BILL NUMBER: AB 88 CHAPTERED
BILL TEXT
CHAPTER 269
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2008
APPROVED BY GOVERNOR SEPTEMBER 23, 2008
PASSED THE SENATE SEPTEMBER 15, 2008
PASSED THE ASSEMBLY SEPTEMBER 16, 2008
AMENDED IN SENATE SEPTEMBER 15, 2008
AMENDED IN SENATE AUGUST 29, 2008
AMENDED IN SENATE AUGUST 11, 2008
AMENDED IN SENATE JULY 12, 2007
AMENDED IN SENATE JULY 2, 2007
AMENDED IN SENATE MAY 21, 2007
AMENDED IN ASSEMBLY MARCH 22, 2007
INTRODUCED BY Committee on Budget
DECEMBER 13, 2006
An act to amend and supplement the Budget Act of 2008 by amending
Items 0250-001-0159, 0650-001-0001, 0690-001-0001, 0690-001-0890,
0690-002-0001, 0690-101-0890, 0690-102-0001, 0820-001-0001,
0840-001-0001, 0855-111-0367, 0890-001-0001, 0950-001-0001,
1760-001-0666, 1880-001-0001, 1955-001-9730, 2640-101-0046,
2660-001-0042, 2660-104-6059, 2660-304-6059, 2660-492, 3540-001-0001
3790-490, 3900-001-0044, 4260-101-0001, 4260-101-0890, 4260-111-0001,
4260-111-0890, 4300-101-0001, 4440-101-0001, 5180-101-0001,
5180-101-0890, 5180-111-0001, 5180-141-0001, 5180-141-0890,
5180-151-0001, 5180-151-0890, 5225-001-0001, 5225-002-0001,
5225-101-0001, 5225-301-0001, 5225-301-0660, 6110-001-0001,
6110-001-0890, 6110-101-0349, 6110-103-0001, 6110-104-0001,
6110-105-0001, 6110-107-0001, 6110-108-0001, 6110-111-0001,
6110-119-0001, 6110-122-0001, 6110-123-0890, 6110-124-0001,
6110-125-0001, 6110-126-0890, 6110-128-0001, 6110-130-0001,
6110-134-0890, 6110-136-0890, 6110-140-0001, 6110-150-0001,
6110-151-0001, 6110-156-0001, 6110-158-0001, 6110-161-0001,
6110-167-0001, 6110-181-0001, 6110-189-0001, 6110-190-0001,
6110-193-0001, 6110-196-0001, 6110-198-0001, 6110-201-0890,
6110-202-0001, 6110-203-0001, 6110-204-0001, 6110-209-0001,
6110-211-0001, 6110-224-0001, 6110-228-0001, 6110-232-0001,
6110-234-0001, 6110-240-0001, 6110-243-0001, 6110-244-0001,
6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001,
6110-260-0001, 6110-265-0001, 6110-267-0001, 6110-488, 6120-011-6029,
6440-001-0001, 6440-302-6041, 6440-304-6048, 6870-101-0001,
7980-001-0001, 7980-001-0890, 7980-101-0001, 7980-101-0890,
8380-001-0001, 8660-001-0042, 8660-001-0046, 8660-001-0412,
8660-001-0461, 8660-001-0462, 8860-001-0001, 8880-001-9737,
8940-001-0001, and 9210-101-0001 of, by adding Items 0820-012-0378,
0820-495, 3790-494, 6440-301-0660, 6610-301-0660, 6610-491,
8660-011-0470, 8660-011-0471, 8660-011-0483, 9210-105-0001, and
9350-104-6065 to, and by repealing Items 0690-001-1014,
3540-001-1014, and 6110-135-0890 of, Section 2.00 of, and by amending
Sections 4.07, 12.32, 24.85, and 35.50 of, and by adding Section
35.20 to, that act, relating to the State Budget, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
I object to the following appropriations contained in Assembly
Bill 88.
Item 0690-001-0001--For support of Office of Emergency Services.
I am sustaining Provision 4, which suspends the Government Code
Section 8581.5 requirement for the biennial report on emergency
preparedness for catastrophic disasters, which was scheduled to be
published in 2008-09. However, I am directing the Office of
Emergency Services to prepare this report to the extent possible
using existing resources.
Item 0690-102-0001--For local assistance, Office of Emergency
Services. I revise this item by deleting Provisions 3 and 5.
Provision 3 requires the Office of Emergency Services to allocate
$800,000 to the Central Coast Rural Crime Prevention Program.
Funding for this program was reduced by 10 percent, but this language
was not amended to reflect the reduced amount. This technical veto
is necessary to ensure that all grant recipients receive the same
level of reduction. Therefore, I am directing the Office of
Emergency Services to allocate the grant funding in a manner
consistent with this budget language adjusted for the 10 percent
reduction.
Provision 5 would require the Office of Emergency Services to use
a competitive grant process for allocating funds to California
Multijurisdictional Methamphetamine Enforcement Teams, and would
create limitations on the minimum and maximum amounts of grants
awarded under this program. This language is unnecessarily
restrictive; therefore, I am vetoing this provision.
Item 2640-101-0046--For local assistance, State Transit
Assistance. I reduce this item from $406,434,000 to $306,434,000.
I am reducing this item by $100,000,000 for the State Transit
Assistance program so that sufficient funding will be available in
the Public Transportation Account to provide full reimbursement of
the General Fund for its Home-to-School Transportation costs. While
this budget bill provides for a modest reserve in 2008-09, it fails
to make the necessary statutory spending reductions and revenue
increases needed to eliminate the state's structural budget deficit
going forward. At the same time, constitutional requirements,
federal law, and court required payments drive the majority of the
spending in any budget, and limit my ability to reduce spending. As
a result, I have an obligation to reduce spending when my veto power
is adequate to do so. Consequently -- and in order to furtherensure
that this budget remains in balance -- I am taking the difficult but
necessary action reflected in this veto to further control state
spending.
With the $5 billion in transit and intercity rail funding provided
in Proposition 1B, this will allow a substantial increase in the
capacity, safety, and reliability of public transportation throughout
the state. The amount I am retaining in this item also continues
program funding at a sustainable level.
Item 2660-001-0042--For support of Department of Transportation.
I am sustaining the Legislature's funding for capital outlay
support. In the May Revision, I proposed a reduction in positions
and dollars for engineering, design, environmental studies, and other
work. For the declining amount of ongoing work, I proposed to use
an increased share of contractual services, consistent with the
provisions of Proposition 35, approved by the voters in 2000.
The Legislature, however, funded 90 percent state staff and 10
percent contract staff. Because it will take a year or more to hire
and train state staff as existing staff leave, I am concerned that
this action will delay projects by a year or more and end up costing
more than using contractual services. Moreover, because the funding
from Proposition 1B is one-time and will be exhausted over the next
four years, the hiring of new permanent state staff could lead to the
need for future layoffs. An appropriate balance between state staff
and contract staff will enable the state to improve its highways,
roads, bridges, and railroad crossings immediately. Therefore, I am
directing the Director of the Department of Transportation to take
all steps necessary to deliver these projects as quickly as possible,
including an increased use of contractual services beyond the level
reflected in the budget action, but within the funding level the
Legislature has provided.
Item 3540-001-0001--For support of Department of Forestry and Fire
Protection. I reduce this item from $560,045,000 to $557,896,000 by
reducing:
(3) 12-Resource Management from $62,597,000 to $60,448,000;
(4) 20.01-Administration from $67,198,000 to $66,911,000;
and
(5) 20.02-Distributed Administration from -$66,536,000 to
-$66,249,000.
I am reducing this item by $2,149,000. While this budget bill
provides for a modest reserve in 2008-09, it fails to make the
necessary statutory spending reductions and revenue increases needed
to eliminate the state's structural budget deficit going forward. At
the same time, constitutional requirements, federal law and court
required payments drive the majority of the spending in any budget,
and limit my ability to reduce spending. As a result, I have an
obligation to reduce spending when my veto power is adequate to do
so. Consequently -- and in order to further ensure that this budget
remains in balance --- I am taking the difficult but necessary action
reflected in this veto to further control state spending.
However, I am sustaining $1,093,000 and 10.0 positions in the
Resource Management program to fund vegetation management efforts
because fuel reduction projects are a cost-effective way to reduce
the number and size of catastrophic wildfires.
Item 3900-001-0044--For support of State Air Resources Board. I
revise this item by reducing:
(2) 25-Stationary Source from $57,232,000 to $55,232,000.
(6) Amount payable from the General Fund (Item
3900-001-0001) from -$2,189,000 to -$189,000
I am revising this item to conform to the action I have taken in
Item 3900-001-0001.
Item 4260-101-0001--For local assistance, Department of Health
Care Services. I revise this item by reducing:
(1) 20.10.010-Eligibility (County Administration) from
$2,697,119,000 to $2,689,743,000,
(8) Amount payable from the Federal Trust Fund (Item
4260-101-0890) from -$21,448,993,000 to -$21,441,617,000;
and by deleting Provision 14.
I am revising this item to conform to the action I have taken in
Item 4260-101-0890.
I am also deleting Provision 14 from this item, which directs the
Department of Health Care Services to provide the Legislature with
specific options for improving the Medi-Cal fee-for-service program.
While I share the Legislature's interest in improving the
coordination of care for Medi-Cal beneficiaries and believe that such
efforts will better serve clients and reduce costs, I am deleting
the provision as it would limit my discretion in developing a budget
proposal.
Item 4260-101-0890--For local assistance, Department of Health
Services. I reduce this item from $21,448,993,000 to
$21,441,617,000.
I am reducing this item by $7,376,000 to conform to my action in
Items 4170-101-0001, 4200-001-0001, 4265-111-0001, 4440-001-0001, and
5180-001-0001.
Item 4300-101-0001--For local assistance, Developmental Services.
I reduce this item from $2,384,027,000 to $2,382,799,000 by
reducing:
(2) 10.10.020-Purchase of Services from $3,372,900,000 to
$3,370,854,000, and
(4) Reimbursements from -$1,308,405,000 to -$1,307,587,000.
I am reducing this item by $2,046,000 ($1,228,000 General Fund and
-$818,000 Reimbursements). This technical veto is consistent with
the pass through of the January 1, 2009 federal Supplemental Security
Income cost of living adjustment.
Item 4440-101-0001--For local assistance, Department of Mental
Health. I reduce this item from $480,163,000 to $480,111,000 by
reducing:
(5) 10.97-Community Services―Healthy Families from
$24,805,000 to $24,653,000, and
(6) Reimbursements from -$1,208,165,000 to -$1,208,065,000.
I am reducing this item by$152,000 ($52,000 General Fund and
$100,000 Reimbursements) for the Healthy Families program. While
this budget bill provides for a modest reserve in 2008-09, it fails
to make the necessary statutory spending reductions and revenue
increases needed to eliminate the state's structural budget deficit
going forward. At the same time, constitutional requirements,
federal law and court required payments drive the majority of the
spending in any budget, and limit my ability to reduce spending. As
a result, I have an obligation to reduce spending when my veto power
is adequate to do so. Consequently -- and in order to further ensure
that this budget remains in balance -- I am taking the difficult but
necessary action reflected in this veto to further control state
spending.
Item 5180-101-0001--For local assistance, Department of Social
Services. I reduce this item from $2,808,386,000 to $2,738,386,000
by reducing:
(1) 16.30-CalWORKs from $5,290,712,000 to $5,220,712,000.
I am reducing this item by $70,000,000 for the CalWORKs program.
This funding would have been available to counties as part of their
single allocation, which can be used for county administration,
employment services, and child care. Even with this reduction in
funding, the single allocation provided to counties still increases
from 2007-08 to 2008-09. While this budget bill provides for a
modest reserve in 2008-09, it fails to make the necessary statutory
spending reductions and revenue increases needed to eliminate the
state's structural budget deficit going forward. At the same time,
constitutional requirements, federal law and court required payments
drive the majority of the spending in any budget, and limit my
ability to reduce spending. As a result, I have an obligation to
reduce spending when my veto power is adequate to do so.
Consequently -- and in order to further ensure that this budget
remains in balance -- I am taking the difficult but necessary action
reflected in this veto to further control state spending.
Item 5180-141-0001--For local assistance, Department of Social
Services. I reduce this item from $480,516,000 to $478,478,000 by
reducing:
(1) 16.75-County Administration and Automation Projects
from $1,194,774,000 to $1,192,736,000.
I am reducing this item by $2,038,000 for the Work Incentive
Nutritional Supplement program. By eliminating this funding, I am
delaying implementation of this program for one year. This will
allow the Department of Social Services to study this program and
ensure it is consistent with federal rules. Further, while this
budget bill provides for a modest reserve in 2008-09, it fails to
make the necessary statutory spending reductions and revenue
increases needed to eliminate the state's structural budget deficit
going forward. At the same time, constitutional requirements,
federal law and court required payments drive the majority of the
spending in any budget, and limit my ability to reduce spending. As
a result, I have an obligation to reduce spending when my veto power
is adequate to do so. Consequently -- and in order to further ensure
that this budget remains in balance -- I am taking the difficult but
necessary action reflected in this veto to further control state
spending.
Item 5180-151-0001--For local assistance, Department of Social
Services. I reduce this item from $757,135,000 to $750,727,000 by
reducing:
(1) 25.30-Children and Adult Services and Licensing from
$2,151,082,000 to $2,139,650,000;
(2) 25.35-Special Programs from $22,682,000 to $22,101,000;
(3) Reimbursements from -$143,894,000to -$138,589,000; and
(6) Amount payable from the Federal Trust Fund (Item
5180-151-0890) from -$1,263,716,000 to -$1,263,416,000.
I am reducing this item by $11,432,000 ($6,127,000 General Fund)
for the Adult Protective Services program, and by $581,000 ($281,000
General Fund) for the Deaf Access program. While this budget bill
provides for a modest reserve in 2008-09, it fails to make the
necessary statutory spending reductions and revenue increases needed
to eliminate the state's structural budget deficit going forward. At
the same time, constitutional requirements, federal law, and court
required payments drive the majority of the spending in any budget,
and limit my ability to reduce spending. As a result, I have an
obligation to reduce spending when my veto power is adequate to do
so. Consequently -- and in order to further ensure that this budget
remains in balance -- I am taking the difficult but necessary action
reflected in this veto to further control state spending.
Item 5180-151-0890--For local assistance, Department of Social
Services. I reduce this item from $1,263,716,000 to $1,263,416,000.
I am reducing this item to conform to the action I have taken in
5180-151-0001 related to the Deaf Access program.
Item 5225-001-0001--For support of the California Department of
Corrections and Rehabilitation. I reduce this item from
$7,173,074,000 to $7,145,074,000 by reducing:
(8) 25-Adult Corrections and Rehabilitation Operations from
$4,974,568,000 to $4,946,568,000.
I am directing the Secretary of the California Department of
Corrections and Rehabilitation to implement a Parole Decision-Making
Instrument (PDMI) that provides guidelines on how to respond to
technical parole violations based on the risk-to-reoffend level of
the offender and the seriousness of the violation. I believe that
the use of the PDMI by parole agents will facilitate the
reintegration into society of low-risk parolees by providing
community-based sanctions and programs. By providing alternatives to
incarceration for parolees who commit minor technical parole
violations, the Department will be able to reduce prison
overcrowding. Consistent with this direction, I am reducing
$22,000,000 from this item to reflect lower adult inmate population
levels.
I am also reducing this item by an additional $6,000,000 to
reflect a delay in the activation of Female Rehabilitative Community
Correctional Center beds that resulted from the state's late budget.
Item 6110-001-0001--For support of Department of Education. I
revise this item by reducing:
(2) 20-Instruction Support from $174,201,000 to
$173,909,000;
(3) 30-Special Programs from $54,659,000 to $54,351,000;
and
(9) Amount payable from Federal Trust Fund (Item
6110-001-0890) from -$171,015,000 to -$170,415,000.
I am revising this item to conform to the action I have taken in
Item 6110-001-0890.
Item 6110-001-0890--For support of Department of Education. I
reduce this item from $171,015,000 to $170,415,000.
I am deleting the legislative augmentation of $600,000 federal
Title I funds to enhance an evaluation of the Migrant Education
program. The Budget Act of 2007 provided $800,000 for completing a
comprehensive needs assessment, developing the state educational
agencies service delivery plan, and contracting for an evaluation to
meet federal requirements. The appropriation provided in 2007 should
be sufficient for producing a useful program evaluation.
I am deleting Provision 30 to conform to this action.
I am deleting provisional language that would appropriate
$1,200,000 of Title III funds proposed for unspecified English
learner state level activities (state operations) in 2009-10 as it is
premature to appropriate funds for 2009-10, for projects that have
not been developed or justified.
I am deleting provision 34 to conform to this action.
Item 6110-130-0001--For support of the Department of Education,
Instructional Support. I reduce this item from $9,035,000 to
$8,131,000.
I am reducing this item by $904,000 for the Advancement Via
Individual Determination program. While this budget bill provides
for a modest reserve in 2008-09, it fails to make the necessary
statutory spending reductions and revenue increases needed to
eliminate the state's structural budget deficit going forward. At
the same time, constitutional requirements, federal law, and court
required payments drive the majority of the spending in any budget,
and limit my ability to reduce spending. As a result, I have an
obligation to reduce spending when my veto power is adequate to do
so. Consequently -- and in order to further ensure that this budget
remains in balance -- I am taking the difficult but necessary action
reflected in this veto to further control state spending.
I am revising Provision 1 to conform to this action as follows:
"1. Of the funds appropriated, $1,300,000$1,170,000 is available
for administration of the Advancement Via Individual Determination
(AVID) centers."
Item 6110-196-0001--For local assistance, Department of Education.
I revise this item by deleting Provisions 4(e) and 9(b).
I am deleting Provision 4(e), which would specify principles for
the State Department of Education (SDE) to follow when developing the
2008-09 expenditure plan for state and local activities to improve
child care. The language is unnecessary and does not specify any
clear priorities for development of the expenditure plan.
I am deleting Provision 9(b), which would restrict the start point
on the family fee schedule to 40 percent of the State Median Income
as adjusted for family size. This Provision is inconsistent with the
prior agreement reached between the Administration and the
Legislature that families currently paying fees continue to do so as
income eligibility is adjusted. Additionally, this language would
result in lower fee revenues, increased costs in child care programs,
and reduced capacity to serve children.
I am sustaining Provision 2(b), which would provide details for
the expenditures of the appropriation and specify the rate limits for
alternative payment and other voucher-based programs based on the
85th percentile of the 2007 Regional Market Rate Survey with an
effective date of March 1, 2009. While I must sustain this provision
because a statute would otherwise control the appropriation and
drive the rates, I am concerned that this language will drive
considerably higher costs per case in the future, similar to the rate
increases experienced in 2007-08.
I am also sustaining Provision 14, which specifies intent to fully
fund the third stage (Stage 3) of child care for former CalWORKS
families. This intent statement duplicates statutory intent language
and, while it reflects a goal to provide sufficient funds, I want to
be clear that inclusion of this language in the budget bill is not a
commitment to fund any deficiency that might occur.
Item 6110-202-0001--For local assistance, Department of Education.
I reduce this item from $11,742,000 to $10,880,000 by reducing:
(1) 30.20.010-Child Nutrition Programs from $11,742,000 to
$10,880,000.
I am reducing this item by $862,000. While this budget bill
provides for a modest reserve in 2008-09, it fails to make the
necessary statutory spending reductions and revenue increases needed
to eliminate the state's structural budget deficit going forward. At
the same time, constitutional requirements, federal law, and court
required payments drive the majority of the spending in any budget,
and limit my ability to reduce spending. As a result, I have an
obligation to reduce spending when my veto power is adequate to do
so. Consequently --and in order to further ensure that this budget
remains in balance -- I am taking the difficult but necessary action
reflected in this veto to further control state spending.
Item 6110-488--Reappropriation, Proposition 98, Department of
Education. I revise this item from $163,051,000 to $146,651,000, and
by deleting:
I am deleting the $16,400,000 augmentation to Stage 2 child care
to align expenditures with updated caseload estimates. With this
reduction, a total of $516,611,000 still remains in the budget to
support the CalWORKs Stage 2 program which should be sufficient for
the estimated caseload under the authorized eligibility, copayment,
and subsidy policies.
I am revising Provision 3 to conform to this action.
"3. The sum of $163,051,000$146,651,000 is hereby reappropriated
to the State Department of Education for transfer by the Controller
to Section A of the State School Fund for allocation by the
Superintendent of Public Instruction for the purpose of funding
CalWORKs Stage 2 child care. The amount reappropriated pursuant to
this provision is for use in the 2008-09 fiscal year."
I am deleting the one-time legislative augmentation of $295,000
for assessments of the Oakland Unified, Vallejo City Unified, and
West Fresno Elementary School Districts. Current law specifies that
these emergency loan districts are responsible for the costs of these
reports. Therefore, I am eliminating this augmentation.
I am deleting Provision 2 to conform to this action.
Item 6440-001-0001--For support of University of California. I
reduce this item from $3,000,920,000 to $2,995,520,000 by decreasing:
(1) Support from $3,123,516,000 to $3,118,116,000,
and by revising Provisions 14 and 24 and by deleting Provision 16.
I am reducing this item by $5,400,000 to eliminate funding that
supports research on labor and employment and labor education. While
this budget bill provides for a modest reserve in 2008-09, it fails
to make the necessary statutory spending reductions and revenue
increases needed to eliminate the state's structural budget deficit
going forward. At the same time, constitutional requirements,
federal law and court required payments drive the majority of the
spending in any budget, and limit my ability to reduce spending. As
a result, I have an obligation to reduce spending when my veto power
is adequate to do so. Consequently -- and in order to further ensure
that this budget remains in balance -- I am taking the difficultbut
necessary action reflected in this veto to further control state
spending.
I am also revising Provision 24 of this item to conform as
follows:
"24. Of the funds appropriated in Schedule (1), $5,400,000$0 is to
support research on labor and employment and labor education
throughout the University of California system. Of these funds, 60
percent shall be for labor research and 40 percent shall be for labor
education."
Further, while I am sustaining the Legislature's action to earmark
funding for student academic preparation and education programs
(SAPEP), I am vetoing the language requiring the university to report
on its use of funds for SAPEP activities. This reporting
requirement would result in an expenditure increase without regard to
the availability of revenues. Nevertheless, in recognition of the
Legislature's desire to obtain this information. I am instructing
the President of the University of California to comply with this
legislative request for this report to the extent compliance can be
achieved using existing resources and without impairing the
university's ability to perform its essential functions.
I am revising Provision 14 to conform as follows:
"14. Of the funds appropriated in Schedule (1), $19,300,000 is
for student academic preparation and education programs (SAPEP) and
is to be matched with $12,000,000 from existing university resources,
for a total of $31,300,000 for these programs. The University of
California shall provide a plan to the Department of Finance and the
fiscal committees of each house of the Legislature for expenditure of
both state and university funds for SAPEP by September 1 of each
year. 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 in April 2005.
The report shall be submitted to the fiscal committees of each house
of the Legislature no later than April 1, 2009."
Finally, I am deleting the legislative redirection of $15,000,000
from funds budgeted for administrator compensation to support salary
increases and a step pay system for low-wage service employees.
Given the 10 percent reduction to the university's institutional
support budget that was adopted by the Legislature, the University
should be provided the flexibility to allocate its resources to
preserve core administrative functions. Further, employee salaries
should be negotiated in collective bargaining agreements between the
University and its service employees.
I am deleting Provision 16 to conform to this action.
Item 7980-001-0001--For support of California Student Aid
Commission. I reduce this item from $14,206,000 to $13,527,000 by
decreasing:
(1.5) 50-California Loan Program from $1,000,000 to $500,000;
(3.5) 97.20.001 Unallocated Reduction from -789,000 to
-1,468,000;
(4.5) Amount payable from the Student Loan Operating Fund
(7980-001-0784) from -$1,000,000 to -$500,000;
and by revising Provision 4.
I am reducing this item by $679,000. However, I am sustaining the
remaining $111,000 legislative augmentation for the purpose of
funding additional ongoing telephone system and Department of
Technology Services costs that were identified after the January
budget proposal. While this budget bill provides for a modest reserve
in 2008-09, it fails to make the necessary statutory spending
reductions and revenue increases needed to eliminate the state's
structural budget deficit going forward. At the same time,
constitutional requirements, federal law and court required payments
drive the majority of the spending in any budget, and limit my
ability to reduce spending. As a result, I have an obligation to
reduce spending when my veto power is adequate to do so.
Consequently -- and in order to further ensure that this budget
remains in balance -- I am taking the difficult but necessary action
reflected in this veto to further control state spending.
I am also revising Provision 4 of this item to conform to the
action I have taken in
Item 7980-001-0784 as follows:
"4. (a) This item reflects $1,000,000$500,000 payable from the
Student Loan Operating Fund for the purpose of funding, on a
limited-term basis, 6.0 positions in the Federal Policy and Programs
Division. Those positions shall be continued until a sale or other
authorized transaction is completed pursuant to Chapter 182 of the
Statutes of 2007, which is anticipated to occur in-the 2009-10 fiscal
year.
(b) Additionally, this item reflects an increase of
$1,010,000 available on a one-time basis for necessary moving costs,
furnishings, and equipment associated with relocation of the Student
Aid Commission. Not later than August 1, 2008, the commission shall
detail and submit for approval to the Department of Finance, and for
informational purposes to the Chairperson of the Joint Legislative
Budget Committee, all one-time costs estimated to be necessary for
relocation of the commission. Any funds remaining shall be available
for any expenses that may be necessary or convenient to further the
intent of the sale or other authorized transaction of EdFund pursuant
to Chapter 182 of the Statutes of 2007 upon the written approval of
the Department of Finance."
Item 7980-101-0001--For support of California Student Aid
Commission. I revise this item by revising Provision 1.
I am deleting the legislative augmentation to Provision 1(d),
which increased the number of Assumption Program of Loans for
Education (APLE) awards by 800. The remaining amount of authorized
awards in the budget is 7,200. I proposed fewer APLE awards to curb
the growth in required APLE payments in the context of budget
balancing reductions and because the Student Aid Commission has
historically not utilized all the awards. This reduction is necessary
to limit future ongoing expenditures in line with ongoing resources
as we work towards resolving the structural budget imbalance.
I am revising Provision 1 as follows:
"1. Funds appropriated in Schedule (1) are for 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 Division 5 of Title 3 of the Education Code.
(b) Grants under the Law Enforcement Personnel Dependents
Scholarship Program pursuant to Section 4709 of the Labor Code.
(c) California Student Opportunity and Access Program contract
agreements under Article 4 (commencing with Section 69560) of Chapter
2 of Part 42 of Division 5 of Title 3 of the Education Code.
(d) The purchase of loan assumptions under Article 5 (commencing
with Section 69612) of Chapter 2 of Part 42 of Division 5 of Title 3
of the Education Code. The Student Aid Commission shall issue
8,0007,200 new warrants.
(e) The purchase of loan assumptions under the Graduate Assumption
Program of Loans for Education pursuant to Article 5.5 (commencing
with Section 69618) of Chapter 2 of Part 42 of Division 5 of Title 3
of the Education Code.
(f) The purchase of loan assumptions under the State Nursing
Assumption Program of Loans for Education (SNAPLE) Employees of State
Facilities Program pursuant to Article 2 (commencing with Section
70120) of Chapter 3 of Part 42 of Division 5 of Title 3 of the
Education Code.
(g) The purchase of loan assumptions under the State Nursing
Assumption Program of Loans for Education (SNAPLE) pursuant to
Article 1 (commencing with Section 70100) of Chapter 3 of Part 42 of
Division 5 of Title 3 of the Education Code.
(h) The Student Aid Commission shall report by April 1, 2009, on
the State Nursing Assumption Program of Loans for Education, pursuant
to the reporting requirements of Section 70108 of the Education
Code.
(i) Of the amount appropriated in Schedule (1), $297,000 is
provided for loan assumption payments to participants in the National
Guard Assumption Program of Loans for Education pursuant to Article
12.5 (commencing with Section 69750) of Chapter 2 of Part 42 of the
Education Code.
(j) Notwithstanding subdivision (c) of Section 69613.8 of the
Education Code, any Assumption Program of Loans for Education
participant who meets the requirements of subdivision (a) or (b) of
Section 69613.8 of the Education Code may receive the additional loan
assumption benefits authorized by those subdivisions."
Item 8380-001-0001--For support of Department of Personnel
Administration.
I am revising this item in order to correct a technical error in
the Budget Bill:
(1) 10-Classification and Compensation from $6,442,000 to
$6,414,000;
(2) 20-Labor Relations from $3,480,000 to $3,464,000;
(3) 25-Legal from $7,947,000 to $7,919,000;
(5) 40.02-Distributed Administration from -$4,457,000 to
-$4,370,000; and
(6) 54-Benefits Administration from $32,972,000 to
$32,957,000.
With the above deletions, revisions, and reductions, I hereby
approve Assembly Bill 88.
Schwarzenegger,
Arnold
AB 88, Committee on Budget. Budget Act of 2008.
AB 1781, as proposed by Conference Report No. 1 on July 17, 2008,
would make appropriations for the support of state government for the
2008-09 fiscal year.
This bill would amend and supplement the Budget Act of 2008 by
revising items of appropriation for the Office of Planning and
Research; the Office of Emergency Services; the Department of
Justice; the Controller; the Secretary of State; the Treasurer; the
Department of General Services; the State Personnel Board; the
Department of Technology Services; the Department of Forestry and
Fire Protection; the Department of Parks and Recreation; the State
Air Resources Board; the State Department of Developmental Services;
the State Department of Health Care Services; the State Department of
Mental Health; the State Department of Social Services; the
Department of Corrections and Rehabilitation; the Student Aid
Commission; the State Department of Education; the California State
Library; the University of California; the California State
University; the California Community Colleges; the Department of
Personnel Administration; the Public Utilities Commission; the
Department of Finance; the Military Department; the Financial
Information System for California; and local government financing.
The bill also would make technical, nonsubstantive changes to
various items.
This bill would become operative only if AB 1781, as proposed by
Conference Report No. 1 on July 17, 2008, is enacted on or before
January 1, 2009.
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. Item 0250-001-0159 of Section 2.00 of the Budget Act of
2008 is amended to read:
0250-001-0159--For support of Judicial
Branch, payable from the Trial Court
Improvement Fund............................ 9,266,000
Provisions:
1. Notwithstanding any other provision
of law, upon approval by the
Administrative Director of the
Courts, the Controller shall
increase this item up to
$18,673,000 for recovery of costs
for administrative services
provided to the trial courts by the
Administrative Office of the Courts.
2. Notwithstanding any other provision
of law, upon approval by the
Administrative Director of the
Courts, and notification to the
Department of Finance, the
chairpersons of the committees in
each house of the Legislature that
consider appropriations and the
State Budget, and the Chairperson
of the Joint Legislative Budget
Committee, the Controller shall
additionally increase this item by
an amount, or amounts, totaling no
more than $2,801,000 for recovery
of costs for administrative
services provided to the trial
courts by the Administrative Office
of the Courts. 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 chairpersons of
the committees 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 committee
or his or her designee may
determine.
SEC. 2. Item 0650-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
0650-001-0001--For support of Office of
Planning and Research......................... 3,983,000
Schedule:
(1) 11-State Planning and
Policy Development..... 5,486,000
(2) 21-California
Volunteers............. 6,967,000
(3) Reimbursements......... -3,518,000
(4) Amount payable from
the Federal Trust Fund
(Item 0650-001-0890)... -2,942,000
(5) Amount payable from
the Central Service
Cost Recovery Fund
(Item 0650-001-9740)... -2,010,000
SEC. 3. Item 0690-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
0690-001-0001--For support of Office of
Emergency Services......................... 36,988,000
Schedule:
(1) 15-Mutual Aid
Response............ 21,230,000
(2) 35-Plans and
Preparedness........ 31,059,000
(3) 45-Disaster
Assistance.......... 29,477,000
(4) 55.01-
Administration and
Executive........... 7,972,000
(5) 55.02-Distributed
Administration and
Executive........... -7,972,000
(6) Reimbursements...... -4,176,000
(7) Amount payable from
the Unified Program
Account (Item 0690-
001-0028)........... -816,000
(8) Amount payable from
the Nuclear
Planning Assessment
Special Account
(Item 0690-001-
0029)............... -1,175,000
(9) Amount payable from
the Federal Trust
Fund (Item 0690-001-
0890)............... -38,508,000
(10) Amount payable from
the Antiterrorism
Fund (Item 0690-015-
3034)............... -103,000
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 approval by the Department
of Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 0690-101-0890.
4. Notwithstanding Section 8581.5
of the Government Code, the
California Emergency Council
shall not be required to publish
a biennial report on the state
of emergency preparedness for
catastrophic disasters, as
specified, during the 2008-09
fiscal year.
SEC. 4. Item 0690-001-0890 of Section 2.00 of the Budget Act of
2008 is amended to read:
0690-001-0890--For support of Office of
Emergency Services, for payment to Item
0690-001-0001, payable from the Federal
Trust Fund................................. 38,508,000
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,
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.
