BILL NUMBER: AB 180 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 24, 2009
INTRODUCED BY Committee on Budget (Evans (Chair), Arambula, Beall,
Blumenfield, Brownley, Caballero, Carter, De La Torre, Feuer, Hill,
Huffman, Monning, Ruskin, and Swanson)
FEBRUARY 2, 2009
An act relating to the Budget Act of 2009.
An act to amend and supplem ent the Budget Act of 2009
(Chapter 1 of the 2009-10 Third Extraordinary Session) by amending
Items 0250-001-0001, 0250-001-0159, 0250-001-0932, 0250-001-3037,
0250-001-3066, 0250-012-0001, 0250-101-0001, 0250-101-0932,
0250-102-0556, 0250-111-0001, 0250-112-0001, 0250-301-0660,
0250-301-3037, 0502-001-0001, 0502-001-9740, 0510-001-0001,
0510-001-9740, 0520-001-0001, 0520-001-0044, 0530-001-9732,
0540-001-0140, 0540-001-6031, 0540-001-6051, 0540-490, 0555-001-0028,
0555-001-0044, 0555-001-0235, 0559-001-0001, 0559-001-3078,
0650-001-0001, 0650-001-0890, 0690-001-0001, 0690-001-0890,
0690-001-6061, 0690-101-0890, 0690-102-0214, 0690-102-0890,
0820-001-0001, 0820-001-0378, 0820-001-0890, 0820-001-3086,
0840-001-0001, 0840-001-0061, 0840-001-0062, 0840-001-0330,
0840-001-0890, 0840-001-0903, 0840-001-0970, 0840-001-0988,
0840-001-6057, 0840-001-9740, 0840-011-0494, 0840-011-0797,
0840-011-0988, 0855-111-0367, 0860-001-0001, 0860-001-0022,
0860-001-0061, 0860-001-0623, 0860-001-3015, 0950-001-0001,
0950-001-9740, 0968-001-0457, 1111-002-0582, 1730-001-0001,
1730-001-0044, 1730-001-0064, 1730-001-0242, 1760-001-0666,
1760-101-0022, 1870-001-0001, 1870-001-0890, 1870-101-0890,
1880-001-0001, 1900-015-0815, 1900-015-0820, 1900-015-0830,
1900-015-0833, 1900-015-0884, 2240-001-0648, 2240-101-0001,
2240-101-0890, 2320-001-0317, 2660-001-0042, 2660-001-0890,
2660-001-6801, 2660-002-3007, 2660-002-3008, 2660-004-6055,
2660-004-6056, 2660-004-6058, 2660-004-6064, 2660-004-6072,
2660-102-0890, 2660-302-0042, 2660-302-0890, 2660-303-0042, 2660-491,
2665-004-6043, 2670-001-0290, 2720-001-0044, 2720-001-0840,
2720-001-0890, 2720-301-0044, 2740-001-0042, 2740-001-0044,
2740-001-0064, 3340-001-0001, 3340-001-0318,
3340-001-6051, 3360-001-0381, 3360-001-0465, 3360-001-0890,
3360-001-3117, 3480-001-0001, 3480-001-0133, 3480-001-0141,
3480-001-0336, 3480-001-3046, 3480-101-0005, 3540-001-0001,
3540-001-0140, 3540-001-0235, 3540-001-0890, 3540-001-3120,
3600-001-0001, 3600-001-0005, 3600-001-0200, 3600-001-0235,
3600-001-0320, 36 00-001-6051, 3600-101-0320,
3680-101-0516, 3680-101-0890, 3680-101-3001, 3760-001-0140,
3760-001-0565, 3760-301-0262, 3760-301-0371, 3760-301-0593,
3760-301-6051, 3760-301-6076, 3790-001-0001, 3790-001-0235,
3790-001-0263, 3790-001-0392, 3790-301-6051, 3790-490, 3790-497,
3810-001-0140, 3810-301-6031, 3855-001-0140, 3860-001-0001,
3860-001-0140, 3860-001-0404, 3860-001-0890, 3860-001-3057,
3860-001-6052, 3860-101-6052, 3860-301-6052, 3910-001-0387,
3910-001-0890, 3930-001-0106, 3940-001-0235, 3940-001-0439,
3940-001-0890, 3940-101-0001, 3960-001-0001, 3960-001-0014,
3960-001-0557, 3980-001-0001, 3980-001-0044, 3980-001-0106,
3980-001-0557, 3980-001-3056, 4120-101-0001, 4170-001-0001,
4170-001-0890, 4170-101-0890, 4200-001-0367, 4200-001-0890,
4200-001-3113, 4200-001-3146, 4200-101-3146, 4200-102-3146,
4200-103-3146, 4260-001-0001, 4260-001-0236, 4260-001-0890,
4260-101-0080, 4260-101-0232, 4260-101-0890, 4260-102-0001,
4260-102-0890, 4260-106-0890, 4260-111-0080, 4260-111-0236,
4260-111-0890, 4260-113-0890, 4260-117-0001, 4260-117-0890,
4265-001-0070, 4265-001-0099, 4265-001-0203, 4265-001-0234,
4265-001-0890, 4265-001-3098, 4265-111-0009, 4265-111-0231,
4265-111-0236, 4265-111-0890, 4265-111-6031, 4265-115-0890,
4265-115-6031, 4265-116-0890, 4265-401, 4270-001-0001, 4280-101-0890,
4280-102-0890, 4280-103-0890, 4280-103-3055, 4280-111-0233,
4280-111-0236, 4280-112-0232, 4280-112-0233, 4280-112-3133,
4300-003-0001, 4300-004-0001, 4300-101-0172, 4300-101-0890,
4300-103-0001, 4300-301-0001, 4440-001-0890, 4440-001-3085,
4440-011-0001, 4440-101-0001, 4440-101-0890, 4440-101-3085,
4700-001-0890, 4700-101-0890, 5160-001-0001, 5160-001-0890,
5160-101-0890, 5175-001-0001, 5175-001-0890,
5175-101-0001, 5175-101-0890, 5180-101-0890, 5180-141-0001,
5180-141-0890, 5180-151-0001, 5180-151-0890, 5180-153-0890,
5225-001-0001, 5225-001-0917, 5225-002-0001, 5225-011-0001,
5225-101-0001, 5225-301-0001, 5225-301-0660, 5225-301-0747,
6110-001-0001, 6110-001-0231, 6110-001-0890, 6110-102-0231,
6110-102-0890, 6110-104-0001, 6110-1 08-0001,
6110-113-0001, 6110-119-0001, 6110-119-0890, 6110-122-0001,
6110-124-0001, 6110-125-0001, 6110-125-0890, 6110-126-0890,
6110-134-0890, 6110-136-0890, 6110-140-0001, 6110-140-0349,
6110-156-0890, 6110-161-0001, 6110-161-0890, 6110-166-0001,
6110-166-0890, 6110-167-0001, 6110-170-0001, 6110-181-0001,
6110-181-0140, 6110-182-0001, 6110-183-0890, 6110-189-0001,
6110-193-0001, 6110-193-0890, 6110-195-0890, 6110-196-0001,
6110-196-0890, 6110-197-0890, 6110-198-0001, 6110-201-0890,
6110-202-0001, 6110-203-0001, 6110-211-0001, 6110-220-0001,
6110-228-0001, 6110-240-0001, 6110-240-0890, 6110-243-0001,
6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
6110-248-0001, 6110-268-0001, 6440-001-0001,
6440-001-0234, 6600-001-0001, 6610-001-0001, 6870-001-0001,
6870-002-0890, 6870-101-0001, 6870-103-0001, 6870-111-0001,
6870-295-0001, 6870-301-6041, 6870-301-6049, 7100-001-0001,
7100-001-0185, 7100-001-0514, 7100-001-0588, 7100-001-0869,
7100-001-0870, 7100-011-0185, 7100-011-0890, 7100-021-0890,
7100-101-0588, 7100-101-0869, 7100-101-0871, 7100-101-0890,
7100-101-0908, 7100-111-0890, 7120-001-0890, 7350-001-0001,
7350-001-3121, 7980-001-0001, 8260-001-0001, 8260-001-0890,
8260-101-0890, 8380-001-0001, 8380-004-0001, 8570-001-0001,
8570-001-0111, 8570-001-0890, 8660-001-0462, 8860-001-0001,
8885-295-0001, 8940-001-0001, 8955-001-0001, 9100-101-0001,
9620-001-0001, 9655-001-0001, 9655-001-0494, 9800-001-0001,
9800-001-0494, 9800-001-0988, and 9840-001-0001 of, by adding Items
0250-001-3138, 0250-111-0159, 0250-111-0556, 0250-111-3138,
0250-301-3138, 0250-490, 0502-001-0022, 0502-001-0666, 0502-001-9730,
0502-101-0022, 0502-301-0001, 0502-301-0042, 0502-301-0044,
0502-301-0200, 0502-301-0768, 0530-001-3151, 0540-491,
0540-493, 0559-011-3078, 0650-102-0890, 0650-490, 0690-001-0214,
0690-001-1014, 0690-301-0890, 0820-001-3136, 0820-011-0317,
0911-001-0001, 0968-101-0890, 1100-011-0267, 1111-002-3122, 1760-490,
2240-490, 2660-002-0890, 2660-011-0042, 2740-001-3154,
2740-011-0044, 2740-491, 3125-490, 3125-491, 33
40-001-0140, 3340-101-6051, 3340-490, 3340-491, 3480-001-0867,
3540-001-1014, 3540-001-3063, 3540-001-3117, 3540-301-0660, 3540-490,
3540-493, 3600-001-3117, 3600-101-0516, 3600-497, 3640-491,
3640-492, 3640-495, 3760-495, 3790-001-3117, 3790-001-3154,
3790-101-0005, 3790-491, 3790-492, 3790-494, 3810-491, 3850-301-0005,
3850-301-6029, 3850-301-6051, 3855-490, 3860-101-6025, 3860-490,
3860-491, 3860-492, 3860-493, 3860-495, 3900-101-6051, 3900-490,
3930-001-0140, 3940-011-0439, 3940-012-0439, 3940-101-3134,
3940-101-3145, 3940-496, 3980-001-0115, 3980-001-0200, 4140-490,
4260-495, 4265-495, 4265-496, 4265-497, 4280-112-0236, 4300-101-0496,
5225-490, 5225-491, 5225-496, 6110-008-0001,
6110-109-0001, 6110-198-0890, 6110-488, 6110-490, 6110-492,
6360-011-0407, 6360-011-0408, 6440-402, 6440-491, 6440-492, 6610-490,
6610-491, 6610-492, 6610-494, 6870-490, 6870-491, 6870-492,
6870-493, 6870-497, 7100-001-0871, 7350-001-3150, 7350-001-3152,
7350-011-0001, 7350-012-0001, 7980-101-0784, 7980-490, 8550-001-3153,
8550-011-3153, 8855-011-0001, 8940-001-3085, and 9350-104-6065 to,
and by repealing Items 0558-001-0001, 0650-001-0214, 0650-011-0001,
0650-101-0214, 1760-001-0001, 1760-001-0022, 1760-301-0001,
1760-301-0042, 1760-301-0044, 1760-301-0200, 1760-301-0768,
1955-001-9730, 3480-101-0867, 3600-001-0404, 3860-101-0544,
4200-001-3019, 4200-101-3019, 4200-105-0001, 4260-101-0236,
4260-111-0233, 4265-111-0232, 4265-111-0233, 4265-111-6051,
4265-301-0001, 4280-101-0236, 4280-104-0236, 4280-104-0890,
4280-111-0232, 4300-101-3148, 6110-008-0046, 6110-111-0046,
6110-111-3116, 6870-301-6028, 8550-001-0191, 8550-001-0942, and
8550-011-0942 of, Section 2.00 of that act, and by amending
Sections 3.60, 3.90, 4.01, 4.12, 12.00, 12.32, 12.42, 17.00,
25.50, and 35.50 of, by adding Sections 3.55, 4.85, 8.55, 12.45,
12.50, 12.55, 13.10, 13.25, 13.50, 15.30, 17.50, 17.80, 18.00, 18.10,
18.20, 18.30, 18.40, 18.50, 24.60, and 25.25 to, and by repealing
Section 24.65 of, that act, relating to the State Budget, making an
appropriation the refor, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 180, as amended, Committee on Budget. Budget Act of 2009 :
revisions .
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2009.
The Budget Act of 2009 (Chapter 1 of the 2009-10 Third
Extraordinary Session) made appropriations for the support of state
government for the 2009-10 fiscal year.
This bill would make revisions in those appropriations for the
2009-10 fiscal year. The bill would make specified reductions in
certain appropriations.
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 enact statutory changes relating to the Budget Act of 2009.
SECTION 1. For purposes of this act, the "Budget Act of
2009" means Chapter 1 of the 2009-10 Third Extraordinary Session, as
amended by Chapter 3 of the 2009-10 Third Extraordinary Session.
SEC. 2. Item 0250-001-0001 of Section 2.00 of the Budget Act
of 2009 is amended to read:
0250-001-0001--For support of Judicial
Branch.................................... 354,945,000
354,711,000
Schedule:
(1) 10-Supreme Court.... 47,299,000
47,283,000
(2) 20-Courts of Appeal. 208,912,000
208,694,000
(3) 30-Judicial Council. 119,412,000
(4) 35-Judicial Branch
Facility Program.... 2,217,000
(5) 50-California
Habeas Corpus
Resource Center..... 15,064,000
(5.5) 97.20.001-
Unallocated
Reduction........... -21,286,000
(6) Reimbursements...... -7,572,000
(7) Amount payable from
the Motor Vehicle
Account, State
Transportation Fund
(Item 0250-001-
0044)............... -184,000
(8) Amount payable from
the Court
Interpreters' Fund
(Item 0250-001-
0327)............... -161,000
(9) Amount payable from
the Federal Trust
Fund (Item 0250-001-
0890)............... -4,475,000
(10) Amount payable from
the Appellate Court
Trust Fund (Item
0250-001-3060)...... -4,281,000
Provisions:
1. Notwithstanding Section 26.00,
the funds appropriated or
scheduled in this item may be
allocated or reallocated among
categories by order of the
Judicial Council.
2. Of the funds appropriated in
this item, $200,000 is
available for reimbursement to
the Attorney General, or for
hiring outside counsel, for
prelitigation and litigation
fees and costs, including any
judgment, stipulated judgment,
offer of judgment, or
settlement. This amount is for
use in connection with (a)
matters arising from the
actions of appellate courts,
appellate court bench officers,
or appellate court employees,
(b) matters arising from the
actions of the Judicial
Council, council members, or
council employees or agents,
(c) matters arising from the
actions of the Administrative
Office of the Courts or its
employees, or (d) employment
litigation arising from the
actions of trial courts, trial
court bench officers, or trial
court employees. Either the
state or the Judicial Council
must be named as a defendant or
alleged to be the responsible
party. Any funds not used for
this purpose shall revert to
the General Fund.
3. The funds appropriated in
Schedule (5) shall be available
for costs associated directly
or indirectly with the
California Habeas Corpus
Resource Center (CHCRC). The
CHCRC shall report to the
Legislature and the Department
Legislature and the Director of
of Finance on September 1,
2009,
2009, and April 1, 2010, on
expenditures, specifically
detailing personal services
expenditures, operating
expenses, and equipment
expenditures.
4. Notwithstanding any other
provision of law, upon approval
and order of the Department of
and order of the Director of
Finance, the amount
appropriated in this item shall
be reduced by the amount
transferred in Item 0250-011-
0001 to provide adequate
resources to the Judicial
Branch Workers' Compensation
Fund to pay workers'
compensation claims for
judicial branch employees and
justices, and administrative
costs pursuant to Section
68114.10 of the Government Code.
SEC. 3. Item 0250-001-0159 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0250-001-0159--For support of Judicial
Branch, payable from the Trial Court
Improvement Fund............................ 9,574,000
Provisions:
1. Notwithstanding any other provision
of law, upon approval by the
Administrative Director of the
Courts, and notification to the
Department of Finance, the
chairpersons of the committees in
each house of the Legislature that
consider appropriations and the
State Budget, and the Chairperson
of the Joint Legislative Budget
Committee, the Controller shall
increase this item by no more than
$2,847,000 for recovery of costs
Courts, the Controller shall
increase this item up to
$18,673,000 for recovery of costs
for administrative services
provided to the trial courts by the
Administrative Office of the
Courts.
Courts. Any augmentation shall be
authorized no sooner than 30 days
after notification in writing to
the chairpersons of the committees
in each house of the Legislature
that consider appropriations, the
chairpersons of the committees and
appropriate subcommittees that
consider the State Budget, and the
Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time the chairperson of the joint
committee or his or her designee
may determine.
SEC. 4. Item 0250-001-0932 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0250-001-0932--For support of Judicial
Branch, payable from the Trial Court Trust
Fund......................................... 7,057,000
Schedule:
(1) 30-Judicial Council........ 7,057,000
Provisions:
1. Upon approval of the Administrative
Director of the Courts, the
Controller shall increase this item
by an amount sufficient to allow for
the expenditure of any transfer to
this item made pursuant to Provision
8 of Item 0250-101-0932.
2. Upon approval of the Administrative
Office of the Courts, the Controller
shall increase this item by an
amount sufficient to allow for the
expenditure of any transfers to this
item made pursuant to Provision 13
of Item 0250-101-0932.
SEC. 5. Item 0250-001-3037 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0250-001-3037--For support of Judicial
Branch, payable from the State Court
Facilities Construction Fund................ 73,267,000
66,159,000
Schedule:
(1) 30-Judicial Council... 7,933,000
(2) 35-Judicial Branch
Facility Program...... 75,334,000
68,226,000
(3) Reimbursements........ -10,000,000
Provisions:
1. The Director of Finance may
augment this item by an amount not
to exceed available funding in the
State Court Facilities
Construction Fund, after review of
a request submitted by the
Administrative Office of the
Courts that demonstrates a need
for additional resources
associated with and including, but
not limited to, the transfer,
acquisition, rehabilitation,
construction, or financing of
court facilities. This request
shall be submitted no later than
60 days prior to the effective
date of the augmentation. Any
augmentation shall be authorized
no sooner than 30 days after
notification in writing to the
chairpersons of the committees in
each house of the Legislature that
consider appropriations, the
chairpersons of the committees and
appropriate subcommittees that
consider the State Budget, and the
Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time the chairperson of the joint
committee or his or her designee
may determine.
2. Notwithstanding any other
provision of law, upon approval
and order of the Department of
and order of the Director of
Finance, the amount appropriated
in this item shall be reduced by
the amount transferred in Item
0250-011-0001 to provide adequate
resources to the Judicial Branch
Worker ' s ' Compensation
Fund to pay
workers compensation claims for
judicial branch employees and
administrative costs in accordance
with Section 68114.10 of the
Government Code.
3. Notwithstanding Section 70374 of
the Government Code, $1,155,000 of
the funds appropriated in this
item shall be available for the
Office of Court Construction and
Management, within the
Administrative Office of the
Courts, to manage and oversee
existing facilities for the trial
courts, courts of appeal,
Administrative Office of the
Courts, and the Habeas Corpus
Resource Center.
SEC. 6. Item 0250-001-3066 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0250-001-3066--For support of Judicial
Branch, payable from the Court Facilities
Trust Fund.................................... 24,899,000
89,581,000
Schedule:
(1) 35-Judicial Branch
Facility Program....... 26,423,000
91,105,000
(2) Reimbursements......... -1,524,000
Provisions:
1. Notwithstanding any other provision
of law, the Director of Finance may
authorize expenditures in excess of
this item for the operation,
repair, and maintenance of court
facilities pursuant to Section
70352 of the Government Code.
SEC. 7. Item 0250-001-3138 is added to Section
2.00 of the Budget Act of 2009, to read:
0250-001-3138--For support of Judicial
Branch, payable from the Immediate and
Critical Needs Account, State Court
Facilities Construction Fund................ 10,000,000
Schedule:
(1) 35-Judicial Branch
Facility Program..... 10,000,000
SEC. 8. Item 0250-012-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0250-012-0001--For transfer by the
Controller to the Court Facilities Trust
Fund...................................... 5,887,000
5,785,000
SEC. 9. Item 0250-101-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0250-101-0001--For local assistance,
Judicial Branch............................ 19,224,000
18,409,000
Schedule:
(1) 45.10-Support for
Operation of Trial
Courts.............. 7,101,000
6,430,000
(2) 45.55.010-Child
Support
Commissioners
Program (Article 4
(commencing with
Section 4250) of
Chapter 2 of Part 2
of Division 9 of
the Family Code).... 54,332,000
(3) 45.55.020-
California
Collaborative and
Drug Court Projects. 5,806,000
5,791,000
(4) 45.55.030-Federal
Child Access and
Visitation Grant
Program............. 800,000
(5) 45.55.050-Federal
Court Improvement
Grant Program....... 700,000
(6) 45.55.070-Grants--
Other............... 745,000
(7) 45.55.080-Federal
Grants-- Other...... 775,000
(8) 45.55.090-Equal
Access Fund Program. 10,905,000
10,776,000
(9) Reimbursements...... -59,665,000
(10) Amount payable from
Federal Trust Fund
(Item 0250-101-
0890)............... -2,275,000
Provisions:
1. In order to improve equal access
and the fair administration of
justice, the funds appropriated
in Schedule (8) are to be
distributed by the Judicial
Council through the Legal
Services Trust Fund Commission
to qualified legal services
projects and support centers as
defined in Sections 6213 to
6215, inclusive, of the Business
and Professions Code, to be used
for legal services in civil
matters for indigent persons.
The Judicial Council shall
approve awards made by the
commission if the council
determines that the awards
comply with statutory and other
relevant guidelines. Ten percent
of the funds in Schedule (8)
shall be for joint projects of
courts and legal services
programs to make legal
assistance available to pro per
litigants and 90 percent of the
funds in Schedule (8) shall be
distributed consistent with
Sections 6216 to 6223,
inclusive, of the Business and
Professions Code. The Judicial
Council may establish additional
reporting or quality control
requirements consistent with
Sections 6213 to 6223,
inclusive, of the Business and
Professions Code.
2. The amount appropriated in
Schedule (1) is available for
reimbursement of court costs
related to the following
activities: (a) payment of
service of process fees billed
to the trial courts pursuant to
the provisions of Chapter 1009
of the Statutes of 2002 , ;
(b)
payment of the court costs
payable under Sections 4750 to
4755, inclusive, and Section
6005 of the Penal Code , ;
and (c)
payment of court costs of
extraordinary homicide trials.
SEC. 10. Item 0250-101-0932 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0250-101-0932--For local assistance,
Judicial Branch, payable from the Trial
Court Trust Fund.......................... 2,926,185,000
2,943,158,000
Schedule:
(1) 45.10-Support for
Operation of the 2,721,342,00
Trial Courts........
2,517,940,0 0
0
(2) 45.25-Compensation
of Superior Court
Judges.............. 299,046,000
296,205,000
(3) 45.35-Assigned
Judges.............. 26,326,000
26,047,000
(4) 45.45-Court
Interpreters........ 93,908,000
92,794,000
(5) 45.55.060-Court
Appointed Special
Advocate (CASA)
Program............. 2,320,000
2,292,000
(6) 45.55.065-Model
Self-Help Program... 1,003,000
991,000
(7) 45.55.090-Equal
Access Fund Program. 5,753,000
5,685,000
(8) 45.55.095-Family
Law Information
Centers............. 361,000
357,000
(9) 45.55.100-Civil
Case Coordination... 858,000
848,000
(10) 97.20.001-
Unallocated
Reduction........... -224,732,000
0
(11) Reimbursements...... -1,000
Provisions:
1. Notwithstanding Section 26.00,
the funds appropriated or
scheduled in this item may be
allocated or reallocated among
categories by the Judicial
Council.
2. The funds appropriated in
Schedule (2) shall be made
available for costs of the
workers' compensation program
for trial court judges.
3. The amount appropriated in
Schedule (3) shall be made
available for all judicial
assignments. Schedule (3)
expenditures for necessary
support staff may not exceed the
staffing level that is necessary
to support the equivalent of
three judicial officers sitting
on assignments.
4. The funds appropriated in
Schedule (4) shall be for
payments for services of
contractual court interpreters,
and certified and registered
court interpreters employed by
the courts, and the
following court interpreter
coordinators: 1.0 each in
counties of the 1st through the
15th classes, 0.5 each in
counties of the 16th through the
31st classes, and 0.25 each in
counties of the 32nd through the
58th classes. For the purposes
of this provision, ""court
interpreter coordinators'' may
be full- or part-time court
employees, or those contracted
by the court to perform these
services.
The Judicial Council shall set
statewide or regional rates and
policies for payment of court
interpreters, not to exceed the
rate paid to certified
interpreters in the federal
court system.
The Judicial Council shall
adopt appropriate rules and
procedures for the
administration of these funds.
The Judicial Council shall
report to the Legislature and
Director of Finance annually
regarding expenditures from this
schedule.
5. Upon order of the Director of
Finance, the amount available
for expenditure in this item may
be augmented by the amount of
any additional resources
available in the Trial Court
Trust Fund, which is in addition
to the amount appropriated in
this item. Any augmentation
shall be authorized no sooner
than 30 days after notification
in writing to the chairpersons
of the committees in each house
of the Legislature that consider
appropriations, the chairperson s
of the committee s and appropriate
appropriate subcommittees that consider
the
consider the State Budget, and the
the Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time the chairperson of the
joint committee or his or her
designee may determine.
6. Notwithstanding any other
provision of law, upon approval
and order of the Department of
and order of the Director of
Finance, the amount appropriated
in this item shall be
reduced by the amount
transferred in Item 0250-115-
0932 to provide adequate
resources to the Judicial Branch
Workers' Compensation Fund to
pay workers' compensation claims
for judicial branch employees
and judges, and administrative
costs pursuant to Section
68114.10 of the Government Code.
7. Of the funds appropriated in
Schedule (1), which will be
transferred to the Trial Court
Improvement Fund in accordance
with subdivision (b) of Section
77209 of the Government Code, up
to $5,000,000 shall be available
for support of services for self-
represented litigants.
8. Upon approval by the
Administrative Director of the
Courts, and notification to the
Department of Finance, the
chairpersons of the committees
in each house of the Legislature
that consider appropriations and
the State Budget, and the
Chairperson of the Joint
Legislative Budget Committee,
Courts, the Controller shall
t he Controller shall t ransfer
by up to
$11,274,000 to
no more than $3,953,000 to Item
Item 0250-001-0932 for recovery of
of costs for administrative
services provided to the trial
courts by the Administrative
Office of the Courts. Any
augmentations shall be
authorized no sooner than 30
days after notification in
writing to the chairpersons of
the committees in each house of
the Legislature that consider
appropriations, the chairpersons
of the committees and
appropriate subcommittees that
consider the State Budget, and
the Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time the chairperson of the
joint committee or his or her
designee may determine.
9. In order to improve equal access
and the fair administration of
justice, the funds appropriated
in Schedule (7) are available
for distribution by the Judicial
Council through the Legal
Services Trust Fund Commission
to qualified legal services
projects and support centers as
defined in Sections 6213 to
6215, inclusive, of the Business
and Professions Code, to be used
for legal services in civil
matters for indigent persons.
The Judicial Council shall
approve awards made by the
commission if the council
determines that the awards
comply with statutory and other
relevant guidelines. Upon
approval by the Administrative
Director of the Courts, the
Controller shall transfer up to
5 percent of the funding
appropriated in Schedule (7) to
Item 0250-001-0932 for
administrative expenses. Ten
percent of the funds remaining
after administrative costs shall
be for joint projects of courts
and legal services programs to
make legal assistance available
to pro per litigants and 90
percent of the funds remaining
after administrative costs shall
be distributed consistent with
Sections 6216 to 6223,
inclusive, of the Business and
Professions Code. The Judicial
Council may establish additional
reporting or quality control
requirements consistent with
Sections 6213 to 6223,
inclusive, of the Business and
Professions Code.
10. Funds available for expenditure
in Schedule (7) may be augmented
by order of the Director of
Finance by the amount of any
additional resources deposited
for distribution to the Equal
Access Fund Program in
accordance with Sections 68085.3
and 68085.4 of the Government
Code. Any augmentation under
this provision shall be
authorized not sooner than 30
days after notification in
writing to the chairpersons
of the committees in each house
of the Legislature that consider
appropriations, the chairpersons
of the committees and
appropriate subcommittees that
consider the State Budget, and
the Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time the chairperson of the
joint committee, or his or her
designee, may determine.
11. Sixteen (16.0) subordinate
judicial officer positions are
authorized to be converted to
judgeships in the 2009-10 fiscal
year in the manner and pursuant
to the authority described in
subparagraph (B) of paragraph
(1) of subdivision (b) of
Section 69615 of the Government
Code, as described in the notice
filed by the Judicial Council
under subdivision (b) of
paragraph (3) of Section 69615.
12. Notwithstanding any other
provision of law, and upon
approval of the Director of
Finance, reimbursements in
Schedule (11) may be increased
by the amount of any additional
resources collected for the
recovery of costs for court-
appointed dependency counsel
services.
13. Upon approval of the
Administrative Director of the
Courts, the Controller shall
transfer up to $556,000 of the
funding identified in Provision
12 of this item to Item 0250-001-
0932 for administrative services
provided to the trial courts in
support of the court-appointed
dependency counsel program.
14. This item includes a one-time
augmentation of $130,000,000 to
offset the reductions in trial
court funding in the 2009-10
fiscal year. The Judicial
Council shall identify these
funds from the uncommitted fund
balance in the Trial Court Trust
Fund, which may be augmented
through transfers from the
Judicial Administration
Efficiency and Modernization
Fund, the Trial Court
Improvement Fund, and the
Immediate and Critical Needs
Account of the State Court
Facilities Construction Fund,
with specific amounts to be
determined by the Judicial
Council. The transfer of funds
from the Immediate and Critical
Needs Account of the State Court
Facilities Construction Fund
shall not exceed $25,000,000.
SEC. 11. Item 0250-102-0556 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0250-102-0556--For local assistance,
Judicial Branch, payable from the Judicial
Administration Efficiency and
Modernization Fund......................... 39,173,000
38,709,000
Provisions:
1. Upon approval of the Director
of Finance, the amount
available for expenditure in
this item may be augmented by
the amount of any additional
resources available in the
Judicial Administration
Efficiency and Modernization
Fund, which is in addition to
the amount appropriated in
this item. Any augmentation
shall be authorized no sooner
than 30 days after
notification in writing to the
chairpersons of the committees
in each house of the
Legislature that consider
appropriations, the
chairpersons of the committees
and appropriate subcommittees
that consider the State
Budget, and the c C
hairperson of
the Joint Legislative Budget
the joint c C ommittee, or
not sooner
than
sooner than whatever lesser time
the
time the C c hairperson of
the joint
Joint Legislative Budget
C c ommittee or his or her
designee may determine.
SEC. 12. Item 0250-111-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0250-111-0001--For transfer by the
Controller to the Trial Court Trust Fund.. 1,689,529,000
1,518,502,000
SEC. 13. Item 0250-111-0159 is added to Section
2.00 of the Budget Act of 2009, to read:
0250-111-0159--For transfer by the Controller
to the Trial Court Trust Fund.................. 1,000
Provisions:
1. The amount of funds available in this
item may be augmented in the 2009-10
fiscal year pursuant to Provision 14
of Item 0250-101-0932.
SEC. 14. Item 0250-111-0556 is added to Section 2.00 of
the Budget Act of 2009, to read:
0250-111-0556--For transfer by the Controller
to the Trial Court Trust Fund.................. 1,000
Provisions:
1. The amount of funds available in this
item may be augmented in the 2009-10
fiscal year pursuant to Provision 14
of Item 0250-101-0932.
SEC. 15. Item 0250-111-3138 is added to Section 2.00 of
the Budget Act of 2009, to read:
0250-111-3138--For transfer by the Controller
to the Trial Court Trust Fund.................. 1,000
Provisions:
1. The amount of funds available in this
item may be augmented in the 2009-10
fiscal year pursuant to Provision 14
of Item 0250-101-0932.
SEC. 16. Item 0250-112-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0250-112-0001--For transfer by the
Controller to the Judicial Administration
Efficiency and Modernization Fund......... 39,173,000
38,709,000
SEC. 17. Item 0250-301-0660 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0250-301-0660--For capital outlay, Judicial
Branch, payable from the Public Utilities
Branch, payable from the Public Buildings
Construction Fund............................. 33,919,000
Schedule:
(1) 91.18.001-Lassen
County: New Susanville
Courthouse--
Construction........... 33,919,000
Provisions:
1. The State Public Works Board may
issue lease - revenue bonds,
notes,
or bond anticipation notes pursuant
to Chapter 5 (commencing with
Section 15830) of Part 10b of
Division 3 of Title 2 of the
Government Code to finance the
design and construction of the
project authorized by this item.
2. The Judicial Branch and the State
Public Works Board are authorized
and directed to execute and deliver
any and all leases, contracts,
agreements, or other documents
necessary or advisable to
consummate the sale of bonds or
otherwise effectuate the financing
of the scheduled projects.
3. The State Public Works Board shall
not be deemed a lead or responsible
agency for purposes of the
California Environmental Quality
Act (Division 13 (commencing with
Section 2100 0 ) of the Public
Resources Code) for any activities
under the State Building
Construction Act of 1955 (Part 10b
(commencing with Section 15800) of
Division 3 of Title 2 of the
Government Code). This provision
does not exempt the Judicial
Council from the requirements of
the California Environmental
Quality Act. This provi s ect
ion is
intended to be declarative of
existing law.
SEC. 18. Item 0250-301-3037 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0250-301-3037--For capital outlay, Judicial
Branch, payable from the State Court 140,970,00
Facilities Construction Fund................ 0
43,100,000
Schedule:
(1) 91.04.001-Butte
County: New North
County Courthouse--
Acquisition........... 14,475,000
(2) 91.13.001-Imperial
County: New El Centro
Courthouse Family
Courthouse--
Acquisition........... 2,683,000
(3) 91.17.001-Lake
County: New Lakeport
Courthouse--
Acquisition........... 2,610,000
(4) 91.19.002-Los Angeles
County: New Southeast
Los Angeles
Courthouse--
Acquisition........... 22,726,000
(5) 91.20.001-Madera
County: New Madera
Courthouse-- Working
drawings.............. 4,863,000
(6) 91.27.001-Monterey
County: New South
Monterey County
Courthouse--
Acquisition........... 686,000
(7) 91.33.001-Riverside
County: New Riverside
Mid-County Courthouse-
- Working drawings.... 3,101,000
(8) 91.33.002-Riverside
County: New Indio
Juvenile and Family
Courthouse--
Acquisition........... 4,419,000
(9) 91.34.001-Sacramento
County: New
Sacramento Criminal
Courthouse--
Acquisition........... 3,096,000
(10) 91.36.001-San
Bernardino County:
New San Bernardino
Courthouse-- Working
drawings.............. 17,331,000
(11) 91.39.001-San Joaquin
County: New Stockton
Courthouse-- Working
drawings.............. 13,186,000
(12) 91.45.001-Shasta
County: New Redding
Courthouse--
Acquisition...........
6,996,000
(13) 91.49.001-Sonoma
County: New Santa
Rosa Criminal
Courthouse-
Acquisition........... 14,737,000
(14) 91.51.001-Sutter
County: New Yuba City
Courthouse--
Acquisition........... 1,059,000
(15) 91.52.001-Tehama
County: New Red Bluff
Courthouse--
Acquisition........... 16,289,000
(16) 91.54.001-Tulare
County: New
Porterville
Courthouse-- Working
drawings.............. 4,619,000
(17) 91.57.001-Yolo
County: New Woodland
Courthouse--
Acquisition........... 8,094,000
Provisions:
1. Notwithstanding any other
provision of law, each county
listed in this item shall
transfer responsibility or
responsibility and title to the
state prior to the release of
funds for all acquisition
projects.
2. Notwithstanding any other
provision of law, the Judicial
Council and each county listed in
this item shall have a county -
approved final plan in place
regarding disposition of space in
shared-use facilities prior to
the State Public Works Board
authorizing acquisition for that
project.
3. The Judicial Branch may enter
into a lease-purchase agreement
with the County of Alameda for
the New East County Courthouse
project that will provide lease
payments to the county subject to
Department of Finance approval.
