount appropriated in Schedule (1), $4,000,000 is to
support the development of entry-level master's degree programs in
nursing, pursuant to Article 8 (commencing with Section 89270) of
Chapter 2 of Part 55 of Title 3 of the Education Code.
6610-001-0498--For support of the California State University, for
payment to Item 6610-001-0001, payable from the Higher Education
Fees and Income, CSU Fund . . . 1,212,546,000
Provisions:
1. All funds received in the Higher Education Fees and Income, CSU
Fund, that are in excess of the amount appropriated in this item are
hereby appropriated in augmentation of this item.
6610-001-0890--For support of the California State University,
payable
from the Federal Trust Fund . . . 39,789,000
Provisions:
1. All funds deposited in the Federal Trust Fund for the
California State
University for the purposes of this item and that are in excess of
the
amount appropriated in this item are hereby appropriated in
augmentation of this item and are exempt from Section 28.00 of this
act,
pursuant to subdivision (a) of Section 89753 of the Education Code.
6610-001-6041--For support of the California State University, for
payment to Item 6610-001-0001, payable from the 2004 Higher
Education Capital Outlay Bond Fund . . . 26,000,000
6610-002-0001--For support of the California State University for
transfer to and in augmentation of Item 6610-001-0001, for the
purpose
of providing direct costs and administrative overhead expenses for
the
Assembly, Senate, Executive, and Judicial Fellows programs and the
Center for California Studies . . . 3,034,000
Schedule:
(1) Center for California Studies--Fellows Program . . . 610,000
(2) Center for California Studies-- Other . . . 36,500
(3) Assembly Fellows . . . 597,851
(4) Senate Fellows . . . 597,851
(5) Executive Fellows . . . 597,351
(6) Judicial Fellows . . . 421,659
(7) LegiSchool Project . . . 116,788
(8) Sacramento Semester Internship Program . . . 56,000
6610-003-0001--For support of the California State University for
payments on lease-purchase bonds . . . 61,668,000
Schedule:
(1) Rental, insurance, and administrative payments . . .
62,190,000
(2) Reimbursements . . . -522,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise needed
to
ensure debt requirements are met.
2. This item may contain adjustments pursuant to Section 4.30 that
are
not currently reflected. Any adjustments to this item shall be
reported to
the Joint Legislative Budget Committee pursuant to Section 4.30.
6610-301-6041--For capital outlay, California State University,
payable
from the 2004 Higher Education Capital Outlay Bond Fund . . .
111,050,000
Schedule:
(1) 06.48.315-Systemwide: Minor Capital Outlay--Preliminary plans,
working drawings and construction . . . 16,000,000
(1.5) 06.54.081-Dominguez Hills: Educational Resource Center
Addition--Construction . . . 34,876,000
(2.5) 06.64.082-Hayward: Student Services Replacement
Building--Preliminary plans and working drawings . . . 1,651,000
(3) 06.71.107-Long Beach: Seismic Upgrade, Liberal Arts 2, 3, and
4--Preliminary plans, working drawings and construction . . .
1,253,000
(3.5) 06.71.110-Long Beach: Peterson Hall 3 Replacement
Building--Working drawings . . . 2,048,000
(4) 06.98.107-Pomona: Library Addition and Renovation--Working
drawings and construction . . . 55,222,000
Provisions:
1. Identified savings in funds encumbered from this general
obligation
bond fund for construction contracts for capital outlay projects,
remaining
after completion of a capital outlay project and upon resolution of
all
change orders and claims, may be used prior to the appropriation
reversion date: (a) to begin working drawings for a project for which
preliminary plans funds have been appropriated and the plans have
been
approved by the State Public Works Board consistent with the scope
and cost approved by the Legislature as adjusted for inflation only,
(b) to
proceed further with the underground tank corrections program, (c) to
perform engineering evaluations on buildings that have been
identified as
potentially in need of seismic retrofitting, or (d) to proceed with
design
and construction of projects to meet requirements under the federal
Americans with Disabilities Act of 1990.
No later than March 1 of each year, the California State
University shall
provide the Legislative Analyst with a progress report showing the
identified savings, by project, and the purpose for which the
identified
savings were used.
No later than November 1 of each year, the California State
University
shall prepare a report showing the identified savings, by project,
and the
purpose for which the identified savings were used. This report shall
be
submitted to the Chairperson of the Joint Legislative Budget
Committee
and to the chairpersons of the fiscal committees in each house.
6610-302-6041--For capital outlay, California State University,
payable
from the 2004 Higher Education Capital Outlay Bond Fund . . .
206,367,000
Schedule:
(1) 06.52.109-Chico: Student Services Center--Equipment . . .
2,201,000
(3) 06.56.093-Fresno: Library Addition and Renovation--Working
drawings and construction . . . 86,419,000
(4) 06.67.098-Humboldt: Forbes PE Complex Renovation--Working
drawings and construction . . . 41,488,000
(5) 06.67.100-Humboldt: Mai Kai Land Acquisition--Acquisition . .
.
6,000,000
(7) 06.71.111-Long Beach: Library Addition and Renovation--Working
drawings and construction . . . 31,326,000
(8) 06.73.094-Los Angeles: Science Replacement Building, Wing
A--Equipment . . . 4,635,000
(9) 06.82.086-Northridge: Performing Arts Center--Preliminary
plans . .
. 1,210,000
(10) 06.80.157-San Diego: Social Sciences/Art Gallery/Parking
Structure 8--Equipment . . . 3,324,000
(11) 06.86.115-San Jose: Joint Library, Secondary
Effects--Equipment .
. . 2,171,000
(12) 06.96.115-San Luis Obispo: Engineering/Architecture
Renovation
and Replacement, Phase II--Equipment . . . 5,573,000
(13) 06.68.120-San Marcos: Craven Hall Renovation--Equipment . . .
527,000
(14) 06.90.085-Sonoma: Darwin Hall--Equipment . . . 2,221,000
(15) 06.90.086-Sonoma: Music/Faculty Office Building--Construction
. .
. 16,247,000
(16) 06.92.064-Stanislaus: Science II (Seismic)--Equipment . . .
3,025,000
Provisions:
1. Notwithstanding Section 13332.11 of the Government Code or any
other provision of law, the California State University may proceed
with
any phase of any project identified in the above schedule, including
preparation of preliminary plans, working drawings, construction, or
equipment purchase, without the need for any further approvals.
2. The California State University shall complete each project
identified in
the above schedule within the total funding amount specified in the
schedule for that project. Notwithstanding Section 13332.11 of the
Government Code or any other provision of law, the budget for any
project to be funded from this item may be augmented by the
California
State University within the total appropriation made by this item, in
an
amount not to exceed 10 percent of the amount appropriated for that
project. No funds appropriated in this item for equipment may be used
for an augmentation under this provision, or be augmented from any
other funds appropriated in this item. This condition does not limit
the
authority of the California State University to use nonstate funds
for these
purposes.
3. The California State University shall complete each project
identified in
the above schedule without any change to its scope. The scope of a
project means, in this respect, the intended purpose of the project
as
determined by reference to the following elements of the budget
request
for that project submitted by the California State University to the
Department of Finance: (a) the program elements related to project
type,
and (b) the functional description of spaces required to deliver the
academic and supporting programs as approved by the Legislature.
4. Identified savings in a budget for a capital outlay project, as
appropriated in this item, remaining after completion of a capital
outlay
project and upon resolution of all change orders and claims, may be
used:
(a) to begin working drawings for a project for which preliminary
plans
have been approved by the State Public Works Board consistent with
the
scope and cost approved by the Legislature as adjusted for inflation
only,
(b) to proceed further with the underground tank corrections program,
(c) to perform engineering evaluations on buildings identified as
potentially
in need of seismic retrofitting, (d) to proceed with design and
construction
of projects to meet requirements under the federal Americans with
Disabilities Act of 1990, (e) to fund minor capital outlay projects,
or (f) to
fund feasibility studies for capital outlay.
5. No later than March 1 of each year, the California State
University
shall submit a report detailing the expenditure for each project of
the
funds appropriated by this item to the Chairperson of the Joint
Legislative
Budget Committee, the chairperson of the fiscal committees of each
house, the Legislative Analyst, and the Director of Finance. The
report
shall include the following elements: (a) a statement of the
identified
savings by project, and the purpose for which the identified savings
were
used; (b) a certification that each project as proceeding or as
completed,
has remained within its scope and the amount funded for that project
under this item; and (c) an evaluation of the outcome of the project
measured against performance criteria.
6. Notwithstanding any other provision of law, the appropriation
made in
this item is available for encumbrance during the 2005-06 and 2006-07
fiscal years, except that the funds appropriated for construction
only must
be bid by the 2005-06 fiscal year, and will be available for
expenditure
until June 30, 2007, and funds appropriated for equipment purposes
are
available for encumbrance until June 30, 2008. For the purposes of
encumbrance, funds appropriated for construction management and
project contingencies purposes, as well as any bid savings, shall be
deemed to be encumbered at the time a contract for that purpose is
awarded; these funds also may be used to initiate consulting
contracts
necessary for management of the project during the liquidation
period.
Any savings identified at the completion of the projects also may be
used
during the liquidation period to fund the purposes described in
subdivisions (a), (b), (c), (d), (e), and (f) of Provision 4.
6610-401--Identified savings in funds encumbered from Higher
Education Capital Outlay Bond Funds of 1986, 1988, 1990, 1992,
1996, 1998, and 2002 for capital outlay projects, remaining after
completion of a capital outlay project and upon resolution of all
change
orders and claims, may be used: (a)
to begin working drawings for a project for which preliminary plan
funds
have been appropriated and the plans have been approved by the State
Public Works Board consistent with the scope and cost approved by the
Legislature as adjusted for inflation only, (b)
to proceed further with the underground tank corrections program,
(c)
to perform engineering evaluations on buildings that have been
identified
as potentially in need of seismic retrofitting, or (d)
to proceed with design and construction of projects to meet
requirements under the federal Americans with Disabilities Act. No
later than November 1 of each year, the California State
University shall
prepare a report showing (a) the identified savings by project and
(b) the
purpose for which the identified savings were used. This report shall
be
submitted to the Chairperson of the Joint Legislative Budget
Committee
and to the chairs of the fiscal committees in each house.
6610-490--Reappropriation, California State University.
Notwithstanding any other provision of law, the balances of the
appropriations provided in the following citations are reappropriated
for
the purposes and subject to the limitations, unless otherwise
specified,
provided for in the appropriations and shall be available for
encumbrance
or expenditure until June 30, 2006:
0001--General Fund
(1) Item 6610-001-0001, Budget Act of 2004 (Ch.
208, Stats. 2004)
Provisions:
1. Of the funds reappropriated in this item from Item
6610-001-0001,
Budget Act of 2004 (Ch. 208, Stats. 2004), up to $15,000,000 shall be
available for the general support of the California State University.
This
$15,000,000 limitation applies only to reappropriations generated
from
systemwide allocations. As of June 30, 2005, the balance generated
from
systemwide allocations in excess of $15,000,000 shall revert to the
General Fund.
2. The California State University shall, by September 30, 2005,
report
to the Department of Finance and the Joint Legislative Budget
Committee
the amount of the balance as of June 30, 2005, of Item 6610-001-0001
of the Budget Act of 2004
(Ch. 208, Stats. 2004), and a proposed expenditure plan for that
balance. The California State University shall report by September
30,
2006, on the expenditures made pursuant to this item.
0498--Higher Education Fees and Income, CSU Fund
(1) Item 6610-001-0498, Budget Act of 2004
(Ch. 208, Stats. 2004).
6610-493--Reappropriation, California State University.
Notwithstanding any other provision of law, the balances of the
appropriations provided in the following citations are reappropriated
for
the purposes and subject to the limitations, unless otherwise
specified, in
those appropriations:
6028--Higher Education Capital Outlay Bond Fund of 2002
(1) Item 6610-301-6028, Budget Act of 2002 (Ch. 379, Stats. 2002)
Humboldt Campus:
(5.5) 06.67.087.202-Humboldt: Behavioral and Social Sciences Phase
I--Construction
6610-494--Reappropriation, California State University.
Notwithstanding any other provision of law, the following shall be
available for liquidation until June 30, 2006:
(1) Item 6610-302-0574, Budget Act of 1999 (Ch. 50, Stats. 1999),
as
reappropriated by Item 6610-492, Budget Act of 2003 (Ch. 157, Stats.
2003), and Item 6610-494, Budget Act of 2004 (Ch. 208, Stats. 2004)
(8) 06.84.098-San Francisco State University: Renovate Hensill
Hall
(Seismic)--Construction . . . 29,166,000
(2) Item 6610-301-0574, Budget Act of 2000 (Ch. 52, Stats. 2000)
(9) 06.73.088-Los Angeles: Telecommunications
Infrastruc-ture--Construction . . . 7,521,000
6610-495--Reversion, California State University. As of June 30,
2005,
$15,520,000 from the appropriation provided in Schedule (1) of Item
6610-001-0001, Budget Act of 2004 (Ch. 208, Stats. 2004), shall
revert to the General Fund, pursuant to Provision 8 of that item.
6870-001-0001--For support of Board of Governors of the California
Community Colleges . . . 9,231,000
Schedule:
(1) 10-Apportionments . . . 853,000
(2) 20-Special Services and Operations . . . 16,270,000
(3) 30.01-Administration . . . 4,088,000
(4) 30.02-Administration--Distri-buted . . . -4,088,000
(5) 97.20.001-Unallocated Reduction . . . -137,000
(6) Reimbursements . . . -7,755,000
Provisions:
1. Funds appropriated in this item may be expended or encumbered
to
make one or more payments under a personal services contract of a
visiting educator pursuant to Section 19050.8 of the Government Code,
a
long-term special consultant services contract, or an employment
contract
between an entity that is not a state agency and a person who is
under the
direct or daily supervision of a state agency, only if all of the
following
conditions are met:
(a) The person providing service under the contract provides full
financial
disclosure to the Fair Political Practices Commission in accordance
with
the rules and regulations of the commission.
(b) The service provided under the contract does not result in the
displacement of any represented civil service employee.
(c) The rate of compensation for salary and health benefits for
the person
providing service under the contract does not exceed by more than 10
percent the current rate of compensation for salary and health
benefits
determined by the Department of Personnel Administration for civil
service personnel in a comparable position. The payment of any other
compensation or any reimbursement for travel or per diem expenses
shall
be in accor-dance with the State Administrative Manual and the rules
and
regulations of the Department of Personnel Administration.
2. Of the amount appropriated in this item, $417,000 is
appropriated for
four positions to support workload associated with a
district-specific
accountability program. These positions are contingent upon the
enactment of legislation in the 2005-06 Regular Session that
establishes a
program for district-specific reporting and evaluation of educational
outcomes in response to Chapter 581 of the Statutes of 2004. It is
intended that the first report for the district-specific
accountability system
be provided in January 2007, reflecting outcomes from the 2005-06
fiscal year in context as specified in the enacted legislation.
6870-001-0574--For support of Board of Governors of the California
Community Colleges, Program 20.40.010-Facilities Planning, payable
from the 1998 Higher Education Capital Outlay Bond Fund . . .
1,434,000
6870-001-0909--For support for the Board of Governors of the
California Community Colleges, Program 20.30.020-Instructional
Improvement and Innovation, payable from the Special Grant Cash
Account of the Fund for Instructional Improvement Program . . .
19,000
6870-001-0925--For support of Board of Governors of the California
Community Colleges, Program 20.30.050-Economic Development,
payable from the California Business Resources and Assistance
Innovation Network Fund . . . 15,000
6870-101-0001--For local assistance, Board of Governors of the
California Community Colleges (Proposition 98) . . . 3,153,227,000
Schedule:
(1) 10.10.010-Apportionments . . . 2,462,948,000
(2) 10.10.020-Basic Skills and Apprenticeship . . . 43,453,000
(3) 10.10.030-Growth for Apportionments . . . 136,709,000
(4) 20.10.005-Student Financial Aid Administration . . .
51,600,000
(5) 20.10.020-Disabled Students . . . 91,191,000
(6) 20.10.045-Special Services for CalWORKs Recipients . . .
34,603,000
(7) 20.10.060-Foster Care Education Program . . . 4,754,000
(8) 20.10.070-Matriculation . . . 66,332,000
(9) 20.20.020-Academic Senate for the Community Colleges . . .
467,000
(10) 20.20.041-Equal Employment Opportunity pursuant to Ch. 1169,
Statutes of 2002 . . . 1,747,000
(11) 20.20.050-Part-time Faculty Health Insurance . . . 1,000,000
(12) 20.20.051-Part-time Faculty Compensation . . . 50,828,000
(13) 20.20.055-Part-time Faculty Office Hours . . . 7,172,000
(14) 20.30.011-Telecommunications and Technology Services . . .
24,397,000
(15) 20.30.050-Economic Development . . . 35,790,000
(16) 20.30.070-Transfer Education and Articulation . . . 1,974,000
(17) 20.40.026-Physical Plant and Instructional Support . . .
27,345,000
(18) 20.10.010-Extended Opportunity Programs and Services and
Special Services . . . 104,759,000
(19) 20.30.045-Fund for Student Success . . . 6,158,000
Provisions:
1. The funds appropriated in Schedules (1), (2), (3), (4), (5),
(6), (7),
(8), (10), (11), (12), (13), $22,050,000 in Schedule (14), (15),
(17),
and (18) are for transfer by the Controller during the 2005-06 fiscal
year
to Section B of the State School Fund.
2. The amount appropriated in Schedule (1) reflects the intent of
the
Legislature to defer $200,000,000 for apportionments to the 2006-07
fiscal year, pursuant to separate legislation enacted for the
2005-06 fiscal
year.
3. Notwithstanding any other provision of law or regulation,
apportionment funding for community college districts shall be based
on
the greater of the current year or prior year level of
full-time-equivalent
students (FTES), consistent with K-12 declining enrollment practices
pursuant to Section 42238.5 of the Education Code. Decreases in FTES
shall result in a revenue reduction at the district's average level
of
apportionment funding per FTES and shall be made in the year
following
the initial year of decrease in FTES.
4.7. The amount appropriated in Schedule (1) includes a restored
amount
of $31,409,000 to encourage district-level accountability efforts.
The
Chancellor of the California Community Colleges shall allocate these
funds to community college districts in the same amounts that were
reduced from each district pursuant to budget reductions related to
Partnership for Excellence funds in the 2004-05 fiscal year. The
allocation of these funds shall be contingent on the enactment of
legislation during the 2005-06 Regular Session that establishes a
program
for district-specific reporting and evaluation of educational
outcomes in
response to Chapter 581 of the Statutes of 2004. It is intended that
the
first report for the district-specific accountability system be
provided by
March 31, 2007, reflecting outcomes from the 2005-06 fiscal year in
context as specified in the enacted legislation. In addition, the
chancellor
shall provide preliminary data to the Department of Finance and the
Legislative Analyst's Office by January 31, 2007.
5. Of the funds appropriated in Schedule (1), Apportionments:
(a) Up to $100,000 is for a maintenance allowance, pursuant to
regulations adopted by the board of governors.
(b) Up to $500,000 is to reimburse colleges for the costs of
federal aid
repayments related to assessed fees for fee waiver recipients. This
reimbursement only applies to students who completely withdraw from
college before the census date.
(c) Notwithstanding any other provision of law or regulation, the
Chancellor of the California Community Colleges shall not reduce
district
workload obligations for a lack of a funded cost-of-living
adjustment.
5.5. Of the amount appropriated in Schedule (1), $10,000,000 shall
be
used to provide additional support for nursing program enrollment and
equipment needs.
(a) The Board of Governors of the California Community Colleges
shall
develop a Request for Applications (RFA) to allocate the funds
appropriated in this subdivision to community college districts.
Criteria for
assessing the RFA shall include, but not be limited to, all of the
following:
(1) The degree to which the funds provided would be used to
increase
student enrollments in nursing programs, beyond the level of
full-time
equivalent students (FTES) served in 2004-05.
(2) An agreement by the community college district to have either
adopted, or initiated a validation study and plan to adopt, the model
prerequisites described in the community colleges Registered Nurse
and
Licensed Vocational Nurse model prerequisites validation studies.
(3) The degree to which funds provided would be used to support
infrastructure or equipment needs with the intent of building
capacity and
increasing the number of nursing students served.
(b) On or before March 1, 2006, the Chancellor of the California
Community Colleges shall provide the Legislature and the Department
of
Finance with a report on the allocation of funding. For each district
receiving funding under this item, the report shall indicate (1) the
amount
of funding received, (2) the number of nursing FTES served in
2004-05,
and the additional number of nursing FTES to be served with funding
provided by this item, (3) the status of the district's efforts to
adopt
merit-based admissions criteria, and (4) any equipment or
infrastructure-related items acquired with the funds appropriated in
this
item.
6. Notwithstanding any other provision of law, $30,724,000 of the
funds
appropriated in Schedule (2) is for allocation to community college
districts in the 2005-06 fiscal year for the purposes of funding
full-time-equivalent students (FTES) in courses in basic skills,
including
English-as-a-second-language courses and workforce preparation
courses for newly legalized immigrants, to the extent the total FTES
claimed by a district for the 2005-06 fiscal year exceeds the level
of total
FTES funded for that district in the 2005-06 fiscal year. The
Chancellor
of the California Community Colleges shall develop criteria for
allocating
these funds.
6.25. Of the funds appropriated in Schedule (1), $10,000,000 is to
increase the noncredit instruction rate.
6.5. Of the funds appropriated in Schedule (1), $20,000,000 is for
equalization pursuant to this provision, and shall be allocated
according to
the formula specified in Chapter 216 of the Statutes of 2004. These
funds
shall not be considered to be Program Improvement funds pursuant to
Title 5 regulations.
6.6. It is the intent of the Legislature to provide funding to
community
colleges for career technical education programs through legislation
to be
enacted during the 2005-06 Regular Session which is effective on or
before January 1, 2006, pursuant to Section 24.50.
7. Of the funds appropriated in Schedule (2), the funds not
required for
the 2005-06 fiscal year to meet the demand for the program funded
under that schedule shall be made available on a one-time basis for
general apportionment under Schedule (1) of this item, provided that
no
transfer shall occur prior to May 15, 2006.
8. (a) Of the amount appropriated in Schedule (2), up to
$12,729,000
shall be available as necessary upon certification by the Chancellor
of the
California Community Colleges for the purpose of funding community
college-related and supplemental instruction pursuant to Section 3074
of
the Labor Code as provided in Section 8152 of the Education Code. No
community college district shall use funds available under this
provision to
offer any new apprenticeship training program or the expansion of any
existing program unless the new program or expansion has been
approved by the chancellor.
(b) Notwithstanding Section 8152 of the Education Code, each
60-minute hour of teaching time devoted to each indentured apprentice
enrolled in and attending classes of related and supplemental
instruction
as provided under Section 3074 of the Labor Code shall be reimbursed
at the rate of four dollars and eighty-six cents ($4.86) per hour.
For
purposes of this provision, each hour of teaching time may include up
to
10 minutes for passing time and breaks.
9. Notwithstanding any other provision of law, funds appropriated
in
Schedule (3) of this item shall only be allocated for growth in
full-time-equivalent students (FTES), on a district-by-district
basis, as
determined by the Chancellor of the California Community Colleges.
The
chancellor shall not include any FTES from concurrent enrollment in
physical education, dance, recreation, study skills, and personal
development courses and other courses in conflict with existing law
for
the purpose of calculating a district's three-year overcap
adjustment. The
board of governors shall implement the criteria required by Provision
5(a)
of Item 6870-101-0001 of the Budget Act of 2003 for the allocation of
funds appropriated in Schedules (1) and (3), so as to assure that
courses
related to student needs for transfer, basic skills and
vocational/workforce training are accorded the highest priority and
are
provided to the maximum extent possible within budgeted funds.
10.5. (a) Of the funds appropriated in Schedule (4), not less than
$9,291,000 is available to provide $0.91/unit reimbursement to
community college districts for the provision of Board of Governors
(BOG) fee waiver awards pursuant to paragraph (2) of subdivision (m)
of
Section 76300 of the Education Code.
(b) Of the funds appropriated in Schedule (4), not less than
$5,309,000
is available to provide reimbursement of 2 percent of total waiver
value to
community college districts for the provision of BOG fee waiver
awards
pursuant to paragraph (2) of subdivision (m) of Section 76300 of the
Education Code.
(c) (1) Of the amount appropriated in Schedule (4), $2,800,000
shall be
for a contract with a community college district to conduct a
statewide
media campaign to promote the general message to prospective students
as follows: (1) the California Community Colleges remain affordable;
(2)
financial aid and tax credits are available to cover enrollment fees
and
help with books and other costs; and (3) the active encouragement of
contact between pupils and local CCC financial aid offices. Any funds
used from this source to produce radio, television, or mail campaigns
must emphasize the availability of financial aid, the easiest and
most
reliable method of accessing the aid, a contact telephone number, an
Internet address, where applicable, and the physical location of a
financial
aid office. Any mail campaign must give priority to existing pupils,
recent
high school graduates, and 12th graders. The outreach and information
campaign should target its efforts in high schools, welfare offices,
unemployment offices, churches, community centers, and any other
location that will most effectively reach low-income and
disadvantaged
students who must overcome barriers in accessing postsecondary
education. The community college district awarded the contract shall
consult with the Chancellor of the California Community Colleges and
the
Student Aid Commission prior to performing any activities to ensure
appropriate coordination with any other state efforts in this area
and
ensure compliance with this provision.
(2) Of the amount appropriated in Schedule (4), not more than
$34,200,000 shall be for direct contact with potential and current
financial aid applicants. Each CCC campus shall receive a minimum
allocation of $50,000. The remainder of the funding shall be
allocated to
campuses based upon a formula reflecting full-time-equivalent
students
(FTES) weighted by a measure of low-income populations as
demonstrated by BOG fee waiver program participation within a
district.
It is the intent of the Legislature, to the extent that funds are
provided in
this section, that all campuses provide additional staff resources to
increase both financial aid participation and student access to
low-income
and disadvantaged students who must overcome barriers in accessing
postsecondary education. Funds may be used for screening current
students for possible financial aid eligibility and offering these
students
personal assistance in accessing financial aid, providing individual
help in
multiple languages for families and students in filling out the
necessary
paperwork to apply for financial aid, and increasing financial aid
staff to
process additional financial aid forms.
(3) Funds allocated to a community college district for financial
aid
personnel, outreach determination of financial need, and delivery of
student financial aid services shall supplement, and shall not
supplant, the
level of funds allocated for the administration of student financial
aid
programs during the 2001-02 fiscal year.
(4) It is the intent of the Legislature that the Chancellor's
Office of the
California Community Colleges provide the Legislature with a report
by
no later than April 1, 2006, on the use of the funds allocated
pursuant to
Provision 10(b), including the distribution of the funds, specific
uses of the
funds, strategies employed to reach low-income and disadvantaged
students potentially eligible for financial aid, and the extent to
which
districts were successful in increasing the number of students
accessing
financial aid, particularly the maximum Pell Grant award.
(5) It is the intent of the Legislature that the Chancellor of the
California
Community Colleges report by September 1, 2005, pursuant to Provision
10(b)(5) of Item 6870-101-0001 of the Budget Act of 2004, on the
impact of fee increases and outreach efforts on student headcount and
FTES enrollment for the 2003 and 2004 academic years.
11. Of the funds appropriated in Schedule (18), $91,287,000 is for
Extended Opportunity Programs and Services (EOPS) in accordance
with Article 8 (commencing with Section 69640) of Chapter 2 of Part
42
of the Education Code. Funds provided in this item for EOPS shall be
available to students on all campuses within the California Community
College system, including those students on new campuses or in new
districts. $13,495,000 is for funding, at all colleges, the
Cooperative
Agencies Resources for Education (CARE) program in accordance with
Article 4 (commencing with Section 79150) of Chapter 9 of Part 48 of
the Education Code. The Board of Governors of the California
Community Colleges shall allocate funds on a priority basis and to
local
programs on the basis of need for student services.
12. Of the funds appropriated in Schedule (19), $6,158,000 is for
additional targeted student services, to be expended as follows:
(1) $1,921,000 is for the Puente Project to support up to 75
colleges.
These funds are available if matched by $200,000 of private funds and
the participating community colleges and University of California
campuses maintain their 1995-96 support level for the Puente Project.
All
funding shall be allocated directly to participating districts in
accordance
with their participation agreement.
(2) Up to $2,459,000 is for the Mathematics, Engineering and
Science
Achievement (MESA) Program. For each dollar allocated, the recipient
district shall provide one dollar in matching funds.
(3) No less than $1,778,000 is for the Middle College High School
Program. With the exception of fully compliant special part-time
students
at the community colleges pursuant to Sections 48802 and 76001 of the
Education Code, student workload based on participation in the Middle
College High School Program shall not be eligible for community
college
state apportionment. Further, no community college state
apportionment
shall be made available for physical education classes, noncredit
classes,
nor other courses specified in Provision 9.
13. (a) The funds appropriated in Schedule (5) are for assisting
districts in
funding the excess direct instructional cost of providing special
support
services or instruction, or both, to disabled students enrolled at
community colleges, and for state hospital programs, as mandated by
federal law.
(b) Of the amount appropriated in Schedule (5), $3,945,000 shall
be
used to address deficiencies identified by the federal Office of
Civil Rights
(OCR), as determined by the Chancellor's Office of the California
Community Colleges.
(c) Of the amount appropriated in Schedule (5) at least $943,000
shall
be used for support of the High Tech Centers for activities
including, but
not limited to, training of district employees, staff, and students
in the use
of specialized computer equipment for the disabled. All High Tech
Centers shall meet standards developed by the chancellor's of-fice.
Colleges that receive these augmentations shall not supplant existing
resources provided to the centers.
(d) Notwithstanding any other provision of law, of the funds
appropriated
in Schedule (5) of this item, $1,702,000 shall be for state hospital
adult
education programs at the hospitals served by the Coast, Kern, and
West
Valley Community College Districts since the 1986-87 fiscal year. If
adult
education services at any of the three hospitals are not supported by
the
community colleges in the 2005-06 fiscal year, the associated funds
shall,
upon order of the Department of Finance, after 30 days' notice to the
Chairperson of the Joint Legislative Budget Committee, be transferred
to
the State Department of Developmental Services (DDS). For any
transfer
of funds to DDS during the 2005-06 fiscal year, the Proposition 98
base
funding levels for community colleges and DDS shall be adjusted
accordingly.
14. The funds appropriated in Schedule (6), Special Services for
CalWORKs recipients, are for the purpose of assisting welfare
recipient
students and those in transition off of welfare to achieve long-term
self-sufficiency through coordinated student services offered at
community colleges, including: workstudy, other educational related
work
experience, job placement services, child care services, and
coordination
with county welfare offices to determine eligibility and availability
of
services. All services funded in Schedule (6) shall be for current
CalWORKs recipients or prior CalWORKs recipients who are in
transition off of cash assistance for no more than two years. Current
cash
assistance recipients may utilize these services until their initial
educational
objectives are met. Former recipients in transition off of cash
assistance
may utilize these services for a period of up to two years after
leaving
cash assistance subject to the conditions of this provision. These
funds
shall be used to supplement and not supplant existing funds and
services
provided for CalWORKs recipients attending community colleges. The
Chancellor of the California Community Colleges shall develop an
equitable method for allocating funds to all districts and colleges
based on
the relative numbers of CalWORKs recipients in attendance and shall
allocate funds for the following purposes:
(a) Job placement.
(b) Coordination with county welfare offices and other local
agencies,
including local workforce investment boards.
(c) Curriculum development and redesign.
(d) Child care and workstudy.
(e) Instruction.
(f) Postemployment skills training and related skills.
Of the amount appropriated in Schedule (6) of this item,
$15,000,000
shall be for child care and shall not require a district match. For
the
remaining funds, districts shall, as a condition of receipt of these
funds,
provide a $1 match for every $1 provided by the state.
Funds utilized for subsidized child care shall be for children
of
CalWORKs recipients through campus-based centers or parental choice
vouchers at rates and with rules consistent with those applied to
related
programs operated by the State Department of Education in the 2005-06
fiscal year, including eligibility, reimbursement rates, and parental
contribution schedules. Subsidized campus child care for CalWORKs
recipients may be provided during the period they are engaged in
qualifying state and federal work activities through attainment of
their
initial education and training plan and for up to three months
thereafter or
until the end of the academic year, whichever period of time is
greater.
Funds utilized for workstudy shall be used solely for payments
to
employers that currently participate in campus-based workstudy
programs or are providing work experiences that are directly related
to
and in furtherance of student educational programs, provided that
those
payments may not exceed 75 percent of the wage for the workstudy
positions, and the employers shall pay at least 25 percent of the
wage for
the workstudy position. These funds may be expended only if the total
hours of education, employment, and workstudy for the student are
sufficient to meet both state and federal minimum requirements for
qualifying work-related activities.
Funds may be used to provide credit or noncredit classes for
CalWORKs students if a district has committed all of its funded
full-time-equivalent students (FTES) and is unable to offer the
additional
instructional services to meet the demand for CalWORKs students. This
determination shall be based on fall enrollment informa-tion.
