BILL NUMBER: SB 78 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 19, 2007
AMENDED IN ASSEMBLY JULY 16, 2007
INTRODUCED BY Committee on Budget and Fiscal Review
Senator Ducheny
JANUARY 17, 2007
An act relating to the Budget Act of 2007
to amend and supplement the Budget Act of 2007 by amending Items
0502-001-9730, 0510-001-0001, 0855-001-0367, 1111-003-0001,
1760-001-0001, 1760-001-0666, 2660-001-0042, 2665-001-0046,
2720-001-0044, 3790-001-0001, 3900-001-0044, 3900-001-0115,
3910-001-0387, 3940-001-0001, 3940-001-0193, 4200-101-0001,
4200-101-3019, 4200-105-0001, 4280-101-0001, 4280-111-0232,
4280-111-0233, 4280-112-0232, 4280-112-0233, 4440-011-0001,
4440-103-0001, 4440-115-0001, 5180-101-0001, 5180-101-0514,
5180-101-0890, 5180-111-0001, 5180-141-0001, 5180-141-0890,
5180-151-0001, 5180-403, 5225-101-0001, 6110-009-0001, 6110-111-0001,
6110-113-0001, 6110-188-0001, 6110-227-0001, 6110-485, 6110-495,
7100-001-0514, 7100-001-0870, 8860-001-0001,
8860-002-0001, and 9350-104-6065, of, by adding Items 0690-001-6061,
0690-001-6073, 0690-101-6061, 0690-101-6073, 2660-004-6072,
2660-104-6072, 2660-304-6072, 4280-111-0236, and 6110-111-0046 to,
and by repealing Items 0690-001-6054, 0690-101-6054, 2660-004-6053,
2660-004-6056, 2660-004-6060, 2660-104-6053, 2660-104-6056,
2660-104-6060, 2660-304-6053, and 2660-304-6056 of, Section 2.00 of,
and by amending Sections 4.05, 12.32, and 35.50 of, and by adding
Sections 9.00, 11.15, 24.80, and 29.50 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
SB 78, as amended, Committee on Budget and Fiscal Review
Ducheny . Budget Act of 2007.
SB 77, as proposed by Conference Report No. 1 on July 9, 2007,
would make appropriations for the support of state government for the
2007-08 fiscal year.
This bill would express the intent of the Legislature to
make statutory changes relating to the Budget Act of 2007
amend and supplement the Budget Act of 2007 by revising items of
appropriation for the Office of the Chief Information Officer; the
Secretary of State and Consumer Services; the Office of Emergency
Services; the California Gambling Control Commission; the Department
of Consumer Affairs; the Department of General Services; the
Department of Transportation; the Department of the California
Highway Patrol; the Department of Parks and Recreation; the
State Air Resources Board; the California Integrated Waste Management
Board; the State Water Resources Control Board; the State Department
of Alcohol and Drug Programs; the Managed Risk Medical Insurance
Board; the State Department of Mental Health; the State Department of
Social Services; the Department of Corrections and Rehabilitation;
the State Department of Education; the Employment Development
Department; and the Department of Finance .
This bill would become operative only if SB 77, as proposed by
Conference Report No. 1 on July 9, 2007, is enacted on or before
January 1, 2008.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature
to make statutory changes relating to the Budget Act of 2007.
SECTION 1. Item 0502-001-9730 of Section 2.00 of
the Budget Act of 2007 is amended to read:
0502-001-9730--For support of the Office of
the Chief Information Officer, payable from
the Department of Technology Services
Revolving Fund............................... 3,500,000
4,640,000
Schedule:
(1) Office of the Chief
Information Officer........ 3,500,000
4,640,000
Provisions:
1. By March 1, 2008, the Office of the
Chief Information Officer shall
deliver a five-year project plan for
achieving the administration's
stated direction of improving the
state's information technology (IT)
effectiveness. The project plan
shall include a timeline,
milestones, and well-defined
deliverables that include, but are
not limited to: (a) a minimum skill
set for state IT project managers,
including the state budgeting and
contracting processes, (b) a process
by which IT project managers will be
certified to the minimum skill level
before they assume an IT project
leadership assignment, and (c) a
process for identifying and applying
current technologies to enable data
sharing across state systems as a
means to reduce state business and
IT process redundancy and
inefficiencies.
SEC. 2. Item 0510-001-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
0510-001-0001--For support of Secretary of
State and Consumer Services.................. 804,000
1,649,000
Schedule:
(1) Support.................... 1,426,000
2,271,000
(2) Reimbursements............. -622,000
SEC. 3. Item 0690-001-6054 of Section 2.00 of the
Budget Act of 2007 is repealed.
0690-001-6054--For support of the Office
of Emergency Services, for payment to
Item 0690-001-0001, payable from the Port
and Maritime Security Account............. 1,105,000
SEC. 4. Item 0690-001-6061 is added to Section
2.00 of the Budget Act of 2007, to read:
0690-001-6061--For support of the Office
of Emergency Services, for payment to
Item 0690-001-0001, payable from the
Transit System Safety, Security, and
Disaster Response Account................. 1,456,000
SEC. 5. Item 0690-001-6073 is added to Section 2.00 of
the Budget Act of 2007, to read:
0690-001-6073--For support of the Office
of Emergency Services, for payment to
Item 0690-001-0001, payable from the Port
and Maritime Security Account............. 1,105,000
SEC. 6. Item 0690-101-6054 of Section 2.00 of the
Budget Act of 2007 is repealed.
0690-101-6054--For local assistance, Office
of Emergency Services, payable from the
Port and Maritime Security Account.......... 40,000,000
Schedule:
(1) 10-Support of Office
of Homeland Security. 40,000,000
SEC. 7. Item 0690-101-6061 is added to Section
2.00 of the Budget Act of 2007, to read:
0690-101-6061--For support of the Office
of Emergency Services, payable from the
Transit System Safety, Security, and
Disaster Response Account.................. 100,000,000
Schedule:
(1) 10-Support of Office
of Homeland Security.. 100,000,000
SEC. 8. Item 0690-101-6073 is added to Section 2.00 of
the Budget Act of 2007, to read:
0690-101-6073--For local assistance, Office
of Emergency Services, payable from the
Port and Maritime Security Account.......... 40,000,000
Schedule:
(1) 10-Support of Office
of Homeland Security. 40,000,000
SEC. 9. Item 0855-001-0367 of Section 2.00 of the
Budget Act of 2007 is amended to read:
0855-001-0367--For support of California
Gambling Control Commission, payable from the
Indian Gaming Special Distribution Fund....... 7,129,000
8,029,000
Schedule:
(1) 10-California Gambling
Control Commission.......... 7,129,000
8,029,000
SEC. 10. Item 1111-003-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
1111-003-0001--For support of Office of
Privacy Protection, Department of Consumer
Affairs..................................... 826,000
395,000
Schedule:
(1) 40-Office of Privacy
Protection................. 861 430
,000
(2) Reimbursements............. -35,000
SEC. 11. Item 1760-001-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
1760-001-0001--For support of Department
of General Services, for payment to Item
1760-001-0666.............................. 10,894,000
11,794,000
+
Provisions:
1. The amount appropriated in
this item is for State Capitol
repairs.
SEC. 12. Item 1760-001-0666 of Section 2.00 of the
Budget Act of 2007 is amended to read:
1760-001-0666--For support of Department
of General Services, payable from the
Service Revolving Fund..................... 718,655,000
Schedule:
(1) Program support...... 978,545,000
979,445,000
(2) Distributed services. -11,145,000
(3) Reimbursements-
-Lease revenue....... -129,000
(5) Amount payable from
the General Fund
(Item 1760-001-0001). -10,894,000
-11,794,000
(6) Amount payable from
the General Fund
(Item 1760-002-0001). -338,000
(7) Amount payable from
the Property
Acquisition Law
Money Account (Item
1760-001-0002)....... -4,674,000
(8) Amount payable from
the Motor Vehicle
Parking Facilities
Moneys Account (Item
1760-001-0003)....... -2,238,000
(9) Amount payable from
the State Emergency
Telephone Number
Account (Item 1760-
001-0022)............ -2,308,000
(10) Amount payable from
the State Motor
Vehicle Insurance
Account (Item 1760-
001-0026)............ -5,534,000
(11) Amount payable from
the Indian Gaming
Special Distribution
Fund (Item 1760-001-
0367)................ -50,000
(12) Amount payable from
the Seismic Gas
Valve Certification
Fee Account (Item
1760-001-0450)....... -75,000
(13) Amount payable from
the Energy Resources
Programs Account
(Item 1760-001-0465). -1,549,000
(14) Amount payable from
the Architecture
Revolving Fund (Item
1760-001-0602)....... -41,283,000
(15) Amount payable from
the State School
Building Aid Fund
(Item 1760-001-0739). -289,000
(16) Amount payable from
the State School
Deferred Maintenance
Fund (Item 1760-001-
0961)................ -153,000
(17) Amount payable from
the 2004 State
School Facilities
Fund (Item 1760-001-
6044)................ -12,525,000
(18) Amount payable from
the 2006 State
School Facilities
Fund (Item 1760-001-
6057)................ -575,000
(19) Amount payable from
the Motor Vehicle
Parking Facilities
Moneys Account (Item
1760-002-0003)....... -1,094,000
(20) Amount payable from
the Service
Revolving Fund (Item
1760-002-0666)....... -150,619,000
(21) Amount payable from
the Service
Revolving Fund (Item
1760-003-0666)....... -14,418,000
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
the carrying out of 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 2007-08
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
1760-001-0026 and 1760-001-0003
to increase authorized
expenditures by the Office of
State Publishing, the Office of
Risk and Insurance Management,
the Office of Fleet
Administration, the Office of
Energy Management, and the Office
of Public Safety Radio Services.
The augmentation shall be for the
specific purpose of enabling the
Office of State Publishing, the
Office of Risk and Insurance
Management, the Office of Fleet
Administration, the 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. The Department of General
Services shall provide an
implementation progress report to
the Department of Finance and the
appropriate fiscal committees of
the Legislature on April 1, 2009,
and on April 1, 2010, to provide
the status of the following
areas: (a) progress on meeting
statewide fleet utilization
targets, (b) disposal of vehicles
not meeting minimum utilization
standards, (c) trend of statewide
fleet size, (d) trend of
statewide fleet average fuel
efficiency, (e) timeframes
associated with producing
standard and ad hoc reports, and
(f) savings and cost avoidances
achieved to date and potential
for additional savings and cost
avoidances.
SEC. 13. Item 2660-001-0042 of Section 2.00 of the
Budget Act of 2007 is amended to read:
2660-001-0042--For support of Department
of Transportation, payable from the State
Highway Account, State Transportation
Fund...................................... 2,604,048,000
Schedule:
(1) 10-Aeronautics...... 3,436,000
(2) 20.10-Highway
Transportation-
-Capital Outlay 1,610,517,0
Support............. 00
(3) 20.30-Highway
Transportation--
Local Assistance.... 41,393,000
39,829,000
(4) 20.40-Highway
Transportation--
Program Development. 75,198,000
(5) 20.65-Highway
Transportation--
Legal............... 78,337,000
(6) 20.70-Highway
Transportation--
Operations.......... 187,143,000
(7) 20.80-Highway
Transportation- 1,130,082,0
-Maintenance........ 00
(8) 30-Mass
Transportation...... 124,813,000
(9) 40-Transportation
Planning............ 104,337,000
(10) 50.00-
Administration...... 376,498,000
375,982,000
(11) 60.10-Equipment
Service Program
Costs............... 179,942,000
(11.5) 60.20-Distributed
Equipment Service -179,942,00
Program Costs....... 0
(12) Reimbursements...... -328,261,00
0
(13) Amount payable from
the Aeronautics
Account, State
Transportation Fund
(Item 2660-001-
0041)............... -3,374,000
(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- -142,503,00
0046)............... 0
(16) Amount payable from
the Historic
Property
Maintenance Fund
(Item 2660-001-
0365)............... -1,557,000
(16.5) Amount payable from
the Seismic
Retrofit Bond Fund
of 1996 (Section
8879.3 of the
Government Code).... -593,000
(17) Amount payable from
the Federal Trust
Fund (Item 2660-001- -529,838,00
0890)............... 0
(18) Amount payable from
the Transportation
Financing
Subaccount, State
Highway Account,
State
Transportation Fund
(Item 2660-001-
6801)............... -11,066,000
(19) Amount payable from
the State Route 99
Account, Highway
the Highway Safety, Traffic
Traffic Reduction, Air
Air Quality, and Port
Port Security Fund of
of 2006 (Item 2660-
004-60 53 72 )...........