The County of Alameda shall
transfer responsibility, or
responsibility and title of the
existing court facilities in the
County of Alameda prior to the
approval of a lease-purchase
agreement. At least 30 days prior
to entering into any agreement,
the Judicial Council shall notify
the chairpersons of the
committees in each house of the
Legislature that consider
appropriations and the Joint
Legislative Budget Committee of
the terms and conditions of the
agreement. If the Joint
Legislative Budget Committee does
not express any opposition, the
Judicial Council may proceed with
the agreement after 30 days from
when the Judicial Branch gave
notice to the chairpersons.
SEC. 19. Item 0250-301-3138 is added to Section
2.00 of the Budget Act of 2009, to read:
0250-301-3138--For capital outlay,
Judicial Branch, payable from the
Immediate and Critical Needs Account....... 99,609,000
Schedule:
(1) 91.04.001-Butte
County: New North
County Courthouse-
-Acquisition........ 14,475,000
(2) 91.13.001-Imperial
County: New El
Centro Courthouse-
-Acquisition........ 2,683,000
(3) 91.17.001-Lake
County: New
Lakeport Courthouse-
-Acquisition........ 2,610,000
(4) 91.19.002-Los
Angeles County: New
Southeast Los
Angeles Courthouse-
-Acquisition........ 22,726,000
(5) 91.27.001-Monterey
County: New South
Monterey County
Courthouse-
-Acquisition........ 686,000
(6) 91.33.002-Riverside
County: New Indio
Juvenile and Family
Courthouse-
-Acquisition........ 4,419,000
(7) 91.34.001-
Sacramento County:
New Sacramento
Criminal Courthouse-
-Acquisition........ 3,096,000
(8) 91.45.001-Shasta
County: New Redding
Courthouse-
-Acquisition........ 6,996,000
(9) 91.49.001-Sonoma
County: New Santa
Rose Criminal
Courthouse-
-Acquisition........ 14,737,000
(10) 91.51.001-Sutter
County: New Yuba
City Courthouse-
-Acquisition........ 1,059,000
(11) 91.52.001-Tehama
County: New Red
Bluff Courthouse-
-Acquisition........ 16,289,000
(12) 91.57.001-Yolo
County: New
Woodland Courthouse-
Acquisition......... 8,094,000
(13) 91.48.001-Solano
County: Renovation
to the Fairfield
Old Solano
Courthouse-
-Acquisition and
preliminary plans... 1,739,000
Provisions:
1. Notwithstanding any other
provision of law, each county
listed in this item shall
transfer responsibility or
responsibility and title to the
state prior to the release of
funds for all acquisition
projects.
2. Notwithstanding any other
provision of law, the Judicial
Council and each county listed
in this item shall have a
county-approved final plan in
place regarding disposition of
space in shared-use facilities
prior to the State Public Works
Board authorizing acquisition
for that project.
3. The Judicial Branch may enter
into a lease-purchase agreement
with the County of Alameda for
the New East County Courthouse
project that will provide lease
payments to the county subject
to approval by the Director of
Finance. The County of Alameda
shall transfer responsibility,
or responsibility and title, of
the existing court facilities
in the County of Alameda prior
to the approval of a lease-
purchase agreement. At least 30
days prior to entering into any
agreement, the Judicial Council
shall notify the chairpersons
of the committees in each house
of the Legislature that
consider appropriations and the
Joint Legislative Budget
Committee of the terms and
conditions of the agreement. If
the Joint Legislative Budget
Committee does not express any
opposition, the Judicial
Council may proceed with the
agreement after 30 days from
when the Judicial Branch gave
notice to the chairpersons.
4. The Judicial Branch may enter
into a lease-purchase agreement
with the County of Santa Clara
for the New Family Justice
Center Courthouse project that
will provide lease payments to
the county subject to approval
by the Director of Finance. The
County of Santa Clara shall
transfer responsibility, or
responsibility and title, of
the existing court facilities
in the County of Santa Clara
prior to the approval of a
lease-purchase agreement. At
least 30 days prior to entering
into any agreement, the
Judicial Council shall notify
the chairpersons of the
committees in each house of the
Legislature that consider
appropriations and the Joint
Legislative Budget Committee of
the terms and conditions of the
agreement. If the Joint
Legislative Budget Committee
does not express any
opposition, the Judicial
Council may proceed with the
agreement after 30 days from
when the Judicial Branch gave
notice to the chairpersons.
SEC. 20. Item 0250-490 is added to Section 2.00 of the
Budget Act of 2009, to read:
0250-490--Reappropriation, Judicial Branch. The
balances of the appropriations provided for in the
following citations are reappropriated for the
purposes and subject to the limitations, unless
otherwise specified, provided for in the
appropriations:
3037--State Court Facilities Construction Fund
(1) Item 0250-301-3037, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(0.5) 91.05.001-Calaveras County:
New San Andreas Courthouse-
-Working drawings
(1.5) 91.18.001-Lassen County: New
Susanville Courthouse--Working
drawings
(2) 91.20.001-Madera County: New
Madera Courthouse--Preliminary
plans
(3) 91.26.001-Mono County: New
Mammoth Lakes Courthouse-
-Construction
(5.5) 91.35.001-San Benito County:
New Hollister Courthouse-
-Preliminary plans and working
drawings
(7) 91.39.001-San Joaquin County:
New Stockton Courthouse-
-Preliminary plans
SEC. 21. Item 0502-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0502-001-0001--For support of the Office of
the State Chief Information Officer........... 4,253,000
4,721,000
Schedule:
(1) 10- Office of the State
State Chief
Information Officer...
251,454,000
Chief Information
(1.2) 20-Project Review and
Oversight............. 74,124,000
Officer...............
7,685,000
(2) Reimbursements........
-1,368,000
(2.1) Amount payable from
the State Emergency
Telephone Number
Account (Item 0502-
001-0022)............. -2,269,000
(2.2) Amount payable from
the Service Revolving
Fund (Item 0502-001-
0666)................. -74,972,000
(2.3) Amount payable from
the Department of
Technology Services
Revolving Fund (Item
0502-001-9730)........ -239,283,000
(2) Reimbursements........ -900,000
(3) Amount payable from
the Central Service
Cost Recovery Fund
(Item 0502-001-9740).. -2,532,000
-2,965,000
Provisions:
1. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred to Item 1760-001-0666
if the Director of Finance
determines the transfer to be
necessary to carry out Governor's
Reorganization Plan No. 1 of 2009.
These transfers may be made upon
the order of the Director of
Finance not sooner than 30 days
after notification in writing of
the necessity therefor is provided
to the chairpersons of the
committees in each house of the
Legislature that consider
appropriations and the Chairperson
of the Joint Legislative Budget
Committee, or not sooner than
whatever lesser time the
chairperson of the joint
committee, or his or her designee,
may in each instance determine.
SEC. 22. Item 0502-001-0022 is added to Section
2.00 of the Budget Act of 2009, to read:
0502-001-0022--For support of the Office
of the State Chief Information Officer,
for payment to Item 0502-001-0001,
payable from the State Emergency
Telephone Number Account.................. 2,269,000
SEC. 23. Item 0502-001-0666 is added to Section 2.00 of
the Budget Act of 2009, to read:
0502-001-0666--For support of the Office
of the State Chief Information Officer,
for payment to Item 0502-001-0001,
payable from the Service Revolving Fund... 74,972,000
SEC. 24. Item 0502-001-9730 is added to Section 2.00 of
the Budget Act of 2009, to read:
0502-001-9730--For support of the Office
of the State Chief Information Officer,
for payment to Item 0502-001-0001,
payable from the Department of Technology
Services Revolving Fund................... 239,283,000
SEC. 25. Item 0502-001-9740 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0502-001-9740--For support of the Office
of the State Chief Information Officer,
for payment to Item 0502-001-0001,
payable from the Central Service Cost
Recovery Fund............................. 2,532,000
2,965,000
SEC. 26. Item 0502-101-0022 is added to Section
2.00 of the Budget Act of 2009, to read:
0502-101-0022--For local assistance, Office
of the State Chief Information Officer, for
payment to the Department of General
Services, for reimbursement of local
agencies, service suppliers, and
communication equipment companies for costs
incurred pursuant to Sections 41137,
41137.1, 41138, and 41140 of the Revenue
and Taxation Code, payable from the State
Emergency Telephone Number Account.......... 120,604,000
Schedule:
(1) 911 Emergency
Telephone Number
System............... 104,523,000
(2) Enhanced Wireless
Services............. 16,081,000
SEC. 27. Item 0502-301-0001 is added to Section 2.00 of
the Budget Act of 2009, to read:
0502-301-0001--For capital outlay, Office of
the Chief Information Officer................. 0
Schedule:
(1) 50.10.250-Sacramento Public
Safety Communications
Decentralization, Resources-
-Working drawings............ 95,000
(2) Reimbursements............... -95,000
Provisions:
1. Notwithstanding any other provision
of law, the funds appropriated in
this item shall be reimbursed from
the Department of Water Resources.
SEC. 28. Item 0502-301-0042 is added to Section 2.00 of
the Budget Act of 2009, to read:
0502-301-0042--For capital outlay, Office
of the Chief Information Officer, payable
from the State Highway Account, State
Transportation Fund ........................ 555,000
Schedule:
(1) 50.10.250-Sacramento
Public Safety
Communications
Decentralization,
Resources--Working
drawings................... 555,000
SEC. 29. Item 0502-301-0044 is added to Section 2.00 of
the Budget Act of 2009, to read:
0502-301-0044--For capital outlay, Office of
the Chief Information Officer, payable from
the Motor Vehicle Account, State
Transportation Fund........................... 1,406,000
Schedule:
(1) 50.10.250-Sacramento Public
Safety Communications
Decentralization, Resources-
-Working drawings........... 1,406,000
SEC. 30. Item 0502-301-0200 is added to Section 2.00 of
the Budget Act of 2009, to read:
0502-301-0200--For capital outlay, Office
of the Chief Information Officer, payable
from the Fish and Game Preservation Fund.... 126,000
Schedule:
(1) 50.10.250-Sacramento
Public Safety
Communications
Decentralization,
Resources--Working
drawings................... 126,000
SEC. 31. Item 0502-301-0768 is added to Section 2.00 of
the Budget Act of 2009, to read:
0502-301-0768--For capital outlay, Office of
the Chief Information Officer, payable from
the Earthquake Safety and Public Buildings
Rehabilitation Fund of 1990................... 1,028,000
Schedule:
(1) 50.10.250-Sacramento Public
Safety Communications
Decentralization, Resources-
-Working drawings........... 1,028,000
SEC. 32. Item 0510-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0510-001-0001--For support of Secretary of
State and Consumer Services................... 1,439,000
971,000
Schedule:
(1) Support..................... 3,415,000
2,514,000
(2) Reimbursements.............. -644,000
(3) Amount payable from the
Central Service Cost
Recovery Fund (Item 0510- -1,332,00
001-9740)................... 0
-899,000
SEC. 33. Item 0510-001-9740 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0510-001-9740--For support of Secretary
of State and Consumer Services, for
payment to Item 0510-001-0001, payable
from the Central Service Cost Recovery
Fund...................................... 1,332,000
899,000
SEC. 34. Item 0520-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0520-001-0001--For support of Secretary of
Business, Transportation and Housing, for
payment to Item 0520-001-0044............... 2,036,000
2,428,000
Provisions:
1. Of the amount appropriated in this
item, $939,000 shall be available
for use by the California Travel
and Tourism Commission for use in
promoting California tourism to
potential visitors.
SEC. 35. Item 0520-001-0044 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0520-001-0044--For support of Secretary of
Business, Transportation and Housing, payable
from the Motor Vehicle Account, State
Transportation Fund............................ 1,580,000
Schedule:
(1) 10-Administration of
Business,
Transportation and
Housing Agency.......... 3,607,000
(2) 25-Infrastructure
Finance and Economic
Development Program..... 8,118,000
8,510,000
(3) Reimbursements.......... -3,208,000
(4) Amount payable from the
General Fund (Item 0520-
001-0001)............... -2,036,000
-2,428,000
(5) Amount payable from the
California
Infrastructure and
Economic Development
Bank Fund (Item 0520-
001-0649)............... -3,932,000
(6) Amount payable from the
California Small
Business Expansion Fund
(Item 0520-001-0918).... -570,000
(7) Amount payable from the
Welcome Center Fund
(Item 0520-001-3083).... -77,000
(8) Amount payable from the
Film Promotion and
Marketing Fund (Item
0520-001-3095).......... -10,000
(9) Amount payable from the
Chrome Plating
Pollution
Prevention Fund (Item
0520-001-9329).......... -312,000
Provisions:
1. Of the amount appropriated in
Schedule (2), $85,000 is for
reimbursement of the Department of
Toxic Substances Control for
expansion of the Model Shop Program
pursuant to Chapter 2 (commencing
with Section 42100) of Part 3 of
Division 30 of the Public Resources
Code.
SEC. 36. Item 0530-001-3151 is added to Section
2.00 of the Budget Act of 2009, to read:
0530-001-3151--For support of Secretary of
California Health and Human Services........... 0
Provisions:
1. The Director of Finance may authorize
an increase in this appropriation, up
to the total amount collected from
administrative fines assessed by the
Office of Health Information Integrity
pursuant to Section 56.36 of the Civil
Code. Any such approval shall be
accompanied by the approval of an
amended spending plan submitted by the
Office of Health Information Integrity
providing detailed justification for
the increased expenses. An approval of
an augmentation or spending plan may
be authorized not sooner than 30 days
after notification is provided to the
Chairperson of the Joint Legislative
Budget Committee in writing, or not
sooner than whatever lesser time the
chairperson of the joint committee, or
his or her designee, may determine.
SEC. 37. Item 0530-001-9732 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0530-001-9732--For support of Secretary of
California Health and Human Services,
payable from the Office of Systems
Integration Fund............................ 236,058,000
239,123,000
Schedule:
(1) 30-Office of Systems
Integration........... 236,058,000
239,123,000
SEC. 38. Item 0540-001-0140 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0540-001-0140--For support of Secretary of
the Natural Resources Agency, payable from the
the California Environmental License Plate
Fund.............
3,326,000
Fund.........................................
3,376,000
Schedule:
(1) 10-Administration of
Natural Resources
Resources Agency...... ..........
41,399,000
41,449,000
(2) 20-CALFED Bay-Delta
Program............... 17,814,000
20,713,000
(3) Reimbursements........ -8,904,000
(4) Amount payable from
the General Fund
(Item 0540-001-0001).. -5,736,000
(5) Amount payable from
the Safe Neighborhood
Parks, Clean Water,
Clean Air, and
Coastal Protection
Bond Fund (Item 0540-
001-0005)............. -274,000
(6) Amount payable from
the Environmental
Enhancement and
Mitigation Program
Fund (Item 0540-001-
0183)................. -141,000
(7) Amount payable from
the Federal Trust
Fund (Item 0540-001-
0890)................. -8,471,000
(8) Amount payable from
the California Clean
Water, Clean Air,
Safe Neighborhood
Parks, and Coastal
Protection Fund (Item
0540-001-6029)........ -2,072,000
(9) Amount payable from
the Water Security,
Clean Drinking Water,
Coastal and Beach
Protection Fund of
2002 (Item 0540-001-
6031)................. -3,976,000
-6,875,000
(10) Amount payable from
the Safe Drinking
Water, Water Quality
and Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
0540-001-6051)........ -26,046,000
(11) Amount payable from
the Disaster
Preparedness and
Flood Prevention Bond
Fund of 2006 (Item
0540-001-6052)........ -267,000
SEC. 39. Item 0540-001-6031 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0540-001-6031--For support of Secretary of
the Natural Resources Agency, for payment to
Item
to Item 0540-001-0140, payable from the Water
Water Security, Clean Drinking Water, Coastal
and
Coastal and Beach Protection Fund of 2002...
............
3,976,000
6,875,000
Provisions:
1. The funds appropriated in this item
for purposes of CALFED Science
Program grants shall be available
for encumbrance or expenditure
until June 30, 2012.
2. If legislation is enacted that
establishes new policy priorities
for the Sacramento-San Joaquin
Delta and a new governance
structure for the Delta, the
funding provided in this item for
the CALFED Science Program shall
continue to be available if it is
consistent with the newly
established priorities and
governance structure.
SEC. 40. Item 0540-001-6051 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0540-001-6051--For support of Secretary of
the Natural Resources Agency, for payment to
Item
to Item 0540-001-0140, payable from the Safe
Safe Drinking Water, Water Quality and Supply,
Supply, Flood Control, River and Coastal
Protection Fund of 2006.................... 26,046,000
Provisions:
1. The funds appropriated in this
item for purposes of
subdivision (n) of Section
75050 of the Public Resources
Code shall be available for
encumbrance or expenditure
until June 30, 2012, for
purposes of support, local
assistance, or capital outlay.
2. The funds appropriated in this
item for purposes of
subdivision (n) of Section
75050 of the Public Resources
Code shall continue only so
long as the United States
Bureau of Reclamation
continues to provide federal
funds and continues to carry
out federal actions to
implement the settlement
agreement in Natural Resources
Defense Council v. Rodgers
(2005) 381 F.Supp.2d 1212.
3. Of the funds appropriated in
this item, $800,000 shall be
for the City of Calexico for
environmental review,
engineering design, and
associated planning necessary
to develop a river parkway
plan and river improvement
project for the New River.
These funds are hereby
appropriated in order to
secure and serve as matching
funds for the $4,000,000
appropriation from the 2005
Safe, Accountable, Flexible,
Efficient Transportation
Equity Act: A Legacy for Users
(P.L. 109-59) to the City of
Calexico for the development
of bicycle paths and public
park space adjacent to the New
River.
SEC. 41. Item 0540-490 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0540-490--Reappropriation, Secretary of the
Natural Resources Agency. The balances of the
appropriations provided for in the following
citations are reappropriated for the purposes
provided for in those appropriations and shall
be available for encumbrance or expenditure
until June 30, 2012:
0140--California Environmental License
Plate Fund
(1) Reimbursements, Item 0540-001-0140,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008), for the purposes of the
CALFED Science Program
6029-- California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal
Protection Fund
(1) Item 0540-001-6029, Budget Act of 2003
(Ch. 157, Stats. 2003), as
reappropriated by Item 0540-490,
Budget Act of 2004 (Ch. 208, Stats.
2004)
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) Item 0540-001-6031, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), for
the purposes of the CALFED Science
Program
SEC. 42. Item 0540-491 is added to Section 2.00 of
the Budget Act of 2009, to read:
0540-491--Reappropriation, Secretary for
Natural Resources. Notwithstanding any other
provision of law, the period to liquidate
encumbrances of the appropriations in the
following citations is extended to June 30,
2011:
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) 0540-101-6031, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), for the
River Parkways Program and the Sierra
Nevada Cascade Conservation Program
SEC. 43. Item 0540-493 is added to Section 2.00 of the
Budget Act of 2009, to read:
0540-493--Reappropriation, Secretary for
Natural Resources. The balances provided for
in the following citations are reappropriated
for the purposes provided for in those
appropriations and shall be available for
encumbrance or expenditure until June 30, 2010:
0890--Federal Trust Fund
(1) Item 0540-001-0890, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), for
the Coastal Assistance Program
SEC. 44. Item 0555-001-0028 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0555-001-0028--For support of Secretary
for Environmental Protection, for payment
to Item 0555-001-0044, payable from the
Unified Program Account................... 1,487,000
4,219,000
SEC. 45. Item 0555-001-0044 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0555-001-0044--For support of Secretary for
Environmental Protection, payable from the
Motor Vehicle Account, State Transportation
Fund........................................... 1,965,000
Schedule:
(1) 30-Support............. 15,161,000
17,885,000
(2) Reimbursements......... -2,004,000
(3) Amount payable from
the General Fund (Item
0555-001-0001)......... -1,070,000
(4) Amount payable from
the Hazardous Waste
Control Account (Item
0555-001-0014)......... -327,000
(5) Amount payable from
the Unified Program
Account (Item 0555-
001-0028).............. -1,487,000
-4,219,000
(6) Amount payable from
the California Used
Oil Recycling Fund
(Item 0555-001-0100)... -30,000
(7) Amount payable from
the Department of
Pesticide Regulation
Fund (Item 0555-001-
0106).................. -842,000
(8) Amount payable from
the Air Pollution
Control Fund (Item
0555-001-0115)......... -1,462,000
(9) Amount payable from
the Waste Discharge
Permit Fund (Item 0555-
001-0193).............. -318,000
(10) Amount payable from
the Public Resources
Account, Cigarette and
Tobacco Products
Surtax Fund (Item 0555-
001-0235).............. -64,000
-56,000
(11) Amount payable from
the Recycling Market
Development Revolving
Loan Subaccount,
Integrated Waste
Management Fund (Item
0555-001-0281)......... -150,000
(12) Amount payable from
the Integrated Waste
Management Account,
Integrated Waste
Management Fund (Item
0555-001-0387)......... -768,000
(13) Amount payable from
the Underground
Storage Tank Cleanup
Fund (Item 0555-001-
0439).................. -875,000
(14) Amount payable from
the State Water
Quality Control Fund
(Item 0555-001-0679)... -188,000
(15) Amount payable from
the Rural CUPA
Reimbursement Account
(Item 0555-001-1006)... -862,000
(16) Amount payable from
the Water Rights Fund
(Item 0555-001-3058)... -40,000
(17) Amount payable from
the Environmental
Enforcement and
Training Account (Item
0555-001-8013)......... -2,132,000
(18) Amount payable from
the Environmental
Education Account
(Item 0555-001-8020)... -577,000
Provisions:
1. Notwithstanding Section 48653 of
the Public Resources Code, funds
appropriated in this item from the
California Used Oil Recycling Fund
shall be available for purposes of
administration.
2. Funds appropriated in this item
from the Environmental Education
Account are available for
appropriation only to the extent
that funding is received in the
Environmental Education Account
established by Section 71305 of the
Public Resources Code.
SEC. 46. Item 0555-001-0235 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0555-001-0235--For support of Secretary
for Environmental Protection, for payment
to Item 0555-001-0044, payable from the
Public Resources Account, Cigarette and
Tobacco Products Surtax Fund.............. 64,000
56,000
SEC. 47. Item 0558-001-0001 of Section 2.00 of the
Budget Act of 2009 is repealed.
0558-001-0001--For support of the Office of
the Secretary for Education.................. 977,000
Schedule:
(1) Secretary for Education.... 1,084,000
(2) Reimbursements............. -107,000
Provisions:
1. The amount appropriated in this item
is intended for support of the
Education Agency. The appropriation
is an estimate of the funding needs
from January 1, 2010, to June 30,
2010, inclusive. Legislation
establishing the agency will be
introduced and, if enacted, would be
effective on or before January 1,
2010. In the event that legislation
creating the agency is not effective
on or before January 1, 2010, or the
funds are needed prior to January 1,
2010, the unexpended balance of the
funds appropriated in this item
shall be available for expenditure
pursuant to Item 0650-011-0001, as
authorized by the Director of
Finance.
SEC. 48. Item 0559-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0559-001-0001--For support of the Labor and
Workforce Development Agency......................... 0
Schedule:
(1) 10-Office of the Secretary
of Labor and Workforce
Development................ 4,668,000
3,138,000
(2) Reimbursements............. -2,712,000
(3) Amount payable from the
Labor and Workforce
Development Fund (Item
0559-001-3078)............. -1,956,000
-426,000
SEC. 49. Item 0559-001-3078 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0559-001-3078--For support of the Labor and
Workforce Development Agency, for payment to
Item 0559-001-0001, payable from the Labor and 1,956,0
Workforce Development Fund...................... 00
426,000
Provisions:
1. The amount appropriated in this
item includes revenues derived
from the assessment of fines and
penalties imposed as specified in
Section 13332.18 of the
Government Code.
SEC. 50. Item 0559-011-3078 is added to Section
2.00 of the Budget Act of 2009, to read:
0559-011-3078--For transfer by the
Controller, upon order of the Director of
Finance, from the Labor and Workforce (5,500,00
Development Fund, to the General Fund........ 0)
Provisions:
1. In addition to the amount
specified in this item, the
Controller shall transfer to
the General Fund the
unencumbered balance in the
Labor and Workforce Development
Fund as of June 30, 2010, as
determined by the Director of
Finance.
SEC. 51. Item 0650-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0650-001-0001--For support of Office of
Planning and Research......................... 5,990,000
4,236,000
Schedule:
(1) 11-State Planning and
Policy Development.... 5,954,000
1,025,487,000
(2) 21-California
Volunteers............ 6,732,000
6,160,000
(3) Reimbursements........ -3,588,000
(4) Amount payable from
the Restitution Fund
(Item 0650-001-0214).. -285,000
(5) Amount payable from
the Federal Trust
Fund (Item 0650-001-
0890)................. -2,119,000
-1,023,119,000
(6) Amount payable from
the Central Service
Cost Recovery Fund
(Item 0650-001-9740).. -704,000
SEC. 52. Item 0650-001-0214 of Section 2.00 of the
Budget Act of 2009 is repealed.
0650-001-0214--For support of the Office
of Planning and Research, for payment to
Item 0650-001-0001, payable from the
Restitution Fund.......................... 285,000
SEC. 53. Item 0650-001-0890 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0650-001-0890--For support of Office of
Planning and Research, for payment to
Item 0650-001-0001, payable from the
Federal Trust Fund........................ 2,119,000
1,023,119,000
SEC. 54. Item 0650-011-0001 of Section 2.00 of the
Budget Act of 2009 is repealed.
0650-011-0001--For support of Office of
Planning and Research........................ 978,000
Schedule:
(1) Office of the Secretary
for Education.............. 1,090,000
(2) Reimbursements............. -112,000
Provisions:
1. The funds appropriated in this item
are intended for support of the
Education Agency. The appropriation
is an estimate of the funding needs
from July 1, 2009, to December 31,
2009, inclusive. Legislation
establishing the agency will be
introduced and, if enacted, would be
effective on or before January 1,
2010. After the effective date of
that legislation, and upon the
determination that all obligations
of the agency in the Office of
Planning and Research have been met,
the unexpended balance of the funds
appropriated in this item shall be
available for expenditure pursuant
to Item 0558-001-0001, as authorized
by the Director of Finance.
SEC. 55. Item 0650-101-0214 of Section 2.00 of the
Budget Act of 2009 is repealed.
0650-101-0214--For local assistance, Office
of Planning and Research, Program 11, State
Planning and Policy Development, payable
from the Restitution Fund.................... 9,215,000
Schedule:
(1) 11-State Planning and
Policy Development... 9,215,000
(a) Grants to the
City of Los
Angeles.......... (1,000,000)
(b) Competitive
grants to all
other cities..... (8,215,000)
Provisions:
1. All grantees must provide a dollar-
for-dollar match to state grant
funds awarded from Schedules (1) and
(2).
2. The Office of Planning and Research
shall submit a report and evaluation
of the grants awarded pursuant to
Schedules (1) and (2) to the fiscal
committees of the Legislature not
later than April 1, 2013.
3. The amount appropriated in Schedule
(2) shall be competitive grants to
cities. No grant shall exceed
$500,000, and at least two
grants shall be awarded to cities
with populations of 200,000 or less.
In awarding grants, the Office of
Planning and Research shall give
preference to applicants that
incorporate regional approaches to
anti-gang activities.
5. Each city that receives a grant from
Schedule (1) or (2) shall
collaborate and coordinate with area
jurisdictions and agencies,
including the existing county
juvenile justice coordination
council, with the goal of reducing
gang activity in the city and
adjacent areas. Each grantee shall
establish a coordinating and
advisory council to prioritize the
use of the funds. Membership shall
include city officials, local law
enforcement, including the county
sheriff, chief probation officer,
and district attorney, local
educational agencies, including
school districts and the county
office of education, and
community-based organizations.
6. Each city that receives a grant from
Schedule (1) or (2) shall distribute
at least 20 percent of the grant
funds it receives to one or more
community-based organizations
pursuant to the city's application.
SEC. 56. Item 0650-102-0890 is added to Section
2.00 of the Budget Act of 2009, to read:
0650-102-0890--For local assistance,
Office of Planning and Research, Program
11-State Planning and Policy Development,
payable from the Federal Trust Fund....... 1,110,000,000
SEC. 57. Item 0650-490 is added to Section 2.00 of the
Budget Act of 2009, to read:
0650-490--Reappropriation, Office of Planning
and Research. The balances of the
appropriations provided in the following
citations are reappropriated for the purposes
provided for in those appropriations and shall
be available for encumbrance or expenditure
until June 30, 2010:
0001--General Fund
(1) Item 0650-001-0001, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008),
$777,000 for the 2010 Census Program
SEC. 58. Item 0690-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0690-001-0001--For support of the
California Emergency Management Agency.... 44,813,000
45,995,000
Schedule:
(1) 20-Emergency
Management Services. 68,171,000
68,821,000
(2) 40-Special Programs
and Grant
Management.......... 71,498,000
78,678,000
(3) 65.01-
Administration and
Executive
Program............. 14,851,000
15,257,000
(4) 65.02-Distributed
Administration and
Executive........... -14,851,000
-15,257,000
(5) Reimbursements...... -4,284,000
(6) Amount payable from
the Unified Program
Account (Item
0690-001-0028)...... -824,000
(7) Amount payable from
the Nuclear
Planning Assessment
Special Account
(Item 0690-001-
0029)............... -1,089,000
(7.5) Amount payable from
the Restitution
Fund (Item 0690-001-
0214)............... -285,000
(8) Amount payable from
the Emergency
Response Fund (Item
0690-001-1014)...... -650,000
(9) Amount payable from
the Federal Trust
Fund (Item 0690-001-
0890)............... -85,396,000
-89,964,000
(10) Amount payable from
the Local Public
Prosecutors and
Public Defender
Training Fund (Item
0690-002-0241)...... -80,000
(11) Amount payable from
the Victim - Witness
Assistance Fund
(Item 0690-002-
0425)............... -1,290,000
(12) Amount payable from
the Equality in
Prevention and
Services for
Domestic Abuse Fund
(Item 0690-001-
3112)............... -60,000
(13) Amount payable from
the Transit System
Safety, Security,
and Disaster
Response Account,
Highway Safety,
Traffic Reduction,
Air Quality, and
Port Security Fund
of 2006 (Item 0690-
001-6061)........... -1,509,000
-2,654,000
(15) Amount payable from
the Antiterrorism
Fund (Item 0690-010-
3034)............... -324,000
Provisions:
1. Funds appropriated in this item
may be reduced by the Director
of Finance, after giving notice
to the Chairperson of the Joint
Legislative Budget Committee,
by the amount of federal funds
made available for the purposes
of this item in excess of
the federal funds scheduled in
Item 0690-001-0890.
2. The California Emergency
Management Agency shall charge
tuition for all training
offered through the California
Specialized Training Institute.
3. Upon approval by the Department
of Finance, the Controller
shall transfer such funds as
are necessary between this item
and Item 0690-101-0890.
4. Notwithstanding Section 8581.5
of the Government Code, the
California Emergency Council
shall not be required to
publish a biennial report
on the state of emergency
preparedness for catastrophic
disasters, as specified, during
the 2009-10 fiscal year.
SEC. 59. Item 0690-001-0214 is added to Section
2.00 of the Budget Act of 2009, to read:
0690-001-0214--For support of the
California Emergency Management Agency,
for payment to Item 0690-001-0001,
payable from the Restitution Fund......... 285,000
SEC. 60. Item 0690-001-0890 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0690-001-0890--For support of the
California Emergency Management Agency,
for payment to Item 0690-001-0001, payable
from the Federal Trust Fund................ 85,396,000
89,964,000
Provisions:
1. Any funds that may become
available, in addition to the
funds appropriated in this
item, for disaster response
and recovery may be allocated
by the Department of Finance
subject to the conditions of
Section 28.00, except that,
notwithstanding subdivision
(d) of that section, the
allocations may be made 30
days or less after
notification of the
Legislature.
2. Notwithstanding any other
provision of law, the funds
appropriated in this item may
be expended without regard to
the fiscal year in which the
application for reimbursement
was submitted to the Federal
Emergency Management Agency.
SEC. 61. Item 0690-001-1014 is added to Section
2.00 of the Budget Act of 2009, to read:
0690-001-1014--For support of the
California Emergency Management Agency,
for payment to Item 0690-001-0001,
payable from the Emergency Response Fund.. 650,000
SEC. 62. Item 0690-001-6061 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0690-001-6061--For support of the
California Emergency Management Agency, for
payment to Item 0690-001-0001, payable from
the Transit System Safety, Security, and
Disaster Response Account, Highway Safety,
Traffic Reduction, Air Quality, and Port
Security Fund of 2006 ...................... 1,509,000
2,654,000
Provisions:
1. Upon approval of the Director
of Finance, expenditure
authority for this item may be
increased by up to $200,000 to
reimburse the Department of
Finance for bond audit costs
related to the implementation
of Proposition 1B. Any
augmentation shall be
authorized no sooner than 30
days after notification in
writing to the Chairperson of
the Joint Legislative Budget
Committee, or not sooner than
whatever lesser time the
chairperson of the joint
committee, or his or her
designee, may determine.
SEC. 63. Item 0690-101-0890 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0690-101-0890--For local assistance,
California Emergency Management Agency,
payable from the Federal Trust Fund....... 878,826,000
893,581,000
Schedule:
(1) 20-Emergency
Management Services. 16,100,000
30,855,000
(2) 40-Special Programs
and Grant
Management.......... 862,726,000
Provisions:
1. Any federal funds that may
become available in addition to
the funds appropriated in this
item for Program 40-Disaster
Assistance are exempt from
Section 28.00.
SEC. 64. Item 0690-102-0214 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0690-102-0214--For local assistance,
California Emergency Management Agency,
payable from the Restitution Fund............. 500,000
9,715,000
Schedule:
(1) Internet Crimes Against
Children Task Force funding... 500,000
(2) 40.30-Public Safety........... 9,215,0
00
(a) Grants to
the City of
Los Angeles. (1,000,000)
(b) Competitive
grants to
all other
cities...... (8,215,000)
Provisions:
1. All grantees must provide a dollar-
for-dollar match to state grant funds
awarded from Schedule (2).
2. The California Emergency Management
Agency shall submit a report and
evaluation of the grants awarded
pursuant to Schedule (2) to the
fiscal committees of the Legislature
not later than April 1, 2013.
3. The amount appropriated in Schedule
(2)(b) shall be competitive grants to
cities. No grant shall exceed
$500,000, and at least two grants
shall be awarded to cities with
populations of 200,000 or less. In
awarding grants, the California
Emergency Management Agency shall
give preference to applicants that
incorporate regional approaches to
antigang activities.
4. Each city that receives a grant from
Schedule (2) shall collaborate and
coordinate with area jurisdictions
and agencies, including the existing
county juvenile justice coordination
council, with the goal of reducing
gang activity in the city and
adjacent areas. Each grantee shall
establish a coordinating and advisory
council to prioritize the use of the
funds. Membership shall include city
officials, local law enforcement,
including the county sheriff, chief
probation officer, and district
attorney, local educational agencies,
including school districts and the
county office of education, and
community-based organizations.
5. Each city that receives a grant from
Schedule (2) shall distribute at
least 20 percent of the grant funds
it receives to one or more community-
based organizations pursuant to the
city's application.
SEC. 65. Item 0690-102-0890 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0690-102-0890--For local assistance,
California Emergency Management Agency,
payable from the Federal Trust Fund......... 111,209,000
251,259,000
Schedule:
(1) 40.20-Victim Services. 66,516,000
(2) 40.30-Public Safety... 44,693,000
184,743,000
Provisions:
1. Notwithstanding any other
provision of law, the California
Emergency Management Agency may
provide advance payment of up to
25 percent of grant funds awarded
to community-based, nonprofit
organizations, cities, school
districts, counties, and other
units of local government that
have demonstrated cashflow
problems according to the
criteria set forth by the
California Emergency Management
Agency.
2. This item includes $135,050,000 in
funds for the purpose of
administering federal Edward Byrne
Memorial Justice Assistance Grant
program funding provided by the
American Recovery and Reinvestment
Act of 2009. The California
Emergency Management Agency (Cal
EMA) shall distribute these one-
time funds in the 2009-10 fiscal
year consistent with the following
requirements.