Districts shall
submit applications to the chancellor's office by October 15 of each
year.
If the chancellor approves the use of funds for direct instructional
workload, the chancellor's office shall submit a report to the
Department
of Finance and the Joint Legislative Budget Committee by November 15,
2005, that (1) identifies the enrollment of new CalWORKs students,
(2)
states whether and why additional classes were needed to accommodate
the needs of CalWORKs students, and (3) sets forth an expenditure
plan
for the balance of funds.
As a condition of receipt of the funds appropriated in Schedule
(6), by
the fourth week following the end of the semester or quarter term
commencing in January 2006, each participating community college
shall
submit to the chancellor's office a report, in the format specified
by the
chancellor in consultation with the State Department of Social
Services,
that includes, but is not limited to, the funded components, the
number of
hours of child care provided, the average monthly enrollment of
CalWORKs dependents served in child care, the number of workstudy
hours provided, the hourly salaries and type of jobs, the number of
students being case managed, the short-term programs available, the
student participation rates, and other outcome data. It is intended
that, to
the extent practical, reporting from colleges utilize data gathered
for
federal reporting requirements at the state and local level. Further,
it is
intended that the chancellor's office compile the information for
annual
reports to the Legislature, the Governor, the Legislative Analyst,
and the
Departments of Finance and Social Services by November 15 of each
year.
First priority for expenditures of any funds appropriated in
Schedule (6)
shall be in support of current CalWORKs recipients. However, if
caseloads are insufficient to fully utilize all of the funding in
this schedule in
a cost beneficial way, it is intended that up to $5,000,000 of the
funds
subject to local matching requirements may be allocated for providing
postemployment services to former CalWORKs recipients who have
been off of cash assistance for no longer than two years to assist
them in
upgrading skills, job retention, and advancement. Allowable services
include direct instruction that cannot be funded under available
growth
funding, child care to support attendance in these classes consistent
with
this provision, job development and placement services, and career
counseling and assessment activities which cannot be funded through
other programs. Child care services may only be provided for periods
commensurate with a student's need for postemployment training within
the two-year transitional period.
Prior to allocation of funds for postemployment services, the
chancellor
shall first secure the approval of the Department of Finance for the
allocations, complete a cumulative report on the outcomes,
activities, and
cost-effectiveness of the program no later than November 15, 2005, in
compliance with the Budget Acts of 1998 (Ch. 324, Stats. 1998) and
1999 (Ch. 50, Stats. 1999) and this act, and shall provide the
rationale
and justification for the proposed allocation of postemployment
services
to districts for transitional students.
If a district is unable to fully expend its share of child care
funds, it may
request that the chancellor's office approve a reallocation to other
CalWORKs purposes authorized by this provision, subject to all
pertinent limitations and district match required for these purposes
under
this provision.
15. Funds appropriated in Schedule (6) of this item have been
budgeted
to meet the state's Temporary Assistance for Needy Families
maintenance-of-effort requirement pursuant to the federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L.
104-193) and may not be expended in any way that would cause their
disqualification as a federally allowable maintenance-of-effort
expenditure.
16.5. (a) Funds provided in Schedule (7) shall be allocated to
provide
foster and relative/kinship care education and training. Districts
shall
ensure that education and training required by Sections 1529.1 and
1529.2 of the Health and Safety Code and Section 16003 of the Welfare
and Institutions Code receive priority. Districts may use any
remaining
funds for additional parenting skills and training.
(b) Funds provided in Schedule (7) shall be used for foster parent
and
relative/kinship care provider education training services consistent
with
the following criteria:
(1) The Chancellor of the California Community Colleges shall use
these
funds exclusively for foster parent and relative/kinship care
provider
education and training, as specified by the chancellor in
consultation with
an advisory committee that includes foster parents, representatives
of
statewide foster parent organizations, parent and relative/kinship
care
providers, and representatives from the State Department of Social
Services.
(2) Acceptance of funds under this program shall constitute
agreement by
the district to comply with such reporting requirements, guidelines,
and
other conditions for receipt of funding as the chancellor may
establish.
(3) Each college plan for foster and relative/kinship care
education
programs shall include the provision of training to facilitate the
development of foster family homes, small family homes, and
relative/kinship homes to care for no more than six children who have
special mental, emotional, developmental, or physical needs.
(4) The California Department of Social Services shall facilitate
the
participation of county welfare departments in the foster and
relative/kinship care education program.
17. (a) Funds appropriated in Schedule (8) are for the purpose of
student
matriculation pursuant to Article 1 (commencing with Section 78210)
of
Chapter 2 of Part 48 of the Education Code.
(b) Of the amount appropriated in Schedule (8), an amount equal to
$14,842,670 shall be allocated to community college districts on a
one-to-one matching funds basis to provide matriculation services,
including, but not limited to, orientation, assessment, and
counseling, for
students enrolled in designated noncredit classes and programs who
may
benefit most, as determined by the Chancellor of the California
Community Colleges pursuant to Sections 78216 to 78218, inclusive, of
the Education Code.
17.5. The funds in Schedule (12) shall be allocated solely to
increase
compensation for part-time faculty from the amounts previously
authorized. Funds shall be distributed to districts based on the
total actual
full-time equivalent students served in the previous fiscal year and
include
a small district factor as determined by the Chancellor of the
California
Community Colleges. These funds are to be used to assist districts in
making part-time faculty salaries more comparable to full-time
salaries for
similar work, as determined through each district's local collective
bargaining process. These funds shall not supplant the amount of
resources each district used to compensate part-time faculty or be
used
to exceed parity of each part-time faculty employed by each district
with
regular full-time faculty at the same district, as certified by the
chancellor.
If a district achieves parity, its allocation may be used for any
other
educational purpose.
18. (a) $9,550,000 of the funds provided in Schedule (14) of this
item
shall be for the purpose of supporting technical and application
innovations and for coordination of activities that serve to maximize
the
utility of the technology investments of the community college system
towards improving learning outcomes. Allocations shall be made by the
Chancellor of the California Community Colleges, based on criteria
and
guidelines as developed by the chancellor, on a competitive basis
through
the RFA/RFP application process as follows:
(1) $2,000,000, or as much as necessary, shall be available for a
statewide digital uplink for the purpose of delivering statewide
satellite
services to system colleges and districts related to instruction,
student
support, and administration.
(2) $2,300,000 is for the development and implementation of a
systemwide audio bridging and telephony capability of the 4C Net
backbone to facilitate collaboration of faculty, students, and staff
in
instruction, student services, and shared governance activities.
(3) Any remaining funds shall be available for centers to provide
regional
coordination for technical assistance and planning, cooperative
purchase
agreements, and faculty and staff development. All other provisions
as
specified in Provision 17(b)(3) of Item 6870-101-0001 of Section 2.00
of the Budget Act of 1996 (Ch. 162, Stats. 1996) shall apply.
(b) $12,500,000 of the funds provided in Schedule (14) shall be
available
for allocations to districts. It is the intent of the Legislature
that these funds
be used by colleges to maintain the technology capabilities specified
in
Provision 21(a) of Item 6870-101-0001 of the Budget Act of 2003 (Ch.
157, Stats. 2003). These funds shall not supplant existing funds used
for
those purposes, and colleges shall match maintenance and ongoing
costs
with other funds as provided by Provision 21(a) of Item 6870-101-0001
of the Budget Act of 2003 (Ch. 157, Stats. 2003).
(c) Of the funds provided in Schedule (14), $1,347,000 shall be
available
for grants to districts to fund California Virtual University
distance
education centers, for instructing faculty in teaching courses
online, and
other expenses for conversion of courses for distance education. The
funds appropriated in this item shall not supplant existing funds and
shall
be subject to established fiscal controls, annual reporting and
accountability requirements specified by the chancellor. The
chancellor
shall develop criteria for the allocation of these funds. As a
condition of
receipt of the funds, colleges are required to submit to the
chancellor's
office reports in a format specified by the chancellor sufficient to
document the value and productivity of this program, including, but
not
limited to, numbers and nature of courses converted, and the amount
of
distance education instructional workload services provided as a
result of
these courses. It is intended that the chancellor's office further
develop the
reporting criteria for participating colleges and submit that for
review
along with an annual progress report on program implementation to the
Legislative Analyst, Office of the Secretary for Education, and the
Department of Finance no later than November 1, 2005, for review and
comment.
(d) Of the funds provided in Schedule (14), $1,000,000 is for
ongoing
support and expansion of the California Partnership for Achieving
Student
Success Program (Cal-PASS).
19. Of the funds provided in Schedule (15) for the Economic and
Workforce Development Program:
(a) $19,829,170 is allocated for grants for regional business
resources
assistance and innovation network centers. Each grant awarded to a
district for Centers for International Development shall contain
sufficient
funds, as determined by the Chancellor of the California Community
Colleges, for the continued operation of Mexican International Trade
Centers.
(b) $5,862,138 is allocated for industry-driven regional education
and
training collaboratives. These grants shall be made on a competitive
basis
and the award amounts shall not be restricted to any predetermined
limit,
but rather shall be funded on their individual merits.
(c) $2,705,000 is allocated for statewide network leadership,
organizational development, coordination, information and support
services, or other program purposes.
(d) $3,393,692 is available for Job Development Incentive Training
programs focused on job creation for public assistance recipients.
Any
annual savings from this subdivision shall only be available for
expenditure
for one-time activities listed under subdivision (j) of Section 88531
of the
Education Code.
(e) The following provisions apply to the expenditure of funds
within
subdivisions (a) and (b) above: Funds allocated for centers and
regional
collaboratives shall seek to maximize the use of state funds for
subdivisions (g) to (j), inclusive, of Section 88531 of the Education
Code.
Funds allocated to districts for purposes of subdivisions (g) and (i)
of
Section 88531 of the Education Code for performance-based training
and student internships shall be matched by a minimum of $1 of
private
business and industry funding for each $1 of state funds. Funds
allocated
for purposes of subdivision (h) of Section 88531 of the Education
Code
for credit and noncredit instruction may be transferred to Schedule
(1) or
(3) to facilitate distribution at the chancellor's discretion. Any
funds that
become available from network centers due to savings, discontinuance,
or reduction of amounts shall first be made available for additional
allocations in subdivision (b) above to increase the level of
subsidized
training otherwise available.
(f) $4,000,000 is allocated to community college districts on a
one-time
basis for equipment start-up matching costs associated with nursing
program expansion funded through reimbursements from WIA. The
chancellor shall initiate a competitive Request for Funding Proposals
process for the allocation of these funds to local districts.
(g) Funds allocated by the Board of Governors of the California
Community Colleges under this provision may not be used by community
college districts to supplant existing courses or contract education
offerings. The chancellor shall ensure that funds are spent only for
expanded services and shall implement accountability reporting for
districts receiving these funds to ensure that training, credit, and
noncredit
programs remain relevant to business needs. Programs that do not
demonstrate continued relevance and support by business shall not be
eligible for continued funding. The board of governors shall consider
the
level of involvement and financial commitments of business and
industry
as primary factors in making awards. The chancellor shall incorporate
grant requirements into its guidelines for audits of Economic
Development
grants.
(h) A primary objective of the Economic Development program is to
maximize instruction, to prepare students for entry-level jobs, to
increase
skills of the current workforce, and to stimulate the growth of
businesses
through training so that more jobs are created. As part of the annual
report on the performance of the Economic Development program, the
chancellor shall provide disaggregated data detailing the funding
provided
to each economic development regional center and each industry-driven
regional education and training collaborative, and to the extent
practicable, the total number of hours of contract education
services,
performance-based training, credit and noncredit instruction, and job
placements created as a result of each center and collaborative.
20. (a) Of the funds appropriated in Schedule (16), $589,000 is
for
Project Assist, $835,000 is for the California Articulation Number
(CAN) system, $550,000 is for faculty articulation workshops through
fiscal year 2005-06.
(b) Funding provided to community college districts from Schedule
(16)
is provided to directly offset any mandated costs claimed by
community
college districts pursuant to Chapter 737 of the Statutes of 2004.
(c) The Chancellor of the California Community Colleges may
redirect
funding between the program referenced in subdivision (a) not sooner
than 30 days from the date of notification to the Joint Legislative
Budget
Committee of approval by the Department of Finance.
21. The funds appropriated in Schedule (17) are available for the
following purposes:
(a) Scheduled maintenance and special repairs of facilities,
replacement of
instructional equipment, and replacement of library materials. The
Chancellor of the California Community Colleges shall allocate funds
to
districts on the basis of actual reported full-time-equivalent
students
(FTES), and may establish a minimum allocation per district. As a
condition of receiving and expending these funds for maintenance or
special repairs, a district shall certify that it will increase its
operations and
maintenance spending from the 1995-96 fiscal year by the amount it
allocates from this appropriation for maintenance and special
repairs, plus
an equal amount to be provided from district discretionary funds. The
chancellor may waive all or a portion of the matching requirement
based
upon a review of a district's financial condition. The question of
whether a
district has complied with its resolution shall be reviewed under the
annual
audit of that district. For every $1 a district expends from this
appropriation for scheduled maintenance and special repairs, the
recipient
district shall provide $1 in matching funds. For every $3 a district
expends from this appropriation for replacement of instructional
equipment or library materials, the recipient district shall provide
$1 in
matching funds. The funds provided for instructional equipment and
library materials shall not be used for personal services costs or
operating
expenses.
(b) Hazardous substances, abatement, cleanup, and repairs.
(c) Architectural barrier removal projects that meet the
requirements of
the federal Americans with Disabilities Act of 1990 and seismic
retrofit
projects limited to $400,000. Districts that receive funds for
architectural
barrier removal projects shall provide a $1 match for every $1
provided
by the state. The amounts in Schedule (17) of this item shall be
available
for expenditure until June 30, 2007.
22. Pursuant to Sections 69648.5, 78216, and 84850, and
subdivision
(b) of Section 87108, of the Education Code, the Board of Governors
of
the California Community Colleges may allocate funds appropriated in
Schedules (5), (8), (10), and (18) by grant or contract, or through
the
apportionment process, to one or more districts for the purpose of
providing program evaluation, accountability, monitoring, or program
development services, as appropriate under the applicable statute.
6870-101-0909--For local assistance, Board of Governors of the
California Community Colleges, payable from the Community College
Fund for Instructional Improvement . . . 302,000
Schedule:
(2) 20.30.022-Instructional Improvement Loans . . . 302,000
6870-101-0925--For local assistance, Board of Governors of the
California Community Colleges, Program 20.30.050-Economic
Development, payable from California Business Resources and
Assistance Innovation Network Fund . . . 15,000
6870-102-0959--For transfer by the Controller, upon order of the
Director of Finance, from the Foster Parent Training Fund to the
General
Fund . . . (3,000,000)
6870-103-0001--For local assistance, Board of Governors of the
California Community Colleges (Proposition 98), to allow selected
community colleges to make required lease-purchase payments . . .
60,043,000
Schedule:
(1) Rental and administration . . . 60,554,000
(2) Reimbursements . . . -511,000
Provisions:
1. The funds appropriated in this item are for transfer by the
Controller
to Section B of the State School Fund.
2. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise needed
to
ensure debt requirements are met.
3. This item may contain adjustments pursuant to Section 4.30 that
are
not currently reflected. Any adjustments to this item shall be
reported to
the Joint Legislative Budget Committee pursuant to Section 4.30.
6870-111-0001--For local assistance, Board of Governors of the
California Community Colleges . . . 0
Schedule:
(1) 10.20-CalWORKs Services . . . 8,000,000
(2) 20.10.060-Foster Parent Training . . . 6,112,000
(3) 20.30.030-Vocational Education . . . 61,262,000
(3.5) 20.40.010-Facilities Planning . . . 123,000
(4) Reimbursements . . . -75,497,000
Provisions:
1. The amounts appropriated in Schedules (1) and (3) of this item
are for
transfer by the Controller to Section B of the State School Fund.
2. The funds appropriated in Schedule (1) of this item are to fund
additional fixed, variable, and one-time costs for providing support
services and instruction for CalWORKs students which include, but are
not limited to: job placement and coordination; curriculum
development
and redesign; child care and workstudy; and instruction. As a
condition of
receiving funding, colleges are required to submit a plan to the
chancellor's office on how the funds will be utilized, which shall be
based
on collaboration with county welfare offices regarding the services
and
instruction that are needed for CalWORKs recipients.
3. Of the funds appropriated in Schedule (3), $4,521,000 is
one-time
carryover available for the support of additional vocational
education
instructional activities. These funds shall be used during the
2005-06
academic year to support additional alignment and articulation of
K-12
tech prep programs with local community college economic development
programs in an effort to incorporate greater participation of K-12
pupils
in sequenced, industry-driven coursework that leads to meaningful
employment in today's high-tech, high-demand, and emerging technology
areas of industry employment.
4. The funds appropriated in Schedule (3.5) reflect an interagency
agreement between the Chancellor of the California Community Colleges
and the State Energy Resources Conservation and Development
Commission for the purpose of developing an Interval Meter Pilot
Program on selected community college campuses.
6870-295-0001--For local assistance, Board of Governors of the
California Community Colleges (Proposition 98), for reimbursement, in
accordance with provisions of Section 6 of Article XIII B of the
California Constitution or Section 17561 of the Government Code, of
the
costs of any new program or increased level of service of an existing
program mandated by statute or executive order, for disbursement by
the
Controller . . . 4,000
Schedule:
(1) 98.01.000.184-Health Fees (Ch. 1, Stats. 1984, 2nd Ex. Sess.)
(CSM- 4206) . . . 1,000
(2) 98.01.090.896-Sex Offenders: Disclosure Requirements (Ch. 908,
Stats. 1996) (CSM-97-TC-15) . . . 2,000
(3) 98.01.028.498-Law Enforcement Jurisdiction Agreements (Ch.
284,
Stats. 1998) (CSM-98-TC-20) . . . 1,000
Provisions:
1. Allocation of funds appropriated in this item to the
appropriate local
entities shall be made by the Controller in accordance with the
provisions
of each statute of executive order that mandates the reimbursement of
the
costs, and shall be audited to verify the actual amount of the
mandated
costs in accordance with subdivision (d) of Section 17561 of the
Government Code. Audit adjustments to prior year claims may be paid
from this item. Funds appropriated by this item may be used to
provide
reimbursement pursuant to Article 5 (commencing with Section 17615)
of
Chapter 4 of Part 7 of Division 4 of Title 2 of the Government Code.
2. If any of the scheduled amounts are insufficient to provide
full
reimbursement of costs, the Controller may, upon notifying the
Director
of Finance in writing, augment those deficient amounts from the
unencumbered balance of any other scheduled amounts therein. No order
may be issued pursuant to this provision unless written notification
of the
necessity therefore is provided to the chairperson of the committee
in
each house, which considers appropriations, and the Chairperson of
the
Joint Legislative Budget Committee or his or her designee.
6870-301-6028--For capital outlay, Board of Governors of the
California Community Colleges, to be allocated by the board of
governors to community college districts for expenditure as set forth
in the
schedule below, payable from the 2002 Higher Education Capital Outlay
Bond Fund . . . 5,772,000
Schedule:
Los Angeles Community College District
Los Angeles Trade Technical College
(1) 40.26.704-Building F Structural Repair--Preliminary plans,
working
drawings, and construction . . . 2,374,000
Santa Barbara Community College District
Santa Barbara City College
(2) 40.53.121-Physical Science Renovation--Construction . . .
3,398,000
6870-301-6041--For capital outlay, Board of Governors of the
California Community Colleges, to be allocated by the board of
governors to community college districts for expenditure as set forth
in the
schedule below, payable from the 2004 Higher Education Capital Outlay
Bond Fund . . . 234,334,000
Schedule:
Barstow Community College District
Barstow College
(1) 40.04.103-Student Services Modernization--Preliminary plans,
working drawings, and construction . . . 1,520,000
Butte-Glenn Community College District
Butte College
(2) 40.05.107-Library Renovation and Expansion--Preliminary plans,
working drawings, construction, and equipment . . . 8,402,000
Citrus Community College District
Citrus College
(4) 40.09.123-Vocational Technology Building--Preliminary plans
and
working drawings . . . 866,000
Desert Community College District
College of the Desert
(5) 40.10.113-Water and Sewer Infrastructure
Replacement--Preliminary plans and working drawings . . . 232,000
Contra Costa Community College District
Los Medanos College
(6) 40.13.315-Core Building Remodel--Preliminary plans and working
drawings . . . 182,000
El Camino Community College District
El Camino College
(7) 40.14.110-Learning Resource Center Addition--Construction and
equipment . . . 8,151,000
Foothill-DeAnza Community College District
DeAnza College
(8) 40.15.106-Performing Arts Center--Preliminary plans, working
drawings, construction, and equipment . . . 4,428,000
Hartnell Community College District
Hartnell East Campus
(9) 40.20.102-Center for Assessment and Lifelong
Learning--Construction and equipment . . . 10,303,000
Kern Community College District
Porterville College
(10) 40.22.306-Science Modernization--Preliminary plans, working
drawings, and construction . . . 2,605,000
Long Beach Community College District
Long Beach City College Pacific Coast Campus
(11) 40.25.119-Library/Learning Resource Center--Construction and
equipment . . . 5,757,000
Long Beach City College Liberal Arts Campus
(12) 40.25.201-Library/Learning Resource Center
Renovation/Addition--Construction and equipment . . . 13,715,000
Los Angeles Community College District
Los Angeles City College
(13) 40.26.205-Learning Resource Center (Health and
Safety)--Equipment . . . 1,298,000
Los Angeles Harbor College
(14) 40.26.303-Adaptive Physical Education and Physical Education
Building Renovation--Construction and equipment . . . 6,280,000
(15) 40.26.304-Child Development Center--Preliminary plans,
working
drawings, construction, and equipment . . . 3,296,000
Los Angeles Mission College
(16) 40.26.412-Health and Physical Education Building--Preliminary
plans, working drawings, construction, and equipment . . . 13,259,000
Los Angeles Pierce College
(17) 40.26.509-Physical Sciences Renovation--Preliminary plans,
working drawings, construction, and equipment . . . 3,785,000
Los Rios Community College District
Cosumnes River College
(18) 40.27.211-Police, Print and Office Building
Modernization--Preliminary plans, working drawings and construction .
.
. 1,991,000
Sacramento City College
(19) 40.27.311-North Gym Building Modernization--Preliminary
plans,
working drawings, and construction . . . 3,004,000
Folsom Lake College
(20) 40.27.504-Fine Arts Instructional Building--Preliminary
plans,
working drawings, and construction . . . 11,434,000
Merced Community College District
Merced College
(21) 40.30.118-Lesher Building Remodel--Preliminary plans, working
drawings, construction, and equipment . . . 2,627,000
Mira Costa Community College District
Mira Costa College
(22) 40.31.109-Horticulture Project--Construction and equipment .
. .
5,838,000
Monterey Peninsula Community College District
Monterey Peninsula College
(23) 40.32.103-Child Development Center--Construction and
equipment
. . . 4,117,000
(24) 40.32.105-Library Building
Renovation/Conversion--Preliminary
plans, working drawings, construction, and equipment . . . 2,715,000
Mt. San Jacinto Community College District
Menifee Valley Center
(25) 40.34.212-Technology Building--Construction and equipment . .
.
10,775,000
Palo Verde Community College District
Palo Verde College
(26) 40.37.104-Fine and Performing Arts--Preliminary plans and
working drawings . . . 1,071,000
Rancho Santiago Community College District
Santiago Canyon College
(27) 40.41.118-Learning Resource Center--Equipment . . . 709,000
(28) 40.41.201-Science Building--Equipment . . . 867,000
Rio Hondo Community College District
Rio Hondo College
(29) 40.43.106-Applied Technology Building
Reconstruction--Preiminary plans and working drawings . . . 828,000
(30) 40.43.108-Learning Resource/High Technology
Center--Construction and equipment . . . 28,211,000
San Francisco Community College District
Phelan Campus
(31) 40.48.107-Joint Use Instructional Facility--Working drawings
. . .
1,036,000
John Adams Center
(32) 40.48.201-John Adams Modernization--Construction . . .
23,176,000
San Luis Obispo County Community College
District
Cuesta College
(33) 40.51.113-Reconstruct and Add Laboratories--Construction and
equipment . . . 6,812,000
North County Center
(34) 40.51.202-Technology and Trades Complex--Construction and
equipment . . . 7,816,000
San Mateo County Community College District
Ca|fnada College
(35) 40.52.103-Library/Learning Resource Center/Student Services
Center--Equipment . . . 3,360,000
College of San Mateo
(36) 40.52.207-Student Services Consolidation--Equipment . . .
263,000
Skyline College
(37) 40.52.310-Allied Health Vocational Training
Center--Preliminary
plans and working drawings . . . 276,000
(39) 40.53.123-Drama/Music Building Modernization--Preliminary
plans
and working drawings . . . 786,000
Santa Clarita Community College District
College of the Canyons
(40) 40.54.114-Physical Education Addition--Preliminary plans,
working
drawings, construction, and equipment . . . 2,954,000
Sierra Joint Community College District
Sierra College
(41) 40.58.107-Construct New Classroom/Labs--Equipment . . .
2,564,000
Sonoma County Community College District
Santa Rosa Jr. College
(42) 40.61.403-Plover Library Conversion--Construction . . .
3,050,000
State Center Community College District
Fresno City College
(43) 40.64.108-Student Services Building Remodel--Construction . .
.
3,514,000
Willow International Center
(44) 40.64.500-Academic Facilities and Site Development Phase
1--Equipment . . . 3,920,000
Ventura County Community College District
Oxnard College
(45) 40.65.206-Warehouse Replacement--Construction and equipment .
. . 1,822,000
Ventura College
(46) 40.65.305-Buildings APP, S, and DP Modernization--Preliminary
plans, working drawings, construction, and equipment . . . 4,075,000
(47) 40.65.306-Communication Building Modernization--Construction
and equipment . . . 1,375,000
Victor Valley Community College District
Victor Valley College
(48) 40.66.116-Seismic Retrofit Auxiliary Gym--Construction and
equipment . . . 3,326,000
West Kern Community College District
Taft College
(49) 40.68.103-Science Modernization--Preliminary plans, working
drawings, construction, and equipment . . . 2,741,000
Yuba Community College District
Yuba College
(50) 40.71.108-Liberal Arts Modernization--Preliminary plans,
working
drawings, and construction . . . 3,202,000
Provisions:
1. The projects identified in Schedules (1), (2), (8), (10),
(15), (16),
(17), (18), (19), (20), (21), (24), (40), (46), (49), and (50) are
subject
to the following:
(a) Notwithstanding Section 13332.11 of the Government Code, the
community college districts shall complete each project identified
within
the total funding amount specified in the schedule for that project.
This
condition does not limit the authority of the districts to use
nonstate funds
to fund or augment these projects with State Public Works Board
approval.
(b) The community college districts shall complete each project
identified
without any change to its scope. The scope of a project means, in
this
respect, the intended purpose of the project as determined by
reference
to the following elements of the budget request for that project
submitted
by the Board of Governors of the California Community Colleges to the
Department of Finance: (1) the program elements related to project
type
and (2) the functional description of spaces required to deliver the
academic and supporting programs as approved by the Legislature.
(c) Notwithstanding any other provision of law, the appropriation
made in
this item is available for encumbrance or expenditure during the
2005-06
and 2006-07 fiscal years, except that the funds appropriated for
equipment purposes are available for encumbrance or expenditure until
June 30, 2008. For the purposes of encumbrance, funds appropriated
for
construction management and project contingencies purposes, as well
as
any bid savings, shall be deemed to be encumbered at the time a
contract
is awarded; these funds also may be used to initiate consulting
contracts
necessary for management of the project during the liquidation
period.
6870-486--Reappropriation (Proposition 98), Board of Governors of
the
California Community Colleges. The sum of $33,000,000 is
reappropriated from the Proposition 98 Reversion Account, for the
purpose of backfilling a projected shortfall in 2004-05 local
property tax
revenues for community colleges. To the extent that the funding
provided
for this purpose exceeds the amount necessary to compensate community
colleges for the shortfall in local property tax revenues, the
remaining
funding shall be reappropriated to community colleges to further
support
equalizing community college apportionment rates.
6870-490--Reappropriation, Board of Governors of the California
Community Colleges. The balances of the appropriations provided in
the
following citations are reappropriated for the purposes and subject
to the
limitations, unless otherwise specified, in those appropriations:
6028--Higher Education Capital Outlay Bond Fund of 2002
(1) Item 6870-301-6028, Budget Act of 2002 (Ch. 379, Stats. 2002)
Chaffey Community College District
Chaffey College
(7) 40.08.109-Science Building--Construction
(2) Item 6870-301-6028, Budget Act of 2003 (Ch. 157, Stats. 2003),
as reappropriated by Item 6870-490, Budget Act of 2004 (Ch. 208,
Stats. 2004)
Chaffey Community College District
Chaffey College
(7) 40.08.109-Science Building--Equipment
Compton Community College District
Compton College
(10) 40.12.111-Performing Arts and Recreation Complex--Working
drawings
Los Angeles Community College District
East Los Angeles College
(32) 40.26.107-Fine and Performing Arts Center--Construction and
equipment
Los Angeles Mission College
(34) 40.26.408-Child Development Center--Construction and
equipment
Los Angeles Trade Technical College
(36) 40.26.702-Child Development Center--Construction and
equipment
Rancho Santiago Community College District
Santiago Canyon College
(55) 40.41.201-Science Building--Working drawings
San Francisco Community College District
Mission Center
(61) 40.48.106-Mission Center Building--Construction and equipment
Santa Barbara Community College District
Santa Barbara City College
(68) 40.53.121-Physical Science Renovation--Working drawings
Shasta-Tehama-Trinity Joint Community College District
Shasta College
(73) 40.57.103-Library Addition--Construction and equipment
West Valley-Mission Community College District
West Valley College
(90) 40.69.105-Campus Technology Center--Working drawings
Mission College
(91) 40.69.208-Main Building Third Floor
Reconstruction--Construction
and equipment
(3) Item 6870-301-6028, Budget Act of 2004 (Ch. 208, Stats. 2004)
Los Angeles Community College District
Los Angeles Pierce College
(9) 40.26.503-Infrastructure Correction-- Construction
Mira Costa Community College District
Mira Costa College
(10) 40.31.110-Creative Arts Building Replacement--Construction
West Valley-Mission Community College District
West Valley College
(16) 40.69.106-Math and Science Replacement--Working drawings
6041--Higher Education Capital Outlay Bond Fund of 2004
(1) Item 6870-301-6041, Budget Act of 2004 (Ch. 208, Stats. 2004)
Chaffey Community College District
Chaffey College
(4) 40.08.112-Health/Physical Science Building Renovation--Working
drawings
Compton Community College District
Compton College
(6) 40.12.111-Performing Arts and Recreation Complex--Construction
and equipment
Kern Community College District
Porterville College
(18) 40.22.305-Library Expansion--Construction and equipment
Los Angeles Community College District
Los Angeles City College
(23) 40.26.207-Learning Resource Center-Construction
Los Angeles Harbor College
(24) 40.26.302-Applied Technology Building--Construction and
equipment
Los Angeles Pierce College
(26) 40.26.505-Child Development Center--Construction and
equipment
West Los Angeles College
(27) 40.26.907-Science Complex--Construction and equipment
Los Rios Community College District
American River College
(28) 40.27.104-Fine Arts Modernization-Construction
Palo Verde Community College District
Palo Verde College
(37) 40.37.103-Physical Education Complex--Construction and
equipment
Rancho Santiago Community College District
Santiago Canyon College
(38) 40.41.201-Science Building--Construction
San Francisco Community College District
Chinatown Campus
(44) 40.48.108-Campus Building--Construction and equipment
San Jose-Evergreen Community College District
San Jose City College
(47) 40.50.204-Applied Sciences Center--Construction and equipment
San Luis Obispo Community College District
North County Center
(49) 40.51.201-Learning Resource Center--Construction and
equipment
Santa Barbara Community College District
Santa Barbara City College
(53) 40.53.122-High Technology Center--Working drawings
Sonoma County Community College District
Petaluma Center
(58) 40.61.200-Petaluma Center Phase II--Construction and
equipment
Ventura County Community College District
Moorpark College
(66) 40.65.111-Reconstruction of Library Building--Construction
and
equipment
Victor Valley Community College District
Victor Valley College
(69) 40.66.117-Speech/Drama Studio Addition--Construction and
equipment
West Kern Community College District
Taft College
(71) 40.68.102-Remodel for Efficiency--Construction and equipment
Yosemite Community College District
Modesto Junior College
(73) 40.70.211-Auditorium Renovation/Expansion--Construction and
equipment
Copper Mountain Community College District
Copper Mountain College
(76) 40.72.100-Multi-use Sports Complex--Construction and
equipment
6870-495--Reversion, California Community Colleges (Proposition
98).