-8,281,000
(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)............... -14,085,000
(22) Amount payable from
the Trade Corridors
Improvement Fund
(Item 2660-004-
6056)............... -1,427,000
(23) Amount payable from
the Transportation
Facilities Account,
Highway Safety,
Traffic Reduction,
Air Quality, and
Port Security Fund
of 2006 (Item 2660-
004-6058)........... -63,188,000
(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)............... -1,047,000
(25) 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)............... -653,000
(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)............... -86,000
(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)........... -547,000
(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)............... -21,190,000
Provisions:
1. For purposes of the funds
appropriated in Schedules (2)
to (7), inclusive, Program 20-
-Highway Transportation, upon
approval of the Department of
Finance, the Department of
Transportation shall notify the
chairpersons of the fiscal
committees of both houses of
the Legislature and the
Chairperson of the Joint
Legislative Budget Committee at
least 20 days prior to spending
funds to expand activities
above budgeted levels or to
implement a new activity not
identified in this act,
including any of those
expenditures to be funded
through a transfer of moneys
from other expenditure
categories or programs, except
in the case of emergency work
increases caused by fire, snow,
storm, or earth movement damage.
2. From funds appropriated in this
item, the Department of
Transportation may enter into
interagency agreements with the
Department of the California
Highway Patrol to compensate
that department for the cost of
work performed by patrol
officers at or near state
highway construction projects
so as to reduce the risk of
occurrence of serious motor
vehicle accidents.
3. 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.
4. Notwithstanding any other
provision of law, funding
appropriated in this item may
be transferred to Item 2660-005-
0042 to pay for any necessary
insurance, debt service, and
other financing-related
expenditures for Department of
Transportation-owned office
buildings. Any transfer will
require the prior approval of
the Department of Finance.
5. 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.
6. 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.
7. Of the funds appropriated in
Schedule (7), $588,000 is for
the maintenance of the new
Route 125 toll road in San
Diego County. This full amount
shall not be available for
expenditure until the
Department of Transportation
has entered into a contract
with the contractor for the
year in which funds are to be
expended.
8. 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 funds 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 Account 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 funds 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.
9. 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.
10. 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.
11. Of the funds appropriated in
Schedule (5), $48,600,000 is
for the payment of tort lawsuit
claims and awards. Any funds
for that purpose that are
unencumbered as of April 1,
2008, may be transferred to
Item 2660-302-0042. Any
transfer shall require the
prior approval of the
Department of Finance.
12. Of the funds appropriated in
Schedule (7), $7,167,000 shall
be used to fund expansion of
the Department of
Transportation's 800 MHz Radio
System in District 10.
13. Of the funds appropriated in
Schedule (2), $1,742,000 shall
be used to fund 2.0 positions
and contracts for the
monitoring of underground
storage tank sites.
14. Of the funds appropriated in
Schedule (6), $1,200,000 shall
be used to fund a two-year
pilot project to test the
viability of purchasing real-
time traffic data collected
from virtual traffic monitoring
stations.
15. Of the funds appropriated in
Schedules (6) and (7),
$11,206,000 shall be used for
the maintenance, engineering,
and repair of intelligent
transportation systems and the
associated field elements.
16. Of the funds appropriated in
Schedule (8), $6,552,000 shall
be available to pay for
increased Amtrak operating
costs once an agreement is
signed by both the Department
of Transportation and the
Office of State Audits and
Evaluations in the Department
of Finance for an audit of the
Department of Transportation's
intercity rail program.
Phase I of this audit, to be
completed no later than
December 31, 2007, shall
include, but not be limited to,
an accurate measure of the
daily average and peak
ridership for each segment of
Caltrans' intercity rail
routes, actual existing rail
equipment availability and
ridership capacity, train
schedules, and trainset
configurations utilized to
support ridership demand. Phase
II of this audit, to be
completed by March 31, 2008,
shall include, but not be
limited to, an accurate measure
of Caltrans' methodology for
forecasting future ridership
and rail equipment requirements.
18. Of the funds appropriated in
this item, $125,000 shall be
used for the reimbursement of
the Office of State Audits and
Evaluations within the
Department of Finance for audit
and consulting services related
to the Department of
Transportation's administration
of the workers'
compensation system. Upon
completion of the audit report,
the Office of State Audits and
Evaluations shall provide a
copy to the appropriate fiscal
committees of the Legislature
and the Legislative Analyst.
19. Notwithstanding Section 183.1
of the Streets and Highways
Code, the transfer of revenue
from the State Highway Account
in the State Transportation
Fund to the Public
Transportation Account in the
State Transportation Fund,
described in subdivision (b) of
that section, is suspended to
June 30, 2008.
SEC. 14. Item 2660-004-6053 of Section 2.00 of the
Budget Act of 2007 is repealed.
2660-004-6053--For support of Department
of Transportation, for payment to Item
2660-001-0042, payable from the Highway
Safety, Traffic Reduction, Air Quality,
and Port Security Fund of 2006............ 8,281,000
SEC. 15. Item 2660-004-6056 of Section 2.00 of the
Budget Act of 2007 is repealed.
2660-004-6056--For support of Department
of Transportation, for payment to Item
2660-001-0042, payable from the Trade
Corridors Improvement Fund................ 1,427,000
SEC. 16. Item 2660-004-6060 of Section 2.00 of the
Budget Act of 2007 is repealed.
2660-004-6060--For support of Department
of Transportation, for payment to Item
2660-001-0042, payable from the State-
Local Partnership Program Account,
Highway Safety, Traffic Reduction, Air
Quality, and Port Security Fund of 2006... 653,000
SEC. 17. Item 2660-004-6072 is added to Section
2.00 of the Budget Act of 2007, to read:
2660-004-6072--For support of Department
of Transportation, for payment to Item
2660-001-0042, payable from the State
Route 99 Account, Highway Safety, Traffic
Reduction, Air Quality, and Port Security
Fund of 2006.............................. 8,281,000
SEC. 18. Item 2660-104-6053 of Section 2.00 of the
Budget Act of 2007 is repealed.
2660-104-6053--For local assistance,
Department of Transportation, non-State
Transportation Improvement Program (STIP),
payable from the Highway Safety, Traffic
Reduction, Air Quality, and Port Security
Fund of 2006.................................. 1,000
Schedule:
(1) 20.30-Highway Transportation-
-Local Assistance............ 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, 2013.
2. Notwithstanding any other provision
of law, funds appropriated in this
item may be transferred to Item 2660-
304-6053. These transfers shall
require the prior approval of the
Department of Finance.
SEC. 19. Item 2660-104-6056 of Section 2.00 of the
Budget Act of 2007 is repealed.
2660-104-6056--For local assistance,
Department of Transportation, non-State
Transportation Improvement Program
(STIP), payable from the Trade Corridors
Improvement Fund.......................... 132,000,000
Schedule:
(1) 20.30-Highway
Transportation-
-Local
Assistance.......... 132,000,000
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, 2013.
2. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred to Item 2660-304-
6056. These transfers shall
require the prior approval of
the Department of Finance.
SEC. 20. Item 2660-104-6060 of Section 2.00 of the
Budget Act of 2007 is repealed.
2660-104-6060--For local assistance,
Department of Transportation, non-State
Transportation Improvement Program
(STIP), payable from the State-Local
Partnership Program Account, Highway
Safety, Traffic Reduction, Air Quality,
and Port Security Fund of 2006............ 200,000,000
Schedule:
(1) 20.30-Highway
Transportation-
-Local Assistance... 200,000,000
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, 2013.
SEC. 21. Item 2660-104-6072 is added to Section
2.00 of the Budget Act of 2007, to read:
2660-104-6072--For local assistance,
Department of Transportation, non-State
Transportation Improvement Program (STIP),
payable from the State Route 99 Account,
Highway Safety, Traffic Reduction, Air
Quality, and Port Security Fund of 2006....... 1,000
Schedule:
(1) 20.30-Highway Transportation-
-Local Assistance............ 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, 2013.
2. Notwithstanding any other provision
of law, funds appropriated in this
item may be transferred to Item 2660-
304-6072. These transfers shall
require the prior approval of the
Department of Finance.
SEC. 22. Item 2660-304-6053 of Section 2.00 of the
Budget Act of 2007 is repealed.
2660-304-6053--For capital outlay,
Department of Transportation, non-State
Transportation Improvement Program (STIP),
payable from the Highway Safety, Traffic
Reduction, Air Quality, and Port Security
Fund of 2006................................. 5,999,000
Schedule:
(1) 20-Highway Transportation.. 5,999,000
Provisions:
1. These funds shall be available for
allocation by the California
Transportation Commission until June
30, 2010, and available for
encumbrance and liquidation through
June 30, 2013.
2. Notwithstanding any other provision
of law, funds appropriated in this
item may be transferred to Item 2660-
104-6053. These transfers shall
require the prior approval of the
Department of Finance.
5. Notwithstanding any other provision
of law, funds appropriated in this
item may be increased by up to
$24,750,000 upon approval of the
Department of Finance.
SEC. 23. Item 2660-304-6056 of Section 2.00 of the
Budget Act of 2007 is repealed.
2660-304-6056--For capital outlay,
Department of Transportation, non-State
Transportation Improvement Program (STIP),
payable from the Trade Corridors
Improvement Fund............................ 68,000,000
Schedule:
(1) 20-Highway
Transportation....... 68,000,000
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, 2013.
2. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred to Item 2660-104-
6056. These transfers shall
require the prior approval of the
Department of Finance.
SEC. 24. Item 2660-304-6072 is added to Section
2.00 of the Budget Act of 2007, to read:
2660-304-6072--For capital outlay,
Department of Transportation, non-State
Transportation Improvement Program (STIP),
payable from the State Route 99 Account,
Highway Safety, Traffic Reduction, Air
Quality, and Port Security Fund of 2006...... 5,999,000
Schedule:
(1) 20-Highway Transportation.. 5,999,000
Provisions:
1. These funds shall be available for
allocation by the California
Transportation Commission until June
30, 2010, and available for
encumbrance and liquidation through
June 30, 2013.
2. Notwithstanding any other provision
of law, funds appropriated in this
item may be transferred to Item 2660-
104-6072. These transfers shall
require the prior approval of the
Department of Finance.
5. Notwithstanding any other provision
of law, funds appropriated in this
item may be increased by up to
$24,750,000 upon approval of the
Department of Finance.
SEC. 25. Item 2665-001-0046 of Section 2.00 of the
Budget Act of 2007 is amended to read:
2665-001-0046--For support of High-Speed Rail
Authority, Program 10-High-Speed Rail
Authority, payable from the Public
Transportation Account, State Transportation 41,159,00
Fund.......................................... 0
1,159,000
Schedule:
(1) 10-High-Speed Rail
Authority.............. 44,659,000
4,659,000
(2) Reimbursements......... -3,500,000
SEC. 26. Item 2720-001-0044 of Section 2.00 of the
Budget Act of 2007 is amended to read:
2720-001-0044--For support of Department
of the California Highway Patrol, payable
from the Motor Vehicle Account, State
Transportation Fund....................... 1,617,459,000
1,624,459,000
Schedule:
(1) 10-Traffic 1,578,686,00
Management..........