(a) Of the total provided,
$50,000,000 shall be used
to provide substance abuse
treatment for criminal
offenders convicted of
nonviolent drug offenses
in the Offender Treatment
Program or a similar
program funded through the
Department of Alcohol and
Drug Programs (DADP). Of
this amount, $600,000
shall be for Cal EMA to
enter into an interagency
agreement with DADP to
distribute and administer
these funds according to
program requirements. The
remaining $49,400,000
provided for these
programs shall be passed
through to counties as
local assistance.
(b) Of the total provided,
$45,000,000 shall be used
to provide grants to
county probation
departments for the
purpose of providing
evidence-based
supervision, programs, or
services to adult felon
probationers with the
purpose of reducing the
likelihood that these
probationers will commit
new crimes or other
violations and be sent to
prison. In order to
receive funding,
applicants seeking these
funds shall be required to
demonstrate that the
programs for which they
are seeking funds are
evidence-based and
targeted towards adults on
felony. Applicants shall
also be required to
demonstrate how these
programs create jobs. Cal
EMA shall seek to
distribute these funds
proportionately to all
county probation
departments that submit
qualifying applications
based on each county's
population of adults 18 to
25 years of age,
inclusive, provided that
each county receiving
funding shall receive a
minimum of $25,000. An
evidence-based program for
adult probationers is one
for which the applicant
can identify empirical
evidence that the program
has been shown to reduce
rates of reoffending,
rearrest, reconviction, or
reincarceration for
program participants or
that the program is
considered a best practice
in the criminal justice
literature. Evidence-based
programs for adult
offenders include, but are
not limited to, risk and
needs assessments,
graduated sanctions for
probation violators,
substance abuse and mental
health treatment,
employment and training
assistance, case
management, intensive
supervision for high-risk
offenders coupled with
treatment services, and
program evaluation.
Applicants must
demonstrate how specified
outcome-based measures
consistent with the goals
of this program will be
identified and tracked. A
total of $424,000 of the
$45,000,000 funded for
this program shall be
awarded to the
Administrative Office of
the Courts for the purpose
of providing technical
assistance to recipient
counties in implementing
these grants, including,
but not limited to,
developing, tracking, and
reporting on outcome-based
measurements to evaluate
the program.
(c) Of the total provided,
$20,000,000 shall be used
for the Anti-Drug Abuse
Enforcement Program to
support multi-
jurisdictional drug task
forces that combat street
to mid-level drug sales,
manufacturing, and
distribution at the local
level.
(d) Of the total provided,
$10,000,000 shall be
provided to the Department
of Corrections and
Rehabilitation to create,
in partnership with state
trial courts, reentry
courts designed to divert
parole violators from
prison through use of
collaborative courts that
provide enhanced
supervision and services
for inmates with mental
health and substance abuse
problems.
(e) Of the total provided,
$3,750,000 shall be used
for human trafficking task
forces for purposes of
increasing coordination
among law enforcement
agencies, district
attorneys, victim services
groups, and others to
improve or increase
training in human
trafficking cases and the
investigation and
prosecution of those cases.
(f) Of the total provided,
$3,300,000 shall be used
for firearm trafficking
programs designed to
increase coordination
among state, federal, and
local law enforcement
agencies for the purpose
of increasing antifirearms
trafficking efforts in
California's border region.
(g) Of the total provided,
$3,000,000 shall be
provided to the
Corrections Standards
Authority for the purpose
of improving the state's
collection of criminal
justice information from
both state and local
agencies.
(h) Applicants receiving
funding shall have up to
three years to expend the
funds.
SEC. 66. Item 0690-301-0890 is added to Section
2.00 of the Budget Act of 2009, to read:
0690-301-0890--For capital outlay,
California Emergency Management Agency,
payable from the Federal Trust Fund.......... 1,857,000
Schedule:
(1) 80.10.006-Southern Region
Facility--Preliminary
plans...................... 1,857,000
Provisions:
1. Notwithstanding any other provision
of law, the California Emergency
Management Agency may negotiate a
long-term lease with the United
States Army Corps of Engineers for
the Southern Region replacement
facility. Prior to entering into any
agreement or lease, the California
Emergency Management Agency shall
obtain the approval of the
Department of Finance. Additionally,
at least 30 days prior to entering
into any agreement or lease, the
California Emergency Management
Agency shall notify the chairpersons
of the committees in each house of
the Legislature that consider
appropriations and the Joint
Legislative Budget Committee of the
terms and conditions of the
agreement. If the Joint Legislative
Budget Committee does not express
any opposition, the California
Emergency Management Agency may
proceed with the agreement after 30
days from when the California
Emergency Management Agency gave
notice to the chairpersons.
SEC. 67. Item 0820-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0820-001-0001--For support of Department
of Justice................................ 345,933,000
305,933,000
Schedule:
(1) 11.01-Directorate--
Administration...... 95,254,000
95,487,000
(2) 11.02-Distributed
Directorate--
Administration...... -95,254,000
-95,487,000
(3) 20-Division of
Legal Services...... 362,011,000
365,630,000
(4) 50-Law Enforcement.. 253,387,000
235,808,000
(5) 60-California
Justice Information
Services............ 165,875,000
(6) Reimbursements...... -40,005,000
-60,005,000
(6.5) Unallocated
Reduction........... -47,896,000
(7) Amount payable from
the Attorney
General Antitrust
Account (Item 0820-
001-0012)........... -1,342,000
(8) Amount payable
from the
Fingerprint Fees
Account (Item 0820-
001-0017)........... -66,615,000
(9) Amount payable from
the Firearm Safety
Account (Item 0820-
001-0032)........... -331,000
(10) Amount payable from
the Motor Vehicle
Account, State
Transportation Fund
(Item 0820-001-
0044)............... -23,834,000
(11) Amount payable from
the Department of
Justice Sexual
Habitual Offender
Fund (Item 0820-001-
0142)............... -2,218,000
(12) Amount payable from
the Travel Seller
Fund (Item 0820-001-
0158)............... -1,346,000
(13) Amount payable from
the Restitution
Fund (Item 0820-001-
0214)............... -351,000
(14) Amount payable from
the Sexual Predator
Public Information
Account (Item 0820-
001-0256)........... -171,000
(15) Amount payable from
the Indian
Gaming Special
Distribution Fund
(Item 0820-001-
0367)............... -14,080,000
(16) Amount payable from
the False Claims
Act Fund (Item 0820-
001-0378)........... -10,090,000
-10,870,000
(17) Amount payable from
the Dealers' Record
of Sale Special
Account (Item 0820-
001-0460)........... -9,907,000
(18) Amount payable from
the Department of
Justice Child Abuse
Fund (Item 0820-001-
0566)............... -361,000
(19) Amount payable from
the Gambling
Control Fund (Item
0820-001-0567)...... -7,271,000
(20) Amount payable from
the Gambling
Control Fines and
Penalties Account
(Item 0820-001-
0569)............... -45,000
(21) Amount payable from
the Federal
Trust Fund (Item
0820-001-0890)...... -37,914,000
-40,253,000
(22) Amount payable from
the Federal Asset
Forfeiture Account,
Special Deposit
Fund (Item 0820-001-
0942)............... -1,551,000
(23) Amount payable from
the State Asset
Forfeiture Account,
Special Deposit
Fund (Item 0820-011-
0942)............... -595,000
(24) Amount payable from
the Firearms Safety
and Enforcement
Special Fund (Item
0820-001-1008)...... -3,252,000
(25) Amount payable from
the Missing Persons
DNA Data Base Fund
(Item 0820-001-
3016)............... -3,376,000
(26) Amount payable from
the Public Rights
Law Enforcement
Special Fund (Item
0820-001-3053)...... -5,615,000
(27) Amount payable
from the Ratepayer
Relief Fund (Item
0820-001-3061)...... -4,896,000
(28) Amount payable from
the DNA
Identification Fund
(Item 0820-001-
3086)............... -29,267,000
-31,688,000
(29) Amount payable from
the Unfair
Competition Law
Fund (Item 0820-001-
3087)............... -3,247,000
(30) Amount payable from
the Registry of
Charitable Trusts
Fund (Item 0820-001-
3088)............... -2,830,000
(31) Amount payable from
the Legal Services
Revolving Fund
(Item 0820-001- -114,653,00
9731)............... 0
(31.5) Amount payable from
the Foreclosure
Consultant
Regulation Fund
(Item 0820-001-
3136)............... -500,000
(32) Amount payable from
the Central Service
Cost Recovery Fund
(Item 0820-001-
9740)............... -2,281,000
Provisions:
1. The Attorney General shall
submit to the Legislature, the
Department of Finance, and the
Director of Finance, and the
Governor the quarterly and
annual reports that he or she
submits to the federal
government on the activities of
the Medi-Cal Fraud Unit.
2. Notwithstanding any other
provision of law, the
Department of Justice may
purchase or lease vehicles of
any type or class that, in the
judgment of the Attorney
General or his or her designee,
are necessary to the
performance of the
investigatory and enforcement
responsibilities of the
Department of Justice, from the
funds appropriated for that
purpose in this item.
3. Of the amount included in
Schedule (3), $2,233,000 is
available for costs related to
the Lloyd's of London
(Stringfellow) litigation.
Any funds not expended for this
specific purpose as of June 30,
2010, shall revert immediately
to the General Fund.
4. Of the funds appropriated in
this item, $19,047,000 is
available solely for the
Correctional Law Section that
handles only workload related
to Department of Corrections
and Rehabilitation cases.
SEC. 68. Item 0820-001-0378 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0820-001-0378--For support of Department
of Justice, for payment to Item 0820-001-
0001, payable from the False Claims Act
Fund...................................... 10,090,000
10,870,000
SEC. 69. Item 0820-001-0890 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0820-001-0890--For support of Department
of Justice, for payment to Item 0820-001-
0001, payable from the Federal Trust Fund. 37,914,000
40,253,000
SEC. 70. Item 0820-001-3086 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0820-001-3086--For support of Department
of Justice, for payment to Item 0820-001-
0001, payable from the DNA Identification
Fund...................................... 29,267,000
31,688,000
SEC. 71. Item 0820-001-3136 is added to Section
2.00 of the Budget Act of 2009, to read:
0820-001-3136--For support of Department
of Justice, for payment to Item 0820-001-
0001, payable from the Foreclosure
Consultant Regulation Fund................ 500,000
SEC. 72. Item 0820-011-0317 is added to Section 2.00 of
the Budget Act of 2009, to read:
0820-011-0317--For transfer by the Controller
to the Foreclosure Consultant Regulation Fund.. (500,000)
Provisions:
1. Notwithstanding any other provision of
law, a loan of $500,000 is hereby
authorized from the Real Estate Fund
to the Foreclosure Consultant
Regulation Fund. This loan shall be
repaid with interest no later than
June 30, 2013.
SEC. 73. Item 0840-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0840-001-0001--For support of the
Controller.................................. 51,268,000
59,414,000
Schedule:
(1) 100000-Personal
Services.............. 99,968,000
101,133,000
(2) 300000-Operating
Expenses and
Equipment............. 54,556,000
76,340,000
(3) Reimbursements........ -48,353,000
-50,209,000
(3.5) Amount payable from
various special and
nongovernmental cost
funds (Section 25.25). -14,206,000
(4) Amount payable from
the Motor Vehicle
Fuel Account,
Transportation Tax
Fund (Item 0840-001-
0061)................. -3,907,000
-3,817,000
(5) Amount payable from
the Highway Users Tax
Account,
Transportation Tax
Fund (Item 0840-001-
0062)................. -1,115,000
-1,085,000
(6) Amount payable from
the Local Revenue
Fund (Item 0840-001-
0330)................. -565,000
-549,000
(7) Amount payable from
the Federal Trust
Fund (Item 0840-001-
0890)................. -766,000
-745,000
(8) Amount payable from
the State Penalty
Fund (Item 0840-001-
0903)................. -1,254,000
-1,221,000
(9) Amount payable from
the Unclaimed
Property Fund (Item
0840-001-0970)........ -26,602,000
-25,882,000
(10) Amount payable from
various other
unallocated
nongovernmental cost
funds (Retail Sales
Tax Fund) (Item 0840-
001-0988)............. -228,000
-222,000
(11) Amount payable from
the 2006 State
School Facilities
Fund (Item 0840-001-
6057)................. -921,000
-896,000
(12) Amount payable from
the Central Service
Cost Recovery Fund
(Item 0840-001-9740).. -17,984,000
-17,709,000
(13) Amount payable from
other unallocated
special funds (Item
0840-011-0494)........ -90,000
-88,000
(14) Amount payable from
unallocated bond
funds (Item 0840-011-
0797)................. -594,000
-578,000
(15) Amount payable from
various other
unallocated
nongovernmental cost
funds (Item 0840-011-
0988)................. -85,000
-82,000
(16) Amount payable from
the Public
Transportation
Account, State
Transportation Fund
(Section 25.50)....... -17,000
-16,000
(17) Amount payable from
the Highway Users Tax
Account,
Transportation Tax
Fund (Section 25.50).. -272,000
-265,000
(18) Amount payable from
the Motor Vehicle
License Fee Account,
Transportation Tax
Fund (Section 25.50).. -15,000
(19) Amount payable from
the DMV Local Agency
Collection Fund
(Section 25.50)....... -2,000
(20) Amount payable from
the Trial Court Trust
Fund (Section 25.50).. -155,000
-151,000
(21) Amount payable from
the Timber Tax Fund
(Section 25.50)....... -1,000
(22) Amount payable from
the Public Safety
Account, Local Public
Safety Fund (Section
25.50)................ -240,000
-233,000
(23) Amount payable from
the Local Revenue
Fund (Section 25.50).. -90,000
-87,000
Provisions:
1. The funding provided in Item 0840-
001-0970 shall be in lieu of the
appropriation in Section 1564 of
the Code of Civil Procedure for
all costs, expenses, or
obligations connected with the
administration of the Unclaimed
Property Law, with the exception
of payment of owners' or holders'
claims pursuant to Section 1540,
1542, 1560, or 1561 of the Code
of Civil Procedure, or of payment
of the costs of compensating
contractors for locating and
recovering unclaimed property due
the state.
2. Of the claims received for
reimbursement of court-ordered or
voluntary desegregation programs
pursuant to Article 6 (commencing
with Section 41540) of
Chapter 3.2 of Part 24 of
Division 3 of Title 2 of the
Education Code, the Controller
shall pay only those claims that
have been subjected to audit by
school districts in accordance
with the Controller's procedures
manual for conducting audits of
education desegregation claims.
Furthermore, the Controller shall
pay only those past-year actual
claims for desegregation program
costs that are accompanied by all
reports issued by the auditing
entity, unless the auditing
entity was the Controller.
3. The Controller may, with the
concurrence of the Director of
Finance and the Chairperson of
the Joint Legislative Budget
Committee, bill affected state
departments for activities
required by Section 20050 of the
State Administrative Manual,
relating to the administration of
federal pass-through funds.
No billing may be sent to
affected departments sooner than
30 days after the Chairperson of
the Joint Legislative Budget
Committee has been notified by
the Director of Finance that he
or she concurs with the amounts
specified in the billings.
4. (a) Notwithstanding
subdivision (b) of
Section 1531 of the Code
of Civil Procedure, the
Controller may publish
notice in any manner that
the Controller determines
reasonable, provided that
(1) none of the moneys
used for this purpose is
redirected from funding
for the Controller's
audit activities, (2) no
photograph is used in the
publication of notice,
and (3) no elected
official's name is used
in the publication of
notice.
(b) No funds appropriated in
this act may be expended
by the Controller to
provide general
information to the
public, other than
holders (as defined in
subdivision (e) of
Section 1501 of the Code
of Civil Procedure) of
unclaimed property,
concerning the unclaimed
property program or
possible existence of
unclaimed property held
by the Controller's
office, except for
informational
announcements to the news
media, through the
exchange of information
on electronic bulletin
boards, or no more than
$50,000 per year to
inform the public about
this program in
activities already
organized by the
Controller for other
purposes. This
restriction does not
apply to sending
individual notices to
property owners (as
required by the Code of
Civil Procedure).
5. Of the moneys appropriated to the
Controller in this act, the
Controller shall not expend more
than $500,000 to conduct
posteligibility fraud audits of
the Supplemental Security
Income/State Supplementary
Payment Program.
6. The Commission on State Mandates
shall provide, in applicable
parameters and guidelines, as
follows:
(a) If a local agency or
school district contracts
with an independent
contractor for the
preparation and
submission of
reimbursement claims, the
costs reimbursable by
the state for that
purpose shall not exceed
the lesser of (1) 10
percent of the amount of
the claims prepared and
submitted by the
independent contractor,
or (2) the actual costs
that would necessarily
have been incurred for
that purpose if performed
by employees of the local
agency or school district.
(b) The maximum amount of
reimbursement provided in
subdivision (a) may be
exceeded only if the
local agency or school
district establishes, by
appropriate
documentation, that the
preparation and
submission of these
claims could not have
been accomplished without
incurring the additional
costs claimed by the
local agency or school
district.
7. The funds appropriated to the
Controller in this item may not
be expended for any performance
review or performance audit
except pursuant to specific
statutory authority. It is the
intent of the Legislature that
audits conducted by the
Controller, or under the
direction of the Controller,
shall be fiscal audits that focus
on claims and disbursements, as
provided for in Section 12410 of
the Government Code. Any report,
audit, analysis, or evaluation
issued by the Controller for the
2009-10 fiscal year shall cite
the specific statutory or
constitutional provision
authorizing the preparation and
release of the report, audit,
analysis, or evaluation.
8. The Controller shall deliver his
or her monthly report on General
Fund cash receipts and
disbursements within 10 days
after the close of each month to
the Joint Legislative Budget
Committee, the fiscal committees
of the Legislature, the
Department of Finance, the
Treasurer's office, and the
Legislative Analyst's Office.
9. For purposes of the review and
payment of any claim for
reimbursement by local government
submitted pursuant to Section
54954.4 of the Government Code,
the Controller shall use the
procedures that were in effect at
the time the claim was submitted.
10. Pursuant to subdivision (c) of
Section 1564 of the Code of Civil
Procedure, the Controller shall
transfer all moneys in the
Abandoned Property Account in
excess of $50,000 to the General
Fund no less frequently than at
the end of each month. This
transfer shall include unclaimed
Proposition 103 insurance rebate
moneys pursuant to Section
1861.01 of the Insurance Code and
Section 1523 of the Code of Civil
Procedure.
11. The Controller shall provide to
the Department of Finance, the
Chairperson of the Joint
Legislative Budget Committee, and
the chairpersons of the fiscal
committees of each house of the
Legislature a report that
provides the following details by
mandate: the level of claims
requested ; , the amount
reduced by
the initial desk audit ; ,
the
amount paid ; , the amount
recouped ; ,
and the results of a final audit
and subsequent funding
adjustments. The report is due on
June 30, 2010, and will cover the
fourth quarter of the 2008-09
fiscal year and the first three
quarters of the 2009-10 fiscal
year.
12. To the extent authorized by
existing law, the Controller
shall recoup the amount of any
unallowable mandate claim costs
resulting from desk or field
audits of such claims.
13. The Controller's estimate of the
state's liability for
postemployment benefits prepared
to comply with Governmental
Accounting Standards Board (GASB)
Statement 45 shall include, in
addition to all other items
required under the accounting
statement: (a) an identification
and explanation of any
significant differences in
actuarial assumptions or
methodology from any relevant
similar types of assumptions or
methodology used by the Public
Employees' Retirement System to
estimate state pension
obligations ; and (b) alternative
calculations of the state's
liability for other
postemployment benefits using
different long-term rates of
investment return consistent with
a hypothetical assumption that
the state will begin to deposit
100 percent or a lesser percent,
respectively, of its annual
required contribution under GASB
Statement 45 to a retiree health
and dental benefits trust fund
beginning in the 2007-08 fiscal
year. This provision shall not
obligate the state to change the
practice of funding health and
dental benefits for annuitants
currently required under state
law.
14. The funds appropriated to the
Controller in this item may not
be expended on additional
actuarial valuations, beyond the
annual actuarial valuation, for
other postemployment benefits,
prior to obtaining concurrence in
writing from the Department of
Finance. The additional actuarial
valuations shall only be
performed to the extent resources
exist, or if funds are provided
by the requesting agency.
15. The Controller shall provide the
Chairperson of the Joint
Legislative Budget Committee and
the chairpersons of the fiscal
committees in each house of the
Legislature a report on the Human
Resources Management System
specifying the dollars expended
on the program in the previous
fiscal year and over the life of
the program and any known savings
that have occurred in the prior
fiscal year, to be submitted
annually but no later than August
30 of each year. The report
should compare the known savings
with the most recent estimate of
projected savings and explain the
methodology by which the savings
were calculated.
16. The Controller shall deliver
yearend financial data as
specified by the Department of
Finance, for the fiscal year just
ended, in hard copy and
electronic format, by October
15 of each year and periodically
as requested by the Department of
Finance. This information is
necessary for the Department of
Finance to determine the proper
beginning balance of the current
fiscal year for budgetary
purposes. To ensure timely
completion of the yearend
financial data, the Controller
should enforce provisions in
Section 12461.2 of the Government
Code and emphasize in its
regulation the deadline the
yearend financial statements are
due from the operating
departments to the Controller.
17. In the event new postage rates by
the United States Postal Service
are adopted, but not in time for
inclusion in the 2009-10 May
Revision, and the State
Controller's Office notifies the
Department of Finance with the i
r ts
estimates of the increased
postage costs within 15 calendar
days of the adoption of new
rates, the Director of Finance
may authorize expenditures in
excess of the amount appropriated
in this item by an amount
necessary to fund the postage
increase. This authorization
shall occur not less than 15 days
after the Department of Finance
notifies the Chairperson of the
Joint Legislative Budget
Committee.
18. The $345,000 loaned to the Local
Agency Self Insurance Authority
(LASIA), pursuant to Chapter 1327
1327, of the
Statutes of 1986, will not
be required to be repaid.
19. It is the intent of the
Legislature that this item
contain zero funds for the
purchase of modular furniture for
the previously approved Cannery
Business Park Lease
Renewal/Expansion Project.
20. Notwithstanding the provisions of
Items 9840-001-0001 to 9840-001-
0988, inclusive, the Department
of Finance may adjust the amounts
authorized under Item 0840-001-
0001
and Section 25.25 of this
act, consistent with the funding
schedule included in the most
recently approved Special Project
Report for the 21st Century
Project. No adjustments shall be
made pursuant to this provision
prior to a 30-day notification in
writing to the Chairperson of the
Joint Legislative Budget
Committee and the chairpersons of
the committees of each house of
the Legislature that consider
appropriations.
SEC. 74. Item 0840-001-0061 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0840-001-0061--For support of the
Controller, for payment to Item 0840-001-
0001, payable from the Motor Vehicle Fuel
Account, Transportation Tax Fund.......... 3,907,000
3,817,000
SEC. 75. Item 0840-001-0062 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0840-001-0062--For support of the
Controller, for payment to Item 0840-001-
0001, payable from the Highway Users Tax
Account, Transportation Tax Fund.......... 1,115,000
1,085,000
SEC. 76. Item 0840-001-0330 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0840-001-0330--For support of the
Controller, for payment to Item 0840-001-
0001, payable from the Local Revenue Fund. 565,000
549,000
SEC. 77. Item 0840-001-0890 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0840-001-0890--For support of the
Controller, for payment to Item 0840-001-
0001, payable from the Federal Trust Fund. 766,000
745,000
SEC. 78. Item 0840-001-0903 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0840-001-0903--For support of the
Controller, for payment to Item 0840-001-
0001, payable from the State Penalty Fund. 1,254,000
1,221,000
SEC. 79. Item 0840-001-0970 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0840-001-0970--For support of the
Controller, for payment to Item 0840-001-
0001, payable from the Unclaimed Property
Fund...................................... 26,602,000
25,882,000
SEC. 80. Item 0840-001-0988 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0840-001-0988--For support of the
Controller, for payment to Item 0840-001-
0001, payable from various other
unallocated nongovernmental cost funds
(Retail Sales Tax Fund)................... 228,000
222,000
SEC. 81. Item 0840-001-6057 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0840-001-6057--For support of the
Controller, for payment to Item 0840-001-
0001, payable from the 2006 State School
Facilities Fund........................... 921,000
896,000
SEC. 82. Item 0840-001-9740 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0840-001-9740--For support of the
Controller, for payment to Item 0840-001-
0001, payable from the Central Service
Cost Recovery Fund........................ 17,984,000
17,709,000
SEC. 83. Item 0840-011-0494 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0840-011-0494--For support of the
Controller, for payment to Item 0840-001-
0001, payable from other unallocated
special funds............................... 90,000
88,000
Provisions:
1. Notwithstanding any other provision
of law, the Director of Finance may
authorize expenditures in excess of
the amount appropriated in this
item not sooner than 30 days after
notification in writing of the
necessity therefor is provided to
the chairpersons of the fiscal
committees of each house of the
Legislature and the Chairperson of
the Joint Legislative Budget
Committee, or not sooner than
whatever lesser time the
chairperson of the joint committee,
or his or her designee, may in each
instance determine.
SEC. 84. Item 0840-011-0797 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0840-011-0797--For support of the
Controller, for payment to Item 0840-001-
0001, payable from unallocated bond funds... 594,000
578,000
Provisions:
1. Notwithstanding any other provision
of law, the Director of Finance may
authorize expenditures in excess of
the amount appropriated in this
item not sooner than 30 days after
notification in writing of the
necessity therefor is provided to
the chairpersons of the fiscal
committees of each house of the
Legislature and the Chairperson of
the Joint Legislative Budget
Committee, or not sooner than
whatever lesser time the
chairperson of the joint committee,
or his or her designee, may in each
instance determine.
SEC. 85. Item 0840-011-0988 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0840-011-0988--For support of the
Controller, for payment to Item 0840-001-
0001, payable from various other
unallocated nongovernmental cost funds...... 85,000
82,000
Provisions:
1. Notwithstanding any other provision
of law, the Director of Finance may
authorize expenditures in excess of
the amount appropriated in this
item not sooner than 30 days after
notification in writing of the
necessity therefor is provided to
the chairpersons of the fiscal
committees of each house of the
Legislature and the Chairperson of
the Joint Legislative Budget
Committee, or not sooner than
whatever lesser time the
chairperson of the joint committee,
or his or her designee, may in each
instance determine.
SEC. 86. Item 0855-111-0367 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0855-111-0367--For transfer by the
Controller, upon order of the Director of
Finance, from the Indian Gaming Special
Distribution Fund, to the Indian Gaming
Revenue Sharing Trust Fund................. (50,000,000)
Provisions:
1. The amount of any transfer
ordered by the Director of
Finance pursuant to this item
shall be the minimum amount
necessary to allow the Indian
Gaming Revenue Sharing Trust
Fund to distribute the
quarterly payments described
in Section 12012.90 of the
Government Code and meet its
other expenditure
requirements. Any remaining
portion of the amount
authorized to be transferred
pursuant to this item shall
remain in the Indian Gaming
Special Distribution Fund.
2. The Legislature finds and
declares that the amount
authorized in this item is
expected to be sufficient to
allow the Indian Gaming
Revenue Sharing Trust Fund to
distribute the quarterly
payments described in Section
12012.90 of the Government
Code during the 200 8 9 -
1 0 9
fiscal year. Accordingly, the
California Gambling Control
Commission, acting for this
purpose as the state gaming
agency under various tribal-
state compacts, shall not
direct any funds to the Indian
Gaming Revenue Sharing Trust
Fund pursuant to Section
4.3.1(l) of the amended tribal-
state compacts with the
Morongo Band of Mission
Indians, the Pechanga Band of
Luiseno Indians, and the San
Manuel Band of Mission
Indians, and the Sycuan Band
of the Kumeyaay Nation and
Indians, Section 4.3.1(k) of
the tribal-state compact with
the Shingle Springs Band of
Miwok Indians, and similar
s imilar s ections of any
compacts or
compacts or amended compacts
ratified by
ratified by the Legislature .
in
the 2008-09 fiscal year.
3. The Chairperson of the
California Gambling Control
Commission shall immediately
submit a report to the
Director of Finance, the
Chairperson of the Joint
Legislative Budget Committee,
and the Legislative Analyst if
he or she determines that the
Indian Gaming Revenue Sharing
Trust Fund will not have
sufficient funds to distribute
the quarterly payments
described in Section 12012.90
of the Government Code during
the 200 8 9 - 1
0 9 fiscal year after
consideration of the funds
authorized for transfer by
this item. No earlier than 15
days after submission of that
report, the California
Gambling Control Commission
may direct funds to the Indian
Gaming Revenue Sharing
Trust Fund, notwithstanding
the requirements of Provision
2.
SEC. 87. Item 0860-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0860-001-0001--For support of State Board
of Equalization........................... 245,549,000
266,003,000
Schedule:
(1) 100000-Personal
Services............ 327,541,000
341,018,000
(2) 300000-Operating
Expenses and
Equipment........... 114,160,000
126,186,000
(3) Reimbursements...... -135,652,000
-140,756,000
(4) Amount payable from
the Breast Cancer
Fund (Item 0860-001-
0004)............... -662,000
(5) Amount payable
from the State
Emergency Telephone
Number Account
(Item 0860-001-
0022)............... -1,459,000
-1,422,000
(6) Amount payable from
the Motor Vehicle
Fuel Account,
Transportation Tax
Fund (Item 0860-001-
0061)............... -21,068,000
-21,066,000
(7) Amount payable from
the Occupational
Lead Poisoning
Prevention Account
(Item 0860-001-
0070)............... -668,000
(8) Amount payable from
the Childhood Lead
Poisoning
Prevention Fund
(Item 0860-001-
0080)............... -479,000
(9) Amount payable from
the Cigarette and
Tobacco Products
Surtax Fund (Item
0860-001-0230)...... -8,385,000
(10) Amount payable from
the Oil Spill
Prevention and
Administration Fund
(Item 0860-001-
0320)............... -230,000
(11) Amount payable from
the Integrated
Waste Management
Account, Integrated
Waste Management
Fund (Item 0860-001-
0387)............... -409,000
(12) Amount payable from
the Underground
Storage Tank
Cleanup Fund (Item
0860-001-0439)...... -3,133,000
(13) Amount payable from
the Energy
Resources Programs
Account (Item 0860-
001-0465)........... -256,000
(14) Amount payable from
the California
Children and
Families First
Trust Fund (Item
0860-001-0623)...... -14,523,000
-14,522,000
(15) Amount payable from
the Federal Trust
Fund (Item 0860-001-
0890)............... -825,000
(16) Amount payable from
the Timber Tax Fund
(Item 0860-001-
0965)............... -2,321,000
(17) Amount payable from
the Gas Consumption
Surcharge Fund
(Item 0860-001-
3015)............... -636,000
-621,000
(18) Amount payable from
the Water Rights
Fund (Item 0860-001-
3058)............... -397,000
(19) Amount payable from
the Electronic
Waste Recovery and
Recycling Account
(Item 0860-001-
3065)............... -4,401,000
(20) Amount payable from
the Cigarette and
Tobacco Products
Compliance Fund
(Item 0860-001-
3067)............... -648,000
Provisions:
1. It is the intent of the
Legislature that all funds
appropriated to the State Board
of Equalization for processing
tax returns, auditing, and
collecting owed tax amounts
shall be used in a manner
consistent with both its
authorized budget and with the
documents that were presented to
the Legislature for its review
in support of that budget. The
State Board of Equalization
shall not reduce expenditures or
redirect either funding or
personnel resources away from
direct auditing or collection
activities without prior
approval of the Director of
Finance. The director shall not
approve any such reduction or
redirection sooner than 30 days
after providing notification to
the Joint Legislative Budget
Committee. No such position may
be transferred from the
organizational unit to which it
was assigned in the 2009-10
Governor's Budget and the
Salaries and Wages Supplement as
revised by legislative actions
without the approval of the
Department of Finance.
Director of Finance.
Furthermore, the board shall
expeditiously fill budgeted
positions consistent with the
funding provided in this act.
SEC. 88. Item 0860-001-0022 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0860-001-0022--For support of State Board
of Equalization, for payment to Item 0860-
001-0001, payable from the State
Emergency Telephone Number Account........ 1,459,000
1,422,000
SEC. 89. Item 0860-001-0061 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0860-001-0061--For support of State Board
of Equalization, for payment to Item 0860-
001-0001, payable from the Motor Vehicle
Fuel Account, Transportation Tax Fund..... 21,068,000
21,066,000
SEC. 90. Item 0860-001-0623 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0860-001-0623--For support of State Board
of Equalization, for payment to Item 0860-
001-0001, payable from the California
Children and Families Trust Fund.......... 14,523,000
14,522,000
SEC. 91. Item 0860-001-3015 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0860-001-3015--For support of State Board
of Equalization, for payment to Item 0860-
001-0001, payable from the Gas
Consumption Surcharge Fund................ 636,000
621,000
SEC. 92. Item 0911-001-0001 is added to Section
2.00 of the Budget Act of 2009, to read:
0911-001-0001--For support of the Citizens
Redistricting Initiative....................... 3,000,000
Provisions:
1. The funds appropriated in this item
shall be available for a three-year
period. The Director of Finance shall
allocate the funds in this item among
the Citizens Redistricting Commission,
the Secretary of State, and the Bureau
of State Audits. In order to receive
an allocation of funds under this
provision, the Bureau of State Audits
shall submit a request with a detailed
cost estimate to the Chairperson of
the Joint Legislative Budget Committee
and the Director of Finance. If the
chairperson of the joint committee
provides a written notification to the
director that the requested
allocation, or a lesser amount, is
needed to carry out expenses of the
Bureau of State Audits as set forth in
the detailed cost estimate, the
director shall make an allocation of
funds as identified in the written
notification.
SEC. 93. Item 0950-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0950-001-0001--For support of the Treasurer. 4,538,000
4,964,000
Schedule:
(1) 100000-Personal
Services.............. 20,382,000
(2) 300000-Operating
Expenses and
Equipment............. 6,559,000
(3) Reimbursements........ -20,855,000
-20,235,000
(5) Amount payable from
the Central Service
Cost Recovery Fund
(Item 0950-001-9740).. -1,548,000
-1,742,000
Provisions:
1. The Director of Finance may
authorize a loan from the General
Fund, in an amount not to exceed
the level of reimbursements
appropriated in Schedule (3) to
the Treasurer's office, provided
that:
(a) The loan is to meet cash
needs resulting from a
delay in receipt of
reimbursements.
(b) The loan is short term,
and shall be repaid within
two months.
(c) Interest charges may be
waived pursuant to
subdivision (e) of Section
16314 of the Government
Code.
(d) The Director of Finance
shall not approve the
loan unless the approval
is made in writing and
filed with the Chairperson
of the Joint Legislative
Budget Committee and the
chairpersons of the
committees in each house
of the Legislature that
consider appropriations
not later than 30 days
prior to the effective
date of the approval, or
not sooner than whatever
lesser time the
chairperson of the joint
committee, or his or her
designee, may determine.
(e) At the end of the two-
month term of the loan,
the Treasurer's office
shall notify the
Chairperson of the Joint
Legislative Budget
Committee whether the
Treasurer's office has
repaid the loan pursuant
to subdivision (b).
SEC. 94. Item 0950-001-9740 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0950-001-9740--For support of the
0950-001-9740--For support of Treasurer, for
payment to Item
0950-001-
0001, payable from the Central Service
Cost Recovery Fund........................
for payment to Item 0950-001-0001,
1,742,000
payable from the Central Service Cost
Recovery Fund............................. 1,548,000
SEC. 95. Item 0968-001-0457 of Section 2.00 of the
Budget Act of 2009 is amended to read:
0968-001-0457--For support of California Tax
Credit Allocation Committee, payable from
the Tax Credit Allocation Fee Account........ 1,858,000
2,358,000
Schedule:
(1) 10-California Tax Credit
Allocation Committee....... 1,888,000
2,388,000
(2) Reimbursements............. -30,000
Provisions:
1. Notwithstanding any other provision
of law, the Director of Finance may
authorize expenditures for the
California Tax Credit Allocation
Committee in excess of the amount
appropriated not sooner than 30 days
after notification in writing of the
necessity therefor is provided to
the chairpersons of the fiscal
committees and the Chairperson
of the Joint Legislative Budget
Committee, or not sooner than
whatever lesser time the chairperson
of the joint committee, or his or her
her designee, may in each instance
determine.