The following amounts shall revert to the Proposition 98 Reversion
Account:
(1) $200,000, or whatever greater or lesser amount represents the
balance available, from Schedule (26) of Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2001 (Ch. 106, Stats. 2001)
(2) $250,000, or whatever greater or lesser amount represents the
balance available, from subparagraph (B) of paragraph (1) of
subdivision
(a) of Section 34 of Chapter 891 of the Statutes of 2001
6870-496--Reversion, Board of Governors of the California
Community
Colleges. As of June 30, 2005, the sum of $8,115,000 from the
appropriations provided for in the following citations shall revert
to the
balances of the funds from which the appropriations were made:
6028--2002 Higher Education Capital Outlay Bond Fund
(1) Item 6870-301-6028, Budget Act of 2003 (Ch. 157, Stats. 2003),
as reappropriated by Item 6870-490, Budget Act of 2004 (Ch. 208,
Stats. 2004)
Mira Costa Community College District
Mira Costa College
(46) 40.31.109-Horticulture Project--Construction and equipment
(2) Item 6870-301-6028, Budget Act of 2004 (Ch. 208, Stats. 2004)
Santa Barbara Community College District
Santa Barbara City College
(14) 40.53.121-Physical Science Renovation--Construction
6041--2004 Higher Education Capital Outlay Bond Fund
(1) Item 6870-301-6041, Budget Act of 2004 (Ch. 208, Stats. 2004)
West Valley-Mission Community College District
West Valley College
(72) 40.69.105-Campus Technology Center--Construction
7980-001-0784--For support of Student Aid Commission, payable from
the Student Loan Operating Fund . . . 13,494,000
Schedule:
(1) 15-Financial Aid Grants Program . . . 11,951,000
(2) 50-California Loan Program . . . 1,789,000
(3) 80.01-Administration and Support Services . . . 3,302,000
(4) 80.02-Distributed Administration and Support Services . . .
-3,302,000
(5) Reimbursements . . . -246,000
Provisions:
1. The funds appropriated in this item shall only be available for
the
California Student Aid Commission's state operations activities.
2. It is the intent of the Legislature that funding from the
Student Loan
Operating Fund be used in accordance with federal law.
4. (a) It is the intent of the Legislature to protect the value of
EdFUND to
the state, students, and institutions of higher education.
(b) To meet this end, the California Student Aid Commission shall
be
required to provide notice to the Legislature and the Department of
Finance in advance of any proposed action by the Student Aid
Commission which would make substantial and significant changes to
the
governance of EdFUND, such as the composition of the EdFUND
Board of Directors and the roles and responsibilities of the EdFUND
Board of Directors.
(c) Any changes meeting the requirements in subdivision (b) shall
be
authorized no sooner than 45 days after notification of the necessity
for
the change, in writing, to the Joint Legislative Budget Committee and
the
Department of Finance. If the Director of Finance or the Joint
Legislative
Budget Committee notifies the Student Aid Commission regarding issues
of concern with any of the proposed changes, the commission shall
convene a meeting of appropriate representatives from the
commission,
EdFUND, the Department of Finance, and the Legislature to resolve
those issues.
(d) This notification requirement does not apply to the day-to-day
operational decisions of the Student Aid Commission, personnel
decisions affecting staff, or changes otherwise contained in the
annual
EdFUND-Student Aid Commission Operating Agreement, as required
by paragraph (1) of subdivision (d) of Section 69522 of the Education
Code.
(e) The Student Aid Commission shall consult with the various
stakeholders, including, but not limited to, the Legislature, the
Administration, the higher education segments, EdFUND management,
and where appropriate, the financial community, prior to determining
a
course of action on the subjects of significance included in
subdivision (b).
(f) To further meet the goal set forth in subdivision (a), it is
the intent of
the Legislature not to approve any legislation that would be
necessary to
bring about the sale or transfer of the federal loan guarantee to any
other
entity.
7980-101-0001--For local assistance, Student Aid Commission . . .
752,449,000
Schedule:
(1) 15-Financial Aid Grants Program . . . 838,193,000
(2) Reimbursements . . . -73,161,000
(3) Amount payable from the Federal Trust Fund (Item 7980-1010890)
.
. . -12,583,000
Provisions:
1. Funds appropriated in Schedule (1) are for the purposes of all
of the
following:
(a) Awards in the Cal Grant Program under Chapter 1.7 (commencing
with Section 69430) and Article 3 (commencing with Section 69530) of
Chapter 2 of Part 42 of the Education Code.
(c) Grants under Section 4709 of the Labor Code.
(d) California Student Opportunity and Access Program contract
agreements under Article 4 (commencing with Section 69560) of Chapter
2 of Part 42 of the Education Code.
(e) The purchase of loan assumptions under Article 5 (commencing
with
Section 69612) of Chapter 2 of Part 42 of the Education Code. The
Student Aid Commission shall issue 8,000 new warrants. The
commission shall give first priority for the 300 additional new
warrants to
individuals training to become math, science, and special education
teachers.
(f) The purchase of loan assumptions under Article 5.5 (commencing
with
Section 69618) of Chapter 2 of Part 42 of the Education Code.
(g) New and renewal Cal Grant awards.
(h) The purchase of loan assumptions authorized pursuant to
legislation
enacted on or before January 1, 2006, establishing a graduate-level
nursing loan assumption program. The California Student Aid
Commission is hereby authorized to issue 100 loan assumption warrants
pursuant to the purchase of loan assumptions.
2. If federal trust funds for the 2005-06 fiscal year exceed
budgeted
levels, the funds appropriated shall, to the extent allowable by
federal
law, be reduced on a dollar-for-dollar basis.
3. Eligibility for moneys appropriated in this item is limited to
students
who demonstrate financial need according to the nationally accepted
needs analysis methodology, who meet other Student Aid Commission
eligibility criteria, and whose income or family's gross income does
not
exceed $80,400 for the purposes of determining recipients for the
2005-06 award year.
4. Notwithstanding any other provision of law, the maximum award
for:
(c) New recipients attending private and independent institutions
shall be
$8,322;
(d) All recipients receiving Cal Grant B access awards shall be
$1,551;
(e) All recipients receiving Cal Grant C tuition and fee awards
shall be
$2,592; and
(f) All recipients receiving Cal Grant C book and supply awards
shall be
$576.
5. Of the funds appropriated in Schedule (1), at least $8,567,000
in
reimbursements from the federal Family Education Loan Program,
administered by the Student Aid Commission as the State Student Loan
Guarantee Agency, is for the purposes of the California Student
Opportunity and Access Program to provide financial aid awareness and
related outreach, consistent with Article 4 (commencing with Section
69560) of Chapter 2 of Part 42 of the Education Code and Section
1072b of Title 20 of the United States Code.
6. Notwithstanding any other provision of law, the commission may
not
issue new warrants for the assumption of loans for the Graduate
Assumption Program of Loans for Education pursuant to Article 5.5
(commencing with Section 69618) of Chapter 2 of Part 42 of the
Education Code.
7. The amount listed in Schedule (2) of this item includes
$51,000,000 in
one-time funds received from the Student Loan Operating Fund, for
expenditure within the Cal Grant Program.
The General Fund shall be reimbursed for Cal Grant expenditures
as
follows:
(a) $35,000,000 no later than 30 days after the 2005-06 Cal Grant
fall
term advance payments have been issued; and
(b) $16,000,000 as determined jointly with the Department of
Finance to
ensure the availability of cash within the Student Loan Operating
Fund.
It is the intent of the Legislature that funding provided by the
Student
Loan Operating Fund for the Cal Grant programs be short term in
nature
until such time as the state's fiscal situation improves to allow
these
programs to be funded wholly or in part by the state General Fund.
8. It is the intent of the Legislature that funding from the
Student Loan
Operating Fund be used in accordance with federal law.
7980-101-0890--For local assistance, Student Aid Commission, for
payment to Item 7980-101-0001, payable from the Federal Trust Fund .
. . 12,583,000
7980-495--Reversion, Student Aid Commission. The unencumbered
balance as of June 30, 2005, of the appropriation provided in the
following citation shall revert to the fund balance of the fund from
which
the appropriation was made:
0001--General Fund
(1) Item 7980-101-0001, Budget Act of 2004 (Ch. 208, Stats. 2004)
LABOR AND WORKFORCE DEVELOPMENT
AGENCY
7100-001-0001--For support of Employment Development Department,
for payment to Item 7100-001-0870 . . . 22,679,000
Provisions:
1. Of the amount appropriated in this item, $750,000 is for rural
simulator
projects, pursuant to Section 9619 of the Unemployment Insurance
Code.
7100-001-0184--For support of Employment Development Department,
for payment to Item 7100-001-0870, payable from the Employment
Development Department Benefit Audit Fund . . . 12,878,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines
and penalties imposed as specified in Section
13332.18 of the Government Code.
7100-001-0185--For support of Employment Development Department,
for payment to Item 7100-001-0870, payable from the Employment
Development Contingent Fund . . . 75,103,000
Provisions:
1. Funds appropriated in this item are in lieu of the amounts
that
otherwise would have been appropriated for administration pursuant to
Section 1586 of the Unemployment Insurance Code.
2. The Director of Finance is authorized to approve expenditures
in any
amount made necessary by changes in either workload or payments, or
any rule or regulation adopted as a result of the enactment of a
federal or
state law, the adoption of a federal regulation, or following a court
decision, during the 2005-06 fiscal year that are within or in excess
of
amounts appropriated in this act for that year.
3. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in Section
13332.18 of the Government Code.
4. Notwithstanding any other provision of law and sections of this
act, the
Director of the Employment Development Department (EDD) may
augment this item by up to $3,000,000 to make interest payments on an
Unemployment Fund loan secured to pay Unemployment Insurance (UI)
benefits. The EDD will notify the Department of Finance by October 1,
2005, of a planned augmentation by submitting an estimated interest
calculation for review. The amount disbursed under this augmentation
is
limited to actual interest due on an Unemployment Fund loan secured
to
pay UI benefits. Pursuant to Provision 1 of Item 7100-011-0185, any
amount not disbursed for the pur-pose specified above shall be
transferred to the General Fund.
7100-001-0514--For support of Employment Development Department,
for payment to Item 7100-001-0870, payable from the Employment
Training Fund . . . 43,499,000
Provisions:
1. Upon order of the Director of Finance, funds disencumbered from
Employment Training Fund training contracts during the 2005-06 fiscal
year that have not reverted as of July 1, 2005, may be appropriated
in
augmentation of this item.
2. Notwithstanding subparagraph (B) of paragraph (2) of
subdivision (a)
of Section 10206 of the Unemployment Insurance Code, the
Employment Training Panel's administrative costs may exceed 15
percent
of the amount appropriated in this item.
3. Of the amount appropriated in this item, $2,500,000 is
designated to
fund a health care training program that will be adopted in
legislation
during the 2005-06 Regular Session.
7100-001-0588--For support of Employment Development Department,
for payment to Item 7100-001-0870, payable from the Unemployment
Compensation Disability Fund . . . 214,699,000
Provisions:
1. The Employment Development Department shall submit on October
1,
2005, and April 20, 2006, to the Department of Finance for its review
and ap-proval, an estimate of expenditures for both the current and
budget years, including the assumptions and calculations underlying
Employment Development Department projections for expenditures from
this item. The Department of Finance shall approve, or modify, the
assumptions underlying all estimates within 15 working days of the
due
date. If the Department of Finance does not approve or modify in
writing,
the assumptions underlying all estimates within 15 working days of
the
due date, the Employment Development Department shall consider the
assumptions and calculations approved as submitted. If the Department
of Finance determines that the estimate of expenditures differs from
the
amount appropriated by this item, the Director of Finance shall so
report
to the Legislature. At the time the report is made, the amount of
this
appropriation shall be adjusted by the difference between this Budget
Act
appropriation and the approved estimate of the Department of Finance.
Revisions reported pursuant to this provision are not subject to
Section
28.00 of this act.
2. The Department of Finance is authorized to approve expenditures
in
those amounts made necessary by changes in either workload or
payments, or any rule or regulation adopted as a result of the
enactment
of a federal or state law, the adoption of a federal regulation, or
the
following of a court decision, during the 2005-06 fiscal year that
are
within or in excess of amounts appropriated in this act for that
year.
7100-001-0869--For support of state programs under the Workforce
Investment Act (WIA), Employment Development Department, payable
from the Consolidated Work Program Fund . . . 154,044,000
Schedule:
(5.5) 61.35-WIA Administration and Program Services . . .
27,910,000
(6) 61.40-WIA Growth Industries . . . 3,809,000
(7) 61.50-WIA Industries with a Statewide Need . . . 14,200,000
(8) 61.60-WIA Removing Barriers for Special Needs Populations . .
.
17,434,000
(9) 61.70-WIA Rapid Response Activities . . . 45,691,000
(10) 62.10-National Emergency Grant Program . . . 45,000,000
Provisions:
1. Provision 1 of Item 7100-001-0588 also applies to Schedules
(5.5)
and (9) of this item.
1.5. For Schedules (6), (7), and (8), the Employment Development
Department (EDD) shall submit on October 1, 2005, and April 20,
2006, to the Department of Finance for its review and approval an
estimate of expenditures for both the current and budget fiscal
years,
including the assumptions and calculations underlying the EDD's
projections for expenditures from these schedules. To the extent the
EDD
identifies unspent or receives unanticipated additional federal WIA
15
percent discretionary funds, the Department of Finance may increase
expenditure authority for Schedules (6) to (8), inclusive, if the
additional
funding is consistent with the expenditure plan for WIA discretionary
funds in this item and meets the four requirements set forth in
subdivision
(b) of Section 28.00. No augmentation exceeding two hundred fifty
thousand dollars ($250,000) shall be authorized sooner than 30 days
after written notification is provided to the chairpersons of the
committees
in each house of the Legislature that consider the State Budget, and
the
Chairperson of the Joint Legislative Budget Committee, or sooner than
whatever lesser time the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, may in each instance determine.
2. The Secretary of Labor and Workforce Development is authorized
to
transfer up to $500,000 of the funds appropriated in this item to the
California Workforce Investment Board, Federal Trust Fund, Item
7120-001-0890, to facilitate the implementation and operation of the
WIA Program. Any transfer made pursuant to this provision shall be
reported in writing to the Department of Finance, the chairpersons of
the
fiscal committees of each house of the Legislature, and the
Chairperson of
the Joint Legislative Budget Committee within 30 days of the date of
the
transfer.
3. Notwithstanding any other provision of law, the Secretary of
Labor
and Workforce Development is authorized to transfer funds between
categories (Schedules (5.5) to (8), inclusive) as included in the
schedule
to be used for projects. Any transfer made pursuant to this provision
shall
be reported in writing to the Department of Finance, the
chairpersons of
the fiscal committees of each house, and the Chairperson of the Joint
Legislative Budget Committee within 30 days of the date of the
transfer.
7100-001-0870--For support of Employment Development Department,
payable from the Unemployment Administration Fund-Federal . . .
577,319,000
Schedule:
(1) 10-Employment and Employment Related Services . . .
208,356,000
(2) 21-Tax Collections and Benefit Payments . . . 647,908,000
(3) 22-California Unemployment Insurance Appeals Board . . .
78,429,000
(4) 30.01-General Administration . . . 52,494,000
(5) 30.02-Distributed General Administration . . . -51,194,000
(6) 50-Employment Training Panel . . . 38,182,000
(6.5) 63-Nursing Education Initiative . . . 750,000
(7) 97.20.001-Unallocated Reduction . . . -299,000
(8) Reimbursements . . . -27,228,000
(9) Amount payable from the General Fund (Item 7100-001-0001) . .
.
-22,679,000
(10) Amount payable from the Employment Development Department
Benefit Audit Fund (Item 7100-001-0184) . . . -12,878,000
(11) Amount payable from the Employment Development Contingent
Fund (Item 7100-001-0185) . . . -75,103,000
(12) Amount payable from the Employment Training Fund (Item
7100-001-0514) . . . -43,499,000
(13) Amount payable from the Unemployment Compensation Disability
Fund (Item 7100-001-0588) . . . -214,699,000
(14) Amount payable from the School Employees Fund (Item
7100-001-0908) . . . -1,221,000
Provisions:
1. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appro priated pursuant to Section 1555 of
the Unemployment Insurance Code.
2. Provision 1 of Item 7100-001-0588 also applies to funds
appropriated
in this item for the Unemployment Insurance Program.
3. The Secretary for Labor and Workforce Development shall report
to
the Director of Finance, and the Joint Legislative Budget Committee
on
the progress of the Underground Economy Enforcement and shall
provide justification for its continuance by September 13, 2007.
4. The Employment Development Department is authorized to use up
to
5 percent of the amount appropriated for the Nurse Education
Initiative in
Items 7100-001-0001 and 7100-001-0514 to offset costs associated
with administering the program.
7100-001-0908--For support of Employment Development Department,
for payment to Item 7100-001-0870, payable from the School
Employees Fund . . . 1,221,000
Provisions:
1. The Department of Finance is authorized to approve expenditures
in
those amounts made necessary by changes in either workload or
payments, or any rule or regulation adopted as a result of the
enactment
of a federal or state law, the adoption of a federal regulation, or
the
following of a court decision, during the 2005-06 fiscal year that
are
within or in excess of amounts appropriated in this act for that
year.
2. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appro-priated for administration pursuant
to
Section 822 of the Unemployment Insurance Code.
3. Provision 1 of Item 7100-001-0588 also applies to this item.
7100-011-0184--For transfer by the Controller, upon order of the
Director of Finance, from the Employment Development Department
Benefit Audit Fund, to the General Fund . . . (282,000)
Provisions:
1. The unencumbered balance in the Employment Development
Department Benefit Audit Fund as of June 30, 2006, shall be
transferred
to the General Fund.
7100-011-0185--For transfer by the Controller, upon order of the
Director of Finance, from the Employment Development Contingent
Fund, to the General Fund . . . (9,321,000)
Provisions:
1. Notwithstanding any other provision of law, the State
Controller shall
transfer to the General Fund the unencumbered balance, as determined
by the Director of Finance, in the Employment Development Contingent
Fund as of June 30, 2006.
7100-011-0890--For support of Employment Development Department,
payable from the Federal Trust Fund, for transfer to the Unemployment
Administration Fund--Federal . . . (586,043,000)
7100-021-0890--For support of Employment Development Department,
payable from the Federal Trust Fund, for transfer to the Consolidated
Work Program Fund . . . (154,044,000)
7100-101-0588--For local assistance, Employment Development
Department, for Program 21--Tax collections and benefit payments,
payable from the Unemployment Compensation Disability Fund . . .
4,109,751,000
Provisions:
1. The Department of Finance is authorized to approve expenditures
in
those amounts made necessary by changes in either workload or
payments, or any rule or regulation adopted as a result of the
enactment
of a federal or state law, the adoption of a federal regulation, or
the
following of a court decision, during the 2005-06 fiscal year that
are
within or in excess of amounts appropriated in this act for that
year.
2. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appro-priated pursuant to Section 3012 of
the Unemployment Insurance Code.
3. Provision 1 of Item 7100-001-0588 also applies to this item.
7100-101-0869--For local assistance under Workforce Investment Act
(WIA), Employment Development Department, Program 61-WIA
Program, payable from the Consolidated Work Program Fund . . .
334,753,000
Provisions:
1. Provision 1 of Item 7100-001-0588 also applies to this item.
7100-101-0871--For local assistance, Employment Development
Department, for Program 21--Tax collections and benefit payments,
payable from the Unemployment Fund--Federal . . . 5,831,228,000
Provisions:
1. Funds appropriated in this item are in lieu of the amounts that
would
have otherwise been appropriated pursuant to Section 1521 of the
Unemployment Insurance Code.
2. Provision 1 of Item 7100-001-0588 also applies to this item.
7100-101-0890--For local assistance, Employment Development
Department, payable from the Federal Trust Fund, for transfer to the
Consolidated Work Program Fund . . . (334,753,000)
7100-101-0908--For local assistance, Employment Development
Department, for Program 21--Tax collections and benefit payments,
payable from the School Employees Fund . . . 138,329,000
Provisions:
1. The Department of Finance is authorized to approve expenditures
in
those amounts made necessary by changes in either workload or
payments, or any rule or regulation adopted as a result of the
enactment
of a federal or state law, the adoption of a federal regulation, or
the
following of a court decision, during the 2005-06 fiscal year that
are
within or in excess of amounts appropriated in this act for that
year.
2. Funds appropriated in this item are in lieu of the amounts that
otherwise would have been appropriated for benefits pursuant to
Section
822 of the Unemployment Insurance Code.
3. Provision 1 of Item 7100-001-0588 also applies to this item.
7100-111-0890--For local assistance, Employment Development
Department, payable from the Federal Trust Fund, for transfer to the
Unemployment Fund--Federal . . . (5,831,228,000)
7100-311-0690--For capital outlay, Employment Development
Department. To prevent the loss of funds in the Employment
Development Department Building Fund, the unencumbered balances of
the funds deposited in the Employment Development Department
Building Fund shall be transferred to the Federal Unemployment Fund.
Provisions:
1. The Employment Development Department shall report to the
Legislature by September 1, 2006, the amount of funds transferred
pursuant to this item.
7120-001-0890--For support of the California Workforce Investment
Board, payable from the Federal Trust Fund . . . 3,916,000
Schedule:
(1) 10-California Workforce Investment Program . . . 4,781,000
(2) Reimbursements . . . -865,000
Provisions:
1. The secretary of the agency that is responsible for oversight
of the
Employment Development Department, with the approvals of the
California Workforce Investment Board and Department of Finance, and
not sooner than 30 days after notification to the Joint Legislative
Budget
Committee, is authorized to transfer funds appropriated in this item
to the
Employment Development Department, Consolidated Work Program
Fund, Item 7100-001-0869, to facilitate the implementation and
operation of the Workforce Investment Act Program.
7300-001-0001--For support of Agricultural Labor Relations Board .
. .
4,904,000
Schedule:
(1) 10-Board Administration . . . 2,144,000
(2) 20-General Counsel Administration . . . 2,836,000
(3) 30.01-Administration Services . . . 255,000
(4) 30.02-Distributed Administration Services . . . -255,000
(5) 97.20.001-Unallocated Reduction . . . -76,000
Provisions:
1. Notwithstanding any other provision of law, upon approval of
the
Department of Finance, the State Controller's Office shall
reestablish up
to 2.0 vacant positions within the Agricultural Labor Relations
Board.
7350-001-0001--For support of Department of Industrial Relations .
. .
64,249,000
Schedule:
(1) 10-Self-Insurance Plans . . . 3,587,000
(2) 20-Mediation/Conciliation . . . 2,261,000
(3) 30-Division of Workers' Compensation . . . 154,257,000
(4) 36-Commission on Health and Safety and Workers' Compensation .
.
. 3,139,000
(5) 40-Division of Occupational Safety and Health . . .
85,225,000
(6) 50-Division of Labor Standards Enforcement . . . 49,983,000
(7) 60-Division of Apprenticeship Standards . . . 9,991,000
(8) 70-Division of Labor Statistics and Research . . . 3,915,000
(9) 80-Claims, Wages, and Contingencies . . . 892,000
(10) 94.01-Administration . . . 26,939,000
(11) 94.02-Distributed Administration . . . -26,939,000
(12) 97.20.001-Unallocated Reduction . . . -955,000
(13) Reimbursements . . . -3,632,000
(14) Amount payable from the Farmworkers Remedial Account (Item
7350-001-0023) . . . -102,000
(15) Amount payable from the Cal-OSHA Targeted Inspection and
Consultation Fund (Item 7350-001-0096) . . . -15,279,000
(16) Amount payable from the Workers' Compensation Managed Care
Fund (Item 7350-001-0132) . . . -387,000
(17) Amount payable from the Industrial Relations Construction
Industry
Enforcement Fund (Item 7350-001-0216) . . . -56,000
(18) Amount payable from the Workers' Compensation Administration
Revolving Fund (Item 7350-001-0223) . . . -154,236,000
(19) Amount payable from the Asbestos Consultant Certification
Account (Item 7350-001-0368) . . . -328,000
(20) Amount payable from the Asbestos Training Approval Account
(Item 7350-001-0369) . . . -120,000
(21) Amount payable from the Self-Insurance Plans Fund (Item
7350-001-0396) . . . -3,545,000
(22) Amount payable from the Elevator Safety Inspection Account
(Item
7350-001-0452) . . . -13,460,000
(23) Amount payable from the Pressure Vessel Inspection Account
(Item
7350-001-0453) . . . -3,245,000
(24) Amount payable from the Garment Manufacturers Special Account
(Item 7350-001-0481) . . . -200,000
(25) Amount payable from the Uninsured Employers' Account,
Uninsured Employers Fund (Item 7350-001-0571) . . . -692,000
(26) Amount payable from the Employment Training Fund (Item
7350-001-0514) . . . -3,143,000
(27) Amount payable from the Federal Trust Fund (Item
7350-001-0890) . . . -31,583,000
(28) Amount payable from the Industrial Relations Unpaid Wage Fund
(Item 7350-001-0913) . . . -4,939,000
(29) Amount payable from the Industrial Relations Unpaid Wage Fund
(Section 96.6 of the Labor Code) . . . -500,000
(30) Amount payable from the Electrician Certification Fund (Item
7350-001-3002) . . . -2,652,000
(31) Amount payable from the Permanent Amusement Ride Safety
Inspection Fund (Item 7350-001-3003) . . . -1,000,000
(32) Amount payable from the Garment Industry Regulations Fund
(Item
7350-001-3004) . . . -3,362,000
(33) Amount payable from the Apprenticeship Training Contribution
Fund (Item 7350-001-3022) . . . -4,096,000
(34) Amount payable from the Workers' Occupational Safety and
Health
Education Fund (Item 7350-001-3030) . . . -1,213,000
(35) Amount payable from the Car Wash Worker Restitution Fund
(Item
7350-001-3071) . . . -80,000
(36) Amount payable from the Car Wash Worker Fund (Item
7350-001-3072) . . . -160,000
(37) Amount payable from the Worker Safety Bilingual Investigative
Support, Enforcement and Training Account (Item 7350-001-8024) . . .
-36,000
Provisions:
1. The Secretary of Labor and Workforce Development shall report
to
the Director of Finance, and the Joint Legislative Budget Committee
on
the progress of the Underground Economy Enforcement and shall
provide justification for its continuance by September 13, 2007.
2. Of the amount provided in Schedule (6), $3,000,000 shall be
solely
expended for additional field enforcement efforts by the Labor
Commissioner and the Bureau of Field Enforcement regarding minimum
wage and overtime law compliance in construction, agriculture,
garment
manufacturing, janitorial, and restaurant employment.
(a) The Department of Industrial Relations is authorized to
establish
positions for the additional field enforcement efforts.
(b) The new funds provided in this item shall be divided equally
between
urban and rural enforcement efforts.
(c) The new enforcement efforts funded by the augmentation to this
item
shall not be used to supplant funding previously intended by the
Division
of Labor Standards Enforcement to go into field enforcement
activities for
this fiscal year.
(d) The department shall provide the Legislature with a
description of
additional minimum wage and overtime law compliance activities
undertaken with this augmentation, as well as an assessment of
whether a
continued special focus on minimum wage and overtime law compliance
is warranted. This update shall be provided during budget hearings.
7350-001-0023--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Farmworkers
Remedial Account . . . 102,000
7350-001-0096--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Cal-OSHA
Targeted Inspection and Consultation Fund . . . 15,279,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
7350-001-0132--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Workers'
Compensation Managed Care Fund . . . 387,000
7350-001-0216--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Industrial Relations
Construction Industry Enforcement Fund . . . 56,000
7350-001-0223--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Workers'
Compensation Administration Revolving Fund . . . 154,236,000
Provisions:
1. The Director of Finance may authorize a loan from the General
Fund
to the Workers' Compensation Administration Revolving Fund, in an
amount not to exceed 60 percent of the amount appropriated in this
item,
provided that:
(a) The loan is to meet cash needs resulting from the delay in
receipt of
employer assessments to support the Workers' Compensation
Administration Revolving Fund, the Subsequent Injuries Benefits Trust
Fund, and the Uninsured Employers Benefits Trust Fund.
(b) The loan is short term and shall be repaid in two equal
installments
due on March 31 and June 30 of the fiscal year in which the loan is
authorized.
(c) Interest charges may be waived pursuant to subdivision (e) of
Section
16314 of the Government Code.
(d) The Director of Finance may not approve the loan unless the
approval
is made in writing and filed with the Chairperson of the Joint
Legislative
Budget Committee and the chairperson of the committee in each house
that considers appropriations not later than 30 days prior to the
effective
date of the approval, or not sooner than whatever lesser time the
chairperson of the joint committee or his or her designee may
determine.
2. Notwithstanding any other provision of law, the funds
appropriated in
this item may be used to pay workers' compensation benefits for the
Subsequent Injuries Program and the Uninsured Employers Program, if
either or both of those funds' reserves are insufficient to make the
payments. Any expenditures made pursuant to this provision shall be
credited to the Workers' Compensation Administration Revolving Fund
upon receipt of sufficient revenues.
3. Notwithstanding any other provision of law, upon approval by
the
Department of Finance, the State Controller shall reestablish up to
274.3
vacant positions within the Department of Industrial Relations for
the
implementation of workers' compensation reforms enacted in Chapter 6
of the Statutes of 2002, Chapter 639 of the Statutes of 2003, and
Chapter 34 of the Statutes of 2004.
7350-001-0368--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Asbestos Consultant
Certification Account . . . 328,000
7350-001-0369--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Asbestos Training
Approval Account . . . 120,000
7350-001-0396--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Self-Insurance Plans
Fund . . . 3,545,000
7350-001-0452--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Elevator Inspection
Account . . . 13,460,000
7350-001-0453--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Pressure Vessel
Account . . . 3,245,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in
Government Code Section 13332.18.
7350-001-0481--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Garment
Manufacturers Special Account . . . 200,000
7350-001-0514--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Employment Training
Fund . . . 3,143,000
Provisions:
1. Notwithstanding Section 1611 of, and Chapter 3.5 (commencing
with
Section 10200) of Part 1 of Division 3 of, the Unemployment Insurance
Code, $3,143,000 from the Employment Training Fund shall be
transferred by the State Controller to the Department of Industrial
Relations for the support of the Division of Apprenticeship
Standards.
7350-001-0571--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Uninsured
Employers Fund . . . 692,000
Provisions:
1. Notwithstanding any other provision of law, the amount
available for
expenditure in this appropriation may be used for Underground Economy
Enforcement.
7350-001-0890--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Federal Trust Fund .
. . 31,583,000
7350-001-0913--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Industrial Relations
Unpaid Wage Fund . . . 4,939,000
Provisions:
1. Notwithstanding any other provision of law, funds appropriated
by this
item shall be expended by the Department of Industrial Relations
Division
of Labor Standards Enforcement and the Division of Occupational
Safety
and Health to administer the following: (a) the Targeted Industries
Partnership Program to increase enforcement and compliance in the
agricultural, garment, and restaurant industries, and (b) the
Economic and
Employment Enforcement Coalition (Underground Economy Program).
2. It is the intent of the Legislature that the Targeted
Industries
Partnership Program result in increased enforcement of, and
compliance
by, the agricultural, garment, and restaurant industries regarding
wages,
hours, conditions of employment, licensing, registration, child labor
laws
and regulations.
7350-001-3002--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Electrician
Certification Fund . . . 2,652,000
7350-001-3003--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Permanent
Amusement Ride Safety Inspection Fund . . . 1,000,000
7350-001-3004--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Garment Industry
Regulations Fund . . . 3,362,000
7350-001-3022--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Apprenticeship
Training Contribution Fund . . . 4,096,000
7350-001-3030--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Worker's
Occupational Safety and Health Education Fund . . . 1,213,000
7350-001-3071--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Car Wash Worker
Restitution Fund . . . 80,000
7350-001-3072--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Car Wash Worker
Fund . . . 160,000
7350-001-8024--For support of Department of Industrial Relations,
for
payment to Item 7350-001-0001, payable from the Worker Safety
Bilingual Investigative Support, Enforcement, and Training Account .
. .
36,000
Provisions:
1. Notwithstanding any other provision of law, upon approval of
the
Director of Finance, this item may be augmented if revenues become
available.
7350-011-0913--For transfer by the Controller, upon order of the
Director of Finance, from the Industrial Relations Unpaid Wage Fund
to
the General Fund . . . (1,000)
Provisions:
1. Notwithstanding any other provision of law, the State
Controller shall
transfer to the General Fund the unencumbered balance, less six
months
of expenditures, as determined by the Director of Finance, in the
Industrial Relations Unpaid Wage Fund as of June 30, 2006.
7350-491--Reappropriation, Department of Industrial Relations. Up
to
$990,000 of the appropriation provided for in Item 7350-001-0223,
Budget Act of 2004 (Ch. 208, Stats. 2004), is reappropriated and
shall
be available for encumbrance or expenditure until June 30, 2006.
Provisions:
1. Up to 274.3 vacant positions provided to implement workers'
compensation reforms abolished pursuant to Section 12439 of the
Government Code may be reestablished upon approval by the
Department of Finance.
GENERAL GOVERNMENT
8120-001-0268--For support of Commission on Peace Officer
Standards and Training, payable from the Peace Officers' Training
Fund .