1,585,686,0 0
0
(2) 20-Regulation and
Inspection.......... 181,737,000
(3) 30-Vehicle
Ownership Security.. 42,047,000
(4) 40.01-
Administration...... 302,056,000
(5) 40.02-Distributed
Administration...... -302,056,000
(6) Reimbursements...... -106,048,000
(7) Amount payable from
the State Highway
Account (Item 2720-
001-0042)........... -57,477,000
(8) Amount payable from
the Motor Carrier
Safety Improvement
Fund (Item 2720-001-
0293)............... -2,341,000
(9) Amount payable from
the California
Motorcyclist Safety
Fund (Item 2720-
001-0840)........... -1,450,000
(10) Amount payable from
the Federal Trust
Fund (Item 2720-001-
0890)............... -15,434,000
(11) Amount payable from
the Hazardous
Substance Account,
Special Deposit
Fund (Item 2720-001-
0942)............... -207,000
(12) Amount payable from
the Asset
Forfeiture Account,
Special Deposit
Fund (Item 2720-011-
0942)............... -2,054,000
Provisions:
1. On March 1, 2008, and each March
1 thereafter until the project
is fully implemented, the
department shall report the
status of the California Highway
Patrol Enhanced Radio System to
the appropriate fiscal and
policy committees of the
Legislature and the Joint
Legislative Budget Committee. At
a minimum, each report shall
include all of the following:
(a) a revised estimate of total
project costs and activities, by
fiscal year, including separate
reporting on the categories of
mobiles, portables, remote site
equipment, Department of General
Services costs, and other; (b) a
description of any changes in
the project scope including the
type and number of hardware
units needed, and changes to the
frequencies used; and (c) a
description of any adverse
effects to interoperability
caused by changes in usage of
new technology by local agencies
or other state agencies.
2. Of the funds appropriated in
this item, $10,000,000 shall be
to conduct tactical alerts in
response to declared emergencies
and immediate threats to public
safety. For purposes of this
provision, a tactical alert
occurs when officers are
placed on 12-hour shifts to
enhance emergency preparedness
and provide an immediate
increase in the levels of
security provided to
Californians. If the amount used
for tactical alerts is less than
$10,000,000, the balance shall
revert to the Motor Vehicle
Account.
(a) Of the funds appropriated
in this provision,
$5,000,000 shall be
immediately available and
used only for overtime
expenses associated with
conducting tactical
alerts.
(b) Of the funds appropriated
in this provision,
$5,000,000 shall become
available and used only
for the purposes
described in subdivision
(a) after submittal of a
report to the Joint
Legislative Budget
Committee on the
expenditure of funds make
available under
subdivision (a). The
report shall provide a
detailed description of
the expenditures made and
the planned expenditures
from the funds made
available to the
department pursuant to
this provision.
(c) No later than December 31
of each year, the
department shall submit a
report to the Joint
Legislative Budget
Committee, and the
appropriate fiscal and
policy committees of each
house, on the activities
and expenditures for the
previous fiscal year for
tactical alerts.
3. Of the funds appropriated in
this item, $7,000,000 shall be
directed to increase the
Department of the California
Highway Patrol's support for
police and sheriffs in anti-gang
activities.
SEC. 27. Item 3790-001-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
3790-001-0001--For support of Department
of Parks and Recreation.................... 145,359,000
Schedule:
(1) For support of the
Department of Parks
and Recreation....... 383,495,000
(2) Reimbursements....... -32,199,000
(3) Less funding
provided by capital
outlay............... -4,000,000
(4) Amount payable from
the Safe
Neighborhood Parks,
Clean Water, Clean
Air, and Coastal
Protection Bond Fund
(Item 3790-001-0005). -6,639,000
(5) Amount payable from
the California
Environmental
License Plate Fund
(Item 3790-001-0140). -3,264,000
(6) Amount payable
from the Public
Resources Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
3790-001-0235)....... -11,258,000
(7) Amount payable from
the Off-Highway
Vehicle Trust Fund
(Item 3790-001-0263). -42,336,000
(8) Amount payable from
the State Parks and
Recreation Fund
(Item 3790-001-0392). -121,173,000
(9) Amount payable from
the Winter
Recreation Fund
(Item 3790-001-0449). -390,000
(10) Amount payable from
the Harbors and
Watercraft Revolving
Fund (Item 3790-001-
0516)................ -814,000
(11) Amount payable from
the Federal Trust
Fund (Item 3790-001-
0890)................ -6,341,000
(12) Amount payable from
the California Main
Street Program Fund
(Item 3790-001-3077). -175,000
(13) Amount payable
from the California
Clean Water, Clean
Air, Safe
Neighborhood Parks,
and Coastal
Protection Fund
(Item 3790-001-6029). -4,433,000
(14) Amount payable from
the Water Security,
Clean Drinking
Water, Coastal and
Beach Protection
Fund of 2002 (Item
3790-001-6031)....... -491,000
(15) Amount payable from
Safe Drinking Water,
Water Quality and
Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
3790-001-6051)....... -4,623,000
Provisions:
1. Of the funds appropriated by this
act from the General Fund and
special funds, other than the Off-
Highway Vehicle Trust Fund and
bond funds, to the Department of
Parks and Recreation for local
assistance grants to local
agencies, the department may
allocate an amount not to exceed
3.7 percent of each project's
allocation, except to the extent
otherwise restricted by law, to
allow the department to
administer its grants. Those
funds shall be available for
encumbrance or expenditure until
June 30, 2013.
2. It is the intent of the
Legislature that salaries, wages,
operating expenses, and positions
associated with implementing
specific Department of Parks and
Recreation capital outlay
projects continue to be funded
through capital outlay
appropriations, and that these
funds should also be reflected in
the department's state operations
budget in the Governor's Budget
as a special item of expense
reflecting the funding provided
from the capital outlay
appropriations.
3. 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
Parks and Recreation, 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, 2008.
(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.
4. The augmentation of $1,711,000 in
Schedule (7) is to be used to
fund restoration activities
within state parks in which off-
highway vehicle activity is or
has been permitted, including
areas where off-highway
vehicle recreation has been
determined to not be appropriate.
5. Notwithstanding Section 4.11 or
any other provision of law, up to
61 positions initially authorized
in accordance with Schedule (15)
shall not be abolished pursuant
to Section 12439 of the
Government Code prior to June 30,
2015.
6. Schedule (1) includes $4,104,000
for remediation and treatment
activities at Empire Mine State
Historic Park. Notwithstanding
any other provision of law, these
funds shall be available for
expenditure upon the approval of
the Director of Finance, after
the submission by the Department
of Parks and Recreation of
detailed information on the
activities to be funded and
their cost.
7. The Department of Parks and
Recreation shall have a
celebration at the Allensworth
State Park on the one hundredth
anniversary of the founding of
the town of Allensworth, and this
celebration shall be done within
the department's existing
resources.
8. It is the intent of the
Legislature that the Department
of Parks and Recreation shall
prioritize funds appropriated to
the department from the Harbors
and Watercraft Revolving Fund and
the Motor Vehicle Fuel Account,
Transportation Tax Fund, for
boating-related activities that
include, but are not limited to,
major and minor capital outlay
projects, boating trails, boating
trail grants, boating trails
access facilities, beach erosion
grants, and state park boating
facilities operations and
maintenance costs.
SEC. 28. Item 3900-001-0044 of Section 2.00 of the
Budget Act of 2007 is amended to read:
3900-001-0044--For support of State Air
Resources Board, payable from the Motor
Vehicle Account, State Transportation Fund. 88,500,000
94,533,000
Schedule:
(1) 15-Mobile Source.... 688,291,000
696,312,000
(2) 25-Stationary
Source.............. 53,845,000
(3) 30.01-Program
Direction and
Support............. 14,620,000
(4) 30.02-Distributed
Program Direction
and Support......... -14,620,000
(5) Reimbursements...... -5,075,000
(6) Amount payable from
the General Fund
(Item 3900-001-
0001)............... -2,435,000
(7) Amount payable from
the Air Pollution
Control Fund (Item
3900-001-0115)...... -172,553,000
-174,541,000
(8) Amount payable from
the Vehicle
Inspection and
Repair Fund (Item
3900-001-0421)...... -13,252,000
(9) Amount payable from
the Air Toxics
Inventory and
Assessment Account
(Item 3900-001-
0434)............... -869,000
(9.5) Amount payable from
the Energy
Resources Programs
Account (Item 3900-
001-0465)........... -966,000
(10) Amount payable from
the Federal Trust
Fund (Item 3900-001-
0890)............... -13,963,000
(11) Amount payable from
the Non-Toxic Dry
Cleaning Incentive
Trust Fund (Item
3900-001-3070)...... -1,523,000
(12) Amount payable from
the Highway Safety,
Traffic Reduction,
Air Quality, and
Port Security Fund
of 2006 (Item 3900-
001-6053)........... -193,000,000
(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)............... -250,000,000
Provisions:
1. Of the funds appropriated in
this item, $5,000,000 shall be
expended to support hydrogen
fueling stations and shall be
available, notwithstanding
subdivision (a) of Section 1.80,
for expenditure until June 30,
2010.
SEC. 29. Item 3900-001-0115 of Section 2.00 of the
Budget Act of 2007 is amended to read:
3900-001-0115--For support of State Air
Resources Board, for payment to Item 3900-
001-0044, payable from the Air Pollution 172,553,00
Control Fund................................
174,541,0
0
0
Provisions:
1 . When expending funds
appropriated in this item in
order to consider market based
compliance mechanisms, the
State Air Resources Board
shall only consider those
mechanisms that are defined by
the California Global Warming
Solutions Act of 2006
(Division 25.5 (commencing
with Section 38500) of the
Health and Safety Code).
2. Of this amount, $1,000,000 is
to cover litigation expenses
associated with Chapter 200 of
the Statutes of 2002.
3. The implementation of early
action measures shall include,
but not be limited to,
reductions of pollutants such
as methane and black
carbon.
4. The 31.0 positions authorized
under this item for source-
specific emission reductions
shall be used solely for
direct emission reductions
related work as defined under
Section 38505 of the Health
and Safety Code.
5. Only 2.0 positions provided to
the State Air Resources Board
in this item shall evaluate
and assess market-based
compliance mechanisms that are
specified in Section 38505 of
the Health and Safety Code.
6. Of the positions authorized
under this item, 2.0 positions
shall be used to staff those
committees established
pursuant to Section 3859 0 1
of
the Health and Safety
Code. The committees
established by Section 3859 0 1
of the Health and Safety Code
shall be subject to state
public notice and open meeting
laws.
SEC. 30. Item 3910-001-0387 of Section 2.00 of the
Budget Act of 2007 is amended to read:
3910-001-0387--For support of California
Integrated Waste Management Board, payable
from the Integrated Waste Management
Account, Integrated Waste Management Fund.. 43,787,000
43,669,000
Schedule:
(1) 11-Waste Reduction
and Management...... 88,406,000
88,288,000
(2) 30.01-
Administration...... 9,702,000
(3) 30.02-Distributed
Administration...... -9,702,000
(4) Reimbursements...... -335,000
(5) Amount payable from
the California Used
Oil Recycling Fund
(Item 3910-001-
0100)............... -4,934,000
(6) Amount payable from
the California Used
Oil Recycling Fund
(paragraph (4) of
subdivision (a) of
Section 48653 of
the Public
Resources Code)..... -716,000
(7) Amount payable from
the California Used
Oil Recycling Fund
(paragraph (1) of
subdivision (a) of
Section 48653 of
the Public
Resources Code)..... -3,300,000
(8) Amount payable from
the California Tire
Recycling
Management Fund
(Item 3910-001-
0226)............... -21,977,000
(9) Amount payable from
the Recycling
Market Development
Revolving Loan
Account, Integrated
Waste Management
Fund (Item 3910-001-
0281)............... -970,000
(10) Amount payable from
the Solid Waste
Disposal Site
Cleanup Trust Fund
(Item 3910-001-
0386)............... -572,000
(11) Amount payable from
the Integrated
Waste Management
Account, Integrated
Waste Management
Fund (Item 3910-006-
0387)............... -640,000
(12) Amount payable from
the Farm and Ranch
Solid Waste Cleanup
and Abatement
Account (Item 3910-
001-0558)........... -1,107,000
(13) Amount payable from
the Rigid Container
Account (Item 3910-
001-3024)........... -162,000
(14) Amount payable from
the Electronic
Waste Recovery and
Recycling Account
(Item 3910-001-
3065)............... -9,906,000
Provisions:
1. Notwithstanding subdivision
(h) of Section 42023.1 of the
Public Resources Code, the
California Integrated Waste
Management Board may offset the
costs of administering the
revolving loan program for
Recycling Market Development
Zones with funds appropriated in
this item.