SEC. 96. Item 0968-101-0890 is added to Section
2.00 of the Budget Act of 2009, to read:
0968-101-0890--For local assistance,
California Tax Credit Allocation
Committee, payable from the Federal Trust
Fund...................................... 517,000,000
SEC. 97. Item 1100-011-0267 is added to Section 2.00 of
the Budget Act of 2009, to read:
1100-011-0267--For transfer by the
Controller from the Exposition Park
Improvement Fund to the General Fund...... (2,771,000)
SEC. 98. Item 1111-002-0582 of Section 2.00 of the
Budget Act of 2009 is amended to read:
1111-002-0582--For support of Bureau of
Automotive Repair, Department of Consumer
Affairs, payable from the High Polluter
Repair or Removal Account..................... 67,997,000
65,997,000
Schedule:
(1) 31.20.016-Vehicle
Repair Assistance...... 17,034,000
19,009,000
(2) 31.20.030-Vehicle
Retirement............. 37,989,000
34,014,000
(3) 31.20.040-Program
Administration......... 12,974,000
Provisions:
1. The amount appropriated in this
item may include revenues derived
from the assessment of fines and
penalties imposed as specified in
Section 13332.18 of the Government
Code.
2. Notwithstanding Section 26.00, the
Department of Finance may authorize
transfers among and between
Schedules (1) and (2). Any transfer
made pursuant to this provision
shall be reported in writing to the
chairpersons of the fiscal
committees of each house of the
Legislature and the Chairperson of
the Joint Legislative Budget
Committee within 30 days of the
date of the transfer.
SEC. 99. Item 1111-002-3122 is added to Section
2.00 of the Budget Act of 2009, to read:
1111-002-3122--For support of Bureau of
Automotive Repair, Department of Consumer
Affairs, payable from the Enhanced Fleet
Modernization Subaccount in the High
Polluter Removal and Repair Account.......... 4,127,000
Schedule:
(1) 31.30.010-Off-Cycle
Vehicle Retirement......... 3,300,000
(2) 31.30.030-Enhanced Program
Administration............. 827,000
Provisions:
1. Notwithstanding any other provision
of law, upon request of the
Department of Consumer Affairs, the
Department of Finance may augment
the amount available for expenditure
to pay for additional off-cycle
retirements. The augmentation may
only be made no 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 no sooner than
whatever lesser time the chairperson
of the joint committee may in each
instance determine. The amount of
funds augmented shall be consistent
with actual program participation
and available revenues in the
Enhanced Fleet Modernization Account.
SEC. 100. Item 1730-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
1730-001-0001--For support of Franchise
Tax Board................................. 517,020,000
547,656,000
Schedule:
(1) 10-Tax Programs...... 512,084,000
548,632,000
(2) 20-Homeowners and
Renters Assistance... 6,469,000
1,650,000
(3) 30-Political Reform
Audit (1,597,000).... 0
(4) 50-DMV Collections... 8,381,000
(5) 60-Court Collections. 12,141,000
(6) 70-Contract Work..... 14,211,000
(7) 80.01-Administration. 28,846,000
(8) 80.02-Distributed
Administration....... -28,846,000
(9) Reimbursements....... -15,209,000
(10) Amount payable from
the Motor Vehicle
Account, State
Transportation Fund
(Item 1730-001-0044). -2,913,000
-3,063,000
(11) Amount payable from
the Motor Vehicle
License Fee Account,
Transportation Tax
Fund (Item 1730-001-
0064)................ -5,468,000
-5,746,000
(12) Amount payable from
the Emergency Food
Assistance Program
Fund (Item 1730-001-
0122)................ -6,000
(13) Amount payable from
the Delinquent Tax
Collection Fund
(Section 19378 of
the Revenue and
Taxation Code)....... -404,000
(14) Amount payable from
the Fish and Game
Preservation Fund
(Endangered and Rare
Fish, Wildlife, and
Plant Species
Conservation and
Enhancement Account)
(Item 1730-001-0200). -13,000
(15) Amount payable from
the Court Collection
Account (Item 1730-
001-0242)............ -12,141,000
-12,806,000
(16) Amount payable from
the State Children's
Trust Fund (Item
1730-001-0803)....... -11,000
(17) Amount payable from
the California
Alzheimer's Disease
and Related
Disorders Research
Fund (Item 1730-001-
0823)................ -11,000
(18) Amount payable from
the California
Seniors Special Fund
(Item 1730-001-0886). -4,000
(19) Amount payable from
the California
Breast Cancer
Research Fund (Item
1730-001-0945)....... -7,000
(20) Amount payable from
the California
Peace Officer
Memorial Foundation
Fund (Item 1730-001-
0974)................ -5,000
(21) Amount payable from
the California
Firefighters'
Memorial Fund (Item
1730-001-0979)....... -7,000
(22) Amount payable from
the California Fund
for Senior Citizens
(Item 1730-001-0983). -7,000
(23) Amount payable from
the California
Military Family
Relief Fund (Item
1730-001-8022)....... -6,000
(24) Amount payable from
the California
Prostate Cancer
Research Fund (Item
1730-001-8025)....... -6,000
(25) Amount payable from
the California
Sexual Violence
Victim Services Fund
(Item 1730-001-8035). -6,000
(26) Amount payable from
the California
Colorectal Cancer
Prevention Fund
(Item 1730-001-8036). -6,000
(27) Amount payable
from the Veterans'
Quality of Life Fund
(Item 1730-001-8037). -6,000
(28) Amount payable from
the California Sea
Otter Fund (Item
1730-001-8047)....... -6,000
(29) Amount payable from
the ALS/Lou Gehrig's
Disease Research
Fund (Item 1730-001-
8053)................ -6,000
(30) Amount payable from
the California
Cancer Research Fund
(Item 1730-001-8054). -6,000
(31) Amount payable from
the Municipal
Shelter Spay-Neuter
Fund (Item 1730-001-
8055)................ -6,000
(32) Amount payable from
the California
Ovarian Cancer
Research Fund (Item
1730-001-8056)....... -6,000
Provisions:
1. It is the intent of the
Legislature that all funds
appropriated to the Franchise
Tax Board for processing tax
returns, auditing, and
collecting owed tax amounts
shall be used in a manner
consistent with both its
authorized budget and with the
documents that were presented to
the Legislature for its review
in support of that budget. The
Franchise Tax Board shall not
reduce expenditures or
redirect either funding or
personnel resources away from
direct auditing or collection
activities without prior
approval of the Director of
Finance. The director shall not
approve any such reduction or
redirection sooner than 30 days
after providing notification to
the Joint Legislative Budget
Committee. No such position may
be transferred from the
organizational unit to which it
was assigned in the 2009-10
Governor's Budget and the
Salaries and Wages Supplement as
revised by legislative actions
without the approval of the
Department of Finance.
Furthermore, the board shall
expeditiously fill budgeted
positions consistent with the
funding provided in this act.
2. It is the intent of the
Legislature that the Franchise
Tax Board resolve tax
controversies, without
litigation, on a basis that is
fair to both the state and
the taxpayer and in a manner
that will enhance voluntary
compliance and public confidence
in the integrity and efficiency
of the board.
3. During the 2009-10 fiscal year,
the collection cost recovery fee
for purposes of subparagraph (A)
of paragraph (1) of subdivision
(a) of Section 19254 of the
Revenue and Taxation Code shall
be $217, and the filing
enforcement cost recovery fee
for purposes of subparagraph (A)
of paragraph (2) of that
subdivision shall be $113.
4. During the 2009-10 fiscal year,
the collection cost recovery fee
for purposes of subparagraph (B)
of paragraph (1) of subdivision
(a) of Section 19254 of the
Revenue and Taxation Code shall
be $413, and the filing
enforcement cost recovery fee
for purposes of subparagraph (B)
of paragraph (2) of that
subdivision shall be $188.
5. Notwithstanding subdivision (b)
of Section 19282 of the Revenue
and Taxation Code, the combined
costs to administer the Court-
Ordered Debt Collection Program
and to fund the Court-Ordered
Debt Expansion Project may be
funded from the Court Collection
Account in an amount that may
exceed 15 percent of annual
collections.
6. The Franchise Tax Board (FTB)
shall submit a written report to
the Joint Legislative Budget
Committee, the Assembly
Committee on Budget, the Senate
Committee on Budget and Fiscal
Review, and the revenue and
taxation policy committees of
both houses of the Legislature
on the Enterprise Data to
Revenue (EDR) project within 21
days of the following
circumstances:
(a) The project scope has
changed and results in a
10-percent or more
variance to schedule,
cost, or revenue
generation when compared
to the most recent
project document
approved by the Office
of the State Chief
Information Officer
(OSCIO). This includes,
but is not limited to,
any cumulative changes
in system functionality
and deployment plans
that would trigger a
special project report
(SPR).
(b) The project schedule has
changed by 10 percent or
more when compared to
the most recent OSCIO-
approved project
document. This includes,
but is not limited to,
any cumulative changes
in milestones or
deliverables that would
trigger an SPR.
(c) The project costs has
changed by 10 percent or
more when compared to
the most recent OSCIO-
approved project
document stating the
total cost of system
development. This
includes, but is not
limited to, any
cumulative changes in
contract,
hardware/software, and
staff expenses that
would trigger an SPR.
(d) The realized revenues
generated for a given
fiscal year by the
developed EDR system
(net of revenues
generated by addressing
FTB's backlog issue)
vary by 10 percent or
more above or below
projected revenues in
the most recent OSCIO-
approved project
document.
Any report issued pursuant to
this provision shall include a
brief summary of the factors
behind scope, schedule, cost or
revenue changes and the steps
FTB plans to take to address
those issues, and the most
recent Status Report on file at
the OSCIO.
SEC. 101. Item 1730-001-0044 of Section 2.00 of
the Budget Act of 2009 is amended to read:
1730-001-0044--For support of Franchise
Tax Board, for payment to Item 1730-001-
0001, payable from the Motor Vehicle
Account, State Transportation Fund........ 2,913,000
3,063,000
SEC. 102. Item 1730-001-0064 of Section 2.00 of the
Budget Act of 2009 is amended to read:
1730-001-0064--For support of Franchise
Tax Board, for payment to Item 1730-001-
0001, payable from the Motor Vehicle
License Fee Account, Transportation Tax
Fund...................................... 5,468,000
5,746,000
SEC. 103. Item 1730-001-0242 of Section 2.00 of
the Budget Act of 2009 is amended to read:
1730-001-0242--For support of Franchise
Tax Board, for payment to Item 1730-001-
0001, payable from the Court Collection
Account................................... 12,141,000
12,806,000
SEC. 104. Item 1760-001-0001 of Section 2.00 of
the Budget Act of 2009 is repealed.
1760-001-0001--For support of Department of
General Services, for payment to Item 1760-
001-0666.................................... 6,583,000
+
Provisions:
1. The amount appropriated in this
item is for State Capitol
maintenance and repairs.
SEC. 105. Item 1760-001-0022 of Section 2.00 of
the Budget Act of 2009 is repealed.
1760-001-0022--For support of Department
of General Services, for payment to Item
1760-001-0666, payable from the State
Emergency Telephone Number Account........ 2,269,000
SEC. 106. Item 1760-001-0666 of Section 2.00 of
the Budget Act of 2009 is amended to read:
1760-001-0666--For support of Department
of General Services, payable from the
Service Revolving Fund..................... 513,652,000
439,884,000
Schedule:
(1) Program support...... 1,112,462,00
1,107,083,00
0
(2) Distributed services. -11,145,000
(2.5) Reimbursements....... -77,241,000
(3) Reimbursements--
Lease revenue........ -12,276,000
(4) Reimbursements--
FI$Cal............... -4,143,000
(5) Amount payable from
the General Fund
(Item 1760-001-0001). -6,583,000
(6) Amount payable from
the General Fund
(Item 1760-002-0001). -347,000
(7) Amount payable from
the Property
Acquisition Law
Money Account (Item
1760-001-0002)....... -3,276,000
(8) Amount payable from
the Motor Vehicle
Parking Facilities
Moneys Account (Item
1760-001-0003)....... -2,328,000
(9) Amount payable from
the State Emergency
Telephone Number
Account (Item 1760-
001-0022)............ -2,269,000
(10) Amount payable from
the State Motor
Vehicle Insurance
Account (Item 1760-
001-0026)............ -4,917,000
(11) Amount payable from
the Energy Resources
Programs Account
(Item 1760-001-0465). -1,699,000
(12) Amount payable from
the Architecture
Revolving Fund (Item
1760-001-0602)....... -43,676,000
(13) Amount payable from
the State School
Building Aid Fund
(Item 1760-001-0739). -300,000
(14) Amount payable from
the State School
Deferred Maintenance
Fund (Item 1760-001-
0961)................ -160,000
(15) Amount payable from
the Building
Standards
Administration
Special Revolving
Fund (Item 1760-001-
3144)................ -278,000
(16) Amount payable from
the 2006 State
School Facilities
Fund (Item 1760-001-
6057)................ -15,118,000
(17) Amount payable from
the Motor Vehicle
Parking Facilities
Moneys Account (Item
1760-002-0003)....... -1,085,000
(18) Amount payable from
the Service
Revolving Fund (Item
1760-002-0666)....... -150,741,000
(19) Amount payable from
the Service
Revolving Fund (Item
1760-003-0666)....... -14,490,000
(20) Amount payable from
the Service
Revolving Fund (Item
1760-004-0666)....... -323,979,000
Provisions:
1. Notwithstanding any other
provision of law, revenues from
the sale of legislative bills and
publications received by the
Legislative Bill Room shall be
deposited in the Service
Revolving Fund.
2. Notwithstanding any other
provision of law, if the Director
of General Services determines in
writing that there is
insufficient cash in a special
fund under his or her authority
to make one or more payments
currently due and payable, he or
she may order the transfer of
moneys to that special fund in
the amount necessary to make
payment or payments, as a loan
from the Service Revolving Fund.
That loan shall be subject to all
of the following conditions:
(a) No loan shall be made
that would interfere with
carrying out the object
for which the Service
Revolving Fund was
created.
(b) The loan shall be repaid
as soon as there are
sufficient moneys in the
recipient fund to repay
the amount loaned, but no
later than 18 months
after the date of the
loan. The amount loaned
shall not exceed the
amount that the fund or
program is authorized at
the time of the loan to
expend during the 2009-10
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
of which the Departments of
Finance or General Services had
knowledge in time to include in
the May Revision.
5. The Director of General Services
may augment this item and Items
1760-001-0003 and 1760-001-0026
to increase authorized
expenditures by the Office of
State Publishing, the Office of
Risk and Insurance Management,
the Office of Fleet
Administration, 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, 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 any of the items in this
provision, the director shall
notify the Department of Finance,
the chairpersons of the fiscal
committees of each house of the
Legislature, and the Chairperson
of the Joint Legislative Budget
Committee 30 days prior to making
the augmentation, including the
amount, justification, and the
office augmented. Any
augmentation that is deemed to be
necessary on a permanent basis
shall be submitted for review as
part of the normal budget
development process.
6. Any augmentation made pursuant to
Provisions 3 and 4 shall be
reported in writing to the
chairpersons of the fiscal
committees of each house of the
Legislature and the Chairperson
of the Joint Legislative Budget
Committee within 30 days of the
date the augmentation is
approved. This notification shall
be provided in a format
consistent with normal budget
change requests, including
identification of the amount of,
and justification for, the
augmentation, and the program
that has been augmented. Copies
of the notification shall be
provided to the Department of
Finance.
7. Notwithstanding any other
provision of law, the Director of
General Services or his or her
designee, in lieu of the Director
of Finance, is authorized to
approve Budget Revision,
Standard Form 26, subject to a
copy being provided to the
Department of Finance.
8. Notwithstanding any other
provision of law, due to the
inability to issue energy
efficiency revenue bonds pursuant
to Chapter 2.7 (commencing with
Section 15814.10) of Part 10b of
Division 3 of Title 2 of the
Government Code, in order to
repay the General Fund for the
cost of completing energy
efficiency projects on specified
buildings, the Department of
General Services shall, within 10
fiscal years, recover an amount
sufficient to repay the costs
associated with completed energy
efficiency projects plus 5-
percent interest, through utility
rates charged to tenants. On
August 1 of each fiscal year
beginning with the 2005-06 fiscal
year, the Department of General
Services shall transfer that
amount to the General Fund. Once
the General Fund has been
fully repaid, the Department of
General Services shall adjust
utility rates for all tenants to
accurately reflect the current
rates.
9. The Director of Finance is
authorized to increase this item
for purposes of funding tenant
improvement projects to
facilitate the backfill of vacant
space within stand-alone
Department of General Services
(DGS) bond-funded office
buildings. This provision shall
only be used to augment
expenditure authority for DGS
stand-alone individual rate
office buildings where a $0.03
tenant improvement surcharge has
been approved by the Department
of Finance and is included in the
monthly rental rate. Department
of Finance approval is contingent
upon justification for the
proposed tenant improvement
projects to be provided by the
DGS including an analysis of cost
impacts and how the tenant
improvements will improve the
state's utilization of the
facility. Any augmentation made
in accordance with this provision
shall not result in an increase
in any rate charged to other
departments for services without
the prior written consent of the
Department of Finance. Any
augmentation made pursuant to
this provision may be authorized
not sooner than 30 days after
notification in writing to the
chairpersons of the fiscal
committees of each house of the
Legislature and the Chairperson
of the Joint Legislative Budget
Committee.
10. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred to Item 0502-001-0001
if the Director of Finance
determines the transfer to be
necessary to carry out Governor's
Reorganization Plan No. 1 of
2009. These transfers may be made
upon the order of the Director of
Finance not sooner than 30 days
after notification in writing of
the necessity therefor is
provided to the chairpersons of
the committees in each house of
the Legislature that consider
appropriations and the
Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time the chairperson of the joint
committee, or his or her
designee, may in each instance
determine.
SEC. 107. Item 1760-101-0022 of Section 2.00 of
the Budget Act of 2009 is amended to read:
1760-101-0022--For local assistance, Department of 1
General Services, for reimbursement of local 2
agencies and service suppliers or communications 0
equipment companies for costs incurred pursuant to ,
Sections 41137, 41137.1, 41138, and 41140 of the 6
Revenue and Taxation Code, payable from the State 0
Emergency Telephone Number Account................... 4
,
0
0
0
Schedule:
(1) 911 Emergency Telephone
Number System............ 104,523,000
(2) Enhanced Wireless
Services................. 16,081,000
(3) Reimbursement............
-120,604,000
SEC. 108. Item 1760-301-0001 of Section 2.00 of the
Budget Act of 2009 is repealed.
1760-301-0001--For capital outlay,
Department of General Services............... 0
Schedule:
(2) 50.10.250-Sacramento
Public Safety
Communications
Decentralization,
Resources-- Working
drawings................... 95,000
(3) Reimbursements............. -95,000
Provisions:
1. Notwithstanding any other provision
of law, the funds appropriated in
Schedule (2) shall be reimbursed
from the Department of Water
Resources.
SEC. 109. Item 1760-301-0042 of Section 2.00 of
the Budget Act of 2009 is repealed.
1760-301-0042--For capital outlay, Department
of General Services, payable from the State
Highway Account, State Transportation Fund.... 555,000
Schedule:
(1) 50.10.250-Sacramento
Public Safety
Communications
Decentralization, Resources-
- Working drawings.......... 555,000
SEC. 110. Item 1760-301-0044 of Section 2.00 of
the Budget Act of 2009 is repealed.
1760-301-0044--For capital outlay, Department
of General Services, payable from the Motor
Vehicle Account, State Transportation Fund.... 1,406,000
Schedule:
(1) 50.10.250-Sacramento Public
Safety Communications
Decentralization, Resources-
- Working drawings.......... 1,406,000
SEC. 111. Item 1760-301-0200 of Section 2.00 of
the Budget Act of 2009 is repealed.
1760-301-0200--For capital outlay, Department
of General Services, payable from the Fish
and Game Preservation Fund.................... 126,000
Schedule:
(1) 50.10.250-Sacramento Public
Safety Communications
Decentralization, Resources-
- Working drawings.......... 126,000
SEC. 112. Item 1760-301-0768 of Section 2.00 of
the Budget Act of 2009 is repealed.
1760-301-0768--For capital outlay, Department
of General Services, payable from the
Earthquake Safety and Public Buildings
Rehabilitation Fund of 1990................... 4,065,000
Schedule:
(0.5) 50.10.250-Sacramento
Public Safety
Communications
Decentralization,
Resources-- Working
drawings.............. 1,028,000
(1) 50.99.428-Department
of Corrections and
Rehabilitation,
California Institute
for Women at
Frontera, Corona:
Walker Clinic and
Infirmary, Structural
Retrofit--
Construction.......... 3,037,000
SEC. 113. Item 1760-490 is added to Section 2.00
of the Budget Act of 2009, to read:
1760-490--Reappropriation, Department of General
Services. The balances of the appropriations provided
in the following citations are reappropriated for the
purposes and subject to the limitations, unless
otherwise specified, provided for in the following
appropriations:
0660--Public Buildings Construction Fund
(1) Item 1760-301-0660, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
reappropriated by Item 1760-490, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008)
(1) 50.10.151-Library and Courts
Renovation-- Construction
+
(2) Item 1760-301-0660, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(1) 50.10.15-Library and Courts
Building Renovation-
-Construction
0768--Earthquake Safety and Public Buildings
Rehabilitation Fund of 1990
(1) Item 1760-301-0768, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
(2) 50.99.091-Department of
Corrections and
Rehabilitation, DVI, Tracy,
Hospital Building: Structural
Retrofit--Construction
+
(2) Item 1760-301-0768, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
(2.5) 50.99.09-California Department
of Corrections and
Rehabilitation, DVI, Tracy,
Hospital Building: Structural
Retrofit--Construction
SEC. 114. Item 1870-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
1870-001-0001--For support of California Victim
Compensation and Government Claims Board.............. 0
Schedule:
(1) 11-Citizens
Indemnification............ 26,923,000
27,328,000
(2) 12-Quality Assurance and
Revenue Recovery Division.. 9,418,000
(3) 31-Civil Claims Against
the State.............. 1,410,000
(4) 51.01-Administration....... 10,566,000
(5) 51.02-Distributed
Administration............. -10,566,000
(6) Reimbursements............. -1,410,000
(7) Amount payable from the
Restitution Fund (Item
1870-001-0214)............. -34,728,000
(8) Amount payable from the
Federal Trust Fund (Item
1870-001-0890)............. -1,613,000
-2,018,000
Provisions:
1. The California Victim Compensation and
Government Claims Board shall not
routinely notify all local agencies and
school districts regarding its
proceedings. However, for each of its
meetings, the board shall notify all
parties whose claims or proposals are
scheduled for consideration and any party
requesting notice of the proceedings.
SEC. 115. Item 1870-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
1870-001-0890--For support of California
Victim Compensation and Government Claims
Board, for payment to Item 1870-001-0001,
payable from the Federal Trust Fund....... 1,613,000
2,018,000
SEC. 116. Item 1870-101-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
1870-101-0890--For local assistance,
California Victim Compensation and
Government Claims Board, for Program 11-
Citizens Indemnification, payable from
the Federal Trust Fund.................... 30,650,000
38,355,000
SEC. 117. Item 1880-001-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
1880-001-0001--For support of State
Personnel Board............................. 3,107,000
Schedule:
(1) 10-Merit System
Administration........ 22,349,000
22,856,000
(2) 40-Local Government
Services.............. 2,973,000
(3) 50.01-Administration
Services.............. 3,296,000
(4) 50.02-Distributed
Administration
Services.............. -1,976,000
(5) Reimbursements........ -21,409,000
-21,916,000
(6) Amount payable from
the Central Service
Cost Recovery Fund
(Item 1880-001-9740).. -2,126,000
Provisions:
1. Notwithstanding any other
provision of law, the Director of
Finance may authorize a loan from
the General Fund, in an amount not
to exceed 35 percent of
reimbursements appropriated in
this item to the State Personnel
Board, provided that:
(a) The loan is to meet cash
needs resulting from the
delay in receipt of
reimbursements for
services provided.
(b) The loan is for a short
term and shall be repaid
by September 30, 2010.
(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.
2. The Department of General
Services, with the consent of the
Department of Personnel
Administration and the State
Personnel Board, may enter into a
lease, lease-purchase agreement,
or lease with an option to
purchase for a build-to-suit
facility for the co - location of
the
the Department of Personnel
Administration and the State
Personnel Board in the Sacramento
area, subject to Department of
Finance approval of the terms and
conditions of the agreement. At
least 30 days prior to entering
into any agreement, the Department
of General Services shall notify
the chairpersons of the committees
in each house of the Legislature
that consider appropriations and
the Joint Legislative Budget
Committee of the terms and
conditions of the agreement. If
the Joint Legislative Budget
Committee does not express any
opposition, the Department of
General Services may proceed with
the agreement after 30 days from
when the Department of General
Services gave notice to the
chairpersons.
SEC. 118. Item 1900-015-0815 of Section 2.00 of
the Budget Act of 2009 is amended to read:
1900-015-0815--For support of Board of
Administration of the Public Employees'
Retirement System, payable from the Judges'
Retirement Fund............................. (1,134,000)
(1,101,000)
Provisions:
1. Notwithstanding any other
provision of law, the Board of
Administration of the Public
Employees' Retirement System
(PERS), in accordance with all
applicable provisions of the
California Constitution, shall
submit to the Controller, the
Department of Finance, the Joint
Legislative Budget Committee,
and the fiscal committees of
each house of the Legislature,
all of the following:
(a) Not later than May 15,
2010, a copy of the
proposed budget for PERS
for the 2010-11 fiscal
year as approved by
the Board of
Administration.
(b) The revisions to the
proposed budget for PERS
for the 2009-10 fiscal
year, as recommended by
the PERS Finance
Committee, at least 30
days prior to the
consideration of those
revisions by the Board of
Administration.
(c) Commencing October 1,
2009, all expenditure and
performance workload data
provided to the Board of
Administration, as
updated on a quarterly
basis. This quarterly
update information is to
be submitted to the Joint
Legislative Budget
Committee and the fiscal
committees of each house
of the Legislature, and
shall be in sufficient
detail to be useful
for legislative oversight
purposes and to sustain a
thorough ongoing review
of Public Employees'
Retirement System
of PERS expenditures.
SEC. 119. Item 1900-015-0820 of Section 2.00 of the
Budget Act of 2009 is amended to read:
1900-015-0820--For support of Board of
Administration of the Public Employees'
Retirement System, payable from the
Legislators' Retirement Fund.................. (454,000)
(369,000)
Provisions:
1. Notwithstanding any other provision
of law, the Board of Administration
of the Public Employees' Retirement
System, in accordance with all
applicable provisions of the
California Constitution, shall submit
to the Controller, the Department of
Finance, the Joint Legislative Budget
Committee, and the fiscal committees
of each house of the Legislature all
of the following:
(a) Not later than May 15, 2010, a
copy of the proposed budget for
the Public Employees' Retirement
System for the 2010-11 fiscal
year as approved by the Board of
Administration.
(b) The revisions to the proposed
budget for the Public Employees'
Retirement System for the 2009-10
fiscal year, as recommended by
the Public Employees' Retirement
System Finance Committee, at
least 30 days prior to
consideration of those revisions
by the Board of Administration.
(c) Commencing October 1, 2009, all
expenditure and performance
workload data provided to the
Board of Administration, as
updated on a quarterly basis.
This quarterly update information
shall be submitted to the Joint
Legislative Budget Committee and
the fiscal committees of each
house of the Legislature in
sufficient detail to be useful
for legislative oversight
purposes and to sustain a
thorough ongoing review of the
expenditures of the Public
Employees' Retirement System.
SEC. 120. Item 1900-015-0830 of Section 2.00 of
the Budget Act of 2009 is amended to read:
1900-015-0830--For support of Board of
Administration of the Public Employees'
Retirement System, payable from the
Public Employees' Retirement Fund........ (275,085,000)
(275,755,000)
Provisions:
1. Notwithstanding any other
provision of law, the Board of
Administration of the Public
Employees' Retirement System,
in accordance with all
applicable provisions of the
California Constitution, shall
submit to the Controller, the
Department of Finance, the
Joint Legislative Budget
Committee, and the fiscal
committees of the Legislature,
all of the following:
(a) No later than May 15,
2010, a copy of the
proposed budget for the
Public Employees'
Retirement System for
the 2010-11 fiscal
year as approved by the
Board of Administration.
(b) The revisions to the
proposed budget for the
Public Employees'
Retirement System for
the 2009-10 fiscal
year, as recommended by
the Public Employees'
Retirement System
Finance Committee, at
least 30 days prior to
consideration of those
revisions by the Board
of Administration.
(c) Commencing October 1,
2009, all expenditure
and performance
workload data provided
to the Board of
Administration, as
updated on a quarterly
basis. This quarterly
update information
shall be submitted to
the Joint Legislative
Budget Committee and
the fiscal committees
of the Legislature in
sufficient detail to be
useful for legislative
oversight purposes and
to sustain a thorough
ongoing review of the
expenditures of the
Public Employees'
Retirement System.
2. Commencing July 1, 2009,
reports on information
technology projects that are
submitted to the Board of
Administration of the Public
Employees' Retirement System
shall be submitted to the
Joint Legislative Budget
Committee, the fiscal
committees of the Legislature,
and the Department of Finance
on an informational basis. The
quarterly update information
submitted to the Department of
Finance shall be in sufficient
detail to be useful for
Department of Finance
informational project status
reporting purposes.
SEC. 121. Item 1900-015-0833 of Section 2.00 of
the Budget Act of 2009 is amended to read:
1900-015-0833--For support of Board of
Administration of the Public Employees'
Retirement System, payable from the
Annuitants' Health Care Coverage Fund......... (552,000)
(773,000)
Provisions:
1. Notwithstanding any other provision
of law, the Board of Administration
of the Public Employees' Retirement
System (PERS), in accordance with all
applicable provisions of the
California Constitution, shall submit
to the Controller, the Department of
Finance, the Joint Legislative Budget
Committee, and the fiscal committees
of each house of the Legislature, all
of the following:
(a) No later than May 15, 2010, a
copy of the proposed budget for
PERS for the 2010-11 fiscal year
as approved by the Board of
Administration.
(b) The revisions to the proposed
budget for PERS for the 2009-10
fiscal year, as recommended by
the PERS Finance Committee, at
least 30 days prior to
consideration of those revisions
by the Board of Administration.
(c) Commencing October 1, 2009, all
expenditure and performance
workload data provided to the
Board of Administration, as
updated on a quarterly basis.
This quarterly update information
is to be submitted to the Joint
Legislative Budget Committee and
the fiscal committees of each
house of the Legislature, and
shall be in sufficient detail to
be useful for legislative
oversight purposes and to sustain
a thorough ongoing review of the
PERS expenditures.
SEC. 122. Item 1900-015-0884 of Section 2.00 of
the Budget Act of 2009 is amended to read:
1900-015-0884--For support of Board of
Administration of the Public Employees'
Retirement System, payable from the Judges'
Retirement System II Fund..................... (685,000)
(594,000)
Provisions:
1. Notwithstanding any other provision
of law, the Board of Administration
of the Public Employees' Retirement
System (PERS), in accordance with all
applicable provisions of the
California Constitution, shall submit
to the Controller, the Department of
Finance, the Joint Legislative Budget
Committee, and the fiscal committees
of each house of the Legislature, all
of the following:
(a) No later than May 15, 2010, a
copy of the proposed budget for
PERS for the 2010-11 fiscal year
as approved by the Board of
Administration.
(b) The revisions to the proposed
budget for PERS for the 2009-10
fiscal year, as recommended by
the PERS Finance Committee, at
least 30 days prior to the
consideration of those revisions
by the Board of Administration.
(c) Commencing October 1, 2009, all
expenditure and performance
workload data provided to the
Board of Administration, as
updated on a quarterly basis.
This quarterly update information
is to be submitted to the Joint
Legislative Budget Committee and
the fiscal committees of each
house of the Legislature, and
shall be in sufficient detail to
be useful for legislative
oversight purposes and to sustain
a thorough ongoing review of PERS
Public Employees' Retirement
System expenditures.
SEC. 123. Item 1955-001-9730 of Section 2.00 of
the Budget Act of 2009 is repealed.
1955-001-9730--For support of Department
of Technology Services, payable from the
Department of Technology Services
Revolving Fund............................ 239,283,000
Schedule:
(1) 10-Administration
of Technology
Services............ 239,751,000
(2) Reimbursements...... -468,000
Provisions:
1. Notwithstanding any other
provision of law, the Director
of Finance may authorize
expenditures for the Department
of Technology Services in excess
of the amount appropriated
not sooner than 30 days after
notification in writing of the
necessity therefor is provided
to the chairpersons of the
fiscal committees in each house
of the Legislature and the
Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time the chairperson of the
joint committee, or his or her
designee, may in each instance
determine.
2. Expenditure authority provided
in this item to support data
center infrastructure projects
may not be utilized for items
outside the approved project
scope. In addition, the
Department of Technology
Services shall report to the
Office of the State Chief
Information Officer actual
expenditures associated with the
projects when purchase
agreements have been executed.
Changes in project scope must
receive approval using the
established administrative and
legislative reporting
requirements.
SEC. 124. Item 2240-001-0648 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2240-001-0648--For support of Department
of Housing and Community Development....... 17,398,000
Schedule:
(1) 10-Codes and
Standards Program... 25,085,000
25,326,000
(2) 20-Financial
Assistance Program.. 23,666,000
24,166,000
(3) 30-Housing Policy
Development Program. 3,258,000
(4) 50.01-
Administration...... 11,929,000
(5) 50.02-Distributed
Administration...... -11,929,000
(6) 50.03-Distributed
Administration of
the Housing Policy
Development Program. -136,000
(7) Reimbursements...... -918,000
-1,659,000
(8) Amount payable from
the General Fund
(Item 2240-001-
0001)............... -3,788,000
(9) Amount payable from
the Mobilehome
Parks and Special
Occupancy Parks
Park Revolving Fund
(Item 2240-001-
0245)............... -6,422,000
(10) Amount payable from
the Mobilehome Park
Purchase Fund (Item
2240-001-0530)...... -601,000
(11) Amount payable from
the Self-Help
Housing Fund (Item
2240-001-0813)...... -128,000
(12) Amount payable from
the Federal Trust
Fund (Item 2240-001-
0890)............... -11,291,000
(13) Amount payable from
the Housing
Rehabilitation Loan
Fund (Item 2240-001-
0929)............... -2,467,000
(14) Amount payable from
the Rental Housing
Construction Fund
(Item 2240-001-
0938)............... -977,000
(15) Amount payable from
the Predevelopment
Loan Fund (Item
2240-001-0980)...... -317,000
(16) Amount payable from
the Emergency
Housing and
Assistance Fund
(Item 2240-001-
0985)............... -473,000
(17) Amount payable from
the Jobs-Housing
Balance Improvement
Account (Item 2240-
001-3006)........... -440,000
(18) Amount payable
from the Building
Standards
Administrati ve on
Special Revolving Fund
Fund (Item 2240-001-
3144)............... -280,000
(19) Amount payable from
the Building Equity
and Growth in
Neighborhoods Fund
(Item 2240-001-
6038)............... -329,000
(20) Amount payable from
the Building Equity
and Growth in
Neighborhoods Fund
(Item 2240-002-
6038)............... -1,039,000
(21) Amount payable from
the Regional
Planning, Housing ,
and Infill
Incentive Account,
Housing and
Emergency Shelter
Trust Fund of 2006
(Item 2240-001-
6069)............... -2,555,000
(22) Amount payable from
the Housing Urban-
Suburban-and-Rural
Parks Account,
Housing and
Emergency Shelter
Trust Fund of 2006
(Item 2240-001-
6071)............... -908,000
(23) Amount payable from
the Transit-
Oriented
Development
Implementation Fund
(Item 2240-001-
9736)............... -1,542,000
Provisions:
1. Notwithstanding Section 18077 of
the Health and Safety Code, or
any other provision of law, the
first $2,388,000 in revenues
collected by the Department of
Housing and Community
Development from manufactured
home license fees shall be
deposited in the Mobilehome-
Manufactured Home Revolving
Fund, and shall be available to
the department for the support,
collection, administration, and
enforcement of manufactured home
license fees.