. . 14,145,000
Schedule:
(1) 10-Standards . . . 5,105,000
(2) 20-Training . . . 29,226,000
(3) 30-Peace Officer Training . . . 118,000
(4) 40.01-Administration . . . 5,649,000
(5) 40.02-Distributed Administration . . . -5,649,000
(6) Reimbursements . . . -1,259,000
(7) Amount payable from the Peace Officers' Training Fund (Item
8120-011-0268) . . . -17,489,000
(8) Amount payable from the Peace Officers' Training Fund (Item
8120-012-0268) . . . -1,556,000
8120-011-0268--For support of Commission on Peace Officer
Standards and Training, for payment to Item 8120-001-0268, payable
from the Peace Officers' Training Fund . . . 17,489,000
Provisions:
1. Funds appropriated in this item are to be used for contractual
services
in support of local training programs, pursuant to Section 13503(c)
of the
Penal Code.
2. Funds may be transferred between this item and Item
8120-101-0268
to meet the needs of local training programs.
8120-012-0268--For support of Commission on Peace Officer
Standards and Training, for payment to Item 8120-001-0268, payable
from the Peace Officers' Training Fund . . . 1,556,000
Provisions:
1. The funds appropriated in this item are to be used for
implementation
of the "Tools for Tolerance" training program for law enforcement
personnel operated by the Simon Wiesenthal Center-Museum of
Tolerance. Eligibility to receive funds appropriated by this item as
reimbursements is limited to law enforcement agencies authorized by
law
to receive training reimbursements from the Peace Officers' Training
Fund. Both sworn of ficers and nonsworn personnel who have contact
with the public shall, at the discretion of the head of the law
enforcement
agency seeking reimbursement under this provision, be eligible for
reimbursement, provided that the Museum of Tolerance gives priority
to
training sworn officers.
8120-101-0268--For local assistance, Commission on Peace Officer
Standards and Training, Program 30, for allocation to cities,
counties, and
cities and counties pursuant to Section 13523 of the Penal Code,
payable
from the Peace Officers' Training Fund . . . 21,382,000
Provisions:
1. Funds may be transferred between this item and Item
8120-011-0268
to meet the needs of local training programs.
2. The Director of Finance may authorize the augmentation of the
total
amount available for expenditure under this item in the amount of
revenue
received by the Peace Officers' Training Fund that is in addition to
the
revenue appropriated by this item, not sooner than 30 days after
written
notification to the chairpersons of the respective fiscal committees
and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee.
8120-102-0268--For local assistance, Commission on Peace Officer
Standards and Training, Program 30, payable from the Peace Officers'
Training Fund . . . 444,000
Provisions:
1. Funds appropriated in this item are to be used for
implementation of
the "Tools for Tolerance" training program for law enforcement
personnel
operated by the Simon Wiesenthal Center-Museum of Tolerance.
Eligibility to receive funds appropriated by this item as
reimbursements is
limited to law enforcement agencies authorized by law to receive
training
reimbursements from the Peace Officers' Training Fund. Both sworn
officers and nonsworn personnel who have contact with the public
shall,
at the discretion of the head of the law enforcement agency seeking
reimbursement under this provision, be eligible for reimbursement,
provided that the Museum of Tolerance gives priority to training
sworn
officers.
8140-001-0001--For support of State Public Defender . . .
11,330,000
Schedule:
(1) 10-State Public Defender . . . 11,506,000
(2) 97.20.001-Unallocated Reduction . . . -176,000
Provisions:
1. Any federal funds received by the Office of the State Public
Defender
as reimbursements for legal services provided for capital cases shall
revert to the unappropriated surplus of the General Fund.
8180-101-0001--For local assistance, payment to local government
for
costs of homicide trials, for payment by the State Controller . . .
4,305,000
Provisions:
1. This item is for payment to counties for costs of homicide
trials
pursuant to Sections 15201 to 15203, inclusive, of the Government
Code, provided that expenditures made under this item shall be
charged
to the fiscal year in which the warrant is issued by the Controller.
2. The Controller shall reimburse counties for reasonable and
necessary
expenses incurred pursuant to Section 15202 of the Government Code
except that reimbursements to a county shall not exceed: (a) for
attorney
services, an hourly rate equal to that county's average hourly cost
for
public defenders, the hourly rate paid to appointed counsel, or the
hourly
rate charged state agencies by the Attorney General for attorney
services,
whichever rate is less; (b) for investigators, an hourly rate equal
to that
county's average hourly cost for county-employed investigators or the
hourly rate charged state agencies by the Attorney General for
investigators, whichever rate is less; and (c) for expert witnesses,
the
hourly rate that the county generally pays for these services.
3. All counties that apply for a grant pursuant to this item shall
provide the
State Controller's Office and the Department of Finance a written
summary of any amounts that they received pursuant to this item in a
previous fiscal year that were not expended as of June 30, 2006. This
summary shall detail the amount of unexpended funds by the fiscal
year in
which they were received. The summary also shall include a
description
of the purposes for which the county proposes to use the unexpended
funds. Applicant counties shall provide this written summary to the
State
Controller's Office and the Department of Finance no later than June
30,
2006. To ensure compliance with this requirement, the State
Controller's
Office shall notify counties of this requirement when they submit
their
applications for funding.
8260-001-0001--For support of California Arts Council . . .
1,153,000
Schedule:
(1) 90-Arts Council . . . 3,274,000
(2) 97.20.001-Unallocated Reduction . . . -18,000
(3) Reimbursements . . . -197,000
(4) Amount payable from the Graphic Design License Plate Account
(Item 8260-001-0078) . . . -968,000
(5) Amount payable from the Federal Trust Fund (Item
8260-001-0890)
. . . -938,000
8260-001-0078--For support of California Arts Council, for payment
to
Item 8260-001-0001, payable from the Graphic Design License Plate
Account . . . 968,000
8260-001-0890--For support of California Arts Council, for payment
to
Item 8260-001-0001, payable from the Federal Trust Fund . . . 938,000
8320-001-0001--For support of Public Employment Relations Board .
.
. 5,558,000
Schedule:
(1) 11-Public Employment Relations . . . 5,656,000
(2) 97.20.001-Unallocated Reduction . . . -86,000
(3) Reimbursements . . . -12,000
8380-001-0001--For support of Department of Personnel
Administration . . . 9,669,000
Schedule:
(1) 10-Policy Operations . . . 5,181,000
(2) 20-Labor Relations . . . 3,198,000
(3) 25-Legal . . . 5,494,000
(4) 40.01-Administration . . . 4,168,000
(5) 40.02-Distributed Administration . . . -4,168,000
(6) 54-Benefits Administration . . . 20,392,000
(7) 97.20.001-Unallocated Reduction . . . -141,000
(8) Reimbursements . . . -13,410,000
(9) Amount payable from the Flexelect Benefit Fund (Item
8380-001-0821) . . . -1,249,000
(10) Amount payable from the Deferred Compensation Plan Fund (Item
8380-001-0915) . . . -9,796,000
Provisions:
2. Of the funds appropriated in this item, $573,000 shall be used
to
complete a comprehensive salary survey that includes private and
public
employers, geographical data, and total compensation. The Department
of Personnel Administration shall provide to the appropriate fiscal
and
policy committees of each house of the Legislature and the
Legislative
Analyst, within 30 days of completion, each completed salary survey
report.
8380-001-0821--For support of Department of Personnel
Administration, for payment to Item 8380-001-0001, payable from the
Flexelect Benefit Fund . . . 1,249,000
8380-001-0915--For support of Department of Personnel
Administration, for payment to Item 8380-001-0001, payable from the
Deferred Compensation Plan Fund . . . 9,796,000
8380-004-0001--For support of Department of Personnel
Administration . . . 23,305,000
Schedule:
(1) 54-Benefits Administration . . . 23,650,000
(2) 97.20.001-Unallocated Reduction . . . -345,000
8380-490--Reappropriation, Department of Personnel Administration.
Notwithstanding any other provision of law, as of June 30, 2005, the
balance of the appropriation provided in the following citation is
reappropriated for purposes provided for in that appropriation and
shall
be available for encumbrance and expenditure until June 30, 2006:
0367--Indian Gaming Special Distribution Fund
(1) Item 8380-001-0367, Budget Act of 2000 (Ch. 52, Stats. 2000),
as
reappropriated by Item 8380-490, Budget Act of 2001 (Ch. 106, Stats.
2001), Item 8380-490, Budget Act of 2002 (Ch. 379, Stats. 2002) and
Item 8380-490, Budget Act of 2003 (Ch. 157, Stats. 2003), Budget Act
of 2004 (Ch. 208, Stats. 2004)
8380-495--Reversion, Department of Personnel Administration.
Notwithstanding subdivision (h) of Section 22877 of the Government
Code, and as of June 30, 2005, the unencumbered balances of the
appropriations provided in the following citations shall revert to
the
balance of the fund from which the appropriation was made:
0001--General Fund
(1) Item 8380-004-0001, Budget Act of 2000 (Ch. 52, Stats. 2000)
(2) Item 8380-004-0001, Budget Act of 2001 (Ch. 106, Stats. 2001)
(3) Item 8380-004-0001, Budget Act of 2002 (Ch. 379, Stats. 2002)
(4) Item 8380-004-0001, Budget Act of 2003 (Ch. 157, Stats. 2003)
8385-001-0001--For support of California Citizens' Compensation
Commission, Program 10 . . . 14,000
8500-001-0152--For support of Board of Chiropractic Examiners,
payable from the State Board of Chiropractic Examiners Fund . . .
2,636,000
Schedule:
(1) 10-Board of Chiropractic Examiners . . . 2,678,000
(2) Reimbursements . . . -42,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Government Code Section 13332.18.
8530-001-0290--For support of Board of Pilot Commissioners for the
Bays of San Francisco, San Pablo and Suisun, payable from the Board
of Pilot Commissioners' Special Fund . . . 1,524,000
Schedule:
(1) 10.01-Support . . . 631,000
(2) 10.02-Training . . . 893,000
Provisions:
1. The amount appropriated in this item may include revenues
derived
from the assessment of fines and penalties imposed as specified in
Section
13332.18 of the Government Code.
8550-001-0191--For support of California Horse Racing Board,
payable from the Fair and Exposition Fund . . . 8,477,000
Schedule:
(1) 10-California Horse Racing Board . . . 8,747,000
(2) Amount payable from the Racetrack Security Account, Special
Deposit Fund (Item 8550-001-0942) . . . -270,000
8550-001-0942--For support of California Horse Racing Board, for
payment to Item 8550-001-0191, payable from the Racetrack Security
Account, Special Deposit Fund . . . 270,000
8550-011-0942--Notwithstanding paragraph (1) of subdivision (b) of
Section 19641 of the Business and Professions Code, there is hereby
transferred to the General Fund the unencumbered balance of the
Racetrack Security Account, Special Deposit Fund, as of June 30, 2006
. . . (2,000,000)
8570-001-0001--For support of Department of Food and Agriculture .
.
. 63,208,000
Schedule:
(1) 11-Agricultural Plant and Animal, Pest and Disease Prevention
. . .
89,480,000
(2) 21-Marketing, Commodities, and Agricultural Services . . .
23,076,000
(3) 31-Assistance to Fairs and County Agricultural Activities . .
.
3,332,000
(4) 41.01-Executive, Management, and Administrative Services . . .
14,422,000
(5) 41.02-Distributed Executive, Management, and Administrative
Services . . . -13,237,000
(6) 97.20.001-Unallocated Reduction . . . -1,566,000
(7) Reimbursements . . . -7,322,000
(8) Amount payable from the Department of Agriculture Account,
Department of Agriculture Fund (Item 8570-001-0111) . . . -15,387,000
(9) Amount payable from the Fair and Exposition Fund (Item
8570-001-0191) . . . -3,643,000
(10) Amount payable from the Harbors and Watercraft Revolving Fund
(Item 8570-001-0516) . . . -1,241,000
(11) Amount payable from the Agriculture Building Fund (Item
8570-001-0601) . . . -1,439,000
(12) Amount payable from the Federal Trust Fund (Item
8570-0010890)
. . . -22,653,000
(13) Amount payable from the Agricultural Pest Control Research
Account (Item 8570-011-0112) . . . -5,000
(14) Amount payable from the Satellite Wagering Account (Item
8570-012-0192) . . . -609,000
Provisions:
1. Funds appropriated to Schedule (1) from Item 8570-001-0111 are
in
lieu of the appropriation provided by subdivision (b) of Section 224
of
the Food and Agricultural Code for emergency detection, eradication,
or
research of agricultural plant or animal pests or diseases.
Notwithstanding
provision (c) of Section 224 of the Food and Agricultural Code, any
unencumbered balance of these funds shall revert to the General Fund
on
June 30, 2006. Notwithstanding any other provision of law, up to an
additional $800,000 of the funds appropriated pursuant to subdivision
(c)
of Section 224 of the Food and Agricultural Code shall be available
for
use by the Department of Food and Agriculture for emergency projects
to augment Schedule (1) of this item. The Secretary of Food and
Agriculture may expend the funds identified in this provision upon
the
approval of the Director of Finance. The funds that are so
appropriated
are not subject to Section 26.00, 28.00, or 28.50 of this act.
2. Funds appropriated from Item 8570-001-0111 are in lieu of the
appropriation provided by subdivision (a) of Section 224 of the Food
and Agricultural Code. In addition, notwithstanding any other
provision of
law, of the funds appropriated pursuant to subdivision (c) of Section
224
of the Food and Agricultural Code, $650,000 shall be available for
use
by the Department of Food and Agriculture for departmental overhead
expenses.
3. Notwithstanding any other provision of law, of the funds
appropriated
pursuant to subdivision (c) of Section 224 of the Food and
Agricultural
Code, $179,000 shall be available for use by the Department of Food
and Agriculture for the County/State Liaison Director. The Secretary
of
Food and Agriculture may augment Schedule (3) of this item with the
approval of the Director of Finance. The funds that are so
appropriated
are not subject to Section 26.00, 28.00, or 28.50 of this
act.
4. New and renewed county work plans for red imported fire ant
eradication may include subcontracting relationships with private
entities if
the county board of supervisors determines by resolution that a
subcontracting relationship is both effective and cost-efficient and
the
secretary finds that approval of the subcontracting relationship will
not
compromise program goals, such as consistency, authority,
accountability, oversight, efficacy, safety, timeliness, and overall
program
costs.
8570-001-0111--For support of Department of Food and Agriculture,
for payment to Item 8570-001-0001, payable from the Department of
Agriculture Account, Department of Agriculture Fund . . . 15,387,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in
Government
Code Section 13332.18.
8570-001-0191--For support of Department of Food and Agriculture,
for payment to Item 8570-001-0001, payable from the Fair and
Exposition Fund . . . 3,643,000
8570-001-0516--For support of Department of Food and Agriculture,
for payment to Item 8570-001-0001, payable from the Harbors and
Watercraft Revolving Fund . . . 1,241,000
8570-001-0601--For support of Department of Food and Agriculture,
for payment to Item 8570-001-0001, payable from the Agriculture
Building Fund . . . 1,439,000
Provisions:
1. Funds appropriated in this item are in lieu of the
appropriation made
by Section 624 of the Food and Agricultural Code.
8570-001-0890--For support of Department of Food and Agriculture,
for payment to Item 8570-001-0001, payable from the Federal Trust
Fund . . . 22,653,000
Provisions:
1. The Department of Finance may authorize the augmentation of
this item
in an amount not to exceed a cumulative total of $1,500,000. Any
augmentation pursuant to this provision shall be made only if the
Department of Food and Agriculture has a valid federal contract or
grant.
These funds shall not be used for state or federal cooperative fruit
fly
eradication projects. The augmentations pursuant to this authority
are not
subject to Section 26.00 or 28.00 of this act.
2. The Director of Finance may authorize an augmentation of the
amount
available for activities pursuant to the federal Specialty Crop Block
Grant
from unexpended funds federally authorized for the program in 2002.
The
Secretary of Food and Agriculture shall submit a spending plan to the
Department of Finance for approval. The spending plan shall include,
at a
minimum, all of the following: (a) a detailed description and
schedule of
proposed expenditures by grant recipient, (b) a detailed list of
criteria
used to award grants and distribute funds, (c) an expenditure
timeline for
funds, and (d) a detailed description of any proposed hiring of state
employees or the use of consulting contracts using Specialty Crop
Block
Grant funds. No approval of a spending plan by the Department of
Finance shall be effective sooner than 30 days following transmittal
of the
plan to the Chairperson of the Joint Legislative Budget Committee.
8570-002-0001--For support of Department of Food and Agriculture,
for sterile Medfly release program in the Los Angeles Basin . . .
7,982,000
Schedule:
(1) 11-Agricultural Plant and Animal, Pest and Disease Prevention
. . .
8,105,000
(2) 97.20.001-Unallocated Reduction . . . -123,000
8570-003-0001--For support of Department of Food and Agriculture,
for rental payments on lease-revenue bonds . . . 1,593,000
Schedule:
(1) Base Rental and Fees . . . 1,612,000
(2) Insurance . . . 13,000
(3) Reimbursements . . . -32,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
8570-003-0111--For support of Department of Food and Agriculture,
for rental payments on lease-revenue bonds, payable from the
Department of Agriculture Account, Department of Agriculture Fund . .
.
40,000
Schedule:
(1) Base Rental . . . 40,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
8570-003-0601--For support of Department of Food and Agriculture,
for rental payments on lease-revenue bonds, payable from the
Agriculture
Building Fund . . . 223,000
Schedule:
(1) Base Rental . . . 221,000
(2) Insurance . . . 2,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
8570-004-0001--For transfer by the Controller to the Pierce's
Disease
Management Account . . . 4,341,000
Provisions:
1. Of the funds appropriated in this item, $4,341,000 shall be
deposited
in the Pierce's Disease Management Account in the Food and
Agricultural Fund and shall be available for expenditure without
regard to
fiscal year for the purpose of combating Pierce's disease and its
vectors.
8570-011-0112--For support of Department of Food and Agriculture,
for payment to Item
8570-001-0001, payable from the Agricultural Pest
Control Research Account . . . 5,000
Provisions:
1. The amount appropriated in this item includes revenues derived
from
the assessment of fines and penalties imposed as specified in
Government
Code Section 13332.18.
8570-011-0191--For transfer by the State Controller from the Fair
and
Exposition Fund to the General Fund, for health benefits for retired
employees of district agricultural associations . . . (246,000)
8570-011-0890--For transfer by the Controller from the Federal
Trust
Fund to the Pierce's Disease Management Account . . . 10,995,000
Provisions:
1. The funds appropriated in this item shall be deposited in the
Pierce's
Disease Management Account in the Food and Agricultural Fund and
shall be available for expenditure for the purpose of combating
Pierce's
disease and its vectors.
2. The Secretary of the Department of Food and Agriculture shall
authorize a one-time transfer of two hundred and fifty thousand
dollars
($250,000) from the Pierce's Disease Management Account to the
University of California's (UC) Cooperative Extension Service for use
in
making improvements to the Kern County Farm and Home Advisors
Program of the Office of the UC Cooperative Extension.
8570-012-0192--For support of Department of Food and Agriculture,
for payment to Item 8570-001-0001, payable from the Satellite
Wagering Account . . . 609,000
8570-101-0001--For local assistance, Department of Food and
Agriculture . . . 5,272,000
Schedule:
(1) 11-Agricultural Plant and Animal, Pest and Disease Prevention
. . .
5,272,000
(2) 31-Assistance to Fairs and County Agricultural Activities . .
.
1,333,000
(3) Amount payable from the Fair and Exposition Fund (Item
8570-101-0191) . . . -950,000
(4) Amount payable from the General Fund (Item 8570-111-0001) . .
.
-383,000
8570-101-0191--For local assistance, Department of Food and
Agriculture, for payment to Item 8570-101-0001, payable from the Fair
and Exposition Fund . . . 950,000
Provisions:
1. The funds appropriated in this item are for unemployment
insurance at
local fairs.
2. The funds appropriated in this item are for the contributions,
or the
cost of benefits in lieu of contributions, payable from the Fair and
Exposition Fund to the Unemployment Fund by all entities conducting
fairs, including county, district, combined county and district, and
citrus
fruit fairs receiving funds pursuant to Chapter 4 (commencing with
Section 19400) of Division 8 of the Business and Professions Code, as
a
result of unemployment insurance coverage pursuant to Section 605 of
the Unemployment Insurance Code.
8570-102-0001--For local assistance, Department of Food and
Agriculture . . . 760,000
Provisions:
1. The funds appropriated in this item are to be expended for the
purposes identified in Chapter 631 of the Statutes of 2004.
8570-111-0001--For local assistance, Department of Food and
Agriculture, for payment to Item 8570-101-0001 . . . 383,000
Provisions:
1. The funds appropriated in this item are also available for
compensation
for services performed for agricultural departments and are to be
expended in accordance with the provisions of Sections 2221 to 2224,
inclusive, of the Food and Agricultural Code.
8570-301-0042--For capital outlay, Department of Food and
Agriculture, payable from the State Highway Account, State
Transportation Fund . . . 5,640,000
Schedule:
(1) 90.18.001-Relocation: Yermo Agri- culture Inspection
Station--Acquisition, preliminary plans, and construction . . .
5,640,000
8570-301-0660--For capital outlay, Department of Food and
Agriculture, payable from the Public Buildings Construction Fund . .
.
17,556,000
Schedule:
(1) 90.18.001-Relocation: Yermo Agri- culture Inspection
Station--Construction . . . 17,556,000
Provisions:
1. The State Public Works Board may issue lease- revenue bonds,
notes,
or bond anticipation notes pursuant to Chapter 5 (commencing with
Section 15830) of Part 10b of Division 3 of Title 2 of the Government
Code to finance the acquisition, design, and construction of the
projects
authorized by this item.
2. The State Public Works Board and the Depart- ment of Food and
Agriculture may obtain in- terim financing for the project costs
authorized
in this item from any appropriate source, including, but not limited
to, the
Pooled Money Investment Account pursuant to Sections 16312 and
16313 of the Government Code.
3. The State Public Works Board may authorize the augmentation of
the
costs of acquisition, design, and construction of the projects
scheduled in
this item pursuant to the board's authority under Section 13332.11 of
the
Government Code. In addition, the State Public Works Board may
authorize any additional amount necessary to establish a reasonable
construction reserve and to pay the cost of financing, including the
payment of interest during construction of the project, the cost of
issuance of permanent financing for the project. This additional
amount
may include interest payable on any interim financing obtained.
4. The Department of Food and Agriculture is au- thorized and
directed
to execute and deliver any and all leases, contracts, agreements, or
other
documents necessary or advisable to consummate the financing of the
projects authorized in this item.
5. The State Public Works Board shall not be deemed a lead or
responsible agency for pur- poses of the California Environmental
Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) for any activities under the State Building
Construction
Act of 1955 (Part 10b (commencing with Section 15800) of Division 3
of Title 2 of the Government Code). This provision does not exempt
the
Department of Food and Agriculture from the requirements of the
California Environmental Quality Act. This provision is intended to
be
declarative of existing law.
8570-401--For support of Department of Food and Agriculture:
Notwithstanding any other provision of law, $2,900,000 of the funds
appropriated pursuant to subdivision (c) of Section 224 of the Food
and
Agricultural Code shall be allocated to counties in a manner
prescribed
by the secretary for pest detection/trapping programs. These funds
are
intended to supplement funds available for pest detection/trapping in
Item
8570-101-0001. As a condition of receiving these funds, counties
shall
not reduce their level of support from any other funds for pest
detection/trapping programs. If a county declines to participate in a
pest
detection/trapping pro gram, or fails to conduct the program to the
state's
satisfaction, the secretary shall reduce, by the amount that would
otherwise be allocated to the county, funds available pursuant to
subdivision (c) of Section 224 and other state allocations from Item
8570-101-0001. These funds are hereby appropriated to the
Department of Food and Agriculture Item 8570-001-0001 and Item
8570-001-0111 for purposes of operating the pest detection/trapping
programs in the counties.
8570-402--For local assistance, Department of Food and
Agriculture:
The remaining funds available pursuant to subdivision (c) of Section
224
of the Food and Agricultural Code, after allocation in accordance
with
Item 8570-401 and Provisions 1 and 2 of Item 8570-001-0001, shall be
apportioned to the counties as follows: in relation to each county's
expenditures to the total amount expended by all counties for the
preceding fiscal year for agricultural programs that are supervised
by the
department and for pesticide use enforcement programs supervised by
the Department of Pesticide Regulation. This item shall not be
effective if
a later enacted statute amends subdivision (c) of Section 224 of the
Food
and Agricultural Code.
8570-403--For Department of Food and Agriculture. Notwithstanding
any other provision of law, 30 days prior to the Department of Food
and
Agriculture's entering into interim financing or long-term financing,
including bond agreements, pursuant to Article 9 (commencing with
Section 19590) of Chapter 4 of Division 8 of the Business and
Professions Code, the department shall submit a report to the
Chairperson of the Joint Legislative Budget Committee with copies to
the
Chairpersons of Senate Budget and Fiscal Review Subcommittee No. 2,
Assembly Budget Subcommittee No. 3, the Senate Select Committee on
Fairs and Rural Issues, the Subcommittee on Fairs and Expositions of
the
Assembly Committee on Agriculture, and the Department of Finance.
The report shall list: (a) proposed individual satellite wagering
expansion
projects at fairs, (b) costs for constructing, operating, and
maintaining
individual satellite wagering projects, (c) net revenue projections
for
individual satellite wagering projects, and (d) projected effect on
net
Satellite Wagering Account revenue resulting from individual
satellite
wagering projects and satellite wagering-related projects.
Additional
notification is not required for financing proposals unless
refinancing will
result in the expenditure of additional funds, in which case the
report shall
include the above-requested information relating only to the new
debt.
Reporting shall be required only for satellite wagering projects that
are
funded by interim financing or long-term financing, including bond
agreements.
8570-404--Notwithstanding Provision 1 of Item 8570-112-0111,
Budget Act of 2002, the $15,000,000 loan authorized, shall be fully
repaid to the Agriculture Fund by October 1, 2005. This loan shall be
repaid with interest calculated at the rate earned by the Pooled
Money
Investment Account at the time of the transfer. The Controller shall,
within
15 working days of receipt of written notification from the
Department of
Finance, transfer from the General Fund to the Agriculture Fund the
full
amount of the loan or increments thereof as requested by the
Department
of Finance. The Department of Finance shall, within 30 days of
receipt of
written notification documenting the need of the loan repayment from
the
Department of Food and Agriculture, provide written notification to
the
Controller notifying the State Controller of the amount to be
transferred
from the General Fund to the Agriculture Fund. The Department of Food
and Agriculture may request through the Department of Finance an
incremental repayment of the loan prior to October 1, 2005. A fee or
assessment may not be increased by the Department of Food and
Agriculture as a result of the loan.
8570-490--Reappropriation, Department of Food and Agriculture. The
balance of the appropriations provided in the following citations is
reappropriated for the purposes and subject to the limitations,
unless
otherwise specified, provided for in the appropriations:
0042--State Highway Account
(1) Item 8570-301-0042, Budget Act of 2002 (Ch. 379, Stats. 2002),
as reappropriated by Item 8570-490, Budget Act of 2003 (Ch. 157,
Stats. 2003) and Item 8570-490, Budget Act of 2004 (Ch. 208, Stats.
2004)
(1) 90.18.001-Relocation: Yermo Agriculture Inspection
Station--Working drawings and construction
8570-496--Reversion, Department of Food and Agriculture.
Notwithstanding any other provision of law, the unencumbered balance
as of June 30, 2005, of the appropriation provided for in the
following
citation shall revert to the fund balance of the fund from which the
appropriation was made:
0660--Public Buildings Construction Fund
(.5) Item 8570-301-0660, Budget Act of 2002 (Ch. 379, Stats.
2002),
as reappropriated by Item 8570-490, Budget Act of 2003 (Ch. 157,
Stats. 2003) and Item 8570-490, Budget Act of 2004 (Ch. 208, Stats.
2004)
(1) 90.18.001-Relocation: Yermo Agriculture Inspection
Station--Working drawings and construction
(1) Item 8570-301-0660, Budget Act of 2003 (Ch. 157, Stats. 2003),
as partially reappropriated by Item 8570-490, Budget Act of 2004 (Ch.
208, Stats. 2004)
(1) 90.19.010-Hawaii Medfly Rearing Facility--Working drawings and
construction
8620-001-0001--For support of Fair Political Practices Commission
. . .
1,911,000
Schedule:
(1) 10.10-Local enforcement . . . 714,000
(2) 10.20-Legal, technical assistance and state enforcement . . .
1,228,000
(3) 97.20.001-Unallocated Reduction . . . -31,000
8640-001-0001--For support of Political Reform Act of 1974, the
following sums are appropriated to, and in augmentation of, the
following
agencies and officers for the administration, investigation and
regulation of
political campaigns, officials, and lobbyists . . . 2,520,000
Schedule:
(1) 10-Secretary of State . . . 790,000
For transfer by the State Controller to Item 0890-001-0001 as
follows:
(1) Personal Services . . . (565,000)
(2) Operating expenses and equipment . . . (225,000)
(2) 20-Franchise Tax Board . . . 1,522,000
For transfer by the State Controller to Item 1730-001-0001 as
follows:
(3) 30-Political Reform Audit . . . (1,522,000)
(3) 30-Department of Justice . . . 216,000
For transfer by the State Controller to Item 0820-001-0001 as
follows:
(7) 40-Criminal Law . . . (78,000)
(9) 50-Law Enforcement . . . (138,000)
(4) 40-Fair Political Practices Commission . . . (3,693,000)
(5) Reimbursements . . . -8,000
For transfer by the State Controller to Item 0890-001-0001
Provisions:
1. The Controller shall transfer funds as specified above,
including any
allocations made by the Department of Finance, on January 1, 2006.
8660-001-0042--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the State Highway
Account, State Transportation Fund . . . 2,538,000
8660-001-0046--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the Public
Transportation Account, State Transportation Fund . . . 2,436,000
8660-001-0412--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the Transportation Rate
Fund . . . 2,284,000
8660-001-0461--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the Public Utilities
Commission Transportation Reimbursement Account . . . 8,785,000
Provisions:
1. Of the amount appropriated in this item, $100,000 shall be used
by the
Public Utilities Commission to constitute a working group, including
experts from the railroad industry, railroad employee groups, the
federal
government, and public safety and emergency response agencies, in
order
to provide a report to the Legislature by April 1, 2006, identifying
safety
problems or concerns and making recommendations for improvement in
the following areas:
(a) Threats from vandalism or terrorism.
(b) Deficiencies in current land use planning affecting rail
safety.
(c) Deficiencies in rail emergency response.
8660-001-0462--For support of Public Utilities Commission, payable
from the Public Utilities Commission Utilities Reimbursement Account
. . .
55,824,000
Schedule:
(1) 10-Regulation of Utilities . . . 88,887,000
(2) 15-Universal Service Telephone Programs . . . 858,035,000
(3) 20-Regulation of Transportation . . . 16,043,000
(4) 30.01-Administration . . . 16,341,000
(5) 30.02-Distributed Administration . . . -16,341,000
(6) Reimbursements . . . -8,784,000
(6.5) Reimbursement to the Office of Ratepayer Advocates . . .
-3,848,000
(7) Amount payable from the State Highway Account, State
Transportation Fund (Item 8660-001-0042) . . . -2,538,000
(8) Amount payable from the Public Transportation Account, State
Transportation Fund (Item 8660-001-0046) . . . -2,436,000
(9) Amount payable from the Transportation Rate Fund (Item
8660-001-0412) . . . -2,284,000
(10) Amount payable from the Public Utilities Commission
Transportation
Reimbursement Account (Item 8660-001-0461) . . . -8,785,000
(11) Amount payable from California High-Cost Fund-A
Administrative
Committee Fund (Item 8660-001-0464) . . . -42,695,000
(12) Amount payable from California High-Cost Fund-B
Administrative
Committee Fund (Item 8660-001-0470) . . . -447,114,000
(13) Amount payable from Universal Lifeline Telephone Service
Trust
Administrative Committee Fund (Item 8660-001-0471) . . .
-277,394,000
(14) Amount payable from Deaf and Disabled Telecommunications
Program Administrative Committee Fund (Item 8660-001-0483) . . .
-69,580,000
(15) Amount payable from Payphone Service Providers Committee Fund
(Item 8660-001-0491) . . . -931,000
(16) Amount payable from California Teleconnect Fund
Administrative
Committee Fund (Item 8660-001-0493) . . . -20,321,000
(17) Amount payable from the Federal Trust Fund (Item
8660-001-0890) . . . -1,052,000
(18) Amount payable from the Public Utilities Commission Ratepayer
Advocate Account (Item 8660-001-3089) . . . -19,379,000
Provisions:
1. The Public Utilities Commission shall require any public
utility
requesting a merger to reimburse the commission for those necessary
expenses that the commission incurs in its consideration of the
proposed
merger.
8660-001-0464--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the California High-Cost
Fund-A Administrative Committee Fund . . . 42,695,000
Provisions:
1. Of the amount appropriated in this item, up to $373,000 shall
be used
by the Public Utilities Commission to fund administrative and
staffing
costs for the California High-Cost Fund-A Administrative Committee
Program.