2. The amount appropriated in this
item includes revenues derived
from the assessment of fines and
penalties imposed as specified
in Section 13332.18 of the
Government Code.
SEC. 31. Item 3940-001-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
3940-001-0001--For support of State Water
Resources Control Board.................... 38,044,000
39,344,000
Schedule:
(1) 10-Water Quality.... 463,986,400
(2) 20-Water Rights..... 11,213,600
(3) 30.01-
Administration...... 19,656,000
(4) 30.02-Distributed
Administration...... -19,656,000
(5) Reimbursements...... -14,244,000
(6) Amount payable from
the Unified Program
Account (Item 3940-
001-0028)........... -601,000
(7) Amount payable from
the Waste Discharge
Permit Fund (Item
3940-001-0193)...... -69,913,000
-68,613,000
(8) Amount payable from
the Marine Invasive
Species Control
Fund (Item 3940-001-
0212)............... -98,000
(8.5) Amount payable from
the Environmental
Trust Fund (Item
3940-001-0225)...... -7,500,000
(9) Amount payable from
the Public
Resources Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
3940-001-0235)...... -2,391,000
(10) Amount payable from
the Integrated
Waste Management
Account, Integrated
Waste Management
Fund (Item 3940-001-
0387)............... -6,015,000
(11) Amount payable from
the State Revolving
Fund Loan
Subaccount (Item
3940-001-0417)...... -538,000
(12) Amount payable from
the Water Recycling
Subaccount (Item
3940-001-0419)...... -337,000
(13) Amount payable from
the Drainage
Management
Subaccount (Item
3940-001-0422)...... -515,000
(14) Amount payable from
the Seawater
Intrusion Control
Subaccount (Item
3940-001-0424)...... -97,000
(15) Amount payable from
the Underground
Storage Tank Tester
Account (Item 3940-
001-0436)........... -64,000
(16) Amount payable from
the Underground
Storage Tank
Cleanup Fund (Item
3940-001-0439)...... -278,823,000
(17) Amount payable from
the Surface
Impoundment
Assessment Account
(Item 3940-001-
0482)............... -212,000
(18) Amount payable from
the 1984 State
Clean Water Bond
Fund (Item 3940-001-
0740)............... -322,000
(19) Amount payable from
the Federal Trust
Fund (Item 3940-001-
0890)............... -34,716,000
(20) Amount payable from
the Water Rights
Fund (Item 3940-001-
3058)............... -6,929,000
(21) Amount payable from
the Watershed
Protection
Subaccount (Item
3940-001-6013)...... -1,069,000
(22) Amount payable from
the Santa Ana River
Watershed
Subaccount (Item
3940-001-6016)...... -1,062,000
(23) Amount payable from
the Lake Elsinore
and San Jacinto
Watershed
Subaccount (Item
3940-001-6017)...... -47,000
(24) Amount payable from
the Nonpoint Source
Pollution Control
Subaccount (Item
3940-001-6019)...... -986,000
(25) Amount payable from
the State Revolving
Fund Loan
Subaccount (Item
3940-001-6020)...... -81,000
(26) Amount payable from
the Wastewater
Construction Grant
Subaccount (Item
3940-001-6021)...... -23,000
(27) Amount payable from
the Coastal
Nonpoint Source
Control Subaccount
(Item 3940-001-
6022)............... -815,000
(28) Amount payable from
the Water Security,
Clean Drinking
Water, Coastal and
Beach Protection
Fund of 2002 (Item
3940-001-6031)...... -5,078,000
(29) Amount payable from
the Safe Drinking
Water, Water
Quality and Supply,
Flood Control,
River and Coastal
Protection Fund of
2006 (Item 3940-001-
6051)............... -4,073,000
(30) Amount payable from
the Petroleum
Underground Storage
Tank Financing
Account (Item 3940-
001-8026)........... -607,000
Provisions:
1. Notwithstanding any other
provision of law, upon approval
and order of the Director of
Finance, the State Water
Resources Control Board may
borrow sufficient funds for cash
purposes from special funds that
otherwise provide support for
the board. Any such loans are to
be repaid with interest at the
rate earned in the Pooled Money
Investment Account.
2. No funds appropriated in this
item or any other items
appropriating funds to the State
Water Resources Control Board
can be used for new information
technology modules related to
the California Integrated Water
Quality System (CIWQS) until the
board's Agency Information
Management Strategy is updated
to reflect the board's current
information technology strategy
and submitted to the Joint
Legislative Budget Committee no
sooner than 30 days prior to any
spending on information
technology modules.
SEC. 32. Item 3940-001-0193 of Section 2.00 of the
Budget Act of 2007 is amended to read:
3940-001-0193--For support of State Water
Resources Control Board, for payment to
Item 3940-001-0001, payable from the
Waste Discharge Permit Fund............... 69,913,000
68,613,000
SEC. 33. Item 4200-101-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
4200-101-0001--For local assistance,
Department of Alcohol and Drug Programs..... 84,197,000
64,197,000
Schedule:
(1) 15-Alcohol and Other
Drug Services Program. 455,039,000
415,039,000
(2) Reimbursements........ -13,595,000
(3) Amount payable from
the Federal Trust
Fund (Item 4200-101-
0890)................. -240,589,000
(4) Amount payable from
the Resident-Run
Housing Revolving
Fund (Item 4200-
101-0977)............. -144,000
(5) Amount payable from
the Substance Abuse
Treatment Fund (Item
4200-101-3019)........ -116,514,000
-96,514,000
Provisions:
1. Upon approval by the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Items 4200-001-0001, 4200-102-
0001, 4200-103-0001, and 4200-104-
0001. In determining which
transfers are necessary pursuant
to this provision, the department
shall assess those programs and
operations that have the most
critical need. In making this
assessment, the department shall
consider such factors as caseload
requirements, availability of
personnel to provide essential
services, other funding sources,
and relevant information provided
by affected state agencies.
2. Upon approval by the Department of
Finance, one or more short-term
loans not to exceed a cumulative
total of $59,745,000 may be made
available from the General Fund
when there is a delay in the
allocation of federal Substance
Abuse Prevention and Treatment
(SAPT) Block Grant funds to
California. Each loan shall be
repaid, with interest calculated
pursuant to subdivision (a) of
Section 16314 of the Government
Code, upon receipt of the federal
SAPT Block Grant.
SEC. 34. Item 4200-101-3019 of Section 2.00 of the
Budget Act of 2007 is amended to read:
4200-101-3019--For local assistance,
Department of Alcohol and Drug Programs,
for payment to Item 4200-101-0001, payable 116,514,00
from the Substance Abuse Treatment Fund.... 0
96,514,000
Provisions:
1. Funds appropriated in this
item are in lieu of the
amounts that otherwise would
have been appropriated for
local assistance pursuant to
Section 11999.6 of the Health
and Safety Code.
SEC. 35. Item 4200-105-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
4200-105-0001--For transfer, as an
expenditure, by the Controller to the
Substance Abuse Treatment Trust Fund...... 120,000,000
100,000,000
SEC. 36. Item 4280-101-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
4280-101-0001--For local assistance,
Managed Risk Medical Insurance Board, for
the Healthy Families Program.............. 382,146,000
373,832,000
Schedule:
(1) 20-Access for
Infants and Mothers
Program............. 81,642,000
73,328,000
(2) 40-Healthy Families
Program............. 1,032,841,000
(3) Amount payable from
the Federal Trust
Fund (Item 4280-101-
0890)............... -732,337,000
Provisions:
1. Upon order of the Department of
Finance, the State Controller
shall transfer such funds as are
necessary between this item and
Item 4280-102-0001 in order to
effectively administer the
Healthy Families Program.
SEC. 37. Item 4280-111-0232 of Section 2.00 of the
Budget Act of 2007 is amended to read:
4280-111-0232--For transfer by the
Controller from the Hospital Services
Account, Cigarette and Tobacco Products
Surtax Fund to the Perinatal Insurance
Fund, for the Access for Infants and
Mothers Program............................ (30,672,000)
(34,879,000)
Provisions:
1. In order to effectively
administer the Access for
Infants and Mothers Program
the Department of Finance may
decrease or increase this item
in order to conform the
appropriation to revised
subvention estimates.
SEC. 38. Item 4280-111-0233 of Section 2.00 of the
Budget Act of 2007 is amended to read:
4280-111-0233--For transfer by the
Controller from the Physician Services
Account, Cigarette and Tobacco Products
Surtax Fund to the Perinatal Insurance
Fund, for the Access for Infants and
Mothers Program............................ (13,630,000)
(14,474,000)
Provisions:
1. In order to effectively
administer the Access for
Infants and Mothers Program
the Department of Finance may
decrease or increase this item
in order to conform the
appropriation to revised
subvention estimates.
SEC. 39. Item 4280-111-0236 is added to Section
2.00 of the Budget Act of 2007, to read:
4280-111-0236--For transfer by the
Controller from the Unallocated Account,
Cigarette and Tobacco Products Surtax Fund
to the Perinatal Insurance Fund, for the
Access for Infants and Mothers Program..... (3,263,000)
Provisions:
1. In order to effectively
administer the Access for
Infants and Mothers Program,
the Department of Finance may
decrease or increase this item
in order to conform the
appropriation to revised
subvention estimates.
SEC. 40. Item 4280-112-0232 of Section 2.00 of the
Budget Act of 2007 is amended to read:
4280-112-0232--For transfer by the
Controller from the Hospital Services
Account, Cigarette and Tobacco Products
Surtax Fund to the Major Risk Medical
Insurance Fund, for the Major Risk
Medical Insurance Program................. (6,393,000)
(1,072,000)
SEC. 41. Item 4280-112-0233 of Section 2.00 of the
Budget Act of 2007 is amended to read:
4280-112-0233--For transfer by the
Controller from the Physician Services
Account, Cigarette and Tobacco Products
Surtax Fund to the Major Risk Medical
Insurance Fund, for the Major Risk
Medical Insurance Program................. (3,607,000)
(614,000)
SEC. 42. Item 4440-011-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
4440-011-0001--For support of the State
Hospitals, Department of Mental Health.. 1,039,502,000
Schedule:
(1) 20.10-Long-Term
Care Services-
-Lanterman-Petris-
Short Act........... 133,903,000
(2) 20.20-Long-Term
Care Services-
-Penal Code and
Judicially
Committed........... 869,469,000
(3) 20.30-Long-Term
Care Services-
-Department of
Corrections and
Rehabilitation...... 110,649,000
(4) 20.40-Long-Term
Care Services-
-Other State
Hospital Services... 3,406,000
(5) Reimbursements...... -77,830,000
(6) Amount payable from
the California
State Lottery
Education Fund
(Section 8880.5 of
the Government
Code)............... -95,000
Provisions:
1. Upon order of the Department of
Finance, and following 30-day
notification to the Joint
Legislative Budget Committee,
the Controller shall transfer
between this item and Item 4440-
016-0001 those funds that are
necessary for direct community
services, as well as
administrative and ancillary
services related to the
provision of direct services.