2. Notwithstanding Section 18077.5
of the Health and Safety Code,
or any other provision of law,
the Department of Housing and
Community Development is not
required to comply with the
reporting requirement of
Section 18077.5 of the Health
and Safety Code.
SEC. 125. Item 2240-101-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2240-101-0001--For local assistance,
Department of Housing and Community
Development.................................. 5,629,000
Schedule:
(1) 20-Financial
Assistance Program.... 172,386,000
227,505,000
(2) Amount payable from
the Federal Trust
Fund (Item 2240-101-
0890)................. -166,757,000
-221,876,000
SEC. 126. Item 2240-101-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2240-101-0890--For local assistance,
Department of Housing and Community
Development, for payment to Item 2240-101-
0001, payable from the Federal Trust Fund.. 166,757,000
221,876,000
Provisions:
1. Notwithstanding any other
provision of law, federal
funds appropriated by this
item but not encumbered or
expended by June 30, 2010, may
be expended in the subsequent
fiscal year.
2. Of the funds appropriated in
this item, the Director of
Finance may transfer up to
$1,600,000 to Item 2240-001-
0890 for state operations
costs of administration of
federal housing stimulus funds.
SEC. 127. Item 2240-490 is added to Section 2.00
of the Budget Act of 2009, to read:
2240-490--Reappropriation, Department of
Housing and Community Development. The
balances of the appropriations provided in the
citations below are reappropriated for the
purposes provided in those appropriations and
shall be available for encumbrance until June
30, 2010. Notwithstanding any other provision
of law, the period to liquidate the
encumbrances set forth below is extended to
June 30, 2014.
6038--Building Equity and Growth in
Neighborhoods (BEGIN) Fund
(1) Item 2240-102-6038, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
6069--Regional Planning, Housing, and
Infill Incentive Account, Housing and
Emergency Shelter Trust Fund of 2006
(1) Item 2240-101-6069, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
9736--Transit-Oriented Development
Implementation Fund
(1) 2240-101-9736, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
SEC. 128. Item 2320-001-0317 of Section 2.00 of the
Budget Act of 2009 is amended to read:
2320-001-0317--For support of Department of
Real Estate, payable from the Real Estate
Fund.......................................... 44,906,000
43,906,000
Schedule:
(1) 10-Licensing and
Education.............. 9,532,000
9,312,000
(2) 20-Enforcement and
Recovery............... 28,577,000
27,977,000
(3) 30-Subdivisions........ 7,139,000
6,959,000
(4) 40.10-Administration... 8,498,000
7,498,000
(5) 40.20-Distributed
Administration......... -8,405,000
-7,405,000
(6) Reimbursements......... -435,000
Provisions:
1. Of the amount appropriated in this
item, $500,000 shall be used only
for the purposes of the Real Estate
Recovery Account.
SEC. 129. Item 2660-001-0042 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2660-001-0042--For support of Department
of Transportation, payable from the
State Highway Account, State
Transportation Fund...................... 2,535,650,000
2,502,590,000
Schedule:
(1) 10-Aeronautics...... 3,655,000
3,619,000
(2) 20.10-Highway
Transportation--
Capital Outlay 1,702,066,00
Support.............
1,605,623,0 0
0
(3) 20.30-Highway
Transportation--
Local Assistance.... 45,946,000
42,345,000
(4) 20.40-Highway
Transportation--
Program Development. 77,212,000
77,644,000
(5) 20.65-Highway
Transportation--
Legal............... 80,000,000
123,789,000
(6) 20.70-Highway
Transportation--
Operations.......... 207,932,000
204,690,000
(7) 20.80-Highway
Transportation-- 1,200,544,00
Maintenance.........
1,260,717,0 0
0
(8) 30-Mass
Transportation...... 139,579,000
140,074,000
(9) 40-Transportation
Planning............ 108,048,000
82,593,000
(10) 50.00-
Administration...... 377,401,000
427,308,000
(11) 60.10-Equipment
Service Program
Costs............... 199,761,000
235,203,000
(11.5 60.20-Distributed
) Equipment Service
Program Costs....... -199,761,000
-236,129,000
(12) Reimbursements...... -337,578,000
-351,002,000
(13) Amount payable from
the Aeronautics
Account, State
Transportation Fund
(Item 2660-001-
0041)............... -3,549,000
(14) Amount payable from
the Bicycle
Transportation
Account, State
Transportation Fund
(Item 2660-001-
0045)............... -20,000
(15) Amount payable from
the Public
Transportation
Account, State
Transportation Fund
(Item 2660-001-
0046)............... -160,945,000
(16) Amount payable from
the Historic
Property
Maintenance Fund
(Item 2660-001-
0365)............... -1,632,000
(16.5 Amount payable from
) the Seismic
Retrofit Bond Fund
of 1996 (Section
8879.3 of the
Government Code).... -5,482,000
-7,376,000
(17) Amount payable from
the Federal Trust
Fund (Item 2660-001-
0890)............... -541,003,000
-495,617,000
(17.5 Amount payable from
) Federal Trust Fund.. -26,221,000
(18) Amount payable from
the Transportation
Financing
Subaccount, State
Highway Account,
State
Transportation Fund
(Item 2660-001-
6801)............... -782,000
-594,000
(18.5 Amount payable from
) the Transportation
Investment Fund
(Item 2660-002-
3008)............... -244,440,000
-289,277,000
(19) Amount payable from
the State Route
99 Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 2660-004-
6072)............... -4,496,000
-6,246,000
(21) Amount payable from
the Corridor
Mobility
Improvement
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 2660-004-
6055)............... -23,813,000
-40,642,000
(22) Amount payable from
the Trade Corridors
Improvement Fund
(Item 2660-004-
6056)............... -2,564,000
-3,487,000
(23) Amount payable from
the Transportation
Facilities Account,
Highway Safety,
Traffic Reduction,
Air Quality, and
Port Security Fund
of 2006 (Item 2660-
004-6058)........... -56,840,000
-57,427,000
(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)............... -1,312,000
(24.5 Amount payable from
) the State-Local
Partnership Program
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 2660-004-
6060)............... -496,000
(26) Amount payable from
the Local Bridge
Seismic Retrofit
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 2660-004-
6062)............... -232,000
(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)........... -636,000
(28) Amount payable from
the Highway Safety,
Rehabilitation, and
Preservation
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 2660-004-
6064)............... -20,913,000
-18,175,000
Provisions:
1. Notwithstanding any other
provision of law, funds
appropriated in this item from
the State Highway Account may be
reduced and replaced by an
equivalent amount of federal
funds determined by the
Department of Transportation to
be available and necessary to
comply with Section 8.50 and the
most effective management of
state transportation resources.
Not more than 30 days after
replacing the state funds with
federal funds, the Director of
Finance shall notify in writing
the chairpersons of the
committees in each house of the
Legislature that consider
appropriations and the
Chairperson of the Joint
Legislative Budget Committee of
this action.
2. Notwithstanding any other
provision of law, funding
appropriated in this item may be
transferred to Item 2660-005-
0042 to pay for any necessary
insurance, debt service, and
other financing-related
expenditures for Department of
Transportation-owned office
buildings. Any transfer will
require the prior approval of
the Department of Finance.
3. T Of t he funds appropriated
in
Schedule (2), $1,184,744,000 is
for state staff and state staff
cash overtime, $271,696,000 is
Schedule (2) for external consultant
and
professional services related to
project delivery (also known as
232 contracts), and $149,183,000
is for operating expenses. The
funds appropriated in Schedule
(2) for external consultant and
professional
professional services related to project
delivery (also known as 232
contracts) that are unencumbered
project delivery that are
unencumbered or encumbered but
or encumbered but unexpended related
to work
that
related to work that will not be
performed during the
performed during the fiscal year
shall revert to the
shall revert to the fund from
which they were
which they were appropriated.
4. Notwithstanding any other
provision of law, funds
appropriated in this item may be
supplemented with federal
funding appropriation authority
and with prior fiscal year State
Highway Account appropriation
balances at a level determined
by the Department of
Transportation as required to
process claims utilizing federal
advance construction through the
plan of financial adjustment
process pursuant to Sections
11251 and 16365 of the
Government Code.
5. Notwithstanding any other
provision of law, funds
appropriated in Item 2660-001-
0042, 50.00-Administration from
the State Highway Account, may
be reduced and replaced by an
equivalent amount of
reimbursements determined by the
Department of Transportation to
be available and necessary to
comply with Section 28.50 and
the most effective management of
state transportation resources.
The reimbursements may also be
reduced and replaced by an
equivalent amount of funds from
the State Highway Account. Not
more than 30 days after
replacing the State Highway
Account funds with
reimbursements and vice versa,
the Director of Finance shall
notify in writing the
chairpersons of the committees
in each house of the Legislature
that consider appropriations and
the Chairperson of the Joint
Legislative Budget Committee of
this action.
6. Of the funds appropriated in
Schedule (7), $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.
7. Of the funds appropriated in
Schedule (5), $ 4 6 8,556,000
is for
the payment of tort lawsuit
claims and awards. Any funds for
that purpose that are
unencumbered as of April 1,
2010, may be transferred to Item
2660-302-0042. Any transfer
shall require the prior approval
of the Department of Finance.
8. Of the funds appropriated in
this item, transfers shall be
available to Items 2660-004-
6055, 2660-004-6056, 2660-004-
6058, 2660-004-6059, 2660-004-
6060, 2660-004-6062, 2660-004-
6063, 2660-004-6064, and 2660-
004-6072. The Department of
Finance shall authorize the
transfer not sooner than 30 days
after notification in writing to
the chairpersons of the
committees in each house of the
Legislature that consider
appropriations and the
Chairperson of the Joint
Legislative Budget Committee.
9. Of the funds appropriated in
Schedule (2), the following
shall apply:
(a) The Department of
Transportation shall
allocate an amount not to
exceed $500,000 per year
for two years, from the
State Highway Account, as
appropriated in the
Budget Act, for purposes
of funding workforce
development training to
provide highway
construction and trade-
related apprenticeship
and workforce preparation
training to unemployed or
underemployed
individuals, including
training related to the
following:
(1) Preapprenticeship
employability
skills.
(2) Job-readiness.
(3) Construction-
related skills.
(4) Job referral and
placement.
(b) The department is
authorized to enter into
contracts for purposes of
providing workforce
development training
according to the
following terms:
(1) Contracts shall be
awarded on a
competitive basis.
(2) Contracts shall be
awarded to bidders
that operate
existing workforce
development
programs,
including, but not
limited to,
programs operated
by the State
Department of
Education, Regional
Occupational
Centers and
Programs,
Apprenticeship
Councils, local
Workforce
Investment Boards,
K-12 schools,
industry
associations, and
community
organizations.
(3) To the maximum
extent possible,
funds should be
used in combination
with other state,
federal, local, or
private funds to
provide maximum
workforce
development
benefit. The
department shall
seek additional
federal grant
dollars to expand
the program.
(4) Priority is to be
given to workforce
development efforts
intended to provide
benefits primarily
to neighborhoods
experiencing high
rates of poverty
and unemployment
and low levels of
educational
attainment, work
experience, and
workforce
employability
skills.
(5) Workforce
development
training will
provide specialized
training and
certifications
necessary to work
in highway
construction,
including skills
related to green
and emerging
technologies within
the transportation
industry.
(6) Contractors must
provide to the
department monthly
reports that
include the number
of enrollments,
graduates,
contractor
partnerships
developed for job
placements, actual
job placements, and
jobs retained.
(c) The department shall
implement this provision
in collaboration with the
Employment Development
Department and California
Workforce Investment
Board.
(d) Funds shall be used
solely for training or
curriculum.
(e) By March 1, 2011, the
department shall report
to the Joint Legislative
Budget Committee on
outcomes of the workforce
development program. The
report shall include, but
not necessarily be
limited to, the following
information:
(1) The amount of any
supplemental funds
received for the
program beyond the
$1,000,000 provided
for in this
provision.
(2) The name of each
training provider
and the amount of
funds allocated to
each, including a
summary of
expenditures by
category.
(3) The number of
individuals who
received training
by each provider,
the number of
program graduates
for each provider,
and the number of
training-related
job placements by
each provider.
(4) A description of
the coordination
between activities
funded pursuant to
this provision and
other federal,
state, or local
training programs.
(5) The extent to which
funds provided for
pursuant to this
section were
leveraged to expand
other training
resources.
(6) A recommendation
whether the
department should
continue to provide
funds for workforce
development
training related to
highway
construction and,
if so,
recommendations for
improvement to the
program.
10. Of the funds appropriated in
Schedule (9), $24,000,000 is for
the Department of
Transportation's preprogramming
activities, including the
preparation of project
initiation documents. Beginning
in the 2010-11 fiscal year and
every year thereafter, the
department's budget for Schedule
(9) shall be adjusted based on
workload for key activities
within the program, including
the preparation of project
initiation documents. The
department shall provide to the
Legislature information to
support each year's budget
request for Schedule (9) as part
of the Governor's Budget
submitted each January.
11. No later than January 10, 2010,
the Department of Transportation
shall provide to the Legislature
information explaining and
justifying the workload for the
department's legal, information
technology, administrative, and
civil rights activities for all
the department's programs.
12. No funding is available in this
item for the implementation of a
Public-Private Partnership
program. However, this item may
be augmented by $2,533,000 for
implementation of a Public-
Private Partnership program,
upon the order of the Director
of Finance, if legislation is
enacted to clarify existing law
that the California
Transportation Commission is
responsible for reviewing and
approving proposed public-
private partnerships projects
and final lease agreements.
Implementation may include
activities related to
development of implementation
plans, guidelines and
administrative procedures,
coordination among state and
regional entities, marketing,
and other activities necessary
to implement a Public-Private
Partnership program. If the
legislation described in this
provision is enacted, the
Department of Transportation is
hereby authorized to enter into
contracts for the provision of
legal, financial, and technical
services needed to implement the
Public-Private Partnership
program for up to a total of
$8,500,000, of which $6,900,000
is subject to future
augmentation as provided in this
provision. If the legislation
described in this provision is
enacted, and specific Public-
Private Partnership projects are
identified for evaluation,
review, and analysis by the
department, this item may
additionally be augmented by up
to $6,900,000 after submittal of
a request to the Joint
Legislative Budget Committee for
30-day review. Any request for
an augmentation by the
department should include a
description of the location,
scope, and financing for the
project being evaluated,
reviewed, or analyzed.
SEC. 130. Item 2660-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2660-001-0890--For support of Department
of Transportation, for payment to Item
2660-001-0042, payable from the Federal
Trust Fund................................. 541,003,000
495,617,000
Provisions:
1. For Program 20-- Highway
Transportation. For purposes
of Section 163 of the Streets
and Highways Code, all
expenditures from this item
shall be deemed to be
expenditures from the State
Highway Account, State
Transportation Fund.
2. For Program 20-- Highway
Transportation. Federal funds
may be received from any
federal source, and shall be
deposited in the Federal Trust
Fund. Any federal
reimbursements shall be
credited to the account from
which the expenditures were
originally made.
3. Notwithstanding any other
provision of law, the Director
of Finance may augment this
item with additional federal
funds in conjunction with an
equivalent offsetting
reduction in State Highway
Account funds in Item 2660-001-
0042, pursuant to Provision 1
of that item or Public
Transportation Account funds
in Item 2660-001-0046,
pursuant to Provision 2 of
that item.
SEC. 131. Item 2660-001-6801 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2660-001-6801--For support of Department
of Transportation, for payment to Item
2660-001-0042, payable from the
Transportation Financing Subaccount,
State Highway Account, State
Transportation Fund....................... 782,000
594,000
SEC. 132. Item 2660-002-0890 is added to Section
2.00 of the Budget Act of 2009, to read:
2660-002-0890--For support of Department of
Transportation, for debt service
requirements and other financing related
costs for federal Grant Anticipation Revenue
Vehicles (GARVEE) issued in the 2009-10
fiscal year, payable from the Federal Trust 675,000,0
Fund......................................... 00
Provisions:
1. Notwithstanding any other
provision of law, the funds
appropriated in this item shall
be available for encumbrance or
expenditure until expended.
2. Notwithstanding Section 28.00,
upon approval of the Department
of Finance, this item may be
augmented if additional funds
are necessary to meet debt
service and other requirements
related to the fiscal year 2009-
10 GARVEE issuance.
3. The appropriation in this item
reflects, in part, the pledge
made by the California
Transportation Commission in
accordance with Section 14553.7
of the Government Code in
connection with the GARVEE
bonds issued in the 2009-10
fiscal year.
4. Funds appropriated in this item
are in lieu of the amounts that
have been appropriated pursuant
to Section 14554.8 of the
Government Code.
SEC. 133. Item 2660-002-3007 of Section 2.00 of the
Budget Act of 2009 is amended to read:
2660-002-3007--For support of Department of
Transportation, payable from the Traffic
Congestion Relief Fund........................ 27,797,000
16,393,000
Schedule:
(1) 20.10-Highway
Transportation--
Capital Outlay Support. 27,510,000
16,106,000
(2) 30-Mass Transportation. 287,000
Provisions:
1. Notwithstanding any other provision
of law, if the California
Transportation Commission allocates
funds to Traffic Congestion Relief
Program projects in the 2009-10
fiscal year, the Director of
Finance may increase expenditure
authority in this item for
additional capital outlay staffing
directly related to new Traffic
Congestion Relief Program
allocations after notifying the
Chairperson of the Joint
Legislative Budget Committee and
the 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.
SEC. 134. Item 2660-002-3008 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2660-002-3008--For support of Department
of Transportation, for payment to Item
2660-001-0042, payable from the
Transportation Investment Fund............ 244,440,000
289,277,000
SEC. 135. Item 2660-004-6055 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2660-004-6055--For support of Department
of Transportation, for payment to Item
2660-001-0042, payable from the Corridor
Mobility Improvement Account, Highway
Safety, Traffic Reduction, Air Quality,
and Port Security Fund of 2006............. 23,813,000
40,642,000
Provisions:
1. Provision 8 of Item 2660-001-
0042 also applies to this item.
SEC. 136. Item 2660-004-6056 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2660-004-6056--For support of Department of
Transportation, for payment to Item 2660-
001-0042, payable from the Trade Corridors
Improvement Fund............................ 2,564,000
3,487,000
Provisions:
1. Provision 8 of Item 2660-001-0042
also applies to this item.
SEC. 137. Item 2660-004-6058 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2660-004-6058--For support of Department
of Transportation, for payment to Item
2660-001-0042, payable from the
Transportation Facilities Account, Highway
Safety, Traffic Reduction, Air Quality,
and Port Security Fund of 2006............. 56,840,000
57,427,000
Provisions:
1. Provision 8 of Item 2660-001-
0042 also applies to this item.
SEC. 138. Item 2660-004-6064 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2660-004-6064--For support of Department
of Transportation, for payment to Item
2660-001-0042, payable from the Highway
Safety, Rehabilitation, and Preservation
Account, Highway Safety, Traffic
Reduction, Air Quality, and Port Security
Fund of 2006............................... 20,913,000
18,175,000
Provisions:
1. Provision 8 of Item 2660-001-
0042 also applies to this item.
SEC. 139. Item 2660-004-6072 of Section 2.00 of
the Budget Act of 2009 is amended 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. 4,496,000
6,246,000
Provisions:
1. Provision 8 of Item 2660-001-0042
also applies to this item.
SEC. 140. Item 2660-011-0042 is added to Section
2.00 of the Budget Act of 2009, to read:
2660-011-0042--For transfer by the
Controller, upon order of the Director
of Finance, from the State Highway
Account, State Transportation Fund, to
the General Fund....................... (135,000,000)
Provisions:
1. The amount transferred in
this item is a loan to the
General Fund and shall be
repaid by June 30, 2012.
The repayment shall be
made as to ensure that the
programs supported by the
State Highway Account,
State Transportation Fund,
are not adversely affected
by the loan. This loan
shall be repaid with
interest calculated at the
rate earned by the Pooled
Money Investment Account
at the time of the
transfer.
SEC. 141. Item 2660-102-0890 of Section 2.00 of the
Budget Act of 2009 is amended to read:
2660-102-0890--For local assistance,
Department of Transportation, non-State
Transportation Improvement Program
(STIP), payable from the Federal Trust
Fund..................................... 1,469,313,000
1,462,711,000
Schedule:
(1) 20-Highway 1,358,113,00
Transportation......
1,351,511,0 0
0
(2) 30-Mass
Transportation...... 46,100,000
(3) 40-Transportation
Planning............ 65,100,000
Provisions:
1. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred intraschedule or to
Item 2660-101-0890, 2660-301-
0890, or 2660-302-0890. These
transfers shall require the
prior approval of the Department
of Finance. Funds appropriated
in Schedules (1) and (2) shall
be available for allocation by
the California Transportation
Commission until June 30, 2011,
and available for encumbrance
and liquidation until June 30,
2015.
2. For Program 20-- Highway
Transportation. For purposes of
the Streets and Highways Code,
all expenditures from this item
shall be deemed to be
expenditures from the State
Highway Account, State
Transportation Fund.
3. For Program 20-- Highway
Transportation. Federal funds
may be received from any federal
source and shall be deposited in
the Federal Trust Fund. Any
federal reimbursements shall be
credited to the account from
which the expenditures were
originally made.
SEC. 142. Item 2660-302-0042 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2660-302-0042--For capital outlay,
Department of Transportation, non-State
Transportation Improvement Program
(STIP), payable from the State Highway
Account, State Transportation Fund....... 295,000,000
369,687,000
Schedule:
(1 20-Highway Transportation.. 1,520,000
) 1,594,687
) ,
000
(a) State
Highway
Operation
and
Protection (1,520,000,0
Program... (1,594,687,0
Program...
00)
(2 Reimbursements............. -1,225,00
) 0,000
Provisions:
1. These funds shall be available for
allocation by the California
Transportation Commission until June
30, 2011, and available for
encumbrance and liquidation until
June 30, 2015.
2. Notwithstanding any other provision
of law, funds appropriated in this
item may be transferred to Item
2660-101-0042, 2660-102-0042, 2660-
301-0042, or 2660-311-0042. These
transfers shall require the prior
approval of the Department of
Finance.
4. No funds appropriated in this item
are available for expenditure on
specialty building facilities. For
the purpose of this item, specialty
building facilities are equipment
facilities, maintenance facilities,
material laboratories, and traffic
management centers.
SEC. 143. Item 2660-302-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2660-302-0890--For capital outlay,
Department of Transportation, non-State
Transportation Improvement Program
(STIP), payable from the Federal Trust
Fund..................................... 1,388,039,000
1,209,652,000
Schedule:
(1 20-Highway Transportation.. 1,388,039
) 1,209,652
) ,
000
(a) State
Highway
Operation
and
Protection (1,388,039,0
Program... (1,209,652,0
Program...
00)
Provisions:
1. Notwithstanding any other provision
of law, amounts scheduled in this
item may be transferred to Item 2660-
101-0890, 2660-102-0890, or 2660-301-
0890. These transfers shall require
the prior approval of the Department
of Finance. These funds shall be
available for allocation by the
California Transportation Commission
until June 30, 2011, and available
for encumbrance and liquidation
until June 30, 2015.
2. For purposes of the Streets and
Highways Code, all expenditures from
this item shall be deemed to be
expenditures from the State Highway
Account, State Transportation Fund.
3. Federal funds may be received from
any federal source and shall be
deposited in the Federal Trust Fund.
Any federal reimbursements shall be
credited to the account from which
the expenditures were originally
made.
4. No funds appropriated in this item
are available for expenditure on
specialty building facilities. For
the purpose of this item, specialty
building facilities are equipment
facilities, maintenance facilities,
material laboratories, and traffic
management centers.
SEC. 144. Item 2660-303-0042 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2660-303-0042--For capital outlay, Department
of Transportation, specialty building
facilities, payable from the State Highway
Account, State Transportation Fund............ 56,000,000
48,500,000
Schedule:
(1) 20-Highway
Transportation......... 56,000,000
48,500,000
Provisions:
1. For the purpose of this item,
specialty building facilities are
equipment facilities, maintenance
facilities, material laboratories,
and traffic management centers.
Ancillary equipment associated with
the management of transportation
systems such as loop detectors,
closed-circuit television cameras,
and transportation management
systems field elements are not
deemed specialty building
facilities and are not funded from
this item.
SEC. 145. Item 2660-491 of Section 2.00 of the
Budget Act of 2009 is amended to read:
2660-491--Reappropriation, Department of
Transportation. Notwithstanding any other provision of
law, the unliquidated encumbrances for the
appropriations provided in the following citations are
reappropriated until June 30, 2010. The unencumbered
balance shall not be available for encumbrance.
0042-- State Highway Account
(0.3) Item 2660-301-0042, Budget Act of 1999
(Ch. 50, Stats. 1999)
(0.5) Item 2660-301-0042, Budget Act of 2000
(Ch. 52, Stats. 2000)
(1) Item 2660-301-0042, Budget Act of 2002
(Ch. 379, Stats. 2002)
(1.5) Item 2660-301-0042, Budget Act of 2003
(Ch. 157, Stats. 2003)
(2) Item 2660-302-0042, Budget Act of 2002
(Ch. 379, Stats. 2002)
(3) Item 2660-302-0042, Budget Act of 2003
(Ch. 157, Stats. 2003)
0046-- Public Transportation Account
(1) Item 2660-301-0046, Budget Act of 2001
(Ch. 106, Stats. 2001)
0890-- Federal Trust Fund
(1) Item 2660-301-0890, Budget Act of 1999
(Ch. 50, Stats. 1999)
(2) Item 2660-301-0890, Budget Act of 2000
(Ch. 52, Stats. 2000)
(3) Item 2660-301-0890, Budget Act of 2001
(Ch. 106, Stats. 2001)
SEC. 146. Item 2665-004-6043 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2665-004-6043--For support of High-Speed
Rail Authority, payable in accordance with
and from the proceeds of the Safe, Reliable
High-Speed Train Bond Act for the 21st
Century, payable from the High-Speed
Passenger Train Bond Fund................... 139,180,00
Passenger Train Bond Fund................... 1,795,00
0
Provisions:
1. The High-Speed Rail Authority
is required to post in the
2009-10 fiscal year and
annually thereafter its budget
on their Internet Web site in
order to insure public access
and transparency.
2. Of the funds appropriated in
this item, $139,180,000 is
appropriated to the High-Speed
Rail Authority for the
following purposes: project-
level design and environmental
review, program management
services, financial planning,
and public-private partnership
program. As part of the
project-level design and
environmental review
activities, the authority
shall analyze alternative
alignments to that identified
as the preferred alignment in
the certified program
Environmental Impact Report
(EIR) for the San Francisco-
San Jose corridor.
3. Of the funds appropriated in
this item, $69,590,000 shall
be available for expenditure
only after January 1, 2010,
after the submittal of a
revised business plan to, and
a 30-day review by, the Joint
Legislative Budget Committee
that, among other things,
addresses, at a minimum: (a) a
plan for a community outreach
component to cities, towns,
and neighborhoods affected by
this project, (b) further
system details, such as route
selection and alternative
alignment considerations, (c)
a thorough discussion
describing the steps being
pursued to secure financing,
(d) a working timeline with
specific, achievable
milestones, and (e) what
strategies the authority would
pursue to mitigate different
risks and threats. The
authority shall submit the
revised business plan to the
Joint Legislative Budget
Committee no later than
December 15, 2009.
The revised business plan
shall also provide additional
information related to
funding, project development
schedule, proposed levels of
service, ridership, capacity,
operational plans, cost,
private investment strategies,
staffing, and a history of
expenditures and
accomplishments to date. In
developing this revised
business plan, the authority
shall work in consultation
with the appropriate
legislative policy committees
and the Legislative Analyst's
Office to respond to specific
aspects in the plan.
4. Notwithstanding any other
provision of law, funds
appropriated in this item from
the High-Speed Passenger Train
Bond Fund, to the extent
permissible under federal law,
may be reduced and replaced by
an equivalent amount of
federal funds determined by
the High-Speed Rail Authority
to be available and necessary
to comply with Section 8.50
and the most effective
management of state high-speed
rail 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.
SEC. 147. Item 2670-001-0290 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2670-001-0290--For support of Board of Pilot
Commissioners for the Bays of San Francisco,
San Pablo, and Suisun, payable from the
Board of Pilot Commissioners' Special Fund... 2,894,000
3,136,000
Schedule:
(1) 10.01-Support.............. 1,487,000
1,729,000
(2) 10.03-Training............. 1,407,000
Provisions:
1. The amount appropriated in this item
may include revenues derived from
the assessment of fines and
penalties imposed as specified in
Section 13332.18 of the Government
Code.
SEC. 148. Item 2720-001-0044 of Section 2.00 of
the Budget Act of 2009 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....................... 1,790,074,000
1,791,293,000
Schedule:
(1) 10-Traffic 1,741,069,00
Management..........
1,742,413,0 0
0
(2) 20-Regulation and
Inspection.......... 203,231,000
204,324,000
(3) 30-Vehicle
Ownership Security.. 45,812,000
45,847,000
(4) 40.01-
Administration...... 328,501,000
340,410,000
(5) 40.02-Distributed
Administration...... -327,880,000
-339,789,000
(6) Reimbursements...... -115,720,000
(7) Amount payable from
the State Highway
Account (Item 2720-
001-0042)........... -60,404,000
(8) Amount payable from
the Motor Carriers
Safety Improvement
Fund (Item 2720-001-
0293)............... -2,575,000
(9) Amount payable from
the California
Motorcyclist Safety
Fund (Item 2720-001-
0840)............... -1,409,000
-1,662,000
(10) Amount payable from
the Federal Trust
Fund (Item 2720-001-
0890)............... -18,222,000
-19,222,000
(11) Amount payable from
the Hazardous
Substance Account,
Special Deposit
Fund (Item 2720-001-
0942)............... -213,000
(12) Amount payable from
the Asset
Forfeiture Account,
Special Deposit
Fund (Item 2720-011-
0942)............... -2,116,000
Provisions:
1. On March 1, 2010, and each March
1 thereafter until the project
is fully implemented, the
Department of the California
Highway Patrol 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, $7,000,000 may be
directed to increase the
Department of the California
Highway Patrol's support for
police and sheriffs in antigang
activities.
SEC. 149. Item 2720-001-0840 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2720-001-0840--For support of Department
of the California Highway Patrol, for
payment to Item 2720-001-0044, payable
from the California Motorcyclist Safety
Fund...................................... 1,409,000
1,662,000
SEC. 150. Item 2720-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2720-001-0890--For support of Department
of the California Highway Patrol, for
payment to Item 2720-001-0044, payable
from the Federal Trust Fund............... 18,222,000
19,222,000
SEC. 151. Item 2720-301-0044 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2720-301-0044--For capital outlay,
Department of the California Highway Patrol,
payable from the Motor Vehicle Account,
State Transportation Fund.................... 3,617,000
6,334,000
Schedule:
(1) 50.04.004-California
Highway Patrol Enhanced
Radio System: Replace
Towers and Vaults-
-Preliminary plans ......... 3,617,000
and
working drawings........... 6,334,000
Provisions:
1. Notwithstanding any other provision
of law, funds appropriated in
Schedule (1) for working drawings
shall be available for expenditure
until June 30, 2011.
SEC. 152. Item 2740-001-0042 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2740-001-0042--For support of Department
of Motor Vehicles, for payment to Item
2740-001-0044, payable from the State
Highway Account, State Transportation
Fund...................................... 52,452,000
52,731,000
SEC. 153. Item 2740-001-0044 of Section 2.00 of the
Budget Act of 2009 is amended to read:
2740-001-0044--For support of Department
of Motor Vehicles, payable from the Motor
Vehicle Account, State Transportation
Fund...................................... 522,929,000
832,386,000
Schedule:
(1) 11-Vehicle/Vessel
Identification and
Compliance.......... 528,507,000
531,686,000
(2) 22-Driver Licensing
and Personal
Identification...... 242,663,000
250,563,000
(3) 25-Driver Safety.... 118,306,000
118,930,000
(4) 32-Occupational
Licensing and
Investigative
Services............ 48,328,000
48,586,000
(5) 35-New Motor
Vehicle Board....... 2,076,000
(6) 41.01-
Administration...... 105,478,000
106,674,000
(7) 41.02-Distributed
Administration...... -105,478,000
-106,674,000
(8) Reimbursements...... -14,514,000
(9) Amount payable from
the State Highway
Account, State
Transportation Fund
(Item 2740-001-
0042)............... -52,452,000
-52,731,000
(10) Amount payable from
the New Motor
Vehicle Board
Account (Item 2740-
001-0054)........... -2,076,000
(11) Amount payable from
the Harbors and
Watercraft
Revolving Fund
(Item 2740-001-
0516)............... -4,405,000
(12) Amount payable from
the Federal Trust
Fund (Item 2740-001-
0890)............... -2,435,000
(13) Amount payable from
the Motor Vehicle
License Fee
Account,
Transportation Tax
Fund (Item 2740-001-
0064)............... -341,069,000
0064)............... -43,024,000
(14) Amount payable from
the State Park
Access Fund......... -270,000
Provisions:
1. No later than December 31 of
each year up to and including
2014, the Department of Motor
Vehicles shall report to the
Joint Legislative Budget
Committee and the policy
committees on transportation of
both houses of the Legislature
on all of the following
concerning the Information
Technology Modernization
project: (a) planned milestone
completion dates versus actual
milestone completion dates, (b)
planned expenditures by phase
versus actual expenditures by
phase, and (c) description of
adherence to scope and reasons
for any changes.
2. Of the funds appropriated in
this item, $6,591,000 is
appropriated to the Department
of Motor Vehicles so that it may
implement a new Driver's
License/Identification/Salesperso
n card contract. No funding is
included in the department's
budget to purchase, install, or
use the biometric technology of
facial-recognition software. For
the purpose of this provision,
""facial-recognition software''
means computer technology that
would allow the automated
matching of a digital image or
photo of an individual against a
database of digital images or
photos of that individual or
other individuals. Any purchase
or use, in the 2009-10 fiscal
year and thereafter, of facial-
recognition software shall be
permitted only upon enactment of
subsequent legislation that
authorizes such technology and
the use of such technology.
SEC. 154. Item 2740-001-0064 of Section 2.00 of
the Budget Act of 2009 is amended to read:
2740-001-0064--For support of Department
of Motor Vehicles, for payment to Item
2740-001-0044, payable from the Motor
Vehicle License Fee Account, 341,069,00
Transportation Tax Fund................... 0
43,024,000
SEC. 155. Item 2740-001-3154 is added to Section
2.00 of the Budget Act of 2009, to read:
2740-001-3154--For support of Department
of Motor Vehicles, for payment to Item
2740-001-0044, payable from the State
Park Access Fund.......................... 270,000
SEC. 156. Item 2740-011-0044 is added to Section 2.00
of the Budget Act of 2009, to read:
2740-011-0044--For transfer by the
Controller, upon order of the Director of
Finance, from the Motor Vehicle Account,
State Transportation Fund, to the General
Fund....................................... (70,000,000)
Provisions:
1. The funds transferred in this
item are moneys from revenues
that are not protected by
Article XIX of the California
Constitution.
SEC. 157. Item 2740-491 is added to Section 2.00 of the
Budget Act of 2009, to read:
2740-491--Extension of liquidation period,
Department of Motor Vehicles. Notwithstanding
any other provision of law, funds appropriated
in the following citations shall be made
available for liquidation of encumbrances
until June 30, 2010:
(1) Up to $8,500,000 appropriated in
Schedule (2) of Item 2740-001-0044,
Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006), is reappropriated only
for the purpose of completing the Web
site Infrastructure Project and shall
be available for expenditure until
June 30, 2010. Any of the funds not
used for these purposes shall revert
to the Motor Vehicle Account.