SEC. 5. Item 0690-001-1014 of Section 2.00 of the Budget Act of
2008 is repealed.
SEC. 6. Item 0690-002-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
0690-002-0001--For support of Office of
Emergency Services............................ 10,882,000
Schedule:
(1) 50-Criminal Justice
Projects............... 15,174,000
(2) 51-State Terrorism
Threat Assessment
Center................. 6,369,000
(3) Reimbursements......... -20,000
(4) Amount payable from
the Local Public
Prosecutors and Public
Defenders Training
Fund (Item 0690-002-
0241).................. -80,000
(5) Amount payable from
the Victim-Witness
Assistance Fund (Item
0690-002-0425)......... -1,282,000
(6) Amount payable from
the High Technology
Theft Apprehension and
Prosecution Program
Trust Fund (Item
0690-002-0597)......... -621,000
(7) Amount payable from
the Federal Trust Fund
(Item 0690-002-0890)... -8,658,000
Provisions:
1. The funds appropriated in Schedule
(2) shall be used to continue and
expand funding for the State
Terrorism Threat Assessment
Center, 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.
SEC. 7. Item 0690-101-0890 of Section 2.00 of the Budget Act of
2008 is amended to read:
0690-101-0890--For local assistance,
Office of Emergency Services, payable
from the Federal Trust Fund............... 552,826,000
Schedule:
(1) 35-Plans and
Preparedness........ 18,100,000
(2) 45-Disaster
Assistance.......... 534,726,000
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.
SEC. 8. Item 0690-102-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
0690-102-0001--For local assistance, Office
of Emergency Services......................... 48,794,000
Schedule:
(1) 50.20-Victim Services.. 3,916,000
(2) 50.30-Public Safety.... 44,878,000
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.
3. Of the amount appropriated in
Schedule (2), $800,000 shall be
provided for grants to counties,
consistent with the Central Coast
Rural Crime Prevention Program as
established in Chapter 18 of the
Statutes of 2003. The funds shall
be distributed only to counties for
planning, or for implementation of
the program in those counties that
have completed the planning
process, consistent with Chapter 18
of the Statutes of 2003. In no case
shall a grant exceed $300,000.
4. The Department of Finance shall
include a special display table in
the Governor's Budget under the
Office of Emergency Services that
displays, by fund source, component
level detail for Program 50,
Criminal Justice Projects. In
addition, the Office of Emergency
Services, in consultation with the
Department of Finance, shall
provide a report to the Joint
Legislative Budget Committee by
January 10 of each year that
provides a list of grantees, total
funds awarded to each grantee, and
performance statistics to document
program outputs and outcomes in
order to assess the state's return
on investment for each component of
Program 50 for each of the three
years displayed in the Governor's
Budget.
5. Of the funding appropriated in
Schedule (2), $19,500,000 is for
local assistance to support the
California Multijurisdictional
Methamphetamine Enforcement Teams
(Cal-MMET) Programs. The Office of
Emergency Services (OES) shall
establish and administer a
competitive grant program on a
three-year cycle for eligible
California counties that have
established, participate in, or
that propose to establish
methamphetamine task forces for the
purpose of implementing a
comprehensive strategy to
reduce the incidences of
methamphetamine trafficking and
manufacturing and, in particular,
to target large-scale
methamphetamine trafficking and
manufacturing operations. Up to 3
percent of the funds appropriated
for this program may be transferred
to Item 0690-002-0001 for
expenditure as necessary for OES to
administer the competitive grant
program. Funding for the
methamphetamine task force shall
not supplant available federal
funding. The distribution of funds
by OES shall be based on a
competitive process whereby those
counties receiving funds
demonstrate the greatest need and
the most reasonable solutions for
addressing the local
methamphetamine problem. No grant
shall be greater than $2,500,000,
and no grant shall be less than
$200,000.
SEC. 9. Item 0820-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
0820-001-0001--For support of Department
of Justice................................. 364,325,000
Schedule:
(1) 11.01-Directorate--
Administration...... 94,900,000
(2) 11.02-Distributed
Directorate--
Administration...... -94,900,000
(3) 30-Civil Law........ 147,017,000
(4) 40-Criminal Law..... 123,711,000
(5) 45-Public Rights.... 92,352,000
(6) 50-Law Enforcement.. 250,266,000
(7) 60-California
Justice Information
Services............ 165,960,000
(7.5) Unallocated
Reduction........... 346,000
(8) Reimbursements...... -39,204,000
(9) Amount payable from
the Attorney
General Antitrust
Account (Item 0820-
001-0012)........... -1,329,000
(10) Amount payable from
the Fingerprint
Fees Account (Item
0820-001-0017)...... -69,123,000
(11) Amount payable from
the Firearm Safety
Account (Item 0820-
001-0032)........... -331,000
(12) Amount payable from
the Motor Vehicle
Account, State
Transportation Fund
(Item 0820-001-
0044)............... -24,840,000
(13) Amount payable from
the Department
of Justice Sexual
Habitual Offender
Fund (Item 0820-001-
0142)............... -2,317,000
(14) Amount payable from
the Travel Seller
Fund (Item 0820-001-
0158)............... -1,344,000
(15) Amount payable from
the Restitution
Fund (Item 0820-001-
0214)............... -339,000
(16) Amount payable from
the Sexual Predator
Public Information
Account (Item 0820-
001-0256)........... -199,000
(17) Amount payable from
the Indian Gaming
Special
Distribution Fund
(Item 0820-001-
0367)............... -15,225,000
(18) Amount payable from
the False Claims
Act Fund (Item 0820-
001-0378)........... -10,533,000
(19) Amount payable from
the Dealers' Record
of Sale Special
Account (Item 0820-
001-0460)........... -11,640,000
(20) Amount payable from
the Department of
Justice Child
Abuse Fund (Item
0820-001-0566)...... -359,000
(21) Amount payable from
the Gambling
Control Fund (Item
0820-001-0567)...... -8,093,000
(22) Amount payable from
the Gambling
Control Fines and
Penalties Account
(Item 0820-001-
0569)............... -46,000
(23) Amount payable from
the Federal Trust
Fund (Item 0820-001-
0890)............... -42,242,000
(24) Amount payable from
the Federal Asset
Forfeiture Account,
Special Deposit
Fund (Item 0820-001-
0942)............... -1,508,000
(25) Amount payable from
the State Asset
Forfeiture Account,
Special Deposit
Fund (Item 0820-011-
0942)............... -578,000
(26) Amount payable from
the Firearms Safety
and Enforcement
Special Fund (Item
0820-001-1008)...... -3,164,000
(27) Amount payable from
the Missing
Persons DNA Data
Base Fund (Item
0820-001-3016)...... -4,638,000
(28) Amount payable from
the Public Rights
Law Enforcement
Special Fund (Item
0820-001-3053)...... -5,997,000
(29) Amount payable from
the Ratepayer
Relief Fund (Item
0820-001-3061)...... -7,198,000
(30) Amount payable from
the DNA
Identification Fund
(Item 0820-001-
3086)............... -31,161,000
(31) Amount payable from
the Unfair
Competition Law
Fund (Item 0820-001-
3087)............... -3,565,000
(32) Amount payable from
the Registry of
Charitable Trusts
Fund (Item 0820-001-
3088)............... -2,898,000
(33) Amount payable from
the Legal Services
Revolving Fund
(Item 0820-001-
9731)............... -124,000,000
(34) Amount payable from
the Central Service
Cost Recovery Fund
(Item 0820-001-
9740)............... -3,456,000
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 (3), $2,912,000 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,
2009, shall revert immediately
to the General Fund.
4. Of the funds appropriated in
this item, $16,763,000 is
available solely for the
Correctional Law Section that
handles only workload related to
Department of Corrections and
Rehabilitation cases.
5. Notwithstanding any other
provision of law, of the funds
appropriated in Schedule (6),
$1,258,000 is payable from the
Dealers' Record of Sale Special
Account and may be used to
update the Automated Firearms
Systems (AFS) database as part
of the ongoing project to
redesign the Criminal Justice
Information System (CJIS). These
funds may not be expended until
the office of the State Chief
Information Officer approves a
special project report for the
CJIS project following the
completion of CJIS procurement.
The Department of Justice shall
notify the Joint Legislative
Budget Committee that a special
project report has been approved
within 30 days of the report's
approval by the office of the
State Chief Information Officer,
and shall include with the
notification a copy of the
approved special project report.
6. The Department of Justice may
use funds appropriated in
Schedule (6) to fund the Gang
Suppression Enforcement Teams
Program and the California
Methamphetamine Strategy Program.
SEC. 10. Item 0820-012-0378 is added to Section 2.00 of the Budget
Act of 2008, to read:
0820-012-0378--For transfer by the
Controller, upon order of the Director of
Finance, from the False Claims Act Fund,
to the General Fund....................... (11,137,000)
SEC. 11. Item 0820-495 is added to Section 2.00 of the Budget Act
of 2008, to read:
0820-495--Reversion, Department of Justice. As of June
30, 2008, the balance specified below, of the
appropriation provided in the following citation shall
revert to the balance in the fund from which the
appropriation was made:
0001--General Fund
(1) Item 0820-001-0001, Budget
Act of 2007 (Chs. 171 and
172, Stats. 2007).......... 17,000,000
SEC. 12. Item 0840-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
0840-001-0001--For support of the Controller. 57,876,000
Schedule:
(1) 100000-Personal
Services.............. 107,366,000
(2) 300000-Operating
Expenses and
Equipment............. 70,358,000
(3) Amount payable from
various special and
nongovernmental cost
funds (Section 25.25). -13,500,000
(4) Reimbursements........ -44,837,000
(5) Amount payable from
the Motor Vehicle
Fuel Account,
Transportation Tax
Fund (Item 0840-001-
0061)................. -4,095,000
(6) Amount payable from
the Highway Users Tax
Account,
Transportation Tax
Fund (Item 0840-001-
0062)................. -1,162,000
(7) Amount payable from
the Local Revenue
Fund (Item 0840-001-
0330)................. -591,000
(8) Amount payable from
the Federal Trust
Fund (Item 0840-001-
0890)................. -1,410,000
(9) Amount payable from
the Public Employees'
Health Care Fund
(Item 0840-001-0822).. -199,000
(10) Amount payable from
the State Penalty
Fund (Item 0840-001-
0903)................. -1,317,000
(11) Amount payable from
the Unclaimed
Property Fund (Item
0840-001-0970)........ -26,103,000
(12) Amount payable from
various other
unallocated
nongovernmental cost
funds (Retail Sales
Tax Fund) (Item 0840-
001-0988)............. -242,000
(13) Amount payable from
the 2006 State School
Facilities Fund (Item
0840-001-6057)........ -968,000
(13.5) Amount payable from
the Central Service
Cost Recovery Fund
(Item 0840-001-9740).. -23,971,000
(14) Amount payable from
other unallocated
special funds (Item
0840-011-0494)........ -73,000
(15) Amount payable from
unallocated bond
funds (Item 0840-011-
0797)................. -478,000
(16) Amount payable from
various other
unallocated
nongovernmental cost
funds (Item 0840-011-
0988)................. -68,000
(17) Amount payable from
the Public
Transportation
Account, State
Transportation Fund
(Section 25.50)....... -18,000
(18) Amount payable from
the Highway Users Tax
Account,
Transportation Tax
Fund (Section 25.50).. -286,000
(19) Amount payable from
the Motor Vehicle
License Fee Account,
Transportation Tax
Fund (Section 25.50).. -16,000
(20) Amount payable from
the DMV Local Agency
Collection Fund
(Section 25.50)....... -2,000
(21) Amount payable from
the Trial Court Trust
Fund (Section 25.50).. -164,000
(22) Amount payable from
the Timber Tax Fund
(Section 25.50)....... -1,000
(23) Amount payable from
the Public Safety
Account, Local Public
Safety Fund (Section
25.50)................ -253,000
(24) Amount payable from
the Local Revenue
Fund (Section 25.50).. -94,000
Provisions:
1. The funding provided in Item 0840-
001-0970 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 Article 6 (commencing
with Section 41540) of Chapter
3.2 of Part 24 of Division 3 of
Title 2 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. 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 notified by
the Director of Finance that he
or she concurs with the amounts
specified in the billings.
4. (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
$50,000 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 by the Code of
Civil Procedure).
5. 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.
6. 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.
7. 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
2008-09 fiscal year shall cite
the specific statutory or
constitutional provision
authorizing the preparation and
release of the report, audit,
analysis, or evaluation.
8. 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
Legislative Analyst's Office.
9. 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.
10. 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.
11. 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; the amount recouped;
and the results of a final audit
and subsequent funding
adjustments. The report is due on
June 30, 2009, and will cover the
fourth quarter of the 2007-08
fiscal year and the first three
quarters of the 2008-09 fiscal
year.
12. To the extent authorized by
existing law, the Controller
shall recoup the amount of any
unallowable mandate claim costs
resulting from desk or field
audits of such claims.
13. The Controller's estimate of the
state's liability for
postemployment benefits prepared
to comply with Governmental
Accounting Standards Board (GASB)
Statement 45 shall include, in
addition to all other items
required under the accounting
statement: (a) an identification
and explanation of any
significant differences in
actuarial assumptions or
methodology from any relevant
similar types of assumptions or
methodology used by the Public
Employees' Retirement System to
estimate state pension
obligations; and (b) alternative
calculations of the state's
liability for other
postemployment benefits using
different long-term rates of
investment return consistent with
a hypothetical assumption that
the state will begin to deposit
100 percent or a lesser percent,
respectively, of its annual
required contribution under GASB
Statement 45 to a retiree health
and dental benefits trust fund
beginning in the 2007-08 fiscal
year. This provision shall not
obligate the state to change the
practice of funding health and
dental benefits for annuitants
currently required under state
law.
14. The funds appropriated to the
Controller in this item may not
be expended on additional
actuarial valuations, beyond the
annual actuarial valuation, for
other postemployment benefits,
prior to obtaining concurrence in
writing from the Department of
Finance. The additional actuarial
valuations shall only be
performed to the extent resources
exist, or if funds are provided
by the requesting agency.
15. Notwithstanding any other
provision of law, the Director of
Finance may authorize increases
or decreases in expenditures for
this item to reflect the final
lease costs for the Cannery
Business Park location and lease
costs associated with the federal
injunction on the Unclaimed
Property Program of the
Controller. The Director of
Finance may authorize expenditure
adjustments per this provision
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 joint
committee, or his or her
designee, may in each instance
determine.
16. The Controller shall provide the
Chairperson of the Joint
Legislative Budget Committee and
the chairpersons of the fiscal
committees in each house of the
Legislature a report on the Human
Resources Management System
specifying the dollars expended
on the program in the previous
fiscal year and over the life of
the program and any known savings
that have occurred in the prior
fiscal year, to be submitted
annually but no later than August
30 of each year. The report
should compare the known
savings with the most recent
estimate of projected savings and
explain the methodology by which
the savings were calculated.
17. The Controller shall deliver
yearend financial data as
specified by the Department of
Finance, for the fiscal year just
ended, in hard copy and
electronic format, by October 15
of each year and periodically as
requested by the Department of
Finance. This information is
necessary for the Department of
Finance to determine the proper
beginning balance of the current
fiscal year for budgetary
purposes. To ensure timely
completion of the yearend
financial data, the Controller
should enforce provisions in
Section 12461.2 of the Government
Code and emphasize in its
regulation the deadline the
yearend financial statements are
due from the operating
departments to the Controller.
18. Notwithstanding any other
provision of law, the Controller
may not expend funds for system
integration vendor costs related
to the Human Resources
Management System (HRMS), also
known as the 21st Century
Project, after July 31, 2008,
beyond the Design Phase Payment
Deliverables for the 21st Century
Project as set forth in Amendment
1 to Agreement No. 22191025,
until the office of the State
Chief Information Officer
certifies the Controller has
entered into a contract or
contract amendment with a system
integration vendor that is
consistent with the most recently
approved Special Project Report
for HRMS.
19. Funding for system integration
vendor costs shall not exceed the
estimates in the most recently
approved Special Project Report
for Human Resources Management
System (HRMS), also known as the
21st Century Project, unless in
the course of contract
negotiations the state and the
vendor mutually agree that
additional functionality is
necessary for the successful
implementation of the HRMS and
these changes are approved by the
office of the State Chief
Information Officer. However, a
contract or contract amendment
shall not be executed until 30
days after notification in
writing to the Chairperson of the
Joint Legislative Budget
Committee and the chairpersons of
the committees of each house of
the Legislature that consider
appropriations.
20. Notwithstanding the provisions of
Item 9840, the Department of
Finance may adjust the amounts
authorized under Item 0840-001-
0001 and Section 25.25,
consistent with the funding
schedule included in the most
recently approved Special Project
Report for the Human Resources
Management System, also known as
the 21st Century Project. No
adjustments shall be made
pursuant to this provision prior
to a 30-day notification in
writing to the Chairperson of
the Joint Legislative Budget
Committee and the chairpersons of
the committees of each house of
the Legislature that consider
appropriations.
SEC. 13. Item 0855-111-0367 of Section 2.00 of the Budget Act of
2008 is amended to read:
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................. (50,000,000)
Provisions:
1. The amount of any transfer
ordered by the Director of
Finance pursuant to this item
shall be the minimum amount
necessary to allow the Indian
Gaming Revenue Sharing
Trust Fund to distribute the
quarterly payments described
in Section 12012.90 of the
Government Code and meet its
other expenditure
requirements. Any remaining
portion of the amount
authorized to be transferred
pursuant to this item shall
remain in the Indian Gaming
Special Distribution Fund.
2. The Legislature finds and
declares that the amount
authorized in this item is
expected to be sufficient to
allow the Indian Gaming
Revenue Sharing Trust Fund to
distribute the quarterly
payments described in Section
12012.90 of the Government
Code during the 2008-09 fiscal
year. Accordingly, the
California Gambling Control
Commission, acting for this
purpose as the state gaming
agency under various tribal-
state compacts, shall not
direct any funds to the Indian
Gaming Revenue Sharing Trust
Fund pursuant to Section
4.3.1(l) of the amended tribal-
state compacts with the
Morongo Band of Mission
Indians, the Pechanga Band of
Luiseno Indians, the San
Manuel Band of Mission
Indians, and the Sycuan Band
of the Kumeyaay Nation and
similar sections of any
compacts or amended compacts
ratified by the Legislature in
the 2008-09 fiscal year.
3. The Chairperson of the
California Gambling Control
Commission shall immediately
submit a report to the
Director of Finance, the
Chairperson of the Joint
Legislative Budget Committee,
and the Legislative Analyst if
he or she determines that the
Indian Gaming Revenue Sharing
Trust Fund will not have
sufficient funds to distribute
the quarterly payments
described in Section 12012.90
of the Government Code during
the 2008-09 fiscal year after
consideration of the funds
authorized for transfer by
this item. No earlier than 15
days after submission of that
report, the California
Gambling Control Commission
may direct funds to the Indian
Gaming Revenue Sharing Trust
Fund, notwithstanding the
requirements of Provision 2.
SEC. 13.5. Item 0890-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
0890-001-0001--For support of Secretary of
State....................................... 36,380,000
Schedule:
(1) 10-Filings and
Registrations......... 49,025,000
(2) 20-Elections.......... 66,483,000
(3) 30-Archives........... 10,499,000
(4) 50.01-Administration
and Technology........ 23,590,000
(5) 50.02-Distributed
Administration and
Technology............ -23,590,000
(6) Reimbursements........ -7,339,000
(7) Amount payable from
the Secretary of
State's Business Fees
Fund (Item 0890-001-
0228)................. -38,936,000
(8) Amount payable from
the Federal Trust
Fund (Item 0890-001-
0890)................. -41,674,000
(9) Amount payable from
the Victims of
Corporate Fraud
Compensation Fund
(Item 0890-001-3042).. -1,678,000
Provisions:
1. The Secretary of State may not
expend any special handling fees
authorized by Chapter 999 of the
Statutes of 1999 which 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, $41,674,000 shall be
used for operational costs
associated with implementation of
the Help America Vote Act of 2002
(42 U.S.C. Sec. 15301 et seq.).
3. Of the amount appropriated in this
item, $5,000,000 shall be used for
costs associated with the November
4, 2008, statewide general
election.
SEC. 14. Item 0950-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
0950-001-0001--For support of the Treasurer.. 4,667,000
Schedule:
(1) 100000-Personal
Services.............. 21,467,000
(2) 300000-Operating
Expenses and
Equipment............. 6,381,000
(2.5) Unallocated Reduction. -506,000
(3) Reimbursements........ -20,586,000
(5) Amount payable from
the Central Service
Cost Recovery Fund
(Item 0950-001-9740).. -2,089,000
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) to
the 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
shall not approve the loan
unless the approval is
made in writing and filed
with the Chairperson of
the Joint Legislative
Budget Committee and the
chairpersons of the
committees in each house
of the Legislature that
consider 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 Treasurer's office
shall notify the
Chairperson of the Joint
Legislative Budget
Committee whether the
Treasurer's office has
repaid the loan pursuant
to subdivision (b).
SEC. 15. Item 1760-001-0666 of Section 2.00 of the Budget Act of
2008 is amended to read:
1760-001-0666--For support of Department
of General Services, payable from the
Service Revolving Fund..................... 501,882,000
Schedule:
(1) Program support...... 1,085,822,00
0
(2) Distributed services. -11,145,000
(3) Reimbursements--
Lease revenue........ -43,000
(4) Reimbursements-
-FI$Cal.............. -2,380,000
(5) Amount payable from
the General Fund
(Item 1760-001-0001). -9,833,000
(6) Amount payable from
the General Fund
(Item 1760-002-0001). -346,000
(7) Amount payable from
the Property
Acquisition Law
Money Account (Item
1760-001-0002)....... -3,247,000
(8) Amount payable from
the Motor Vehicle
Parking Facilities
Moneys Account (Item
1760-001-0003)....... -2,404,000
(9) Amount payable from
the State Emergency
Telephone Number
Account (Item 1760-
001-0022)............ -2,471,000
(10) Amount payable from
the State Motor
Vehicle Insurance
Account (Item 1760-
001-0026)............ -6,066,000
(11) Amount payable from
the Seismic Gas
Valve
Certification Fee
Account (Item 1760-
001-0450)............ -75,000
(12) Amount payable from
the Energy Resources
Programs Account
(Item 1760-001-0465). -1,659,000
(13) Amount payable from
the Architecture
Revolving Fund (Item
1760-001-0602)....... -43,632,000
(14) Amount payable from
the State School
Building Aid Fund
(Item 1760-001-0739). -297,000
(15) Amount payable from
the State School
Deferred Maintenance
Fund (Item 1760-001-
0961)................ -159,000
(16) Amount payable from
the 2006 State
School Facilities
Fund (Item 1760-001-
6057)................ -14,253,000
(17) Amount payable from
the Motor Vehicle
Parking Facilities
Moneys Account (Item
1760-002-0003)....... -1,102,000
(18) Amount payable from
the Service
Revolving Fund
(Item 1760-002-0666). -156,455,000
(19) Amount payable from
the Service
Revolving Fund (Item
1760-003-0666)....... -14,498,000
(20) Amount payable from
the Service
Revolving Fund (Item
1760-004-0666)....... -313,875,000
Provisions:
1. Notwithstanding any other
provision of law, revenues from
the sale of legislative bills and
publications received by the
Legislative Bill Room shall be
deposited in the Service
Revolving Fund.
2. Notwithstanding any other
provision of law, if the Director
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
carrying out the object
for which the Service
Revolving Fund was
created.
(b) The loan shall be repaid
as soon as there are
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 2008-09
fiscal year from the
recipient fund except as
otherwise provided in
Provisions 4, 5, and 6.
(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
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 Department of General
Services (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
1760-001-0003 and 1760-001-0026
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 Energy
Services Program, 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
of the Legislature, 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 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 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. 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.
9. The Director of Finance is
authorized to increase this item
for purposes of funding tenant
improvement projects to
facilitate the backfill of vacant
space within stand-alone
Department of General Services
(DGS) bond-funded office
buildings. This provision shall
only be used to augment
expenditure authority for DGS
stand-alone individual rate
office buildings where a $0.03
tenant improvement surcharge has
been approved by the Department
of Finance and is included in the
monthly rental rate. Department
of Finance approval is contingent
upon justification for the
proposed tenant improvement
projects to be provided by the
DGS including an analysis of cost
impacts and how the tenant
improvements will improve the
state's utilization of the
facility. Any augmentation made
in accordance with this provision
shall not result in an increase
in any rate charged to other
departments for services without
the prior written consent of the
Department of Finance. Any
augmentation made pursuant to
this provision may be authorized
not sooner than 30 days after
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.
10. Notwithstanding subdivision (c)
of Section 34 of Chapter 127 of
the Statutes of 2000, the
Department of General Services is
authorized to pay Hearn
Construction Company of
Vacaville, California, up to
$498,000 for claims arising from
the renovation of the Lincoln
Theater in Yountville, California.
SEC. 16. Item 1880-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
1880-001-0001--For support of State
Personnel Board............................. 1,936,000
Schedule:
(1) 10-Merit System
Administration........ 20,365,000
(2) 40-Local Government
Services.............. 2,937,000
(3) 50.01-Administration
Services.............. 4,042,298
(4) 50.02-Distributed
Administration
Services.............. -1,959,298
(5) Reimbursements........ -20,064,000
(6) Amount payable from
the Central Service
Cost Recovery Fund
(Item 1880-001-9740).. -3,385,000
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, 2009.
(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
chairpersons of the
committees in each house
of the Legislature that
consider 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.
SEC. 17. Item 1955-001-9730 of Section 2.00 of the Budget Act of
2008 is amended to read:
1955-001-9730--For support of Department
of Technology Services, payable from the
Department of Technology Services
Revolving Fund............................ 278,223,000
Schedule:
(1) 10-Administration
of Technology
Services............ 278,582,000
(2) Reimbursements...... -359,000
Provisions:
1. 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
joint committee, or his or her
designee, may in each instance
determine.
2. 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
office of the State Chief
Information Officer 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.
3. The Department of General
Services, with the consent of
the Department of Technology
Services, may enter into a
lease, lease-purchase agreement,
or lease with an option to
purchase for a build-to-suit
facility to develop a data
center in the central valley,
subject to Department of Finance
approval of the terms and
conditions of the agreement. At
least 30 days prior to entering
into any agreement, the
Department of General Services
shall notify the chairpersons of
the committees in each house of
the Legislature that consider
appropriations and the Joint
Legislative Budget Committee of
the terms and conditions of the
agreement. This notification
shall include an analysis of the
associated rate impact to
customer department invoices. If
the Joint Legislative Budget
Committee does not express any
opposition, the Department of
General Services may proceed
with the agreement after 30 days
from when the Department of
General Services gave notice to
the chairpersons.
SEC. 18. Item 2640-101-0046 of Section 2.00 of the Budget Act of
2008 is amended to read:
2640-101-0046--For local assistance, State
Transit Assistance, for allocation by the
Controller pursuant to Section 99312 of the
Public Utilities Code, payable from the
Public Transportation Account, State 406,434,0
Transportation Fund.......................... 00
Provisions:
1. Notwithstanding Sections 99313
and 99314 of the Public
Utilities Code, not more than
$60,397 of the amount
appropriated in this item
shall be used to reimburse the
Controller for expenditures of
administration of State Transit
Assistance funds.
SEC. 19. Item 2660-001-0042 of Section 2.00 of the Budget Act of
2008 is amended to read:
2660-001-0042--For support of Department
of Transportation, payable from the State
Highway Account, State Transportation
Fund...................................... 2,545,975,000
Schedule:
(1) 10-Aeronautics...... 3,636,000
(2) 20.10-Highway
Transportation--
Capital Outlay 1,657,615,0
Support............. 00
(3) 20.30-Highway
Transportation--
Local Assistance.... 43,964,000
(4) 20.40-Highway
Transportation--
Program Development. 76,077,000
(5) 20.65-Highway
Transportation--
Legal............... 79,744,000
(6) 20.70-Highway
Transportation--
Operations.......... 200,891,000
(7) 20.80-Highway
Transportation-- 1,194,216,0
Maintenance......... 00
(8) 30-Mass
Transportation...... 130,033,000
(9) 40-Transportation
Planning............ 110,543,000
(10) 50.00-
Administration...... 421,974,000
(11) 60.10-Equipment
Service Program
Costs............... 215,429,000
(11.5) 60.20-Distributed
Equipment Service -215,429,00
Program Costs....... 0
(12) Reimbursements...... -341,778,00
0
(13) Amount payable from
the Aeronautics
Account, State
Transportation Fund
(Item 2660-001-
0041)............... -3,596,000
(14) Amount payable from
the Bicycle
Transportation
Account, State
Transportation Fund
(Item 2660-001-
0045)............... -10,000
(15) Amount payable from
the Public
Transportation
Account, State
Transportation Fund
(Item 2660-001- -149,775,00
0046)............... 0
(16) Amount payable from
the Historic
Property
Maintenance Fund
(Item 2660-001-
0365)............... -1,590,000
(16.5) Amount payable from
the Seismic
Retrofit Bond Fund
of 1996 (Section
8879.3 of the
Government Code).... -5,331,000
(17) Amount payable from
the Federal Trust
Fund (Item 2660-001- -524,280,00
0890)............... 0
(18) Amount payable from
the Transportation
Financing
Subaccount, State
Highway Account,
State
Transportation Fund
(Item 2660-001-
6801)............... -784,000
(18.5) Amount payable from
the Transportation
Investment Fund
(Item 2660-002- -236,007,00
3008)............... 0
(19) Amount payable from
the State Route 99
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 2660-004-
6072)............... -4,487,000
(21) Amount payable from
the Corridor
Mobility
Improvement
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 2660-004-
6055)............... -23,190,000
(22) Amount payable from
the Trade Corridors
Improvement Fund
(Item 2660-004-
6056)............... -3,511,000
(23) Amount payable from
the Transportation
Facilities Account,
Highway Safety,
Traffic Reduction,
Air Quality,
and Port Security
Fund of 2006 (Item
2660-004-6058)...... -55,726,000
(24) Amount payable from
the Public
Transportation
Modernization,
Improvement, and
Service Enhancement
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 2660-004-
6059)............... -1,303,000
(24.5) Amount payable from
the State-Local
Partnership Program
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 2660-004-
6060)............... -496,000
(26) Amount payable from
the Local Bridge
Seismic Retrofit
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 2660-004-
6062)............... -91,000
(27) Amount payable from
the Highway-
Railroad Crossing
Safety Account,
Highway Safety,
Traffic Reduction,
Air Quality, and
Port Security Fund
of 2006 (Item 2660-
004-6063)........... -621,000
(28) Amount payable from
the Highway Safety,
Rehabilitation, and
Preservation
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 2660-004-
6064)............... -20,142,000
Provisions:
1. 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 of Transportation to
be available and necessary to
comply with Section 8.50 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
chairpersons of the committees
in each house of the
Legislature that consider
appropriations and the
Chairperson of the Joint
Legislative Budget Committee of
this action.
2. 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 of Transportation-
owned office buildings. Any
transfer will require the prior
approval of the Department of
Finance.
3. 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.
4. 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 of Transportation 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.
5. Notwithstanding any other
provision of law, funds
appropriated in Item 2660-001-
0042, 50.00-Administration from
the State Highway Account, may
be reduced and replaced by an
equivalent amount of
reimbursements determined by
the Department of
Transportation to be available
and necessary to comply with
Section 28.50 and the most
effective management of state
transportation resources. The
reimbursements may also be
reduced and replaced by an
equivalent amount of funds from
the State Highway Account.
Not more than 30 days after
replacing the State Highway
Account funds with
reimbursements and vice versa,
the Director of Finance shall
notify in writing the
chairpersons of the committees
in each house of the
Legislature that consider
appropriations and the
Chairperson of the Joint
Legislative Budget Committee of
this action.
6. Not more than $1,400,000
appropriated in this item is
available for support of the
Department of Transportation's
Owner Controlled Insurance
Program to administer insurance
coverage for contractors on
projects with combined total
costs not to exceed
$750,000,000.
7. Of the funds appropriated in
this item, $214,000,000 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.
8. Of the funds appropriated in
Schedule (5), $48,556,000 is
for the payment of tort lawsuit
claims and awards. Any funds
for that purpose that are
unencumbered as of April 1,
2009, may be transferred to
Item 2660-302-0042. Any
transfer shall require the
prior approval of the
Department of Finance.
9. Of the funds appropriated in
this item, transfers shall be
available to Items 2660-004-
6055, 2660-004-6056, 2660-004-
6058, 2660-004-6059, 2660-004-
6060, 2660-004-6062, 2660-004-
6063, 2660-004-6064, and
2660-004-6072. The Department
of Finance shall authorize the
transfer not sooner than 30
days after notification 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.