2. Upon approval of the State
Department of Mental Health, a
portion of the funds
appropriated in Schedule (2)
shall be available to reimburse
counties for the cost of
treatment and legal services to
patients in the five State
Department of Mental Health
State Hospitals, pursuant to
Section 4117 of the Welfare and
Institutions Code. Expenditures
made under this item shall be
charged to either the fiscal
year in which the claim is
received or the fiscal year in
which the Controller issues the
warrant. Claims filed by local
jurisdictions for legal
services may be scheduled by
the Controller for payment.
3. The reimbursements identified
in Schedule (5) shall include
amounts received by the State
Department of Mental Health as
a result of billing for
Lanterman-Petris-Short (LPS)
Act state hospital bed day
expenditures attributable to
conservatees who are gravely
disabled as defined in
subparagraph (B) of paragraph
(1) of subdivision (h) of
Section 5008 of the Welfare and
Institutions Code (Murphy
Conservatee).
4. Of the total amount
attributable in the 2007-08
fiscal year to patient-
generated collections for
Lanterman-Petris-Short (LPS)
Act patients, the Controller
shall transfer $8,000,000 as
revenue to the General Fund,
and the remainder shall be used
to offset county costs for LPS
state hospital beds.
5. Notwithstanding any other
provision of law, funds
appropriated to accommodate
projected hospital population
levels in excess of those that
actually materialize, if any,
shall revert to the General
Fund. However, the Department
of Finance may approve an
increase in expenditures that
are not related to caseload for
the state hospitals through the
redirection of funding that is
reasonably believed not to be
needed for accommodating
projected hospital population
levels if the approval is made
in writing and filed with the
Chairperson of the Joint
Legislative Budget Committee
and the chairpersons of the
committees of each house of the
Legislature that consider
appropriations not later than
30 days prior to the effective
date of the approval, or prior
to whatever lesser time the
Chairperson of the Joint
Legislative Budget Committee,
or his or her designee, may in
each instance determine. All
notifications shall include (a)
the reason for the proposed
redirection of caseload funding
to expenditures that are not
related to caseload, (b) the
approved amount, and (c) the
basis of the Director of
Finance's determination that
the funding is not needed for
accommodating projected
hospital population levels.
6. Notwithstanding Section 26.00,
the Department of Finance may
authorize the transfer of
expenditure authority between
Schedules (1), (2), (3), and
(4) in order to accurately
reflect caseload in these
programs.
7. Notwithstanding any other
provision of law, the
Department of Finance may
augment this item to provide
salary increases for
classifications related to the
Coleman litigation in the event
that more vacant positions are
filled than were originally
proposed in the 2007-08
staffing plan, or salary
increases in excess of those
originally proposed for filled
and vacant positions are
ordered by a federal court, or
staffing plan, or for contract costs
for registry
costs for registry funding, if
necessary. This
necessary. Th i s i
tem may not be augmented
augment e d e
arlier than 30 days, or a
or a lesser amount of time as
determined by the Chairperson
of the Joint Legislative Budget
Committee or his or her
designee, after written
notification of the necessity
for augmentation to the
chairperson of the committee in
each house of the Legislature
that considers appropriations
and the Chairperson of the
Joint Legislative Budget
Committee.
8. Of the amount appropriated in
this item, $4,280,000 is
available only to provide
appropriate treatment to
individuals found incompetent
to stand trial and who have not
been committed to a state
hospital. These funds may be
encumbered no earlier than 30
days, or a lesser amount of
time as determined by the
Chairperson of the Joint
Legislative Budget Committee or
his or her designee, after
the Department of Finance
provides a written expenditure
plan for these funds to the
chairpersons of the fiscal
committees in each house of the
Legislature, and to the
Chairperson of the Joint
Legislative Budget Committee.
9. The State Department of Mental
Health shall provide the fiscal
and policy committees of the
Legislature, including the
Chairperson of the Joint
Legislative Budget Committee,
and the Department of Finance
with a quarterly update on the
progress of the hiring plan to
ensure appropriate active
treatment for patients, state
licensure requirements, and in
meeting the Consent Judgment
with the federal United States
Department of Justice regarding
the federal Civil Rights of
Institutionalized Persons Act
(CRIPA). This quarterly update
shall be provided within 10
working days of the close of
the quarter to ensure the
exchange of timely and
relevant information.
SEC. 43. Item 4440-103-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
4440-103-0001--For local assistance,
Department of Mental Health, for Mental
Health Managed Care....................... 246,207,000
234,207,000
Schedule:
(1) 10.25-Community
Services--Other
Treatment........... 246,207,000
234,207,000
Provisions:
1. The allocation of funds
appropriated in this item shall
be determined based on a
methodology developed by the
State Department of Mental
Health in consultation with a
statewide organization
representing counties. This
methodology shall be based on a
review of actual and projected
expenditures for mental health
services for Medi-Cal
beneficiaries, by county.
2. Of the amount appropriated in
this item, $8,000,000 shall be
transferred to the Mental Health
Managed Care Deposit Fund (Fund
0865).
3. Upon order of the Department of
Finance and agreement between
the State Department of Mental
Health and the State Department
of Health Care Services, the
Controller shall transfer
between this item and Item 4260-
101-0001 any General Fund amount
determined necessary to fully
reflect the transfer of
responsibility for
administration of mental health
services pursuant to the
implementation of mental health
managed care.
SEC. 44. Item 4440-115-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
4440-115-0001--For local assistance,
Department of Mental Health, for the Early
and Periodic Screening, Diagnosis, and
Treatment Program.......................... 86,679,000
Schedule:
(1) 10.30-Community
Services-EPSDT...... 170,203,000
(2) Reimbursements...... -83,524,000
Provisions:
1. Funding appropriated in this
item is available solely to
reimburse counties for costs
from prior years that have been
validated by the State
Department of Mental Health. It
is the intent of the Legislature
that the total cost of
$260,200,000 owed to counties
will be reimbursed over a three-
year period commencing with the
Budget Act of 2007.
2. The amount appropriated in this
item is for costs and claims
incurred in the 2003-04, 2004-
05, and 2005-06 fiscal years.
These expenditures shall be
reflected as expenditures in
those fiscal years. The
Department of Finance and the
Controller's office shall
recognize this fiscal alignment
accordingly for the purposes of
the state budget process and
legal basis of accounting.
SEC. 45. Item 5180-101-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
5180-101-0001--For local assistance,
Department of Social Services............ 2,312,607,000
2,210,356,000
Schedule:
(1) 16.30-CalWORKs...... 5,103,215,00
0
(2) 16.65-Other 1,324,322,00
Assistance Payments. 0
(3) Reimbursements...... -3,478,000
(4) Amount payable from
the Emergency Food
Assistance Program
Fund (Item 5180-101-
0122)............... -473,000
(5) Amount payable from
the Employment
Training Fund (Item
5180-101-0514)...... -35,000,000
-45,000,000
(6) Amount payable from
the Federal Trust
Fund (Item 5180-101- -4,064,932,0
0890)............... 0
-4,157,183, 0
00
(7) Amount payable from
the Child Support
Collections
Recovery Fund (Item
5180-101-8004)...... -11,047,000
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(s) when the federal
funds have not been received by
this state prior to the usual
time for transmitting that
federal share to the counties of
this state. This loan from the
General Fund shall be repaid
when the federal share of costs
for the program or programs
becomes available.
3. The Department of Finance may
authorize the transfer of
amounts from this item to Item
5180-001-0001 in order to fund
the costs of the administrative
hearing process associated with
changes in aid payments in the
CalWORKs program.
4. (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 2007-
08 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 Items 5180-101-0001 and
5180-101-0890, to Items 5180-001-
0001 and 5180-001-0890, for this
purpose.
7. Pursuant to the Electronic
Benefit Transfer (EBT) Act
(Chapter 3 (commencing with
Section 10065) of Part 1 of
Division 9 of the Welfare and
Institutions Code) and in
accordance with the EBT System
regulations (Manual of Policies
and 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. Up to $4,445,000 appropriated in
Program 16.65-Other Assistance
Payments to reimburse California
Emergency Foodlink and local
food banks for disaster food
assistance costs may be used for
eligible disaster response costs
incurred in either the 2006-07
or 2007-08 fiscal year, subject
to approval by the Department of
Finance.
11. Of the amount appropriated in
this item, $1,217,116,000 is
available for CalWORKs
assistance payments. The
Department of Finance shall
approve unanticipated
expenditures made necessary by
changes in caseload or grant
costs in excess of the amount
specified in this provision. The
Director of Finance shall
approve transfers from the
General Fund in augmentation of
this item, if it is necessary to
fund unanticipated changes in
caseload or grant costs that are
above the amount specified. If
such an augmentation is
necessary, the department shall
report to the Joint Legislative
Budget Committee within 30 days
of making the augmentation.
SEC. 46. Item 5180-101-0514 of Section 2.00 of the
Budget Act of 2007 is amended to read:
5180-101-0514--For local assistance,
Department of Social Services, for payment
to Item 5180-101-0001, payable from the
Employment Training Fund................... 35,000,000
45,000,000
Provisions:
1. Pursuant to Section 1611.5 of
the Unemployment Insurance
Code, funds appropriated in
this item are available for
CalWORKs welfare-to-work
activities.
SEC. 47. Item 5180-101-0890 of Section 2.00 of the
Budget Act of 2007 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............... 4,064,932,000
4,157,183,000
Provisions:
1. Provisions 1, 4, 6, 7, and 9
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. 48. Item 5180-111-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
5180-111-0001--For local assistance,
Department of Social Services............ 5,344,302,000
5,221,302,000
Schedule:
(1) 16.70-SSI/SSP....... 3,773,094,00
3,650,094,00
0
(2) 25.15-IHSS.......... 4,594,594,00
0
(3) 25.20-Recipient
Supplementary
Payment............. 34,291,000
(4) Reimbursements...... -3,057,677,0
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 $225,000,000
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 2007-
08 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.
6. The Director of Finance may
authorize the transfer of
amounts from this item to Item
5180-001-0001 in order to fund
additional planning and
implementation workload
associated with the Case
Management Information and
Payrolling System II (CMIPS II).
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 workload
associated with CMIPS II and may
administratively establish
positions to address this
workload once contract
negotiations are complete.
SEC. 49. Item 5180-141-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
5180-141-0001--For local assistance,
Department of Social Services............. 441,428,000
437,764,000
Schedule:
(1) 16.75-County
Administration and
Automation Projects. 1,103,067,000
1,085,916,000
(2) Reimbursements...... - 57,871,000
(3) Amount payable from
the Federal Trust
Fund (Item 5180-141- -
0890)............... -
603,768,000
-590,281,000
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. It is the intent of the
Legislature that testing of the
interface between the Statewide
Automated Welfare System (SAWS)
and the California Child Support
Automation System be considered a
high priority by the SAWS
consortia, county welfare
departments, the State Department
of Social Services, the Office of
Systems Integration, the
Department of Child Support
Services, the Franchise Tax
Board, and local child support
agencies. These entities shall
make every effort to complete the
interface testing as soon as
possible. Resources may be
redirected for this purpose, if
necessary.
8. 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.
9. Of the funds appropriated
in this item, $3,664,000 is for
automation changes in the four
Statewide Automated Welfare
System consortia for the purpose
of implementing a semiannual
reporting system. These funds may
not be expended unless all of the
following conditions are met: (a)
the Legislature enacts a program
of semiannual reporting for the
CalWORKs, Food Stamp, and
California Food Assistance
programs , (b) related automation
project documents, as required by
the State Administrative Manual,
are approved by the Department of
Finance , and (c) the Department
of Finance notifies the
Legislature of such approval.
SEC. 50. Item 5180-141-0890 of Section 2.00 of the
Budget Act of 2007 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......................... 603,768,000
590,281,000
Provisions:
1. Provisions 2, 3, 4, 6, 7, and
8 of Item 5180-141-0001 also
apply to this item.