8660-001-0470--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the California High-Cost
Fund-B Administrative Committee Fund . . . 447,114,000
Provisions:
1. Of the amount appropriated in this item, up to $1,304,000 shall
be
used by the Public Utilities Commission to fund administrative and
staffing
costs for the California High-Cost Fund-B Administrative Committee
Program.
8660-001-0471--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the Universal Lifeline
Telephone Service Trust Administrative Committee Fund . . .
277,394,000
Provisions:
1. Of the amount appropriated in this item, up to $1,255,000 shall
be
used by the Public Utilities Commission to fund administrative and
staffing
costs for the Universal Lifeline Telephone Service Trust
Administrative
Committee Program.
2. Of the amount appropriated in this item, up to $6,000,000 shall
be
used to pay carrier claims from the prior fiscal year.
8660-001-0483--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the Deaf and Disabled
Telecommunications Program Administrative Committee Fund . . .
69,580,000
Provisions:
1. Of the amount appropriated in this item, up to $483,000 shall
be used
by the Public Utilities Commission to fund administrative and
staffing
costs for the Deaf and Disabled Telecommunications Administrative
Committee Program.
8660-001-0491--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the Payphone Service
Providers Committee Fund . . . 931,000
Provisions:
1. Of the amount appropriated in this item, up to $502,000 shall
be used
by the Public Utilities Commission to fund administrative and
staffing
costs for the Payphone Service Providers Committee Program.
8660-001-0493--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the California
Teleconnect Fund Administrative Committee Fund . . . 20,321,000
Provisions:
1. Of the amount appropriated in this item, up to $68,000 shall be
used
by the Public Utilities Commission to fund administrative and
staffing
costs for the California Teleconnect Fund Administrative Committee
Program.
8660-001-0890--For support of Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the Federal Trust Fund .
. . 1,052,000
8660-001-3089--For support of the Public Utilities Commission, for
payment to Item 8660-001-0462, payable from the Public Utilities
Commission Ratepayer Advocate Account . . . 19,379,000
8660-003-0412--For support of Public Utilities Commission for
rental
payments on lease-revenue bonds, payable from the Transportation Rate
Fund . . . 151,000
Schedule:
(1) Base Rental . . . 151,000
(2) Insurance . . . 2,000
(3) Reimbursements . . . -2,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
8660-003-0461--For support of Public Utilities Commission for
rental
payments on lease-revenue bonds, payable from the Public Utilities
Commission Transportation Reimbursement Account . . . 553,000
Schedule:
(1) Base Rental and Fees . . . 553,000
(2) Insurance . . . 7,000
(3) Reimbursements . . . -7,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise may be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
8660-003-0462--For support of Public Utilities Commission for
rental
payments on lease-revenue bonds, payable from the Public Utilities
Commission Utilities Reimbursement Account . . . 4,334,000
Schedule:
(1) Base Rental and Fees . . . 4,327,000
(2) Insurance . . . 58,000
(3) Reimbursements . . . -51,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise may be
needed to ensure debt requirements are met.
2. This item may contain adjustments pursuant to Control Section
4.30
that are not currently reflected. Any adjustments to this item shall
be
reported to the Joint Legislative Budget Committee pursuant to
Control
Section 4.30.
8660-011-0462--For transfer by the Controller from the Public
Utilities
Commission Utilities Reimbursement Account to the Public Utilities
Commission Ratepayer Advocate Account, as prescribed by subdivision
(f) of Section 309.5 of the Public Utilities Code . . . (19,379,000)
8690-001-0217--For support of Seismic Safety Commission, payable
from the Insurance Fund . . . 1,022,000
Schedule:
(1) 10-Seismic Safety Commission . . . 1,097,000
(2) Reimbursements . . . -75,000
8770-001-0462--For support of Electricity Oversight Board, payable
from the Public Utilities Commission Utilities Reimbursement Account
. . .
3,338,000
Schedule:
(1) 30-Administration . . . 3,850,000
(2) Amount payable from the Energy Resources Programs Account
(Item
8770-001-0465) . . . -512,000
8770-001-0465--For support of Electricity Oversight Board, for
payment to Item 8770-001-0462, payable from the Energy Resources
Programs Account . . . 512,000
8780-001-0001--For support of Milton Marks "Little Hoover"
Commission on California State Government Organization and Economy
. . . 941,000
Schedule:
(1) 10-Milton Marks Commission on California State Government
Organization and Economy . . . 958,000
(2) 97.20.001-Unallocated Reduction . . . -15,000
(3) Reimbursements . . . -2,000
8820-001-0001--For support of Commission on the Status of Women .
. . 436,000
Schedule:
(1) 10-Administration, Legislation, Research and Information . . .
438,000
(3) Reimbursements . . . -2,000
8830-001-0001--For support of California Law Revision Commission .
.
. 685,000
Schedule:
(1) 10-Law Revision Commission . . . 700,000
(2) Reimbursements . . . -15,000
8840-001-0001--For support of the California Commission on Uniform
State Laws . . . 149,000
8855-001-0001--For support of Bureau of State Audits, for transfer
to
the State Audit Fund . . . 14,232,000
Schedule:
(1) 10-State Auditor . . . 14,232,000
8860-001-0001--For support of Department of Finance . . .
34,542,000
Schedule:
(1) 10-Annual Financial Plan . . . 19,139,000
(2) 20-Program and Information System Assessments . . . 15,361,000
(3) 30-Supportive Data . . . 14,284,000
(4) 40.01-Administration . . . 5,742,000
(5) 40.02-Distributed Administration . . . -5,742,000
(6) 97.20.001-Unallocated Reduction . . . -520,000
(7) Reimbursements . . . -13,722,000
Provisions:
1. The funds appropriated in this item for CALSTARS shall be
transferred by the Controller, upon order of the Director of Finance,
or
made available by the Department of Finance as a reimbursement, to
other items and departments for CALSTARS-related activities by the
Department of Finance.
2. The funds appropriated in this act for purposes of
CALSTARS-related data-processing costs may be transferred between
any items in this act by the Controller upon order of the Director of
Finance. Any funds so transferred shall be used only for support of
CALSTARS-related data-processing costs incurred.
3. Notwithstanding any other provision of law, the Director of
Finance
may authorize a loan from the General Fund to the Department of
Finance for the
purpose of meeting operational cashflow obligations for
the 2005-06 fiscal year. The loan shall not exceed the estimated
amount
of uncollected reimbursements for the final quarter of the fiscal
year.
4. From the funds appropriated in Schedule 3 for the purpose of
evaluating and continuing development and enhancement of the
Governor's Budget Presentation System (GBPS), the following
provisions
apply:
(a) From time to time, but no later than December 1 of each year,
the
Department of Finance shall update the Legislature on anticipated
changes to the GBPS. In addition, the Department of Finance shall (1)
no
later than the approximate same time the Governor's Budget is
formally
presented in electronic or any other Web-based form, provide printed
and bound hard copies of the Governor's Budget and Governor's Budget
Summary as follows: to the Legislative Analyst Office--45 copies, the
Office of the Legislative Counsel--six copies, offices of the Members
of
the Legislature--120 copies, and the fiscal committees of the
Legislature--60 copies, and (2) no later than four weeks after the
Governor's Budget is formally presented in electronic or any other
Web-based form, 135 printed and bound hard copies of the Governor's
Budget and Governor's Budget Summary shall be provided as follows:
two copies to the State Library, to ensure that the State Librarian
maintains at least one public copy and one for the permanent research
collections, and 133 copies: one copy to each depository public
library in
the state. Additional copies, either bound or unbound, shall be
available
for purchase by the public based on the cost of producing the
documents
requested.
(b) Notwithstanding any other provision of law, the Department of
Finance may amend its existing contract with the Web-development firm
to augment and continue consulting services until June 30, 2006, for
the
purpose of providing continuity of services and avoiding delays in
producing the Governor's Budget.
5. It is the intent of the Legislature that newly reorganized
departmental
entities maintain effective systems of internal accounting and
administrative
control as an integral part of their management practices. Not less
than
$1,150,000 in this item shall be used for the purpose of assessing
and
strengthening the systems of internal accounting and administrative
control
to minimize fraud, errors, abuse, and waste of government funds
within
any department or agency reorganized in the 2005-06 legislative
session.
The Department of Finance shall report to the fiscal committees of
each
house of the Legislature by December 1, 2005, on its preliminary
review
of the reorganized departmental entities, with a final report due no
later
than April 15, 2006.
6. Expenditure of funds in this item for the Budget Information
System
(BIS) is contingent upon submission of an approved Feasibility Study
Report for the BIS project to the Legislature and a 45-day review
period.
7. The Department of Finance shall evaluate the current mandates
reimbursement process and provide alternatives and suggest
improvements to the process to the chairperson of the fiscal
committees
of each house of the Legislature and to the Chairperson of the Joint
Legislative Budget Committee not later than March 1, 2006.
8885-001-0001--For support of Commission on State Mandates . . .
1,629,000
Schedule:
(1) 10-Commission on State Mandates . . . 1,658,000
(2) 97.20.001-Unallocated Reduction . . . -29,000
Provisions:
1. In the case where the commission receives one or more county
applications for a finding of significant financial distress pursuant
to
Section 17000.6 of the Welfare and Institutions Code, notwithstanding
the provisions of Section 17000.6 of the Welfare and Institutions
Code,
the time limit imposed on the commission to reach its preliminary and
final
decisions shall be tolled until such time as the commission has
received an
appropriation from the Legislature to carry out its duties as
prescribed in
Section 17000.6 of the Welfare and Institutions Code.
8885-295-0001--For local assistance for reimbursement, in
accordance
with the provisions of Section 6 of Article XIII B of the California
Constitution or Section 17561 of the Government Code, of the costs of
any new program or increased level of service of an existing program
mandated by statute or executive order, for disbursement by the State
Controller for claims for costs incurred in the 2004-05 and 2005-06
fiscal years . . . 119,364,000
Schedule:
(1) For payment of the following mandate claims for the 2004-05
fiscal
years . . . 73,156,000
(a) Crime Victim Rights (Ch. 411, Stats. 1995) (CSM-96-358-03)
(b) Threats Against Peace Officers (Ch. 1249, Stats. 1992 and
Ch.
666, Stats. 1995) (CSM-96-365-02)
(c) Child Abduction and Recovery (Ch. 1399, Stats. 1976; Ch.
162,
Stats. 1992; and Ch. 988, Stats. 1996) (CSM-4237)
(d) Stolen Vehicle Notification (Ch. 337, Stats. 1990)
(CSM-4403)
(e) Absentee Ballots (Ch. 77, Stats. 1978) (CSM-3713)
(f) Permanent Absent Voters (Ch. 1422, Stats. 1982) (CSM-4358)
(g) Voter Registration Procedures (Ch. 704, Stats. 1975)
(04-LM-04)
(h) Absentee Ballots II-Tabulation by Precinct (Ch. 697,
Stats. 1999)
(00-TC-08)
(i) Brendan McGuire Act (Ch. 391, Stats. 1988) (CSM-4357)
(k) Medi-Cal Beneficiary Death Notices (Ch. 102 and 1163,
Stats.
1981) (CSM-4032)
(l) Pacific Beach Safety (Ch. 961, Stats. 1992) (CSM-4432)
(m) Perinatal Services (Ch. 1603, Stats. 1990) (CSM-4397)
(n) AIDS/Search Warrant (Ch. 1088, Stats. 1988) (CSM-4392)
(o) Mentally Retarded Defendants Representation (Ch. 1253,
Stats.
1980) (04-LM-12)
(p) Judicial Proceedings (Ch. 644, Stats. 1980) (CSM-4366)
(q) Conservatorship: Developmentally Disabled Adults (Ch.
1304,
Stats. 1980) (04-LM-13)
(r) Developmentally Disabled Attorneys Services (Ch. 694,
Stats.
1975) (04-LM-03)
(s) Coroners Costs (Ch. 498, Stats. 1977) (04-LM-07)
(t) Not Guilty by Reason of Insanity II (Ch. 1114, Stats.
1979)
(CSM-2753)
(u) Mentally Disordered Offenders' Extended Commitments (Ch.
1038, Stats. 1978) (98-TC-09)
(v) Sexually Violent Predators (Ch. 762 and 763, Stats. 1995)
(CSM-4509)
(w) Mentally Disordered Sex Offenders Recommitments (Ch. 1036,
Stats. 1978) (04-LM-09)
(x) Domestic Violence Treatment Services (Ch. 183, Stats.
1992)
(CSM-96-281-01)
(y) Police Officer's Cancer Presumption (Ch. 1171, Stats.
1989)
(CSM-4416)
(z) Firefighter's Cancer Presumption (Ch. 1568, Stats. 1982)
(CSM-4081)
(aa) Domestic Violence Arrest Policies (Ch. 246, Stats. 1995)
(CSM-96-362-02)
(bb) Animal Adoption (Ch. 752, Stats. 1998) (98-TC-11)
(cc) Unitary Countywide Tax Rates (Ch. 921, Stats. 1987)
(CSM-4355 and CSM-4317)
(dd) Senior Citizens Property Tax Deferral (Ch. 1242, Stats.
1977)
(CSM-4359)
(ee) Allocation of Property Tax Revenues (Ch. 697, Stats.
1992)
(CSM-4448)
(ff) Photographic Record of Evidence (Ch. 875, Stats. 1985)
(98-TC-07)
(gg) Rape Victim Counseling (Ch. 999, Stats. 1991) (CSM-4426)
(hh) Health Benefits for Survivors-Peace Officers Firefighters
(Ch.
1120, Stats. 1996) (97-TC-25)
(ii) Open Meetings Act/Brown Act Reform (Ch. 641, Stats. 1986)
(CSM-4469 and CSM 4257)
(2) For payment of the following mandate claims for the 2005-06
fiscal
year . . . 46,208,000
(a) Crime Victim Rights (Ch. 411, Stats. 1995) (CSM-96-358-03)
(b) Threats Against Peace Officers (Ch. 1249, Stats. 1992 and
Ch.
666, Stats. 1995) (CSM-96-365-02)
(c) Child Abduction and Recovery (Ch. 1399, Stats. 1976; Ch.
162,
Stats. 1992; and Ch. 988, Stats. 1996) (CSM-4237)
(d) Stolen Vehicle Notification (Ch. 337, Stats. 1990)
(CSM-4403)
(e) Absentee Ballots (Ch. 77, Stats. 1978) (CSM-3713)
(f) Permanent Absent Voters (Ch. 1422, Stats. 1982) (CSM-4358)
(g) Voter Registration Procedures (Ch. 704, Stats. 1975)
(04-LM-04)
(h) Absentee Ballots II-Tabulation by Precinct (Ch. 697,
Stats. 1999)
(00-TC-08)
(i) Brendan McGuire Act (Ch. 391, Stats. 1988) (CSM-4357)
(j) Medi-Cal Beneficiary Death Notices (Ch. 102 and 1163,
Stats.
1981) (CSM-4032)
(k) Pacific Beach Safety (Ch. 961, Stats. 1992) (CSM-4432)
(l) Perinatal Services (Ch. 1603, Stats. 1990) (CSM-4397)
(m) AIDS/Search Warrant (Ch. 1088, Stats. 1988) (CSM-4392)
(n) Mentally Retarded Defendants Representation (Ch. 1253,
Stats.
1980) (04-LM-12)
(o) Judicial Proceedings (Ch. 644, Stats. 1980) (CSM-4366)
(p) Conservatorship: Developmentally Disabled Adults (Ch.
1304,
Stats. 1980) (04-LM-13)
(q) Developmentally Disabled Attorneys Services (Ch. 694,
Stats.
1975) (04-LM-03)
(r) Coroners Costs (Ch. 498, Stats. 1977) (04-LM-07)
(s) Not Guilty by Reason of Insanity II (Ch. 1114, Stats.
1979)
(CSM-2753)
(t) Mentally Disordered Offenders' Extended Commitments (Ch.
1038, Stats. 1978) (98-TC-09)
(u) Sexually Violent Predators (Ch. 762 and 763, Stats. 1995)
(CSM-4509)
(v) Mentally Disordered Sex Offenders Recommitments (Ch. 1036,
Stats. 1978) (04-LM-09)
(w) Domestic Violence Treatment Services (Ch. 183, Stats.
1992)
(CSM-96-281-01)
(x) Police Officer's Cancer Presumption (Ch. 1171, Stats.
1989)
(CSM-4416)
(y) Firefighter's Cancer Presumption (Ch. 1568, Stats. 1982)
(CSM-4081)
(z) Domestic Violence Arrest Policies (Ch. 246, Stats. 1995)
(CSM-96-362-02)
(aa) Animal Adoption (Ch. 752, Stats. 1998) (98-TC-11)
(bb) Unitary Countywide Tax Rates (Ch. 921, Stats. 1987)
(CSM-4355 and CSM-4317)
(cc) Senior Citizens Property Tax Deferral (Ch. 1242, Stats.
1977)
(CSM-4359)
(dd) Allocation of Property Tax Revenues (Ch. 697, Stats.
1992)
(CSM-4448)
(ee) Photographic Record of Evidence (Ch. 875, Stats. 1985)
(98-TC-07)
(ff) Rape Victim Counseling (Ch. 999, Stats. 1991) (CSM-4426)
(gg) Health Benefits for Survivors-Peace Officers Firefighters
(Ch.
1120, Stats. 1996) (97-TC-25)
(3) Pursuant to the provisions of Section 17581 of the Government
Code, the mandates identified in the following schedule are
specifically
identified by the Legislature for suspension during the 2005-06
fiscal year
. . . 0
(a) Grand Jury Proceedings (Ch. 1170, Stats. 1996) (98-TC-27)
(b) Sex Crime Confidentiality (Ch. 36, Stats. 1994, 1st Ex.
Sess.)
(98-TC-21)
(c) Deaf Teletype Equipment (Ch. 1032, Stats. 1980) (04-LM-11)
(d) Sex Offenders: Disclosure by Law Enforcement Officers (Ch.
908
and 909, Stats. 1996) (97-TC-15)
(e) Missing Persons Report (Ch. 1456, Stats. 1988, and Ch. 59,
Stats. 1993) (CSM-4255, CSM-4484, and CSM-4368)
(g) Presidential Primaries (Ch. 18, Stats. 1999) (99-TC-04)
(h) Handicapped Voter Access Information (Ch. 494, Stats.
1979)
(CSM-4363)
(i) Substandard Housing (Ch. 238, Stats. 1974) (CSM-4303)
(j) Adult Felony Restitution (Ch. 1123, Stats. 1977)
(04-LM-08)
(k) Airport Land Use Commissions/Plans (Ch. 644, Stats. 1994)
(CSM-4507)
(m) Very High Fire Hazard Severity Zones (Ch. 1188, Stats.
1992)
(97-TC-13)
(n) Local Coastal Plans (Ch. 1330, Stats. 1976) (CSM-4431)
(o) SIDS Training for Peace Officers (Ch. 1111, Stats. 1989)
(CSM-4412)
(p) SIDS: Contacts by Local Health Officers (Ch. 268, Stats.
1991)
(CSM-4424)
(q) SIDS Autopsies (Ch. 955, Stats. 1989) (CSM-4393)
(r) Inmate AIDS Testing (Ch. 1597, Stats. 1988) (CSM-4369)
(s) SIDS Notices (Ch. 453, Stats. 1974) (04-LM-01)
(t) Guardianship/Conservatorship Filings (Ch. 1357, Stats.
1976)
(04-LM-15)
(x) Victims' Statements-Minors (Ch. 332, Stats. 1981)
(04-LM-14)
(y) Extended Commitment, Youth Authority (Ch. 267, Stats.
1998)
(98-TC-13)
(z) Prisoner Parental Rights (Ch. 820, Stats. 1991) (CSM-4427)
(aa) Structural and wildland firefighter safety clothing and
equipment (8
Cal. Code Regs. 3401 to 3410, incl.) (CSM-4261-4281)
(bb) Personal Alarm Devices (8 Cal. Code Regs. 3401(c))
(CSM-4087)
(cc) Law Enforcement Sexual Harassment Training (Ch. 126,
Stats.
1993) (97-TC-07)
(dd) Elder Abuse, Law Enforcement Training (Ch. 444, Stats.
1997)
(98-TC-12)
(ee) Redevelopment Agencies (Ch. 39, Stats. 1998) (88-TC-06)
(ff) Mandate Reimbursement Process (Ch. 486, Stats. 1975)
(CSM-4485)
(gg) Filipino Employee Surveys (Ch. 845, Stats. 1978)
(CSM-2142)
(hh) Domestic Violence Information (Ch. 1609, Stats. 1984)
(CSM-4222)
(ii) Pocket Masks (Ch. 1334, Stats. 1987) (CSM-4291)
Provisions:
1. The mandate identified in the following schedule is
specifically identified
by the Legislature for deferral of payment for costs incurred during
the
2004-05 and 2005-06 fiscal years:
(a) Public Safety Officers' Procedural Bill of Rights (PSOPBR)
(Ch. 675,
Stats. 1990) (CSM-4499)
2. If the amount in Schedule (1) is insufficient to pay claims for
costs
incurred to carry out the cited state mandates in the 2004-05 fiscal
year,
the State Controller shall notify the Director of Finance of the
amount of
the deficiency and, with the approval of the director, augment the
amount
in Schedule (1) from the unencumbered balance of Schedule (2) to pay
those claims. If the Controller determines that excess funds will
remain
available from Schedule (1) after all 2004-05 claims are paid, then
the
Controller, with the approval of the director, may augment the amount
in
Schedule (2) from the unencumbered balance of the amount provided in
Schedule (1). The director shall notify the Chairperson of the Joint
Legislative Budget Committee and the chairpersons of the fiscal
committees in each house of the Legislature prior to authorizing any
augmentation pursuant to this provision.
3. Allocations of funds provided in this item to the appropriate
local
entities shall be made by the Controller in accordance with the
provisions
of each statute or executive order that mandates the reimbursement of
the
costs, and shall be audited to verify the actual amount of the
mandated
costs in accordance with subdivision (d) of Section 17561 of the
Government Code. Funds appropriated in this item may be used to
provide reimbursement pursuant to Article 5 (commencing with Section
17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government
Code.
8885-295-0042--For local assistance, Department of Transportation,
for
reimbursement, in accordance with the provisions of Section 6 of
Article
XIII B of the California Constitution or Section 17561 of the
Government
Code, of the costs of any new program or increased level of service
of an
existing program mandated by statute or executive order, for
disbursement by the State Controller . . . 0
Schedule:
(1) 98.01.064-Airport Land Use Commission/Plans (Ch. 644, Stats.
1994) (CSM-4507) . . . 0
Provisions:
1. Allocations of funds provided in this item to the appropriate
local
entities shall be made by the State Controller in accordance with the
provisions of each statute or executive order that mandates the
reimbursement of the costs, and shall be audited to verify the actual
amount of the mandated costs in accordance with subdivision (d) of
Section 17561 of the Government Code. Audit adjustments to prior year
claims may be paid from this item. Funds appropriated in this item
may be
used to provide reimbursement pursuant to Article 5 (commencing with
Section 17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
2. Pursuant to Section 17581 of the Government Code, mandates
identified in the appropriation schedule of this item with an
appropriation
of $0 and included in the language of this provision are specifically
identified by the Legislature for suspension during the 2005-06
fiscal year:
(1) Airport Land Use Commissions/Plans (Ch. 644, Stats. 1994)
(CSM-4507)
8885-295-0044--For local assistance, Department of Motor Vehicles,
payable from the Motor Vehicle Account, State Transportation Fund,
for
reimbursement, in accordance with the provisions of Section 6 of
Article
XIII B of the California Constitution or Section 17561 of the
Government
Code, of the costs of any new program or increased level of service
of an
existing program mandated by statute or executive order, for
disbursement by the State Controller . . . 1,506,000
Schedule:
(1) 98.00.146.089-Administrative License Suspension, Per Se (Ch.
1460, Stats. 1989) (98-TC-16) . . . 1,506,000
Provisions:
1. Allocations of funds provided in this item to the appropriate
local
entities shall be made by the State Controller in accordance with the
provisions of each statute or executive order that mandates the
reimbursement of the costs, and shall be audited to verify the actual
amount of the mandated costs in accordance with subdivision (d) of
Section 17561 of the Government Code. Audit adjustments to prior year
claims may be paid from this item. Funds appropriated in this item
may be
used to provide reimbursement pursuant to Article 5 (commencing with
Section 17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
8885-295-0106--For local assistance, Department of Pesticide
Regulation, payable from the Department of Pesticide Regulation Fund
for reimbursement, in accordance with the provisions of Section 6 of
Article XIII B of the California Constitution or Section 17561 of the
Government Code, of the costs of any new program or increased level
of
service of an existing program mandated by statute or executive
order,
for disbursement by the State Controller . . . 157,000
Schedule:
(1) 98.01.120.089-Pesticide Use Reports (Ch. 1200, Stats. 1989)
(CSM-4420) . . . 157,000
Provisions:
1. Allocations of funds provided in this item to the appropriate
local
entities shall be made by the State Controller in accordance with the
provisions of each statute or executive order that mandates the
reimbursement of the costs, and shall be audited to verify the actual
amount of the mandated costs in accordance with subdivision (d) of
Section 17561 of the Government Code. Audit adjustments to prior year
claims may be paid from this item. Funds appropriated in this item
may be
used to provide reimbursement pursuant to Article 5 (commencing with
Section 17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the
Government Code.
8910-001-0001--For support of Office of Administrative Law . . .
2,429,000
Schedule:
(1) 10-Regulatory Oversight . . . 2,764,000
(2) 97.20.001-Unallocated Reduction . . . -37,000
(3) Reimbursements . . . -298,000
8940-001-0001--For support of Military Department . . . 33,352,000
Schedule:
(1) 10-Army National Guard . . . 58,652,000
(2) 20-Air National Guard . . . 19,246,000
(3) 30.01-Office of the Adjutant General . . . 9,190,000
(4) 30.02-Distributed Office of the Adjutant General . . .
-9,190,000
(5) 35-Military Support to Civil Authority . . . 7,483,000
(6) 40-Military Retirement . . . 3,190,000
(7) 50-California Cadet Corps . . . 434,000
(8) 55-California State Military Reserve . . . 256,000
(9) 65-California National Guard Youth Programs . . . 13,181,000
(10) 97.20.001-Unallocated Reduction . . . -494,000
(11) Reimbursements . . . -8,453,000
(12) Amount payable from the Armory Discretionary Improvement
Account (Item 8940-001-0485) . . . -150,000
(13) Amount payable from the Federal Trust Fund (Item
8940-0010890)
. . . -59,993,000
Provisions:
1. No expenditures shall be made from the funds appropriated in
this item
as a substitution for personnel, equipment, facilities, or other
assistance,
or for any portion thereof, that, in the absence of the expenditure,
or of
this appropriation, would be available to the Adjutant General of the
State Military Forces, the California State Military, or the
California
State Military Reserve from the federal government.
2. The funds appropriated in Schedule (6) shall be for military
retirements, in accordance with Sections 228 and 256 of the Military
and
Veterans Code.
8940-001-0485--For support of Military Department, for payment to
Item 8940-001-0001, payable from the Armory Discretionary
Improvement Account . . . 150,000
Provisions:
1. No expenditures shall be made from this appropriation until
sufficient
revenues or income from armories have been deposited into the State
Trea-sury to the credit of the General Fund pursuant to subdivision
(c) of
Section 431 of the Military and Veterans Code.
8940-001-0604--For support of Military Department, payable from
the
Armory Fund . . . 5,200,000
Schedule:
(1) 10-Army National Guard . . . 5,200,000
Provisions:
1. The amount appropriated in this item shall be available for
encumbrance during the 2005-06 and 2006-07 fiscal years.
8940-001-0890--For support of Military Department, for payment to
Item 8940-001-0001, payable from the Federal Trust Fund . . .
59,993,000
8940-002-0001--For transfer by the Controller to the Armory Fund .
. .
3,000,000
8940-101-0001--For local assistance of Military Department . . .
190,000
Schedule:
(1) 30.01-Office of the Adjutant General . . . 190,000
Provisions:
1. Funds appropriated in this item are for benefit payments
related to the
California National Guard Surviving Spouses and Children Relief Act
of
2004 pursuant to Section 850 of the Military and Veterans Code.
8940-101-8022--For local assistance of Military Department,
payable
from the California Military Family Relief Fund . . . 250,000
Schedule:
(1) 30.01-Office of the Adjutant General . . . 250,000
Provisions:
1. Funds appropriated in this item are for benefit payments
related to the
California Military Family Relief Fund pursuant to Article 1.5
(commencing with Section 18705) of Chapter 3 of Part 10.2 of Division
2 of the Revenue and Taxation Code.
8940-301-0001--For capital outlay, Military Department . . .
3,484,000
Schedule:
(1) 70.85.010-Roseville: Armory Additions and
Renovations--Construction . . . 3,052,000
(2) 70.90.004-Minor Projects . . . 432,000
8940-301-0890--For capital outlay, Military Department, payable
from
the Federal Trust Fund . . . 4,220,000
Schedule:
(1) 70.68.015-Camp San Luis Obispo: Organizational Maintenance
Shop--Working drawings . . . 189,000
(2) 70.68.035-Camp San Luis Obispo: Consolidated Dining
Hall--Working drawings . . . 233,000
(3) 70.85.010-Roseville: Armory Additions and
Renovations--Construction . . . 2,941,000
(4) 70.90.004-Minor Projects . . . 857,000
8955-001-0001--For support of Department of Veterans Affairs . .
.
6,295,000
Schedule:
(1) 10-Farm and Home Loans to Veterans . . . 1,886,000
(2) 20-Veterans Claims and Rights . . . 2,458,000
(3) 30-Care of Sick and Disabled Veterans . . . 4,362,000
(4) 50.01-General Administration . . . 5,938,000
(5) 50.02-Distributed General Admin- istration . . . -5,938,000
(6) Reimbursements . . . -417,000
(7) Amount payable from the Veterans Service Office Fund (Item
8955-001-0083) . . . -44,000
(8) Amount payable from the Veterans' Farm and Home Building Fund
of
1943 (Item 8955-001-0592) . . . -1,886,000
(9) Amount payable from the Federal Trust Fund (Item
8955-001-0890)
. . . -64,000
8955-001-0083--For support of Department of Veterans Affairs, for
payment to Item 8955-001-0001, payable from the Veterans Service
Office Fund . . . 44,000
8955-001-0238--For support of Department of Veterans Affairs,
Veterans Cemetery Perpetual Maintenance Fund . . . 51,000
Schedule:
(1) 20-Veterans Claims and Rights . . . 51,000
8955-001-0592--For support of Department of Veterans Affairs, for
payment to Item 8955-001-0001, payable from the Veterans' Farm and
Home Building Fund of 1943 . . . 1,886,000
8955-001-0701--For support of Department of Veterans Affairs,
payable from the Veterans' Home Fund . . . 178,000
8955-001-0890--For support of Veterans Home of California-Barstow,
for payment to Item 8955-001-0001, payable from the Federal Trust
Fund . . . 64,000
8955-101-0001--For local assistance, Department of Veterans
Affairs,
for contribution to counties toward compensation and expenses of
county
veterans services offices, to be expended in accordance with Section
972
and following of the Military and Veterans Code . . . 2,350,000
Schedule:
(1) 20-Veterans Claims and Rights . . . 3,188,000
(2) Reimbursements . . . -838,000
8955-101-0083--For local assistance, Department of Veterans
Affairs,
county veterans services offices, payable from the Veterans Service
Office Fund . . . 554,000
8960-001-0001--For support of Veterans Home of
California--Yountville . . . 38,926,000
Schedule:
(1) 30-Care of Sick and Disabled Veterans . . . 71,186,000
(2) Reimbursements . . . -17,872,000
(3) Amount payable from the Federal Trust Fund (Item
8960-001-0890)
. . . -14,388,000
Provisions:
1. The Director of Finance may authorize a loan from the General
Fund,
in an amount not to exceed the level of reimbursements appropriated
in
Schedule (2) to the Veterans Home of California, provided that:
(a) The loan is to meet cash needs resulting from the delay in
receipt of
reimbursements for medical services provided.
(b) The loan is short term, and shall be repaid within six months.
(c) Interest charges may be waived pursuant to subdivision (e) of
Section
16314 of the Government Code.
(d) The Director of Finance may not approve the loan unless the
approval
is made in writing and filed with the
Chairperson of the Joint Legislative
Budget Committee and the chairperson of the committee in each house
that considers appropriations not later than 30 days prior to the
effective
date of the approval, or not sooner than whatever lesser time the
chairperson of the joint committee or his or her designee may
determine.
2. At the end of the six-month term of the loan, the Department of
Finance shall notify the Chairperson of the Joint Legislative Budget
Committee whether the Veterans Home of California has repaid the loan
made pursuant to subdivision (d) of Provision 1. If the department
notifies
the Legislature that the Veterans Home of California cannot repay the
loan within the six-month loan period, it shall identify a payment
schedule
for full payment of the loan.
3. Of the funds appropriated in Schedule (1), the amount of
$500,000 is
available for special projects that provide a direct benefit to the
members
of the Veterans Home of California at Yountville, including the
maintenance of facilities used by members and the public. The Allied
Council at the Veterans Home of California may submit special project
requests to the administrator for consideration. After consultation
with the
Allied Council, a budget for expenditure of these funds shall be
approved
by the administrator, and the Secretary of Veterans Affairs.