10. Of the funds appropriated in
Schedule (7), $5,000,000 shall
be used to implement a parolee
employment program to pick up
and remove litter along state
highways. The Department of
Transportation will evaluate
the effectiveness of the
parolee program and present its
findings to the Joint
Legislative Budget Committee by
July 1, 2010. The report shall
also include a summary and
evaluation of the overall
litter program, including
information and enforcement
activities, which the
Department of Transportation
shall compile in
coordination with the
Department of the California
Highway Patrol.
11. Of the funds appropriated in
Schedule (7), $2,301,000 shall
be used to purchase three Balsi
Beam systems and three barrier
guard systems to increase
worker safety.
12. Of the funds appropriated in
Schedule (7), $809,000 shall be
used for traffic control
operations for the opening of
the first segment of the
managed lanes project on I-15
in San Diego County.
SEC. 20. Item 2660-104-6059 of Section 2.00 of the Budget Act of
2008 is amended to read:
2660-104-6059--For local assistance,
Department of Transportation, payable from
the Public Transportation Modernization,
Improvement, and Service Enhancement Account,
Highway Safety, Traffic Reduction, Air
Quality, and Port Security Fund of 2006....... 1,000
Schedule:
(1) 30-Mass Transportation...... 1,000
Provisions:
1. These funds shall be available for
allocation by the California
Transportation Commission until June
30, 2010, and available for
encumbrance and liquidation until
June 30, 2014.
2. Notwithstanding any other provision
of law, funds appropriated in this
item may be transferred to Item
2660-304-6059. These transfers
require the prior approval of the
Department of Finance.
3. (a) Funds made available in this item
for capital improvements to the
state's intercity rail program,
including the purchase of new
rolling stock, are necessary to
implement a specific provision of
the Highway Safety, Traffic
Reduction, Air Quality, and Port
Security Bond Act of 2006, as
that act was approved by the
voters of the State of California.
(b) From the Highway Safety, Traffic
Reduction, Air Quality, and Port
Security Bond Act of 2006,
paragraph (2) of subdivision (f)
of Section 8879.23 of the
Government Code makes funds
available, upon appropriation by
the Legislature, for intercity
rail improvements ""including the
procurement of additional
intercity railcars and
locomotives.''
(c) It is the intent of the
Legislature that funds
appropriated for this purpose be
spent prudently and expeditiously
to enhance the state's intercity
rail service.
(d) It is further the intent of the
Legislature that during the 2008-
09 fiscal year, and not later
than June 30, 2009, the
Department of Transportation
shall release a Request for
Proposal for the procurement of
rolling stock equipment as
provided for in paragraph (2) of
subdivision (f) of Section
8879.23 of the Government
Code.
(e) No later than January 1, 2009,
the department shall provide a
report to the Joint Legislative
Budget Committee, describing the
activities the department has
undertaken to allocate the funds
made available to it in this item.
SEC. 21. Item 2660-304-6059 of Section 2.00 of the Budget Act of
2008 is amended to read:
2660-304-6059--For capital outlay,
Department of Transportation, payable from
the Public Transportation, Modernization,
Improvement, and Service Enhancement
Account, Highway Safety, Traffic Reduction,
Air Quality, and Port Security Fund of 2006.. 70,999,000
Schedule:
(1) 30-Mass
Transportation........ 70,999,000
Provisions:
1. These funds shall be available for
allocation by the California
Transportation Commission until
June 30, 2010, and available for
encumbrance and liquidation until
June 30, 2014.
2. Notwithstanding any other
provision of law, funds
appropriated in this item may
be transferred to Item 2660-104-
6059 upon the prior approval of
the Department of Finance.
4. (a) Funds made available in
this item for capital
improvements to the
state's intercity rail
program, including the
purchase of new rolling
stock, are necessary to
implement a specific
provision of the Highway
Safety, Traffic Reduction,
Air Quality, and Port
Security Bond Act of 2006,
as that act was approved
by the voters of
California.
(b) From the Highway Safety,
Traffic Reduction, Air
Quality, and Port Security
Bond Act of 2006,
paragraph (2) of
subdivision (f) of Section
8879.23 of the Government
Code makes funds
available, upon
appropriation by the
Legislature, for intercity
rail improvements
""including the
procurement of additional
intercity railcars and
locomotives.''
(c) It is the intent of the
Legislature that funds
appropriated for this
purpose be spent prudently
and expeditiously to
enhance the state's
intercity rail service.
(d) It is further the intent
of the Legislature that
during the 2008-09 fiscal
year, and not later than
June 30, 2009, the
Department of
Transportation shall
release a Request for
Proposal for the
procurement of rolling
stock equipment as
provided for in paragraph
(2) of subdivision (f) of
Section 8879.23 of the
Government Code.
(e) No later than January 1,
2009, the department shall
provide a report to the
Joint Legislative Budget
Committee, describing the
activities the department
has undertaken to allocate
the funds made available
to it in this item.
SEC. 22. Item 2660-492 of Section 2.00 of the Budget Act of 2008
is amended to read:
2660-492--Reappropriation, Department of
Transportation. The amounts specified in the
following citations are reappropriated for
the purposes provided for in the
appropriations and are available for
encumbrance or expenditure until June 30,
2009:
0042--State Highway Account, State
Transportation Fund
(1) Item 2660-001-0042, Budget Act of
2001 (Ch. 106, Stats. 2001), as
reappropriated by Item 2660-492,
Budget Act of 2002 (Ch. 379, Stats.
2002), Budget Act of 2003 (Ch. 157,
Stats. 2003), Budget Act of 2004 (Ch.
208, Stats. 2004), Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006), Budget Act of 2007 (Chs. 171
and 172, Stats. 2007), 20.10-Highway
Transportation--Capital Outlay
Support, up to $7,057,000 shall be
available for the Project Resourcing
and Schedule Management System.
(2) Item 2660-001-0042, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006),
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007), 20.10-Highway
Transportation--Capital Outlay
Support, up to $4,515,000 shall be
available for the Project Resourcing
and Schedule Management System.
(3) Item 2660-304-6059, Budget Act of
2007 (Chs. 171 and 172, Stats. 2007),
up to $186,999,000 shall be available.
(4) Item 2660-104-6059, Budget Act of
2007 (Chs. 171 and 172, Stats. 2007),
up to $1,000 shall be available.
Provisions:
1. Notwithstanding any other provision
of law, funds appropriated in
Schedule (1) or (2) may be increased
by up to $5,000,000 upon approval of
the Director of Finance.
2. The funds available in Schedules (3)
and (4) may be available for
allocation by the California
Transportation Commission until June
30, 2010, and available for
encumbrance and liquidation until
June 30, 2013. Provision 3 of Item
2660-304-6059, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), and
Provision 3 of Item 2660-104-6059,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007), shall not apply to the
reappropriated funds.
3. Notwithstanding any other provision
of law, funds appropriated in
Schedule (3) may be transferred to
Item 2660-104-6059 upon approval of
the Department of Finance.
4. Notwithstanding any other provision
of law, funds appropriated in
Schedule (4) may be transferred
to Item 2660-304-6059 upon approval
of the Department of Finance.
5. (a) Funds made available in this item
for capital improvements to the
state's intercity rail program,
including the purchase of new
rolling stock, are necessary to
implement a specific provision of
the Highway Safety, Traffic
Reduction, Air Quality, and Port
Security Bond Act of 2006, as
that act was approved by the
voters of the State of California.
(b) From the Highway Safety, Traffic
Reduction, Air Quality, and Port
Security Bond Act of 2006,
paragraph (2) of subdivision (f)
of Section 8879.23 of the
Government Code makes funds
available, upon appropriation
by the Legislature, for intercity
rail improvements ""including the
procurement of additional
intercity railcars and
locomotives.''
(c) It is the intent of the
Legislature that funds
appropriated for this purpose be
spent prudently and expeditiously
to enhance the state's intercity
rail service.
(d) It is further the intent of the
Legislature that during the 2008-
09 fiscal year, and not later
than June 30, 2009, the
Department of Transportation
shall release a Request for
Proposal for the procurement of
rolling stock equipment as
provided for in paragraph (2) of
subdivision (f) of Section
8879.23 of the Government
Code.
(e) No later than January 1, 2009,
the department shall provide a
report to the Joint Legislative
Budget Committee, describing the
activities the department has
undertaken to allocate the funds
made available to it in this item.
SEC. 23. Item 3540-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
3540-001-0001--For support of Department of
Forestry and Fire Protection................ 560,045,000
Schedule:
(1) 10-Office of the
State Fire Marshal... 20,442,000
(2) 11-Fire Protection... 880,623,000
(3) 12-Resource
Management........... 62,597,000
(3.5) Board of Forestry.... 449,000
(4) 20.01-Administration. 67,198,000
(5) 20.02-Distributed
Administration....... -66,536,000
(6) Reimbursements....... -259,797,000
(7) Less funding
provided by capital
outlay............... -14,209,000
(8) Amount payable from
the General Fund
(Item 3540-006-0001). -69,090,000
(9) Amount payable from
the State Emergency
Telephone Number
Account (Item 3540-
001-0022)............ -2,393,000
(10) Amount payable from
the Unified Program
Account (Item 3540-
001-0028)............ -353,000
(11) Amount payable from
the State Fire
Marshal Licensing
and Certification
Fund (Item 3540-001-
0102)................ -2,715,000
(12) Amount payable from
the California
Environmental
License Plate Fund
(Item 3540-001-0140). -504,000
(13) Amount payable from
the California Fire
and Arson Training
Fund (Item 3540-001-
0198)................ -2,449,000
(14) Amount payable from
the Hazardous Liquid
Pipeline Safety Fund
(Item 3540-001-0209). -3,059,000
(16) Amount payable from
the Public Resources
Account, Cigarette
and Tobacco Products
Surtax Fund
(Item 3540-001-0235). -419,000
(17) Amount payable from
the Professional
Forester
Registration Fund
(Item 3540-001-0300). -220,000
(18) Amount payable from
the Federal Trust
Fund (Item 3540-001-
0890)................ -31,410,000
(19) Amount payable from
the Forest Resources
Improvement Fund
(Item 3540-001-0928). -7,504,000
(20) Amount payable from
the Timber Tax Fund
(Item 3540-001-0965). -34,000
(22) Amount payable from
the California Clean
Water, Clean Air,
Safe Neighborhood
Parks, and Coastal
Protection Fund
(Item 3540-001-6029). -8,750,000
(23) Amount payable from
the Water Security,
Clean Drinking
Water, Coastal and
Beach Protection
Fund of 2002 (Item
3540-001-6031)....... -368,000
(24) Amount payable from
the Safe Drinking
Water, Water Quality
and Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
3540-001-6051)....... -1,454,000
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.
2. 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 Department of
Forestry and Fire Protection,
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 of the
fiscal year following
that in which the loan
was 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
chairpersons of the
committees in each house
of the Legislature that
consider 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.
SEC. 24. Item 3540-001-1014 of Section 2.00 of the Budget Act of
2008 is repealed.
SEC. 25. Item 3790-490 of Section 2.00 of the Budget Act of 2008
is amended to read:
3790-490--Reappropriation, Department of Parks and
Recreation. Notwithstanding any other provision of
law, the period to liquidate encumbrances in the
following citations is extended to June 30, 2009:
0005--Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund
(1) Item 3790-102-0005, Budget Act of 2000
(Ch. 52, Stats. 2000), (a) 80.25-
Recreational Grants, (5) Murray-
Hayden Grants
(c) City of Richmond: Richmond
Natatorium, to enable seismic
retrofit of the Natatorium
(p) City of Los Angeles, Juntos
Park: outdoor development at a
recently acquired parcel to
serve as a new park
(x) City of Anaheim: Maxwell Park
Expansion Project from 15 to
21 acres
(ix) Santa Monica Mountains
Conservancy: Arroyo
Seco/Confluence Park
(vx) YMCA of San Diego County:
Border View Expansion
(ey) Concerned Citizens of South
Central Los Angeles:
Acquisition and construction
of Antes Columbus Youth
Center, soccer field and
pocket park, as amended by SB
1681, Section 12 of Chapter
672 of the Statutes of 2000
+
(2) Item 3790-102-0005, Budget Act of 2000
(Ch. 52, Stats. 2000), (a) 80.25-
Recreational Grants, (6c) Soccer and
baseball fields
(r) City of Los Angeles, Boyle
Heights Sports Center for
development of sports fields
for both soccer and baseball
as amended by SB 1681, Section
12 of Chapter 672, Statutes of
2000
+
(3) Item 3790-102-0005, Budget Act of 2000
(Ch. 52, Stats. 2000), (a) 80.25-
Recreational Grants, (1) Competitive
grants (nonproject specific)
(c) Nonmotorized Trail Grants.
This appropriation is limited
to a $200,000 grant to the San
Dieguito River Park Joint
Powers Authority.
+
(4) Item 3790-103-0005, Budget Act of 2000
(Ch. 52, Stats. 2000), Grants (per
capita), County of San Diego for the
$1,855,000 grant for the Otay Valley
Regional Park
SEC. 26. Item 3790-494 is added to Section 2.00 of the Budget Act
of 2008, to read:
3790-494--Reappropriation, Department of Parks
and Recreation. Notwithstanding any other
provision of law, the period to liquidate
encumbrances in the following citation is
extended to June 30, 2009:
6029--California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal
Protection Fund
(1) Subdivision (b) of Section 2 of
Chapter 1126 of Statutes of 2002, for
the $333,333 grant to the City of
San Jose for the development of
Japantown.
SEC. 27. Item 3900-001-0044 of Section 2.00 of the Budget Act of
2008 is amended to read:
3900-001-0044--For support of State Air
Resources Board, payable from the Motor
Vehicle Account, State Transportation Fund. 111,261,000
Schedule:
(1) 15-Mobile Source.... 558,652,000
(2) 25-Stationary
Source.............. 57,232,000
(3) 30.01-Program
Direction and
Support............. 14,941,000
(4) 30.02-Distributed
Program Direction
and Support......... -14,941,000
(5) Reimbursements...... -5,460,000
(6) Amount payable from
the General Fund
(Item 3900-001-
0001)............... -2,189,000
(7) Amount payable from
the Air Pollution
Control Fund (Item
3900-001-0115)...... -164,758,000
(8) Amount payable from
the Vehicle
Inspection and
Repair Fund (Item
3900-001-0421)...... -14,271,000
(9) Amount payable from
the Air Toxics
Inventory and
Assessment Account
(Item 3900-001-
0434)............... -936,000
(10) Amount payable from
the Federal Trust
Fund (Item 3900-001-
0890)............... -14,924,000
(11) Amount payable from
the Non-Toxic Dry
Cleaning Incentive
Trust Fund
(Item 3900-001-
3070)............... -1,514,000
(12) Amount payable from
the Air Quality
Improvement Fund
(Item 3900-001-
3119)............... -50,440,000
(13) Amount payable from
the California
Ports
Infrastructure,
Security, and Air
Quality Improvement
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 3900-001-
6054)............... -250,131,000
Provisions:
1. Of the funds appropriated
pursuant to this item,
$6,000,000 shall be expended
pursuant to Section 7(a)(1),
(c), (d)(1), (e), and (g) of
Chapter 91 of the Statutes of
2005. Notwithstanding
subdivision (a) of Section 1.80
of this act, these funds are
available for expenditure until
June 30, 2011.
2. The State Air Resources Board
shall provide to the Legislature
an update of the report
identified in subsection (f) of
Section 7 of Chapter 91 of the
Statutes of 2005 by February 1,
2009.
SEC. 28. Item 4260-101-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
4260-101-0001--For local assistance,
Department of Health Care Services,
Medical Assistance Program, payable from
the Health Care Deposit Fund (0912) after
transfer from the General Fund............ 14,042,203,000
Schedule:
(1) 20.10.010-
Eligibility (County
Administration)..... 2,697,119,000
(2) 20.10.020-Fiscal
Intermediary
Management.......... 268,647,000
(3) 20.10.030-Benefits
(Medical Care and 32,765,590,00
Services)........... 0
(4) Reimbursements...... -203,216,000
(5) Amount payable from
Childhood Lead
Poisoning
Prevention Fund
(Item 4260-101-
0080)............... -160,000
(6) Amount payable from
the Hospital
Services Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
4260-101-0232)...... -18,000,000
(7) Amount payable from
the Unallocated
Account, Cigarette
and Tobacco
Products Surtax
Fund (Item 4260-101-
0236)............... -18,784,000
(8) Amount payable from
the Federal Trust
Fund (Item 4260- -21,448,993,0
101-0890)........... 00
Provisions:
1. The aggregate principal amount of
disproportionate share hospital
general obligation debt that may
be issued in the 2008-09 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 State
Department of Health Care
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. Additionally, any rule
or regulation adopted by the
State Department of Health Care
Services and any communication
that increases costs in the Medi-
Cal program shall be effective
only 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. The
semiannual estimates of Medi-Cal
expenditures provided to the
Legislature in January and May
may constitute the notification
required by this provision.
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 Department 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
of the Legislature and to the
Chairperson of the Joint
Legislative Budget Committee or
not sooner than such lesser time
as the chairperson of the joint
committee, or his or her
designee, may designate. The
semiannual estimates of Medi-Cal
expenditures provided 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 Care
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 the
transfer of expenditure authority
between Schedules (1), (2), (3),
and (4) of this item and between
this item and Items 4260-102-
0001, 4260-111-0001, 4260-113-
0001, and 4260-117-0001 in order
to effectively administer the
programs funded in these items.
The Department 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. The 10-day
notification to the Legislature
shall include the reasons for the
transfer, the fiscal assumptions
used in calculating the transfer
amount, and any potential fiscal
effects on the program from which
funds are being transferred or
for which funds are being reduced.
11. Notwithstanding any other
provision of law and Section
26.00, the Department of Finance
may authorize the transfer of
expenditure authority from
Schedule (3) to Schedule (1) for
the purposes of implementing
changes required by the federal
Deficit Reduction Act of 2005,
which shall include, but not be
limited to, providing assistance
to individuals in meeting
these verification rules and for
county eligibility activities. It
is the intent of the Legislature
that these transfers be provided
on a timely basis in order to
ensure the health and safety of
Californians. The Department of
Finance shall notify the
Legislature within 15 days of
authorizing that 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.
12. If a federal grant that provides
75 percent federal financial
participation to allow
individuals in nursing homes to
voluntarily move into a community
setting and still receive the
same amount of funding for
services is awarded to the State
Department of Health Care
Services during the 2008-09
fiscal year, then,
notwithstanding any other
provision of law, the department
may count expenditures from the
appropriation made to this item
as state matching funds for that
grant.
13. Of the funds appropriated in this
item, up to $9,150,000 may be
utilized to resolve the deferral
issue by the federal Centers for
Medicare and Medicaid Services
(Deferral No. CA/2006/3/E/15/MAP)
related to the Fresno County
Intergovernmental Transfer
transaction.
14. The State Department of Health
Care Services (DHCS) shall, by
January 10, 2009, provide the
Legislature with options to
enhance the health care delivery
system under the Medi-Cal Program
for adults with disabilities or
complex chronic conditions who
are eligible for full-scope Medi-
Cal benefits without a share-
of-cost and who choose not to
enroll in the Medi-Cal Managed
Care Program or who do not have
this option available for
enrollment in their community.
The options shall provide
enrollees with the ability to
select a medical home that
provides primary and preventive
care as well as comprehensive and
coordinated care management, and
ensures that care is provided in
a timely and accessible manner in
the least restrictive and most
appropriate setting.
Any options provided to the
Legislature by the DHCS shall, at
a minimum, include the following
specific components:
(a) Description of the health
care delivery system
(b) Method for determining
eligibility and protocols
for enrollment for services
(c) Description of health care
networks, or any medical
home or interdisciplinary
care team to be used for
preventive and primary
care services and case
management
(d) Description of access to
out-of-network services,
where applicable
(e) Protocols for referral
practices, including
specialty care services,
tertiary care services,
durable medical equipment
and pharmaceuticals
(f) Protocols for
communication access,
including provision of
content through methods
that are understandable
and usable by this
population
(g) Description of benefit
management oversight and
monitoring processes
(h) Referral processes to
other publicly funded
programs, including those
administered by the State
Departments of Mental
Health, Social Services,
Developmental Services,
Public Health, and Health
Care Services
(i) Role of advisory groups,
including stakeholders who
historically represent
this population,
professional
organizations, community-
based organizations,
foundation consultants or
applicable others, in
actively designing any
components to potential
options
(j) Training for providers on
disability competency and
clinical components
(k) Descriptions of any Medi-
Cal eligible beneficiary
outreach, health care
educational information,
or related methods for
engagement in health care
awareness and participation
(l) Criteria and assumptions
used to calculate any
short-term and longer-term
health care measurements
and outcomes, as well as
fiscal estimates,
pertaining to any options.
SEC. 28.5. Item 4260-101-0890 of Section 2.00 of the Budget Act of
2008 is amended to read:
4260-101-0890--For local assistance,
Department of Health Care Services, for
payment to Item 4260-101-0001, payable
from the Federal Trust Fund............... 21,448,993,000
Provisions:
1. Any of the provisions in Item
4260-101-0001 that are
relevant to this item also
apply to this item.
SEC. 29. Item 4260-111-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
4260-111-0001--For local assistance,
Department of Health Care Services........ 202,957,000
Schedule:
(1) 20.25-Children's
Medical Services.... 352,614,000
(2) 20.35-Primary and
Rural Health........ 50,389,000
(3) Reimbursements...... -55,353,000
(4) Amount payable from
the Childhood Lead
Poisoning
Prevention Fund
(Item 4260-111-
0080)............... -24,000
(5) Amount payable from
the Physician
Services Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
4260-111-0233)...... -774,000
(6) Amount payable from
the Unallocated
Account, Cigarette
and Tobacco
Products Surtax
Fund (Item 4260-111-
0236)............... -13,081,000
(7) Amount payable from
the Federal Trust
Fund (Item 4260-111-
0890)............... -130,814,000
Provisions:
1. Program 20.25-Children's Medical
Services: Counties may retain 50
percent of total enrollment
and assessment fees that are
collected by the counties for
the California Children's
Services Program. Fifty percent
of the enrollment and assessment
fee for each county shall be
offset from the state's match
for that county.
2. Notwithstanding any other
provision of law, the Department
of Finance may authorize
transfer of expenditure
authority between this item and
Items 4260-101-0001, 4260-102-
0001, 4260-113-0001, and 4260-
117-0001 in order to effectively
administer the programs funded
in these items. The Department
of Finance shall notify the
Legislature within 10 days of
authorizing such 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. The 10-day notification to
the Legislature shall include
the reasons for the
transfer, the fiscal assumptions
used in calculating the transfer
amount, and any potential fiscal
effects on the program from
which funds are being
transferred or reduced.
SEC. 30. Item 4260-111-0890 of Section 2.00 of the Budget Act of
2008 is amended to read:
4260-111-0890--For local assistance,
Department of Health Care Services, for
payment to Item 4260-111-0001, payable
from the Federal Trust Fund ............... 130,814,000
Provisions:
1. Of the funds appropriated in
this item, $408,000 shall be
available for administration,
research, and training
projects. Notwithstanding
Section 28.00, the State
Department of Health Care
Services shall report under
that section any new project
over $200,000 or any increase
in excess of $400,000 for an
identified project.
SEC. 31. Item 4300-101-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
4300-101-0001--For local assistance,
Department of Developmental Services,
for Regional Centers..................... 2,384,027,000
Schedule:
(1) 10.10.010-
Operations.......... 527,816,000
(2) 10.10.020-Purchase 3,372,900,00
of Services......... 0
(3) 10.10.060-Early
Intervention
Programs............ 20,095,000
(4) Reimbursements...... -1,308,405,0
00
(5) Amount payable from
the Public
Transportation
Account, State
Transportation Fund
(Item 4300-101-
0046)............... -138,275,000
(6) Amount payable from
Developmental
Disabilities
Program
Development Fund
(Item 4300-101-
0172)............... -1,147,000
(7) Amount payable from
Federal Trust Fund
(Item 4300-101-
0890)............... -88,957,000
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. Within
10 working days after approval
of a transfer as authorized by
this provision, the Department
of Finance shall notify the
chairpersons of the fiscal
committees in each house of the
Legislature and the Chairperson
of the Joint Legislative Budget
Committee of the transfer,
including the amount
transferred, how the amount
transferred was determined, and
how the amount transferred will
be utilized.
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. $1,826,000 of the funds
appropriated in this item may be
used to augment service provider
rates for the work needed to
obtain information to secure
federal participation under the
Home and Community-Based
Services Waiver program.
Eligible providers are those
service providers who are
qualified providers under
Title XIX of the Social Security
Act, are not currently providing
the required information, and
are serving individuals enrolled
under the Home and Community-
Based Services Waiver program.
5. Notwithstanding Section 26.00,
the Department of Finance may
authorize transfer of
expenditure authority between
Schedules (1) and (2) in order
to more accurately reflect
expenditures in the Early
Intervention federal grant
program (Part C of the
Individuals with Disabilities
Education Act).
6. It is the intent of the
Legislature for the State
Department of Health Care
Services and the State
Department of Developmental
Services to collaboratively work
with stakeholders, including
providers and diverse
constituency groups as deemed
appropriate, regarding the
bundling of rates for the
reimbursement of intermediate
care facilities for the
developmentally disabled,
including habilitative and
nursing facilities. It is the
intent of the Legislature that
any changes made by the state
shall be seamless to the
providers of services affected
by the changes, as well as to
the consumers and their families
that are provided services
through the Regional Center
system. The integrity of the
individual program plan process
described in the Lanterman
Developmental Disabilities
Services Act (Division 4.5
(commencing with Section 4500)
of the Welfare and Institutions
Code) shall be maintained
throughout this process and
shall not be affected by any
changes made to implement the
bundled rates.
7. Of the funds appropriated in
Schedule (2), the amount
identified by the State
Department of Developmental
Services for self-directed
services shall be available for
encumbrance until June 30, 2010,
and for liquidation until June
30, 2011.
8. Upon the order of the Department
of Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4300-103-0001 in order to
effectively administer the Self-
Directed Services Risk Pool Fund.
9. It is the intent of the
Legislature for the California
Children and Families Commission
to utilize at least $5,000,000
in funds from any of its
accounts for information,
services, and supports provided
under the Early Start Program as
administered by the State
Department of Developmental
Services. This language is not
intended to affect any
contingencies or emergencies of
which the Department of Finance
may choose to notify the
Legislature in the 2008-09
fiscal year.
SEC. 31.5. Item 4440-101-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
4440-101-0001--For local assistance,
Department of Mental Health................ 480,163,000
Schedule:
(1) 10.25-Community
Services-- Other
Treatment........... 639,172,000
(2) 10.30-Community
Services-- EPSDT.... 984,001,000
(3) 10.47-Community
Services--
Children's Mental
Health Services..... 350,000
(4) 10.85-Community
Services-- AIDS.... 0
(5) 10.97-Community
Services-- Healthy
Families Program.... 24,805,000
(5.5) 10.98-Community
Services--Continued
Implementation of
the MHSA............ 40,000,000
(6) Reimbursements...... -1,208,165,00
0
Provisions:
1. Augmentations to reimbursements
in this item from the Office of
Emergency Services for Disaster
Relief are exempt from Section
28.00. 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.
3. Of the amount appropriated in
this item, $750,000 shall be used
to provide a supplemental payment
to Community Treatment Facilities
for the 2008-09 fiscal year.
4. Of the amount appropriated in
this item, a portion is for costs
and claims incurred by the
San Mateo Pharmacy and Laboratory
Services Program in the 2004-05
and 2005-06 fiscal years.
5. It is the intent of the
Legislature for counties to
consider ways to provide services
similar to those established
pursuant to the Mentally Ill
Offender Crime Reduction Grant
Program using Mental Health
Services Act Funds, as referenced
in Section 5813.5 of the Welfare
and Institutions Code and as
appropriate under this act.
SEC. 32. Item 5180-101-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
5180-101-0001--For local assistance,
Department of Social Services............ 2,808,386,000
Schedule:
(1) 16.30-CalWORKs...... 5,290,712,00
0
(2) 16.65-Other 1,360,039,00
Assistance Payments. 0
(3) Reimbursements...... -3,990,000
(4) Amount payable from
the Emergency Food
Assistance Program
Fund (Item 5180-101-
0122)............... -449,000
(5) Amount payable from
the Employment
Training Fund (Item
5180-101-0514)...... -35,000,000
(6) Amount payable from
the Federal Trust
Fund (Item 5180-101- -3,791,897,0
0890)............... 00
(7) Amount payable from
the Child Support
Collections
Recovery Fund (Item
5180-101-8004)...... -11,029,000
Provisions:
1. (a) No funds appropriated in
this item shall be
encumbered unless every
rule or regulation
adopted and every all-
county letter issued
by the State 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.
(b) Notwithstanding Sections
28.00 and 28.50, 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
(1) specifically required
as a result of the
enactment of a federal or
state law or (2) 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
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 such lesser
time as the chairperson
of the joint 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 or programs 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. (a) 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 2008-
09 fiscal year that are
within or in excess of
amounts appropriated in
this act for that year.
(b) 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
appropriation made in
this item 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 this item 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 Procedures 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 State 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 reimburse
the department for county's
settlement via direct payment or
administrative offset.
8. The Department of Finance is
authorized to approve
expenditures for the California
Food Assistance Program in those
amounts made necessary by
changes in the Food Stamp
Program Standard Utility
Allowance, including those that
result from midyear Standard
Utility Allowance adjustments
requested by the state. 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 appropriation
made by this item shall be
increased by the amount of the
excess unless and until
otherwise provided by law.
9. Upon request of the Department
of Finance, the Controller shall
transfer funds between this item
and Item 5180-153-0001 as needed
to reflect the estimated
expenditure amounts for each
county that opts into the Title
IV-E Child Welfare Waiver
Demonstration Project pursuant
to Section 18260 of the Welfare
and Institutions Code. The
Department of Finance shall
report to the Legislature the
amount to be transferred
pursuant to this provision. The
transfer shall be authorized at
the time the report is made.
10. The Department of Finance shall
increase this item up to
$20,613,000 to the extent that
unspent county performance and
fraud recovery incentive funds
available as of June 30, 2008,
are less than $20,613,000. The
increase shall be made not
sooner than 30 days after
written notification of the
increase is given to the
chairpersons of the fiscal
committees of 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
committee may determine.
11. Notwithstanding any other
provision of law, upon request
of the Department of Social
Services, the Department of
Finance may increase the
expenditure authority in this
item for the purpose of funding
a supplemental payment to foster
parents and families receiving
adoption assistance payments for
children served by both regional
centers and child welfare
agencies pursuant to Section
11464 of the Welfare and
Institutions Code, as amended by
Chapter 177 of the Statutes of
2007.
SEC. 33. Item 5180-101-0890 of Section 2.00 of the Budget Act of
2008 is amended to read:
5180-101-0890--For local assistance,
Department of Social Services, for
payment to Item 5180-101-0001, payable
from the Federal Trust Fund............... 3,791,897,000
Provisions:
1. Provisions 1, 4, 6, 7, 9, 10,
and 11 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. 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 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
for 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).
The Title XX funds shall be
pooled with TANF funds
appropriated in this item for
CalWORKs Child Care. This
transfer shall occur only if
the Director of Finance
approves the pooling of Title
XX funds with Child Care and
Development Fund or TANF
funds, or both.
4. Upon request of the State
Department of Social
Services, the Director of
Finance may increase or
decrease the expenditure
authority in this item to
offset any increases or
decreases in collections
deposited in the Child
Support Collections Recovery
Fund and appropriated in Item
5180-101-8004. The Department
of Finance shall provide
notification of the
adjustment to the Joint
Legislative Budget Committee
within 10 working days from
the date of Department of
Finance approval of the
adjustment.
SEC. 34. Item 5180-111-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
5180-111-0001--For local assistance,
Department of Social Services............ 5,562,733,000
Schedule:
(1) 16.70-SSI/SSP....... 3,751,938,00
0
(2) 25.15-IHSS.......... 5,330,297,00
0
(3) 25.20-Recipient
Supplementary
Payment............. 44,176,000
(4) Reimbursements...... -3,563,678,0
00
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 $240,000,000
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 or programs
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
or programs 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 In-Home
Supportive Services (IHSS)
program, without compromising
the quality of the services
provided to IHSS recipients.
4. The Director of Finance may
authorize the transfer of
amounts from this item to Item
5180-001-0001 in order to fund
increased costs due to workload
associated with the retroactive
reimbursement of Medi-Cal
services for the In-Home
Supportive Services program to
comply with the Conlan v. Shewry
court decision. The Department
of Finance shall report to the
Legislature the amount to be
transferred pursuant to this
provision and the number of
positions to be established by
the State Department of Social
Services. The transfer shall
be authorized at the time the
report is made. The State
Department of Social Services
shall review the workload
associated with the Conlan v.
Shewry decision during the 2008-
09 fiscal year and may
administratively establish
positions as the workload
requires.
5. The Director of Finance may
authorize the transfer of
amounts from this item to Item
5180-001-0001 in order to fund
the cost of the administrative
hearing process associated with
changes in aid or service
payments in the In-Home
Supportive Services program. The
Department of Finance shall
report to the Legislature the
amount to be transferred
pursuant to this provision. The
transfer shall be authorized at
the time the report is made.