2. Of the funds appropriated in
this item, $13,487,000 is for
automation changes in the four
Statewide Automated Welfare
System consortia for the
purpose of implementing a
semiannual reporting system.
These funds may not be
expended unless all of the
following conditions are met:
(a) the Legislature enacts a
program of semiannual
reporting for the CalWORKs,
Food Stamp, and California
Food Assistance programs, (b)
related automation project
documents, as required by the
State Administrative Manual,
are approved by the Department
of Finance, and (c) the
Department of Finance notifies
the Legislature of such
approval.
SEC. 51. Item 5180-151-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
5180-151-0001--For local assistance,
Department of Social Services.............. 766,589,000
756,589,000
Schedule:
(1) 25.30-Children and
Adult Services and
Licensing............ 2,087,314,000
2,077,314,000
(2) 25.35-Special
Programs............. 24,207,000
(3) Reimbursements....... -115,875,000
(4) Amount payable from
the Child Health and
Safety Fund (Item
5180-151-0279)....... -1,245,000
(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- -1,222,557,00
0890)................ 0
(7) Amount payable from
the Child Welfare
Services Program
Improvement Fund
(Item 5180-151-8023). -1,500,000
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, $189,957,000
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. 52. Item 5180-403 of Section 2.00 of the
Budget Act of 2007 is amended to read:
5180-403--The Director of Finance is
authorized to approve transfers not to
exceed $ 139 55 ,507,000 from the
federal
Temporary Assistance for Needy Families
(TANF) block grant to and in augmentation
of any program for which TANF funds have
been appropriated in this act or for
Stage 2 child care, only if the request:
(1) meets all of the conditions set forth
in Section 28.00, or (2) is consistent
with Provision 4 of Item 5180-101-0001.
Any transfers pursuant to this item shall
require the respective legislative
notification procedures set forth in
Section 28.00 or Provision 4 of Item 5180-
101-0001, whichever is applicable.
SEC. 53. Item 5225-101-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
5225-101-0001--For local assistance,
Department of Corrections and
Rehabilitation.............................. 317,064,000
336,791,000
Schedule:
(1) 15-Corrections
Standards Authority... 222,250,000
241,977,000
(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............. 5,066,000
(6) 25.30-Adult
Corrections and
Rehabilitation
Operations--County
Charges............... 19,672,000
(7) 30-Parole Operations-
-Adult................ 53,417,000
(8) 60.01-County Juvenile
Justice Planning
Grants................ 4,900,000
(9) 60.02-County Juvenile
Justice Competitive
Grants................ 10,000,000
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 (7) or (8), or both, of
Item 5225-001-0001, upon order of
the Director of Finance, to
provide funds for the
reimbursement of counties for the
cost of holding parole violators
in local jails or for the auditing
or monitoring of local assistance
costs.
4. The amounts appropriated in
Schedules (2) and (3) are provided
for the following purposes:
(a) To pay the transportation
costs of persons committed
to the Department of
Corrections and
Rehabilitation to or
between its facilities,
including the return of
parole violators, provided
that expenditures made
under this item shall be
charged to either the
fiscal year in which the
claim is received by the
Controller or the fiscal
year in which the warrant
is issued by the
Controller. However,
claims shall be filed by
local jurisdictions within
six months after the end
of the month in which the
costs are incurred.
(b) To reimburse counties,
pursuant to Section 1776
of the Welfare and
Institutions Code, for the
cost of the detention of
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.
10. The amount appropriated in
Schedule (8) shall be for one-time
grants to all 58 counties to plan
for changes in state law
governing county custody and
rehabilitative services for
youthful offenders whose offenses
are not listed in subdivision (b)
of Section 707 of the Welfare and
Institutions Code. The Corrections
Standards Authority (CSA), in
consultation with the Division of
Juvenile Facilities, shall
distribute the funds based on
county population, as reported
most recently by the Department of
Finance. The 10 largest counties
shall receive grants of $150,000
each. The next 20 largest counties
shall receive grants of $100,000
each. The 28 smallest counties
shall receive grants of $50,000
each. The CSA shall award grants
no later than 30 days following
the chaptering of this act.
11. The amount appropriated in
Schedule (9) shall be for one-time
grants to counties for additional
planning and development efforts
related to changes in state law
governing the custody and
treatment of youthful offenders
whose offenses are not listed in
subdivision (b) of Section 707 of
the Welfare and Institutions Code.
The amounts shall be distributed
by the Corrections Standards
Authority, in consultation with
the Division of Juvenile
Facilities, on a competitive
basis. Counties may apply for
these funds, and the Corrections
Standards Authority shall give
preference to counties that
request funds to develop (a)
regional approaches to the care,
custody, and supervision of
youthful offenders, (b) programs
for specialized youthful offender
populations, including, but not
limited to, offenders with
histories of mental illness,
substance abuse, violence, and
recurrent and intractable
behavioral problems, and (c) the
use of evidence-based programs,
risk/needs assessments, and a plan
to implement a continuum of care
for all youthful offenders. The
Corrections Standards Authority
shall award the grants not later
than April 1, 2008. Up to 3
percent of the total amount
appropriated in Schedule (9) shall
be available to the Corrections
Standards Authority, Division of
Juvenile Facilities, and
Department of Corrections and
Rehabilitation for administration
of this provision.
12. Notwithstanding any other
provision of law, of the funds
appropriated in Schedule (1),
$29,727,000 shall be allocated to
fully fund the 2006-07 fiscal year
grant cycle for Mentally Ill
Offender Reduction Grant Program
for adults and juveniles.
13. Notwithstanding any other
provision of law, of the funds
appropriated in Schedule (1),
$29,727,000 shall be allocated to
provide annual funding for
Mentally Ill Offender Crime
Reduction Grants as administered
by the Corrections Standards
Authority. These funds shall be
available for expenditure and
encumbrance until September 30,
2008.
SEC. 54. Item 6110-009-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
6110-009-0001--For support of Department of
Education.................................... 483,000
1,483,000
Schedule:
(1) 50-State Board of
Education.................. 1,
536,000
(2) Reimbursements............. -53,000
Provisions:
1. The amount appropriated in Schedule
(1) shall be available for support
of the State Board of Education and
shall be directed to meet the policy
priorities of its members.
(a) Of the amount appropriated in
this schedule, $138,000 is
allocated for statutory
oversight of charter schools
approved by the State Board of
Education. In addition, the
State Department of Education is
authorized to receive and expend
statutory reimbursements of an
amount estimated to be $138,000
for purposes of overseeing State
Board of Education-approved
charter schools.
SEC. 55. Item 6110-111-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
6110-111-0001--For local assistance,
Department of Education (Proposition 98),
for transfer to Section A of the State
School Fund, Home to School
Transportation, pursuant to Article 10
(commencing with Section 41850) of Chapter
5 of Part 24 of the Education Code, and
Small School District Transportation,
pursuant to Article 4.5 (commencing with
Section 42290) of Chapter 7 of Part 24 of
the Education Code.....................
Department of Education (from the Public
228,011,000
Transportation Account, State
Transportation Fund), for transfer to
Section A of the State School Fund, Home
to School Transportation, pursuant to
Article 10 (commencing with Section 41850)
of Chapter 5 of Part 24 of the Education
Code, and Small School District
Transportation, pursuant to Article 4.5
(commencing with Section 42290) of Chapter
7 of Part 24 of the Education Code..... 577,131,000
Schedule:
(1) 10.10.006-Pupil
Transportation...... 571,359,000
222,239,000
(2) 10.10.008-Small
School District Bus
Replacement......... 5,772,000
Provisions:
1. Of the funds appropriated in
this item, $27,290,000 is for
the purpose of providing a cost-
of-living adjustment (COLA) at a
rate of 4.53 percent.
2. An additional $52,583,000 in
expenditures for this item has
been deferred until the 2008-09
fiscal year.
SEC. 56. Item 6110-111-0046 is added to Section
2.00 of the Budget Act of 2007, to read:
6110-111-0046--For local assistance,
Department of Education (from the Public
Transportation Account, State Transportation
Fund), for transfer to Section A of the State
School Fund, Home to School Transportation,
pursuant to Article 10 (commencing with
Section 41850) of Chapter 5 of Part 24 of the
Education Code, and Small School District
Transportation, pursuant to Article 4.5
(commencing with Section 42290) of Chapter 7
of Part 24 of the Education Code.............. 99,120,000
Schedule:
(1) 10.10.006-Pupil
Transportation......... 99,120,000
SEC. 57. Item 6110-113-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
6110-113-0001--For local assistance,
Department of Education (Proposition 98), for
purposes of California's pupil testing
program....................................... 83,003,000
85,123,000
Schedule:
(1) 20.70.030.005-
Assessment Review and
Reporting.............. 2,313,000
(2) 20.70.030.006-STAR
Program................ 60,004,000
62,124,000
(3) 20.70.030.007-English
Language Development
Assessment............. 9,741,000
(4) 20.70.030.008-High
School Exit
Examination............ 10,945,000
(5) 20.70.030.015-
California High School
Proficiency
Examination............ 1,144,000
(6) Reimbursements......... -1,144,000
Provisions:
1. The funds appropriated in this item
shall be for the pupil testing
programs authorized by Chapter 3
(commencing with Section 48400),
Chapter 5 (commencing with Section
60600), Chapter 6 (commencing with
Section 60800), Chapter 7
(commencing with Section 60810),
and Chapter 9 (commencing with
Section 60850) of Part 33 of the
Education Code.
2. The funds appropriated in Schedule
(2) are provided for approved
contract and district apportionment
costs for the development and
administration of the California
Standards Test, the national Norm-
Referenced Test, the Standards-
Based Test in Spanish, the
California Alternate Performance
Assessment, the Designated Primary
Language Test, and the California
Modified Assessment, as part of the
STAR Program.
3. The funds appropriated in Schedule
(3) shall be available for approved
contract costs and apportionment
costs for administration of the
California English Language
Development Test (CELDT) meeting
the requirements of Chapter 7
(commencing with Section 60810) of
Part 33 of the Education Code.
Incentive funding of $5 per pupil
is provided for district
apportionments for the CELDT. As a
condition of receiving these funds,
school districts must agree to
provide information determined to
be necessary to comply with the
data collection and reporting
requirements of the federal No
Child Left Behind Act of 2001 (P.L.
107-110) regarding English language
learners by the State Department of
Education (SDE) .
4. The funds appropriated in Schedule
(4) include funds for approved
contract costs and apportionment
costs for the administration of the
California High School Exit
Examination (CAHSEE) pursuant to
Chapter 9 (commencing with Section
60850) of Part 33 of the Education
Code. The State Board of Education
shall establish the amount of
funding to be apportioned to school
districts for the CAHSEE. The
amount of funding to be apportioned
per test shall not be valid without
the approval of the Department of
Finance.
5. The funds appropriated in Schedule
(4) shall be used for seven
annual administrations of the
California High School Exit
CAHS E E
xamination . Grade 12 students may
take
take up to five administrations of the
the exam, grade 11 students may take
up
t ake up t o two, and grade 10
students are
students are required to take one.
6. It is the intent of the Legislature
that the SDE develop a plan to
that the State Department of
Education (SDE) develop a plan to
streamline existing programs to
eliminate duplicative tests and
minimize the instructional time
lost to test administration.
The SDE shall ensure that all
statewide tests meet industry
standards for validity and
reliability.
7. Funds provided to local educational
agencies from Schedules (2), (3),
and (4) shall first be used to
offset any state-mandated
reimbursable costs within the
meaning of Section 17556 of the
Government Code, that otherwise may
be claimed through the state
mandates reimbursement process for
the STAR Program, the C ELDT, a
lifor n d ia
English Language Development Test,
and the California High School Exit
the CAHSE E xamination .
Local educational
agencies receiving funding from
these schedules shall reduce their
estimated and actual mandated
reimbursement claims by the amount
of funding provided to them from
these schedules.