8960-001-0890--For support of Veterans Home of
California--Yountville, for payment to Item 8960-001-0001, payable
from the Federal Trust Fund . . . 14,388,000
8960-301-0001--For capital outlay, Department of Veterans Affairs,
Veterans Home of Yountville . . . 862,000
Schedule:
(1) 80.20.045-Minor Projects . . . 862,000
8965-001-0001--For support of the Veterans Home of California at
Barstow . . . 7,227,000
Schedule:
(1) 30-Care of Sick and Disabled Veterans . . . 10,533,000
(2) Reimbursements . . . -1,468,000
(3) Amount payable from the Federal Trust Fund (Item
8965-001-0890)
. . . -1,838,000
Provisions:
1. The Director of Finance may authorize a loan from the General
Fund in
an amount not to ex- ceed the level of reimbursements appropriated in
Schedule (2) to the Veterans Home of California, provided that the
following conditions are met:
(a) The loan is to meet cash needs resulting from the delay in
receipt of
reimbursements for medical services provided.
(b) The loan is for a short term, to be repaid within six months.
(c) Interest charges may be waived pursuant to subdivision (e) of
Section
16314 of the Government Code.
(d) Approval by the Director of Finance shall be in writing and
filed with
the Chairperson of the Joint Legislative Budget Committee and the
chairperson of the committee in each house of the Legislature that
considers appropriations not later than 30 days prior to the
effective date
of the approval, or not sooner than whatever lesser time the
chairperson
of the joint committee or his or her designee may determine.
2. At the end of the six-month term of the loan, the Department of
Finance shall notify the Chairperson of the Joint Legislative Budget
Committee whether the Veterans Home of California has repaid the loan
made pursuant to subdivision (d) of Provision 1. If the department
notifies
the Legislature that the Veterans Home of California cannot repay the
loan within the six-month loan period, it shall identify a payment
schedule
for full payment of the loan.
8965-001-0890--For support of the Veterans Home of California at
Barstow, for payments to Item 8965- 001-0001, payable from the
Federal Trust Fund . . . 1,838,000
8965-003-0001--For support of the Veterans Home of California at
Barstow for rental payments on lease revenue bonds . . . 1,174,000
Schedule:
(1) Base Rental and Fees . . . 1,208,000
(2) Insurance . . . 146,000
(3) Reimbursements . . . -180,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
8966-001-0001--For support of the Veterans Home of
California-Chula
Vista . . . 11,164,000
Schedule:
(1) 30-Care of Sick and Disabled Veterans . . . 23,077,000
(2) Reimbursements . . . -6,329,000
(3) Amount payable from the Federal Trust Fund (Item
8966-001-0890)
. . . -5,584,000
Provisions:
1. The Director of Finance may authorize a loan from the General
Fund,
in an amount not to exceed the level of reimbursements appropriated
in
Schedule (2), to the Veterans Home of California, provided that all
of the
following conditions are satisfied:
(a) The loan is to meet cash needs resulting from the delay in
receipt of
reimbursements for medical services provided.
(b) The loan is short term, and shall be repaid within six months.
(c) Interest charges may be waived pursuant to subdivision (e) of
Section
16314 of the Government Code.
(d) The Director of Finance may not approve the loan unless the
approval
is made in writing and filed with the Chairperson of the Joint
Legislative
Budget Committee and the chairperson of the committee in each house
that considers appropriations not later than 30 days prior to the
effective
date of the approval, unless the chairperson of the joint committee
or his
or her designee permits a lesser time.
2. At the end of the six-month term of the loan, the Department of
Finance shall notify the Chairperson of the Joint Legislative Budget
Committee whether the Veterans Home of California has repaid the loan
made pursuant to Provision 1. If the department notifies the
Legislature
that the Veterans Home of California cannot repay the loan within the
six-month loan period, it shall identify a payment schedule for full
payment
of the loan.
8966-001-0890--For support of the Veterans Home of California at
Chula Vista, for payment to Item 8966-001-0001, payable from the
Federal Trust Fund . . . 5,584,000
8966-003-0001--For support of the Veterans Home of California at
Chula Vista for rental payments on lease-revenue bonds . . . 0
Schedule:
(1) Base Rental and Fees . . . 1,389,000
(2) Insurance . . . 29,000
(3) Reimbursements . . . -1,418,000
Provisions:
1. The Controller shall transfer funds appropriated in this item
according
to a schedule to be provided by the State Public Works Board. The
schedule shall be provided on a monthly basis or as otherwise might
be
needed to ensure debt requirements are met.
9100-101-0001--For local assistance, Tax Relief . . . 675,415,000
Schedule:
(.5) 10-Senior Citizens' Property Tax Assistance . . . 40,555,000
(1) 20-Senior Citizens' Property Tax Deferral Program . . .
11,900,000
(2) 30-Senior Citizen Renters' Tax Assistance . . . 143,299,000
(3) 50-Homeowners' Property Tax Relief . . . 440,000,000
(4) 60-Subventions for Open Space . . . 39,661,000
Provisions:
1. Schedule (1) is for property tax postponement and assistance to
claimants in accordance with the Senior Citizens Property Tax
Assistance
and Postponement Law, as set forth in Part 10.5 (commencing with
Section 20501) of Division 2 of the Revenue and Taxation Code. The
appropriation made by this schedule shall be in lieu of the
appropriation
for the same purpose contained in Section 16100 of the Government
Code.
2. Schedule (2) is for property tax assistance to renter claimants
in
accordance with the Senior Citizens Property Tax Assistance and
Postponement Law, as set forth in Part 10.5 (commencing with Section
20501) of Division 2 of the Revenue and Taxation Code. Any
unexpended balance in Schedule (2) may be used to make payments to
senior citizen homeowner claimants under Schedule (5).
3. Schedule (3) is for reimbursement to local taxing authorities
for
revenue lost by reason of the homeowners' property tax exemption
granted pursuant to subdivision (k) of Section 3 of Article XIII of
the
California Constitution. The appropriation made by this schedule
shall be
in lieu of the appropriation required pursuant to Section 25 of
Article XIII
of the California Constitution and the appropriation for the same
purposes
contained in Section 16100 or 16120 of the Government Code.
4. Schedule (4) is for providing reimbursement to local taxing
authorities
for revenue lost by reason of the assessment of open-space lands
under
Sections 423, 423.3, 423.4, and 423.5 of the Revenue and Taxation
Code, and in accordance with Chapter 3 (commencing with Section
16140) of Part 1 of Division 4 of Title 2 of the Government Code. The
appropriation made by this schedule shall be in lieu of the
appropriation
for the same purpose contained in Section 16100 or 16140 of the
Government Code.
5. Notwithstanding any other provision of law, the Director of
Finance
may authorize expenditures for Schedules (.5), (1), (2), (3), and (4)
in
excess of or less than the amount appropriated not sooner than 30
days
after notification in writing of the necessity therefor is provided
to the
chairpersons of the fiscal committees and the Chairperson of the
Joint
Legislative Budget Committee, or not sooner than whatever lesser time
the chairperson of the committee, or his or her designee, may in each
instance determine.
6. Schedule (.5) is for property tax assistance to homeowner
claimants in
accordance with the Senior Citizens Property Tax Assistance and
Postponement Law (Part 10.5 (commencing with Section 20501) of
Division 2 of the Revenue and Taxation Code). Any unexpended balance
in Schedule (.5) may be used to make payments to senior citizen
renter
claimants under Schedule (2).
9210-101-0001--For local assistance, Local Government Financing .
. .
200,000,000
Provisions:
1. For allocation by the Controller to local jurisdictions for
public safety
as determined by the Director of Finance pursuant to Chapter 6.7
(commencing with Section 30061) of Division 3 of Title 3 of the
Government Code.
2. Notwithstanding any other provision of law, the funds
appropriated in
this item shall be available for expenditure until June 30, 2007.
These
funds shall be used to supplement and not supplant existing services.
9210-105-0001--For local assistance, Local Government Financing,
Property Tax Administration Grant Program . . . 60,000,000
Provisions:
1. For allocation by the Controller to counties, as determined by
the
Department of Finance, pursuant to Chapter 6 (commencing with
Section 95.35) of Division 1 of the Revenue and Taxation Code.
9210-106-0001--For transfer by the Controller, upon order of the
Director of Finance, to the Gap Repayment Fund . . . 25,000,000
Provisions:
1. Funds appropriated in this item may be allocated by the
Director of
Finance to the State Controller as follows: (a) for transfer to the
Gap
Repayment Fund in accordance with Section 10754.11 of the Revenue
and Taxation Code, for advance payment of the Vehicle License Fee gap
loan amounts owed to cities, counties, and cities and counties,
pursuant to
that section, and (b) subventions to cities and special districts for
reimbursement of fees paid to counties pursuant to Section 29550 of
the
Government Code. Allocation shall be based on the director's
determination that a particular financial hardship exists in the
local
government entity, necessitating early repayment of the Vehicle
License
Fee gap loan, reimbursement for costs of booking fees, or both. The
director shall notify the Chairperson of the Joint Legislative Budget
Committee and the chairpersons of the fiscal committees in each house
of
the Legislature within 30 days of approval of any allocations under
this
item.
9612-001-0001--For allocation by the Department of Finance to the
trustee of the Golden State Tobacco Securitization Corporation, for
payment of debt service on the Enhanced Tobacco Settlement
Asset-Backed Bonds and operating expenses of the Golden State
Tobacco Securitization Corporation in accordance with Section 63049.1
of the Government Code . . . 1,000
Provisions:
1. Notwithstanding any other provision of law, upon certification
by the
Golden State Tobacco Securitization Corporation, the Department of
Finance may authorize expenditures of up to $200,000,000 in excess of
the amount appropriated in this item for the payment of debt service
on
the Enhanced Tobacco Settlement Asset-Backed Bonds and the
payment of operating expenses of the Golden State Tobacco
Securitization Corporation in the event tobacco settlement revenues
and
certain other available amounts are insufficient to pay the costs of
debt
service and operating costs for the 12 months following such
certification.
The Department of Finance shall provide notification in writing to
the
chairperson of the fiscal committee of each house of the Legislature
and
the Chairperson of the Joint Legislative Budget Committee not more
than
30 days after such authorization.
9620-001-0001--For payment of interest on General Fund loans, upon
order of the Director of Finance, for any General Fund loan . . .
30,000,000
Provisions:
1. The Director of Finance, the Controller, and the State
Treasurer shall
satisfy any need of the General Fund for borrowed funds in a manner
consistent with the Legislature's objective of conducting General
Fund
borrowing in a manner that best meets the state's interest. The state
fiscal
officers may, among other factors, take into consideration the costs
of
external versus internal borrowings and potential impact on other
borrowings of the state.
2. In the event that interest expenses related to internal
borrowing exceed
the amount appropriated by this item, there is hereby appropriated
any
amount necessary to pay the interest. Funds appropriated by this item
shall not be expended prior to 30 days after the Department of
Finance
notifies the Joint Legislative Budget Committee of the amounts
necessary
or not sooner than such lesser time as the Chairperson of the Joint
Legislative Budget Committee may determine.
3. In the event that Revenue Anticipation Warrants are issued,
there is
hereby appropriated any amount necessary, in excess of the amount
appropriated by this item, to pay the expenses incurred by the
Controller,
Treasurer, Attorney General, and the Department of Finance in
providing
for the preparation, sale, issuance, advertising, legal services,
credit
enhancement, liquidity facility, or any other act which, as approved
by the
Department of Finance, is necessary for such issuance. Funds
appropriated by this item shall not be expended prior to 30 days
after the
Department of Finance notifies the Joint Legislative Budget Committee
of
the amounts necessary or not sooner than such lesser time as the
Chairperson of the Joint Legislative Budget Committee may determine.
9620-002-0001--For payment of interest on General Fund loans, upon
order of the Director of Finance, for any General Fund loan repaid in
the
2005-06 fiscal year from loans made previously . . . 9,817,000
Provisions:
1. In the event that interest expenses related to internal
borrowing
exceed the amount appropriated by this item, there is hereby
appropriated any amount necessary to pay the interest.
2. The Director of Finance shall notify, in writing, the
Chairperson of the
Joint Legislative Budget Committee within 30 days of ordering the
repayment of any loan included within the provisions of this item.
9625-001-0001--For interest payments to the federal government
arising
from the federal Cash Management Improvement Act of 1990 . . .
6,500,000
Provisions:
1. Expenditures from the funds appropriated by this item shall be
made
by the Controller, subject to the approval of the Department of
Finance,
and shall be charged to the fiscal year in which the disbursement is
issued.
2. In the event that expenditures for interest payments to the
federal
government arising from the federal Cash Management Improvement Act
of 1990 exceed the amount appropriated by this item, the Director of
Finance may allocate an additional amount not to exceed $10,000,000
over the amount appropriated by this item. This allocation shall be
made
no sooner than 30 days after notification to the Chairperson of the
Joint
Legislative Budget Committee and the chairperson of the fiscal
committees in each house.
9625-001-0042--For interest payments to the federal government
arising
from the federal Cash Management Improvement Act of 1990, payable
from the State Highway Account, State Transportation Fund . . .
500,000
Provisions:
1. Provision 1 of Item 9625-001-0001 also applies to this item.
2. In the event that expenditures for interest payments to the
federal
government arising from the Cash Management Improvement Act of
1990 exceed the amount appropriated by this item, the Director of
Finance may allocate an additional amount not to exceed $1,000,000
over the amount appropriated by this item. This allocation shall be
made
no sooner than 30 days after notification to the Chairperson of the
Joint
Legislative Budget Committee and the chairperson of the fiscal
committees in each house.
9625-001-0494--For interest payments to the federal government
arising
from the federal Cash Management Improvement Act of 1990, payable
from the appropriate special fund . . . 1,000
Provisions:
1. Provision 1 of Item 9625-001-0001 and Provision 2 of Item
9625-001-0042 also apply to this item.
9625-001-0988--For interest payments to the federal government
arising
from the federal Cash Management Improvement Act of 1990, payable
from the appropriate nongovernmental cost fund . . . 1,000
Provisions:
1. Provision 1 of Item 9625-001-0001 and Provision 2 of Item
9625-001-0042 also apply to this item.
9650-001-0001--For support of Health and Dental Benefits for
Annuitants. For the state's contribution for the cost of a health
benefits
plan and dental care premiums, for annuitants and other employees, in
accordance with Sections 22820, 22879, 22881, 22883, and 22953 of
the Government Code, which cost is not chargeable to any other
appropriation . . . 895,197,000
Schedule:
(1) Health benefit premiums . . . 836,259,000
(2) Dental care premiums . . . 58,938,000
Provisions:
1. The maximum transfer amounts specified in subdivision (c) of
Section
26.00 of this act do not apply to this item.
2. Notwithstanding Section 22844 of the Government Code or any
other
provision of law, annuitants and their family members who were
employed by the California State University, and who become eligible
for
Part A and Part B of Medicare during the 2005-06 fiscal year, shall
not
be enrolled in a basic health benefits plan during the 2005-06 fiscal
year.
If the annuitant or family member is enrolled in Part A and Part B of
Medicare, he or she may enroll in a supplement to the Medicare plan.
This provision does not apply to employees and family members who are
specifi-cally excluded from enrollment in a supplement to the
Medicare
plan by federal law or regulation.
3. The maximum monthly contribution for an annuitant's health
benefits
plan shall be $362 for a single enrollee, $679 for an enrollee and
one
dependent, and $858 for an enrollee and two or more dependents.
9670-001-0001--For equity claims before the California Victim
Compensation and Government Claims Board and for settlements and
judgments in cases in which the state is represented by the
Department
of Justice for the administration and payment of tort liability
claims,
settlements, compromises and judgments against the state, its
officers,
servants and employees of state agencies, departments, boards,
bureaus
or commissions supported from the General Fund, for expenditure by
the
Department of Justice, subject to approval of the Department of
Finance
in its discretion . . . 0
Provisions:
1. There is hereby appropriated from each fund, other than the
General
Fund, an amount sufficient for payment of tort liability claims,
settlements,
compromises, and judgments against the state, its officers, servants
and
employees of state agencies, departments, boards, bureaus, or
commissions arising from activities supported from that fund. No
expenditure from any appropriation from a fund other than the General
Fund for payment of tort liability claims, settlements, compromises,
and
judgments shall be made unless approved by the Department of Finance
in its discretion.
2. Expenditures made under this item shall be charged to the
fiscal year in
which the warrant is issued by the State Controller.
3. Payment under this item is limited in amount to claims,
settlements,
compromises, and judgments which do not exceed $70,000, exclusive of
interest, and no payment from this item exceeding that amount shall
be
approved by the Department of Finance or made by the Department of
Justice.
4. No payment shall be approved by the Department of Finance or
made
by the Department of Justice from this item except in full and final
satisfaction of the claim, settlement, compromise, or judgment upon
which
the payment is based.
5. Funding for the payment of tort liability claims, settlements,
compromises, and judgments which require the approval of the Director
of Finance shall first be considered from within the affected agency,
department, board, bureau, or commission's existing budgeted
resources.
Payment pursuant to this item (from funds other than the General
Fund)
shall be made only after the affected agency, department, board,
bureau,
or commission has demonstrated to the Department of Finance that
insufficient funds are available for payment of all or a portion of
the claim.
9670-401--For maintenance of accounting records by the State
Controller's office or any other agency maintaining these records,
appropriations made in this act for Organization Code 9670 (Equity
Claims of California Victim Compensation and Government Claims
Board and Settlements and Judgments by Department of Justice) are to
be recorded under Organization Code 9671 (Equity Claims of California
Victim Compensation and Government Claims Board) and Organization
Code 9672 (Settlements and Judgments by Department of Justice).
9800-001-0001--For Augmentation for Employee Compensation . . .
162,863,000
Schedule:
(.5) 500000-Unscheduled . . . 165,751,000
(23) 97.20.001-Unallocated Reduction . . . -2,888,000
Provisions:
1. The amount appropriated in this item shall not be construed to
control
or influence collective bar-gaining between the state employer and
employee representatives.
2. The funds appropriated in this item are for employee
compensation
increases and increases in benefits related thereto, whose
compensation
or portion thereof, is chargeable to the General Fund, to be
allocated by
executive order by the Department of Finance to the several state
offices,
departments, boards, bureaus, commissions, and other state agencies,
in
augmentation of their respective appropriations or allocations, in
accordance with approved memoranda of understanding or, for
employees excluded from collective bargaining in accordance with
salary
and benefit schedules established by the Department of Personnel
Administration.
9800-001-0494--For Augmentation for Employee Compensation,
payable from other unallocated special funds . . . 118,843,000
Provisions:
1. The amount appropriated in this item shall not be construed to
control
or influence collective bargaining between the state employer and
employee representatives.
2. The funds appropriated in this item are for employee
compensation
increases and increases in benefits related thereto, whose
compensation
or portion thereof, is chargeable to special funds, to be allocated
by
executive order by the Department of Finance to the several state
offices,
departments, boards, bureaus, commissions, and other state agencies,
in
augmentation of their respective appropriations or allocations, in
accordance with approved memoranda of understanding or, for
employees excluded from collective bargaining in accordance with
salary
and benefit schedules established by the Department of Personnel
Administration.
9800-001-0988--For Augmentation for Employee Compensation,
payable from other unallocated nongovernmental cost funds . . .
7,085,000
Provisions:
1. The amount appropriated in this item shall not be construed to
control
or influence collective bargaining between the state employer and
employee representatives.
2. The funds appropriated in this item are for employee
compensation
increases and increases in benefits related thereto, whose
compensation
or portion thereof, is chargeable to nongovernmental cost funds, to
be
allocated by executive order by the Department of Finance to the
several
state offices, departments, boards, bureaus, commissions, and other
state
agencies, in augmentation of their respective appropriations or
allocations,
in accordance with approved memoranda of understanding or, for
employees excluded from collective bargaining in accordance with
salary
and benefit schedules established by the Department of Personnel
Administration.
9840-001-0001--For Augmentation for Contingencies or Emergencies .
. . 49,236,000
Schedule:
(1) Unscheduled . . . 50,000,000
(2) 555000-Unallocated Reduction . . . -764,000
Provisions:
1. Subject to the conditions set forth in this item, amounts
appropriated
by this item shall be transferred, upon approval by the Director of
Finance, to augment any other General Fund item of appropriation that
is
made under this act to an agency, department, board, commission, or
other state entity. Such a transfer may be made to fund unanticipated
expenses to be incurred for the 2005-06 fiscal year under an existing
program that is funded by that item of appropriation, but only in a
case of
actual necessity as determined by the Director of Finance. For
purposes
of
this item, an "existing program" is one that is authorized by law.
2. The Director of Finance may not approve a transfer under this
item,
nor may any funds appropriated in augmentation of this item be
allocated,
to fund any of the following: (a) capital outlay, (b) any expense
attributable to a prior fiscal year, (c) any expense related to
legislation
enacted without an appropriation, (d) startup costs of programs not
yet
authorized by the Legislature, (e) costs that the administration had
knowledge of in time to include in the May Revision, (f) costs that
the
administration has the discretion to incur or not incur, (g) any cost
associated with a statewide special election, or (h) any costs
associated
with the June 6, 2006, statewide primary election if funds from
Schedule
(3) of Item 0890-001-0001 are used to support a statewide special
election.
3. A transfer of funds approved by the Director of Finance under
this
item shall become effective no sooner than 30 days after the director
files
written notification thereof with the Chairperson of the Joint
Legislative
Budget Committee, and the chairpersons of the Senate and Assembly
fiscal committees, or no sooner than any lesser time the chairperson
of the
joint committee or his or her designee may in each instance
determine,
except for an approval for an emergency expense as defined in
Provision
5.
4. Each notification shall include all of the following: (a) the
date the
recipient state entity reported to the Department of Finance the need
to
increase its appropriation, (b) the reason for the expense, (c) the
transfer
amount approved by the Director of Finance, and (d) the basis of the
director's determination that the expense is actually needed. Each
notification shall also include a determination by the director as to
whether
the expense was considered in a legislative budget committee and
formal
action was taken not to approve the expense for the 2005-06 fiscal
year.
Any increase in a department's appropriation to fund unanticipated
expenses shall be approved by the Director of Finance.
5. The Director of Finance may approve a transfer under this item
for an
emergency expense only if the approval is set forth in a written
notification
that is filed with the Chairperson of the Joint Legislative Budget
Committee, and the chairpersons of the Senate and Assembly fiscal
committees, no later than 10 days after the effective date of the
approval.
Each notification for an emergency expense shall state the reason for
the
expense, the transfer amount approved by the director, and the basis
of
the director's determination that the expense is an emergency
expense.
For the purposes of this item, "emergency expense" means an expense
incurred in response to conditions of disaster or extreme peril that
threaten the immediate health or safety of persons or property in
this
state.
6. Within 15 days of receipt, the Department of Finance shall
provide, to
the Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the Senate and Assembly fiscal committees, copies of
all
requests, including any supporting documentation, from any agency,
department, board, commission, or other state entity for a transfer
under
this item. The submission to the Legislature of a copy of such a
request
does not constitute approval of the request by the Director of
Finance.
Within 15 days of receipt, the director shall also provide copies to
these
chairpersons of all other requests received by the Department of
Finance
from any state agency, department, board, commission, or other state
entity to fund a contingency or emergency through a supplemental
appropriations bill augmenting this item.
7. For any transfer of funds pursuant to this item, the
augmentation of a
General Fund item of appropriation shall not exceed the following
during
any fiscal year:
(a) 30 percent of the amount scheduled on that line for those
appropriations made by this act that are $4,000,000 or less.
(b) 20 percent of the amount scheduled on that line for those
appropriations made by this act that are more than $4,000,000.
8. The Director of Finance may withhold authori- zation for the
expenditure of funds transferred pursuant to this item until such
time as,
and to the extent that, preliminary estimates of potential
unanticipated
expenses are verified.
9. The Director of Finance shall submit any requests for
supplemental
appropriations in augmentation of this item to the Chairperson of the
Joint
Legislative Budget Committee and the chairpersons of the fiscal
committees in each house of the Legislature. Requests shall include
the
information and determinations required by Provision 4 excluding
subdivision (c), and a determination that requests meet the
requirements
of Provision 2.
9840-001-0494--For Augmentation for Contingencies or Emergencies,
payable from unallocated special funds . . . 15,000,000
Provisions:
1. Provisions 1, 2, 3, 4, 5, 6, 7, 8, and 9 of Item 9840-001-0001
also
apply to this item, except references to General Fund appropriations
shall
instead refer to special fund appropriations.
2. For the Augmentation for Contingencies or Emergencies, payable
from
special funds, there are appropriated from each special fund sums
necessary to meet contingencies or emergencies, to be expended only
on
written authorization of the Director of Finance.
9840-001-0988--For Augmentation for Contingencies or Emergencies,
payable from unallocated nongovernmental cost funds . . . 15,000,000
Provisions:
1. Provisions 1, 2, 3, 4, 5, 6, 7, 8, and 9 of Item 9840-001-0001
also
apply to this item, except references to General Fund appropriations
shall
instead refer to nongovernmental cost fund appropriations.
2. For Augmentation for Contingencies or Emergencies, payable from
nongovernmental cost funds, there is appropriated from each
nongovernmental cost fund that is subject to control or limited by
this act,
sums necessary to meet contingencies or emergencies, to be expended
only on written authorization of the Director of Finance.
9850-011-0001--For Augmentation for Contingencies or Emergencies
(Loans) . . . (2,500,000)
Provisions:
1. This appropriation is for loans that may be made to state
agencies
which derive their support from the General Fund or from sources
other
than the General Fund, upon terms and conditions for repayment as may
be prescribed by the Department of Finance. Any sum so loaned shall,
if
ordered by the Department of Finance, be transferred by the State
Controller to the fund from which the support of the agency is
derived.
2. No loan shall be made which requires repayment from a future
legislative appropriation.
3. Authorizations for loans shall become effective no sooner than
30 days
after notification in writing to the Joint Legislative Budget
Committee, or
no sooner than a lesser time which the committee, or its designee,
may in
each instance determine, except that this limit shall not apply if
the
Director of Finance states in writing to the Chairperson of the Joint
Legislative Budget Committee the necessity and urgency for the loan
which, in the judgment of the director, makes prior approval
impractical.
4. Within 10 days after approval, the Director of Finance shall
file with
the Joint Legislative Budget Committee copies of all executive orders
for
loans stating the reasons for, and the amount of, all of these
authorizations.
9860-301-0001--For capital outlay planning and studies funding
(10.10.010) . . . 1,000,000
Provisions:
1. The funds appropriated in this item are to be allocated by the
Department of Finance to state agencies to develop design and cost
information for new projects for which funds have not been
appropriated
previously, but which are anticipated to be included in the 2006-07
or
2007-08 Governor's Budget or 2007-08 five-year capital outlay plans.
The amount appropriated in this item shall not be construed as a
commitment by the Legislature as to the amount of capital outlay
funds it
will appropriate in any future fiscal year.
GENERAL SECTIONS
STATEWIDE
SEC. 3.00. Whenever herein an appropriation is made for support,
it
shall include salaries and all other proper expenses, including
repairs and
equipment, incurred in connection with the institution, department,
board,
bureau, commission, officer, employee, or other agency for which the
appropriation is made.
Each item appropriating funds for salaries and wages includes the
additional funds necessary to continue the payment of the amount of
salaries in effect on June 30, 2005, for the state officers whose
salaries
are specified by statute.
Whenever herein an appropriation is made for capital outlay, it
shall
include acquisition of land or other real property, major
construction,
improvements, equipment, designs, working plans, specifications,
repairs,
and equipment necessary in connection with a construction or
improvement project.
Whenever herein any item of appropriation contains provisions for
acquisition of land or other real property, it shall include all
necessary
expenses in connection with the acquisition of the property.
Whenever herein an appropriation is made in accordance with a
schedule set forth after the appropriation, the expenditures from
that item
for each category, program, or project included in the schedule shall
be
limited to the amount specified for that category, program, or
project,
except as otherwise provided in this act. Each schedule is a
restriction or
limitation upon the expenditure of the respective appropriation made
by
this act, does not itself appropriate any money, and is not itself an
item of
appropriation.
As used in this act in reference to the schedules "category,"
"program," or "project" means a class of expenditure such as, but not
limited to:
(a) "Personal services," which shall include all expenditures for
payment of officers and employees of the state, including: salaries
and
wages, workers' compensation, compensation paid to employees on
approved leave of absence on account of sickness, unemployment
compensation benefits, insurance premiums for workers' compensation
coverage, industrial disability leave and payments, nonindustrial
disability
benefits and payments, the state's contributions to the Public
Employees'
Retirement Fund, the Teachers' Retirement Fund, the University of
California Retirement Fund to provide for that portion of retirement
costs
to be provided for Hastings College of the Law in Item 6600-001-0001
of this Budget Act, the Old Age and Survivors' Insurance Revolving
Fund, the Public Employees' Contingency Reserve Fund, and the state's
cost of health benefits plans; but shall not include compensation of
independent contractors rendering personal services to the state
under
contract.
(b) "Operating expenses and equipment," which shall include all
expenditures for purchase of materials, supplies, equipment, services
(other than services of state officers and employees), departmental
services (services provided by other organizational units within a
department, including indirect distributed costs), and all other
proper
expenses.
(c) "Preliminary plans" are defined as a site plan, architectural
floor
plans, elevations, outline specifications, and a cost estimate. For
each
utility, site development, conversion and remodeling project, the
drawings
shall be sufficiently descriptive to accurately convey the location,
scope,
cost, and the nature of the improvement being proposed.
(d) "Working drawings" are defined as a complete set of plans and
specifications showing and describing all phases of a project,
architectural, structural, mechanical, electrical, civil engineering,
and
landscaping systems to the degree necessary for the purposes of
accurate
bidding by contractors and for the use of artisans in constructing
the
project. All necessary professional fees and administrative service
costs
are included in the preparation of these drawings.
(e) "Construction," when used in connection with a capital outlay
project, shall include all such related things as fixtures, installed
equipment, auxiliary facilities, contingencies, project construction,
management, administration and associated costs.
(f) "Minor projects" include planning, working drawings,
construction,
improvements, and equipment projects not specifically set forth in
the
schedule.
(g) "Programs" include all expenditures, regardless of category,
required to carry out the objectives of the named activity.
For the purpose of further interpreting the meaning of the words,
terms and phrases, and uniform codes used in the schedules, reference
is
hereby made to those documents entitled, "State of California
Governor's
Budget for 2005-06," submitted by the Governor to the Legislature at
the
2005 portion of the 2005-06 Regular Session, the uniform accounting
system prescribed by the Department of Finance under the provisions
of
Section 13300 of the Government Code and following, the Uniform
Codes Manual, and the appropriate portions thereof. The Department of
Finance shall establish interpretations necessary to carry out the
provisions of this section and shall furnish the same to the
Controller and
to every state agency to which appropriations are made under this
act.
SEC. 3.50. Whenever an appropriation is made in this act for
support or other expenses for an institution, department, board,
bureau,
commission, officer, employee, or other agency, the following shall
be
charged to the appropriation from which salaries and wages are paid:
workers' compensation, compensation paid to employees on approved
leave of absence on account of sickness, unemployment compensation
benefits, industrial disability leave and payments, nonindustrial
disability
benefits and payments, the administrative costs of the Merit Award
Program provided by Section 19823 of the Government Code, the
state's contribution to the Public Employees' Retirement Fund as
provided by Sections 20822 and 20824 of the Government Code, the
state's contribution to the Teachers' Retirement Fund as provided by
Sections 22950, 22951, and 23000 of the Education Code, the state's
contribution to the Old Age and Survivors' Insurance Revolving Fund
as
provided by Sections 20862 and 20863 of the Government Code, the
state's contribution to the Old Age and Survivors' Insurance
Revolving
Fund for payment of hospital insurance taxes imposed by the Internal
Revenue Code, the state's contribution to the Public Employees'
Contingency Reserve Fund, the state's contribution for the cost of
health
benefits plans as provided by Sections 22871, 22881 and 22883(b) of
the Government Code, and the state's contribution for costs of other
employee benefits and the administrative costs associated with the
provision of benefits established by any state agency legally
authorized to
negotiate and set salary and benefit levels.
As of the effective date of this act, the state's contributions as
provided by Sections 22871, 22881 and 22883(b) of the Government
Code and for costs of any other employee benefits and the
administrative
costs associated with the provisions of these benefits established by
any
state agency legally authorized to negotiate and set salary and
benefit
levels for any month shall be charged to the same appropriations used
for
payment of salaries and wages from which the employee premium
contributions for such month are deducted.
The appropriations made by Sections 20822, 20824, 22871, 22881
and 22883(b) of the Government Code and by Sections 22950, 22951,
and 23000 of the Education Code, shall continue to be available for
expenditure, and shall be charged for any expenditure that is not
chargeable to an appropriation for support or other expenses as
provided
in this section. This transfer may be chargeable to such
appropriation for
a previous fiscal year if there are no funds available from that
fiscal year.