SEC. 35. Item 5180-141-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
5180-141-0001--For local assistance,
Department of Social Services............. 480,516,000
Schedule:
(1) 16.75-County
Administration and
Automation Projects. 1,194,774,000
(2) Reimbursements...... -59,427,000
(3) Amount payable from
the Federal Trust
Fund (Item 5180-141-
0890)............... -654,831,000
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 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 appropriation made
by this item 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 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. Upon request of the Department of
Finance, the Controller shall
transfer funds between this item
and Item 5180-153-0001 as needed
to reflect the estimated
expenditure amounts for each
county that opts into the Title
IV-E Child Welfare Waiver
Demonstration Project pursuant to
Section 18260 of the Welfare and
Institutions Code. The
Department of Finance shall
report to the Legislature the
amount to be transferred pursuant
to this provision. The transfer
shall be authorized at the time
the report is made.
SEC. 36. Item 5180-141-0890 of Section 2.00 of the Budget Act of
2008 is amended to read:
5180-141-0890--For local assistance,
Department of Social Services, for payment
to Item 5180-141-0001, payable from the
Federal Trust Fund......................... 654,831,000
Provisions:
1. Provisions 2, 3, 4, 6, and 7
of Item 5180-141-0001 also
apply to this item.
SEC. 37. Item 5180-151-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
5180-151-0001--For local assistance,
Department of Social Services.............. 757,135,000
Schedule:
(1) 25.30-Children and
Adult Services and
Licensing............ 2,151,082,000
(2) 25.35-Special
Programs............. 22,682,000
(3) Reimbursements....... -143,894,000
(4) Amount payable from
the Child Health and
Safety Fund (Item
5180-151-0279)....... -1,264,000
(5) Amount payable from
the State Children's
Trust Fund (Item
5180-151-0803)....... -3,755,000
(6) Amount payable from
the Federal Trust
Fund (Item 5180-151- -1,263,716,00
0890)................ 0
(7) Amount payable from
the Child Welfare
Services Program
Improvement Fund
(Item 5180-151-8023). -4,000,000
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 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 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 State
Department of Social Services that
it intends to cease performing
that function.
6. (a) Of the amount appropriated
in this item, $57,836,000
shall be provided to
counties to fund
additional child welfare
services 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.
(b) 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 State 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. Upon request by the Department of
Finance, the Controller shall
transfer funds between this item
and Item 5180-153-0001 as needed
to reflect the estimated
expenditure amounts for each
county that opts into the
Title IV-E Child Welfare Waiver
Demonstration Project pursuant to
Section 18260 of the Welfare and
Institutions Code. The Department
of Finance shall report to the
Legislature the amount to be
transferred pursuant to this
provision. The transfer shall be
authorized at the time the report
is made.
SEC. 38. Item 5180-151-0890 of Section 2.00 of the Budget Act of
2008 is amended to read:
5180-151-0890--For local assistance,
Department of Social Services, for
payment to Item 5180-151-0001, payable
from the Federal Trust Fund............... 1,263,716,000
Provisions:
1. Provisions 1, 3, 5, 6, and 8
of Item 5180-151-0001 also
apply to this item.
SEC. 39. Item 5225-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
5225-001-0001--For support of Department
of Corrections and Rehabilitation........ 7,173,074,000
Schedule:
(1) 10-Corrections and
Rehabilitation
Administration...... 461,796,000
(3) 15-Corrections
Standards Authority. 11,794,000
(4) 20-Juvenile
Operations.......... 263,488,000
(5) 21-Juvenile
Education,
Vocations, and
Offender Programs... 5,529,000
(6) 22-Juvenile Paroles. 34,098,000
(7) 23-Juvenile Health
Care................ 112,786,000
(8) 25-Adult
Corrections and
Rehabilitation 4,974,568,0
Operations.......... 00
(9) 30-Parole
Operations-- Adult.. 841,685,000
(10) 35-Board of Parole
Hearings............ 105,982,000
(11) 40-Community
Partnerships........ 15,030,000
(12) 45-Education,
Vocations, and
Offender Programs--
Adult............... 548,331,000
(13) Reimbursements...... -126,998,00
0
(14) Amount payable from
the Corrections
Training Fund (Item
5225-001-0170)...... -2,608,000
(15) Amount payable from
the Federal Trust
Fund (Item 5225-001-
0890)............... -7,332,000
(16) Amount payable from
the Inmate Welfare
Fund (Item 5225-001-
0917)............... -65,075,000
Provisions:
1. Any funds recovered as a result
of audits of locally operated
return-to-custody centers shall
revert to the General Fund.
2. 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.
3. Notwithstanding any other
provision of law, but subject
to providing 30 days' prior
notification to the Joint
Legislative Budget Committee,
funds appropriated in Schedule
(8) or (9), or both, 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.
4. 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 the Department 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.
5. Not later than February 17,
2009, the Secretary of the
Department of Corrections and
Rehabilitation shall submit to
the chairpersons and vice
chairpersons of the committees
in both houses of the
Legislature that consider the
State Budget 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 the 2007-08
fiscal year, (b) allotments and
projected expenditures by
program for each institution in
the 2008-09 fiscal year, (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 2008-09
fiscal year.
6. Funds appropriated to
accommodate projected adult
institutional and parolee
population levels in excess of
those that actually
materialize, if any, shall
revert to the General Fund.
7. Of the amount appropriated in
this item, $87,341,000 is
available for the Consolidated
Information Technology
Infrastructure Project. Upon
determination of the project
costs that can be financed
using GS $mart, any balance in
excess of the amounts needed
for 2008-09 payments shall
revert to the General Fund upon
order of the Director of
Finance. Up to $45,856,000 may
be reverted.
8. The Director of Finance may
augment this item by up to
$15,000,000 upon approval of a
Feasibility Study Report or a
Special Project Report by the
office of the State Chief
Information Officer that
identifies a gap and a need for
an information technology
solution between the
development of the Strategic
Offender Management System, the
Disability and Effective
Communication System, and the
requirements of the Armstrong
v. Schwarzenegger court orders.
Any augmentation shall be
authorized no sooner than 30
days after notification in
writing to 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 determine.
9. Notwithstanding any other
provision of law, upon order of
the Director of Finance, funds
appropriated in Schedules (8)
and (12) may be transferred
between each other for the sole
purpose of reconciling
expenditures in the Division of
Adult Institutions with
expenditures in the Division of
Adult Education, Vocation, and
Offender Programs in order to
comply with the April 3, 2007,
court order, in the case of
Valdivia v. Schwarzenegger.
Transfers between Schedules (8)
and (12) shall occur no sooner
than 30 days after notification
to the Joint Legislative Budget
Committee of actual utilization
of In-Custody Treatment Program
beds by parole region and how
this utilization necessitates
the transfer of funds.
10. The Department of Corrections
and Rehabilitation (DCR) shall
continue its efforts in
consultation with legislative
staff and the Department of
Finance to create a more
accurate and transparent
population budget request for
caseload-related funding. In
particular, DCR shall identify
appropriate funding formulas to
use to estimate staffing levels
and funding associated with
changes in the projected inmate
population. These formulas
shall be presented to the
Legislature no later than
January 10, 2009, so as to be
considered during budget
deliberations. If approved,
these formulas shall be
incorporated into DCR's budget
request the following year.
11. Of the amount appropriated in
Schedule (1), $3,270,000 is for
contract costs to provide
employees of the Department of
Corrections and Rehabilitation
with tuberculosis testing and
Hepatitis B vaccinations. Any
funds not expended for this
purpose by June 30, 2009, shall
revert to the General Fund. The
Department of Corrections and
Rehabilitation shall report
actual contract expenditures to
the Department of Finance.
12. The process to award local jail
bond funding, authorized
pursuant to Chapter 7 of the
Statutes of 2007, shall be
finalized by the Corrections
Standard Authority prior to the
activation of the Northern
California Reentry Facility.
13. The Department of Corrections
and Rehabilitation shall
establish and implement a
system for ensuring consistent
reporting of the utilization of
funding provided in this item
for aftercare rehabilitation
services. This information
shall be reported to the
Legislature in the Governor's
2009-10 January budget proposal.
14. (a) The funds appropriated
in this item are
restricted for use by
the Department of
Corrections and
Rehabilitation for the
specific programmatic
and operational purposes
specified in the
Supplemental Report of
the Budget Act of 2008.
The department shall
provide two reports
identifying its progress
toward expending these
funds during the 2008-09
fiscal year to the
fiscal committees of
both houses of the
Legislature beginning on
October 1, 2008. The
first report shall be
due February 1, 2009,
and shall separately
detail the activities of
the first two quarters
of the 2008-09 fiscal
year. The second report
shall be due May 1,
2009, and shall display
the activities for the
third quarter of the
2008-09 fiscal year. The
funds identified in the
Supplemental Report of
the Budget Act of 2008
shall be utilized for
the purposes specified,
and any unspent funds
shall revert to the
General Fund.
(b) In situations where
fluctuations in
population result in
lower expenditure levels
as identified in the
department's population
budget change proposals,
these savings shall be
captured in the
population funding
estimates and may be
used to offset other
population-related
expenditure increases.
(c) After providing a 30-day
notification period to
the Joint Legislative
Budget Committee, the
department may expend
funds identified in the
Supplemental Report of
the Budget Act of 2008
on other identified
needs.
SEC. 40. Item 5225-002-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
5225-002-0001--For support of Department
of Corrections and Rehabilitation........ 2,341,135,000
Schedule:
(1) 10-Corrections and
Rehabilitation
Administration...... 8,314,000
(2) 25-Adult
Corrections and
Rehabilitation
operations.......... 285,922,000
(3) 50.10-Medical 1,343,233,00
Services-- Adult.... 0
(4) 50.20-Dental
Services-- Adult.... 117,552,000
(5) 50.30-Mental Health
Services-- Adult.... 311,658,000
(6) 50.40-Ancillary
Health Care
Services-- Adult.... 215,839,000
(7) 50.50-Dental and
Mental Health
Services
Administration--
Adult............... 60,818,000
(8) Reimbursements...... -2,201,000
Provisions:
1. On February 14, 2006, the United
States District Court in the
case of Plata v. Schwarzenegger
(No. C01-1351 THE) suspended the
exercise by the Secretary of the
Department of Corrections and
Rehabilitation of all powers
related to the administration,
control, management, operation,
and financing of the California
prison medical health care
system. The court ordered that
all such powers vested in the
Secretary of the Department of
Corrections and Rehabilitation
were to be performed by a
Receiver appointed by the court
commencing April 17, 2006, until
further order of the court. The
Director of the Division of
Correctional Health Care
Services of the Department of
Corrections and Rehabilitation
is to administer this item to
the extent directed by the
Receiver.
2. 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.
3. Notwithstanding Section 13324 of
the Government Code or Section
32.00 of this act, no state
employee shall be held
personally liable for any
expenditure or the creation of
any indebtedness in excess of
the amounts appropriated
therefor as a result of
complying with the directions of
the Receiver or orders of the
United States District Court in
Plata v. Schwarzenegger.
4. The amounts appropriated in
Schedules (3) and (6) are
available for expenditure by the
Receiver appointed by the Plata
v. Schwarzenegger court to carry
out its mission to deliver
constitutionally adequate
medical care to inmates.
5. The amounts appropriated in
Schedules (4), (5), and (7) are
available for expenditure by the
Department of Corrections and
Rehabilitation to provide mental
health and dental services only.
6. Of the funds appropriated for
the Receiver in Schedules (2),
(3), and (6), $253,807,000 is
available for expenditure only
for the purposes identified
below and any unexpended funds
shall revert to the General Fund:
(a) Health Care Access Units:
$110,020,000
(b) Health Care Guarding and
Transportation:
$89,328,000
(c) Central Fill Pharmacy:
$8,621,000
(d) Pharmaceuticals and
Medical Supplies:
$45,838,000
7. (a) The funds appropriated in
this item are restricted
for use by the Department
of Corrections and
rehabilitation for the
specific programmatic and
operational purposes
specified in the
Supplemental Report of
the Budget Act of 2008.
The department shall
provide two reports
identifying its progress
toward expending these
funds during the 2008-09
fiscal year to the fiscal
committees of both houses
of the Legislature
beginning on October 1,
2008. The first report
shall be due February 1,
2009, and shall
separately detail the
activities of the first
two quarters of the 2008-
09 fiscal year. The
second report shall be
due May 1, 2009, and
shall display the
activities for the third
quarter of the 2008-09
fiscal year. The funds
identified in the
Supplemental Report of
the Budget Act of 2008
shall be utilized for
the purposes specified,
and any unspent funds
shall revert to the
General Fund.
(b) In situations where
fluctuations in
population result in
lower expenditure levels
as identified in the
department's population
budget change proposals,
these savings shall be
captured in the
population funding
estimates and may be used
to offset other
population-related
expenditure increases.
(c) After providing a 30-day
notification period to
the Joint Legislative
Budget Committee, the
department may expend
funds identified in the
Supplemental Report of
the Budget Act of 2008 on
other identified needs.
8. The Department of Corrections
and Rehabilitation is required
to submit a Budget Change
Proposal to request funding to
support positions authorized in
the Mental Health Staffing
Workload Study.
SEC. 41. Item 5225-101-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
5225-101-0001--For local assistance,
Department of Corrections and
Rehabilitation.............................. 246,671,000
Schedule:
(1) 15-Corrections
Standards Authority... 182,107,000
(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
of Fugitives.......... 2,593,000
(6) 25.30-Adult
Corrections and
Rehabilitation
Operations-- County
Charges............... 16,480,000
(7) 30-Parole Operations-
- Adult............... 43,732,000
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 11190 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 $77.17
per day, 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 (8) or (9), 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. 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
the 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.
SEC. 42. Item 5225-301-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
5225-301-0001--For capital outlay, Department
of Corrections and Rehabilitation, payable 58,319,
from the General Fund.......................... 000
Schedule:
(.6 60.26.011-O.H. Close
) Youth Correctional
Facility, Stockton:
Inyo Behavioral
Treatment Program
Space--Construction.... 516,000
(.7 60.26.268-O.H. Close
) Youth Correctional
Facility, Stockton:
Humboldt Specialized
Counseling Program
Building--Construction. 517,000
(1) 60.26.269-N. A.
Chaderjian Youth
Correctional Facility,
Stockton: Sexual
Behavior Treatment
Program Counseling
Building No. 1-
-Construction.......... 419,000
(2) 60.26.270-N. A.
Chaderjian Youth
Correctional Facility,
Stockton: Sexual
Behavior Treatment
Program Counseling
Building No. 2-
-Construction.......... 517,000
(3) 61.01.001-Statewide:
Budget Packages and
Advance Planning--
Study.................. 3,000,000
(4) 61.01.203-Statewide:
Small Management
Exercise Yards--
Preliminary plans,
working drawings, and
construction........... 25,407,000
(5) 61.05.038-Correctional
Training Facility,
Soledad: Solid Cell
Fronts-- Working
drawings............... 498,000
(7) 61.07.107-Folsom State
Prison, Represa:
Renovate Branch
Circuit Wiring,
Building No. 5-
-Working drawings and
construction........... 1,876,000
(8) 61.09.038-California
Medical Facility,
Vacaville: Solid Cell
Fronts-- Construction.. 6,688,000
(9) 61.13.016-California
Institution for Women,
Frontera: 20-Bed
Psychiatric Services
Unit--Preliminary
plans and working
drawings............... 747,000
(10 61.14.030-Minor
) Projects .............. 5,538,000
(11 61.15.035-California
) Rehabilitation Center,
Norco: Replace Men's
Dorms-- Working
drawings............... 343,000
(12 61.15.039-California
) Rehabilitation Center,
Norco: Install Bar
Screen-- Preliminary
plans and working
drawings............... 113,000
(13 61.16.023-Sierra
) Conservation Center,
Jamestown:
Filtration/Sedimentatio
n Structure--
Construction........... 2,579,000
(14 61.18.008-Mule Creek
) State Prison, Ione:
Wastewater Treatment
Plant Improvements--
Working drawings....... 542,000
(16 61.34.004-Ironwood
) State Prison, Blythe:
Heating, Ventilation,
and Air Conditioning
System-- Preliminary
plans ................. 5,758,000
(17 61.35.014-Salinas
) Valley State Prison,
Soledad: 180 Housing
Unit Conversion and
Addition to the Mental
Health Services
Building--Preliminary
plans.................. 1,694,000
(18 61.35.016-Salinas
) Valley State Prison,
Soledad: Intermediate
Care Facility
Treatment Space-
-Preliminary plans and
working drawings....... 399,000
(19 61.47.007-California
) State Prison-
Sacramento, Represa:
Enhanced Outpatient
Program, Facility B
Program, Treatment,
and Office Space-
-Preliminary plans..... 1,168,000
Provisions:
1. The funds appropriated in Schedule (3)
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 2009-10
or 2010-11 Budget Act, and for which
cost estimates or preliminary plans can
be developed prior to legislative
hearings on the 2009-10 and 2010-11
Budget Acts, respectively. Upon
approval by the Department of Finance,
these funds may also be used to develop
scope and cost information for
projects authorized by Section 15819.40
of the Government Code. 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 this
item 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. The unexpended portion of funds
appropriated in Schedules (9), (17),
and (18) shall be reverted if the
projects for which they are
appropriated are removed from the
mental health bed plan, as approved by
the Coleman Court, and are no longer
necessary to meet the mental health
space needs required by the Coleman
Court.
4. The Department of Corrections and
Rehabilitation shall report to, in
writing, the chairpersons of the
committees in each house of the
Legislature that consider
appropriations and the Chairperson of
the Joint Legislative Budget Committee
by May 1, 2009, on the reconciliation
of the funds appropriated in Schedule
(10).
5. Notwithstanding any other provision of
law, the funds appropriated in Schedule
(4) shall be subject to the following:
(a) Upon approval of the Department
of Finance, the funds
appropriated in Schedule (4) may
be augmented by up to $8,593,000
if doing so will enable the
Department of Corrections and
Rehabilitation to comply with the
order in Coleman v. Wilson
requiring completion of this
project by June 30, 2009. No such
augmentation shall be approved
until the Department of Finance
has certified that bids have
been received and that approving
an augmentation will enable the
Department of Corrections and
Rehabilitation to comply with the
court order. Upon making such a
finding, the Department of
Finance shall provide written
notification to the Joint
Legislative Budget Committee and
the chairpersons of the fiscal
committees in each house of the
Legislature at least 30 days
prior to State Public Works Board
approval of the augmentation, or
any lesser time the chairperson
of the Joint Legislative Budget
Committee, or his or her
designee, may determine.
(b) In order to expedite the design
and construction of the project,
the Department of Corrections and
Rehabilitation is authorized to
perform any work to be done on
this project using day labor,
negotiated contract, contract
made upon informal bids, or a
combination thereof without the
necessity of complying with the
State Contract Act (Chapter 1
(commencing with Section 10100)
of Part 2 of Division 2 of the
Public Contract Code) or any part
thereof.
(c) Entities may be selected by the
Department of Corrections and
Rehabilitation subject to all of
the following criteria:
(1) The Department of
Corrections and
Rehabilitation shall
utilize, as the primary
selection criteria, the
demonstrated competence and
qualifications for the
design, developing,
construction, rebuilding,
improvement, or repair, or
any combination thereof, of
the project.
(2) The Department of
Corrections and
Rehabilitation shall ensure
that the construction of
the project is delivered
under contracts entered
into pursuant to this
section at a fair and
reasonable price.
(d) If an augmentation pursuant to
subdivision (a) is not approved,
these funds shall be available
for augmentation by the State
Public Works Board, pursuant to
subdivision (e) and (g) of
Section 13332.11 of the
Government Code. No other
provision of Section 13332.11 of
the Government Code shall apply.
(e) All plans and specifications for
the project shall comply with all
applicable building codes for
state owned facilities.
(f) Notwithstanding the provisions of
Section 3247 of the Civil Code,
the contractor under any contract
made under this chapter need not
provide a payment bond before the
commencement of the work but must
provide a payment bond as
otherwise required by law prior
to payment under the contract.
(g) Other than as provided in this
provision, private sector methods
may be used to deliver the
project. Specifically, the
design, procurement and
contracting of the project is not
subject to the State Contract Act
(Chapter 1 (commencing with
Section 10100) of Part 2 of
Division 2 of the Public Contract
Code), Chapter 10 (commencing
with Section 4525) of Division 5
of Title 1 of the Government
Code, or any other provision of
California law governing public
procurement or public works
projects.
(h) The provisions of Section 7003 of
the Penal Code shall not apply to
the project.
SEC. 43. Item 5225-301-0660 of Section 2.00 of the Budget Act of
2008 is amended to read:
5225-301-0660--For capital outlay,
Department of Corrections and
Rehabilitation, payable from the Public
Buildings Construction Fund............... 198,630,000
Schedule:
(.3) 61.07.029-Folsom
State Prison,
Represa: Convert
Officer and Guards
Building to
Office Space-
-Construction....... 6,768,000
(.5) 61.10.101-
California Men's
Colony, San Luis
Obispo: Central
Kitchen Replacement-
-Working drawings
and construction.... 15,263,000
(1) 61.12.027-San
Quentin State
Prison: Condemned
Inmate Complex-
-Working drawings
and construction.... 136,275,000
(2) 61.15.035-
California
Rehabilitation
Center, Norco:
Replace Men's Dorms-
-Construction....... 14,993,000
(3) 61.22.006-
Chuckwalla Valley
State Prison,
Blythe: Wastewater
Treatment Plant
Improvements-
-Construction....... 25,331,000
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 projects authorized by this
item.
2. The Department of Corrections
and Rehabilitation and the
State Public Works Board are
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.
3. 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 provision is
declaratory of existing law.
4. Notwithstanding any other
provision of law, the funds
appropriated in this item shall
be available for expenditure
during the 2008-09 fiscal year,
except appropriations for
acquisitions which shall be
available for expenditure until
June 30, 2011, appropriations
for working drawings which
shall be available for
expenditure until June 30,
2010, and appropriations for
construction which shall be
available for expenditure until
June 30, 2013. In addition, the
balance of the funds
appropriated for construction
that have not been allocated,
through fund transfer or
approval to bid, by the
Department of Finance on or
before June 30, 2011, shall
revert as of that date to the
fund from which the
appropriation was made.
SEC. 44. Item 6110-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-001-0001--For support of Department of
Education.................................... 42,307,000
Schedule:
(2) 20-Instructional
Support............... 174,201,000
(3) 30-Special Programs... 54,659,000
(4) 40-Executive
Management and
Special Services...... 9,801,000
(6) 42.01-Department
Management and
Special Services...... 33,345,000
(7) 42.02-Distributed
Department Management
and Special Services.. -33,345,000
(8) Reimbursements........ -19,511,000
(8.5) Unallocated Reduction. -5,121,000
(9) Amount payable from
Federal Trust Fund
(Item 6110-001-0890).. -171,015,000
(10) Amount payable from
Mental Health
Services Fund (Item
6110-001-3085)........ -707,000
Provisions:
1. 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.
2. 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 accordance with the
State Administrative
Manual and the rules and
regulations of the
California Victim
Compensation and
Government Claims Board.
3. The funds appropriated in this
item may not be expended for any
REACH program.
4. 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.
5. 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.
6. Of the funds appropriated in this
item, no less than $2,420,000 is
available for support of child
care services, including state
preschool.
7. Of the funds appropriated in this
item, $164,000 is provided solely
for the purpose of funding
existing positions from within the
State Department of Education to
provide the Curriculum Development
and Supplemental Materials
Commission with subject matter
specialists.
8. Of the funds appropriated in this
item, $200,000 is available for a
review of proposals submitted by
school districts that wish to
participate in the Mathematics and
Reading Professional Development
Program. The selection of the
reviewer shall be subject to the
approval of the State Board of
Education.
9. Of the funds appropriated in this
item, $939,000, as subsequently
adjusted for employee
compensation, 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 Division 4 of Title 2 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 Division 4 of Title 2
of the Education Code.
10. By October 31 of each year, the
State Department of Education
(SDE) shall provide to the
Department of Finance a file of
all charter school average daily
attendance (ADA) and state and
local revenue associated with
charter school general purpose
entitlements as part of the P2
Revenue Limit File. By March 1,
2008, the SDE 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.
11. On or before April 15, 2008, 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.
12. 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, March 31, and May 31
of each year regarding the amount
of Proposition 98 savings
estimated to be available for
reversion by June 30 of that year.
13. 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 Public Health.
14. 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.
15. 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.
16. Of the funds appropriated in this
item, $2,000,000 is provided on a
one-time basis for legal
representation from the office of
the Attorney General in litigation
related to the California High
School Exit Examination. The State
Department of Education (SDE)
shall provide a report to the
Department of Finance and the
Legislature detailing the
expenditures of these funds and
providing an update on any such
litigation on November 1, 2008,
and every four months thereafter,
with the final report due on June
30, 2009. The office of the
Attorney General shall provide the
SDE any information, including
budget and expenditure data,
necessary for the SDE to complete
its reports to the Department of
Finance and the Legislature.
(a) Of the funds in this
provision, up to $767,000
may be used for one-time
costs related to the
implementation of Chapter
751 of the Statutes of
2006.
17. Of the funds appropriated in this
item, $175,000 shall only be
available to support a $175,000
interagency agreement with the
California Career Resource Network
to provide continuing support for
the operations of that
organization.
18. Of the amount appropriated in this
item, $139,000 from reimbursement
funds may be expended for
administering the Education
Technology K-12 Voucher Program
pursuant to the Microsoft
settlement.
19. Of the funds appropriated in this
item, up to $1,011,000 is for
dispute resolution services,
including mediation and fair
hearing services, provided through
contract for special education
programs.
20. Of the reimbursement funds
appropriated in this item,
$422,000 shall be available to the
State Department of Education to
contract for assistance in
developing an approved listing of
food and beverage items that
comply with the nutrition
standards of Chapters 235 and 237
of the Statutes of 2005. In order
to fund the development and
maintenance of the approved
product listing, the State
Department of Education shall
collect a fee, as it deems
appropriate, from vendors seeking
to have their product reviewed for
potential placement on the
approved product listing.
Reimbursements collected in the
2008-09 fiscal year may be used to
offset costs incurred in the 2006-
07 and 2007-08 fiscal years.
23. Within 30 days after the enactment
of this act, the State Department
of Education (SDE) shall report to
the fiscal committees of the
Legislature and the Legislative
Analyst's Office regarding the
reductions in positions and
appropriations that were taken as
a result of the unallocated
reduction in this item. The report
from the SDE shall include
information regarding the
division, position description,
and position level of all position
reductions. The SDE also shall
identify the program supported by
each position reduction. For every
division experiencing a reduction,
the SDE shall provide data on the
total number of remaining
positions, by position level and
program supported. The SDE also
shall provide a list of the
divisions not experiencing any
reductions.
New SDE positions authorized by
this act shall be filled for the
purposes stated in this act and
shall not be used to offset the
unallocated reduction in this item.
24. Of the funds appropriated in
Schedule (2), up to $536,000 is
for transfer by the Controller to
the State Instructional Materials
Fund for allocation during the
2008-09 fiscal year pursuant to
Article 3 (commencing with Section
60240) of Chapter 2 of Part 33 of
Division 4 of Title 2 of the
Education Code.
These funds shall be transferred
in amounts claimed by the State
Department of Education (SDE), for
direct disbursement by the SDE
from the Instructional Materials
Fund.
25. Of the reimbursement funds
appropriated in Schedule (8),
$500,000 is for the support of
""Green'' California Partnership
Academies pursuant to legislation
enacted in the 2007-08 Regular
Session. These funds shall be
available for expenditure until
June 30, 2011.
SEC. 45. Item 6110-001-0890 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-001-0890--For support of Department of
Education, for payment to Item 6110-001-
0001, payable from the Federal Trust Fund... 171,015,000
Provisions:
1. The funds appropriated in this
item include federal Carl D.
Perkins Vocational and Technical
Education Act of 2006 funds
for the 2007-08 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 career
technical 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, $426,000 is available
for programs for homeless youth
and adults pursuant to the
federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec.
11431 et seq.). The State
Department of Education
shall consult with the
Department of Community Services
and Development, the State
Department of Mental Health, the
Department of Housing and
Community Development, and the
Commission for 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 4.0
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. (a) Of the funds appropriated
in this item, $11,779,000
is from the Child Care
and Development Block
Grant Fund and is
available for support of
child care services. Of
this amount, $1,547,000
is for 13.0 positions to
address compliance
monitoring and
overpayments, which may
contribute to early
detection of fraud. This
includes 7.0 new
positions in the 2008-09
fiscal year to audit all
federally subsidized
child care agencies
pursuant to new federal
regulations per Part 98
of Title 45 of the Code
of Federal Regulations.
The State Department of
Education (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.
(b) As a condition of
receiving the resources
specified in subdivision
(a), every alternative
payment agency and
subsidized general child
care agency will be
audited each year using
sufficient sampling of
provider records of the
following: (1) family fee
determinations, (2)
income eligibility, (3)
rate limits, and (4)
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 the Legislature no
later than April 15.
7. Of the funds appropriated in
this item, $1,066,000 shall be
used for administration of the
federal Enhancing Education
Through Technology Grant
Program. Of this amount:
(a) $150,000 is available
only for contracted
technical support and
evaluation services.
8. Of the funds appropriated in
this item, $9,206,000 is for
dispute resolution services,
including mediation and fair
hearing services, provided
through contract for the special
education programs. The State
Department of Education shall
ensure the quarterly reports
that the contractor submits on
the results of its dispute
resolution services include the
same information as required by
Provision 9 of Item 6110-001-
0890 of Chapters 47 and 48 of
the Statutes of 2006 and Section
56504.5 of the Education Code
and reflect year-to-date data
and final yearend data.
9. 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.
10. 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, 2008. 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.
11. Of the funds appropriated in
this item, $500,000 is for the
State Department of Education to
contract for annual evaluations
of Reading First program
effectiveness.
12. Of the amount appropriated in
this item, $832,000 ($600,000
reimbursements and $232,000
federal special education funds)
shall be used to fund 6.0
positions and implement the
provisions of Chapter 914 of the
Statutes of 2004 for increased
monitoring of nonpublic,
nonsectarian schools.
13. 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 mental health services
required by an individualized
education plan pursuant to
Chapter 493 of the Statutes of
2004.
14. Of the funds appropriated in
this item, $1,874,000 is
available on a one-time basis to
implement the Child Nutrition
Information and Payment System.
15. Of the funds appropriated in
this item, $2,506,000 shall be
used for the administration of
the 21st Century Community
Learning Centers Program.
16. Of the funds appropriated in
this item, $109,000 shall be
made available to the Office of
the Secretary for Education for
state operation costs associated
with federal and state
accountability activities.
17. Of the funds appropriated in
this item, $175,000 in federal
Carl D. Perkins Vocational and
Technical Education Act of 2006
funding shall only be available
to support a $175,000
interagency agreement with the
California Career Resource
Network to provide continuing
support for the operations of
that organization.
18. Of the amount appropriated in
this item, $100,000 is available
for an interagency agreement
with the California Career
Resource Network to develop
career resource materials and
information pursuant to
Provision 1 of Item 6330-001-
0001.
19. Of the funds appropriated in
this item, $1,244,000 is
available on a one-time basis
from federal Title II funds for
the State Department of
Education to extend 1.0 limited-
term position authorized in 2007
and fund 2.0 additional limited-
term positions through June 30,
2009, and other costs associated
with the development of the
California Longitudinal Teacher
Integrated Data Education System
(CALTIDES). Of this amount,
$398,000 is available for an
interagency agreement with the
Commission on Teacher
Credentialing to extend 2.5
limited-term positions through
June 30, 2009, and support other
costs associated with the
development of CALTIDES.
20. Of the funds appropriated in
this item, $945,000 of federal
Title II funds is for the
Compliance Monitoring,
Intervention, and Sanctions
(CMIS) Program. This program is
designed to help school
districts meet the highly
qualified teacher requirements
specified in the federal No
Child Left Behind Act of 2001
(20 U.S.C. Sec. 6301 et seq.).
By April 1, 2009, the State
Department of Education shall
submit a report on the CMIS
Program to the budget and policy
committees of the Legislature.
The report shall identify (a)
the number of school districts
that received CMIS support in
the 2008-09 fiscal year, and (b)
the major components of the
plans that those districts
developed to respond to the
federal highly qualified teacher
requirements. For each
participating district, the
report also shall provide
longitudinal data on the number
and percent of teachers who are
and are not highly qualified. At
a minimum, the 2008-09 report
shall include finalized data for
the 2007-08 fiscal year and
initial data for the 2008-09
fiscal year. The report shall
provide data separately for high-
and low-poverty schools. For
comparison, the report shall
provide the same longitudinal
data for the statewide average
of all school districts as well
as the average for school
districts not receiving CMIS
support.