SEC. 58. Item 6110-188-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
6110-188-0001--For local assistance,
Department of Education (Proposition 98),
Program 10.10-School Apportionments
Deferred Maintenance, for transfer to the
State School Deferred Maintenance Fund..... 241,903,000
161,903,000
Provisions:
1. The funds appropriated in this
item shall be transferred to
the State School Deferred
Maintenance Fund and are
available for funding
applications received by the
Department of General
Services, Office of Public
School Construction for the
purpose of payments to school
districts for deferred
maintenance projects pursuant
to Section 17584 of the
Education Code.
2. An additional $115,479,000 in
expenditures for this item is
appropriated in Item 6110-485
from the Proposition 98
Reversion Account for the
purposes of this item.
SEC. 59. Item 6110-227-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
6110-227-0001--For local assistance,
Department of Education (Proposition 98),
established pursuant to Article 4 (commencing
with Section 315) of Chapter 3 of Part 1 of
the Education Code, English language tutoring
to children with limited English proficiency.. 50,000,000
Schedule:
(1) 10-Instruction......... 50,000,000
Provisions:
1. Funds appropriated in this item are
contingent upon approval of
legislation during the 2007-08
Regular Session that clarifies the
use of these funds.
SEC. 60. Item 6110-485 of Section 2.00 of the
Budget Act of 2007 is amended to read:
6110-485--Reappropriation (Proposition 98), Department
of Education. The sum of 15 $48
0,674,000 is hereby
reappropriated from the Proposition 98 Reversion
Account, for the following purposes:
0001--General Fund
(1) $100,000,000 to the School Facilities
Program for the purpose of funding the
School Facilities Emergency Repair
Account as required by Chapter 899 of
the Statutes of 2004.
(2) $8,8l0,000 to the State Department of
Education for the purpose of the
Teacher Credentialing Block Grant
pursuant to Article 4 (commencing with
Section 41520) of Chapter 3.2 of Part
24 of the Education Code to fund
estimated participation in the 2006-07
budget year.
(8) $4,100,000 to the State Department of
Education for the purpose of funding
community day school program
deficiencies from the 2006-07 fiscal
year.
(9) $1,900,000 to the State Department of
Education on a one-time basis for
maintenance of the K-12 High Speed
Network. The program shall provide a
status report to the Department of
Finance, Legislative Analyst's Office,
and budget committees of each house of
the Legislature by March 1, 2008, on
the use of these funds and whether any
unplanned program savings are
anticipated (due to vendor allowances,
base program savings, or other
specified matters).
(11) $385,000 to the Superintendent of
Public Instruction, on a one-time
basis, for allocation to the 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 $150,000
for an 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. The 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
superintendent of schools with
jurisdiction over those school
districts, the Department of Finance,
and the Office of the Secretary for
Education.
(12) $ 3 11 5,479,000
to the State
Department of
Education, on a one-time basis, to
backfill the Deferred Maintenance
Program.
(13) Notwithstanding subdivision (b) of
Section 17592.71 of the Education
Code, $250,000,000 shall be
transferred by the Controller from the
School Facilities Emergency Repair
Account to the Proposition 98
Reversion Account no later than 30
days after the enactment of the Budget
Act. By March 31, 2008, the Director
of Finance shall determine whether
there are sufficient funds in the
School Facility Emergency Repair
Account to cover approved grants for
the Schools Emergency Repairs Grant
Program pursuant to Article 1.5
(commencing with Section 17592.70) of
Chapter 5 of Part 10 of the Education
Code. If the Director of Finance
determines that the amount available
in the School Facilities Emergency
Repair Account is insufficient to
cover approved grants, the amount
necessary to fund grants approved by
the State Allocation Board shall be
transferred back from the Proposition
98 Reversion Account to the School
Facilities Emergency Repair Account.
(14) $250,000,000 to the State Department
of Education for the home-to-school
transportation program, pursuant to
Article 10 (commencing with Section
41850) of Chapter 5 of Part 24 of the
Education Code, and Small School
District Transportation, pursuant to
Article 4.5 (commencing with Section
42290) of Chapter 7 of Part 24 of the
Education Code.
SEC. 61. Item 6110-495 of Section 2.00 of the
Budget Act of 2007 is amended to read:
6110-495--Reversion, Department of Education,
Proposition 98. The following amounts shall be reverted
to the Proposition 98 Reversion Account by the
Controller within 60 days of enactment of this act:
0001--General Fund
(1) $10,000,000 of the balance in the
Child Care Facilities Revolving Fund
established pursuant to Section 8278.3
of the Education Code.
(2) $10,202,000 or whatever the greater or
lesser amount reflects the unexpended
funds from Schedules (1) and (2) of
Item 6110-113-0001 of the Budget Act
of 2005 (Chs. 38 and 39, Stats. 2005).
(3) $298,000 or whatever the greater or
lesser amount reflects the
unencumbered balance of the amount
appropriated for Specialized Secondary
Programs in Item 6110-122-0001 of the
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005).
(4) $14,200,000 or whatever the greater or
lesser amount reflects the unexpended
funds from Schedules (1) and (2) of
Item 6110-123-0001 of the Budget Act
of 2005 (Chs. 38 and 39, Stats. 2005).
(6) $1,394,000 or whatever the greater or
lesser amount reflects the unexpended
funds from Schedules (2) and (4) of
Item 6110-113-0001 of the Budget Act
of 2004 (Ch. 208, Stats. 2004).
(7) $1,550,000 or whatever the greater or
lesser amount reflects the unexpended
funds from Schedules (1) and (2) of
Item 6110-116-0001 of the Budget Act
of 2004 (Ch. 208, Stats. 2004).
(9) $1,515,000 or whatever the greater or
lesser amount reflects the unexpended
funds from Item 6110-166-0001 of the
Budget Act of 2004 (Ch. 208, Stats.
2004).
(10) $305,000 or whatever the greater or
lesser amount reflects the unexpended
funds from Item 6110-195-0001 of the
Budget Act of 2004 (Ch. 208, Stats.
2004).
(11) $111,000 or whatever the greater or
lesser amount reflects the unexpended
funds from Schedule (7) of Item 6110-
485 of the Budget Act of 2004 (Ch.
208, Stats. 2004).
(12) $10,000,000 or whatever lesser or
greater amount reflects the unexpended
funds from Schedule (3) of Item 6110-
491 of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(13) $1,500,000 or whatever the greater or
lesser amount reflects the unexpended
funds from Schedule (1) of Item 6110-
113-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(14) $266,000 or whatever lesser or greater
amount reflects the unexpended funds
from Schedule (3) of Item 6110-491 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(15) $200,000 or whatever lesser or greater
amount reflects the unexpended funds
from Schedule (3) of Item 6110-491 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(16) $2,300,000 or whatever greater or
lesser amount reflects the unexpended
funds from Schedule (1) of Item 6110-
203-0001 of the Budget Act of 2005
(Chs. 38 and 39, Stats. 2005).
(17) $1,325,000 or whatever greater or
lesser amount reflects the unexpended
funds from Item 6110-224-0001 of the
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005).
(18) $953,000 from Schedule (1) of Item
6110-228-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats. 2005).
(19) $200,000 or whatever greater or lesser
amount reflects the unexpended funds
from Schedule (1) of Item 6110-161-
0001 of the Budget Act of 2005 (Chs.
38 and 39, Stats. 2005).
(20) $84,000 or whatever greater or lesser
amount reflects the unexpended funds
from Item 6110-245-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(21) $10,583,000 or whatever greater or
lesser amount reflects the unexpended
funds from subparagraph (D) of
paragraph (1) of subdivision (a) of
Chapter 900 of the Statutes of 2004.
(22) $5,094,000 or whatever greater or
lesser amount reflects the unexpended
funds from Item 6110-234-0001 of the
Budget Act of 2004 (Ch. 208, Stats.
2004).
(23) $1,000,000 or whatever greater or
lesser amount reflects the unexpended
funds from Schedule (3) of Item 6110-
198-0001 of the Budget Act of 2004
(Ch. 208, Stats. 2004).
(24) $1,000,000 or whatever greater or
lesser amount reflects the unexpended
funds from Schedule (1) of Item 6110-
203-0001 of the Budget Act of 2004
(Ch. 208, Stats. 2004).
(25) $693,000 or whatever greater or lesser
amount reflects the unexpended funds
from 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.
(26) $657,000 or whatever greater or lesser
amount reflects the unexpended funds
from Schedule (1) of Item 6110-193-
0001 of the Budget Act of 2004
(Ch. 208, Stats. 2004).
(27) $418,000 or whatever greater or lesser
amount reflects the unexpended funds
from Item 6110-111-0001 of the Budget
Act of 2004 (Ch. 208, Stats. 2004).
(28) $71,000 or whatever greater or lesser
amount reflects the unexpended funds
from Item 6110-161-0001 of the Budget
Act of 2004 (Ch. 208, Stats. 2004).
(29) $10,675,000 or whatever greater or
lesser amount reflects the unexpended
funds from paragraph (3) of
subdivision (a) of Chapter 227 of the
Statutes of 2003.
(30) $5,362,000 or whatever greater or
lesser amount reflects the unexpended
funds from paragraph (5) of
subdivision (a) of Section 44 of
Chapter 227 of the Statutes of 2003.
(31) $55,000 or whatever greater or lesser
amount reflects the unexpended funds
from Schedule (4) of Item 6110-226-
0001 of the Budget Act of 2002 (Ch.
379, Stats. 2002).
(32) $25,000,000 or whatever greater or
lesser amount reflects the unexpended
funds from Item 6110-137-0001 of the
Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006).
(33) $1,005,000 or whatever greater or
lesser amount reflects the unexpended
funds from Schedule (4) of Item 6110-
485 of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(34) $11,691,000 or whatever greater or
lesser amount reflects the unexpended
funds from subparagraph (E) of
paragraph (2) of subdivision (a) of
Section 31 of Chapter 73 of the
Statutes of 2005.
(35) $664,000 or whatever greater or lesser
amount reflects the unexpended funds
from subparagraph (J) of paragraph (2)
of subdivision (a) of Section 31 of
Chapter 73 of the Statutes of 2005.
SEC. 62. Item 7100-001-0514 of Section 2.00 of the
Budget Act of 2007 is amended to read:
7100-001-0514--For support of Employment
Development Department, for payment to
Item 7100-001-0870, payable from the
Employment Training Fund................... 61,600,000
51,600,000
Provisions:
1. Upon order of the Director of
Finance, funds disencumbered
from Employment Training Fund
training contracts during the
2007-08 fiscal year that have
not reverted as of July 1,
2007, may be appropriated in
augmentation of this item.
2. Notwithstanding subparagraph
(B) of paragraph (2) of
subdivision (a) of Section
10206 of the Unemployment
Insurance Code, the Employment
Training Panel's
administrative costs may
exceed 15 percent of the
amount appropriated in this
item.
SEC. 63. Item 7100-001-0870 of Section 2.00 of the
Budget Act of 2007 is amended to read:
7100-001-0870--For support of Employment
Development Department, payable from the
Unemployment Administration Fund-Federal.. 523,595,000
Schedule:
(1) 10-Employment and
Employment Related
Services............ 180,125,000
(2) 21-Tax Collections
and Benefit
Payments............ 626,785,000
(3) 22-California
Unemployment
Insurance Appeals
Board............... 74,196,000
(4) 30.01-General
Administration...... 56,859,000
(5) 30.02-Distributed
General
Administration...... -51,194,000
(6) 50-Employment
Training Panel...... 56,345,000
46,345,000
(7) Reimbursements...... -22,916,000
(8) Amount payable from
the General Fund
(Item 7100-001-
0001)............... -25,176,000
(9) Amount payable from
the Employment
Development
Department Benefit
Audit Fund (Item
7100-001-0184)...... -14,621,000
(10) Amount payable from
the Employment
Development
Contingent Fund
(Item 7100-001-
0185)............... -79,495,000
(11) Amount payable from
the Employment
Training Fund (Item
7100-001-0514)...... -61,600,000
-51,600,000
(12) Amount payable from
the Unemployment
Compensation
Disability Fund
(Item 7100-001-
0588)............... -214,768,000
(13) Amount payable from
the School
Employees Fund
(Item 7100-001-
0908)............... -945,000
Provisions:
1. Funds appropriated in this item
are in lieu of the amounts that
otherwise would have been
appropriated pursuant to Section
1555 of the Unemployment
Insurance Code.