SEC. 158. Item 3125-490 is added to Section 2.00 of the
Budget Act of 2009, to read:
3125-490--Reappropriation, California Tahoe
Conservancy. Notwithstanding any other
provision of law, the period to liquidate
encumbrances of the following citations is
extended until June 30, 2011:
0005--Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection
Bond Fund
(1) Item 3125-101-0005, Budget Act of
2003 (Ch. 157, Stats. 2003), as
reappropriated by Item 3125-490,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008)
(1) 10-Tahoe Conservancy
(2) Reimbursements
6029--California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal
Protection Fund
(1) Item 3125-101-6029, Budget Act of
2003 (Ch. 157, Stats. 2003), as
reappropriated by Item 3125-490,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008)
(1) 10-Tahoe Conservancy
(2) Item 3125-101-6029, Budget Act of
2004 (Ch. 208, Stats. 2004)
(1) 10-Tahoe Conservancy
(3) Item 3125-101-6029, Budget Act of
2005 (Chs. 38 and 39, Stats. 2005)
(1) 10-Tahoe Conservancy
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) Item 3125-101-6031, Budget Act of
2004 (Ch. 208, Stats. 2004)
(1) 10-Tahoe Conservancy
(2) Item 3125-101-6031, Budget Act of
2005 (Chs. 38 and 39, Stats. 2005)
(1) 10-Tahoe Conservancy
SEC. 159. Item 3125-491 is added to Section 2.00 of the
Budget Act of 2009, to read:
3125-491--Reappropriation, California Tahoe
Conservancy. Notwithstanding any other
provision of law, the period to liquidate
encumbrances of the following citations is
extended until June 30, 2011:
0005--Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection
Bond Fund
(1) Item 3125-301-0005, Budget Act of
2003 (Ch. 157, Stats. 2003), as
reappropriated by Item 3125-491,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008)
(1) 50.30.002-Land acquisition and
site improvements--Public access
and recreation
(2) 50.30.003-Acquisition,
restoration, and enhancement of
habitat
(3) 50.30.004-Land acquisition and
site improvements--Stream
environment zones and watershed
restorations
(4) 50.30.005-Land acquisition
6029--California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal
Protection Fund
(1) Item 3125-301-6029, Budget Act of
2004 (Ch. 208, Stats. 2004)
(1) 50.30.002-For land acquisition
and site improvements for public
access and recreation
(2) 50.30.003-For land acquisition
and site improvements for
wildlife enhancement
(3) 50.30.004-For land acquisition
and site improvements for stream
environment zones and watershed
restorations
(4) 50.30.005-For land acquisitions
(5) Reimbursements
(2) Item 3125-301-6029, Budget Act of
2005 (Chs. 38 and 39, Stats. 2005
(1) 50.30.002-For land acquisition
and site improvements for public
access and recreation
(2) 50.30.003-For land acquisition
and site improvements for
wildlife enhancement
(3) 50.30.004-For land acquisition
and site improvements for stream
environment zones and watershed
restorations
(4) 50.30.005-For land acquisitions
(5) Reimbursements
SEC. 160. Item 3340-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3340-001-0001--For support of California Conservation 3
Corps................................................. 4
,
1
8
4
,
0
0
0
Schedule:
(1) 10-Training and Work
Program................... 64,238,000
71,538,000
(2) 20.01-Administration...... 7,902,000
(3) 20.02-Distributed
Administration............ -7,902,000
(3.2) Reimbursements............
-34,184,000
(3.5) Amount payable from the
California Environmental
License Plate Fund (Item
3340-001-0140)............ -300,000
(4) Amount payable from the
Collins-Dugan California
Conservation Corps
Reimbursement Account
(Item 3340-001-0318)...... -25,585,000
(5) Amount payable from the
Safe Drinking Water,
Water Quality and Supply,
Flood Control, River and
Coastal Protection Fund
of 2006 (Item 3340-001-
6051)..................... -
4 11
,469,000
Provisions:
1. Of the funds appropriated in this item,
$2,725,000 shall be available for use by
the California Conservation Corps to
respond to natural disasters and other
emergencies, including the fighting of
forest fires. The Director of Finance
may adjust this amount to the extent
indicated by corrections identified by
the director in the reports of the past
expenditures of the California
Conservation Corps upon which the
amounts appropriated by this item are
based. The Director of Finance shall
notify the Chairperson of the Joint
Legislative Budget Committee at least 30
days prior to making that adjustment.
2. To the extent that funds in excess of
the amount identified in Provision 1 are
necessary in order for the California
Conservation Corps to respond to one or
more emergencies declared by the
Governor, the Department of Finance
shall transfer, from the funds available
pursuant to Section 8690.6 of the
Government Code, an amount not to exceed
$1,500,000 as necessary to fund that
response. If, after the Department of
Finance has transferred funds pursuant
to this provision, the California
Conservation Corps receives
reimbursements or other amounts in
payment of its costs of response to one
or more declared emergencies, those
amounts shall be deposited in the
General Fund.
SEC. 161. Item 3340-001-0140 is added to Section
2.00 of the Budget Act of 2009, to read:
3340-001-0140--For support of the
California Conservation Corps, for
payment to Item 3340-001-0001, payable
from the California Environmental License
Plate Fund................................ 300,000
SEC. 162. Item 3340-001-0318 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3340-001-0318--For support of California
Conservation Corps, for payment to Item 3340-
001-0001, payable from the Collins-Dugan
California Conservation Corps Reimbursement 25,585,00
Account...................................... 0
Provisions:
1. Notwithstanding Section 14316
of the Public Resources Code,
the Department of Finance may
make a loan from the General
Fund to the Collins-Dugan
California Conservation
Corps Reimbursement Account for
the purposes of this item, in
the amount of 25 percent of the
reimbursements anticipated in
the Collins-Dugan California
Conservation Corps
Reimbursement Account to be
received by the California
Conservation Corps from each
client agency, not to exceed an
aggregate total of $5,963,000
to meet cashflow needs due to
delays in collecting
reimbursements. Any loan made
by the Department of Finance
pursuant to this provision
shall only be made if the
California Conservation Corps
has a valid contract or
certification signed by the
client agency, which
demonstrates that sufficient
funds will be available to
repay the loan. All moneys so
transferred shall be repaid to
the General Fund as soon as
possible, but not later than
one year from the date of the
loan. On and after a date of 90
days after the end of that
year, the Department of Finance
shall charge interest to the
California Conservation Corps,
at the rate earned in the
Pooled Money Investment
Account, on any portion of
the loan that has not been
repaid.
2. Notwithstanding Section s 28. 5
0 0 ,
and 28.50, the Department of
Finance may
Finance may augment this item to
reflect
to reflect increases in
increases in reimbursements in
the Collins-
the Collins- Dugan California
Conservation
Conservation Corps
Corps Reimbursement Account
received
received from another officer,
department, division, bureau,
or other agency of the state .
or
from a local government, the
federal government, or
nonprofit organizations that
has requested emergency
services from the California
Conservation Corps after it has
notified the Legislature
through a letter to the Joint
Legislative Budget Committee.
Any augmentation that is deemed
to be necessary on a permanent
basis shall be submitted for
review as a part of the regular
budget process.
SEC. 163. Item 3340-001-6051 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3340-001-6051--For support of California
Conservation Corps, for payment to Item 3340-
001-0001, payable from the Safe Drinking
Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Fund
of 2006...................................... 4
11 ,469,00 0
0
Provisions:
1. The use of these funds shall
include, but is not limited to,
outreach education for, and
workforce training of,
California's foster care youth.
SEC. 164. Item 3340-101-6051 is added to Section
2.00 of the Budget Act of 2009, to read:
3340-101-6051--For local assistance,
California Conservation Corps, payable from
the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal
Protection Fund of 2006........................ 6,700,000
Provisions:
1. The use of these funds shall include,
but is not limited to, outreach to,
education for, and workforce training
of California's foster care youth.
SEC. 165. Item 3340-490 is added to Section 2.00 of the
Budget Act of 2009, to read:
3340-490--Reappropriation, California
Conservation Corps. The balances of the
appropriations provided for in the following
citations are reappropriated for the purposes
and subject to the limitations, unless
otherwise specified, provided for in those
appropriations:
6051--Safe Drinking Water, Water Quality
and Supply, Flood Control, River and
Coastal Protection Fund of 2006
(1) Item 3340-101-6051, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), for
local assistance grants to local
conservation corps
SEC. 166. Item 3340-491 is added to Section 2.00 of the
Budget Act of 2009, to read:
3340-491--Reappropriation, California
Conservation Corps. The balances of the
appropriations provided for in the following
citations are reappropriated for the purposes
and subject to the limitations, unless
otherwise specified, provided for in the
appropriations:
0660--Public Buildings Construction Fund
(1) Item 3340-301-0660, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006)
(1) 20.10.170-Tahoe Base Center
Relocation--Working drawings and
construction
SEC. 167. Item 3360-001-0381 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3360-001-0381--For support of Energy
Resources Conservation and Development
Commission, for payment to Item 3360-001-
0465, payable from the Public Interest
Research, Development, and Demonstration
Fund....................................... 73,549,000
74,252,000
Provisions:
1. Notwithstanding subdivision
(a) of Section 1.80, funds
appropriated in this item
shall be available for
expenditure during the 2009-10
and 2010-11 fiscal years.
2. Notwithstanding Section
16304.1 of the Government
Code, funds appropriated in
this item shall be available
for liquidation of
encumbrances until June 30,
2015.
3. Notwithstanding any other
provision of law other than
the provisions of this item,
funds appropriated in this
item may be used by the State
Energy Resources Conservation
and Development Commission to
provide grants, loans, or
repayable research contracts.
The commission may use a high-
point scoring method in lieu
of lowest cost when evaluating
proposals. The commission
shall determine repayment
terms.
SEC. 168. Item 3360-001-0465 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3360-001-0465--For support of Energy
Resources Conservation and Development
Commission, payable from the Energy
Resources Programs Account................. 64,184,000
Schedule:
(1) 10-Regulatory and
Planning............ 32,444,000
(2) 20-Energy Resources
Conservation........ 26,200,000
188,847,000
(3) 30-Development...... 244,435,000
245,138,000
(4) 40.01-Policy,
Management, and
Administration...... 21,582,000
22,550,986
(5) 40.02-Distributed
Policy, Management,
and Administration.. -21,582,000
-22,550,986
(6) Reimbursements...... -5,820,000
(7) Amount payable from
the Motor Vehicle
Account, State
Transportation
Fund (Item 3360-001-
0044)............... -139,000
(8) Amount payable from
the Public Interest
Research,
Development, and
Demonstration Fund
(Item 3360-001-
0381)............... -73,549,000
-74,252,000
(9) Amount payable from
the Renewable
Resource Trust Fund
(Item 3360-001-
0382)............... -8,274,000
(10) Amount payable from
the Energy
Technologies
Research
Development and
Demonstration
Account (Item 3360-
001-0479)........... -2,412,000
(11) Amount payable from
the Local
Government
Geothermal
Resources Revolving
Subaccount,
Geothermal
Resources
Development Account
(Item 3360-001-
0497)............... -305,000
(12) Amount payable from
the Federal Trust
Fund (Item 3360-001-
0890)............... -19,628,000
-182,275,000
(13) Amount payable from
the Energy Facility
License and
Compliance Fund
(Item 3360-001-
3062)............... -2,510,000
(14) Amount payable from
Natural Gas
Subaccount, Public
Interest Research,
Development , and
Demonstration Fund
(Item 3360-001-
3109)............... -24,000,000
(15) Amount payable from
Alternative and
Renewable Fuel and
Vehicle Technology
Fund (Item 3360-001-
3117)............... -102,258,000
Provisions:
1. Notwithstanding Section 16304.1
of the Government Code, funds
appropriated in this item for
the Energy Technology Export
Program shall be available for
liquidation of encumbrances
until June 30, 2013.
SEC. 169. Item 3360-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3360-001-0890--For support of Energy
Resources Conservation and Development
Commission, for payment to Item 3360-001-
0465, payable from the Federal Trust Fund. 19,628,000
182,275,000
SEC. 170. Item 3360-001-3117 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3360-001-3117--For support of Energy
Resources Conservation and Development
Commission, for payment to Item 3360-001-
0465, payable from the Alternative and
Renewable Fuel and Vehicle Technology Fund. 102,258,000
Provisions:
1. Notwithstanding subdivision
(a) of Section 1.80, funds
appropriated in this item
shall be available for
expenditure during the 2009-10
and 2010-11 fiscal years.
2. The State Energy Resources
Conservation and Development
Commission shall not make any
expenditures from this
appropriation for hydrogen
refueling stations in the 2009-
10 fiscal year.
SEC. 171. Item 3480-001-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3480-001-0001--For support of Department
of Conservation............................ 4,838,000
14,838,000
Schedule:
(1) 10-Geologic Hazards
and Mineral
Resources
Conservation........ 25,494,000
(2) 20-Oil, Gas, and
Geothermal
Resources........... 25,530,000
35,569,000
(3) 30-Land Resource
Protection.......... 6,745,000
5,863,000
(4) 40.01-
Administration...... 13,771,000
13,903,000
(5) 40.02-Distributed
Administration...... -13,771,000
-13,903,000
(6) 50-Beverage
Container Recycling
and Litter
Reduction Program... 51,066,000
51,146,000
(7) 60-Office of Mine
Reclamation......... 6,782,000
6,795,000
(8) Reimbursements...... -9,417,000
(10) Amount payable from
the Surface Mining
and Reclamation
Account (Item 3480-
001-0035)........... -2,118,000
(11) Amount payable from
the State Highway
Account, State
Transportation Fund
(Item 3480-001-
0042)............... -12,000
(12) Amount payable from
the California
Beverage Container
Recycling Fund
(Item 3480-001-
0133)............... -50,966,000
-51,046,000
(13) Amount payable from
the Soil
Conservation Fund
(Item 3480-001-
0141)............... -3,918,000
-2,536,000
(14) Amount payable from
the Hazardous
and Idle-Deserted
Well Abatement Fund
(Section 3206 of
the Public
Resources Code)..... -100,000
(15) Amount payable from
the Mine
Reclamation Account
(Item 3480-001-
0336)............... -3,937,000
-3,950,000
(16) Amount payable from
the Strong Motion
Instrumentation and
Seismic Hazards
Mapping Fund (Item
3480-001-0338)...... -10,104,000
(16.5) Amount payable from
the California
Farmland
Conservancy Program
Fund (Item 3480-001-
0867)............... -500,000
(17) Amount payable from
the Federal Trust
Fund (Item 3480-001-
0890)............... -1,394,000
(18) Amount payable from
the Bosco Keene
Renewable Resources
Investment Fund
(Item 3480-001-
0940)............... -1,235,000
(18.5) Amount payable from
the Acute Orphan
Well Account, Oil,
Gas, and Geothermal
Administrative Fund
(Item 3480-001-
3102)............... -978,000
(19) Amount payable from
the Abandoned Mine
Reclamation and
Minerals Fund
Subaccount, Mine
Reclamation Account
(Item 3480-001-
3025)............... -549,000
(20) Amount payable from
the Oil, Gas, and
Geothermal
Administrative Fund
(Item 3480-001-
3046)............... -23,324,000
-23,363,000
(21) Amount payable from
the Agriculture and
Open Space Mapping
Subaccount (Item
3480-001-6004)...... -435,000
(22) Amount payable from
the California
Clean Water, Clean
Air, Safe
Neighborhood Parks,
and Coastal
Protection Fund of
2002 (Item 3480-001-
6029)............... -550,000
(23) Amount payable from
the Water Security,
Clean Drinking
Water, Coastal and
Beach Protection
Fund of 2002 (Item
3480-001-6031)...... -1,477,000
(24) Amount payable from
the Safe Drinking
Water, Water
Quality and Supply,
Flood Control,
River and Coastal
Protection Fund of
2006 (Item 3480-001-
6051)............... -265,000
Provisions:
1. Notwithstanding any other
provision of law, upon approval
and order of the Department of
Finance, the Department of
Conservation may borrow
sufficient funds, from special
funds that otherwise provide
support for the department, to
meet cashflow needs due to
delays in collecting
reimbursements. Any loan made
by the Department of Finance
pursuant to this provision may
be made only if the Department
of Conservation has a valid
contract or certification
signed by the client agency,
which demonstrates that
sufficient funds will be
available to repay the loan.
All moneys so transferred shall
be repaid to the special fund
as soon as possible, but not
later than one year from the
date of the loan.
SEC. 172. Item 3480-001-0133 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3480-001-0133--For support of Department
of Conservation, for payment to Item 3480-
001-0001, payable from the California
Beverage Container Recycling Fund......... 50,966,000
51,046,000
SEC. 173. Item 3480-001-0141 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3480-001-0141--For support of Department of
Conservation, for payment to Item 3480-001-
0001, payable from the Soil Conservation
Fund........................................ 3,918,000
2,536,000
Provisions:
1. Of the funds appropriated in this
item, $910,000 is available for the
Department of Conservation to
provide technical assistance to
local jurisdictions that have a
history of noncompliance with
Williamson Act policy development,
assist compliance with state law
and contract terms as they relate
to state law, and provide
procedural guidance programs, in
order to maintain consistent
Williamson Act implementation
statewide.
SEC. 174. Item 3480-001-0336 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3480-001-0336--For support of Department
of Conservation, for payment to Item 3480-
001-0001, payable from the Mine
Reclamation Account....................... 3,937,000
3,950,000
SEC. 175. Item 3480-001-0867 is added to Section
2.00 of the Budget Act of 2009, to read:
3480-001-0867--For support of Department
of Conservation, for payment to Item 3480-
001-0001, payable from the California
Farmland Conservancy Program Fund ........ 500,000
SEC. 176. Item 3480-001-3046 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3480-001-3046--For support of Department
of Conservation, for payment to Item 3480-
001-0001, payable from the Oil, Gas, and
Geothermal Administrative Fund............ 23,324,000
23,363,000
SEC. 177. Item 3480-101-0005 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3480-101-0005--For local assistance,
Department of Conservation, payable from
the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund. 2,500,000
2,489,000
Provisions:
1. The fund appropriated in this item
shall be available for expenditure
until June 30, 2012.
SEC. 178. Item 3480-101-0867 of Section 2.00 of
the Budget Act of 2009 is repealed.
3480-101-0867--For local assistance,
Department of Conservation, payable from
the California Farmland Conservancy Program
Fund........................................ 1,000,000
Provisions:
1. The fund appropriated in this item
shall be available for expenditure
until June 30, 2012.
SEC. 179. Item 3540-001-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3540-001-0001--For support of Department
of Forestry and Fire Protection............ 564,829,000
412,921,000
Schedule:
(1) 10-Office of the
State Fire Marshal... 20,828,000
21,113,000
(2) 11-Fire Protection... 1,005,433,0
997,700,0 00
(3) 12-Resource
Management........... 54,716,000
57,969,000
(4) 13-Board of Forestry
and Fire Protection.. 449,000
(5) 20.01-Administration. 79,115,000
84,115,000
(6) 20.02-Distributed
Administration....... -78,473,000
-83,473,000
(7) Reimbursements....... -260,673,00
-288,246,00
0
(8) Less funding
provided by capital
outlay............... -24,774,000
(9) Amount payable from
the General Fund -189,000,00
(Item 3540-006-0001). 0
(10) Amount payable from
the State Emergency
Telephone Number
Account (Item 3540-
001-0022)............ -3,341,000
(11) Amount payable from
the Unified Program
Account (Item 3540-
001-0028)............ -345,000
(12) Amount payable from
the State Fire
Marshal Licensing
and Certification
Fund (Item 3540-001-
0102)................ -2,746,000
(13) Amount payable from
the California
Environmental
License Plate Fund
(Item 3540-001-0140). -452,000
-497,000
(14) Amount payable from
the California Fire
and Arson Training
Fund (Item 3540-001-
0198)................ -2,697,000
(15) Amount payable from
the Hazardous Liquid
Pipeline Safety Fund
(Item 3540-001-0209). -3,180,000
(16) Amount payable from
the Public Resources
Account, Cigarette
and Tobacco Products
Surtax Fund (Item
3540-001-0235)....... -413,000
-360,000
(17) Amount payable from
the Professional
Forester
Registration Fund
(Item 3540-001-0300). -216,000
(18) Amount payable from
the Federal Trust
Fund (Item 3540-001-
0890)................ -18,390,000
-21,651,000
(19) Amount payable from
the Forest Resources
Improvement Fund
(Item 3540-001-0928). -7,874,000
(20) Amount payable from
the Timber Tax Fund
(Item 3540-001-0965). -34,000
(21) Amount payable from
the Emergency
Response Fund (Item
3540-001-1014)....... -76,000,000
(21.2) Amount payable from
the State
Responsibility Area
Fire Protection Fund
(Item 3540-001-3063). -37,840,000
(21.4) Amount payable from
the Alternative and
Renewable Fuel and
Vehicle Technology
Fund (Item 3540-001-
3117)................ -2,762,000
(21.5) Amount payable from
the State Fire
Marshal Fireworks
Enforcement and
Disposal Fund (Item
3540-001-3120)....... -15,000
-300,000
(23) Amount payable from
the California Clean
Water, Clean Air,
Safe Neighborhood
Parks, and Coastal
Protection Fund
(Item 3540-001-6029). -1,253,000
(24) Amount payable from
the Water Security,
Clean Drinking
Water, Coastal and
Beach Protection
Fund of 2002 (Item
3540-001-6031)....... -355,000
(25) Amount payable from
the Safe Drinking
Water, Water Quality
and Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
3540-001-6051)....... -1,481,000
Provisions:
1. Notwithstanding any other
provision of law, the Department
of Finance may authorize the
temporary or permanent
redirection of funds from this
item for purposes of emergency
fire suppression and detection
costs and related emergency
refutation costs.
2. Notwithstanding any other
provision of law, the Director
of Finance may authorize a loan
from the General Fund, in an
amount not to exceed 35
percent of reimbursements
appropriated in this item, to
the Department of Forestry and
Fire Protection, provided that:
(a) The loan is to meet cash
needs resulting from the
delay in receipt of
reimbursements for
services provided.
(b) The loan is for a short
term and shall be repaid
by September 30 of the
fiscal year following
that in which the loan
was authorized.
(c) Interest charges may
be waived pursuant to
subdivision (e) of
Section 16314 of the
Government Code.
(d) The Director of Finance
may not approve the loan
unless the approval is
made in writing and
filed with the
Chairperson of the Joint
Legislative Budget
Committee and the
chairpersons of the
committees in each house
of the Legislature that
consider appropriations
not later than 30 days
prior to the effective
date of the approval, or
not sooner than whatever
lesser time that the
chairperson of the joint
committee, or his or her
designee, may determine.
3. The Director of Finance may
adjust amounts in Program 11 of
adjust amounts in Schedule (2)
t his item t o provide equivalent
Fire
Fire Protection base funding
changes
changes to Contract Counties in
accordance with Section 4130 of
accordance wi th e Public
Resources Code.
Code Section 4130.
SEC. 180. Item 3540-001-0140 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3540-001-0140--For support of Department
of Forestry and Fire Protection, for
payment to Item 3540-001-0001, payable
from the California Environmental License
Plate Fund................................ 452,000
497,000
SEC. 181. Item 3540-001-0235 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3540-001-0235--For support of Department
of Forestry and Fire Protection, for
payment to Item 3540-001-0001, payable
from the Public Resources Account,
Cigarette and Tobacco Products Surtax
Fund...................................... 413,000
360,000
SEC. 182. Item 3540-001-0890 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3540-001-0890--For support of Department
of Forestry and Fire Protection, for
payment to Item 3540-001-0001, payable
from the Federal Trust Fund............... 18,390,000
21,651,000
SEC. 183. Item 3540-001-1014 is added to Section
2.00 of the Budget Act of 2009, to read:
3540-001-1014--For support of Department
of Forestry and Fire Protection, for
payment to Item 3540-001-0001, payable
from the Emergency Response Fund.......... 76,000,000
SEC. 184. Item 3540-001-3063 is added to Section 2.00
of the Budget Act of 2009, to read:
3540-001-3063--For support of Department
of Forestry and Fire Protection, for
payment to Item 3540-001-0001, payable
from the State Responsibility Area Fire
Protection Fund........................... 37,840,000
SEC. 185. Item 3540-001-3117 is added to Section 2.00
of the Budget Act of 2009, to read:
3540-001-3117--For support of Department of
Forestry and Fire Protection, for payment to
Item 3540-001-0001, payable from the
Alternative and Renewable Fuel and Vehicle
Technology Fund................................ 2,762,000
Provisions:
1. Notwithstanding any other provision of
law, the Department of Forestry and
Fire Protection may use moneys in the
Alternative and Renewable Fuel and
Vehicle Technology Fund to comply with
regulations of the State Air Resources
Board.
SEC. 186. Item 3540-001-3120 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3540-001-3120--For support of Department
of Forestry and Fire Protection, for
payment to Item 3540-001-0001, payable
from the State Fire Marshal Fireworks
Enforcement and Disposal Fund............. 15,000
300,000
SEC. 187. Item 3540-301-0660 is added to Section
2.00 of the Budget Act of 2009, to read:
3540-301-0660--For capital outlay,
Department of Forestry and Fire
Protection, payable from the Public
Buildings Construction Fund............... 290,344,000
Schedule:
(1) 30.10.215-Parlin
Fork Conservation
Camp: Replace
Facility--
Preliminary plans,
working drawings,
and construction.... 53,544,000
(2) 30.10.245-Soquel
Fire Station:
Replace Facility--
Preliminary plans,
working drawings,
and construction.... 10,599,000
(3) 30.10.250-Felton
Fire Station/Unit
Headquarters:
Replace Facility--
Preliminary plans,
working drawings,
and construction.... 25,100,000
(4) 30.20.050-El Dorado
Fire Station,
Service Warehouse:
Replace Facility--
Preliminary plans,
working drawings,
and construction.... 26,375,000
(5) 30.20.120-Butte
Unit Fire
Station/Unit
Headquarters:
Replace Facility--
Preliminary plans,
working drawings,
and construction.... 30,692,000
(6) 30.30.025-Potrero
Fire Station:
Replace Facility--
Preliminary plans,
working drawings,
and construction.... 10,389,000
(7) 30.30.090-Cuesta
Conservation
Camp/San Luis
Obispo Unit Auto
Shop: Relocate
Facilities--
Preliminary plans,
working drawings,
and construction.... 70,238,000
(8) 30.30.095-Cayucos
Fire Station:
Replace Facility--
Preliminary plans,
working drawings,
and construction.... 9,678,000
(9) 30.40.165-Tuolumne-
Calaveras Service
Center,
Administrative,
Emergency Command
Center: Relocate
Facility--
Preliminary plans,
working drawings,
and construction.... 24,655,000
(10) 30.40.175-Parkfield
Fire Station:
Replace Facility--
Preliminary plans,
working drawings,
and construction.... 7,209,000
(11) 30.40.240-Gabilan
Conservation Camp:
Replace Base
Officers' Quarters,
Relocate Auto Shop,
Service Center--
Preliminary plans,
working drawings,
and construction.... 21,865,000
Provisions:
1. The State Public Works Board
may issue lease-revenue bonds,
notes, or bond anticipation
notes pursuant to Chapter 5
(commencing with Section 15830)
of Part 10b of Division 3 of
Title 2 of the Government Code
to finance the acquisition,
design, and construction of the
projects authorized by this
item.
2. Notwithstanding any other
provision of law, the funds
appropriated in this item shall
be available for expenditure
during the 2009-10 fiscal year,
except appropriations for
preliminary plans and working
drawings, which shall be
available for expenditure until
June 30, 2011, and
appropriations for
construction, which shall be
available for expenditure until
June 30, 2014. In addition, the
balance of funds appropriated
for construction that has not
been allocated, through fund
transfer or approval to bid, by
the Department of Finance on or
before June 30, 2012, shall
revert as of that date to the
fund from which the
appropriation was made.
3. The Department of Forestry and
Fire Protection and the State
Public Works Board are
authorized and directed to
execute and deliver any and all
leases, contracts, agreements,
or other documents necessary or
advisable to consummate the
sale of bonds or otherwise
effectuate the financing of the
scheduled projects.
4. The State Public Works Board
shall not be deemed a lead or
responsible agency for purposes
of the California Environmental
Quality Act (Division 13
(commencing with Section 21000)
of the Public Resources Code)
for any activities under the
State Building Construction Act
of 1955 (Part 10b (commencing
with Section 15800) of Division
3 of Title 2 of the Government
Code). This section does not
exempt the Department of
Forestry and Fire Protection
from the requirements of the
California Environmental
Quality Act. This section is
intended to be declarative of
existing law.
5. The funds appropriated in
Schedules (2), (6), (8), and
(10) include funding for
construction and
preconstruction activities,
including, but not limited to,
study, environmental documents,
preliminary plans, working
drawings, equipment, and other
costs relating to the design
and construction of forest fire
station facilities, that may be
performed by the Department of
Forestry and Fire Protection.
Not less than 20 days after
providing notice to the Joint
Legislative Budget Committee,
the Department of Finance may
modify which projects may be
managed by the Department of
Forestry and Fire Protection,
provided that those projects
are limited to the design and
construction of fire station
facilities or facilities with
substantially similar
components, which can be
managed by existing capital
outlay staff. While the
Department of Forestry and Fire
Protection may manage these
projects, the projects are
subject to review by the State
Public Works Board and require
authorization to proceed to bid
from the Department of Finance.
SEC. 188. Item 3540-490 is added to Section 2.00 of the
Budget Act of 2009, to read:
3540-490--Reappropriation, extension of
liquidation period, Department of Forestry and
Fire Protection. Notwithstanding any other
provision of law, funds appropriated in the
following citations shall be available for
liquidation of encumbrances until June 30,
2010:
0005--Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection
Bond Fund
(1) Item 3540-101-0005, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
6029--California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal
Protection Fund
(1) Item 3540-001-6029, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
(2) Item 3540-101-6029, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) Item 3540-001-6031, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
SEC. 189. Item 3540-493 is added to Section 2.00 of the
Budget Act of 2009, to read:
3540-493--Reappropriation, Department of Forestry and
Fire Protection. The balances of the appropriations
provided in the following citations are reappropriated
for the purposes and subject to the limitations,
unless otherwise specified, provided for in the
appropriation:
0660--Public Buildings Construction Fund
(1) Item 3540-301-0660, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 3540-492, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008)
(4) 30.30.165-Cuyamaca Forest
Fire Station: Relocate
Facility--Construction
(2) Item 3540-301-0660, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
reappropriated by Item 3540-491, Budget
Act of 2007 (Chs. 171 and 172, Stats.
2007), as reappropriated by Item 3540-
491, Budget Act of 2008 (Chs. 268 and
269, Stats. 2008)
(0.5) 30.10.005-Alma Helitack
Base: Replace Facility-
-Working drawings and
construction
(3.25) 30.30.020-San Luis Obispo
Ranger Unit Headquarters:
Replace Facility-
-Construction
(3.45) 30.30.115-Ventura Youth
Conservation Camp: Construct
Apparatus Buildings, Shop,
and Warehouse--Working
drawings and construction
(3.9) 30.40.145-Bautista
Conservation Camp: Replace
Modular Buildings--Working
Drawings and construction
(4) 30.60.045-Statewide:
Construct Forest Fire
Stations--Working drawings
and construction
(3) Item 3540-301-0660, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
reappropriated by Item 3540-491, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008)
(.1) 30.10.005-Alma Helitack
Base: Replace Facility-
-Preliminary plans, working
drawings, and construction
(1) 30.10.265-North Region
Forest Fire Station
Facilities--Working drawings
and construction
(2) 30.20.135-Intermountain
Conservation Camp: Replace
Facility--Preliminary plans,
working drawings, and
construction
(2.1) 30.30.020-San Luis Obispo
Ranger Unit Headquarters:
Replace Facility--Working
drawings and construction
(2.3) 30.30.075-Warner Springs
Forest Fire Station: Replace
Facility--Construction
(2.4) 30.30.115-Ventura Youth
Conservation Camp: Construct
Apparatus Building, Shop,
and Warehouse--Construction
(3) 30.30.160-South Operations
Area Headquarters: Relocate
Facility--Acquisition,
working drawings, and
construction
(3.5) 30.30.165-Cuyamaca Forest
Fire Station: Relocate
Facility--Construction
(4) 30.30.195-Miramonte
Conservation Camp: Replace
Facility--Working drawings
and construction
(5) 30.40.030-Academy: Construct
Dormitory Building and
Expand Mess hall-
-Preliminary plans, working
drawings, and construction
(5.4) 30.40.145-Bautista
Conservation Camp: Replace
Modular Buildings-
-Construction
(6) 30.40.170-Badger Forest Fire
Station: Replace Facility-
-Preliminary plans, working
drawings, and construction
(4) Item 3540-301-0660, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
reappropriated by Item 3540-491, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008)
(1) 30.10.195-Las Posadas Forest
Fire Station: Replace
Facility--Preliminary plans,
working drawings, and
construction
(2) 30.20.001-Fawn Lodge Forest
Fire Station: Replace
Facility and Install New
Well--Preliminary plans,
working drawings, and
construction
(3) 30.20.006-Red Bluff Forest
Fire Station / Unit
Headquarters: Replace Forest
Fire Station and Various
Unit Headquarters Buildings-
-Preliminary plans, working
drawings, and construction
(4) 30.20.008-Westwood Forest
Fire Station: Replace
Facility--Preliminary plans,
working drawings, and
construction
(5) 30.30.200-Paso Robles Forest
Fire Station: Replace
Facility--Preliminary plans,
working drawings, and
construction
(6) 30.20.230-Bieber Forest Fire
Station / Helitack Base:
Relocate Facility-
-Acquisition, preliminary
plans, working drawings, and
construction (appears
duplicative of below)
(7) 30.20.245-Ishi Conservation
Camp: Replace Facility-
-Preliminary plans, working
drawings, and construction
(7.6) 30.30.115-Ventura Youth
Conservation Camp: Construct
Vehicle Apparatus Building,
Shop, Warehouse--Working
drawings and construction
(7.7) 30.30.160-South Operations
Area Headquarters: Relocate
Facility--Acquisition,
working drawings, and
construction
(8) 30.40.007-Growlersburg
Conservation Camp: Replace
Facility--Preliminary plans,
working drawings,
construction
(10) 30.40.145-Bautista
Conservation Camp: Replace
Modular Buildings-
-Construction
(5) Item 3540-301-0660, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(1) 30.10.170-Santa Clara Unit
Headquarters: Replace
Facility--Preliminary plans,
working drawings, and
construction
(2) 30.10.210-San Mateo/Santa
Cruz Unit Headquarters:
Relocate Automotive Shop-
-Preliminary plans, working
drawings, and construction
(2.5) 30.10.265-North Region
Forest Fire Station
Facilities--Construction
(3) 30.20.007-Vina Helitack
Base: Replace Facility-
-Preliminary plans, working
drawings, and construction
(4) 30.20.015-Garden Valley
Forest Fire Station: Replace
Facility--Preliminary plans,
working drawings, and
construction
(4.5) 30.20.135-Intermountain
Conservation Camp: Replace
Facility--Preliminary plans,
working drawings, and
construction
(5) 30.20.205-Higgins Corner
Forest Fire Station: Replace
Facility--Acquisition,
preliminary plans, working
drawings, and construction
(6) 30.20.240-Siskiyou Unit
Headquarters: Replace
Facility--Preliminary plans
,working drawings, and
construction
(8) 30.30.160-South Operations
Area Headquarters: Relocate
Facility--Acquisition,
working drawings, and
construction
(9) 30.30.195-Miramonte
Conservation Camp: Replace
Facility--Construction
(10) 30.40.185-Madera-Mariposa-
Merced Unit Headquarters:
Replace Facility-
-Preliminary plans, working
drawings, and construction
(11) 30.40.225-Altaville Forest
Fire Station: Replace
Automotive Shop--Working
drawings and construction
Provisions:
1. Notwithstanding Section 1.80, the funds
reappropriated in this item shall be
available for expenditure during the
2009-10 and 2010-11 fiscal years,
except appropriations for acquisitions
which shall be available for
expenditure until June 30, 2012, and
appropriations for construction which
shall be available for expenditure
until June 30, 2014. In addition, the
balance of funds appropriated for
construction that have not been
allocated, through fund transfer or
approval to bid, by the Department of
Finance on or before June 30, 2012,
shall revert as of that date to the
fund from which the appropriation was
made.