21. The State Department of
Education shall submit an
independent evaluation of the
Statewide System of School
Support to the appropriate
fiscal and policy committees of
the Legislature, the Legislative
Analyst's Office, and the
Department of Finance no
later than April 1, 2009.
22. The following funds appropriated
in this item are for the
development of a comprehensive
strategy to address data
reporting requirements and the
development of the California
Longitudinal Pupil Achievement
Data System (CALPADS) to meet
the requirements of the federal
No Child Left Behind Act of 2001
(P.L. 107-110) and Chapter 1002
of the Statutes of 2002:
(a) $730,000 and 5.0
positions to support
state operations for a
comprehensive strategy to
address data reporting
requirements.
(b) $2,544,000 and 1.0
position to support state
operations related to the
development of CALPADS.
Up to $1,114,000 may be
used to support the
involvement of California
School Information
Services staff in the
development of CALPADS.
(c) $606,000 from the
Statewide Longitudinal
Data System Grant for use
in the development of
CALPADS.
(d) $115,000 and 1.0 position
to support workload
associated with
coordinating data
collection and sharing
for CALPADS and for the
federal Education Data
Exchange Network.
(e) $2,181,000 in one-time
funding for hardware
purchases, data center
services, and software
licensing to develop
CALPADS.
(f) $3,225,000 is reserved
for costs in the 2009-10
fiscal year associated
with the development of
CALPADS.
(g) Of the funds appropriated
in paragraphs (a) to (f),
inclusive, $4,913,000 is
provided in one-time
federal Title VI
carryover funds.
(h) Subject to an approved
special project report,
$5,336,000 in one-time
federal Title VI funds is
available for the
California Longitudinal
Pupil Achievement Data
System. Of this amount,
$5,111,000 is for vendor
contract costs and
$225,000 is for data
center costs.
23. Of the funds appropriated in
this item, $1,250,000 is to
develop and implement a
standardized, evidence-based
assessment, pursuant to
legislation, to allow eligible
pupils with disabilities to
demonstrate the competence
necessary to pass the California
High School Exit Examination.
24. Of the funds appropriated in
this item, $378,000 and 4.0
positions are provided to
support workload for federal
school improvement in accordance
with legislation enacted in the
2007-08 Regular Session related
to federal school improvement.
25. Of the funds appropriated in
this item, $385,000 is available
to the State Department of
Education on a one-time basis
for the cost of translating
state prototype documents into
languages other than English.
The department shall contract
with appropriate translators or
translator services to translate
these documents. The department
shall post all documents
translated pursuant to this
provision on its existing
Internet-based electronic
clearinghouse system of state
and locally translated
parental notification documents.
26. Of the funds appropriated in
this item, $600,000 is one-time
federal Title I Migrant
Education Program carryover
funds available to augment the
contract for a three-year
program evaluation to meet
federal Title I Migrant
Education Program requirements.
29. Of the funds appropriated in
this item, $285,000 is available
from the Child Care and
Development Block Grant Fund on
a one-time basis to develop a
request for proposals to seek a
solution for replacement of the
Provider Accounting and
Reporting Information System
(PARI$), and to contract for
project management and
oversight. The State
Department of Education (SDE)
shall require the vendor to
propose a cost-effective
solution in which interim
functions that are duplicative
of the Financial Information
System for California (FI$Cal)
will be decommissioned when
FI$Cal is fully implemented. The
SDE shall also require the
vendor to address any
modifications to the child care
contracting process that may be
implemented through legislation
enacted during the current
legislative session or through
regulations deemed necessary to
more fully utilize available
appropriations in the solution
to rewrite PARI$.
30. Of the funds appropriated in
this item, $308,000 is available
from Title II funds for an
interagency agreement with the
Commission on Teacher
Credentialing to support teacher
misassignment monitoring
activities.
31. Of the funds appropriated in
this item, $109,000 is provided
in federal Title III funds to
make permanent 1.0 existing
limited-term position to support
the English language learner
component of the Mathematics and
Reading Professional Development
Program.
32. Of the funds appropriated in
this item, $500,000 in one-time
federal Title III carryover
funds is available to augment an
evaluation of the English
Language Learner Acquisition and
Development Pilot Program as
previously authorized in
Provision 48 of Item 6110-001-
0890 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
Prior to the release of the
request for applications for the
evaluation required pursuant to
subdivision (h) of Section
420 of the Education Code, the
State Department of Education
shall consult with the
Department of Finance, the
Legislative Analyst's Office,
and the appropriate legislative
policy and fiscal staff to
discuss the scope of the
evaluation.
33. Of the funds appropriated in
this item, $1,600,000 in one-
time federal Title III carryover
funds is available during the
2008-09, 2009-10, and 2010-11
fiscal years to contract with a
county office of education or
institution of higher education
for specialized English language
learner instructional training
and technical assistance in
county court and Division of
Juvenile Justice schools. This
funding shall supplement, and
not supplant, English language
learner services.
34. Of the funds appropriated in
this item, $1,200,000 in one-
time federal Title III carryover
funds is set aside for Title III
state-level activities in the
2009-10 fiscal year.
35. Of the funds appropriated in
this item, $1,250,000 in one-
time federal special education
carryover funds is available
during the 2008-09, 2009-10, and
2010-11 fiscal years to contract
with a county office of
education or institution of
higher education for special
education instructional training
and technical assistance in
county court schools. This
funding shall supplement, and
not supplant, existing special
education services.
36. Of the funds appropriated in
this item, $334,000 is
available on a one-time basis to
fund the first year of a three-
year, independent evaluation as
set forth in legislation enacted
in the 2007-08 Regular Session
related to federal school
improvement.
SEC. 46. Item 6110-101-0349 of Section 2.00 of the Budget Act of
2008 is amended to read:
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
(CSIS) program, payable from the
Educational Telecommunication Fund.......... 9,125,000
Provisions:
1. Notwithstanding Section 10554 of
the Education Code, the Controller
shall transfer from the General
Fund the actual amount certified by
the Superintendent of Public
Instruction as reductions made to
apportionments in the 2007-08
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, $828,000 is to be provided to
non-CSIS participating school
districts for support of
maintenance of individual student
identifiers.
3. Of the amount appropriated in
this item, $7,900,000 is for
districts that have not previously
participated in CSIS or the CSIS
Best Practices Cohort project.
Funds shall be allocated pursuant
to Section 49084 of the Education
Code and consistent with the
existing CSIS Best Practices Cohort
Implementation Plan.
SEC. 47. Item 6110-103-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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...... 13,350,000
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
$5.06 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 of each year on the
amount of funds expended for,
and the hours of related and
supplemental instruction
offered in, the apprenticeship
program during the prior
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 prior and
current 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, 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
Division 1 of Title 1 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. An additional $6,227,000 in
expenditures for this item has
been deferred until the 2009-
10 fiscal year.
7. The funds appropriated in this
item reflect a reduction to
the base funding of 0.52
percent for a statewide
decline in average daily
attendance.
8. Of the amount appropriated in
this item, $0 is provided for
a cost-of-living adjustment.
SEC. 48. Item 6110-104-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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......... 330,672,000
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.. 200,234,000
(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. 48,365,000
(3) 10.10.011.010-
School
Apportionments, for
Supplemental
Instruction, Low
STAR-Grades 2-6 for
the purposes of
Section 37252.8 of
the Education Code.. 16,491,000
(4) 10.10.011.011-
School
Apportionments, for
Supplemental
Instruction, Core
Academic K-12 for
the purposes of
Section 37253 of
the Education Code.. 65,582,000
Provisions:
1. Notwithstanding any other
provision of law, for the fiscal
year, the Superintendent of
Public Instruction shall
allocate a minimum of $8,900 for
supplemental summer school
programs in each school district
for which the prior fiscal year
enrollment was less than 500 and
that, in the 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 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's or
charter school's enrollment
multiplied by 120 hours,
multiplied by the hourly rate
for the fiscal year.
3. Notwithstanding any other
provision of law, the rate of
reimbursement shall be $4.08 per
hour of supplemental instruction.
4. Notwithstanding any other
provision of law, if the funds
in this item are insufficient to
fund otherwise valid claims, the
Superintendent of Public
Instruction shall adjust the
rates to conform to available
funds.
5. Of the funds appropriated in
this item, $0 is provided for
the purpose of a cost-of-living
adjustment.
6. 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.
7. Notwithstanding any other
provision of law, an additional
$90,117,000 in expenditures for
this item has been deferred
until the following fiscal year.
8. Rates or hours shall be adjusted
in voluntary programs as
necessary to fully meet demand
in mandatory programs and remain
within the amount provided for
this purpose in the annual
Budget Act.
SEC. 49. Item 6110-105-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-105-0001--For local assistance,
Department of Education (Proposition 98),
Program 10.10-Instruction, 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 Division 4 of Title 2 of the
Education Code............................ 443,355,000
Schedule:
(1) 10.10.004-
Instruction Program-
- School
Apportionments,
Regional
Occupational
Centers and
Programs............ 450,672,000
(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 current 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 Division 4 of Title 2
of the Education Code.
2. 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.
3. 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
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.
4. Of the amount appropriated in
this item, $1,161,000 is to fund
remedial educational
services for participants in
welfare-to-work activities under
the CalWORKs program.
5. The funds appropriated in this
item reflect a reduction to the
base funding of 0.55 percent for
a statewide decline in 11th and
12th grade average daily
attendance. If growth funds are
insufficient, the State
Department of Education may
adjust the per-pupil growth
rates to conform to available
funds. Additionally, $0 is for
the purpose of providing a cost-
of-living adjustment.
6. An additional $39,630,000 in
expenditures for this item has
been deferred until the 2009-10
fiscal year.
SEC. 50. Item 6110-107-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-107-0001--For local assistance,
Department of Education (Proposition 98),
Program 10.10-County Offices of Education
Fiscal Oversight............................ 11,438,000
Schedule:
(1) 10.10.002-COE
Oversight............. 5,450,000
(2) 10.10.005-FCMAT....... 3,798,000
(3) 10.10.012-FCMAT: CSIS. 238,000
(4) 10.10.013-Audit
Appeal Panel.......... 53,000
(5) 10.10.015-Interim
Reporting............. 1,001,000
(6) 10.10.016-Staff
Development........... 1,140,000
(7) Amount payable from
the Educational
Telecommunication
Fund (Item 6110-107-
0349)................. -242,000
Provisions:
1. Funds appropriated in Schedule
(1) are for the purposes provided
in paragraph (1) of subdivision
(a) of Section 29 of Chapter 1213
of the Statutes of 1991.
2. Funds appropriated in Schedule
(1) may be used by county offices
of education for activities
including, but not limited to,
conducting reviews, examinations,
and audits of districts and
providing at least annual written
notifications regarding the
fiscal solvency of districts
under fiscal distress, pursuant
to Section 42127.6 of the
Education Code, or of districts
with disapproved budgets, or
qualified or negative
certifications. Written
notifications regarding review,
examination, and audit results
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. 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 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):
(a) $3,054,000 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
and to meet the costs of
participation under
Section 42127.8 of the
Education Code.
(b) $278,000 shall be
available to develop and
implement the activities
of regional teams of
fiscal experts to assist
districts in fiscal
distress.
(c) $466,000 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 educational
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
educational agencies and
the public.
5. Of the funds appropriated in
Schedule (3), $238,000 shall be
available to the Fiscal Crisis
and Management Assistance Team to
pay for project management
services for the California
School Information Services
(CSIS) program. These funds shall
be used to supplement and not
supplant other CSIS funds
available for project management
services.
6. Funds appropriated in Schedule
(4) are for the additional staff
and resources needed for the
Fiscal Crisis and Management
Assistance Team to ensure that
timely resolution of audit
findings is achieved pursuant to
the directives of Section 41344
of the Education Code.
7. Of the funds appropriated in
Schedule (5):
(a) $143,000 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.
(b) Up to $858,000 of the
funds may be used to
fully reimburse county
office of education
activities for
extraordinary costs of
audits, examinations, or
reviews of any school
district or charter
school in cases where
fraud, misappropriation
of funds, or other
illegal fiscal practices
require review by the
county offices of
education, pursuant to
Section 2 of Chapter 620
of the Statutes of 2001
and Section 1 of Chapter
357 of the Statutes of
2005. 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 the Fiscal Crisis and
Management Assistance
Team 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) shall remain
available for expenditure for the
2008-09 and 2009-10 fiscal years.
Any unexpended balance as of
September 1, 2009, shall be
available until July 30, 2010,
for the following, in order of
descending priority:
(a) Any review or audit
jointly requested by the
State Department of
Education and the
Department of Finance, to
be conducted by a county
superintendent of
schools in cases where
fraud, misappropriation
of funds, or other
illegal fiscal practices
are suspected.
(b) Staff development
pursuant to Provision 10.
(c) Regional assistance teams
developed pursuant to
Provision 4(b).
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 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 joint
committee, or his or her
designee, may in each instance
determine.
10. Of the funds appropriated in
Schedule (6):
(a) $813,000 is for the
purpose of providing
staff development to
local educational agency
school finance and
business personnel, as
provided in Section
42127.8 of the Education
Code. 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 the Fiscal Crisis
and Management Assistance
Team's responsibilities
with respect to these
funds.
(b) $327,000 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.
11. Notwithstanding any other
provision of law, funds
appropriated in Schedules (1),
(2), (4), (5), and (6) to a
county office of education
selected pursuant to subdivision
(a) of Section 42127.8 of the
Education Code to oversee the
Fiscal Crisis and Management
Assistance Team responsibilities
shall be allocated by the
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 educational 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
State Department of Education and
to the Department of Finance by
October 1 of each year.
SEC. 51. Item 6110-108-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-108-0001--For local assistance,
Department of Education (Proposition 98),
Program 20-Instructional Support, the
Supplemental School Counseling Program,
established pursuant to Article 4.5
(commencing with Section 52378) of Chapter
9 of Part 28 of Division 4 of Title 2 of
the Education Code......................... 209,060,000
Provisions:
1. Of the funds appropriated in
this item, $0 is provided for
the purpose of a cost-of-
living adjustment.
SEC. 52. Item 6110-111-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-111-0001--For local assistance,
Department of Education (Proposition 98),
Program 10-Instruction, 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
Division 3 of Title 2 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 Division 3 of
Title 2 of the Education Code............. 566,131,000
Schedule:
(1) 10.10.006-Pupil
Transportation...... 560,045,000
(2) 10.10.008-Small
School District Bus
Replacement......... 6,086,000
Provisions:
1. Of the funds appropriated in
this item, $0 is for the purpose
of providing a cost-of-living
adjustment.
2. An additional $52,583,000 in
expenditures for this item has
been deferred until the 2009-10
fiscal year.
3. Notwithstanding any other
provision of law, of the funds
appropriated in this item and
the funds deferred for this
program as reflected in
Provision 2, an amount equal to
the amount of reimbursement to
the General Fund pursuant to
Section 24.85 shall be used to
provide mass transportation
services for pupils enrolled in
school districts that receive
these funds.
SEC. 53. Item 6110-119-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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 18,891,00
Education Code .............................. 0
Provisions:
1. Of the funds appropriated in
this item, $0 is provided
for the purpose of a cost-of-
living adjustment.
2. The funds appropriated in this
item reflect a reduction to the
base funding of 0.52 percent
for a statewide decline in
average daily attendance.
SEC. 54. Item 6110-122-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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 Division 4 of Title 2 of the Education
Code........................................ 6,122,000
Provisions:
1. Of the funds appropriated in this
item, $1,500,000 shall be allocated
to Specialized Secondary Programs
established prior to the 1991-92
fiscal year that operate in
conjunction with the California
State University.
2. The funds appropriated in this item
reflect a reduction to the base
funding of 0.52 percent for a
statewide decline in average daily
attendance.
3. Of the amount appropriated in this
item, $0 is provided for a cost-of-
living adjustment.
SEC. 55. Item 6110-123-0890 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-123-0890--For local assistance,
Department of Education, Program
20.60.030.035-Innovative Programs, Title V-
ESEA, payable from the Federal Trust Fund... 6,000,000
Provisions:
1. The funds appropriated in this item
are one-time funds for local
educational agencies to
implement existing innovative
programs pursuant to Section 5131
of Title V of Part A of the federal
No Child Left Behind Act of 2001
(20 U.S.C. Sec. 6301 et seq.). No
funding shall be provided to any
new programs and no commitments
shall be made beyond September 30,
2009.
SEC. 56. Item 6110-124-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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 Division 4 of
Title 2 of the Education Code.............. 51,051,000
Provisions:
1. An additional $4,294,000 in
expenditures for this purpose
has been deferred to the 2009-
10 fiscal year.
2. Of the funds appropriated in
this item, $0 is for the
purpose of providing a cost-of-
living adjustment.
3. The funds appropriated in this
item reflect a reduction to
the base funding of 0.52
percent for a statewide
decline in average daily
attendance.
SEC. 57. Item 6110-125-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-125-0001--For local assistance,
Department of Education (Proposition 98)...... 63,263,000
Schedule:
(1) 10.40.030.004-Refugee
Children School Grant
Program................ 1,649,000
(2) 20.10.006-English
Language Acquisition
Program, pursuant to
Chapter 4 (commencing
with Section 400) of
Part 1 of Division 1
of Title 1 of the
Education Code......... 63,263,000
(3) Reimbursements......... -1,649,000
Provisions:
1. Of the funds appropriated in this
item, $0 is provided for the
purpose of a cost-of-living
adjustment.
2. The funds appropriated in this item
reflect a reduction to the base
funding of 0.52 percent for a
statewide decline in average daily
attendance.
SEC. 58. Item 6110-126-0890 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-126-0890--For local assistance,
Department of Education, Program 20.60.290-
Instructional Support, Title I, Part B of
the federal Elementary and Secondary
Education Act (Reading First program),
payable from the Federal Trust Fund........ 57,433,000
Provisions:
1. The funds appropriated in
this item are for Reading
First programs pursuant to
Article 1 (commencing with
Section 51700) of Chapter 5 of
Part 28 of Division 4 of Title
2 of the Education Code. It is
the intent of the Legislature
that all participating school
districts receive funding at
the rates established in
paragraph (3) of subdivision
(c) of Section 51700 of the
Education Code for six years.
A participating school
district shall not receive
funding from this item for
more than six years.
2. Of the funds appropriated in
this item, $3,658,000 shall be
available for Reading First's
statewide and regional
infrastructure, including its
six regional technical
assistance centers.
3. By May 1, 2009, the State
Department of Education shall
provide the Legislature with
all of the following: (a) the
number of school districts
receiving grants, (b) the
number of K-3 teachers funded,
(c) the number of K-12 special
education teachers served, and
(d) the average per-teacher
grant amount.
4. By May 1, 2009, the State
Department of Education 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 to 2006-07,
inclusive, 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 Division 4 of
Title 2 of the Education Code.
SEC. 59. Item 6110-128-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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 pursuant to Article 2
(commencing with Section 54020) of Chapter
1 of Part 29 of Division 4 of Title 2 of
the Education Code......................... 994,279,000
Provisions:
1. Of the funds appropriated in
this item, $0 is provided for
the purpose of a cost-of-
living adjustment.
SEC. 60. Item 6110-130-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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.
SEC. 61. Item 6110-134-0890 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-134-0890--For local assistance,
Department of Education, payable from
the Federal Trust Fund................... 1,820,750,000
Schedule:
(1) 10.30.006-Statewide
System of School
Support............. 10,000,000
(7) 10.30.009-Title I,
Corrective Action-
-Local Educational
Agencies............ 101,872,000
(8) 10.30.004-School
Improvement Grants,
Corrective Action... 78,082,000
(9) 10.30.060-Title I- 1,630,796,00
-ESEA............... 0
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 of 1999, as established by
Chapter 6.1 (commencing with
Section 52050) of Part 28 of
Division 4 of Title 2 of the
Education Code, so that
duplication of effort is
minimized at the local level.
2. The funds appropriated in
Schedule (1) shall be available
for the purposes established by
Article 4.2 (commencing with
Section 52059) of Chapter 6.1 of
Part 28 of Division 4 of Title 2
of the Education Code.
4. The State Department of
Education shall provide to the
Legislature, the Legislative
Analyst's Office, and the
Department of Finance, a letter
by April 15, 2009, reporting
expenditures and anticipated
savings for each schedule, based
on available information.
6. The funds appropriated in
Schedules (7) and (8) shall be
available for meeting
requirements specified in the
federal No Child Left Behind Act
of 2001 (20 U.S.C. Sec. 6301 et
seq.) for local educational
agencies that enter corrective
action. The funds shall be
programmed pursuant to
legislation enacted in the 2007-
08 Regular Session related to
federal school improvement.
11. Of the funds appropriated in
Schedule (7), $47,000,000 is
provided in one-time carryover
funds.
12. Of the funds appropriated in
Schedule (8), $16,620,000 is
provided in one-time carryover
funds.
13. Of the funds appropriated in
Schedules (7) and (8), the State
Department of Education shall,
no later than September 15,
2008, issue grant awards
totaling $25,000,000 to local
educational agencies identified
for corrective action. The
grants shall be awarded to local
educational agencies consistent
with legislation enacted in the
2007-08 Regular Session related
to federal school improvement.
Local educational agencies shall
have until November 1, 2008, to
apply for the remainder of their
grant.
14. Of the funds appropriated in
Schedule (9), $19,252,000 is
provided in one-time carryover
funds to support the existing
program.
15. 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 claims for
district assistance and
intervention teams and other
technical assistance providers.
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.
SEC. 62. Item 6110-135-0890 of Section 2.00 of the Budget Act of
2008 is repealed.
SEC. 63. Item 6110-136-0890 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-136-0890--For local assistance,
Department of Education, Program 10.30-
Instruction, payable from the Federal Trust
Fund.......................................... 17,023,000
Schedule:
(2) 10.30.065-McKinney-
Vento Homeless
Children Education..... 8,526,000
(4) 10.30.030-Title I-Even
Start Program.......... 8,497,000
Provisions:
2. Of the funds appropriated in
Schedule (2), $1,333,000 is
provided in one-time carryover
funds to support the existing
program.
3. Of the funds appropriated in
Schedule (4), $1,500,000 is
provided in one-time carryover
funds to support the existing
program.
SEC. 64. Item 6110-140-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-140-0001--For local assistance,
Department of Education (Proposition 98),
Program 20-Instructional Support............. 0
Schedule:
(1) 20.80.001-Student Friendly
Services................... 500,000
(2) 20.90.001.020-California
School Information
Services Administration.... 4,444,000
(3) 20.90.001.030-California
School Information
Services Administration
Independent Project
Oversight.................. 150,000
(4) Amount payable from the
Educational
Telecommunication Fund -
(Item 6110-140-0349)....... 5,094,000
Provisions:
1. The Superintendent of Public
Instruction shall allocate the funds
appropriated in Schedule (1) for the
Student Friendly Services program.
2. The funds appropriated in Schedule
(2) shall be for allocation to the
Fiscal Crisis and Management
Assistance Team for costs associated
with administration of the
California School Information
Services 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: (a) CSIS
capacity for additional district
cohorts, (b) readiness of self-
identified districts for
participation in new CSIS cohorts,
(c) CSIS operations budget, and (d)
CSIS readiness to implement
additional phases of state reporting
and records transfer.
4. Of the funds appropriated in
Schedule (2), $545,000 is available
on a three-year limited-term basis
to support positions and
administrative costs associated with
the implementation plan developed
pursuant to Provision 5 of Item 6110-
101-0349 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
5. The State Department of Education
and CSIS shall jointly report by
October 1, 2008, to the Department
of Finance, the Legislative
Analyst's Office, and the budget
committees of the Legislature on the
workload activities performed by
each entity to prepare for the
implementation of CALPADS.
SEC. 65. Item 6110-150-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-150-0001--For local assistance,
Department of Education (Proposition 98),
for transfer to Section A of the State
School Fund, Program 10.30.051-American
Indian Early Childhood Education Program
established pursuant to Chapter 6.5
(commencing with Section 52060) of Part 28
of Division 4 of Title 2 of the Education
Code........................................ 662,000
Provisions:
1. Of the funds appropriated in this
item, $0 is provided for the
purpose of a cost-of-living
adjustment.
SEC. 66. Item 6110-151-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-151-0001--For support of the
Department of Education (Proposition 98),
Program 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.......................... 4,540,000
Provisions:
1. Of the funds appropriated in this
item, $0 is provided for the
purpose of a cost-of-living
adjustment.
SEC. 67. Item 6110-156-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-156-0001--For local assistance,
Department of Education (Proposition 98),
Program 10.50.010-Instruction, 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......... 726,664,000
Schedule:
(1) 10.50.010.001-Adult
Education............. 726,664,000
(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 (P.L. 104-193). 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) 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 educational 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 the
average daily attendance of
adult education and regional
occupational centers and
programs (ROC/Ps) 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
State Department of
Social Services
pursuant to Provision
2.
(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.
(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 Item
6110-105-0001 or pursuant to
Section 1.80, and shall
comply with the program
requirements for adult
education pursuant to
Chapter 10 (commencing with
Section 52500) of Part 28 of
Division 4 of Title 2 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 Division 4 of
Title 2 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 office of the State
Chief Information Officer
and Legislative Analyst's
Office in determining the
specific data elements of
the system and shall meet
all information technology
reporting requirements of
the State Chief Information
Officer.
(h) As a condition of receiving
funds provided in Schedule
(2) 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 item 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, 2008, to
June 30, 2009, inclusive.
5. Of the funds appropriated in this
item, $18,843,000 is provided for
increases in average daily
attendance. If growth funds are
insufficient, the State Department
of Education may adjust the per-
pupil growth rates to conform to
available funds. Additionally, $0
is for the purpose of providing a
cost-of-living adjustment.
6. An additional $45,896,000 in
expenditures for this item has
been deferred until the 2009-10
fiscal year.
SEC. 68. Item 6110-158-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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.................................... 18,215,000
Provisions:
1. Notwithstanding Section 41841.5
of the Education Code, or any
other provision of law, all of
the following shall apply:
(a) 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.
(b) The amount appropriated
in this item shall be
allocated based upon
prior year rather than
current year
expenditures.
(c) Funding distributed to
each local educational
agency (LEA) for
reimbursement of services
provided in the prior
fiscal year for the
Adults in Correctional
Facilities Program shall
be limited to the amount
received by the agency
for services provided in
the 2006-07 fiscal year.
Funding shall be reduced
or eliminated, as
appropriate, for any LEA
that reduces or
eliminates services
provided under this
program in the prior
fiscal year, as compared
to the level of services
provided in the 2006-07
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.
(d) Funding appropriated in
this item for growth in
average daily attendance
(ADA) first shall be
allocated to programs
that are funded for 20
units or less of ADA, up
to a maximum of 20
additional units of ADA
per program.
2. $444,000 is provided for
increases in average daily
attendance. If growth funds are
insufficient, the State
Department of Education may
adjust the per-pupil growth rates
to conform to available funds.
Additionally, $0 is for the
purpose of providing a cost-of-
living adjustment.
SEC. 69. Item 6110-161-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-161-0001--For local assistance,
Department of Education (Proposition
98), Program 10.60-Special Education
Programs for Exceptional Children........ 3,116,298,000
Schedule:
(1) 10.60.050.003-
Special education 3,046,014,00
instruction......... 0
(2) 10.60.050.080-Early
Education Program
for Individuals
with Exceptional
Needs............... 84,679,000
(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
2008-09 fiscal year pursuant to
Sections 14002 and 41301 of the
Education Code, for
apportionment pursuant to Part
30 (commencing with Section
56000) of Division 4 of Title 2
of the Education Code,
superseding all prior law.
2. Of the funds appropriated in
Schedule (1), up to $13,206,000,
plus any cost-of-living
adjustment, 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), up to $10,080,000,
plus any cost-of-living
adjustment, 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 Division 4 of Title 2
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), up to $5,258,000,
plus any cost-of-living
adjustment (COLA), shall be
available for regional
occupational centers and
programs that serve pupils
having disabilities ; up to
$87,617,000, plus any COLA,
shall be available for
regionalized program specialist
services ; and up to $2,573,000,
plus any COLA, shall be
available 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), up to $3,000,000
is provided for extraordinary
costs associated with single
placements in nonpublic,
nonsectarian schools, pursuant
to Section 56836.21 of the
Education Code. Pursuant to
legislation, these funds shall
also provide reimbursement for
costs associated with pupils
residing in licensed children's
institutes.
6. Of the funds appropriated in
Schedule (1), up to
$205,213,000, plus any cost-of-
living adjustment (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. Funds available for infant units
shall be allocated 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
2008-09 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
Division 4 of Title 2 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.
9. Notwithstanding any other
provision of law, state funds
appropriated in Schedule (2) in
excess of the amount necessary
to fund the deficited
entitlements pursuant to Section
56432 of the Education Code and
Provision 10 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 special education local
plan areas, 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 2008-09 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), up to $188,000,
plus any cost-of-living
adjustment, shall be available
to fully fund the declining
enrollment of necessary small
special education local plan
areas 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), up to $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), up to $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), 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 (20
U.S.C. Sec. 1400 et seq.).
17. Of the funds appropriated in
Schedule (1), up to $200,000
shall be used for research and
training in cross-cultural
assessments.
18. Of the amount specified in
Schedule (1), up to $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 Improvement Act of
2004 (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), $0 is provided for
cost-of-living adjustments.
20. Of the amount provided in
Schedule (2), $0 is provided for
cost-of-living adjustments.
21. Of the amount appropriated in
this item, up to $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, 2009, 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.
22. Of the funds appropriated in
this item, up to $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 federal
Individuals with Disabilities
Education Improvement Act of
2004 (20 U.S.C. Sec. 1400 et
seq.), and Section 2122 of the
federal Elementary and Secondary
Education Act of 1965 (20 U.S.C.
Sec. 6301 et seq.). 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.
23. Notwithstanding any other
provision of law, state funds
appropriated in Schedule (1) in
excess of the amount necessary
to fund the defined entitlement
shall be to fulfill other
shortages in entitlements
budgeted in this schedule by the
State Department of Education,
upon Department of Finance
approval, to any program funded
under Schedule (1).
24. The funds appropriated in this
item reflect a reduction to the
base funding of 0.52 percent for
a statewide decline in average
daily attendance.
25. Of the funds appropriated in
Schedule (1), the amount
resulting from increases in
federal funds reflected in the
calculation performed in
paragraph (1) of subdivision (c)
of Section 56836.08 of the
Education Code shall be
allocated based on an equal
amount per average daily
attendance and added to each
special education local plan
area's base funding, consistent
with paragraphs (1) to (4),
inclusive, of subdivision (b) of
Section 56836.158 of the
Education Code. This amount may
be up to $19,000,000 less
adjustments for state operations
and preschool. When the final
amount is determined, the State
Department of Education shall
provide this information to the
Department of Finance and the
budget committees of each house
of the Legislature.
SEC. 70. Item 6110-167-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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 Career
Technical Education Incentive Program
established pursuant to Article 7.5
(commencing with Section 52460) of Chapter 9
of Part 28 of Division 4 of Title 2 of the
Education Code................................ 5,174,000
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 Career Technical
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. This
provision does not 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. The funds appropriated in this item
reflect a reduction to the base
funding of 0.52 percent for a
statewide decline in average daily
attendance.
3. Of the amount appropriated in this
item, $0 is provided for a cost-of-
living adjustment.
SEC. 71. Item 6110-181-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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 of Division 4 and
Chapter 3.34 (commencing with Section
44730) of Part 25 of Division 3 of Title 2
of the Education Code...................... 17,611,000
Provisions:
1. Of the funds appropriated in
this item, $0 is for the
purpose of a cost-of-living
adjustment.
2. The funds appropriated in this
item reflect a reduction to
the base funding of 0.52
percent for a statewide
decline in average daily
attendance.
3. As a part of the support
system authorized by paragraph
(5) of subdivision (a) of
Section 51871 of the Education
Code, the California
Technology Assistance Project
regional consortia shall
assist school districts in
using pupil achievement data
to inform instruction and
improve pupil learning.
The regional consortia shall
also support the
identification and
dissemination of best
practices in the area of data-
driven instructional
improvement.
SEC. 72. Item 6110-189-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-189-0001--For local assistance,
Department of Education (Proposition 98),
Program 20.20.020.005-Instructional
Support, 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
(Instructional Materials Block Grant)...... 417,591,000
Provisions:
1. The funds in this item shall
be allocated to school
districts to purchase
standards-aligned
instructional materials.
2. Of the funds appropriated in
this item, $0 is provided for
the purpose of a cost-of-
living adjustment.
3. The funds appropriated in this
item reflect a reduction to
the base funding of 0.52
percent for a statewide
decline in average daily
attendance.
SEC. 73. Item 6110-190-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-190-0001--For local assistance,
Department of Education (Proposition 98),
for transfer to Section A of the State
School Fund, Program 10.10.021-School
Apportionments, Community Day Schools
established pursuant to Article 3
(commencing with Section 48660) of Chapter
4 of Part 27 of Division 4 of Title 2 of
the Education Code......................... 47,248,000
Provisions:
1. Funds appropriated in this
item shall not be available
for the purposes of Section
41972 of the Education Code.