2. Provision 1 of Item 7100-001-
0588 also applies to funds
appropriated in this item for
the Unemployment Insurance
Program.
3. No later than September 13,
2007, the Secretary of Labor and
Workforce Development shall
report to the Director of
Finance and the Joint
Legislative Budget Committee on
the progress of the Underground
Economy Enforcement Program and
shall provide justification
for its continuance.
SEC. 64. Item 8860-001-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
8860-001-0001--For support of Department of
Finance...................................... 34,530,000
36,563,000
Schedule:
(1) 10-Annual Financial
Plan.................. 24,668,000
23,699,000
(2) 15-Statewide Systems
Development........... 2,315,000
6,615,000
(3) 20-Program and
Information System
Assessments........... 12,401,000
(4) 30-Supportive Data.... 13,067,000
16,069,000
(5) 40.01-Administration.. 6,411,000
(6) 40.02-Distributed
Administration........ -6,411,000
(7) Reimbursements........ -14,540,000
(8) Amount payable from
the General Fund
(Item 8860-002-0001).. -2,315,000
-6,615,000
(9) Amount payable from
Unallocated Special
Funds (Item 8860-011-
0494)................. -587,000
(10) Amount payable from
Unallocated Bond
Funds--Select (Item
8860-011-0797)........ -127,000
(11) Amount payable from
Other Unallocated
Nongovernmental Cost
Funds (Item 8860-011-
0988)................. -352,000
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 2007-08 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,
2007, 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, 2008, for the
purpose of providing
continuity of services.
5. Of the amount appropriated in
Schedule (1), $654,000 is
available to support the Public
Employee Post-Employment Benefits
Commission established pursuant to
Executive Order S-25-06. Any
unencumbered balance will revert
to the General Fund.
SEC. 65. Item 8860-002-0001 of Section 2.00 of the
Budget Act of 2007 is amended to read:
8860-002-0001--For support of Department of
Finance, for payment to Item 8860-001-0001.... 2,315,000
6,615,000
Provisions:
1. The Department of Finance shall
submit to the Legislature, no later
than April 1, 2008, an approved
Special Project Report for the
Financial Information System for
California (Project #8860-30). The
Special Project Report shall
incorporate project alternatives that
include, at a minimum: (a) continuing
with the project as proposed in the
Special Project Report approved
December 15, 2006, (b) continuing
with the design, development, and
implementation of the Budget
Information System as described in
the Feasibility Study Report dated
July 14, 2005, (c) developing and
implementing a proof of concept
including the control agencies'
statewide functions and a select few
departments, and (d) no action.
2. The Special Project Report shall also
include: (a) a plan of funding that
evaluates alternative financing
options and the use of special funds
and federal funds, (b) a report on
the status of funding discussions
with the federal government, (c) the
formalization of roles and
responsibilities, through the
execution of memoranda of
understanding, among the following
project partners: the Director of
Finance, the Controller, the
Treasurer, and the Director of
General Services, (d) a revised
project management plan addressing
project leadership succession
planning and vendor accountability
through the management of contracts,
and (e) a project oversight plan that
includes regular and independent
reviews by the Office of Technology
Review, Oversight, and Security and
the Bureau of State Audits.
3. The Department of Finance shall
transfer the contract administration
authority for the Financial
Information System for California
(FI$Cal) project's contract related
to Independent Project Oversight
(contract) services to the Bureau of
State Audits. The bureau shall
monitor the contract, including
assessing whether the concerns of the
contractor are being addressed, and
shall periodically report on the
contract pursuant to Chapter 6.5
(commencing with Section 8543) of
Division 1 of Title 2 of the
Government Code. The department shall
amend the contract to reflect the
requirements of this provision and
shall consult with the bureau in
making that amendment, and the bureau
shall approve the contents of the
amendment prior to its execution. The
contract shall be amended prior to
any vendor payment from any amounts
appropriated in this item to fund the
contract. For purposes of this
provision, ""transfer the contract
administration authority'' means that
the bureau's authority under the
contract shall include, but not
necessarily be limited to, the
following:
(a) Receiving and approving for
payment by the department, all
invoices for payment under the
contract.
(b) Directly receiving from the
contractor any reports or other
products produced under the
contract, without any
modification to those reports or
products by the department.
(c) Receiving notice of any and all
meetings held under the contract
so that the bureau may attend
those meetings.
(d) Receiving communications made
under the contract.
Nothing in this provision shall
supersede or compromise the Office of
Technology Review, Oversight, and
Security's project oversight
authority and responsibilities with
respect to the FI$Cal project.
4. A communication plan between
oversight entities and contractors
shall be developed and presented to
the Legislature concurrent with the
Special Project Report.
SEC. 66. Item 9350-104-6065 of Section 2.00 of the
Budget Act of 2007 is amended 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 Port Security Fund of 2006............. 600,000,000
Provisions:
1. These funds shall be available
for allocation by the
California Transportation
Co mmissio n troller until
June 30, 2010.
SEC. 67. Section 4.05 of the Budget Act of 2007 is
amended to read:
SEC. 4.05. (a) The Director of Finance, in consultation with
agency secretaries and other cabinet members, shall reduce General
Fund appropriations in the 2007-08 fiscal year by a total of
$60,297,000 $100,297,000 on a one-time basis.
Each agency secretary shall recommend to the Director of Finance
amounts to be reduced from the appropriations to departments within
the agency. The Director of Finance may provide the agency
secretaries with target reduction amounts, in which case the agency
secretaries shall provide the Director of Finance with a list of
recommended reductions that is no less than the target amount for
that agency. For departments not reporting to an agency secretary,
the Director of Finance shall determine the amount of the reductions.
(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 impact 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) General Fund savings from appropriations other than those in
the 2007-08 fiscal year may be credited towards the overall savings
in subdivision (a). Savings from funds other than the General Fund
that would otherwise revert to the General Fund in the 2007-08 fiscal
year may also be credited towards the total savings specified in
subdivision (a).
(d) 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.
(e) Not later than
February 15, 2008, 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 the
following: each specific reduction by department, agency, and
program; whether the reduction is one time or ongoing; a description
of programmatic effects; the number and description of positions
affected; and any other description necessary to fully disclose the
reduction's impact.
(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 subdivision (a) 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 subdivision
(a) by more than 5 percent.
SEC. 68. Section 9.00 is added to the Budget Act
of 2007 to read:
SEC. 9.00. Notwithstanding any other provision of law, the
Director of Finance may reduce the appropriation in Schedule (14) of
Item 6110-485 in order to ensure adequate funds in the Proposition 98
Reversion Account in the event the transfer from the Proposition 98
Reversion Account to the School Facilities Emergency Repair Account
described in Schedule (13) of Item 6110-485 is required.
If the Director of Finance reduces the amount in Schedule (14) of
Item 6110-485 to ensure adequate funding in the School Facilities
Emergency Repair Account, the director shall adjust Item
6110-111-0046 upward by an equal amount to ensure that funding for
the Home-to-School transportation program is consistent with the
total amount appropriated for the program by this act.
SEC. 69. Section 11.15 is added to the Budget Act
of 2007 to read:
SEC. 11.15. Notwithstanding any other provision of law, whenever
a reference is made to the Department of Finance or the Office of the
State Chief Information Officer related to review, approval, or
legislative notification for information technology projects, the
following shall apply:
(a) From the period July 1, 2007, to December 31, 2007, inclusive,
references to either of the above organizations related to
information technology projects shall require approval or
notification or both by the Department of Finance.
(b) From the period January 1, 2008, to June 30, 2008, inclusive,
references to either of the above organizations related to
information technology projects shall require approval or
notification or both by the Office of the State Chief Information
Officer.
This section does not apply to Sections 11.00 and 11.10.
SEC. 70. Section 12.32 of the Budget Act of 2007
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
chairperson of the committee in each house of the Legislature that
considers appropriations and the Chairperson of the Joint Legislative
Budget Committee, or within a lesser time that the chairperson of
the joint committee, or his or her designee, determines.
(b) Pursuant to the Proposition 98 funding requirements
established in Chapter 2 (commencing with Section 41200) of Part 24
of the Education Code, the total appropriations for Proposition 98
for the 2007-08 fiscal year are $41,929,603,000
$41,492,504,000 or 42.6 42.2
percent of total General Fund revenues and transfers subject to the
state appropriations limit. General Fund revenues appropriated for
school districts are $37,639,628,000
$37,202,628,000 or 38.3 37.8
percent of total General Fund revenues and transfers subject to the
state appropriations limit. General Fund revenues appropriated for
community college districts are $4,170,624,000 or 4.2 percent of
total General Fund revenues and transfers subject to the state
appropriations limit. General Fund revenues appropriated for other
state agencies that provide direct elementary and secondary level
education, as defined in Section 41302.5 of the Education Code, are
$119,252,000 or 0.1 percent of total General Fund revenues and
transfers subject to the state appropriations limit.
SEC. 71. Section 24.80 is added to the Budget Act
of 2007 to read:
SEC. 24.80. (a) Notwithstanding any other provision of law, the
Director of Finance is authorized to reimburse four hundred nine
million dollars ($409,000,000) in General Fund expenditures for the
purposes of offsetting the cost of debt service payments made in
prior fiscal years for public transportation related general
obligation bond expenditures in the 2007-08 fiscal year from the
Public Transportation Account. 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) This reimbursement will result in overall General Fund
savings. 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 funding debt
service on bonds benefiting public transportation is a component of
the state's mass transportation program.
(d) Under the provisions of Article XIX B as amended by
Proposition 1A in the November 7, 2006, statewide general election,
funds from sales taxes on fuels that are placed in the General Fund
must be then allocated to the Transportation Investment Fund and
distributed in conformance to the provisions of Proposition 42 that
are applicable to that year. If the provisions of Proposition 42 are
suspended in the future, Proposition 1A provides that any proceeds
from sales taxes on fuels that are placed in the General Fund must be
repaid in three years and limits future suspensions. Thus any funds
from sales taxes on fuels can no longer be retained in the General
Fund and thus cannot practically become revenues that affect the
calculation of the Proposition 98 guarantee.
(e) Because there were no revenues from the sales tax on fuel
deposited in the General Fund in the 1986-87 fiscal year, the
calculation of the first year of funding guaranteed to schools under
Proposition 98 is not affected by this revenue source.
(f) The Legislature finds therefore that the operation of this
section does not reduce the amount of funds allocable to schools
under Article XVI of the California Constitution.
SEC. 72. Section 29.50 is added to the Budget Act
of 2007 to read:
SEC. 29.50. It is the intent of the Legislature that, in
assisting the Governor in preparing the State Budget for the 2008-09
fiscal year, the Department of Finance not include any proposed
funding for any of the following: (a) discretionary price adjustments
to state, University of California, or California University
operations, and (b) General Fund capital outlay, beyond the minimal
amount of fifty million dollars ($50,000,000) for emergencies and
contingencies.
SEC. 73 . Section 35.50 of the Budget
Act of 2007 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 2007-08 fiscal year pursuant to this act, as passed by the
Legislature, is $106,689,100,000
$106,764,100,000 .
(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. 74. Sections 1 to 73, inclusive, of this act shall
become operative only if the Budget Act of 2007, Senate Bill 77, as
proposed by Conference Report No. 1 on July 9, 2007, is enacted and
becomes effective on or before January 1, 2008.
SEC. 75. 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
2007-08 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.