SEC. 190. Item 3600-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3600-001-0001--For support of Department of
Fish and Game............................... 74,831,000
40,431,000
Schedule:
(1) 20-Biodiversity
Conservation
Program............. 162,715,000
146,170,000
(2) 25-Hunting,
Fishing, and Public
Use................. 73,124,000
76,597,000
(3) 30-Management of
Department Lands
and Facilities...... 51,119,000
59,664,000
(4) 40-Enforcement...... 68,096,000
67,119,000
(4.5) 45-Communication,
Education, and
Outreach............ 4,771,000
4,630,000
(5) 50-Spill Prevention
and Response........ 33,584,000
36,276,000
(5.5) 61-Fish and Game
Commission.......... 1,380,000
(6) 70.01-
Administration...... 43,606,000
44,713,000
(7) 70.02-Distributed
Administration...... -43,606,000
-44,713,000
(8) Reimbursements...... -44,290,000
-57,286,000
(9) Amount payable from
the Safe
Neighborhood Parks,
Clean Water, Clean
Air, and Coastal
Protection Bond
Fund (Item 3600-001-
0005)............... -1,042,000
-500,000
(10) Amount payable from
the California
Environmental
License Plate Fund
(Item 3600-001-
0140)............... -14,747,000
(11) Amount payable from
the Fish and Game
Preservation Fund
(Item 3600-001-
0200)............... -98,880,000
-129,621,000
(12) Amount payable from
the Fish and
Wildlife Pollution
Account (Item 3600-
001-0207)........... -2,732,000
(13) Amount payable from
the California
Waterfowl Habitat
Preservation
Account, Fish and
Game Preservation
Fund (Item 3600-001-
0211)............... -241,000
(14) Amount payable
from the Marine
Invasive Species
Control Fund (Item
3600-001-0212)...... -1,322,000
(15) Amount payable from
the Public
Resources Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
3600-001-0235)...... -2,467,000
-2,105,000
(16) Amount payable from
the Oil Spill
Prevention and
Administration Fund
(Item 3600-001-
0320)............... -24,675,000
-25,555,000
(17) Amount payable from
the Environmental
Enhancement Fund
(Item 3600-001-
0322)............... -348,000
(18) Amount payable from
the Central Valley
Project Improvement
Subaccount (Item
3600-001-0404)...... -58,000
0
(18.5) Amount payable from
the Harbors and
Watercraft
Revolving Fund
(Item 3600-001-
0516)............... -2,176,000
(19) Amount payable from
the Federal Trust
Fund (Item 3600-001-
0890)............... -52,718,000
(20) Amount payable from
the Special Deposit
Fund (Item 3600-001-
0942)............... -1,604,000
(21)
Amount payable from
the Hatchery and
Inland Fisheries
Fund (Item 3600-001-
3103)............... -20,586,000
(21.5) Amount payable from
the Alternative and
Renewable Fuel and
Vehicle Technology
Fund (Item 3600-001-
3117)............... -900,000
(24) Amount payable from
the Interim Water
Supply and Water
Quality
Infrastructure and
Management
Subaccount (Item
3600-001-6027)...... -2,193,000
(26) Amount payable from
the Safe Drinking
Water, Water
Quality and Supply,
Flood Control,
River and Coastal
Protection Fund of
2006 (Item 3600-001-
6051)............... -41,561,000
-28,453,000
(27) Amount payable from
the Salton Sea
Restoration Fund
(Item 3600-001-
8018)............... -8,179,000
(28) Amount payable from
the California Sea
Otter Fund (Item
3600-001-8047)...... -139,000
Provisions:
1. The funds appropriated in this
item may be increased with the
approval of, and under the
conditions set by, the
Department of Finance to meet
current obligations proposed to
be funded in Schedules (8) and
(19). The funds appropriated in
this item shall not be increased
until the Department of Fish and
Game has a valid contract,
signed by the client agency,
that provides sufficient funds
to finance the increased
authorization. This increased
authorization may not be used to
expand services or create new
obligations.
Reimbursements received under
Schedules (8) and (19) shall be
used in repayment of any funds
used to meet current obligations
pursuant to this provision.
2. The funds appropriated in this
item for purposes of subdivision
(n) of Section 75050 of the
Public Resources Code shall
continue only so long as the
United States Bureau of
Reclamation continues to provide
federal funds and continues to
carry out federal actions to
implement the settlement
agreement in Natural Resources
Defense Council v. Rodgers
(2005) 381 F.Supp.2d 1212.
3. Of the funds appropriated in
this item, $1,000,000 shall be
used for implementation of
Chapter 685 of the Statutes of
2005.
SEC. 191. Item 3600-001-0005 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3600-001-0005--For support of Department
of Fish and Game, for payment to Item
3600-001-0001, payable from the Safe
Neighborhood Parks, Clean Water, Clean
Air, and Coastal Protection Bond Fund..... 1,042,000
500,000
SEC. 192. Item 3600-001-0200 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3600-001-0200--For support of Department of
Fish and Game, for payment to Item 3600-001-
0001, payable from the Fish and Game
Preservation Fund........................... 129,621,00
Preservation Fund........................... 98,880,00
0
Provisions:
1. The Department of Fish and
Game shall notify the Joint
Legislative Budget Committee
and the fiscal and appropriate
policy committees of each
house of the Legislature if
the use of the funds
appropriated in this item
results in the loss of federal
funds.
SEC. 193. Item 3600-001-0235 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3600-001-0235--For support of Department
of Fish and Game, for payment to Item
3600-001-0001, payable from the Public
Resources Account, Cigarette and Tobacco
Products Surtax Fund...................... 2,467,000
2,105,000
SEC. 194. Item 3600-001-0320 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3600-001-0320--For support of Department
of Fish and Game, for payment to Item
3600-001-0001, payable from the Oil Spill
Prevention and Administration Fund........ 24,675,000
25,555,000
SEC. 195. Item 3600-001-0404 of Section 2.00 of
the Budget Act of 2009 is repealed.
3600-001-0404--For support of Department
of Fish and Game, for payment to Item
3600-001-0001, payable from the Central
Valley Project Improvement Subaccount..... 58,000
SEC. 196. Item 3600-001-3117 is added to Section
2.00 of the Budget Act of 2009, to read:
3600-001-3117--For support of Department of
Fish and Game, for payment to Item 3600-001-
0001, payable from the Alternative and
Renewable Fuel and Vehicle Technology Fund..... 900,000
Provisions:
1. Notwithstanding any other provision of
law, the Department of Fish and Game
may use moneys in the Alternative and
Renewable Fuel and Vehicle Technology
Fund to retrofit diesel vehicles to
comply with regulations of the State
Air Resources Board.
SEC. 197. Item 3600-001-6051 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3600-001-6051--For support of Department of
Fish and Game, for payment to Item 3600-001-
0001, payable from the Safe Drinking Water,
Water Quality and Supply, Flood Control, 41,561,00
River and Coastal Protection Fund of 2006....
28,453,0
0
0
Provisions:
1. The additional sum of
$22,022,000 is hereby
appropriated from subdivision
(a) of Section 75050 of the
Public Resources Code for the
Ecosystem Restoration Program
upon the signing into law of a
new Bay-Delta governance
structure.
2. Of the funds appropriated in
this item, a minimum of
$8,914,000 shall be used for
development of the Bay-Delta
Conservation Plan.
SEC. 198. Item 3600-101-0320 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3600-101-0320--For local assistance,
Department of Fish and Game, Program 50-
Spill Prevention and Response, payable
from the Oil Spill Prevention and
Administration Fund....................... 2,221,000
1,341,000
SEC. 199. Item 3600-101-0516 is added to Section
2.00 of the Budget Act of 2009, to read:
3600-101-0516--For local assistance,
Department of Fish and Game, payable from the
Harbors and Watercraft Revolving Fund.......... 250,000
Provisions:
1. Notwithstanding any other provision of
law, the amount appropriated in this
item shall be used by the San
Francisco Bay area multicounty
response effort for a regional
inspection pilot program to identify
and control quagga mussel infestations.
SEC. 200. Item 3600-497 is added to Section 2.00 of the
Budget Act of 2009, to read:
3600-497--Reversion, Department of Fish and
Game. As of June 30, 2009, the balances
specified below of the appropriations
provided in the following citations shall
revert to the funds from which the
appropriations were made:
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) Item 3600-001-6031, Budget
Act of 2007 (Chs. 171 and
172, Stats. 2007)........... 2,773,000
(2) Item 3600-001-6031, Budget
Act of 2008 (Chs. 268 and
269, Stats. 2008)........... 7,227,000
SEC. 201. Item 3640-491 is added to Section 2.00 of the
Budget Act of 2009, to read:
3640-491--Reappropriation, Wildlife
Conservation Board. The balances of the
appropriations provided in the following
citations are reappropriated for the purposes
provided for in those appropriations and
shall be available for encumbrance or
expenditure as specified below:
0262--Habitat Conservation Fund
(1) Item 3640-301-0262, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006)
(1) 80.10-Wildlife Conservation Board
Projects (Unscheduled) until June
30, 2012
0447--Wildlife Restoration Fund
(1) Item 3640-301-0447, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008)
(1) 80.10.010-Minor Projects until
June 30, 2010
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) Item 3640-311-6031, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006),
until June 30, 2012
SEC. 202. Item 3640-492 is added to Section 2.00 of the
Budget Act of 2009, to read:
3640-492--Reappropriation, Wildlife
Conservation Board. Notwithstanding any other
provision of law, the period to liquidate
encumbrances in the following citations is
extended until June 30, 2011:
0262--Habitat Conservation Fund
(1) Item 3640-301-0262, Budget Act of
2004 (Ch. 208, Stats. 2004)
(1) 80.10-Wildlife Conservation Board
Projects (Unscheduled)
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) Item 3640-311-6031, Budget Act of
2004 (Ch. 208, Stats. 2004)
SEC. 203. Item 3640-495 is added to Section 2.00 of the
Budget Act of 2009, to read:
3640-495--Reversion, Wildlife Conservation
Board. As of June 30, 2009, the amounts
specified below of the appropriations provided
for in the following citations shall revert to
the funds from which the appropriations were
made:
0001--General Fund
(1) $1,535,000 from Item 3640-301-0001,
Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006)
SEC. 204. Item 3680-101-0516 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3680-101-0516--For local assistance,
Department of Boating and Waterways,
payable from the Harbors and Watercraft
Revolving Fund.............................. 30,600,000
Schedule:
(1) 10-Boating Facilities.... 22,943,0
24,193,0
00
(a) Launching Facility (3,727,0
Grants.................. 00)
(1) Balls
Ferry BLF.. (631,000)
(2) Black
Point BLF.. (506,000)
(3) El Dorado
Beach BLF.. (420,000)
(4) Floating
Restrooms.. (500,000)
(5) Non-
Motorized
Boat
Launching
Facilities. (100,000)
(6) Ramp
Repair &
Modificatio
n.......... (550,000)
(7) Signs...... (20,000)
(8) Reimburseme
nt Grants.. (1,000,000)
(b) Public Small Craft (13,773,
Harbor Loans............ 000)
(1) Coyote
Point
Marina..... (1,966,000)
(2) Santa
Barbara
Harbor..... (4,812,000)
(3) San
Francisco
Marina--
West
Harbor..... (6,995,000)
(c) Private Loans........... (3,500,0
00)
(d) Clean Vessel Act Grant (843,000
Program................. )
(e) Boating Trails.......... (1,000,0
00)
(f) Boating Infrastructure (100,000
Grant Program........... 1,350,00
)
0
(2) 20-Boating Operations........ 13,600,0
00
(3) 30-Beach Erosion Control..... 8,350,00
12,550, 0
00
(4) Reimbursements............... -1,350,0
00
(5) Amount payable from the
Abandoned Watercraft
Abatement Fund (Item 3680-
101-0577).................... -500,000
(6) Amount payable from the
Federal Trust Fund (Item -4,443,0
3680-101-0890)............... 0
-5,693, 0
00
(7) Amount payable from the
Public Beach Restoration -8,000,0
Fund (Item 3680-101-3001)....
-12,2 00 ,
000
Provisions:
1. Of the funds appropriated in Schedule
(2), Program 20-Boating Operations,
$10,600,000 is for boating safety and
enforcement programs pursuant to
Section 663.7 of the Harbors and
Navigation Code.
SEC. 205. Item 3680-101-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3680-101-0890--For local assistance,
Department of Boating and Waterways, for
payment to Item 3680-101-0516, payable from
the Federal Trust Fund...................... 4,443,000
5,693,000
Provisions:
1. Of the amount appropriated in this
item, $2,500,000 shall be for
grants to local governments for
boating safety and law enforcement,
15 percent of which shall be
allocated according to the
department's discretion, and 85
Department of Boating and
Waterways' discretion, and 85
percent of which shall be allocated
by the department in accordance
with the following priorities:
First-- To local governments that
are eligible for state aid because
they are spending all their local
boating revenue on boating
enforcement and safety, but are not
receiving sufficient state funds to
meet their need as calculated
pursuant to Section 663.7 of the
Harbors and Navigation Code.
Second-- To local governments that
are not spending all local boating
revenue on boating enforcement and
safety, and whose boating revenue
does not equal their calculated
need. Local assistance shall not
exceed the difference between the
calculated need and local boating
revenue.
Third-- To local governments whose
boating revenue exceeds their
need, but who are not spending
sufficient local revenue to meet
their calculated need.
SEC. 206. Item 3680-101-3001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3680-101-3001--For local assistance,
Department of Boating and Waterways, for
payment to Item 3680-101-0516, payable
from the Public Beach Restoration Fund..... 8,000,000
12,200,000
Provisions:
1. Notwithstanding any other
provision of law, the funds
appropriated in this item
shall be available for
expenditure until June 30,
2012.
SEC. 207. Item 3760-001-0140 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3760-001-0140--For support of State
Coastal Conservancy, for payment to Item
3760-001-0565, payable from the
California Environmental License Plate
Fund...................................... 1,168,000
1,425,000
SEC. 208. Item 3760-001-0565 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3760-001-0565--For support of State Coastal
Conservancy, payable from the State Coastal
Conservancy Fund............................... 3,193,000
Schedule:
(1) 15-Coastal Resource
Development............ 4,505,000
(2) 25-Coastal Resource
Enhancement............ 6,743,000
7,000,000
(3) 90.01-Administration
and Support............ 3,749,000
(4) 90.02-Distributed
Administration......... -3,749,000
(5) Reimbursements......... -382,000
(6) Amount payable from
the Safe Neighborhood
Parks, Clean Water,
Clean Air, and Coastal
Protection Bond Fund
(Item 3760-001-0005)... -1,551,000
(7) Amount payable from
the California
Environmental License
Plate Fund (Item 3760-
001-0140).............. -1,168,000
-1,425,000
(8) Amount payable from
the Federal Trust Fund
(Item 3760-001-0890)... -135,000
(9) Amount payable from
the San Francisco Bay
Area Conservancy
Program Account, State
Coastal Conservancy
Fund (Item 3760-001-
0316).................. -470,000
(10) Amount payable from
the California Clean
Water, Clean Air, Safe
Neighborhood Parks,
and Coastal Protection
Fund (Item 3760-001-
6029).................. -2,068,000
(11) Amount payable from
the Water Security,
Clean Drinking Water,
Coastal and Beach
Protection Fund of
2002 (Item 3760-001-
6031).................. -736,000
(12) Amount payable from
the Safe Drinking
Water, Water Quality
and Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
3760-001-6051)......... -1,167,000
(13) Amount payable from
California Ocean
Protection Trust Fund
(Item 3760-001-6076)... -250,000
(14) Amount payable from
the California Sea
Otter Fund (Item 3760-
001-8047).............. -128,000
Provisions:
1. Notwithstanding any other provision
of law, upon approval and order of
the Department of Finance, the
State Coastal Conservancy may
borrow sufficient funds from the
State Coastal Conservancy Fund to
meet cashflow needs due to delays
in collecting reimbursements. Any
loan made by the Department of
Finance pursuant to this provision
may be made only if the State
Coastal Conservancy has a valid
contract or certification signed by
the agency providing the
reimbursements, which demonstrates
that sufficient funds will be
available to repay the loan. All
moneys so transferred shall be
repaid to the State Coastal
Conservancy Fund as soon as
possible, but not later than one
year from the date of the loan.
2. Of the funds appropriated by this
act from the General Fund, special
funds, or bond funds to the State
Coastal Conservancy for local
assistance or capital outlay, upon
approval of the Department of
Finance, the conservancy may
allocate an amount not to exceed
1.5 percent of each project's
allocation to provide for the
department's costs to administer
the projects.
SEC. 209. Item 3760-301-0262 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3760-301-0262--For capital outlay, State
Coastal Conservancy, payable from the
Habitat Conservation Fund.................... 4,000,000
Schedule:
(1) 80.93.025-Coastal
Resource Enhancement.. 4,000,000
6,000,000
(2) Reimbursements........ -2,000,000
Provisions:
1. (a) The State Coastal
Conservancy shall not
enter into a grant
contract with a nonprofit
organization or local
government for property
acquisition unless the
grant contract provides a
reversionary interest to
the state that specifies
that the property shall
not revert to the state
without review and
approval by the State
Coastal Conservancy and
the State Public Works
Board.
(b) The State Coastal
Conservancy shall not
enter into a grant
contract with a nonprofit
organization or local
government for property
acquisition that provides
for a state leasehold
interest in property
acquired by a nonstate
public agency with grant
funds of the State Coastal
Conservancy unless the
Director of General
Services approves the
lease terms.
(c) Except for the above, the
expenditures of funds for
grants to nonstate public
agencies and nonprofit
organizations shall be
exempt from State Public
Works Board review.
2. The funds appropriated in this
item are available for encumbrance
for either capital outlay or local
assistance without regard to
fiscal year.
3. Notwithstanding any other
provision of law, upon approval
and order of the Department of
Finance, the State Coastal
Conservancy may borrow sufficient
funds from the State Coastal
Conservancy Fund to meet cashflow
needs due to delays in collecting
reimbursements. Any loan made by
the Department of Finance pursuant
to this provision may be made only
if the State Coastal Conservancy
has a valid contract or
certification signed by the agency
providing the reimbursements,
which demonstrates that sufficient
funds will be available to repay
the loan. All moneys so
transferred shall be repaid to the
State Coastal Conservancy Fund as
soon as possible, but not later
than one year from the date of the
loan.
4. Funds appropriated in this item
are in lieu of the amount that
otherwise would have been
appropriated for the department,
pursuant to Section 2787(b) of the
appropriated for the State Coastal
Conservancy, pursuant to
subdivision (b) of Section 2787 of
the Fish and Game Code.
SEC. 210. Item 3760-301-0371 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3760-301-0371--For capital outlay, State
Coastal Conservancy, payable from the
California Beach and Coastal Enhancement
Account, California Environmental License
Plate Fund..................................... 400,000
Schedule:
(1) 80.00.020-Public
Access................. 400,000
1,400,000
(2) Reimbursements......... -1,000,000
Provisions:
1. (a) The State Coastal
Conservancy may not enter
into a grant contract with a
nonprofit organization or
local government for
property acquisition unless
the grant contract provides
a reversionary interest to
the state that specifies
that the property shall not
revert to the state without
review and approval by the
State Coastal Conservancy
and the State Public Works
Board.
(b) The State Coastal
Conservancy may not enter
into a grant contract with a
nonprofit organization or
local government for
property acquisition that
provides for a state
leasehold interest in
property acquired by a
nonstate public agency with
grant funds of the State
Coastal Conservancy unless
the Director of General
Services approves the lease
terms.
(c) Except for the above, the
expenditure of funds for
grants to nonstate public
agencies and nonprofit
organizations is exempt from
State Public Works Board
review.
2. The funds appropriated in this item
are available for encumbrance for
either capital outlay or local
assistance until June 30, 2012.
SEC. 211. Item 3760-301-0593 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3760-301-0593--For capital outlay, State
Coastal Conservancy, payable from the Coastal
Access Account, State Coastal Conservancy Fund. 500,000
Schedule:
(1) 80.00.020-Public
Access................. 500,000
1,500,000
(2) Reimbursements......... -1,000,000
Provisions:
1. (a) The State Coastal
Conservancy may not enter
into a grant contract with a
nonprofit organization or
local government for
property acquisition unless
the grant contract provides
a reversionary interest to
the state that specifies
that the property shall not
revert to the state without
review and approval by the
State Coastal Conservancy
and the State Public Works
Board.
(b) The State Coastal
Conservancy may not enter
into a grant contract with a
nonprofit organization or
local government for
property acquisition that
provides for a state
leasehold interest in
property acquired by a
nonstate public agency with
grant funds of the State
Coastal Conservancy unless
the Director of General
Services approves the lease
terms.
(c) Except for the above, the
expenditure of funds for
grants to nonstate public
agencies and nonprofit
organizations is exempt from
State Public Works Board
review.
2. The funds appropriated in this
item are available for encumbrance
for either capital outlay or local
assistance until June 30, 2012.
SEC. 212. Item 3760-301-6051 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3760-301-6051--For capital outlay, State
Coastal Conservancy, payable from the Safe
Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection
Bo Fu nd Act of
2006.............................
.... 78,317,000
Schedule:
(1) 80.97.030-Conservancy
Programs.............. 79,317,000
81,317,000
(2) Reimbursements........ -1,000,000
-3,000,000
Provisions:
1. The amount appropriated in this
item is available for encumbrance
for either capital outlay or
local assistance until June 30,
2012.
2. The funds appropriated in this
item are conditioned upon all of
the following:
(a) The State Coastal
Conservancy may not enter
into a grant contract with
a nonprofit organization
or local government for
property acquisition
unless the grant contract
provides a reversionary
interest to the state that
specifies that the
property shall not revert
to the state without
review and approval by the
State Coastal Conservancy
and the State Public Works
Board.
(b) The State Coastal
Conservancy may not enter
into a grant contract with
a nonprofit organization
or local government for
property acquisition that
provides for a state
leasehold interest in
property acquired by a
nonstate public agency
with grant funds of the
State Coastal Conservancy
unless the Director of
General Services approves
the lease terms.
(c) Except for the above, the
expenditure of funds for
grants to nonstate public
agencies and nonprofit
organizations is exempt
from State Public Works
Board review.
SEC. 213. Item 3760-301-6076 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3760-301-6076--For capital outlay, State
Coastal Conservancy, payable from the
California Ocean Protection Trust Fund....... 26,750,000
Schedule:
(1) 80.07.070-Ocean
Protection
Council............... 27,550,000
27,750,000
(2) Reimbursements........ -800,000
-1,000,000
Provisions:
1. The amount appropriated in this
item is available for encumbrance
for either capital outlay or local
assistance until June 30, 2012.
2. The funds appropriated in this
item are conditioned upon all of
the following:
(a) The State Coastal
Conservancy may not enter
into a grant contract
with a nonprofit
organization or local
government for property
acquisition unless the
grant contract provides a
reversionary interest to
the state that specifies
that the property shall
not revert to the state
without review and
approval by the State
Coastal Conservancy and
the State Public Works
Board.
(b) The State Coastal
Conservancy may not enter
into a grant contract with
a nonprofit organization
or local government for
property acquisition that
provides for a state
leasehold interest in
property acquired by a
nonstate public agency
with grant funds of the
State Coastal Conservancy
unless the Director of
General Services approves
the lease terms.
(c) Except for the above, the
expenditure of funds for
grants to nonstate public
agencies and nonprofit
organizations is exempt
from State Public Works
Board review.
3. Of the funds provided in this item
for the Ocean Protection Council,
$4,400,000 shall be allocated to
the Department of Fish and Game
for state operations through an
interagency agreement for the
purpose of Marine Life Protection
Act implementation.
SEC. 214. Item 3760-495 is added to Section 2.00
of the Budget Act of 2009, to read:
3760-495--Reversion, State Coastal
Conservancy. As of June 30, 2009, the
amounts specified below of the
appropriations provided in the following
citations shall revert to the funds from
which the appropriations were made:
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection
Fund of 2002
(1) Item 3760-301-6031, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006)
(1) 80.97.030-Conservancy
Programs............... 500,000
SEC. 215. Item 3790-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3790-001-0001--For support of Department of Parks 1
and Recreation....................................... 4
3
,
4
0
8
,
0
0
0
Schedule:
(1) For support of the
Department of Parks and
Recreation................ 438,089,000
484,459,000
(2) Reimbursements............ -45,744,000
(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)................. -5,179,000
(5) Amount payable from the
California Environmental
License Plate Fund (Item
3790-001-0140)............ -3,113,000
(6) Amount payable from the
Public Resources Account,
Cigarette and Tobacco
Products Surtax Fund
(Item 3790-001-0235)...... -9,699,000
-8,445,000
(7) Amount payable from the
Off-Highway Vehicle Trust
Fund (Item 3790-001-0263). -54,940,000
-54,607,000
(8) Amount payable from the
State Parks and
Recreation Fund (Item
3790-001-0392)............ -125,889,000
-115,889,000
(9) Amount payable from the
Winter Recreation Fund
(Item 3790-001-0449)...... -364,000
(10) Amount payable from the
Harbors and Watercraft
Revolving Fund (Item 3790-
001-0516)................. -1,263,000
(11) Amount payable from the
Federal Trust Fund (Item
3790-001-0890)............ -6,488,000
(11.5) Amount payable from the
Alternative and Renewable
Fuel and Vehicle
Technology Fund (Item
3790-001-3117) ........... -1,635,000
(11.6) Amount payable from the
State Park Access Fund
(Item 3790-001-3154)...... -199,730,000
(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)...... -4,663,000
(14) Amount payable from the
Water Security, Clean
Drinking Water, Coastal
and Beach Protection Fund
of 2002 (Item 3790-001-
6031)..................... -445,000
(15) Amount payable from Safe
Drinking Water, Water
Quality and Supply, Flood
Control, River and
Coastal Protection Fund
of 2006 (Item 3790-001-
6051)..................... -32,501,000
(16) Amount payable from Safe
Drinking Water, Water
Quality and Supply, Flood
Control, River and
Coastal Protection Fund
of 2006 (Item 3790-002-
6051)..................... -4,000
(17) Amount payable from
Disaster Preparedness and
Flood Prevention Bond
Fund of 2006 (Item 3790-
001-6052)................. -214,000
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, 2015.
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, 2010.
(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 Department of Parks and Recreation
is authorized to enter into a
contract for fee collection and other
services required by the department with
a cooperative association that has and
will continue to fund state employees on
an ongoing basis.
5. Of the amount appropriated in Schedule
(2), $11,300,000 shall be available for
encumbrance or expenditure until June
30, 2011.
6. Of the amount appropriated in Schedule
(15), $15,725,000 shall be available for
encumbrance or expenditure until June
30, 2011.
7. Of the amount appropriated in Schedule
(15), $8,000,000 shall be available for
encumbrance or expenditure for the
purposes of implementing the Department
of Parks and Recreation's multiyear plan
to comply with the Americans with
Disabilities Act until June 30, 2012.
SEC. 216. Item 3790-001-0235 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3790-001-0235--For support of Department
of Parks and Recreation, for payment to
Item 3790-001-0001, payable from the
Public Resources Account, Cigarette and
Tobacco Products Surtax Fund.............. 9,699,000
8,445,000
SEC. 217. Item 3790-001-0263 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3790-001-0263--For support of Department
of Parks and Recreation, for payment to
Item 3790-001-0001, payable from the Off-
Highway Vehicle Trust Fund................ 54,940,000
54,607,000
SEC. 218. Item 3790-001-0392 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3790-001-0392--For support of Department
of Parks and Recreation, for payment to
Item 3790-001-0001, payable from the
State Parks and Recreation Fund........... 125,889,000
115,889,000
SEC. 219. Item 3790-001-3117 is added to Section
2.00 of the Budget Act of 2009, to read:
3790-001-3117--For support of Department of
Parks and Recreation, for payment to Item 3790-
001-0001, payable from the Alternative and
Renewable Fuel and Vehicle Technology Fund..... 1,635,000
Provisions:
1. Notwithstanding any other provision of
law, the Department of Parks and
Recreation may use Alternative and
Renewable Fuel and Vehicle Technology
Funds to retrofit diesel vehicles to
comply with State Air Resources Board
regulations.
SEC. 220. Item 3790-001-3154 is added to Section 2.00
of the Budget Act of 2009, to read:
3790-001-3154--For support of Department
of Parks and Recreation, for payment to
Item 3790-001-0001, payable from the
State Park Access Fund.................... 199,730,000
SEC. 221. Item 3790-101-0005 is added to Section 2.00
of the Budget Act of 2009, to read:
3790-101-0005--For local assistance,
Department of Parks and Recreation, payable
from the Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection
Bond Fund ................................... 39,795,000
Schedule:
(1) 80.25-Recreational Grants.. 39,795,000
(a) Competitive Grants
(Non-project specific). (40,000)
(1) Non-motorized
Trails Grants...... (40,000)
(a) San
Dieguito
River
Park
Joint
Powers
Authority. (40,000)
(b) Soccer and Baseball
Fields................. (375,000)
(1) City of Los
Angeles: Boyle
Heights Sports
Center for
development of
sports fields,
both soccer and
baseball........... (300,000)
(2) City of Montclair:
Soccer Park........ (75,000)
(c) Per Capita............. (371,000)
(1) County of San
Diego: Otay Valley
Regional Park...... (371,000)
(d) Roberti-Z'berg-Harris.. (38,269,000)
(e) Zoos and Aquariums..... (740,000)
Provisions:
1. The amounts displayed in this item
represent the balances as of December
31, 2008. The Director of Finance may
adjust these amounts to the extent
indicated by reports of past
expenditures identified and made prior
to June 30, 2009.
2. Funds available in Schedule (1)(a)
shall be allocated consistent with the
balance available at time of reversion
of Schedule (a)(1)(c) of Item 3790-102-
0005, Budget Act of 2000 (Ch. 52,
Stats. 2000), and as reappropriated by
Item 3790-490, Budget Act of 2008 (Chs.
268 and 269, Stats. 2008), and
allocated pursuant to the provisions of
the Competitive Grants (Non-project
specific) at the time of the original
appropriation.
3. Funds available in Schedule (1)(b)(1)
shall be allocated consistent with the
balance available at time of reversion
of Schedule (a)(6c)(r) of Item 3790-102-
0005, Budget Act of 2000 (Ch. 52,
Stats. 2000), and as reappropriated by
Item 3790-490, Budget Act of 2008 (Chs.
268 and 269, Stats. 2008), and
allocated pursuant to the provisions of
the regional youth soccer and baseball
facilities at the time of the original
appropriation.
4. Funds available in Schedule (1)(b)(2)
shall be allocated consistent with the
balance available at time of reversion
of Schedule (3)(b) of Item 3790-101-
0005, Budget Act of 2001 (Ch. 106,
Stats. 2001), and allocated pursuant to
the provisions of the regional youth
soccer and baseball facilities at the
time of the original appropriation.
5. Funds available in Schedule (1)(c)
shall be allocated consistent with the
balance available at time of reversion
of Item 3790-103-0005 Grants (per
capita), Budget Act of 2000 (Ch. 52,
Stats. 2000), and as reappropriated by
Item 3790-490, Budget Act of 2008 (Chs.
268 and 269, Stats. 2008), and
allocated pursuant to the provisions of
the per capita grants at the time of
the original appropriation.
6. Funds available in Schedule (1)(d)
shall be allocated consistent with
balances available at time of reversion
of Schedule (1)(b) of Item 3790-101-
0005, Budget Act of 2001 (Ch. 106,
Stats. 2001), and were allocated
pursuant to the Roberti-Z'berg-Harris
Urban-Open Space and Recreation Program
Act (Chapter 3.2 (commencing with
Section 5620) of Division 5 of the
Public Resources Code) at the time of
the original appropriation.
7. Funds available in Schedule (1)(e)
shall be allocated consistent with
balances available at time of reversion
of Schedule (1)(d) of Item 3790-101-
0005, Budget Act of 2001 (Ch. 106,
Stats. 2001), and were allocated
pursuant to the provisions of the
grants for zoos and aquariums at the
time of the original appropriation.
SEC. 222. Item 3790-301-6051 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3790-301-6051--For capital outlay,
Department of Parks and Recreation, payable
from the Safe Drinking Water, Water Quality
and Supply, Flood Control, River and
Coastal Protection Fund of 2006............. 23,270,000
Schedule:
(1) 90.64.101-Eastshore
SP: Brickyard Cove
Development-- Working
drawings.............. 833,000
(2) 90.6F.104-Angel
Island SP:
Immigration Station
Hospital
Rehabilitation--
Preliminary plans..... 309,000
(3) 90.8G.104-Marshall
Gold Discovery SHP:
Park Improvements--
Working drawings...... 735,000
(4) 90.8Y.101-Grover Hot
Springs SP: Renovate
Pool Complex--
Preliminary plans..... 531,000
(5) 90.CT.100-Fort Ord
Dunes SP: New
Campground and Beach
Access-- Preliminary
plans................. 1,198,000
(6) 90.EF.101-El Capitan
SB: Construct New
Lifeguard
Headquarters--
Preliminary plans..... 591,000
(7) 90.FO.102-Leo
Carrillo SP:
Steelhead Trout
Barrier Removal--
Preliminary plans and
working drawings...... 380,000
(8) 90.GG.102-Silverwood
Lake SRA: Nature
Center Exhibits--
Preliminary plans and
working drawings...... 380,000
(9) 90.H6.102-Cuyamaca
Rancho SP: Equestrian
Facilities--
Construction.......... 3,031,000
(10) 90.IJ.103-Old Town
San Diego SHP:
Building Demolition
and Immediate
Public Use Facilities-
- Preliminary plans... 436,000
(11) 90.KZ.104-Los Angeles
SHP: Site
Development/Planning
and Phase I Build Out-
- Working drawings.... 3,355,000
(12) 90.RS.224-Statewide:
State Park System
Acquisition Program--
Acquisition........... 8,000,000
(13) 90.RS.260-Statewide:
Recreational Trails
Program--Minor
Pro gram-- Minor ject
s...... ........
433,000
(14) 90.RS.601-Statewide:
Budget Development- -
- Stud y ies
.............. ...
300,000
(15) 90.RS.205-Statewide:
State Park System
Minor Capital Outlay
Program--Minor
Pro gram-- Minor ject
s...... ........
2,523,000
(16) 90.RS.235-Statewide:
Volunteer Enhancement
Program--Minor
Pro gram-- Minor ject
s...... ........
615,000
(17) 90.RS.810-Statewide:
Capitol Outlay
Projects--
Acquisition,
preliminary plans,
working drawings,
construction, and
minor projects........ 3,000,000
(18) Reimbursement--
Statewide: Capital
Outlay Projects....... -3,000,000
(19) Reimbursement-- Leo
Carrillo SP:
Steelhead Trout
Barrier Removal....... -380,000
Provisions:
1. Notwithstanding any other
provision of law, the funds
appropriated in this item shall
be available for expenditure
until June 30, 2013, except
appropriations for preliminary
plans and working drawings, which
shall be available for
expenditure until June 30, 2011,
and minor capital outlay and
studies, which shall be available
for expenditure until June 30,
2010. In addition, the balance of
each appropriation made in this
item that contains funding for
construction that has not been
allocated, through fund transfer
or approval to proceed to bid, by
the Department of Finance on or
before June 30, 2010, shall
revert as of that date to the
fund from which the appropriation
was made.
SEC. 223. Item 3790-490 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3790-490--Reappropriation, Department of Parks
and Recreation. The balances of the
appropriations provided in the following
citations are reappropriated until June 30,
2010 for the purposes and subject to the
limitations, unless otherwise specified,
provided for in the following appropriations:
and Recreation. The amounts specified in the
following citations are reappropriated for the
purposes provided for in those appropriations
and shall be available for encumbrance or
expenditure until June 30, 2010:
0001--General Fund
(1) $3,074,000 from Item 3790-001-0001,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008), for support of the
Department of Parks and Recreation
0263--Off-Highway Vehicle Trust Fund
(1) $6,476,000 from Item 3790-001-0263,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008), for support of the
Department of Parks and Recreation
6051-- Safe Drinking Water, Water Quality
and Supply, Flood Control, River and
Coastal Protection Fund of 2006
Coastal Protection Bond Act
Schedule:
(1) $1,804,000 from Item 3790-001-6051,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008), for natural heritage
stewardship projects .
(2) $1,169,000 from Item 3790-001-
6051, Budget Act of 2008 (Chs. 268 and
269, Stats. 2008), for cultural
stewardship projects .