2. Of the funds appropriated in
this item, $0 is for the
purpose of providing a cost-of-
living adjustment.
3. An additional $4,751,000 in
expenditures for this item has
been deferred until the 2009-
10 fiscal year.
SEC. 74. Item 6110-193-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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......... 32,484,000
Schedule:
(1) 20.60.070-
Instructional Support:
Bilingual Teacher
Training Assistance
Program................ 2,138,000
(2) 20.60.060-
Instructional Support:
Teacher Peer Review.... 29,944,000
(3) 20.60.110-
Instructional Support:
Improving School
Effectiveness-Reader
Services for Blind
Teachers............... 402,000
Provisions:
1. 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. Of the funds appropriated in
Schedule (1), $0 is for the purpose
of providing a cost-of-living
adjustment.
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.
If the funds are insufficient to
fully fund growth in this program,
the State Department of Education
may adjust the per-participant rate
to conform to available funds.
Funds appropriated in Schedule (2)
include $0 for the purpose of
providing a cost-of-living
adjustment.
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 Program, 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), $0 is for the purpose
of providing a cost-of-living
adjustment.
6. The funds appropriated in this item
reflect a reduction to the base
funding of 0.52 percent for a
statewide decline in average daily
attendance.
SEC. 75. Item 6110-196-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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...................... 1,772,364,000
Schedule:
(1) 30.10.010-Special
Program, Child
Development, Preschool 441,854,
Education................. 000
(1.5 30.10.020-Child Care 1,857,10
) Services.................. 4,000
(a) 30.10.020.
001-
Special
Program,
Child
Developmen
t,
General
Child
Developmen
t 804,649,00
Programs.. 0
(c) 30.10.020.
004-
Special
Program,
Child
Developmen
t,
Migrant
Day Care.. 40,570,000
(d) 30.10.020.
007-
Special
Program,
Child
Developmen
t,
Alternativ
e Payment 257,037,00
Program... 0
(e) 30.10.020.
011-
Special
Program,
Child
Developmen
t,
Alternativ
e Payment
Program-- 369,960,00
Stage 2... 0
(f) 30.10.020.
012-
Special
Program,
Child
Developmen
t,
Alternativ
e Payment
Program--
Stage 3 245,204,00
Setaside.. 0
(g) 30.10.020.
008-
Special
Program,
Child
Developmen
t,
Resource
and
Referral.. 19,438,000
(i) 30.10.020.
015-
Special
Program,
Child
Developmen
t,
Extended
Day Care.. 35,890,000
(j) 30.10.020.
096-
Special
Program,
Child
Developmen
t,
Allowance
for
Handicappe
d......... 1,997,000
(k) 30.10.020.
106-
Special
Program,
Child
Developmen
t,
California
Child
Care
Initiative
.......... 250,000
(l) 30.10.020.
901-
Special
Program,
Child
Developmen
t,
Quality
Improvemen
t......... 67,572,000
(m) 30.10.020.
911-
Special
Program,
Child
Developmen
t,
Centralize
d
Eligibilit
y List.... 7,900,000
(n) 30.10.020.
920-
Special
Program,
Child
Developmen
t, Local
Planning
Councils.. 6,637,000
(3) 30.10.020.908-Special
Program, Child
Development, Cost-of-
Living Adjustments........ 0
(4) 30.10.020.909-Special
Program, Child
Development, Growth 10,917,0
Adjustments............... 00
(5) Amount payable from the
Federal Trust Fund (Item -537,511
6110-196-0890)............ ,000
Provisions:
1. Notwithstanding Section 8278 of
the Education Code, funds
available for expenditure pursuant
to that section shall be expended
in the current 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) $22,963,000 shall be
available for CalWORKs Stage
3 child care.
(c) The Controller shall
establish an account entitled
""Section 8278 Expenditures
in 2007'' in Item 6110-196-
0001, Program 30.10.060. Any
unexpended General Fund
balances as of June 30, 2008,
or subsequent abatements,
from those amounts listed in
Schedules (1), (1.5)(a),
(1.5)(c), (1.5)(d), (1.5)(g),
(1.5)(i), (1.5)(j), (1.5)(k),
(1.5)(l), and (1.5)(n), 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. When approved
pursuant to Section 8447 of
the Education Code, any
changes to the market rate
limits, adjustment factors,
or regions shall be utilized
by the State Department of
Education and the State
Department of Social Services
in various programs under the
jurisdiction of either
department.
(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 Division 1 of
Title 1 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
effective March 1, 2009,
based on the 2007 Regional
Market Rate Survey data. The
State Department of Education
shall cause to be developed
rate limits at the 85th
percentile, based on the 2007
survey data, and submit for
approval in accordance with
law to the Department of
Finance no later than October
1, 2008, to enable the rate
limits to be reviewed and
then implemented by March 1,
2009. The State Department of
Education may redirect
funding from funds normally
reserved for new surveys to
achieve this goal, as
necessary.
3. Of the amount appropriated in
Schedule (1), $50,000,000 is
available for Prekindergarten and
Family Literacy preschool
programs pursuant to Chapter 211
of the Statutes of 2006. Of the
amount appropriated in Schedule
(1), $5,000,000 is available for
the provision of wraparound care
to children enrolled in state
preschool programs. The
Superintendent of Public
Instruction shall assign priority
for these funds to children
enrolled in prekindergarten and
family literacy programs
authorized by Section 8238.4 of
the Education Code.
4. Funds in Schedule (1.5)(l) shall
be reserved for activities to
improve the quality and
availability of child care,
pursuant to the following:
(a) $2,014,056 is for the
schoolage care and resource
and referral earmark.
(b) $11,359,176 is for the infant
and toddler earmark and shall
be used for increasing the
supply of quality child care
for infants and toddlers.
(c) $7,237,000 in one-time
federal funding is available
for use in the 2008-09 fiscal
year. Of that amount,
$200,000 shall be used for
Trustline registration
workload (Chapter 3.35
(commencing with Section
1596.60) of Division 2 of the
Health and Safety Code). The
remaining funds shall be used
for child care and
development quality
expenditures identified by
the State Department of
Education (SDE) and approved
by the Department of
Finance.
(d) From the remaining funds in
Schedule (1.5)(l), 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 State Department of
Social Services (DSS) for
increased inspections of
child care facilities,
$1,000,000 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, $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, or
construction of child care
facilities.
(e) When developing the 2008-09
expenditure plan for proposed
state and local activities to
improve child care, the SDE
shall follow these three
principles: (1) preserve
funding for activities that
provide direct services and
supports to families, (2)
preserve funding for
activities that provide
direct services and supports
to child care providers and
teachers, and (3) comply with
federal mandates, including
quality earmarks and set-
asides.
5. Of the amount appropriated in
Schedule (1.5)(l), $15,000,000
shall be for child care worker
recruitment and retention programs
pursuant to Section 8279.7 of the
Education Code, and $320,000 shall
be for the Child Development
Training Consortium.
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
State Department of Social
Services (DSS).
(b) The SDE shall provide
quarterly information
regarding 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.
(d) By September 30 and March 30
of each year, 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 next two fiscal
years as well as local
attrition experience. DSS
shall utilize data provided
by the SDE, including key
variables from the prior
fiscal year and the first two
months of the current fiscal
year, to provide coordinated
estimates in November of each
year for each of the three
stages of care for
preparation of the Governor's
Budget, and shall utilize
data from at least the first
two quarters of the current
fiscal year, and any
additional monthly data as
they become available for
preparation of the May
Revision. The DSS shall share
its assumptions and
methodology with the SDE in
the preparation of the
Governor's Budget.
(e) The SDE shall coordinate with
the DSS to identify annual
general subsidized child care
program expenditures for
Temporary Assistance for
Needy Families-eligible
children. The SDE shall
modify existing reporting
forms as necessary to capture
this data.
(f) 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 Section 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.
8. 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.
9. (a) Notwithstanding any other
provision of law, the income
eligibility limits pursuant
to Section 8263.1 of the
Education Code that were
applicable to the 2007-08
fiscal year shall remain in
effect for the 2008-09 fiscal
year.
(b) Notwithstanding any other
provision of law, the State
Department of Education (SDE)
shall update the 2006-07
family fee schedule by family
size for use in the 2008-09
fiscal year based on the
state median income at the
level at which it has been
determined for the 2007-08
fiscal year for a family of
four, in accordance with law.
The SDE shall ensure fees are
not charged to families with
incomes lower than 40
percent of state median
income.
10. Of the amounts provided in this
item, $0 is available to provide a
cost-of-living adjustment for
Schedules (1), (1.5)(a), (1.5)(c),
(1.5)(d), (1.5)(g), (1.5)(i),
(1.5)(j), and (1.5)(n). The
maximum standard reimbursement
rate shall not exceed $34.38 per
day for general child care
programs and $21.22 per day for
state preschool programs.
Furthermore, the migrant child
care and 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.
11. Of the amounts provided in
this item, $10,917,000 is
available to provide a growth
adjustment for Schedules (1),
(1.5)(a), (1.5)(c), (1.5)(d),
(1.5)(i), and (1.5)(j).
12. (a) Notwithstanding any other
provision of law, the 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 of each
year, 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 of implementation and
operation of the eligibility
lists in each county, and
number of children and
families on the list for each
county.
13. Notwithstanding Section 8278.3 of
the Education Code or any other
provision of law, up to $5,000,000
of the Child Care Facilities
Revolving Fund balance may be
allocated for use on a one-time
basis for renovations and repairs
to meet health and safety
standards, to comply with the
federal Americans with
Disabilities Act of 1990 (42
U.S.C. Sec. 12101 et seq.), and to
perform emergency repairs, that
were the result of an unforeseen
event and are necessary to
maintain continued normal
operation of the child care and
development program. These funds
shall be made available to school
districts and contracting agencies
that provide subsidized center-
based services pursuant to the
Child Care and Development
Services Act (Chapter 2
(commencing with Section 8200) of
Part 6 of Division 1 of Title 1 of
the Education Code).
14. It is the intent of the
Legislature to fully fund the
third stage of child care for
former CalWORKs recipients.
SEC. 76. Item 6110-198-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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....................................... 58,091,000
Schedule:
(1) 20.60.220-Cal-SAFE
Academic and
Supportive Services.... 19,863,550
(2) 20.60.221-All Services
for Non-converting
Pregnant Minors
Programs............... 13,369,750
(3) 30.10.020-Cal-SAFE
Child Care............. 24,857,700
Provisions:
2. The amounts appropriated in
Schedules (1), (2), and (3) are
based on estimates of the amounts
required by existing programs for
operation of Cal-SAFE programs in
the current year. By October 31 of
each year, the State Department of
Education (SDE) shall submit to the
Department of Finance current
expenditure data for both the prior
fiscal year and the current year
showing each agency's allocation
and supporting detail including
average daily attendance and child
care attendance and enrollment
data. The SDE shall also provide
estimates of average daily
attendance and child care to be
provided in the budget year.
3. Funds appropriated in Schedule (2)
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 Cal-SAFE revenue
limit must provide child care
within the revenue limit
funding for children of pupils
comprising base year average daily
attendance.
4. Of the funds appropriated in this
item, $0 is for the purpose of
providing a cost-of-living
adjustment.
5. The funds appropriated in this item
reflect a reduction to the base
funding of 0.52 percent for a
statewide decline in average daily
attendance.
6. Notwithstanding Section 26.00, the
State Department of Education may
transfer expenditure authority
between Schedule (1) Cal-SAFE
Academic and Supportive
Services and Schedule (2) All
Services for Nonconverting Pregnant
Minors Programs, to accurately
reflect expenditures in these
programs, upon approval of the
Department of Finance and
notification of the Legislature.
7. In the event that funding in this
item is insufficient to serve all
eligible pupils, the State
Department of Education shall
prorate the amounts in Schedules
(1) and (2).
SEC. 77. Item 6110-201-0890 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-201-0890--For local assistance,
Department of Education, Program 30.20-
Child Nutrition, payable from the Federal
Trust Fund................................ 1,756,657,000
Schedule:
(1) 30.20.010-Child 1,724,207,00
Nutrition Programs.. 0
(2) 30.20.040-Summer
Food Service
Program............. 32,450,000
Provisions:
1. Of the amount appropriated in
Schedule (1), $2,755,000 is
provided from one-time federal
funds for Fresh Fruit and
Vegetable Program grants to
local educational agencies.
SEC. 78. Item 6110-202-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-202-0001--For local assistance,
Department of Education, Program 30.20.010-
Child Nutrition Programs................... 11,742,000
Provisions:
1. Funds appropriated 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, 2009, to be
eligible for reimbursement.
2. Funds appropriated 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, $0 is for the
purpose of providing a cost-of-
living adjustment.
SEC. 79. Item 6110-203-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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.... 125,685,000
Schedule:
(1) 30.20.010-Child
Nutrition Programs.. 126,027,000
(2) Reimbursements...... -342,000
Provisions:
1. Funds appropriated in
Schedule (1) 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, 2009, to
be eligible for reimbursement.
2. Funds designated for child
nutrition programs in Schedule
(1) 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, $0 is for the
purpose of providing a cost-of-
living adjustment.
5. Of the funds appropriated in
this item, $2,404,000 is for the
purpose of providing a growth
adjustment due to an increase in
the projected number of meals
served.
6. If the appropriation in this
item is insufficient to fully
fund all eligible reimbursement
claims pursuant to Section
49430.5 of the Education Code,
the State Department of
Education shall reimburse
eligible claims at a prorated
share of the funds appropriated
by this item.
7. The State Department of
Education shall notify the
Department of Finance in writing
30 days prior to paying prior
year reimbursement claims from
this item pursuant to Section
16304.1 of the Government Code.
No reimbursements shall be made
prior to final approval of the
Department of Finance.
SEC. 80. Item 6110-204-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-204-0001--For local assistance,
Department of Education (Proposition 98),
Program 20-Instructional Support for
transfer by the Controller to Section A of
the State School Fund for allocation by
the Superintendent of Public Instruction... 72,752,000
Provisions:
1. The funds appropriated in this
item are available to assist
eligible pupils, pursuant to
Section 37254 of the Education
Code, who are required to pass
the California High School
Exit Examination in order to
receive a diploma.
2. Of the amount appropriated in
this item, $0 is to provide a
cost-of-living adjustment.
3. The per-pupil amount for grade
12 may not exceed $520 in the
2008-09 fiscal year.
4. The funds in this item shall
be allocated by the State
Department of Education as
specified in this item no
later than October 1 of each
fiscal year.
SEC. 81. Item 6110-209-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-209-0001--For local assistance,
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.............................. 48,000
Provisions:
1. Of the funds appropriated in this
item, $0 is for the purpose of
providing a cost-of-living
adjustment.
SEC. 82. Item 6110-211-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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,
in accordance with Sections 47634 and
47634.1 of the Education Code.............. 183,865,000
Provisions:
1. The State Department of
Education shall provide an
estimate of average daily
attendance expected to be
claimed for this item for the
2009-10 fiscal year to the
Department of Finance and the
Legislative Analyst's Office
by October 1 of each year, for
use in developing the
Governor's Budget. The State
Department of Education shall
provide an update of the
estimate by March 31 of each
year, for preparation of the
May Revision.
2. An additional $5,947,000 in
expenditures for this item has
been deferred until the 2009-
10 fiscal year.
SEC. 83. Item 6110-224-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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 Division 3 of Title 2 of the
Education Code............................... 96,802,000
Schedule:
(1) 10.10.950.002-
Operations Grants..... 96,802,000
Provisions:
1. The following provisions govern
funds appropriated for the Year-
Round School Grant Program
(Article 3 (commencing with
Section 42260) of Chapter 7 of
Part 24 of Division 3 of Title 2
of the Education Code):
(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.
2. The funds appropriated in this
item reflect a reduction to the
base funding of 0.52 percent for a
statewide decline in average daily
attendance.
3. Of the funds appropriated in this
item, $0 is for the purpose of
providing a cost-of-living
adjustment.
SEC. 84. Item 6110-228-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-228-0001--For local assistance,
Department of Education (Proposition 98),
Program 20.60.020.011-School Safety Block
Grant, for transfer by the Controller to
Section A of the State School Fund for
allocation by the Superintendent of Public
Instruction................................ 61,310,000
Provisions:
1. The funds appropriated are
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 Division 1 of Title 1 of
the Education Code. An
additional $38,720,000 in
expenditures for this purpose
has been deferred to the 2009-
10 fiscal year. Of the amount
deferred, $1,000,000 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 Division 1 of
Title 1 of the Education Code.
2. Of the funds appropriated in
this item, $0 is for the
purpose of providing a cost-of-
living adjustment.
3. The funds appropriated in this
item reflect a reduction to
the base funding of 0.52
percent for a statewide
decline in average daily
attendance.
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 comprehensive school
safety plans. 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.
SEC. 85. Item 6110-232-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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.............. 101,130,000
Provisions:
1. Schools participating in this
program shall receive a per-
pupil rate of $213 pursuant to
Section 52086 of the Education
Code.
SEC. 86. Item 6110-234-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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 Division 4 of Title
2 of the Education Code................... 1,815,453,000
Provisions:
1. Schools participating in
Option One shall receive a
per-pupil rate of $1,071.
Schools participating in
Option Two shall receive a
per-pupil rate of $535.
SEC. 87. Item 6110-240-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-240-0001--For local assistance,
Department of Education (Proposition 98)..... 3,057,000
Schedule:
(1) 10.80.030-Instruction:
International
Baccalaureate Diploma
Program.................... 1,273,000
(2) 20.70-Instructional
Support: Assessments
(Advanced Placement Fee
Waiver Program)............ 1,784,000
Provisions:
1. The funds appropriated in Schedule
(1) shall be for the International
Baccalaureate Diploma Program
authorized by Chapter 12.5
(commencing with Section 52920) of
Part 28 of Division 4 of Title 2 of
the Education Code.
2. The funds appropriated in Schedule
(2) shall be for grants for advanced
placement examination fees as
authorized by Chapter 8.3
(commencing with Section 52240) of
Part 28 of Division 4 of Title 2 of
the Education Code.
3. Of the funds appropriated in this
item, $0 is for the purpose of
providing a cost-of-living
adjustment.
4. The funds appropriated in this item
reflect a reduction to the base
funding of 0.52 percent for a
statewide decline in average daily
attendance.
SEC. 88. Item 6110-243-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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 (commencing with Section 41505) of
Chapter 3.2 of Part 24 of Division 3 of
Title 2 of the Education Code.............. 96,954,000
Provisions:
1. Of the funds appropriated in
this item, $0 is provided for
the purpose of a cost-of-
living adjustment.
2. The funds appropriated in this
item reflect a reduction to
the base funding of 0.52
percent for a statewide
decline in average daily
attendance.
SEC. 89. Item 6110-244-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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
pursuant to Article 4 (commencing with
Section 41520) of Chapter 3.2 of Part 24
of Division 3 of Title 2 of the Education
Code....................................... 128,671,000
Provisions:
1. Of the funds appropriated in
this item, $3,329,000 is
available to support the
Teacher Credentialing Block
Grant regional infrastructure.
2.
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.
3. 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 2.
4. Of the funds appropriated in
this item, $0 is provided for
a cost-of-living adjustment
for a total per-participant
rate of $4,069.
5. The funds in this item shall
be made available only to
beginning teachers, as defined
in Section 44279.1 of the
Education Code, serving in
their first or second year of
service in California.
SEC. 90. Item 6110-245-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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,
pursuant to Article 5 (commencing with
Section 41530) of Chapter 3.2 of Part 24
of Division 3 of Title 2 of the Education
Code....................................... 273,289,000
Provisions:
1. Of the funds appropriated in
this item, $0 is for the
purpose of providing a cost-of-
living adjustment.
2. The funds appropriated in this
item reflect a reduction to
the base of 0.52 percent for a
decline in statewide average
daily attendance.
SEC. 91. Item 6110-246-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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 (commencing with
Section 41540) of Chapter 3.2 of Part 24
of Division 3 of Title 2 of the Education
Code....................................... 970,019,000
Provisions:
1. Of the funds appropriated in
this item, $0 is provided for
the purpose of a cost-of-
living adjustment.
2. The funds appropriated in this
item reflect a reduction to
the base funding of 0.52
percent for a statewide
decline in average daily
attendance.
3. Notwithstanding any other
provision of law, an
additional $100,118,000 in
expenditures for this item has
been deferred until the
following fiscal year.
SEC. 92. Item 6110-247-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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 (commencing with Section
41570) of Chapter 3.2 of Part 24 of
Division 3 of Title 2 of the Education
Code....................................... 463,031,000
Provisions:
1. Of the funds appropriated in
this item, $0 is provided for
the purpose of a cost-of-
living adjustment.
2. The funds appropriated in this
item also reflect a reduction
to the base funding of 0.52
percent for a statewide
decline in average daily
attendance.
SEC. 93. Item 6110-248-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
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 (commencing with
Section 41510) of Chapter 3.2 of Part 24
of Division 3 of Title 2 of the Education
Code....................................... 17,956,000
Provisions:
1. Of the funds appropriated in
this item, $0 is for the
purpose of providing a cost-of-
living adjustment.
2. The funds appropriated in this
item reflect a reduction to
the base funding of 0.52
percent for a statewide
decline in average daily
attendance.
3. Notwithstanding any other
provision of law, up to
$400,000 of the funds
appropriated in this item may
be used for contracts with
county offices of education to
provide regional training in
safe school planning and
crisis response and for
statewide coordination of such
training.
4. 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 of the Statutes of
1999. 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.
SEC. 94. Item 6110-260-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-260-0001--For local assistance,
Department of Education (Proposition 98),
20.11-Instructional Support: Physical
Education Teacher Incentive Grants......... 41,812,000
Provisions:
1. The funds appropriated in this
item are for transfer by the
Controller to the
Superintendent of Public
Instruction to provide
incentive grants to schools
serving kindergarten or any of
grades 1 to 8, inclusive, to
support the hiring of more
credentialed physical
education teachers.
These grants shall be
allocated in the amount of
$36,586 per schoolsite to the
districts that were randomly
selected in 2006-07 in order
to hire teachers to provide
instruction in physical
education courses.
2. As a condition of receipt of
funds, school districts
identified through the process
required pursuant to Section
41020 of the Education Code as
not meeting the required
physical education instruction
minutes required in Sections
51210, 51222, and 51223 of the
Education Code, shall be
required to provide a plan to
the county office of education
that corrects the deficient
physical education minutes for
the following school year and,
to the extent practicable,
make up the deficient minutes
identified.
3. Of the funds appropriated in
this item, $0 is provided for
the purpose of a cost-of-
living adjustment.
SEC. 95. Item 6110-265-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-265-0001--For local assistance,
Department of Education (Proposition 98),
Program 20.15-- Arts and Music Block Grant.. 109,757,000
Provisions:
1. The funds appropriated in this
item shall be for the purpose of
providing block grants to school
districts, charter schools,
and county offices of education
to support standards-aligned arts
and music instruction in
kindergarten and grades 1 to 12,
inclusive. Local educational
agencies shall use these funds to
supplement, and not supplant,
existing resources for arts and
music.
2. (a) (1) The State
Department of
Education shall
allocate the
funding to
districts, charter
schools, and county
offices of
education on the
basis of an equal
amount per pupil,
provided that a
minimum of $2,228
shall be allocated
for schoolsites
with 20 or fewer
pupils and a
minimum of $3,564
shall be allocated
for schoolsites
with more than 20
pupils.
(2) Except as provided
in subdivision (b),
the governing board
of a district,
charter school, or
county office of
education shall
distribute funds
received pursuant
to this item to all
schoolsites on the
basis of an equal
amount per pupil or
the schoolsite
minimums as set
forth in paragraph
(1), whichever of
the two amounts is
greatest.
(b) If the governing board
elects not to allocate
funds to schoolsites in
the amounts specified
pursuant to paragraph (2)
of subdivision (a), the
governing board shall do
both of the following:
(1) Adopt a resolution
to that effect at a
public meeting. The
resolution shall
specify how the
funds are to be
allocated among
schoolsites and for
districtwide
purposes and the
reasons for those
allocations.
(2) Prior to the public
meeting, inform
schoolsite
councils,
schoolwide advisory
groups, or school
support groups, as
applicable, of the
content of the
proposed resolution
and of the time and
location where the
resolution is
proposed to be
adopted.
(c) By February 2, 2009, as a
condition of receipt of
funds, the governing board
of each school
district shall provide a
summary report to the
State Department of
Education of how these
funds were expended or are
proposed to be expended,
the number of pupils, and
the grade levels served.
The department shall
collect and compile this
data and report that
information to the
Legislature and the
Governor.
(d) For purposes of this
provision, ""school
district'' means a school
district, county office of
education, state special
school, or direct-funded
charter school, as
described in paragraph (1)
of subdivision (a) of
Section 47651 of the
Education Code.
3. The funds appropriated in this
item may be used for hiring of
additional staff and for ongoing
support of staff hired under the
grant program, purchase of new or
used materials, books, supplies,
and equipment, and implementing
or increasing staff development
opportunities, as necessary to
support standards-aligned arts
and music instruction.
4. Of the funds appropriated in this
item, $0 is provided for the
purpose of a cost-of-living
adjustment.
SEC. 96. Item 6110-267-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-267-0001--For local assistance,
Department of Education (Proposition 98),
Program 20-Instructional Support for
Certificated Staff Mentoring Program....... 11,707,000
Provisions:
1. The funds appropriated in this
item shall be allocated by the
Superintendent of Public
Instruction to school
districts for the purpose of
encouraging excellent,
experienced teachers to teach
in staff priority schools and
to assist teacher interns
during their induction and
first years of teaching,
pursuant to Article 6
(commencing with Section
44560) of Chapter 3 of Part 25
of Division 3 of Title 2 of
the Education Code.
2. Of the funds appropriated in
this item, $0 is provided for
a cost-of-living adjustment
for a total per-participant
rate of $6,273.
SEC. 97. Item 6110-488 of Section 2.00 of the Budget Act of 2008
is amended to read:
6110-488--Reappropriation (Proposition 98),
Department of Education. Notwithstanding any other
provision of law, the unobligated balances from the
following items are available for reappropriation
for the purposes specified in Provisions 1, 2, and 3:
0001--General Fund
(1) $12,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2003 (Ch. 157, Stats. 2003), as
carried forward per Provision 1 of
Item 6110-196-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(2) $1,441,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2004 (Ch. 208, Stats. 2004), as
carried forward per Provision 1 of
Item 6110-196-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(3) $3,663,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats. 2005),
$1,749,000 of which was carried
forward per Provision 1 of Item
6110-196-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(4) $12,921,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for CalWORKs Stage 2
and Stage 3 child care in Schedules
(1.5)(e) and (1.5)(f) of Item 6110-
196-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(6) $18,120,000 or whatever greater or
lesser amount reflects the
unexpended balance of the
amount appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007), with the exception of
Schedules (1.5)(e) and (1.5)(f) for
CalWORKs child care programs.
(7) $8,000,000 of the amount
appropriated to the Child Care
Facilities Revolving Fund
established pursuant to Section
8278.3 of the Education Code from
Section 2.00 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(8) $5,000,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the provision of
wraparound care to children
enrolled in preschool programs
pursuant to Section 8238.6 of
the Education Code (Ch. 211, Stats.
2006).
(9) $48,000 or whatever greater or
lesser amount reflects the
unexpended funds from subdivision
(a) of Section 9 of Chapter 734 of
the Statutes of 1999.
(10) $21,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Community-Based
English Tutoring pursuant to
Section 315 of the Education Code,
as enacted by Proposition 227 in
1998.
(11) $9,200,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for juvenile education
in Item 5225-011-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(12) $76,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Small School
District Bus Replacement in
Schedule (2) of Item 6110-111-0001
of the Budget Act of 2005 (Chs. 38
and 39, Stats. 2005).
(13) $488,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Home to School
Transportation in Schedule (1) of
Item 6110-111-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(14) $545,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
High School Exit Examination in
Schedule (4) of Item 6110-113-0001
of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(15) $2,060,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Assessment Review
and Reporting and the STAR Program
in Schedules (1) and (2) of Item
6110-113-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(16) $19,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for specialized
secondary programs in Item 6110-122-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(17) $17,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Immediate
Intervention/Underperforming
Schools Program Corrective Actions
in Schedule (3) of Item 6110-123-
0001 of the Budget Act of 2005
(Chs. 38 and 39, Stats. 2005).
(18) $2,993,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the implementation
of the Public Schools
Accountability Act of 1999 for the
Immediate
Intervention/Underperforming
Schools Program Corrective
Actions in Schedule (2) of Item
6110-123-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(19) $615,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the implementation
of the Public Schools
Accountability Act of 1999 for the
Immediate
Intervention/Underperforming
Schools Program Corrective Actions
in Schedule (2) of Item 6110-123-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(20) $5,149,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the English
Language Learners Program in
Schedule (2) of Item 6110-125-0001
of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(21) $5,149,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the English
Language Acquisition Program in
Schedule (2) of Item 6110-125-0001
of the Budget Act of 2007 (Chs. 171
and 172, Stats. 2007).
(22) $109,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for Economic
Impact Aid in Schedule (1) of Item
6110-128-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats. 2005).
(23) $4,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for Economic
Impact Aid in Item 6110-128-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(24) $1,500,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Administrator
Training Program in Item 6110-144-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(25) $7,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the American
Indian Early Childhood Education
Program in Item 6110-150-0001 of
the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(26) $110,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for American Indian
Education Centers in Schedule (1)
of Item 6110-151-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(27) $177,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for American Indian
Education Centers in Item 6110-151-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(28) $1,385,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for adults in
correctional facilities in Item
6110-158-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(29) $107,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats. 2005).
(30) $21,919,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(31) $57,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for vocational
education for partnership academies
in Item 6110-166-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(32) $23,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Agricultural
Vocational Education Incentive
Program in Item 6110-167-0001 of
the Budget Act of 2005 (Chs. 38 and
39, Stats. 2005).
(33) $369,000 or whatever greater or
lesser amount reflects the
unexpended balance of the
amount appropriated for educational
technology programs in Item 6110-
181-0001 of the Budget Act of 2005
(Chs. 38 and 39, Stats. 2005).
(34) $369,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
transferred to the State School
Fund for educational technology
programs in Item 6110-181-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(35) $27,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for staff development
for teacher peer review in Schedule
(2) of Item 6110-193-0001 of the
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005).
(36) $95,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Bilingual
Teacher Training Assistance Program
and teacher peer review in
Schedules (1) and (2) of Item 6110-
193-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(37) $43,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for teacher
dismissal apportionments in Item
6110-209-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(38) $13,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for School Community
Policing Partnership Competitive
Grants Program in Schedule (5) of
Item 6110-228-0001 of the Budget
Act of 2004 (Ch. 208, Stats. 2004).
(39) $21,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the International
Baccalaureate Diploma Program in
Schedule (1) of Item 6110-240-0001
of the Budget Act of 2005 (Chs. 38
and 39, Stats. 2005).
(40) $6,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Teacher
Credentialing Block Grant Program
in Item 6110-244-0001 of the Budget
Act of 2006 (Chs. 47 and 48,
Stats. 2006).
(41) $79,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School and
Library Improvement Block Grant
Program in Item 6110-247-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(42) $186,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School and
Library Improvement Block Grant
Program in Item 6110-247-0001 of
the Budget Act of 2007 (Chs. 171
and 172, Stats. 2007).
(43) $30,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Physical
Education Teacher Incentive Grant
Program in Item 6110-260-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(44) $641,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to county offices of
education for site visits for
Williams audits in Item 6110-266-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(45) $101,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Charter School
Facility Grant Program in Schedule
(7) of Item 6110-485 of the
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005).
(46) $600,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Principal
Training Program in Schedule (8) of
Item 6110-485 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(47) $25,645,000 or whatever greater or
lesser amount reflects the
unexpended balance for the After
School Education and Safety Program
in Item 6110-649-0001 from the 2004-
05 fiscal year appropriation
pursuant to Section 8483.5 of the
Education Code, as enacted by
Proposition 49 in 2002.
(48) $178,352,000 or whatever greater or
lesser amount reflects the
unexpended balance for the After
School Education and Safety Program
in Item 6110-649-0001 from the 2007-
08 fiscal year appropriation
pursuant to Section 8483.5 of the
Education Code, as enacted by
Proposition 49 in 2002, and
pursuant to Section 8483.51 of the
Education Code as enacted by
Chapter 2 of the Statutes of 2008,
Third Extraordinary Session.
(49) $20,000,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(50) $520,000 or whatever greater or
lesser amount reflects the
unexpended balance for the After
School Education and Safety Program
in Item 6110-649-0001 from the 2006-
07 fiscal year appropriation
pursuant to Section 8483.5 of the
Education Code, as enacted by
Proposition 49 in 2002, and
pursuant to Section 8483.51 of the
Education Code, as enacted by
Chapter 2 of the Statutes of 2008,
Third Extraordinary Session.