The Controller may transfer to the State Payroll Revolving Fund
the
contributions required by Sections 20822, 20824, 22871, 22881 and
22883(b) of the Government Code, contributions required for payment
of the hospital insurance tax, and upon certification by the Board of
Administration of the Public Employees' Retirement System as required
by Section 20826 of the Government Code, may transfer from the State
Payroll Revolving Fund to the Public Employees' Retirement Fund and
the Old Age and Survivors' Insurance Revolving Fund the amounts of
contributions.
SEC. 3.60. (a) Notwithstanding any other provision of law, the
employers' retirement contributions for the 2005-06 fiscal year that
are
chargeable to an appropriation made in this act, with respect to each
state
officer and employee who is a member of the California Public
Employees' Retirement System (CalPERS) and who is in that
employment or office, including university members as provided by
Section 20751 of the Government Code, shall be the percentage of
salaries and wages by state member category as follows:
Miscellaneous, First Tier
15.942%
Miscellaneous, Second Tier
15.890%
State Industrial
17.147%
State Safety
19.026%
Highway Patrol
26.396%
Peace Officer/Firefighter
23.563%
The Director of Finance may adjust amounts in any appropriation
item,
or in any category thereof, in this act as a result of changes from
amounts
budgeted for employer contribution for 2005-06 fiscal year retirement
benefits to achieve the percentages specified in this subdivision.
(b) Notwithstanding any other provision of law, the Director of
Finance shall require retirement contributions computed pursuant to
subdivision (a) to be offset by the Controller with surplus funds in
the
Public Employees' Retirement Fund, employer surplus asset accounts.
(c) Notwithstanding any other provision of law, for purposes of
calculating the "appropriations subject to limitation" as defined in
Section
8 of Article XIII B of the California Constitution, the
appropriations in
this act shall be deemed to be the amounts remaining after the
adjustments required by subdivisions (a) and (b) are made.
SEC. 4.01. (a) Notwithstanding any other provision of law, the
Director of Finance shall reduce items of appropriation in this act
to
reflect savings achieved pursuant to the Alternate Retirement Program
(Chapter 214, Statutes of 2004). These reductions shall not apply to
the
University of California, California State University, the
Legislature or the
judicial branch.
(b) Notwithstanding any other provision of law, the Director of
Finance shall reduce items of appropriation in this act to reflect
savings
achieved through reforms in employee compensation, subject to
memoranda of understanding negotiated with bargaining units and
ratified
by the Legislature. These reductions shall apply to all agencies and
departments whose employees are subject to collective bargaining
agreements negotiated by the Department of Personnel Administration
or
are excluded employees as defined in Government Code Section 3527.
(c) The Director of Finance shall report to the Chairperson of the
Joint Legislative Budget Committee and the chairpersons of the
committees of each house that consider appropriations not more than
30
days after the reductions are made pursuant to this section. The
report
shall list reductions by department and agency.
(d) Nothing within this section shall be interpreted to confer any
authority upon the Director of Finance to modify or eliminate any
other
provision of existing law.
SEC. 4.10. No later than December 10, 2005, the Director of
Finance shall report to the Chairperson of the Joint Legislative
Budget
Committee and the chairpersons of the fiscal committees of each house
the reductions made pursuant to the unallocated reductions included
in
this act. The report shall include the following: each specific
reduction by
department, agency, and program; whether the reduction is one-time or
ongoing; its programmatic effects; the number and description of
positions
affected; and any other description necessary to fully disclose the
reduction's impact.
SEC. 4.11. All new positions approved in this act shall be
established effective July 1, 2005, unless otherwise approved by the
Department of Finance. Before the end of each month, the State
Controller's office shall provide to the Department of Finance a
listing of
each new position approved by this act that will be abolished
pursuant to
Government Code Section 12439 as a result of the position being
vacant
for six consecutive pay periods at the end of the immediately
preceding
month. The report provided by the State Controller's office shall
include
the department, division, position classification, position number
and the
date the position was established.
SEC. 4.20. (a) Notwithstanding any other provision of law, the
employer's contributions to the Public Employees' Contingency Reserve
Fund, as required by Section 22885 of the Government Code, shall be
0.300 percent of the gross health insurance premiums paid by the
employer and employee for administrative expenses. The Director of
Finance may, not sooner than 30 days after notification to the Joint
Legislative Budget Committee, adjust the rate to ensure a three-month
reserve in the Public Employees' Contingency Reserve Fund.
SEC. 4.30. (a) Notwithstanding any other provision of law, the
Director of Finance may adjust amounts in appropriation items for
rental
payments on lease-purchase and lease-revenue bonds, or in any
category
thereof including fees, insurance, and reimbursements in this act as
a result
of changes from amounts budgeted for the costs for the 2005-06 fiscal
year.
(b) Notwithstanding any other provision of law, the allocation may
be
made from funds appropriated for this purpose or from any other funds
legally available for this purpose.
(c) Within 30 days of making any adjustment pursuant to this
section,
the Department of Finance shall report the adjustment in writing to
the
Joint Legislative Budget Committee.
SEC. 4.80. (a) In the event bonds authorized for issuance by the
State Public Works Board are not sold and interim financing costs
have
been incurred, departments that have incurred those costs shall
commit a
sufficient portion of their support appropriations to repay the
interim
financing costs.
SEC. 4.90. Notwithstanding any other provision of law, the
Department of Finance may transfer any funds previously transferred
from the General Fund to the Architectural Revolving Fund back to the
General Fund.
SEC. 4.95. Notwithstanding any other provision of law, the
Department of Finance may transfer any funds previously transferred
from the General Fund to the Inmate Construction Revolving Account
back to the General Fund.
SEC. 5.25. (a) Payment of the attorney's fees specified in
paragraphs (1) and (2) arising from actions in state courts against
the
state, its officers, and officers and employees of state agencies,
departments, boards, bureaus, or commissions, shall be paid from
items
of appropriation in this act that support the state operations of the
affected agency, department, board, bureau, or commission:
(1) State court actions filed pursuant to Section 1021.5 of the
Code
of Civil Procedure, the "private attorney general" doctrine, or the
"substantial benefit" doctrine.
(2) Writ of mandate actions filed pursuant to Section 10962 of the
Welfare and Institutions Code.
(b) Expenditures pursuant to subdivision (a) shall be made by the
Controller, subject to the approval of the Director of Finance, and
shall
be charged to the fiscal year in which the disbursement is issued.
(c) A payment shall not be made by the Controller for expenditures
pursuant to subdivision (a) except in full and final satisfaction of
the claim,
settlement, compromise, or judgment for attorney's fees incurred in
connection with a single action.
(d) The Director of Finance shall notify the Chairperson of the
Joint
Legislative Budget Committee, the Chairperson of the Senate Committee
on Budget and Fiscal Review, and the Chairperson of the Assembly
Budget Committee pursuant to Items 9840-001-0001, 9840-001-0494,
and 9840-001-0988 of Section 2.00 when there are insufficient funds
appropriated in this act in support of the state operations of the
affected
agency, department, board, bureau, or commission to satisfy the claim
completely.
SEC. 5.40. (a) It is the intent of the Legislature that all
amounts
appropriated by this act to the following departments to implement
the
CALFED Bay-Delta Program shall be available for expenditure in
accordance with the schedule of expenditures for the CALFED BayDelta
Program, broken down by program element, as set forth in Item 3870 of
the Supplemental Report to this act:
(1) Item 0540--Secretary for Resources
(2) Item 3480--Department of Conservation
(3) Item 3540--Department of Forestry and Fire Protection
(4) Item 3560--State Lands Commission
(5) Item 3600--Department of Fish and Game
(6) Item 3640--Wildlife Conservation Board
(7) Item 3760--State Coastal Conservancy
(8) Item 3820--San Francisco Bay Conservation and Development
Commission
(9) Item 3860--Department of Water Resources
(10) Item 3870--California Bay-Delta Authority
(11) Item 3940--State Water Resources Control Board
(12) Item 8570--Department of Food and Agriculture
(b) The amounts appropriated by this act to implement the CALFED
Bay-Delta Program shall be available only for projects, activities,
and
purposes that are consistent with the CALFED Record of Decision,
including the accompanying environmental impact
statement/environmental impact report previously certified by the
state
lead agency pursuant to Division 13 (commencing with Section 21000)
of
the Public Resources Code.
(c) The amounts appropriated from accounts established under
Division 24 (commencing with Section 78500) and Division 26
(commencing with Section 79000) of the Water Code shall be limited to
the
purposes provided for by those provisions.
(d) Notwithstanding Sections 26.00 and 28.50 of this act, the
Director of Finance may, pursuant to a request by an affected agency
specified in subdivision (a) of this section seeking the transfer and
the
California Bay-Delta Authority, or pursuant to a joint request of
these
agencies where more than one agency is affected, authorize a transfer
of
an amount that exceeds $200,000 from an amount available for
expenditure in one scheduled program element to one or more of the
other scheduled elements. Any transfer may be authorized pursuant to
this
provision not sooner than 30 days after notification in writing of
the
transfer is provided to the chairpersons of the fiscal committees in
each
house of the Legislature and the Chairpersons of the Joint
Legislative
Budget Committee, or not sooner than whatever lesser time the
Chairpersons of the Joint Legislative Budget Committee, or his or her
designee, may in each instance determine. The notification to the
Legislature shall specify the justification for the transfer.
SEC. 5.45. (a) The Department of Finance shall provide
information
to the Legislature on resources bond funds for the CALFED program
contained in the base budget at the time the Governor's Budget is
submitted to the Legislature. Information provided should include the
amount of bond funds, the source of bond funds, and the activities
and
positions supported by the funds.
(b) The Department of Finance shall annually submit budget change
proposals to the Legislature for CALFED-related local assistance and
capital outlay expenditures supported by resources bond funds.
SEC. 6.00. No more than $100,000 of the funds appropriated for
support purposes under Section 2.00 or any other sections of this act
may be encumbered for preliminary plans, working drawings, or
construction of any project for the alteration of a state facility
unless the
Director of Finance determines that the proposed alteration is
critical and
that it is necessary to proceed using funds appropriated for support
purposes. Any approved critical project costing more than $100,000
shall be reported to the Chairperson of the Joint Legislative Budget
Committee or his or her designee, not less than 30 days prior to
requesting bids for the project. The report shall detail those
factors that
make the project so critical that it must proceed using support
funds. No
project described by this section may cost more than $400,000.
SEC. 8.00. (a) Notwithstanding Section 28.00 of this act, any
amounts received from the federal government for the purposes of
funding antiterrorism costs in the state that exceed the current
appropriation of federal funds for that purpose, are hereby
appropriated.
These federal funds shall be allocated upon order of the Director of
Finance to state departments for state or local assistance purposes
or
directly to local governments to address high-priority needs for
costs of
funding antiterrorism incurred in the 2004-05 fiscal year and ongoing
or
new costs for the 2005-06 fiscal year.
(b) Allocations made to state departments may be used to offset
expenditures paid or to be paid from other funding sources.
Allocations
made for the purpose of an offset shall be applied as a negative
expenditure to the appropriation where the expenditure has, or will
be
charged.
(c) Allocations pursuant to this section may be authorized not
sooner
than 30 days after notification, to the Chairperson of the Joint
Legislative
Budget Committee, or not sooner than whatever lesser time the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, may in each instance determine.
SEC. 8.50. (a) In making appropriations to state agencies that
are
eligible for federal programs, it is the intent and understanding of
the
Legislature that applications made by the agencies for federal funds
under
federal programs shall be for the maximum amount allowable under
federal law. Therefore, any amounts received from the federal
government are hereby appropriated from federal funds for expenditure
or for transfer to, and disbursement from, the State Treasury fund
established for the purpose of receiving the federal assistance
subject to
any provisions of this act that apply to the expenditure of these
funds,
including Section 28.00 of this act.
(b) However, if federal funds for block grant programs assumed by
the state or for any item receiving federal funds are reduced by more
than
5 percent of the amount appropriated in this act, the Director of
Finance
shall notify the chairperson of the committee in each house which
considers appropriations, and the Chairperson of the Joint
Legislative
Budget Committee, in writing within 30 days after notification by the
federal government that federal funds have been reduced, and shall
include an estimate of the amount of the available or anticipated
federal
funds, the 2005-06 fiscal year expenditures of each program affected
by
the reduction, the effect of reduced funding on service levels
authorized
by this act, and a plan of reduced expenditures for each program
affected by the reduction. The plan shall be operational on an
interim
basis for up to 45 days pending legislative review, after which time
the
plan shall become permanent.
SEC. 8.51. Each state agency shall, by certification to the
Controller,
identify the account within the Federal Trust Fund when charges are
made against any appropriation made herein from the Federal Trust
Fund.
SEC. 8.52. (a) The Director of Finance may reduce items of
appropriation upon receipt or expenditure of federal trust funds in
lieu of
the amount appropriated for the same purpose and may make alloca
tions
for the purpose of offsetting expenditures. Allocations made for the
purpose of offsetting existing expenditures shall be applied as a
negative
expenditure to the appropriation where the expenditure was charged.
(b) The director shall notify in writing the Chairperson of the
Joint
Legislative Budget Committee and the chairpersons of the fiscal
committees in each house of the Legislature not less than 30 days
prior to
the effective date of any adjustments to items of appropriations made
pursuant to this section or not sooner than whatever lesser time the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, may in each instance determine. The notification shall
include,
but not be limited to, the basis for the proposed appropriations
adjustments, a description of the fiscal assumptions used in making
the
appropriation adjustments, and any necessary background information
regarding the programs to be adjusted. Any expenditure of federal
funds
for purposes other than offsetting other fund appropriations shall
continue
to be subject to the provisions of Section 28.00.
SEC. 8.53. It is the intent of the Legislature that reductions to
federal
funds appropriated in the Budget Bill enacted for each fiscal year,
resulting from federal audits, be communicated to the Legislature in
a
timely manner. Therefore, notwithstanding any other provision of law,
an
agency, department, or other state entity receiving a final federal
audit or
deferral letter shall provide a copy of it to the Chairperson of the
Joint
Legislative Budget Committee within 30 days.
SEC. 9.20. Notwithstanding Section 15860 of the Government
Code, the amount of funds expended for administrative costs
associated
with any appropriation contained in this act for acquisition of
property
pursuant to the Property Acquisition Law (Part 11 (commencing with
Section 15850) of Division 3 of Title 2 of the Government Code) shall
be
limited to the amount specified for those costs in the Supplemental
Report
of the Budget Act of 2005. Amounts for administrative costs may be
augmented by no more than 5 percent by the State Public Works Board.
Notwithstanding the foregoing, any amounts needed for administrative
costs associated with acquisition through the condemnation authority
of
the State Public Works Board shall be provided through augmentation
of
the affected appropriations as authorized by existing law.
SEC. 9.30. In the event that federal courts issue writs of
execution
for the levy of state funds and such writs are executed, the State
Controller shall so notify the Department of Finance. The Department
of
Finance shall then notify the State Controller of the specific
appropriation
or fund to be charged. Federal writs of execution for the levy of
state
funds may only be charged against appropriations or funds having a
direct
programmatic link to the circumstances under which the federal writ
was
issued. If the appropriate department or agency no longer exists, or
no
linkage can be identified, the federal writ shall be charged to the
unappropriated surplus of the General Fund. In the event that an
appropriation in the act would have insufficient funding by such a
charge,
funding augmentations must follow the regular budget processes.
SEC. 9.45. (a) Any state agency, department, board, or commission
shall provide notification to the Department of Finance and the Joint
Legislative Budget Committee not less than 30 days prior to com
mitting
funding from Proposition 40 or Proposition 50, if all of the
following
criteria apply:
(1) The funds will be used, either directly or through a grant,
for the
purchase of interests in, or the restoration or rehabilitation of
property.
(2) The funds will be used for a grant or project that is not
appropriated in statute by name or description.
(3) The total expenditure for the project, including, but not
limited to,
Proposition 40 or Proposition 50 funds, is in excess of $25 million.
(b) The notification shall include a detailed description of the
portion
of the project being funded and a detailed description of the whole
project. For the purposes of this section, the criteria set forth in
subdivision (a) shall apply to both single transactions and
cumulative
transactions that involve the purchase of properties near or adjacent
to
each other.
(c) For purchases and grants meeting the criteria set forth in
subdivision (a), the state agency, department, board, or commission
may
take public actions and hold public meetings prior to 30 days
following
notification only if such actions are expressly approved pending the
completion of the 30-day review by the Department of Finance and the
Joint Legislative Budget Committee, or not sooner than whatever
lesser
time the Chairperson of the Joint Legislative Budget Committee, or
his or
her designee, may in each instance determine. The seller or grantee
must
be explicitly notified in writing of this condition 10 days prior to
any action
taken.
SEC. 9.50. For minor capital outlay projects for which, pursuant
to
Sections 10108 and 10108.5 of the Public Contract Code, the services
of the Department of General Services are not required and a state
agency or department is authorized to carry out its own project, the
amount of the unencumbered balance of the project shall be determined
in accordance with Section 14959 of the Government Code. Upon
receipt of bids for the project, an estimate of any amount necessary
for
the completion of the project, including supervision, engineering,
and
other items, if any, shall be deemed a valid encumbrance and shall be
included with any other valid encumbrance in determining the amount
of
an unencumbered balance.
SEC. 11.00. (a) A state agency to which state funds are
appropriated by one or more statutes, including this act, for an
information technology project may not enter into, or agree to any
contract or any contract amendment, in the 2005-06 fiscal year that
results, in the aggregate, in an increase in the budgeted cost of the
project
exceeding five hundred thousand dollars ($500,000), or 10 percent of
the
budgeted cost of the project, whichever is less, unless the approval
of the
Director of Finance is first obtained and written notification of
that
approval is provided by the department to the Chairperson of the
Joint
Legislative Budget Committee, and the chairperson of the budget
committee of each house of the Legislature, not less than 30 days
prior to
the effective date of the approval, or not sooner than whatever
lesser time
the chairperson of the joint committee, or his or her designee, may
in
each instance determine. Each notification required by this section
shall
(1) explain the necessity and rationale for the proposed contract or
amendment, (2) identify the cost savings, revenue increase, or other
fiscal
benefit of the proposed contract or amendment, and (3) identify the
funding source for the proposed contract or amendment.
(b) Subdivision (a) does not apply to a resulting increase in the
budgeted cost of a project that is less than one hundred thousand
dollars
($100,000), or that is funded by an augmentation authorized pursuant
to
Section 26.00 of this act.
(c) The following definitions apply for the purposes of this
section:
(1) "Budgeted cost of a project" means the total cost of the
project
as identified in the most recent feasibility study report, special
project
report, or equivalent document submitted to the Legislature in
connection
with its consideration of a bill that appropriated any state funding
for that
project.
(2) "State agency" means each agency of the state that is subject
to
Article 2 (commencing with Section 13320) of Chapter 3 of Part 3 of,
Division 3 of Title 2 of the Government Code except that this control
section shall not apply to the University of California, the
California State
University, the State Compensation Insurance Fund, the community
college districts, agencies provided for by Article VI of the
California
Constitution, or the Legislature.
SEC. 11.05. (a) Whenever an appropriation is made in this act for
an information technology project which exceeds the appropriation
provided by the Budget Act of 2004 (Ch. 208, Stats. 2004) for that
project or for new projects and the Department of Finance has not
approved the project or its modifications prior July 1, 2005, the
increased appropriation is authorized not sooner than 30 days after
the
Department of Finance notifies in writing the chairperson of the
budget
committee in each house of the Legislature and the Chairperson of the
Joint Legislative Budget Committee that it has been approved, or
within a
lesser time that the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, may in each instance determine.
The
notification shall include, but is not limited to, the following: (1)
a
description of the information technology project; (2) the approved
project costs for the 2005-06 fiscal year and future fiscal years;
and (3)
the project's start and implementation dates.
(b) Consistent with state policy, departments are required to
provide
the information technology project documents to the Legislative
Analyst's
Office.
(c) Information technology projects are exempted from this section
if
the Department of Finance, prior to June 1, 2005, directed the
department responsible for managing the project to provide
information
technology project documents after the completion of specific project
events.
(d) If the amount approved by the Department of Finance is less
than
the amount appropriated in this act, the department responsible for
managing the project may spend only up to the amount approved by the
Department of Finance. Any remaining funds shall revert to the fund
of
appropriation at the time of project approval.
(e) It is the intent of the Legislature that departments follow
state
policy for requesting and approving new or modified information
technology projects. It is the intent of the Legislature that this
section not
substitute for the submission of funding requests for information
technology projects through the annual budget process. This section
shall
apply only one year. For the Budget Act of 2006, it is the intent of
the
Legislature to not approve additional funding for new or modified
information technology projects that have not been approved or
delegated by the Department of Finance prior to or upon budget
submission to the Legislature.
SEC. 11.10. (a) Before a department may enter into or amend a
statewide software license agreement not previously approved by the
Legislature that obligates state funds in the current year or future
years,
the Director of Finance shall notify the Legislature whether or not
the
obligation will result in a net expenditure or savings. A department
shall
prepare and submit to the Department of Finance a business proposal
containing the following elements: installed base analysis, future
use
(including assumptions for future use), the reason for choosing a
statewide
license agreement rather than any other procurement method such as a
volume purchase agreement, a cost/benefit analysis, a cost allocation
methodology, and funding plan. A statewide software license agreement
may not be entered into or amended unless the approval of the
Director
of Finance is first obtained and written notification of that
approval is
provided by the department to the Chairperson of the Joint
Legislative
Budget Committee, and the chairperson of the budget committee of each
house of the Legislature, not less than 30 days prior to the
effective date
of the approval, or not sooner than whatever lesser time the
chairperson
of the joint committee, or his or her designee, may in each instance
determine. Each notification required by this section shall:
(1) Explain the necessity and rationale for the proposed
agreement.
(2) Identify the cost savings, revenue increase, or other fiscal
benefit
of the proposed agreement.
(3) Identify the funding source for the proposed agreement.
(b) For purposes of this section, "statewide software license
agreement" means a software license contract that can be used by
multiple state agencies subject to Article 2 (commencing with
Section
13320) of Chapter 3 of Part 3 of, Division 3 of Title 2 of the
Government
Code except that this control section shall not apply to the
University of
California, the California State University, the State Compensation
Insurance Fund, the community college districts, agencies provided
for by
Article VI of the California Constitution, or the Legislature.
(c) Subdivision (a) does not apply if the amount of the proposed
contract or amendment is less than $1,000,000 in the aggregate.
SEC. 11.11. In order to protect the privacy of state employees
and
ensure the security of the payment of public funds, all departments,
boards, offices, and other agencies and entities of the state shall
distribute
pay warrants and direct deposit advices to employees in a manner that
ensures that personal and confidential information contained on the
warrants and direct deposit advices is protected from unauthorized
access. The Department of Personnel Administration shall advise all
departments, boards, offices, and other agencies and entities of
state
government of the requirements contained in this section.
SEC. 11.52. Notwithstanding any other provision of law, the State
Controller shall transfer to the General Fund the unencumbered
balance,
as of June 30, 2005, from the Energy and Resources Fund.
SEC. 12.00. For the purposes of Article XIII B of the California
Constitution, there is hereby established a state "appropriations
limit" of
sixty-eight billion eight hundred ninety million dollars
($68,890,000,000)
for the 2005-06 fiscal year.
Any judicial action or proceeding to attack, review, set aside,
void,
or annul the "appropriations limit" for the 2005-06 fiscal year shall
be
commenced within 45 days of the effective date of this act.
SEC. 12.30. There is hereby appropriated from the General Fund
for transfer to the Special Fund for Economic Uncertainties by the
Controller, upon order of the Director of Finance, an amount
necessary
to bring the balance of this special fund up to the amount stated in
the
2005-06 Final Change Book for the 2005-06 fiscal year ending balance
in the Special Fund for Economic Uncertainties. The amount so
transferred shall be reduced by the amount of excess revenues subject
to
Section 2 of Article XIII B of the California Constitution, as
determined
by the Director of Finance.
SEC. 12.32. (a) It is the intent of the Legislature that
appropriations
that are subject to Section 8 of Article XVI of the California
Constitution
be designated with the wording "Proposition 98." In the event these
appropriations are not so designated, they may be designated as such
by
the Department of Finance, where that designation is consistent with
legislative intent, within 30 days after notification in writing of
the
proposed designation to the chairperson of the committee in each
house
of the Legislature that considers appropriations and the Chairperson
of
the Joint Legislative Budget Committee, or within a lesser time that
the
chairperson of the joint committee, or his or her designee,
determines.
(b) Pursuant to the Proposition 98 funding requirements
established in
Chapter 2 (commencing with Section 41200) of Part 24 of the Education
Code, the total appropriations for Proposition 98 for the 2005-06
fiscal
year are $36,590,833,000 or 44.5 percent of total General Fund
revenues and transfers subject to the state appropriations limit.
General
Fund revenues appropriated for school districts are $33,070,754,000
or
40.2 percent of total General Fund revenues and transfers subject to
the
state appropriations limit. General Fund revenues appropriated for
community college districts are $3,413,274,000 or 4.2 percent of
total
General Fund revenues and transfers subject to the state
appropriations
limit. General Fund revenues appropriated for other state agencies
that
provide direct elementary and secondary level education, as defined
in
Section 41302.5 of the Education Code, are $106,805,000 or 0.1
percent of total General Fund revenues and transfers subject to the
state
appropriations limit.
SEC. 12.40. (a) Notwithstanding any other provision of law, not
more than 10 percent of the amount apportioned to any school
district,
county office of education, or other educational agency under the
programs funded in this act that were funded in Item 6110-230-0001 of
Section 2.00 of SB 160 of the 1999-2000 Regular Session, as
introduced on January 8, 1999, may be expended by that recipient for
the purposes of any other program for which the recipient is eligible
for
funding under those items, except that the total amount of funding
allocated to the recipient under this item that is expended by the
recipient
for the purposes of any of those programs shall not exceed 115
percent
of the amount of state funding allocated pursuant to the
appropriations to
that recipient for those programs in this act for the 2005-06 fiscal
year.
Notwithstanding any other provision of law, for the 2005-06 fiscal
year,
local education agencies may also use this authority to provide the
funds
necessary to initiate a conflict resolution program pursuant to
Chapter 2.5
(commencing with Section 32260) of Part 19 of the Education Code, and
to continue to support following the three-to-five year state grant
period.
(b) The education programs that are eligible for the flexibility
provided in subdivision (a) included the following items: Items
6110-111-0001, 6110-119-0001, 6110-122-0001, 6110-124-0001,
6110-128-0001, 6110-151-0001, 6110-167-0001, 6110-181-0001,
6110-193-0001, 6110-203-0001, 6110-209-0001, and
6110-224-0001 of this act.
(c) As a condition of receiving the funds provided for the
programs
identified in subdivision (b), local education agencies shall report
to the
State Department of Education by October 15, 2006, on any amounts
shifted between these programs pursuant to the flexibility provided
in
subdivision (a). The Department of Education shall collect and
provide
this information to the Joint Legislative Budget Committee, chairs
and
vice chairs of the fiscal committees for education of the Legislature
and
the Department of Finance, by February 1, 2007.
SEC. 12.60. It is the intent of the Legislature that education
programs with voluntary participation be funded at statutorily
authorized
levels. Notwithstanding any other provision of law, the Controller,
upon
approval of the Director of Finance, shall transfer unobligated funds
between any of the following voluntary participation programs to the
extent needed to fully fund eligible participation. First priority
for
allocation of savings shall be given to the CalSAFE program, Item
6110-198-0001. The Department of Finance shall notify the Joint
Legislative Budget Committee of any transfers made under this control
section. The items between which the Controller may transfer funds
pursuant to this section are the following: Items 6110-104-0001,
6110-190-0001, 6110-195-0001, 6110-198-0001, 6110-211-0001,
6110-232-0001, and 6110-234-0001.
SEC. 12.75. The Superintendent of Public Instruction shall reduce
by $1,126,000 funding for basic aid school districts from the
Proposition
98 categorical funds appropriated in this act that would otherwise be
allocated to basic aid school districts, in accordance with
legislation that
goes into effect on or before January 1, 2006.
SEC. 13.00. (a) Notwithstanding any other provision of law,
expenditures under Item 0160-001-0001 of Section 2.00 of this act or
any appropriation in augmentation of that item shall be exempt from
Chapter 7 (commencing with Section 11700) of Part 1 of, and Article 2
(commencing with Section 13320) of Chapter 3 of Part 3 of, Division 3
of Title 2 of the Government Code, Division 2 (commencing with
Section
1100) of the Public Contract Code, and subdivision (a) of Section 713
of
Title 2 of the California Code of Regulations, and may be expended as
set forth in the Governor's Budget, or for other purposes, including
expenditures for the number of positions in various classifications
authorized by the Joint Rules Committee.
(b) Notwithstanding any other provision of law, the unencumbered
balances as of June 30, 2006, of the appropriations made by Items
0160-001-0001 and 8840-001-0001 of the Budget Act of 2005 are
reappropriated and shall be
available for encumbrance until June 30,
2007, for the same programs and purposes for which appropriations for
these items have been made by this act.
(c) Notwithstanding any other provision of law, all money that is
received as payment for the sale of services or personal property by
the
agency that has not been taken into consideration in the schedule of
Item
0160-001-0001 or is in excess of the amount so taken into con
sideration is to be credited to that item and is hereby appropriated
in
augmentation of that item for the same programs and purposes for
which
appropriations for that item have been made by this act.
(d) Notwithstanding any other provision of law, the Legislative
Counsel Bureau may convert or reclassify positions in the bureau, as
deemed appropriate by the Legislative Counsel, for inclusion, or
redesignation, in the career executive assignment band, to the extent
that
the total number of positions in the career executive band in the
bureau
does not exceed 3 percent of the positions in the bureau. Any
position
that is converted or reclassified shall not be subject to review or
approval
by the Department of Personnel Administration or State Personnel
Board.
SEC. 14.00. (a) Notwithstanding any other provision of law, if
the
Director of the Department of Consumer Affairs determines in writing
that
there is insufficient cash in a special fund under the authority of a
board,
commission, or bureau of the department to make one or more payments
currently due and payable, the director may order the transfer of
moneys
to that special fund, in the amount necessary to make the payment or
payments, as a loan from a special fund under the authority of
another
board, commission, or bureau of the department. That loan shall be
subject to all of the following conditions:
(1) No loan from a special fund shall be made that would interfere
with the carrying out of the object for which the special fund was
created.
(2) The loan shall be repaid as soon as there is sufficient money
in the
recipient fund to repay the amount loaned, but no later than a date
18
months after the date of the loan. Interest on the loan shall be paid
from
the recipient fund at the rate accruing during the loan period to
moneys in
the Pooled Money Investment Account.
(3) The amount loaned shall not exceed the amount that the
appropriate board, commission, or bureau is statutorily authorized at
the
time of the loan to expend during the 2005-06 fiscal year from the
recipient fund.
(4) The terms and conditions of the loan are approved, prior to
the
transfer of funds, by the Department of Finance pursuant to
appropriate
fiscal standards.
(b) (1) Notwithstanding any other provision of law, the Department
of Consumer Affairs, during the 2005-06 fiscal year, may order the
release of moneys from the clearing account in the Consumer Affairs
Fund in an amount exceeding the amount advanced to the clearing
account from a special fund within the department, as a loan to make
one
or more payments on behalf of that special fund that are currently
due
and payable. To the extent that the amount of moneys currently in the
clearing account is insufficient to make the payment or payments on
behalf of that special fund, the department may transfer additional
moneys
to the clearing account from any other special fund under the
authority of
a board, commission, or bureau of the department to include in the
loan.
A loan made to a special fund under this subdivision shall be subject
to all
of the following conditions:
(A) The loan shall not be made if it would reduce the amount
advanced to the clearing account from another special fund, or the
amount contained in that special fund, as applicable, to an extent
that
would interfere with the carrying out of the object for which that
special
fund was created.
(B) The loan shall be repaid as soon as there is sufficient money
in the
recipient fund to repay the amount loaned, but no later than a date
60
days after the date of the loan.
(C) The amount loaned shall not exceed the amount that the
appropriate board, commission, or bureau is statutorily authorized at
the
time of the loan to expend during the 2005-06 fiscal year from the
recipient fund.
(2) For purposes of this subdivision, the "clearing account" in
the
Consumer Affairs Fund is the account established in that fund,
consisting
of moneys advanced from the various special funds within the
department, from which the Department of Consumer Affairs pays
operating and other expenses of each special fund in an amount
ordinarily
not exceeding the amount advanced from that special fund.
(c) The Director of the Department of Consumer Affairs shall
provide
a report by March 1, 2006, on all loans initiated or repayments made
pursuant to subdivision (a) or (b) within the preceding 12-month
period
to the chairperson of the budget committee, and the chairperson of
the
appropriate legislative oversight committee, of each house of the
Legislature.
(d) At least 10 days prior to initiating a loan to be made
pursuant to
subdivision (a) or (b), the Director of the Department of Consumer
Affairs shall provide written notification to the Joint Legislative
Budget
Committee if either (1) any loan from any one fund exceeds $200,000
or
(2) the aggregate amount of loans from any one fund exceeds $200,000.