Provisions:
2. The sum of $295,000 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction, on a one-time basis,
to the County Office Fiscal Crisis
and Management Assistance Team
(FCMAT) to conduct
comprehensive assessments pursuant
to Section 41327.1 of the Education
Code. Of the amount appropriated in
this paragraph, FCMAT shall use
$60,000 for the assessment of the
Oakland Unified School District,
$125,000 for an assessment of the
Vallejo City Unified School
District, and $110,000 for an
assessment of the West Fresno
Elementary School District. FCMAT
shall provide a copy of the written
report to the appropriate fiscal
and policy committees of the
Legislature, the Members of the
Legislature representing those
school districts, any advisory
councils of those school districts,
the Superintendent of Public
Instruction, the county
superintendents of schools with
jurisdiction over those school
districts, the Department of
Finance, and the Office of the
Secretary for Education. The amount
reappropriated pursuant to this
section is for use in the 2008-09
fiscal year.
3. The sum of $163,051,000 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction for the purpose of
funding CalWORKs Stage 2 child
care. The amount reappropriated
pursuant to this provision is for
use in the 2008-09 fiscal year.
4. The sum of $164,686,000 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction for the purpose of
funding CalWORKs Stage 3 child
care. The amount reappropriated
pursuant to this provision is for
use in the 2008-09 fiscal year.
SEC. 97.5. Item 6120-011-6029 of Section 2.00 of the Budget Act of
2008 is amended to read:
6120-011-6029--For support of California
State Library, Program 10-State Library
Services-Administration of the California
Cultural and Historical Endowment,
authorized by Chapter 157 of the Statutes
of 2003, payable from the California Clean
Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund................. 1,000,000
Provisions:
1. The expenditure of funds from this
item shall not exceed the amount
authorized for administration from
the California Clean Water, Clean
Air, Safe Neighborhood Parks, and
Coastal Protection Act of 2002
(Proposition 40).
SEC. 98. Item 6440-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6440-001-0001--For support of University
of California............................ 3,000,920,000
Schedule:
(1) Support............. 3,123,516,00
0
(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
(8) Unallocated
Reduction........... -201,092,000
Provisions:
1. The appropriations made in this
item are exempt from Section
31.00.
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.
Funds appropriated in this item
may be used for capital
expenditures as well as payment
of debt service for such
exempted capital projects.
Exempted projects shall be
reported in a manner consistent
with the reporting procedures in
subdivision (e) of Section 28.00.
Funds appropriated in this item
may be used for capital
expenditures as well as payment
of debt service associated with
the Energy Partnership Program,
whereby the University of
California will receive
financial incentives from state
investor-owned utilities to
undertake energy conservation
projects. The use of state
operations funding for these
energy savings projects may not
infringe on the university's
funding for its instructional
support activities. The Director
of Finance may authorize
program expenditures for the
list of planned projects not
sooner than 30 days after
notification in writing is
provided to the chairpersons of
the committees in each house of
the Legislature that consider
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.
The list of planned projects
submitted for approval for a
given funding cycle should be
all-inclusive and may include
projects that eventually may not
be initiated during that funding
cycle. A project not included on
the list of planned projects for
that funding cycle, but with
which the university wishes to
proceed during the budget year,
may be treated as an exempted
project as described above and
reported in a manner consistent
with the reporting procedures in
subdivision (e) of Section
28.00. No later than November 15
of each year, the university
shall prepare a report
describing the identified
projects funded under the Energy
Partnership Program in the prior
year. The report shall include
the cost of each project, how
the cost is being funded,
including the amount funded from
support budget funds and
investor-owned utility incentive
awards, and the projected amount
of energy savings. These reports
will sunset at the end of the
program.
3. The funds appropriated in
Schedule (2) are for support of
University of California
programs 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 funds 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 in Schedule (2) are
expended solely for the support
of the program identified in
that schedule.
4. 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.
5. Of the funds appropriated in
Schedule (1), $2,762,129 is for
payment of energy service
contracts in connection with the
issuance of State Public Works
Board Energy Efficiency Revenue
Bonds.
6. Of the funds 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.
7. Of the funds 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.
8. Of the funds appropriated in
Schedule (1), $1,897,200 is for
the California State Summer
School for Mathematics and
Science (COSMOS). The University
of California shall report on
the outcomes and effectiveness
of COSMOS every five years,
commencing April 1, 2011.
9. The University of California
(UC) shall report to the
Legislature and the Governor by
February 1 of each year on its
progress toward increasing the
quality and supply of science
and mathematics teachers
resulting from implementation of
the Science and Math Teacher
Initiative. This report shall
include the following
information: (a) annual number
of mathematics and science
teachers awarded credentials (by
each UC campus) beginning with
the 2004-05 academic year
(before the state first
provided funding for the
initiative), (b) an expenditure
plan on the use of the funds
appropriated in this item, (c)
the effectiveness of the
initiative's different
components and activities,
including an identification of
best practices, and (d) the job
placement of students who earn a
mathematics or science teaching
credential, including the
location of the K-12 school of
employment and whether it is in
an urban, rural, or suburban
setting.
10. The University of California
shall report to the Legislature
by March 15, 2009, on whether it
has met its 2008-09 academic
year enrollment goal.
11. Of the funds appropriated in
Schedule (1), $1,050,000 is
to support 70 full-time
equivalent students in the
Program in Medical Education
(PRIME) at the Irvine, Davis,
San Diego, and San Francisco
campuses. 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, 2009, on (a) its
progress in implementing the
PRIME program and (b) the use of
the total funds provided for
this program from both state and
nonstate resources.
12. The university shall report to
the Legislature and the Governor
by May 1, 2009, on the total
enrollment in the 2007-08 and
2008-09 academic years in the
entry-level clinical and
master's degree nursing programs
and the master's of science
nursing degree programs.
13. It is the intent of the
Legislature that the University
of California submit an annual
report by March 1 of each year
through the 2010-11 fiscal year
to the Joint Legislative Budget
Committee, legislative fiscal
subcommittees, and the
Department of Finance on the
university's progress in
reforming its compensation
policies and practices,
reflecting the criteria
specified in Provision 27 of
Item 6440-001-0001 of the Budget
Act of 2006 (Chs. 47 and 48,
Stats. 2006).
14. Of the funds appropriated in
Schedule (1), $19,300,000 is for
student academic preparation and
education programs (SAPEP) and
is to be matched with
$12,000,000 from existing
university resources, for a
total of $31,300,000 for these
programs. The University of
California shall provide a plan
to the Department of Finance and
the fiscal committees of each
house of the Legislature for
expenditure of both state and
university funds for SAPEP by
September 1 of each year. 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 in April 2005. The
report shall be submitted to the
fiscal committees of each house
of the Legislature no later than
April 1, 2009.
15. The amount appropriated in
Schedule (1) reflects a
reduction of $32,300,000 to
institutional support.
16. Of the amount appropriated in
Schedule (1), $15,000,000 shall
be redirected from funds
budgeted for compensation of
administrators of the University
of California, including
administrators at the campuses
and in the Office of the
President, to support salary
increases and a step pay system
for low wage service employees.
17. Of the funds appropriated in
Schedule (1), $693,000 is for
the Welfare Policy Research
Project, pursuant to Article 9.7
(commencing with Section 11526)
of Chapter 2 of Part 3 of
Division 9 of the Welfare and
Institutions Code.
18. Of the funds appropriated in
Schedule (1), $427,500 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.
19. Of the funds appropriated in
Schedule (1), $346,500 shall be
expended for viticulture and
enology research, contingent
upon the receipt of an equal
amount of private sector
matching funds.
20. Of the funds appropriated in
Schedule (1), $16,200,000 is for
substance abuse research at the
Department of Neurology at the
University of California, San
Francisco.
21. Of the funds appropriated in
Schedule (1), $693,000 shall be
used for lupus research at the
University of California, San
Francisco.
22. Of the funds appropriated in
Schedule (1), $1,385,100 shall
be used to expand spinal cord
injury research.
23. Of the funds appropriated in
Schedule (1), $3,463,000 is to
fund the Medical Investigation
of Neurodevelopment Disorders
(MIND) Institute, including
$3,150,000 for a research grants
program.
24. Of the funds appropriated in
Schedule (1), $5,400,000 is to
support research on labor and
employment and labor
education throughout the
University of California system.
Of these funds, 60 percent shall
be for labor research and 40
percent shall be for labor
education.
25. The amount appropriated in this
item reflects a $5,000,000 one-
time reduction to the Subject
Matter Projects. An identical
amount is appropriated in Item
6110-195-0890 from federal Title
II carryover funds to ensure the
projects can be maintained in
the 2008-09 fiscal year.
26. To the extent funds are
available in Schedule (1), and
contingent upon the receipt of
an equal amount of private
sector matching funds, the
University of California shall
allocate funds for the
California Institute for
Quantitative Biosciences for the
purpose of enhancing innovative,
cost-effective technologies and
therapies in health care.
SEC. 99. Item 6440-301-0660 is added to Section 2.00 of the Budget
Act of 2008, to read:
6440-301-0660--For capital outlay,
University of California, payable from
the Public Buildings Construction Fund.... 204,637,000
Schedule:
Berkeley Campus:
(1) 99.01.270-
Biomedical and
Health Sciences
Building-
-Preliminary plans,
working drawings,
and construction.... 52,700,000
Davis Campus:
(2) 99.03.350-
Veterinary Medicine
3B--Construction.... 64,737,000
Los Angeles Campus:
(3) 99.04.285-Hershey
Hall Seismic
Renovation--Working
drawings and
construction........ 23,100,000
Riverside Campus:
(4) 99.05.200-
Environmental
Health and Safety
Expansion--Working
drawings and
construction........ 16,619,000
San Diego Campus:
(5) 99.06.390-
Management School
Facility Phase 2-
-Working drawings
and construction.... 26,075,000
Santa Barbara Campus:
(6) 99.08.135-Arts
Building Seismic
Corrections and
Renewal-
-Construction....... 21,406,000
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 University of California is
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.
3. The State Public Works Board
shall not be deemed to be the
lead or responsible agency for
the 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 University of
California from the
requirements of the California
Environmental Quality Act. This
provision is declaratory of
existing law.
4. Notwithstanding Section 1.80 or
any other provision of law, the
appropriation made in this item
is available for encumbrance
until June 30, 2012.
5. Notwithstanding any other
provision of law, the State
Public Works Board may not
authorize interim financing for
the project funded in Schedule
(1) until the University of
California provides the board
with a complete funding plan
for the full build-out and the
board determines that the funds
provided in this item may be
used in conjunction with other
funding sources in the funding
plan.
SEC. 100. Item 6440-302-6041 of Section 2.00 of the Budget Act of
2008 is amended to read:
6440-302-6041--For capital outlay,
University of California, payable from the
2004 Higher Education Capital Outlay Bond
Fund......................................... 5,802,000
Schedule:
Los Angeles Campus:
(1) 99.04.265-Life Sciences
Replacement Building-
-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 in 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 until June 30, 2010,
except that funds appropriated for
construction only must be bid by
June 30, 2009, and are available for
expenditure until June 30, 2010, and
that funds appropriated for
equipment purposes are available for
encumbrance until June 30, 2011. For
the purpose 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 storage tank
correction 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 (42 U.S.C.
Sec. 12101 et seq.), 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 in 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.
SEC. 101. Item 6440-304-6048 of Section 2.00 of the Budget Act of
2008 is amended to read:
6440-304-6048--For capital outlay,
University of California, payable from the
2006 University Capital Outlay Bond Fund.... 39,850,000
Schedule:
Statewide:
(.5) 99.00.100-Statewide
Telemedicine Services
Expansion--Equipment.. 10,000,000
San Francisco Campus:
(1) 99.02.155-
Telemedicine and
PRIME Urban
Underserved Education
Facilities--
Construction and
equipment............. 29,100,000
Davis Campus:
(2) 99.03.365-
Telemedicine Resource
Center and Rural
PRIME Facility-
-Equipment............ 750,000
Provisions:
1. If savings are identified 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, those savings may
be used for the following
purposes: (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 (42 U.S.C. Sec. 12101 et
seq.), or (e) to fund minor
capital outlay projects.
Not later than November 1 of
each year, the University of
California 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 of the
Legislature.
2. The funds appropriated in 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, 2009.
SEC. 102. Item 6610-301-0660 is added to Section 2.00 of the
Budget Act of 2008, to read:
6610-301-0660--For capital outlay,
California State University, payable from
the Public Buildings Construction Fund.... 223,788,000
Schedule:
(1) 06.50.066-
Bakersfield: Art
Center and
Satellite Plant-
-Working drawings
and construction.... 17,681,000
(2) 06.51.010-Maritime
Academy: Physical
Education
Replacement-
-Preliminary plans,
working drawings,
and construction.... 34,751,000
(3) 06.74.008-Monterey
Bay: Academic
Building II-
-Preliminary plans,
working drawings,
and construction.... 40,599,000
(4) 06.83.003-Channel
Islands: Classroom
and Faculty Office
Renovation and
Addition-
-Construction....... 29,686,000
(5) 06.96.116-San Luis
Obispo: Center for
Science-
-Construction....... 101,071,000
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 California State University
is 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.
3. The State Public Works Board
shall not be deemed to be the
lead or responsible agency for
the 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 State University
from the requirements of the
California Environmental Quality
Act. This provision is
declaratory of existing law.
4. Notwithstanding Section 1.80 or
any other provision of law, the
appropriation made in this item
is available for encumbrance
until June 30, 2012.
SEC. 102.5. Item 6610-491 is added to Section 2.00 of the Budget
Act of 2008, to read:
6610-491--Reappropriation, California State
University. 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:
6048--2006 University Capital Outlay Bond Fund
(1) Item 6610-301-6048, Budget Act of
2007 (Chs. 171 and 172, Stats. 2007)
Pomona Campus:
(14) 06.98.109-Pomona: College of
Business Administration-
-Working drawings and
construction
SEC. 103. Item 6870-101-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6870-101-0001--For local assistance,
Board of Governors of the California
Community Colleges (Proposition 98)..... 3,989,230,000
Schedule:
(1) 10.10.010- 3,170,717,
Apportionments........ 000
(2) 10.10.020-
Apprenticeship........ 14,641,000
(3) 10.10.030-Growth for 113,500,00
Apportionments........ 0
(4) 20.10.004-Student
Success for Basic
Skills Students....... 33,100,000
(5) 20.10.005-Student
Financial Aid
Administration........ 51,269,000
(6) 20.10.020-Disabled 115,011,00
Students.............. 0
(7) 20.10.045-Special
Services for CalWORKs
Recipients............ 43,580,000
(8) 20.10.060-Foster Care
Education Program..... 5,254,000
(9) 20.10.070- 101,803,00
Matriculation......... 0
(10) 20.20.020-Academic
Senate for the
Community Colleges.... 467,000
(11) 20.20.041-Equal
Employment
Opportunity pursuant
to Ch. 1169, Stats.
2002.................. 1,747,000
(12) 20.20.050-Part-time
Faculty Health
Insurance............. 1,000,000
(13) 20.20.051-Part-time
Faculty Compensation.. 50,828,000
(14) 20.20.055-Part-time
Faculty Office Hours.. 7,172,000
(15) 20.30.011-
Telecommunications
and Technology
Services.............. 26,197,000
(16) 20.30.050-Economic
Development........... 46,790,000
(17) 20.30.070-Transfer
Education and
Articulation.......... 1,424,000
(18) 20.40.026-Physical
Plant and
Instructional Support. 27,345,000
(19) 20.10.010-Extended
Opportunity Programs
and Services and 122,291,00
Special Services...... 0
(20) 20.30.045-Fund for
Student Success....... 6,158,000
(21) 20.70.010-Career
Technical Education... 20,000,000
(22) 20.80.010-Campus
Childcare Tax Bailout. 6,836,000
(23) 20.95.010-Nursing
Program Support....... 22,100,000
Provisions:
1. The funds appropriated in
Schedules (1), (2), (3), (4),
(5), (6), (7), (8), (9), (11),
(12), (13), (14), (15), (16),
(18), (19), and (22) are for
transfer by the Controller
during the 2008-09 fiscal year
to Section B of the State School
Fund.
2. Notwithstanding any other
provision of law, 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.
3. The funds appropriated in
Schedule (1) for Apportionments
include $31,409,000 to encourage
district-level accountability
efforts pursuant to Section
84754.5 of the Education Code.
It is intended that the
Chancellor of the California
Community Colleges submit an
annual report on district-
specific accountability measures
by March 19 of each year. This
report shall reflect outcomes
from the most recently completed
fiscal year for which data is
available pursuant to Section
84754.5 of the Education Code.
4. Of the funds appropriated in
Schedule (1), Apportionments:
(a) Up to $100,000 is for a
maintenance allowance,
pursuant to Section 54200
of Title 5 of the
California Code of
Regulations.
(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
pursuant to Section 58508
of Title 5 of the
California Code of
Regulations.
5. Notwithstanding any other
provision of law, the Chancellor
of the California Community
Colleges shall not reduce
district workload obligations
for a lack of a funded cost-of-
living adjustment.
6. (a) Of the amount appropriated
in Schedule (2) for the
Apprenticeship Program, up
to $14,641,000 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
$5.06 per hour. For
purposes of this
provision, each hour of
teaching time may include
up to 10 minutes for
passing time and breaks.
7. Funds appropriated in Schedule
(3), Growth for Apportionments,
shall be available first to any
districts bringing online in the
current fiscal year newly
accredited colleges or
California Postsecondary
Education Commission-approved
educational centers. It is the
intent of the Legislature that
increases in basic foundation
allocations to each college be
funded prior to additional
growth in full-time equivalent
students. The Chancellor of the
California Community Colleges
shall provide a report by
November 1 of each year, to the
Department of Finance and the
Legislative Analyst, on the
number of new centers and
colleges added for the current
fiscal year and those
anticipated to be added for the
prospective budget year. This
report shall also detail the
specific funding adjustments
provided for basic foundation
allocations to each college and
center for the current fiscal
year.
8. Notwithstanding any other
provision of law, funds
appropriated in Schedule (3) for
Growth for Apportionments 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 of the
California Community Colleges
shall implement the criteria
required by subdivision (a) of
Provision 5 of Item 6870-101-
0001 of the Budget Act of 2003
(Ch. 157, Stats. 2003) for the
allocation of funds appropriated
in Schedules (1) and (3), so as
to ensure 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. Of the amount appropriated in
Schedule (1), $10,000,000 shall
only be available for noncredit
instruction to prepare pupils to
pass the California High School
Exit Examination (CAHSEE). The
first priority shall be to serve
high school pupils from the
class of 2007 who met all other
graduation requirements except
for passage of the CAHSEE.
Remaining funds may be used to
support other necessary
noncredit courses for other
pupils who not only did not pass
the CAHSEE, but who did not
complete other coursework
necessary to meet high school
graduation requirements. These
funds are intended to supplement
but not supplant existing
funding for these purposes.
11. The funds appropriated in
Schedule (4), Student Success
for Basic Skills Students, shall
be allocated as follows:
(a) $1,600,000 for faculty and
staff development to
improve curriculum,
instruction, student
services, and program
practices in the areas of
basic skills and English
as a Second Language (ESL)
programs. The Office of
the Chancellor of the
California Community
Colleges shall select a
district, utilizing a
competitive process, to
carry out these faculty
and staff development
activities. All colleges
receiving funds pursuant
to subdivision (b) shall
be provided with the
opportunity to participate
in the faculty and staff
development programs
specified in this
subdivision. The
chancellor shall report on
the use of these funds by
the selected district to
the Legislative Analyst
and the Department of
Finance not later than
September 1, 2009.
(b) $31,500,000 for allocation
by the chancellor to
community college
districts for improving
outcomes of students who
enter college needing at
least one course in ESL or
basic skills, with
particular emphasis on
students transitioning
from high school.
(c) Funding specified in
subdivisions (a) and (b)
shall be distributed to
eligible applicants
pursuant to Chapter 489 of
the Statutes of 2007.
(d) The Office of the
Chancellor shall work
jointly with the
Department of Finance and
the Legislative Analyst to
develop annual
accountability measures
for this program. It is
the intent of the
Legislature that annual
performance accountability
measures for this program
utilize, to the extent
possible, data available
as part of the
accountability system
developed pursuant to
Section 84754.5 of the
Education Code. By
November 1, 2009, the
chancellor shall submit a
report to the Governor and
Legislature on the annual
accountability measures
developed pursuant to this
process.
12. (a) Of the funds appropriated
in Schedule (5) for
Student Financial Aid
Administration, not less
than $9,864,000 is
available to provide $0.91
per 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 (5), not less
than $4,405,000 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) Funding provided to
community college
districts in subdivisions
(a) and (b) of Provision
15 is provided to directly
offset any mandated costs
claimed by community
college districts pursuant
to Commission on State
Mandates Test Claims
99-TC-13 (Enrollment Fee
Collection) and 00-TC-15
(Enrollment Fee Waivers).
(d) (1) Of the amount
appropriated in
Schedule (5),
$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:
(A) the California
Community Colleges
(CCC) remain
affordable, (B)
financial aid and
tax credits are
available to cover
enrollment fees and
help with books and
other costs, and (C)
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 Web site
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 (5), 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
item, 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 personal
assistance to these
students 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 Office of
the Chancellor of
the California
Community Colleges
provide the
Legislature with a
report not later
than April 1, 2009,
on the use of the
funds allocated
pursuant to
paragraphs (1) and
(2) of this
subdivision (d),
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
report by September
1, 2008, in the
manner and using the
factors set forth in
paragraph (5) of
subdivision (b) of
Provision 11 of Item
6870-101-0001 of
Section 2.00 of the
Budget Act of 2004
(Ch. 208, Stats.
2004), on the impact
of outreach efforts
on student headcount
and FTES enrollment
for the 2005-06 and
2006-07 academic
years.
13. Of the funds appropriated in
Schedule (19) for Extended
Opportunity Programs and
Services, $106,786,000 is for
Extended Opportunity Programs
and Services (EOPS) in
accordance with Article 8
(commencing with Section 69640)
of Chapter 2 of Part 42 of
Division 5 of Title 3 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. In
addition, $15,505,000 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
Division 7 of Title 3 of the
Education Code. The Board of
Governors of the California
Community Colleges shall
allocate funds on a priority
basis to local programs on the
basis of need for student
services.
14. Of the funds appropriated in
Schedule (19) for the Extended
Opportunity Programs and
Services, $1,900,000 shall be
available to support additional
textbook assistance grants to
community college students as an
allowable expenditure consistent
with paragraph (10) of
subdivision (b) of Section 69648
of the Education Code.
15. The funds appropriated in
Schedule (20) for the Fund for
Student Success is for
additional targeted student
services, to be expended as
follows:
(a) $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
fiscal year support level
for the Puente Project.
All funding shall be
allocated directly to
participating districts in
accordance with their
participation agreement.
(b) Up to $2,459,000 is for
the Mathematics,
Engineering and Science
Achievement (MESA)
Program. For each dollar
allocated, the
recipient district shall
provide $1 in matching
funds.
(c) 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 8.
16. (a) The funds appropriated
in Schedule (6) for the
Disabled Students Program
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 (6), no less
than $3,945,000 shall be
used to address
deficiencies identified by
the federal Office of
Civil Rights (OCR), as
determined by the Office
of the Chancellor of the
California Community
Colleges.
(c) Of the amount appropriated
in Schedule (6), 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
Office of the Chancellor.
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 (6), $1,246,000
shall be for state
hospital adult education
programs at the hospitals
served by the Coast and
Kern 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 any
portion of the 2008-09
fiscal year, remaining
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
2008-09 fiscal year, the
Proposition 98 base
funding levels for
community colleges and DDS
shall be adjusted
accordingly.
(e) Of the funds appropriated
in Schedule (6) for the
Disabled Student Services,
no less than $9,600,000
shall be allocated to
support high-cost sign
language interpreter
services and real-time
captioning equipment or
other communication
accommodations for hearing-
impaired students based on
a 4-to-1 state-to-local
district match.
17. The funds appropriated in
Schedule (7), 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 (7)
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.
(g) Campus-based case
management, limited to on-
campus assistance and
services not provided by
county case workers that
do not supplant other
counseling and academic
support services funded
through existing
California Community
Colleges categorical
programs.
Of the amount appropriated in
Schedule (7), $15,000,000 is for
child care and does 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 2008-09
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 and work
participation requirements,
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
positions. 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 information.
Districts shall submit
applications to the Office of
the Chancellor by October 15 of
each year. If the chancellor
approves the use of funds for
direct instructional workload,
the Office of the Chancellor
shall submit a report to the
Department of Finance and the
Joint Legislative Budget
Committee by November 15, 2008,
that (a) identifies the
enrollment of new CalWORKs
students, (b) states whether and
why additional classes were
needed to accommodate the needs
of CalWORKs students, and (c)
sets forth an expenditure plan
for the balance of funds.
As a condition of receipt of
the funds appropriated in
Schedule (7), by the fourth week
following the end of the
semester or quarter term
commencing in January 2009,
each participating community
college shall submit to the
Office of the Chancellor 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 Office of the
Chancellor compile the
information for annual reports
to the Legislature, the
Governor, the Legislative
Analyst, the Department of
Finance, and the State
Department of Social Services by
November 15 of each year.
First priority for expenditures
of any funds appropriated in
Schedule (7) 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, 2008, 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 Office of the Chancellor
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.
Of the funds appropriated in
Schedule (7) for the Special
Services for CalWORKs Recipients
Program, no less than $8,000,000
is to provide direct workstudy
wage reimbursement for students
served under this program, and
$1,000,000 is available for
campus job development and
placement services.
18. Funds appropriated in Schedule
(7) for the Special Services for
CalWORKs Recipients Program 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.
19. (a) Funds provided in Schedule
(8) for the Foster Care
Education Program 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 training.
(b) Funds provided in Schedule
(8) 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 State Department
of Social Services
shall facilitate the
participation of
county welfare
departments in the
foster and
relative/kinship
care education
program.
20. (a) Funds appropriated in
Schedule (9) for the
Matriculation Program are
for the purpose of student
matriculation pursuant to
Article 1 (commencing with
Section 78210) of Chapter
2 of Part 48 of
Division 7 of Title 3 of
the Education Code.
(b) Of the amount appropriated
in Schedule (9),
$20,000,000 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.
21. The funds in Schedule (13) for
the Part-time Faculty
Compensation Program 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.
22. (a) $24,197,000 of the funds
provided in Schedule (15)
for the Telecommunications
and Technology Services
Program 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 for the following
purposes:
(1) Provision of access
to statewide
multimedia hosting
and delivery
services for system
colleges and
districts.
(2) Provision of
systemwide Internet,
audio bridging, and
telephony.
(3) Technical assistance
and planning,
cooperative purchase
agreements, and
faculty and staff
development in a
manner consistent
with paragraph (3)
of subdivision (b)
of Provision 17 of
Item 6870-101-0001
of Section 2.00 of
the Budget Act of
1996 (Ch. 162,
Stats. 1996).
(4) Ongoing support for
the California
Virtual University
Distance Education
Program.
(5) Ongoing support for
programs designed to
use technology in
assisting
accreditation and
the alignment of
curricula across K-
20 segments in
California.
(6) Support for
technology pilots
and ongoing
technology programs
and applications
that serve to
maximize the utility
and economy of scale
of the technology
investments of the
community college
system towards
improving learning
outcomes.
In addition, a portion of
the funds provided in this
subdivision 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
subdivision (a) of
Provision 21 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).
(b) The Office of the
Chancellor of the
California Community
Colleges shall develop the
reporting criteria for all
programs funded by this
item and shall submit that
for review along with an
annual progress report on
program implementation to
the Legislative Analyst,
the Office of the
Secretary for Education,
and the Department of
Finance no later than
December 1 of each year.
Reporting shall include
summaries of allocations
and expenditures by
program and by district,
where applicable.
(c) Of the funds provided in
Schedule (15), $2,000,000
is for ongoing support and
expansion of the
California Partnership for
Achieving Student Success
(Cal-PASS) program. As a
condition of receipt of
these funds, the grantee
shall submit to the Office
of the Chancellor, by
October 15 of each year,
all of the following: (1)
a report that includes the
numbers and
percentages of
institutions and school
districts that have signed
agreements and the number
and percentage that have
actively submitted data in
the current year, (2) the
results of an annual
program evaluation, as
prescribed by the
chancellor, that
sufficiently documents the
value and productivity of
the program, and (3) an
annual financial audit, as
prescribed by the
chancellor, that includes
an accounting of all
funding sources and all
uses of funds by funding
source. It is the intent
of the Legislature that
all reporting requirements
contained in this
subdivision shall be
completed using funds
provided to the grantee.
23. Of the funds provided in
Schedule (16) for the Economic
and Workforce Development
Program:
(a) $22,830,000 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) $7,822,000 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) $3,609,000 is allocated
for statewide network
leadership, organizational
development, coordination,
information and support
services, or other program
purposes.
(d) $4,529,000 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) $8,000,000 is
allocated for the
establishment of a
Responsive Incumbent
Worker Training Fund,
which will serve to expand
the delivery of
performance improvement
training to employers and
incumbent workers in high-
growth industries. Funds
shall also be used to
develop programs that
integrate basic skills and
career technical education
curriculum in ways that
provide students with
seamless educational
coursework that
transitions students into
high-tech and high-demand
job sectors.
(f) The following provisions
apply to the expenditure
of funds within
subdivisions (a) and (b):
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) to
increase the level of
subsidized training
otherwise available.
(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 the
guidelines for audits of
economic development
grants.
(h) Primary objectives of the
Economic and Workforce
Development Program are 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 and Workforce
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
improvement training,
credit and noncredit
instruction, and job
placements created as a
result of each center and
collaborative.
24. (a) The funds appropriated in
Schedule (17) for the
Transfer Education and
Articulation Program are
available to support
transfer and articulation
projects and common course
numbering projects.
(b) Funding provided to
community college
districts from Schedule
(17) is provided to
directly offset any
mandated costs claimed by
community college
districts pursuant to
Chapter 737 of the
Statutes of 2004.
25. (a) $13,673,000 of the funds
appropriated in Schedule
(18) is available for the
following purposes:
(1) Scheduled
maintenance and
special repairs of
facilities. 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 for
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.
(2) Hazardous substances
abatement, cleanup,
and repairs.
(3) Architectural
barrier removal
projects that meet
the requirements of
the federal
Americans with
Disabilities Act of
1990 (42 U.S.C. Sec.
12101 et seq.) 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.
(b) $13,672,000 of the funds
appropriated in Schedule
(18) is available for
replacement of
instructional equipment
and library materials. 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 chancellor may
waive all or a portion of
the matching requirement
based upon a review of a
district's financial
condition. The funds
provided for instructional
equipment and library
materials shall not be
used for personal services
costs or operating
expenses. The chancellor
shall allocate funds to
districts on the basis of
actual reported FTES and
may establish a minimum
allocation per district.
The question of whether a
district has complied with
its resolution shall be
reviewed under the annual
audit of that district.
(c) The funds appropriated in
Schedule (18) shall be
available for expenditure
until June 30, 2010.
26. 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 (6), (9), (11), and
(19) 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.
27. The funds appropriated in
Schedule (21) for the Career
Technical Education Program are
for the purpose of aligning
career-technical education
curriculum between K-12 and
community colleges in targeted
industry-driven programs offered
through the Economic and
Workforce Development Program.
Prior to the allocation of these
funds, the Chancellor of the
California Community Colleges,
in conjunction with the State
Department of Education, shall
submit a proposed expenditure
plan for the funds contained in
this item, and the rationale
therefor, to the Department of
Finance by August 1, 2008, for
approval.
Of the funds appropriated in
Schedule (21), $2,500,000 is
available for the development
and enhancement of health-
related career pathway
programs in grades 7 to 12,
inclusive, and for the
articulation and alignment of
health-related curriculum
between schools with pupils in
kindergarten and grades 1 to 12,
inclusive, and the California
Community Colleges.
28. The funds appropriated in
Schedule (22) for the Campus
Childcare Tax Bailout shall be
allocated by the Chancellor of
the California Community
Colleges 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.
29. With regard to the funds
appropriated in Schedule (23),
Nursing Program Support, all of
the following shall apply:
(a) $14,000,000 shall be used
to provide support for
nursing program enrollment
and equipment needs
consistent with paragraph
(2) of subdivision (a) of
Section 2 of Chapter 514
of the Statutes of 2001.
Grant funding for nursing
enrollment shall provide a
marginal increase in
funding in addition to the
amount provided for each
full-time equivalent
student for regular
growth in apportionments.
(b) $8,100,000 shall be used
to provide diagnostic and
support services, preentry
coursework, alternative
program delivery model
development, and other
services to reduce the
incidence of student
attrition in nursing
programs.
(d) The Board of Governors of
the California Community
Colleges shall develop a
request for applications
(RFA) to allocate the
additional $5,214,000 of
funds in subdivision (b)
to community college
districts. Criteria for
assessing each RFA shall
include all of the
following:
(1) The degree to which
the funds provided
would be used to
increase student
enrollment in
nursing programs
beyond the level of
full-time equivalent
students served in
the 2007-08 academic
year.