SEC. 17.00. The Budget Act of 2005 includes $67,968,000
($15,899,000 from the General Fund, $47,434,000 from federal funds,
$1,088,000 from special funds, and $3,547,000 from reimbursements)
for applicant state agencies, departments, boards, commissions, or
other
entities of state government in support of federal Health Insurance
Portability and Accountability Act (HIPAA) of 1996 activities. These
funds are allocated to the following entities:
California Health and Human Services Agency
General Fund
2,992,000
Reimbursements
616,000
Public Employees' Retirement System
Special Funds
223,000
Office of Statewide Health Planning and Development
Special Funds
102,000
Department of Aging
General Fund
12,000
Reimbursements
12,000
Department of Alcohol and Drug Programs
General Fund
831,000
Reimbursements
960,000
Department of Health Services
General Fund
9,871,000
Special Funds
508,000
Federal Funds
47,388,000
Managed Risk Medical Insurance Board
General Fund
25,000
Special Funds
30,000
Federal Funds
46,000
Department of Developmental Services
General Fund
968,000
Reimbursements
882,000
Department of Mental Health
General Fund
1,075,000
Reimbursements
1,077,000
Department of Personnel Administration
Special Funds
225,000
Department of Veterans Affairs
General Fund
125,000
SEC. 24.00. For the 2005-06 fiscal year, the donations and oil
and
mineral revenues from federal lands that are deposited in the State
School
Fund shall be divided between Section A and Section B of the State
School Fund, with 85 percent of these revenues to be credited to
Section
A of the fund exclusively for regular apportionments for school
districts
serving pupils in kindergarten or any of grades 1 to 12, inclusive,
and 15
percent to Section B of the fund exclusively for community college
district
regular apportionments. The amounts accruing to the State School
Fund
under this section shall be disbursed fully before any General Fund
transfers to Section A or Section B of the State School Fund are
disbursed for regular apportionments.
SEC. 24.03. Notwithstanding any other provision of law, funds
appropriated by Section 2.00, Section 8.50, Section 28.00, Section
28.50, or any other provision of this act may not be expended for the
support of any program, network, or material, with the exception of
instruction to pupils who are identified as deaf or hearing impaired
pursuant to 34 C.F.R. 300.7(b) paragraphs (3) and (4), that promotes
or
uses reading instruction methodologies that emphasize contextual
clues in
lieu of fluent decoding.
SEC. 24.10. (a) Notwithstanding Section 1464 of the Penal Code
or Section 41304 of the Education Code, the first one million one
hundred six thousand dollars ($1,106,000) received by the Driver
Training Penalty Assessment Fund for the 2005-06 fiscal year shall
be
available for the purposes of Item 6110-001-0178 of Section 2.00 of
this
act. The amount retained by the Driver Training Penalty Assessment
Fund
for the purposes of Item 6110-001-0178 may be adjusted by the
Department of Finance for actions pursuant to any control section of
this
act.
(b) After moneys are retained by the Driver Training Penalty
Assessment Fund pursuant to subdivision (a), the Controller shall
transfer
any remaining balances as follows: $4,121,000 to the Victim Witness
Assistance Fund; and $14,000,000 to the Peace Officers' Training
Fund.
Any remaining unallocated moneys in the Driver Training Penalty
Assessment Fund shall be transferred to the General Fund.
SEC. 24.30. Notwithstanding any other provision of law, the
Controller, upon order of the Director of Finance, shall transfer
rental
income received in the 2005-06 fiscal year pursuant to Section 17089
of
the Education Code, in an amount determined by the Department of
Finance, from the State School Building Aid Fund to the General Fund.
SEC. 24.50. An amount equal to the amount finally appropriated in
Item 6110-191-0001 of Section 2.00 is hereby appropriated from the
Proposition 98 Reversion Account to the Chancellor of the California
Community Colleges for local assistance for Career and Technical
Education Programs pursuant to legislation which is enacted during
the
2005-06 Regular Session and which is effective on or before January
1,
2006.
SEC. 24.60. Each state entity receiving lottery funds shall
annually
report to the Governor and the Legislature on or before May 15 the
amount of lottery funds that the entity received and the purposes for
which those funds were expended in the prior fiscal year, including
administrative costs. The State Department of Education shall report
on
behalf of K-12 entities. If applicable, the entity shall also report
the
amount of lottery funds received on the basis of adult education
average
daily attendance (ADA) and the amount of lottery funds expended for
adult education.
SEC. 24.70. From the funds appropriated to the State Department
of Education for local assistance, the department shall ensure that
the
expenditure of funds allocated to a local educational agency (LEA),
through a contract between the department and the LEA or through a
grant from the department to the LEA, shall be subject to the LEA's
fiscal
accountability policies and procedures. If it is necessary for the
LEA to
establish a separate entity to complete the work scope of the
contract or
grant, the fiscal accountability policies and procedures for that
entity shall
be the same as those of the LEA, or amended only with the approval of
both the superintendent of schools of the LEA and a fiscal
representative
of the department designated by the Superintendent of Public
Instruction.
Further, the department shall have the authority to provide for an
audit of
the expenditures under the contract or grant between the department
and
the LEA to verify conformance with appropriate fiscal accountability
policies and procedures. The cost of the audit, if required, shall be
charged to the audited contract or grant.
SEC. 25.25. Notwithstanding any other provision of law, a sum not
to exceed $7,887,000 is appropriated from various special and
nongovernmental cost funds to the State Controller for payment of
costs
to support the replacement of the existing automated human resource/
payroll systems known as the 21st Century Project. The Controller
shall
assess these funds in sufficient amounts to pay for the authorized
21st
Century Project costs that are attributable to such funds pursuant to
Government Code Section 12432. Assessments in support of the
expenditures for the 21st Century Project shall be made quarterly and
the
total amount assessed from these funds in the 2005-06 fiscal year
shall
not exceed the total expenditures incurred by the State Controller
for the
21st Century Project that are attributable to those funds in the
2005-06
fiscal year.
SEC. 25.50. Notwithstanding any other provision of law, an amount
not to exceed one million six hundred eighty-five thousand dollars
($1,685,000) is hereby appropriated from various funds to the State
Controller as specified below for reimbursement of costs for the
procurement, development, and implementation of a new Apportionment
Payment System:
0046 Public Transportation Account $ 17,000
0062
Highway Users Tax Account 525,000
0064
Motor Vehicle License Fee Account 34,000
0330
Local Revenue Fund 417,000
0877
DMV Local Agency Collection Fund 6,000
0932
Trial Court Trust Fund 288,000
0965
Timber Tax Fund 2,000
0969
Public Safety Account 396,000
Total, All Funds $1,685,000
The Controller shall assess these funds for the costs of the new
Apportionment Payment System because apportionment payments in
excess of ten million dollars ($10,000,000) are made annually from
these
funds. Assessments in support of the expenditures for the
Apportionment
Payment System shall be made monthly, and the total amount assessed
from these funds may not exceed the total expenditures incurred by
the
State Controller for the Apportionment Payment System for the 2005-06
fiscal year.
SEC. 26.00. (a) It is the intent of the Legislature, in enacting
this
section, to provide flexibility for the administrative approval of
intraschedule transfers within individual items of appropriation in
those
instances where the transfers are necessary for the efficient and
cost-effective implementation of the programs, projects, and
functions
funded by this act. No transfer shall be authorized under this
section to
either eliminate any program, project, or function, except when
implementation is found to be no longer feasible in light of changing
circumstances or new information, or establish any new program,
project,
or function.
(b) The Director of Finance may, pursuant to a request by the
officer,
department, division, bureau, board, commission, or other agency to
which an appropriation is made by this act, authorize the
augmentation of
the amount available for expenditure in any schedule set forth for
that
appropriation, by making a transfer from any of the other designated
programs, projects, or functions within the same schedule. No
intraschedule transfer may be made under this section to fund any
capital
outlay purpose, regardless of whether budgeted in a capital outlay or
a
local assistance appropriation. Upon the conclusion of the 2005-06
fiscal
year, the Director of Finance shall furnish the chairpersons of the
committees in each house of the Legislature that consider
appropriations
and the Budget, and the Chairperson of the Joint Legislative Budget
Committee, with a report on all authorizations given pursuant to this
section during that fiscal year.
(c) Intraschedule transfers of the amounts available for
expenditure
for a program, project, or function designated in any line of any
schedule
set forth for that appropriation by transfer from any of the other
des-ignated programs, projects, or functions within the same schedule
shall not exceed, during any fiscal year:
(1) 20 percent of the amount so scheduled on that line for those
appropriations made by this act that are $2,000,000 or less.
(2) $400,000 of the amount so scheduled on that line for those
appropriations made by this act that are more than $2,000,000 but
equal
to or less than $4,000,000.
(3) 10 percent of the amount so scheduled on that line for those
appropriations made by this act that are more than $4,000,000.
(4) The Department of Transportation Highway Program shall be
limited to a schedule change of 10 percent.
(d) Any transfer in excess of $200,000 may be authorized pursuant
to this section not sooner than 30 days after notification in writing
of the
necessity therefor is provided to the chairperson of the committee in
each
house of the Legislature that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the Chairperson of the Joint Legislative
Budget
Committee, or his or her designee, may in each instance determine.
(e) Any transfer in excess of the limitations provided in
subdivision (c)
may be authorized not sooner than 30 days after notification in
writing of
the necessity to exceed the limitations is provided to the
chairperson of
the committee in each house that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee or his or her
designee, may in each instance determine.
SEC. 28.00. (a) It is the intent of the Legislature in enacting
this
section to provide flexibility for administrative approval of
augmentations
for the expenditure of unanticipated federal funds or other nonstate
funds
in cases that meet the criteria set forth in this section. However,
this
section does not provide an alternative budget process, and proposals
for
additional spending ordinarily should be considered in the annual
State
Budget or other state legislation.
(b) The Director of Finance may authorize the augmentation of the
amount available for expenditure for any program, project, or
function in
the schedule of any appropriation in this act or any additional
program,
project, or function equal to the amount of any additional,
unanticipated
funds that he or she estimates will be received by the state during
the
2005-06 fiscal year from any agency of local government or the
federal
government, or from any other nonstate source, provided that the
additional funding meets all of the following requirements:
(1) The funds will be expended for a purpose that is consistent
with
state law.
(2) The funds are made available to the state under conditions
permitting their use only for a specified purpose, and the additional
ex
penditure proposed under this section would apply to that specified
funding purpose.
(3) Acceptance of the additional funding does not impose on the
state
any requirement to commit or expend new state funds for any program
or
purpose.
(4) The need exists to expend the additional funding during the
2005-06 fiscal year.
(c) The Director of Finance also may reduce any program, project,
or function whenever he or she determines that funds to be received
will
be less than the amount taken into consideration in the schedule.
(d) Any augmentation or reduction that exceeds either (1) two
hundred thousand dollars ($200,000) or (2) 10 percent of the amount
available for expenditure in the affected program, project, or
function may
be authorized not sooner than 30 days after notification in writing
of the
necessity is provided to the chairperson of the committee in each
house of
the Legislature that considers appropriations, the chairpersons of
the
committees, and the appropriate subcommittees, in each house that
considers the State Budget, and the Chairperson of the Joint
Legislative
Budget Committee, or not sooner than whatever lesser time the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, may in each instance determine. With regard to any proposed
augmentation, the notification shall state the basis for the
determination by
the Director of Finance that the augmentation meets each of the
requirements set forth in subdivision (b). This notification
requirement
does not apply to federal funds related to caseload increases in
Medi-Cal, California Work Opportunity and Responsibility to Kids
(CalWORKs), and Supplemental Security Income/State Supplementary
Program (SSI/SSP).
(e) Any personnel action that is dependent on funds subject to
this
section shall not be effective until after the provisions of this
section have
been complied with. Any authorization made pursuant to this section
shall
remain in effect for the period the director may determine in each
instance, but in no event after June 30, 2006.
SEC. 28.50. (a) Except as otherwise provided by law, an officer,
department, division, bureau, or other agency of the state may expend
for
the 2005-06 fiscal year all moneys received as reimbursement from
another officer, department, division, bureau, or other agency of the
state
that has not been taken into consideration by this act or any other
statute,
upon the prior written approval of the Director of Finance. The
Department of Finance may also reduce any reimbursement amount and
related program, project, or function amount if funds received from
another officer, department, division, bureau, or other agency of the
state
will be less than the amount taken into consideration in the
schedule.
(b) For any expenditure of reimbursements or any transfer for the
2005-06 fiscal year that exceeds two hundred thousand dollars
($200,000), the Director of Finance shall provide notification in
writing of
any approval granted under this section, not less than 30 days prior
to
the effective date of that approval, to the chairperson of the
committee in
each house of the Legislature that considers appropriations, the
chairpersons of the committees and the appropriate subcommittees in
each house of the Legislature that consider the State Budget, and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the Chairperson of the Joint Legislative
Budget
Committee, or his or her designee, may in each instance determine.
Increases to reimbursements are not reportable under this section if
the
funding for the other officer, department, division, bureau, or other
agency of the state providing the reimbursement has already been
approved by the Legislature. These adjustments are considered
technical
in nature and are authorized in Section 1.50 of this act.
SEC. 29.00. The Department of Finance shall calculate and publish
a listing of total personnel-years and estimated salary savings for
each
department and agency. These listings shall be published by the
Department of Finance at the same time as the publication of (a) the
Governor's Budget, (b) the May Revision and (c) the Final Change
Book.
(a) The listing provided at the time of the publication of the
Governor's Budget shall contain estimates of personnel-years for the
prior
year, current year, and budget year.
(b) The listing provided at the time of publication of the May
Revision
shall contain estimates of personnel-years proposed for the budget
year.
(c) The listing provided at the time of the publication of the
Final
Change Book shall contain estimates of personnel-years for the budget
year just enacted.
SEC. 30.00. Section 13340 of the Government Code is amended to
read:
13340. (a) Except as provided in subdivision (b), on and after
July
1, 2006, no moneys in any fund that, by any statute other than a
Budget
Act, are continuously appropriated without regard to fiscal years,
may be
encumbered unless the Legislature, by statute, specifies that the
moneys in
the fund are appropriated for encumbrance.
(b) Subdivision (a) does not apply to any of the following:
(1) The scheduled disbursement of any local sales and use tax
proceeds to an entity of local government pursuant to Part 1.5
(commencing with Section 7200) of Division 2 of the Revenue and
Taxation Code.
(2) The scheduled disbursement of any transactions and use tax
proceeds to an entity of local government pursuant to Part 1.6
(commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code.
(3) The scheduled disbursement of any funds by a state or local
agency or department that issues bonds and administers related
programs
for which funds are continuously appropriated as of June 30, 2006.
(4) Moneys that are deposited in proprietary or fiduciary funds of
the
California State University and that are continuously appropriated
without
regard to fiscal years.
(5) The scheduled disbursement of any motor vehicle license fee
revenues to an entity of local government pursuant to the Vehicle
License
Fee Law (Part 5 (commencing with Section 10701) of Division 2 of the
Revenue and Taxation Code).
SEC. 31.00. (a) The appropriations made by this act shall be
subject, unless otherwise provided by law, to Section 13320 of, and
Article
2.5 (commencing with Section 13332) of Chapter 3 of Part 3 of
Division
3 of Title 2 of, the Government Code, requiring expenditures to be
made
in accordance with the allotments and other provisions of fiscal year
budgets approved by the Department of Finance.
(b) The fiscal year budgets shall authorize, in the manner that
the
Department of Finance shall prescribe, all established positions
whose
continuance for the year is approved and all new positions. No new po
sition shall be established unless authorized by the Department of
Finance
on the basis of work program and organization.
(c) The Director of Finance, or his or her authorized designee,
shall
notify the Chairperson of the Joint Legislative Budget Committee
within
30 days of authorizing any position not authorized for that fiscal
year by
the Legislature or any reclassification to a position with a minimum
step
per month of six thousand three hundred thirty-four dollars ($6,334)
as of
July 1, 2005. He or she also shall report all transfers to blanket
authorizations and the establishment of any permanent positions out
of a
blanket authorization.
(d) All positions administratively established pursuant to this
section
during the 2005-06 fiscal year shall terminate on June 30, 2006,
except
for those positions that have been (a) included in the Governor's
Budget
for the 2006-07 fiscal year as proposed new positions, or (b)
approved
by the Department of Finance and reported to the Legislature after
the
2006-07 Governor's Budget submission to the Legislature. The
positions
identified in (a) and (b) above may be reestablished by the
Department of
Finance during the 2006-07 fiscal year, provided
these positions are
shown in the Governor's Budget for the 2007-08 fiscal year as
submitted to the Legislature, or in subsequent Department of Finance
letters to the Legislature, and provided that these positions do not
result
in the establishment of positions deleted by the Legislature through
the
budget process for the 2006-07 fiscal year.
(e) No money in any 2005-06 fiscal year appropriation not
appropriated for that purpose may be expended for increases in salary
ranges or any other employee compensation action unless the
Department
of Finance certifies to the salary and other compensation-setting
authority,
prior to the adoption of the action, that funds are available to pay
the
increased salary or employee compensation resulting from the action.
Prior to certification, the Department of Finance shall determine
whether
the increase in salary range or employee compensation action will
require
supplemental funding in the 2006-07 fiscal year. If the Department of
Finance determines that supplemental funding will be required, no
certification shall be issued unless notification in writing is given
by the
Department of Finance, at least 30 days before certification is made,
to
the chairperson of the committee in each house that considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee, or a lesser time which the chairperson of the joint
committee,
or his or her designee, determines.
(f) A certification on a payroll claim that expenditures therein
are in
accordance with current budgetary provisions as approved by the
Department of Finance shall be sufficient evidence to the Controller
that
these expenditures comply with the provisions of this section.
SEC. 32.00. (a) The officers of the various departments, boards,
commissions, and institutions, for whose benefit and support
appropriations are made in this act, are expressly forbidden to make
any
expenditures in excess of these appropriations. Any indebtedness
attempted to be created against the state in violation of this
section shall
be null and void, and shall not be allowed by the Controller nor paid
out
of any state appropriation. Any member of a department, board,
commission, or institution who shall vote for any expenditure, or
create
any indebtedness against the state in excess of the respective
appropriations made by this act shall be liable both personally and
on his
or her official bond for the amount of the indebtedness, to be
recovered
in any court of competent jurisdiction by the person or persons,
firm, or
corporation to which the indebtedness is owing.
(b) Subdivision (a) does not apply to the expenditure of moneys to
fund continuous appropriations, including appropriations made in the
California Constitution, and federal laws mandating the expenditure
of
funds.
SEC. 33.00. If any item of appropriation in this act is vetoed,
eliminated, or reduced by the Governor under Section 10 of Article IV
of
the California Constitution, while approving portions of this act,
such
veto, elimination, or reduction shall not affect the other portions
of this
act, and these other portions of this act, so approved, shall have
the same
effect in law as if any vetoed or eliminated items of appropriation
had not
been present in this act, and as if any reduced item of appropriation
had
not been reduced.
SEC. 33.50. Notwithstanding any other provision of law, the
Department of Finance is authorized to periodically reduce amounts in
items of appropriation in this act for the 2005-06 fiscal year to
reflect
savings resulting from California's Procurement Initiative for the
21st
Century. The Director of Finance shall notify the Chairperson of the
Joint
Legislative Budget Committee at least 30 days prior to reducing any
item
of appropriation. The notice shall include, but is not limited to:
(a)
identifying which department received the savings; (b) identifying
when
and how the savings were achieved; (c) identifying the types of goods
and
services as to which savings were achieved; and (d) describing the
methodology used to calculate the savings.
SEC. 34.00. If any portion of this act is held unconstitutional,
that
decision shall not affect the validity of any other portion of this
act. The
Legislature hereby declares that it would have passed this act, and
each
portion thereof, irrespective of the fact that any other portion be
declared
unconstitutional.
SEC. 35.50. (a) For purposes of paragraph (1) of subdivision (f)
of
Section 10, and subdivision (f) of Section 12, of Article IV of the
California Constitution, "General Fund revenues" means the total
resources available to the General Fund for a fiscal year.
(b) For purposes of subdivision (f) of Section 12 of Article IV of
the
California Constitution, the estimate of General Fund revenues for
the
2005-06 fiscal year pursuant to this act, as passed by the
Legislature, is
$91,178,000,000.
SEC. 36.00. This act, inasmuch as it provides for appropriations
for
the usual and current expenses of the state, shall, under the
provisions of
Section 8 of Article IV of the California Constitution, take effect
immediately.
SEC. 37.00. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
This act makes appropriations and contains related provisions for
support of state and local government for the 2005-06 fiscal year and
provides for capital outlay appropriations in continuance of existing
programs and to promote and sustain the economy of the state. It is
imperative that these appropriations be made available for
expenditure
not later than July 1, 2005. It is therefore necessary that this act
go into
immediate effect.
INDEX BY BUDGET TITLE
SEC. 99.00. The following provides an index to the appropriations
and related provisions of this act, by organization in alphabetical
order,
with the code number of the affected organization. The organization
code
is the first four numbers of any item number in this act. For ease of
reference, the appropriation items in this act are organized in
numerical
order, and all of the appropriation items for any one organization
are
adjacent to one another.
Department Organization Code
"A"
Administrative Law, Office of . . . 8910
Aging, Commission on . . . 4180
Aging, Department of . . . 4170
Agricultural Labor Relations Board . . . 7300
Air Resources Board, State . . . 3900
Alcohol and Drug Programs, Department of . . . 4200
Alcoholic Beverage Control, Department of . . . 2100
Alcoholic Beverage Control Appeals Board . . . 2120
Alternative Energy and Advanced Transportation Financing
Authority,
California . . . 0971
Arts Council, California . . . 8260
Assembly . . . 0120
Audits, Bureau of State . . . 8855
"B"
Baldwin Hills Conservancy . . . 3835
Bay-Delta Authority, California . . . 3870
Boards. See subject (e.g., Air Resources, Control, etc.) . . .
Boating and Waterways, Department of . . . 3680
Business, Transportation and Housing, Secretary for . . . 0520
"C"
Capital Outlay Planning and Studies Funding . . . 9860
Child Support Services, Department of . . . 5175
Chiropractic Examiners, Board of . . . 8500
Citizens' Compensation Commission, California . . . 8385
Coachella Valley Mountains Conservancy . . . 3850
Coastal Commission, California . . . 3720
Coastal Conservancy, State . . . 3760
Colorado River Board of California . . . 3460
Community Colleges, Board of Governors of the California . . .
6870
Community Services and Development . . . 4700
Conservation, Department of . . . 3480
Conservation Corps, California . . . 3340
Consumer Affairs-Bureaus, Programs and Divisions, Department of .
. .
1111
Consumer Affairs-Regulatory Boards, Department of . . . 1110
Consumer Power and Conservation Financing Authority, California .
. .
8665
Contingencies or Emergencies, Augmentation for . . . 9840
Contingencies or Emergencies, Loans for . . . 9850
Contributions to. See subject (e.g., Judges' Retirement, Teachers'
Retirement, etc.) . . .
Controller, State . . . 0840
Corporations, Department of . . . 2180
Corrections and Rehabilitation, Department of . . . 5225
Councils. See subject (e.g., Arts, etc.) . . .
"D"
Debt and Investment Advisory Commission, California . . . 0956
Debt Limit Allocation Committee, California . . . 0959
Delta Protection Commission . . . 3840
Department of. See subject (e.g., Corrections, Food and
Agriculture,
etc.) . . .
Developmental Disabilities, State Council on . . . 4100
Developmental Services, Department of . . . 4300
"E"
Education Audit Appeals Panel . . . 6125
Education, Department of . . . 6110
Education, Office of the Secretary for . . . 0558
Electricity Oversight Board . . . 8770
Emergency Medical Services Authority . . . 4120
Emergency Services, Office of . . . 0690
Employee Compensation, Augmentation for . . . 9800
Employment Development Department . . . 7100
Energy Resources Conservation and Development Commission . . .
3360
Environmental Health Hazard Assessment, Office of . . . 3980
Environmental Protection, Secretary for . . . 0555
Equalization, State Board of . . . 0860
Equity Claims of California Victim Compensation and Government
Claims Board and Settlements and Judgments by Department of Justice .
. . 9670
"F"
Fair Employment and Housing Commission . . . 1705
Fair Employment and Housing, Department of . . . 1700
Fair Political Practices Commission . . . 8620
Finance, Department of . . . 8860
Financial Institutions, Department of . . . 2150
Fish and Game, Department of . . . 3600
Food and Agriculture, Department of . . . 8570
Forestry and Fire Protection, Department of . . . 3540
Franchise Tax Board . . . 1730
"G"
Gambling Control Commission, California . . . 0855
General Services, Department of . . . 1760
Golden State Tobacco Securitization Corporation . . . 9612
Governor's Office . . . 0500
"H"
Hastings College of the Law . . . 6600
Health Facilities Financing Authority, California . . . 0977
Health and Human Services, Secretary for California . . . 0530
Health and Dental Benefits for Annuitants . . . 9650
Health Services, Department of . . . 4260
High-Speed Rail Authority . . . 2665
Highway Patrol, Department of the California . . . 2720
Horse Racing Board, California . . . 8550
Housing and Community Development, Department of . . . 2240
"I"
Independent Living Council, State . . . 5170
Industrial Development Financing Advisory Commission, California .
. .
0965
Industrial Relations, Department of . . . 7350
Institutions (See Department of Corrections, State Department of
Health,
etc.) . . .
Inspector General, Office of . . . 0552
Insurance, Department of . . . 0845
Integrated Waste Management Board, California . . . 3910
Interest Payments to the Federal Government . . . 9625
"J"
Joint Expenses (Legislature) . . . 0130
Judges' Retirement Fund, Contributions to . . . 0390
Judicial Performance, Commission on . . . 0280
Judicial Branch . . . 0250
Justice, Department of . . . 0820
"L"
Lands Commission, State . . . 3560
Labor and Workforce Development Agency . . . 0559
Law Revision Commission, California . . . 8830
Legislative Analyst, Office of the . . . 0130
Legislative Counsel Bureau . . . 0160
Legislature (See Assembly, Senate, or Joint Expenses) . . .
Library, California State . . . 6120
Lieutenant Governor, Office of the . . . 0750
Local Government Financing . . . 9210
Lottery Commission, California State . . . 0850
"M"
Managed Health Care, Department of . . . 2400
Managed Risk Medical Insurance Board . . . 4280
Mandates, Commission on State . . . 8885
Medical Assistance Commission, California . . . 4270
Mental Health, Department of . . . 4440
Military Department . . . 8940
Milton Marks "Little Hoover" Commission on California State
Government Organization and Economy . . . 8780
Motor Vehicles, Department of . . . 2740
"N"
Native American Heritage Commission . . . 3780
"O"
Occupational Information Coordinating Committee, California . . .
6330
Office of. See subject (e.g., Emergency Services, Planning and
Research, etc.) . . .
"P"
Parks and Recreation, Department of . . . 3790
Payment of Interest on General Fund Loans . . . 9620
Payment to Counties for Costs of Homicide Trials . . . 8180
Peace Officer Standards and Training, Commission on . . . 8120
Personnel Administration, Department of . . . 8380
Personnel Board, State . . . 1880
Pesticide Regulation, Department of . . . 3930
Pilot Commissioners for the Bays of San Francisco, San Pablo and
Suisun, Board of . . . 8530
Planning and Research, Office of . . . 0650
Political Reform Act of 1974 . . . 8640
Postsecondary Education Commission, California . . . 6420
Public Defender, State . . . 8140
Public Employees' Retirement System . . . 1900
Public Employment Relations Board . . . 8320
Public Utilities Commission . . . 8660
"R"
Real Estate, Department of . . . 2320
Real Estate Appraisers, Office of . . . 2310
Rehabilitation, Department of . . . 5160
Resources, Secretary for . . . 0540
"S"
San Diego River Conservancy . . . 3845
San Francisco Bay Conservation and Development Commission . . .
3820
San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
. . . 3825
San Joaquin River Conservancy . . . 3830
Santa Monica Mountains Conservancy . . . 3810
Scholarshare Investment Board . . . 0954
School Finance Authority, California . . . 0985
Science Center, California . . . 1100
Secretary of State . . . 0890
Seismic Safety Commission . . . 8690
Senate . . . 0110
Sierra Nevada Conservancy . . . 3855
Social Services, Department of . . . 5180
Special Resources Program . . . 3110
Special Transportation Programs . . . 2640
State. See subject (e.g., Controller, Treasurer, etc.) . . .
State and Consumer Services, Secretary for . . . 0510
State Mandates, Commission on . . . 8885
Statewide Health Planning and Development, Office of . . . 4140
Status of Women, Commission on the . . . 8820
Student Aid Commission . . . 7980
Summer School for the Arts, California State . . . 6255
"T"
Tahoe Conservancy, California . . . 3125
Tax Credit Allocation Committee, California . . . 0968
Tax Relief . . . 9100
Teacher Credentialing, Commission on . . . 6360
Teachers' Retirement System, State . . . 1920
Technology Services, Department of . . . 1955
Toxic Substances Control, Department of . . . 3960
Traffic Safety, Office of . . . 2700
Transportation, Department of . . . 2660
Transportation Commission, California . . . 2600
Transportation Programs, Special . . . 2640
Treasurer, State . . . 0950
"U"
Uniform State Laws, Commission on . . . 8840
University, California State . . . 6610
University of California . . . 6440
"V"
Veterans Affairs, Department of . . . 8955
Veterans' Home of California--Barstow . . . 8965
Veterans' Home of California--Chula Vista . . . 8966
Veterans' Home of California--Yountville . . . 8960
Victim Compensation and Government Claims Board, California . . .
1870
"W"
Water Resources, Department of . . . 3860
Water Resources Control Board, State . . . 3940
Wildlife Conservation Board . . . 3640
Workforce Investment Board, California . . . 7120
INDEX FOR CONTROL SECTIONS
SEC. 99.50. The following is an index to the general sections of
this act.
These sections serve to define terms and identify restrictions
concerning
the appropriations contained in this act.
1.00 Budget Act Citation
1.50 Intent and Format
2.00 Availability of Appropriations
3.00 Defines Purposes of Appropriations
3.50 Benefit Charges Against Salaries and Wages
3.60 Contribution to Public Employees' Retirement Benefits
4.01 Employee Compensation Savings
4.10 Reporting Requirements for Unallocated Reductions
4.11 Establishing New Positions
4.20 Contribution to Public Employees' Contingency Reserve
Fund
4.30 Lease-Revenue Payment Adjustments
4.80 State Public Works Board Interim Financing
4.90 Architectural Revolving Fund Transfer
4.95 Inmate Construction Revolving Account Transfer
5.25 Attorney's Fees
5.40 CALFED Bay-Delta Program
5.45 CALFED Bond Fund Information
6.00 Project Alterations Limits
8.00 Anti-Terrorism Federal Reimbursements
8.50 Federal Funds Receipts
8.51 Federal Funds Accounts
8.52 Federal Reimbursements
8.53 Notice of Federal Audits
9.20 Administrative Costs Associated With the Acquisition of
Property
9.30 Federal Levy of State Funds
9.45 Proposition 40-Reporting Requirements
9.50 Minor Capital Outlay Projects
11.00 EDP/Information Technology Reporting Requirements
11.05 Unapproved Information Technology Projects Additional
Notification Requirements
11.10 Reporting of Statewide Software License Agreements
11.11 Privacy of Information in Pay Stubs
11.52 Transfer of Unencumbered Balance of Various Funds to
the
General Fund
12.00 State Appropriations Limit (SAL)
12.30 Special Fund for Economic Uncertainties
12.32 Proposition 98 Funding Guarantee
12.40 Mega-Item Flexibility
12.60 Categorical Contingency Transfer Authority for
Deficiencies
12.75 Basic Aid Categorical Reduction K-12
13.00 Legislative Counsel Bureau
14.00 Special Fund Loans Between Boards of the Department of
Consumer Affairs
17.00 Federal Health Insurance Portability and Accountability
Act
(HIPAA)
24.00 State School Fund Allocations
24.03 Reading Control
24.10 Transfer Surplus of Driver Training Penalty Assessment
Fund
to the General Fund
24.30 Transfer School Building Rental Income to the General
Fund
24.50 Career Technical Education
24.60 Report of Lottery Funds Received
24.70 Local Educational Agency Fiscal Accountability
25.25 21st Century Project
25.50 SCO Apportionment Payment System Assessments
26.00 Intraschedule Transfers
28.00 Program Change Notification
28.50 Agency Reimbursement Payments
29.00 Personnel-Year Estimates of Governor's Budget, May
Revision
and Final Change Book
30.00 Continuous Appropriations
31.00 Budget Act Administrative Procedures for Salaries and
Wages
32.00 Prohibits Excess Expenditures
33.00 Item Veto Severability
33.50 Strategic Sourcing
34.00 Constitutional Severability
35.50 Estimated General Fund Revenue pursuant to Assembly
Constitutional Amendment 5 of the 2003-04 Fifth Extraordinary Session
36.00 Provides that the Budget Act is for Usual and Current
Expenses
37.00 Urgency Clause
99.00 Alphabetical Organization Index
99.50 Numerical Control Section Index