(2) The district's level
of attrition from
nursing programs and
the suitability of
planned expenditures
to address attrition
levels.
(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.
(4) For districts with
attrition rates of
15 percent or more,
new grant funding
shall focus on
attrition reduction.
For districts with
attrition rates
below 15 percent,
new grant funding
shall focus on
enrollment expansion.
(e) The board of governors
shall release the RFA no
sooner than 30 days after
submitting it to the
Legislature and the
Department of Finance for
review.
(f) On or before March 1 of
each year, 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 include all of the
following: (1) the amount
of funding received, (2)
the number of nursing full-
time equivalent students
served in the 2006-07
academic year, and the
additional number of
nursing full-time
equivalent students served
with funding provided in
this item in each
subsequent year, (3) the
district's attrition and
completion rates in the
2006-07 academic year and
subsequent years, (4) any
equipment or
infrastructure-related
items acquired with the
funds appropriated in this
item, and (5) the number
of new and existing
faculty receiving annual
stipend awards.
SEC. 104. Item 7980-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
7980-001-0001--For support of Student Aid
Commission.................................. 14,206,000
Schedule:
(1) 15-Financial Aid
Grants Program........ 15,421,000
(1.5) 50-California Loan
Program............... 1,000,000
(2) 80.01-Administration
and Support Services.. 3,369,000
(3) 80.02-Distributed
Administration and
Support Services...... -3,369,000
(3.5) 97.20.001-Unallocated
Reduction............. -789,000
(4) Reimbursements........ -296,000
(4.5) Amount payable from
the Student Loan
Operating Fund (Item
7980-001-0784)........ -1,000,000
(5) Amount payable from
the Federal Trust
Fund (Item 7980-001-
0890)................. -130,000
Provisions:
1. The funds appropriated in this
item are available only for the
Student Aid Commission's state
operations activities.
2. Of the funds appropriated in
Schedule (1), up to $369,000 is
available for expenditure to
support enhancement of the
Student Aid Commission's Grant
Delivery System.
3. Schedule (1) includes funding for
2.0 positions to increase program
compliance reviews for
institutions participating in the
Cal Grant Program under Chapter
1.7 (commencing with Section
69430) of Part 42 of Division 5
of Title 3 of the Education Code
and the Assumption Program of
Loans for Education under Article
5 (commencing with Section
69612) of Chapter 2 of Part 42 of
Division 5 of Title 3 of the
Education Code, with the
objective of auditing higher risk
institutions once every three
years. The audits shall emphasize
verification of applicant
eligibility, fund disbursement,
and payment reconciliation. The
Student Aid Commission shall
prioritize its review of
institutions that have
demonstrated noncompliance in
prior audits. The commission
shall report to the Legislature
and the Governor by September 30,
2008, on the institutions
audited, the rate of
noncompliance with each major
program requirement, and the
steps taken to address
noncompliance.
4. (a) This item reflects
$1,000,000 payable from
the Student Loan
Operating Fund for the
purpose of funding, on a
limited-term basis, 6.0
positions in the Federal
Policy and Programs
Division. Those positions
shall be continued
until a sale or other
authorized transaction is
completed pursuant to
Chapter 182 of the
Statutes of 2007, which
is anticipated to occur
in the 2009-10 fiscal
year.
(b) Additionally, this item
reflects an increase of
$1,010,000 available on a
one-time basis for
necessary moving costs,
furnishings, and
equipment associated with
relocation of the Student
Aid Commission. Not later
than August 1, 2008, the
commission shall detail
and submit for approval
to the Department of
Finance, and for
informational purposes to
the Chairperson of the
Joint Legislative Budget
Committee, all one-time
costs estimated to be
necessary for relocation
of the commission. Any
funds remaining shall be
available for any
expenses that may be
necessary or convenient
to further the intent of
the sale or other
authorized transaction of
EdFund pursuant to
Chapter 182 of the
Statutes of 2007 upon the
written approval of the
Department of Finance.
SEC. 105. Item 7980-001-0890 of Section 2.00 of the Budget Act of
2008 is amended to read:
7980-001-0890--For support of Student Aid
Commission, Cash for College Program, for
payment to Item 7980-001-0001, payable
from the Federal Trust Fund............... 130,000
SEC. 106. Item 7980-101-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
7980-101-0001--For local assistance,
Student Aid Commission...................... 823,984,000
Schedule:
(1) 15-Financial Aid
Grants Program........ 885,669,000
(2) Reimbursements........ -19,514,000
(3) Amount payable from
the Federal Trust
Fund (Item 7980-101-
0890)................. -18,171,000
(4) Amount payable from
the Student Loan
Operating Fund (Item
7980-101-0784)........ -24,000,000
Provisions:
1. Funds appropriated in Schedule (1)
are for 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 Division 5 of
Title 3 of the Education
Code.
(b) Grants under the Law
Enforcement Personnel
Dependents Scholarship
Program pursuant to
Section 4709 of the Labor
Code.
(c) California Student
Opportunity and Access
Program contract
agreements under Article 4
(commencing with Section
69560) of Chapter 2 of
Part 42 of Division 5 of
Title 3 of the Education
Code.
(d) The purchase of loan
assumptions under Article
5 (commencing with
Section 69612) of Chapter
2 of Part 42 of Division 5
of Title 3 of the
Education Code. The
Student Aid Commission
shall issue 8,000 new
warrants.
(e) The purchase of loan
assumptions under the
Graduate Assumption
Program of Loans for
Education pursuant to
Article 5.5 (commencing
with Section 69618) of
Chapter 2 of Part 42 of
Division 5 of Title 3 of
the Education Code.
(f) The purchase of loan
assumptions under the
State Nursing Assumption
Program of Loans for
Education (SNAPLE)
Employees of State
Facilities Program
pursuant to Article 2
(commencing with Section
70120) of Chapter 3 of
Part 42 of Division 5 of
Title 3 of the Education
Code.
(g) The purchase of loan
assumptions under the
State Nursing Assumption
Program of Loans for
Education (SNAPLE)
pursuant to Article 1
(commencing with Section
70100) of Chapter 3 of
Part 42 of Division 5 of
Title 3 of the Education
Code.
(h) The Student Aid Commission
shall report by April 1,
2009, on the State Nursing
Assumption Program of
Loans for Education,
pursuant to the reporting
requirements of Section
70108 of the Education
Code.
(i) Of the amount appropriated
in Schedule (1), $297,000
is provided for loan
assumption payments to
participants in the
National Guard Assumption
Program of Loans for
Education pursuant to
Article 12.5 (commencing
with Section 69750) of
Chapter 2 of Part 42 of
the Education Code.
(j) Notwithstanding
subdivision (c) of Section
69613.8 of the Education
Code, any Assumption
Program of Loans for
Education participant who
meets the requirements of
subdivision (a) or (b) of
Section 69613.8 of the
Education Code may receive
the additional loan
assumption benefits
authorized by those
subdivisions.
2. If federal trust funds for the
2008-09 fiscal year exceed
budgeted levels for the Leveraging
Educational Assistance Partnership
Program (LEAP) and the Special
Leveraging Educational Assistance
Partnership Program (SLEAP), 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, notwithstanding
subdivision (k) of Section 69432.7
of the Education Code, whose
income or family's gross income
does not exceed $88,300 for the
purpose of determining recipients
for the 2008-09 award year.
4. Notwithstanding any other
provision of law, the maximum
award for:
(a) New recipients attending
private and independent
institutions shall be
$9,708.
(b) All recipients receiving
Cal Grant B access awards
shall be $1,551.
(c) All recipients receiving
Cal Grant C tuition and
fee awards shall be $2,592.
(d) All recipients receiving
Cal Grant C book and
supply awards shall be
$576.
5. Of the funds appropriated in this
item, $7,349,000 is for the
California Student Opportunity and
Access Program established
pursuant to Article 4 (commencing
with Section 69560) of Chapter 2
of Part 42 of Division 5 of Title
3 of the Education Code, as
amended in the current legislative
session, and shall be available to
provide financial aid awareness
and outreach to students who are
preparing to enter, or are
currently enrolled in, college. Of
this amount, $1,000,000 is
dedicated for career technical
education and the resulting career
opportunities. The Student Aid
Commission shall consult with the
State Department of Education and
the Chancellor's Office of the
California Community Colleges in
determining the projects and
activities for these funds. This
provision reflects funds
anticipated from the College
Access Challenge Grant Program
authorized by HR 2669 for the
federal 2007-08 and 2008-09 fiscal
years.
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 Division 5 of Title 3
of the Education Code.
7. Pursuant to Chapter 403 of the
Statutes of 2000 and
notwithstanding any other
provision of law, the Director of
Finance may authorize the
augmentation, from the Special
Fund for Economic Uncertainties
established pursuant to Section
16418 of the Government Code, of
the annual amount appropriated for
the purposes of making Cal Grant
awards pursuant to Chapter 1.7
(commencing with Section 69430) of
Part 42 of Division 5 of Title 3
of the Education Code, as
necessary to fully fund the number
of awards required to be granted
by that chapter. No augmentation
may be authorized under this
provision sooner than 30 days
after the Director of Finance
provides written notice of the
proposed augmentation to the
Chairperson of the Joint
Legislative Budget Committee and
the chairpersons of the committees
in each house of the Legislature
that consider appropriations, nor
sooner than whatever lesser time
those persons, or their
designees, may in each instance
determine.
8. The Student Aid Commission is
authorized to issue 100 new
warrants for the State Nursing
Assumption Program of Loans for
Education (SNAPLE) Employees of
State Facilities Program pursuant
to Article 2 (commencing with
Section 70120) of Chapter 3 of
Part 42 of Division 5 of Title 3
of the Education Code.
9. The Student Aid Commission shall
issue 100 new State Nursing
Assumption Program of Loans for
Education (SNAPLE) warrants
pursuant to Article 1 (commencing
with Section 70100) of Chapter 3
of Part 42 of Division 5 of Title
3 of the Education Code.
10. Of the funds appropriated in
Schedule (1), as reimbursed from
federal trust funds in Schedule
(3), $200,000 is for the Cash for
College Program.
SEC. 107. Item 7980-101-0890 of Section 2.00 of the Budget Act of
2008 is amended to read:
7980-101-0890--For local assistance,
Student Aid Commission, for payment to
Item 7980-101-0001, payable from the
Federal Trust Fund......................... 18,171,000
Provisions:
1. Of the funds appropriated in
this item, $10,622,000 is
available for the Leveraging
Educational Assistance
Partnership Program (LEAP) and
Special Leveraging Educational
Assistance Partnership Program
(SLEAP).
2. Of the funds appropriated in
this item, $200,000 is
available for the Cash for
College Program. This amount
reflects funds anticipated
from the new College Access
Challenge Grant Program
authorized in HR 2669 for the
2007-08 and 2008-09 federal
fiscal years.
3. Of the funds appropriated in
this item, $7,349,000 is
available for the California
Student Opportunity and Access
Program (Cal-SOAP). This
amount reflects funds
anticipated from the New
College Access Challenge Grant
Program authorized in HR 2669
for the 2007-08 and 2008-09
federal fiscal years.
SEC. 108. Item 8380-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
8380-001-0001--For support of Department of
Personnel Administration...................... 6,285,000
Schedule:
(1) 10-Classification and
Compensation........... 6,442,000
(2) 20-Labor Relations..... 3,480,000
(3) 25-Legal............... 7,947,000
(4) 40.01-Administration... 4,370,000
(5) 40.02-Distributed
Administration......... -4,457,000
(6) 54-Benefits
Administration......... 32,972,000
(7) Reimbursements......... -19,254,000
(8) Amount payable from
the Flexelect Benefit
Fund (Item 8380-001-
0821).................. -1,183,000
(9) Amount payable from
the Deferred
Compensation Plan Fund
(Item 8380-001-
0915).................. -13,837,000
(10) Amount payable from
the Vision Care
Program for State
Annuitants Fund (Item
8380-001-8049)......... -6,500,000
(11) Amount payable from
the Central Service
Cost Recovery Fund
(Item 8380-001-9740)... -3,695,000
Provisions:
1. The Department of Personnel
Administration may use funds
appropriated in this item to
complete comprehensive salary
surveys that include private and
public employers, geographical
data, and total compensation. The
department 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.
2. Of the funds appropriated in this
item, $350,000 may be spent by the
Department of Personnel
Administration to contract with one
or more recruitment contractors
to locate and develop a pool of
prospective health care
professionals for various state
departments that employ medical,
mental health, or dental
professionals. It is the intent of
the Legislature that these
contracts will be structured on a
performance basis with payments
tied to the successful hiring of
state staff. Should the Director of
Finance, upon receiving a
recommendation of the Director of
the Department of Personnel
Administration, determine that it
would be in the interests of the
state to expand the dollar amount
committed to this project, he or
she may submit to the Chairperson
of the Joint Legislative Budget
Committee and the Legislative
Analyst a report describing the
number of individuals who have been
successfully hired to permanent
positions in affected departments
as a result of the recruitment
contractors' work to date and the
anticipated benefits (including
funds that affected departments
would revert to the State Treasury
due to decreased overtime and
contracted personnel costs)
that would result from an expansion
of the funds committed to this
project. Not less than 30 days
after submitting the report
described above, the Director of
Finance may augment this item by an
amount not exceeding $1,500,000 in
order to increase health care
personnel recruitment efforts.
SEC. 109. Item 8660-001-0042 of Section 2.00 of the Budget Act of
2008 is amended to read:
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...................................... 3,280,000
SEC. 110. Item 8660-001-0046 of Section 2.00 of the Budget Act of
2008 is amended to read:
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....................... 3,423,000
SEC. 111. Item 8660-001-0412 of Section 2.00 of the Budget Act of
2008 is amended to read:
8660-001-0412--For support of Public
Utilities Commission, for payment to Item
8660-001-0462, payable from the
Transportation Rate Fund.................. 2,702,000
SEC. 112. Item 8660-001-0461 of Section 2.00 of the Budget Act of
2008 is amended to read:
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..................... 10,681,000
SEC. 113. Item 8660-001-0462 of Section 2.00 of the Budget Act of
2008 is amended to read:
8660-001-0462--For support of Public
Utilities Commission, payable from the
Public Utilities Commission Utilities
Reimbursement Account...................... 77,148,000
Schedule:
(1) 10-Regulation
of Utilities........ 120,360,000
(2) 15-Universal
Service Telephone
Programs............ 663,655,000
(3) 20-Regulation of
Transportation...... 19,588,000
(4) 30.01-
Administration...... 29,123,000
(5) 30.02-Distributed
Administration...... -29,123,000
(6) Reimbursements...... -14,874,000
(6.5) Reimbursement to
the Office of
Ratepayer Advocates. -3,910,000
(7) Amount payable from
the State Highway
Account, State
Transportation Fund
(Item 8660-001-
0042)............... -3,280,000
(8) Amount payable from
the Public
Transportation
Account, State
Transportation Fund
(Item 8660-001-
0046)............... -3,423,000
(9) Amount payable from
the Transportation
Rate Fund (Item
8660-001-0412)...... -2,702,000
(10) Amount payable from
the Public
Utilities
Commission
Transportation
Reimbursement
Account (Item 8660-
001-0461)........... -10,681,000
(11) Amount payable from
California High-
Cost Fund-A
Administrative
Committee Fund
(Item 8660-001-
0464)............... -56,361,000
(12) Amount payable from
California High-
Cost Fund-B
Administrative
Committee Fund
(Item 8660-001-
0470)............... -196,148,000
(13) Amount payable from
Universal Lifeline
Telephone Service
Trust
Administrative
Committee Fund
(Item 8660-001-
0471)............... -308,154,000
(14) Amount payable from
Deaf and Disabled
Telecommunications
Program
Administrative
Committee Fund
(Item 8660-001-
0483)............... -69,046,000
(15) Amount payable from
Payphone Service
Providers Committee
Fund (Item 8660-001-
0491)............... -495,000
(16) Amount payable from
California
Teleconnect Fund
Administrative
Committee Fund
(Item 8660-001-
0493)............... -33,451,000
(17) Amount payable from
the Federal Trust
Fund (Item 8660-001-
0890)............... -1,272,000
(18) Amount payable from
the Public
Utilities
Commission
Ratepayer Advocate
Account (Item 8660-
001-3089)........... -22,658,000
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.
SEC. 114. Item 8660-011-0470 is added to Section 2.00 of the
Budget Act of 2008, to read:
8660-011-0470--For transfer by the
Controller from the California High-Cost
Fund-B Administrative Committee Fund to
the General Fund........................... (35,000,000)
Provisions:
1. The amount transferred in this
item is a loan to the General
Fund and shall be repaid by
June 30, 2011. Repayment shall
be made so as to ensure that
the programs supported by the
California High-Cost Fund-
B Administrative Committee
Fund are not adversely
affected by the loan.
SEC. 115. Item 8660-011-0471 is added to Section 2.00 of the
Budget Act of 2008, to read:
8660-011-0471--For transfer by the
Controller from the Universal Lifeline
Telephone Service Trust Administrative
Committee Fund to the General Fund......... (30,000,000)
Provisions:
1. The amount transferred in this
item is a loan to the General
Fund and shall be repaid by
June 30, 2011. Repayment shall
be made so as to ensure that
the programs supported by the
Universal Lifeline Telephone
Service Trust Administrative
Committee Fund are not
adversely affected by the loan.
SEC. 116. Item 8660-011-0483 is added to Section 2.00 of the
Budget Act of 2008, to read:
8660-011-0483--For transfer by the
Controller from the Deaf and Disabled
Telecommunications Program Administrative
Committee Fund to the General Fund......... (85,000,000)
Provisions:
1. The amount transferred in this
item is a loan to the General
Fund and shall be repaid by
June 30, 2011. Repayment shall
be made so as to ensure that
the programs supported by the
Deaf and Disabled
Telecommunications Program
Administrative Committee Fund
are not adversely affected by
the loan.
SEC. 117. Item 8860-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
8860-001-0001--For support of Department of
Finance...................................... 16,243,000
Schedule:
(1) 10-Annual Financial
Plan.................. 22,767,000
(2) 15-Statewide Systems
Development........... 1,915,000
(3) 20-Program and
Information System
Assessments........... 12,699,000
(4) 30-Supportive Data.... 12,603,000
(5) 40.01-Administration.. 8,230,000
(6) 40.02-Distributed
Administration........ -5,595,000
(7) Reimbursements........ -19,679,000
(8) Amount payable from
Unallocated Special
Funds (Item 8860-011-
0494)................. -547,000
(9) Amount payable from
Unallocated Bond
Funds-- Select (Item
8860-011-0797)........ -120,000
(10) Amount payable from
Other Unallocated
Nongovernmental Cost
Funds (Item 8860-011-
0988)................. -327,000
(11) Amount payable from
Local Streets and
Road Improvement,
Congestion Relief,
and Traffic Safety
Account of 2006,
Highway Safety,
Traffic Reduction,
Air Quality, and Port
Security Fund of 2006
(Item 8860-001-6065).. -119,000
(12) Amount payable from
Central Service Cost
Recovery Fund (Item
8860-001-9740)........ -15,584,000
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 2008-09 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,
2008, 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's
Office-- 45 copies, the
Office of the Legislative
Counsel-- six copies,
offices of the Members of
the Legislature-- 120
copies, the Rules
Committees of the Assembly
and Senate-- 5 copies
each, 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,
131 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 129
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.
Whenever the Department of
Finance submits to the
Legislature changes to the
Governor's Budget or to
the Budget Bill, these
requests shall be provided
in hard copy form to the
Legislature including the
appropriate staff of the
fiscal committees and the
Legislative Analyst's
Office. Whenever the
Department of Finance
releases a document
summarizing changes
proposed for the
Governor's Budget or to
the Budget Bill, the
Department of Finance
shall provide the
summaries in hard copy
form to the Legislature
including the appropriate
staff of the fiscal
committees and the
Legislative Analyst's
Office.
(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, 2009, for the
purpose of providing
continuity of services.
SEC. 118. Item 8880-001-9737 of Section 2.00 of the Budget Act of
2008 is amended to read:
8880-001-9737--For support of Financial
Information System for California, payable
from the FI$Cal Internal Service Fund........ 37,650,000
Schedule:
(1) 15-Statewide Systems
Development........... 39,825,000
(2) Amount payable from
General Fund (Item
8880-001-0001)........ -2,175,000
Provisions:
1. The Department of Finance is
authorized to approve and make
expenditures from this item until
the Office of the Financial
Information System for California
is established through
legislation.
2. Control agency delegations for
administrative services approved
for the administrative services
provider department to the
Financial Information System for
California (FI$Cal) project shall
be extended to the FI$Cal project
and the FI$Cal Office until such
time as the project and office
obtain separate delegation
approvals.
SEC. 119. Item 8940-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
8940-001-0001--For support of Military
Department................................. 40,326,000
Schedule:
(1) 10-Army National
Guard............... 71,658,000
(2) 20-Air National
Guard............... 20,821,000
(3) 30.01-Office of the
Adjutant General.... 10,786,000
(4) 30.02-Distributed
Office of the
Adjutant General.... -10,699,000
(5) 35-Military Support
to Civil Authority.. 19,090,000
(6) 40-Military
Retirement.......... 3,035,000
(7) 50-California Cadet
Corps............... 330,000
(8) 55-California State
Military Reserve.... 456,000
(9) 65-California
National Guard
Youth Programs.. 16,592,000
(11) Reimbursements...... -18,870,000
(12) Amount payable from
the Armory
Discretionary
Improvement Account
(Item 8940-001-
0485)............... -150,000
(13) Amount payable from
the Federal Trust
Fund (Item 8940-001-
0890)............... -72,723,000
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.
3. Of the funds appropriated in
this item, $604,000 shall be
used to provide mandatory
employee compensation increases
for state active duty employees,
as follows: (a) $302,000 shall
provide the remaining half-year
funding needed for the
compensation increase effective
January 1, 2008; (b) $302,000
shall provide half-year funding
for a compensation increase
effective January 1, 2009, and
shall only be available for
expenditure upon passage of a
federal active duty compensation
increase in the federal budget.
The funds provided in this
paragraph shall be expended
pursuant to Sections 320 and 321
of the Military and Veterans
Code, which requires state
active duty employees to receive
the same compensation increases
as their counterparts on federal
active duty. Any unspent funds
pursuant to this paragraph shall
revert to the General Fund.
SEC. 119.5. Item 9210-101-0001 of Section 2.00 of the Budget Act
of 2008 is amended to read:
9210-101-0001--For local assistance, Local
Government Financing....................... 214,200,000
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,
2010. These funds shall be
used to supplement and not
supplant existing services.
SEC. 120. Item 9210-105-0001 is added to Section 2.00 of the
Budget Act of 2008, to read:
9210-105-0001--For local assistance, Local 31,500,00
Government Financing......................... 0
Provisions:
1. For reimbursement of actual
costs incurred by cities and
other entities for local
detention facilities
subventions, charged pursuant
to subdivision (a) of Section
29552 of the Government Code
during the 2007-08 fiscal year.
Any funds not disbursed shall
revert to the General Fund no
later than June 30, 2009.
2. No later than December 1, 2008,
the Controller shall allocate
the funds appropriated in this
item to all eligible cities and
other entities, and shall
certify to the Director of
Finance the actual amount of
moneys allocated for the
payment of local detention
facilities subventions, as
described in Section 29552 of
the Government Code. Any city
or other entity that applies
for funding pursuant to this
item shall comply with all
requests made by the Controller.
3. The Controller shall reduce
payments proportionally if the
amount appropriated in this
item is not sufficient to pay
all valid claims in full.
SEC. 121. Item 9350-104-6065 is added to Section 2.00 of the
Budget Act of 2008, to read:
9350-104-6065--Local assistance-shared
revenues for support of Local Streets and
Road Improvement, Congestion Relief, and
Traffic Safety Account of 2006, Highway
Safety, Traffic Reduction, Air Quality, and 250,000,
Port Security Fund of 2006.................... 000
Provisions:
1. Of the funds appropriated in this
item, $187,000,000 is for
allocation to cities or a city and
county and $63,000,000 is for
allocation to counties or a city
and county.
2. The Controller shall allocate these
funds to cities or a city and
county, on a first-come, first-
served basis, following
notification from the Department of
Finance that the city or city and
county has submitted a complete
plan for the expenditure of these
funds, pursuant to subdivision (b)
of Section 8879.65 of the
Government Code.
3. For purposes of this item, the
following conditions shall apply
for cities or a city and county
receiving funds:
(a) A city or city and county
shall have received its full
allocation for the 2007-08
fiscal year.
(b) A city or city and county
shall have submitted
information for the 2007-08
fiscal year allocation as
required in subdivision (c)
of Section 8879.65 of the
Government Code.
(c) A city or city and county
shall agree that funds from
the 2008-09 fiscal year
allocation will be used for
projects that are not
currently fully funded with
a dedicated funding source
or sources.
(d) A city or city and county
shall agree to encumber
funds from the 2008-09
fiscal year allocation
before July 1, 2009.
(e) A city or city and county
shall report to the
Department of Finance the
total balance of
unencumbered funds in the
city's or city and county's
existing account as
described in subparagraphs
(A) and (C) of paragraph (2)
of subdivision (l) of
Section 8879.23 of the
Government Code.
(f) A city or city and county
shall certify that the total
balance of unencumbered
funds in the account as
described in subparagraphs
(A) and (C) of paragraph (2)
of subdivision (l) of
Section 8879.23 of the
Government Code is no more
than the sum balance of
three months of anticipated
income from the Highway
Users Tax Account in the
Transportation Tax Fund, as
described in Sections 2104,
2105, 2106, 2107, and 2107.5
of the Streets and Highways
Code, and from the
Transportation Investment
Fund, as described in
Section 7104 of the Revenue
and Taxation Code. If a city
or city and county has an
unencumbered balance that
exceeds the sum balance of
the three months of
anticipated income from the
Highway Users Tax Account in
the Transportation Tax Fund
and the Transportation
Investment Fund, the city or
city and county shall reduce
its existing unencumbered
road fund balance, before
the next report submitted to
the Controller pursuant to
Section 2151 of the Streets
and Highways Code, by either
of the following:
(1) By an amount
equivalent to the
allocation received
under this
subdivision.
(2) Until the
unencumbered balance
is no more than the
sum balance of three
months of
anticipated income
from the Highway
Users Tax Account in
the Transportation
Tax Fund and the
Transportation
Investment Fund.
(g) For the purpose of this
item, ""unencumbered'' means
any portion of funding that
is not designated, through
prior approval by the city
council, for use on the
planning, review, design, or
construction phase of a
project currently underway
at the time of the road
fund report.
4. These funds shall be available for
allocation by the Controller until
June 30, 2011.
SEC. 122. Section 4.07 of the Budget Act of 2008 is amended to
read:
Sec. 4.07. (a) The Director of Finance shall reduce General Fund
appropriations in the 2008-09 fiscal year by a total of $50,000,000.
To the extent practical, these reductions shall capture savings in
departmental personal services budgets resulting from position
vacancies that, in the aggregate, exceed those estimated for purposes
of salary savings in each applicable appropriation item. The
reductions may include, but are not limited to, savings related to
the elimination of vacant positions in the 2008-09 fiscal year or in
other fiscal years pursuant to Section 12439 of the Government Code.
(b) The Director of Finance shall not reduce, pursuant to
subdivision (a), the amounts appropriated for the following: higher
education; the judicial branch; the Legislature; the Legislative
Counsel Bureau; constitutional officers; debt service, including, but
not limited to, tobacco settlement revenue shortfall, payment of
interest on General Fund loans, and interest payments to the federal
government; health and dental benefits for annuitants; equity claims
before the California Victim Compensation and Government Claims
Board; or augmentations for contingencies or emergencies, unless the
savings identified would not negatively affect program needs as
provided for in this act or current law, and provided that the
affected entity or the state official responsible for that
expenditure concurs with the reduction.
(c) Nothing within this section shall be construed to confer any
authority upon the Director of Finance to modify or eliminate any
other provision of existing law.
(d) Not later than April 15, 2009, the Director of Finance shall
report to the Chairperson of the Joint Legislative Budget Committee
and the chairpersons of the committees of each house of the
Legislature that consider appropriations the amount of reductions
made in each item of appropriation pursuant to this section. The
report shall include at least the following: the total dollar amount
of vacancy-related reductions by department and agency; the savings
achieved related to positions abolished by Section 12439 of the
Government Code; the savings from position vacancies unrelated to
Section 12439 of the Government Code; the positions and the amount of
savings that the Administration proposes as permanent, if any; a
description of any major programmatic effects relating to the
reductions; and any other description necessary to fully disclose the
reduction's impact.
(e) If reductions related to position vacancies are not sufficient
to reduce General Fund appropriations by a total of $50,000,000, the
Director of Finance shall make reductions that are not related to
position vacancies in order to achieve the total reduction required
in subdivision (a). In the report described in subdivision (d), the
Director of Finance shall include a description of each reduction by
department, agency, and program; whether those reductions are
proposed to be one-time or ongoing; a description of any major
programmatic effects related to those reductions; and any other
description necessary to fully disclose the impact of those
reductions.
(f) A state operations appropriation and a program, project, or
function designated in any line of any schedule set forth by that
appropriation may not be reduced pursuant to this section by more
than 20 percent. A local assistance appropriation and a program,
project, or function designated in any line of any schedule set forth
by that appropriation may not be reduced pursuant to this section by
more than 5 percent.
SEC. 122.5. Section 12.32 of the Budget Act of 2008 is amended to
read:
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
chairpersons of the committees in each house of the Legislature that
consider 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 Division 3 of Title 2 of the Education Code, the total
appropriations for Proposition 98 for the 2008-09 fiscal year are
$41,949,000,000 or 42.5 percent of total General Fund revenues and
transfers subject to the state appropriations limit. General Fund
revenues appropriated for school districts are $37,540,946,000 or
38.0 percent of total General Fund revenues and transfers subject to
the state appropriations limit. General Fund revenues appropriated
for community college districts are $4,301,706,000 or 4.4 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
$106,348,000 or 0.1 percent of total General Fund revenues and
transfers subject to the state appropriations limit.
SEC. 123. Section 24.85 of the Budget Act of 2008 is amended to
read:
Sec. 24.85. (a) Notwithstanding any other provision of law, the
Director of Finance is authorized to reimburse General Fund
expenditures for the purpose of offsetting the costs of the
Home-to-School Transportation Program for the 2008-09 fiscal year
from the Public Transportation Account. A sum not to exceed
$588,826,000 from the Public Transportation Account may be used to
reimburse General Fund expenditures for the Home-to-School
Transportation Program. The total reimbursement shall not reduce the
balance in the Public Transportation Account below a prudent reserve
as determined by the Director of Finance.
(b) It is not the intent of the Legislature in enacting this
section to provide additional expenditure authority to state
programs.
(c) Funds provided from the Public Transportation Account for this
purpose are derived from the sales tax on fuels and are dedicated to
mass transportation purposes pursuant to Section 99310.5 of the
Public Utilities Code. The Legislature hereby finds that transporting
students to schools is a component of the state's mass
transportation program.
SEC. 124. Section 35.20 is added to the Budget Act of 2008, to
read:
Sec. 35.20. If legislation is enacted amending Section 13302 of
the Government Code to allow the accrual of tax payments due more
than two months after the close of the fiscal year for transactions
occurring in the prior fiscal year, the Department of Finance shall
provide guidance pursuant to Section 13310 of the Government Code
with respect to the methodology to be employed in determining
accruals and the timing of implementation of any changes in tax
accrual practices. This change to accrual treatment of corporation
and franchise tax payments and all of the change to the treatment of
personal income tax payments shall apply to the 2007-08 fiscal year.
SEC. 125. Section 35.50 of the Budget Act of 2008 is amended to
read:
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 before any
transfer to the Budget Stabilization Account.
(b) For purposes of subdivision (f) of Section 12 of Article IV of
the California Constitution, "all appropriations from the General
Fund for that fiscal year" shall not include any transfer to the
Budget Stabilization Account to retire Economic Recovery Bonds
because that amount is reflected in the "amount of any General Fund
moneys transferred to the Budget Stabilization Account."
(c) For purposes of subdivision (f) of Section 12 of Article IV of
the California Constitution, the estimate of General Fund revenues
for the 2008-09 fiscal year pursuant to this act, as passed by the
Legislature, is $106,355,000,000.
(d) For purposes of subdivision (b) of Section 20 of Article XVI
of the California Constitution, General Fund revenues shall be
defined as revenues and transfers before any transfer to the Budget
Stabilization Account, excluding any proceeds from Economic Recovery
Bonds, as estimated in the enacted State Budget.
SEC. 126. Sections 1 to 125, inclusive, of this act shall become
operative only if the Budget Act of 2008, Assembly Bill 1781, as
proposed by Conference Report No. 1 on July 17, 2008, is enacted and
becomes effective on or before January 1, 2009.
SEC. 127. 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 for the support of the government of
the State of California and for several public purposes for the
2008-09 fiscal year. It is imperative that these appropriations be
made effective as soon as possible. It is therefore necessary that
this act go into immediate effect.