(3) $1,458,000 from Item 3790-001-6051,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008), for interpretive exhibit
projects .
(4) $1,907,000 from Item 3790-001-6051,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008), for statewide general
planning projects .
SEC. 224. Item 3790-491 is added to Section 2.00
of the Budget Act of 2009, to read:
3790-491--Reappropriation, Department of Parks and
Recreation. The balances of the appropriations
provided in the following citations are
reappropriated for the purposes and subject to the
limitations, unless otherwise specified, provided in
the following appropriations:
0005--Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund
(1) Item 3790-301-0005, Budget Act of 2000
(Ch. 52, Stats. 2000), as reappropriated
by Item 3790-490, Budget Acts of 2001
(Ch. 106, Stats. 2001), 2003 (Ch. 157,
Stats. 2003), and 2006 (Chs. 47 and 48,
Stats. 2006)
(15) 90.CO.402-Henry W. Coe SP:
Mount Hamilton--Acquisition
(20) 90.C9.100-Montana De Oro SP:
Irish Hills--Acquisition
+
(2) Item 3790-301-0005, Budget Act of 2003
(Ch. 157, Stats. 2003), as
reappropriated by Item 3790-491, Budget
Acts of 2004 (Ch. 208, Stats. 2004) and
2006 (Chs. 47 and 48, Stats. 2006), as
reverted by Item 3790-496, Budget Act of
2005 (Chs. 38 and 39, Stats. 2005), and
Item 3790-495, Budget Act of 2008 (Chs.
268 and 269, Stats. 2008)
(12) 90.2W.101-Prairie Creek
Redwoods SP: Public Use
Improvements--Construction
+
(3) Item 3790-301-0005, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 3790-491, Budget
Acts of 2005 (Chs. 38 and 39, Stats.
2005), 2006 (Chs. 47 and 48, Stats.
2006), 2007 (Chs. 171 and 172, Stats.
2007), and 2008 (Chs. 268 and 269,
Stats. 2008)
(.1) 90.EX.101-Malibu Creek SP:
Restore Sepulveda Adobe-
-Working drawings and
construction
(.2) 90.E4.103-Chino Hills SP:
Visitor Center--Construction
and equipment
(1) 90.GI.101-Crystal Cove SP: El
Morro Mobilehome Park
Conversion--Construction
(5) Reimbursement--Crystal Cove
State Park: El Morro
Mobilehome Park Conversion
+
(4) Item 3790-301-0005, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
reappropriated by Item 3790-491, Budget
Acts of 2006 (Chs. 47 and 48, Stats.
2006), 2007 (Chs. 171 and 172, Stats.
2007), and 2008 (Chs. 268 and 269,
Stats. 2008)
(1.1) 90.EX.101-Malibu Creek SP:
Restore Sepulveda Adobe-
-Construction
(1.2) 90.E4.103-Chino Hills SP:
Visitor Center--Construction
(3) 90.I6.101-San Elijo State
Beach: Replace Main Lifeguard
Tower--Preliminary plans and
working drawings
+
(5) Item 3790-301-0005, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
reappropriated by Item 3790-491, Budget
Acts of 2007 (Chs. 171 and 172, Stats.
2007) and 2008 (Chs. 268 and 269, Stats.
2008)
(3) 90.I6.101-San Elijo SB:
Replace Main Lifeguard Tower-
-Construction and equipment
+
(6) Item 3790-301-0005, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
reappropriated by Item 3790-491, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008)
(1.5) 90.I6.101-San Elijo SB:
Replace Main Lifeguard Tower-
-Construction
(2) 90.RS.205-Statewide: State
Park System--Minor projects
+
(7) Item 3790-301-0005, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(1) 90.RS.205-Statewide: State
Park System--Minor projects
0263--Off-Highway Vehicle Trust Fund
(1) Item 3790-301-0263, Budget Act of 2003
(Ch. 157, Stats. 2003), as
reappropriated by Item 3790-491, Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006), and as reverted by Item 3790-495,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007)
(2.5) 90.RS.423-Statewide: OHV Park
and Buffer Acquisition
Projects--Acquisition
+
(2) Item 3790-301-0263, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
(2) 90.RS.405-Statewide OHV
Opportunity Purchase/Budget
Package/Schematic Planning-
-Acquisition and study
+
(3) Item 3790-301-0263, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(1) 90.A7.105-Prairie City SVRA:
4x4 Improvements--Preliminary
plans and working drawings
(2) 90.7C.102-Oceano Dunes SVRA:
Visitor Center and Storage-
-Preliminary plans
(4) 90.RS.206-Statewide: OHV Minor
Projects
0890--Federal Trust Fund
(1) Item 3790-301-0890, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
reappropriated by Item 3790-491, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008)
(0.5) 90.I6.101-San Elijo SB:
Replace Lifeguard Tower-
-Construction
6029--California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund
(1) Item 3790-301-6029, Budget Act of 2003
(Ch. 157, Stats. 2003), as
reappropriated by Item 3790-491, Budget
Acts of 2004 (Ch. 208, Stats. 2004) and
2006 (Chs. 47 and 48, Stats. 2006)
(2.5) 90.EC.103-Kenneth Hahn State
Recreation Area: Vista
Pacifica Visitor Center-
-Preliminary plans, working
drawings, and construction
(10) 90.RS.224-Statewide: State
Park System Acquisition
Program--Acquisition
(18) 90.6C.101-Ano Nuevo State
Reserve: Marine Education
Center--Preliminary plans,
working drawings,
construction, and equipment
(24) Reimbursements: Ano Nuevo
State Reserve: Marine
Education Center
+
(2) Item 3790-301-6029, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 3790-491, Budget
Acts of 2005 (Chs. 38 and 39, Stats.
2005), 2006 (Chs. 47 and 48, Stats.
2006), 2007 (Chs. 171 and 172, Stats.
2007), and 2008 (Chs. 268 and 269,
Stats. 2008), as reverted by Item 3790-
496, Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005), and as reverted by item
3790-495, Budget Acts of 2006 (Chs. 47
and 48, Stats. 2006) and 2007 (Chs. 171
and 172, Stats. 2007)
(2.2) 90.E4.104-Chino Hills SP:
Entrance Road and Facilities-
-Working drawings
(2.6) 90.GY.101-Doheny State Beach:
New Lifeguard Headquarters-
-Construction and equipment
(5.1) 90.8D.102-Donner Memorial SP:
New Visitor Center--Working
drawings, construction, and
equipment
(5.7) Reimbursement--Donner Memorial
SP: New Visitor Center
+
(3) Item 3790-301-6029, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
reappropriated by Item 3790-491, Budget
Acts of 2006 (Chs. 47 and 48, Stats.
2006), 2007 (Chs. 171 and 172, Stats.
2007), and 2008 (Chs. 268 and 269,
Stats. 2008), and as reverted by Item
3790-495, Budget Act of 2007 (Chs. 171
and 172, Stats. 2007)
(3) 90.E4.104-Chino Hills SP:
Entrance Road and Facilities-
-Construction and equipment
(4) 90.FW.101-Topanga State Park:
Public Use Improvements-
-Construction and equipment
(7) 90.3I.101-Shasta State
Historic Park: Southside Ruins
Stabilization--Working
drawings and construction
(8) 90.6H.101-Samuel P. Taylor SP:
Install New Concrete
Reservoirs--Working drawings
and construction
+
(4) Item 3790-301-6029, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
reappropriated by Item 3790-491, Budget
Acts of 2007 (Chs. 171 and 172, Stats.
2007) and 2008 (Chs. 268 and 269, Stats.
2008)
(3.5) 90.8D.102-Donner Memorial SP:
New Visitor Center--Working
drawings and construction
(3.8) Reimbursement--Donner Memorial
SP: New Visitor Center
+
(5) Item 3790-301-6029, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
reappropriated by Item 3790-491, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008)
(1) 90.RS.810-Statewide: Capital
Outlay Projects--Acquisition,
preliminary plans,
construction, and minor
projects
(3) Reimbursements--Statewide
Capital Outlay Projects
(6) Chapter 1126 of the Statutes of 2002, as
reappropriated by Item 3790-491, Budget
Acts of 2005 (Chs. 38 and 39, Stats.
2005), 2006 (Chs. 47 and 48, Stats.
2006), 2007 (Chs. 171 and 172, Stats.
2007), and 2008 (Chs. 268 and 269,
Stats. 2008)
(2) 90.8L.101-California Indian
Museum--Studies, preliminary
plans, working drawings, and
construction
6051--Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal
Protection Fund of 2006
(1) Item 3790-301-6051, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
reappropriated by Item 3790-491, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008)
(3.5) 90.KZ.104-Los Angeles State
Historic Park (Cornfields):
Planning and Phase I Build Out-
-Preliminary plans
(5) 90.8I.101-Calaveras Big Trees
State Park: New Visitor Center-
-Working drawings,
construction, and equipment
(6) Reimbursements--Calaveras Big
Trees State Park: New Visitor
Center
+
(2) Item 3790-301-6051, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(3) 90.RS.260-Statewide:
Recreational Trails--Minor
projects
(4) 90.RS.205-Statewide: State
Park System--Minor projects
(5) 90.RS.235-Statewide: Volunteer
Enhancement Program--Minor
projects
(6) 90.RS.601-Statewide: Budget
Development--Studies
SEC. 225. Item 3790-492 is added to Section 2.00 of the
Budget Act of 2009, to read:
3790-492--Reappropriation, Department of Parks
and Recreation. Notwithstanding any other
provision of law, the period to liquidate
encumbrances for the amounts specified in the
following citations is extended as cited below:
0005--Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection
Bond Fund
(1) $61,132 from Item 3790-001-0005,
Budget Act of 2004 (Ch. 208, Stats.
2004), and reappropriated by Item 3790-
492, Budget Act of 2006 (Chs. 47 and
48, Stats. 2006), for support of the
Department of Parks and Recreation
until June 30, 2010.
(2) $521,722 from Item 3790-001-0005,
Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006), for support of the
Department of Parks and Recreation
until June 30, 2010.
(3) $422,207 from Item 3790-001-0005,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007), for support of the
Department of Parks and Recreation
until June 30, 2011.
6029--California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal
Protection Fund
(1) $394,850 from Item 3790-001-6029,
Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006), for support of the
Department of Parks and Recreation
until June 30, 2010.
(2) $185,441 from Item 3790-001-6029,
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005), as reappropriated by
Item 3790-490, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), and
reappropriated by Item 3790-490 (Chs.
171 and 172, Stats. 2007), for support
of the Department of Parks and
Recreation until June 30, 2011.
(3) $70,257 from Item 3790-001-6029,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007), for support of the
Department of Parks and Recreation
until June 30, 2011.
6051--Safe Drinking Water, Water Quality
and Supply, Flood Control, River and
Coastal Protection Fund of 2006
(1) $383,844 from Item 3790-001-6051,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007), for support of the
Department of Parks and Recreation
until June 30, 2011.
SEC. 226. Item 3790-494 is added to Section 2.00 of the
Budget Act of 2009, to read:
3790-494--Reappropriation, Department of Parks and
Recreation. Notwithstanding any other provision of
law, the period to liquidate encumbrances in the
following citations is extended as cited below:
0005--Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund
(1) Item 3790-101-0005, Budget Act of 2001
(Ch. 106, Stats. 2001), until June 30,
2010
(1) 80.25-Recreational Grants
(a) Local Agencies
Operating Park Units
(c) Murray-Hayden Urban
Parks and Youth
Services Program
(2) 80.30-Historic Preservation
Grants
(a) California Heritage
Program
(2) Item 3790-101-0005, Budget Act of 2001
(Ch. 106, Stats. 2001), as
reappropriated by Item 3790-492, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008), for the City of Los Angeles,
Department of Parks and Recreation for
the Seoul International Park until June
30, 2011
(1) 80.25-Recreational Grants
(c) Murray-Hayden Urban
Parks and Youth
Services Program
(3) Item 3790-101-0005, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), for
improvements to the bicycle and
pedestrian trail and for bluff erosion
and safety railing at Bolsa Chica State
Beach until June 30, 2011
(1) 80.25-Recreational Grants
(a) Local Agencies
Operating Park Units
to the City of
Huntington Beach
(4) Item 3790-102-0005, Budget Act of 2000
(Ch. 52, Stats. 2000), (a) 80.25-
Recreational Grants, (5) Murray-Hayden
Grants, as reappropriated by Item 3790-
492, Budget Act of 2007 (Chs. 171 and
172, Stats. 2007), until June 30, 2010
(j) City of Los Angeles: Blythe
Street Pocket Park
(m) City of Los Angeles: Renovation
of Brand Park
(q) City of Los Angeles: Community
Build Youth Center
(dy) City of Los Angeles: South
Central Sport Center
(5) Item 3790-102-0005, Budget Act of 2000
(Ch. 52, Stats. 2000), (a) 80.25-
Recreational Grants, (5) Murray-Hayden
Grants, as reappropriated by Item 3790-
490, Budget Act of 2008 (Chs. 268 and
269, Stats. 2008), until June 30, 2010
(c) City of Richmond: Richmond
Natatorium, to enable seismic
retrofit of the Natatorium
(p) City of Los Angeles: Juntos
Park: outdoor development at a
recently acquired parcel to
serve as a new park
(x) City of Anaheim: Maxwell Park
Expansion Project from 15 to 21
acres
(ix) Santa Monica Mountains
Conservancy: Arroyo
Seco/Confluence Park
(vx) YMCA of San Diego County:
Border View Expansion
(7) Item 3790-102-0005, Budget Act of 2000
(Ch. 52, Stats. 2000), as amended by
Section 12 of Chapter 672 of the
Statutes of 2000, and as reappropriated
by Item 3790-490, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), until
June 30, 2010
(a) 80.25-Recreational Grants
(1) Murray-Hayden Grants
(ey) Concerned Citizens of South
Central Los Angeles:
Acquisition and construction of
Antes Columbus Youth Center,
soccer field, and pocket park
6029--California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund
(1) Subdivision (b) of Section 2 of Chapter
1126 of the Statutes of 2002, as
reappropriated by Item 3790-494, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008), for the grant to the City of San
Jose for the development of Japantown
until June 30, 2010
(2) Subdivision (b) of Section 2 of Chapter
1126 of the Statues of 2002, as
reappropriated by Item 3790-492, Budget
Act of 2007 (Chs. 171 and 172, Stats.
2007), for the grant to the California
State University, Chico Research
Foundation for the design and
construction of the Northern California
Natural History Museum until June 30,
2011
(3) Subdivision (b) of Section 2 of Chapter
1126 of the Statutes of 2002, as
reappropriated by Item 3790-492, Budget
Act of 2007 (Chs. 171 and 172, Stats.
2007), for the grant to the Immigration
Museum/New Americans until June 30, 2011
(4) Paragraph (6) of subdivision (b) of
Section 4 of Chapter 1126 of the
Statutes of 2002 to the City and County
of San Francisco for Golden Gate Park
until June 30, 2011
(5) Paragraph (7) of subdivision (b) of
Section 4 of Chapter 1126 of the
Statutes of 2002 to the County of Los
Angeles for the El Pueblo Cultural and
Performing Arts Center until June 30,
2011
SEC. 227. Item 3790-497 of Section 2.00 of the Budget
Act of 2009 is amended to read:
3790-497--Reversion, Department of Parks and
Recreation. Pursuant to Public Resources Code Section
Recreation. Pursuant to subdivision (d) of Section
5096.341 of the Public Resources Code, as of June 30,
5096.341 (d), as of June 30, 2009, the balances
of the
appropriations provided in
the appropriations provided in the following
the following citations shall revert to the fund from
which the
which the appropriations were made:
0005-- Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund
(1) Item 3790-102-0005, Budget Act of 2000
(Ch. 52, Stats. 2000)
(a) 80.25-Recreational Grants
(1) Competitive grants (non-project
specific)
(c) Non-motorized Trails
Grants, as partially
reappropriated by Item
3790-490, Budget Act of
2008 (Chs. 268 and 269,
Stats. 2008), for a
grant to the San
Dieguito River Park
Joint Powers Authority
(6c) Soccer and baseball fields, as
partially reappropriated by Item
3790-490, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008),
(a) 80.25 Recreational
Grants, (6c) Soccer and baseball
fields, (r) City of Los Angeles,
Boyle Heights Sports Center for
development of sports fields for
both soccer and baseball as
amended by SB 1681, Section 12
of Chapter 672, Statutes of 2000
(2) Item 3790-103-0005, Budget Act of 2000
(Ch. 52, Stats. 2000), Grants (per
capita), as partially reappropriated by
Item 3790-490 of the Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), (4) Item
3790-103-0005, Budget Act of 2000 (Ch.
52, Stats. 2000), Grants (per capita),
County of San Diego for the $1,855,000
grant for the Otay Valley Regional Park
(3) Item 3790-101-0005, Budget Act of 2001
(Ch. 106, Stats. 2001)
(1) 80.25-Recreational Grants
(b) Roberti-Z'berg Harris,
and as partially
reappropriated by Item
3790-490, Budget Act of
2007 (Chs. 171 and 172,
Stats. 2007), (2) Item
3790-101-0005, Budget
Act of 2001 (Ch. 106,
Stats. 2001), (1) 80.25
Recreational Grants,
(b) Roberti-Z'berg
Harris. This
reappropriation is
limited to a $328,770
grant to the County of
Butte.
(4) Item 3790-101-0005, Budget Act of
2001 (Ch. 106, Stats. 2001)
(1) 80.25 Recreational Grants
(d) Zoos and Aquariums
(5) Item 3790-101-0005, Budget Act of 2001
(Ch. 106, Stats. 2001)
(3) 80.28-Local Projects
(a) City and County of San
Francisco: Youngblood
Coleman Soccer Field
(b) City of Montclair:
Soccer Park
(c) Major League Baseball
Urban Youth Foundation:
Major League Baseball
Academy
SEC. 228. Item 3810-001-0140 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3810-001-0140--For support of Santa Monica
Mountains Conservancy, payable from the
California Environmental License Plate Fund...... 247,000
297,000
Schedule:
(1) 10-Santa Monica
Mountains Conservancy.... 1,235,000
1,285,000
(2) Amount payable from the
California Clean Water,
Clean Air, Safe
Neighborhood Parks, and
Coastal Protection Fund
(Item 3810-001-6029)..... -255,000
(3) Amount payable from the
Water Security, Clean
Drinking Water, Coastal
and Beach Protection
Fund of 2002 (Item 3810-
001-6031)................ -245,000
(4) Amount payable from the
Safe Drinking Water,
Water Quality and
Supply, Flood Control,
River and Coastal
Protection Fund of 2006
(Item 3810-001-6051)..... -488,000
Provisions:
1. (a) The Santa Monica Mountains
Conservancy shall not
encumber state-appropriated
funds for the purchase or
acquisition of real property
directly or through any
public agency intermediary,
including the State
Public Works Board, that
requires the payment of
interest costs, or late fees
or penalties, unless the
conservancy certifies all of
the following: (1) that the
purchase is necessary to
implement an acquisition
identified in the high-
priority category of the work
program submitted annually to
the Legislature pursuant to
Section 33208 of the Public
Resources Code, or amendments
made thereto, (2) that the
purchase agreement does not
involve interest payments or
terms in excess of those that
the State Public Works Board
may enter into pursuant to
Section 15854.1 of the
Government Code, and (3) that
the purchase agreement does
not commit the state to
future appropriations.
(b) The Santa Monica Mountains
Conservancy shall report
periodically to the
Legislature, but no less
frequently than twice yearly,
concerning the status of any
purchases certified as
required in (a) and the
amount of state funds thus
far encumbered for interest,
penalties, or other principal
surcharges.
SEC. 229. Item 3810-301-6031 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3810-301-6031--For capital outlay, Santa
Monica Mountains Conservancy, payable from
the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002.... 35,000
Schedule:
(1)
1. 50.20-Capital Outlay and
Local Assistance........... 35,000
Provisions:
1. The Santa Monica Mountains
Conservancy may encumber funds for
either capital outlay or local
assistance grants until June 30,
2012. The conservancy shall not
encumber funds for any grant not
previously approved by the office of
the Attorney General.
2. The Santa Monica Mountains
Conservancy shall issue grants from
this appropriation only in
accordance with the General
Obligation Bond Law and the specific
provisions of the bond funds from
which appropriations have been made,
and according to advice it has
received from the office of the
Attorney General, and, if
appropriate, from the office of the
State Treasurer, respecting the
permissible use of bond funds
available to the conservancy.
3. Any time that the office of the
Attorney General concludes that any
use of bond funds has not been
consistent with the advice provided
by the Attorney General, the Santa
Monica Mountains Conservancy shall
follow the instructions of the
Attorney General with respect to
recovery, refund, or other
settlement.
SEC. 230. Item 3810-491 is added to Section 2.00
of the Budget Act of 2009, to read:
3810-491--Reappropriation, Santa Monica
Mountains Conservancy. Notwithstanding any
other provision of law, the period to
liquidate encumbrances of the appropriations
in the following citations are extended as
specified:
0005--Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection
Bond Fund
(1) Item 3810-301-0005, Budget Act of
2004 (Ch. 208, Stats. 2004), until
June 30, 2011
(1) 50.20.001-Capital Outlay
Acquisitions
0941--Santa Monica Mountains Conservancy
Fund
(1) Reimbursements to Item 3810-301-0941,
Budget Act of 2000 (Ch. 52, Stats.
2000), as reappropriated by Item 3810-
490, Budget Act of 2005 (Chs. 38 and
39, Stats. 2005), and as
reappropriated by Item 3810-491,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008), until June 30, 2010
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) Item 3810-301-6031, Budget Act of
2004 (Ch. 208, Stats. 2004), until
June 30, 2011
(1) 50.20.001-Capital Outlay
Acquisitions
SEC. 231. Item 3850-301-0005 is added to Section 2.00
of the Budget Act of 2009, to read:
3850-301-0005--For capital outlay, Coachella
Valley Mountains Conservancy, payable from
the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund... 343,000
Schedule:
(1) 20-Coachella Valley
Mountains Conservancy
Acquisition and Enhancement
Projects and Costs........... 343,000
Provisions:
1. The funds appropriated in this item
are available for expenditure for
capital outlay or local assistance
until June 30, 2012.
SEC. 232. Item 3850-301-6029 is added to Section 2.00
of the Budget Act of 2009, to read:
3850-301-6029--For capital outlay, Coachella
Valley Mountains Conservancy, payable from
the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection
Fund.......................................... 456,000
Schedule:
(1) 20-Coachella Valley
Mountains Acquisition and
Enhancement Projects and
Costs........................ 456,000
Provisions:
1. The funds appropriated in this item
are available for expenditure for
capital outlay or local assistance
until June 30, 2012.
SEC. 233. Item 3850-301-6051 is added to Section 2.00
of the Budget Act of 2009, to read:
3850-301-6051--For capital outlay, Coachella
Valley Mountains Conservancy, payable from
the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal
Protection Fund of 2006...................... 6,000,000
Schedule:
(1) 20-Coachella Valley
Mountains Acquisition and
Enhancement Projects and
Costs...................... 6,000,000
Provisions:
1. The funds appropriated in this item
are available for expenditure for
capital outlay or local assistance
until June 30, 2012.
SEC. 234. Item 3855-001-0140 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3855-001-0140--For support of Sierra Nevada
Conservancy, payable from the California
Environmental License Plate Fund.............. 3,732,000
4,232,000
Schedule:
(1) 10-Sierra Nevada
Conservancy................. 4,454,000
4,954,000
(2) Reimbursements.............. -200,000
(3) Amount payable from Safe
Drinking Water, Water
Quality and Supply, Flood
Control, River and Coastal
Protection Fund of 2006
(Item 3855-001-6051)........ -522,000
SEC. 235. Item 3855-490 is added to Section 2.00
of the Budget Act of 2009, to read:
3855-490--Reappropriation, Sierra Nevada
Conservancy. Notwithstanding any other
provision of law, the period to liquidate
encumbrances of the following citation is
extended to June 30, 2012:
6051--Safe Drinking Water, Water Quality
and Supply, Flood Control, River and
Coastal Protection Fund of 2006
(1) Item 3855-101-6051, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
SEC. 236. Item 3860-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3860-001-0001--For support of Department
of Water Resources......................... 70,127,000
63,127,000
Schedule:
(1) 10-Continuing
Formulation of the
California Water
Plan................ 87,472,000
94,093,000
(2) 20-Implementation
of the State Water
Resources
Development System.. 5,360,000
(3) 30-Public Safety
and Prevention of
Damage.............. 148,345,000
156,725,000
(4) 35-Central Valley
Flood Protection
Board............... 8,549,000
6,359,000
(5) 40-Services......... 9,660,000
(6) 45-California
Energy Resources
Scheduling (CERS)... 26,098,000
(7) 50.01-Management
and Administration.. 67,155,000
(8) 50.02-Distributed
Management and
Administration...... -67,155,000
(9) Reimbursements...... -45,591,000
-53,591,000
(10) Amount payable from
the California
Environmental
License Plate Fund
(Item 3860-001-
0140)............... -270,000
-330,000
(11) Amount payable from
the Central Valley
Project Improvement
Subaccount (Item
3860-001-0404)...... -1,578,000
-709,000
(12) Amount payable from
the Feasibility
Projects
Subaccount (Item
3860-001-0445)...... -7,000
(13) Amount payable from
the Water
Conservation and
Groundwater
Recharge Subaccount
(Item 3860-001-
0446)............... -125,000
(14) Amount payable from
the Energy
Resources Programs
Account (Item 3860-
001-0465)........... -2,564,000
(15) Amount payable from
the Local Projects
Subaccount (Item
3860-001-0543)...... -101,000
(16) Amount payable from
the Sacramento
Valley Water
Management and
Habitat Protection
Subaccount (Item
3860-001-0544)...... -27,000
(17) Amount payable from
the 1986 Water
Conservation and
Water Quality Bond
Fund (Item 3860-001-
0744)............... -195,000
(18) Amount payable from
the Federal Trust
Fund (Item 3860-001-
0890)............... -13,922,000
-19,242,000
(19) Amount payable from
the Dam Safety Fund
(Item 3860-001-
3057)............... -11,311,000
-11,611,000
(20) Amount payable from
the Department of
Water Resources
Electric Power Fund
(Item 3860-001-
3100)............... -26,098,000
(21) Amount payable from
the Safe Drinking
Water, Clean Water,
Watershed
Protection, and
Flood Protection
Bond Fund (Item
3860-001-6001)...... -1,029,000
(22) Amount payable from
the Flood
Protection Corridor
Subaccount (Item
3860-001-6005)...... -150,000
(23) Amount payable from
the Urban Stream
Restoration
Subaccount (Item
3860-001-6007)...... -33,000
(24) Amount payable from
the Yuba Feather
Flood Protection
Subaccount (Item
3860-001-6010)...... -281,000
(25) Amount payable from
the Water
Conservation
Account (Item 3860-
001-6023)........... -849,000
(26) Amount payable from
the Conjunctive Use
Subaccount (Item
3860-001-6025)...... -1,503,000
(27) Amount payable from
the Bay-Delta
Multipurpose Water
Management
Subaccount (Item
3860-001-6026)...... -5,966,000
(28) Amount payable from
the Interim Water
Supply and Water
Quality
Infrastructure and
Management
Subaccount (Item
3860-001-6027)...... -2,796,000
(29) Amount payable from
the Water Security,
Clean Drinking
Water, Coastal and
Beach Protection
Fund of 2002 (Item
3860-001-6031)...... -16,082,000
(30) Amount payable from
the Safe Drinking
Water, Water
Quality and Supply,
Flood Control,
River and Coastal
Protection Fund of
2006 (Item 3860-001-
6051)............... -4,143,000
(31) Amount payable from
the Disaster
Preparedness and
Flood Prevention
Bond Fund of 2006
(Item 3860-001-
6052)............... -80,736,000
-87,736,000
Provisions:
1. The amounts appropriated in
Items 3860-001-0001 to 3860-001-
6052, inclusive, shall be
transferred to the Water
Resources Revolving Fund (0691)
for direct expenditure in such
amounts as the Department of
Finance may authorize, including
cooperative work with other
agencies.
2. The funds appropriated in this
item for purposes of subdivision
(n) of Section 75050 of the
Public Resources Code may be
expended only so long as the
United States Bureau of
Reclamation continues to provide
federal funds and continues to
carry out federal actions to
implement the settlement
agreement in Natural Resources
Defense Council v. Rodgers
(2005) 381 F.Supp.2d 1212.
SEC. 237. Item 3860-001-0140 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3860-001-0140--For support of Department
of Water Resources, for payment to Item
3860-001-0001, payable from the
California Environmental License Plate
Fund...................................... 270,000
330,000
SEC. 238. Item 3860-001-0404 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3860-001-0404--For support of Department
of Water Resources, for payment to Item
3860-001-0001, payable from the Central
Valley Project Improvement Subaccount..... 1,578,000
709,000
SEC. 239. Item 3860-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3860-001-0890--For support of Department
of Water Resources, for payment to Item
3860-001-0001, payable from the Federal
Trust Fund................................ 13,922,000
19,242,000
SEC. 240. Item 3860-001-3057 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3860-001-3057--For support of Department
of Water Resources, for payment to Item
3860-001-0001, payable from the Dam
Safety Fund............................... 11,311,000
11,611,000
SEC. 241. Item 3860-001-6052 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3860-001-6052--For support of Department
of Water Resources, for payment to Item
3860-001-0001, payable from the Disaster
Preparedness and Flood Prevention Bond
Fund of 2006 .............................. 80,736,000
87,736,000
Provisions:
1. Of the amount appropriated in
this item, $11,588,000 for the
California Flood SAFE Program
shall be available for
encumbrance or expenditure
until June 30, 2012.
SEC. 242. Item 3860-101-0544 of Section 2.00 of
the Budget Act of 2009 is repealed.
3860-101-0544--For local assistance,
Department of Water Resources, payable
from the Sacramento Valley Water
Management and Habitat Protection
Subaccount................................ 8,000,000
SEC. 243. Item 3860-101-6025 is added to Section
2.00 of the Budget Act of 2009, to read:
3860-101-6025--For local assistance,
Department of Water Resources, payable
from the Conjunctive Use Subaccount....... 218,000
SEC. 244. Item 3860-101-6052 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3860-101-6052--For local assistance,
Department of Water Resources, payable from
the Disaster Preparedness and Flood 176,500,00
Prevention Bond Fund of 2006................
181,500,0
0
0
Provisions:
1. Of the funds appropriated in
this item, $5,000,000 shall be
available for planning,
design, and studies for the
Pajaro River Flood Control
Project. Funding provided in
this item is made in
consideration of, and shall be
contingent upon, the
identification of federal
American Recovery and
Reinvestment Act funding for
the project. To the extent the
funds appropriated in this
item are used for design of
the project, the funds shall
be considered as the state
share of cost toward the
nonfederal share of the
Project.
SEC. 245. Item 3860-301-6052 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3860-301-6052--For capital outlay,
Department of Water Resources, payable
from the Disaster Preparedness and Flood
Prevention Bond Fund of 2006.............. 115,590,000
123,840,000
Schedule:
(1) 30.95.115-American
River Flood Control
Project: Common
Elements............ 10,801,000
(2) 30.95.260-South
Sacramento County
Streams............. 4,351,000
10,351,000
(3) 30.95.311-Folsom
Dam Modifications
Project............. 67,448,000
(4) 30.95.341-System
Evaluation of the
State Plan of
Flood Control....... 35,200,000
(5) 30.95.342-Sutter
Bypass Pumping
Plants Control
Systems............. 7,122,000
(5.5) 30.95.343-Sutter
Bypass East Water
Control Structure... 3,992,000
(6) 30.95.344-Knights
Landing Outfall
Gates
Rehabilitation...... 10,273,000
(7) 30.95.345-
Sacramento Yard--
Soil and
Groundwater
Investigation and
Remediation......... 5,050,000
(8) Reimbursements--
Folsom Dam
Modifications
Project............. -20,192,000
(9) Reimbursements--
South Sacramento
County Streams...... -1,263,000
-3,005,000
(10) Reimbursements--
American River
Flood Control
Project: Common
Elements............ -3,200,000
Provisions:
1. The funds appropriated in this
item may be expended for
relocations and acquisition of
land, easements, and rights-of-
way, including, but not limited
to, borrow pits, spoil areas,
and easements for levees,
clearing, flood control
works, and flowage, and for
appraisals, surveys, and
engineering studies necessary
for the completion or operation
of the projects in the
Sacramento and San Joaquin
watersheds as authorized by
Section 8617.1 and Chapters 1
(commencing with Section
12570), 2 (commencing with
Section 12639), 3 (commencing
with Section 12800), 3.5
(commencing with Section
12840), and 4 (commencing with
Section 12850) of Part 6 of
Division 6 of the Water Code.
Notwithstanding paragraph (1)
of subdivision (a) of Section
12582.7 and Section 12585.5 of
the Water Code, prior to state
and federal authorization of
the project and appropriation
of federal construction funds
by Congress and subsequent to
submittal of a report to the
Legislature pursuant to Section
12582.7 of the Water Code, the
amounts appropriated in this
item may be expended for state
costs associated with
preconstruction design and
engineering work conducted by
the federal government and
others.
2. The amounts appropriated in
this item are also for advances
to the federal government or
payments to the federal
government or others for
incidental construction or
reconstruction items that are
an obligation of the state in
connection with the completion
or operation of the projects
and for materials and necessary
construction, reconstruction,
relocation, or alterations to
highways, railroads, bridges,
power lines, communication
lines, pipelines, irrigation
works, and other structures and
facilities and for appraisals,
surveys, and engineering
studies incidental thereto.
3. The funds appropriated in this
item include funding for
preliminary plans, working
drawings, construction
supervision, contract
administration, and other
work activities to be performed
by Department of Water
Resources personnel in
completion of the projects.
4. The funds appropriated in this
item may be used to implement
the above projects by arranging
to perform work which is a
federal responsibility prior to
the availability of federal
appropriations with the
intention that the costs will
be reimbursed or eligible for
credit by the federal
government as provided in
Public Law 99-662, Section 104,
November 17, 1986, or Public
Law 90-488, Section 215, August
13, 1968.
5. Notwithstanding Section 26.00,
funds may be transferred, with
the approval of the Department
of Finance, between projects
specified in this item and
other Department of Water
Resources major capital outlay
projects with an active
appropriation. The Director of
Finance shall notify, in
writing, the chairpersons of
the committees in each house of
the Legislature that consider
appropriations and the
Chairperson of the Joint
Legislative Budget Committee,
within 30 days or such lesser
time as the C c hairperson
of the
Joint Legislative Budget
C j o int co
mmittee, or his or her
designee, may determine, prior
to any transfer.
6. Payments from a local sponsor
to pay for obligations that are
federal obligations may be
received by the Department of
Water Resources and advanced to
the federal government with the
intent that the costs shall be
reimbursed or eligible for
credit.
SEC. 246. Item 3860-490 is added to Section 2.00
of the Budget Act of 2009, to read:
3860-490--Reappropriation, Department of Water
Resources. The balances of the appropriations
provided in the following citations are
reappropriated for the purposes provided for in
those appropriations and shall be available for
encumbrance or expenditure until June 30, 2011:
0001--General Fund
(1) Item 3860-301-0001, Budget Act of 1997
(Ch. 282, Stats. 1997), as
reappropriated by Item 3860-490, Budget
Act of 2000 (Ch. 52, Stats. 2000), Item
3860-490, Budget Act of 2001 (Ch. 106,
Stats. 2001), Item 3860-492, Budget Act
of 2002 (Ch. 379, Stats. 2002), and
Item 3860-490, Budget Act of 2005 (Chs.
38 and 39, Stats. 2005)
(5) 30.95.220-Upper Sacramento
Area Levee Reconstruction
Project
(9) Reimbursements--Upper
Sacramento Area Levee
Reconstruction Project
(2) Item 3860-301-0001, Budget Act of 2001
(Ch. 106, Stats. 2001), as
reappropriated by Item 3860-490, Budget
Act of 2004 (Ch. 208, Stats. 2004), and
Item 3860-492, Budget Act of 2007 (Chs.
171 and 172, Stats. 2007)
(1.5) 30.95.030.201-Merced County
Streams, Castle Dam Unit
(2.5) 30.95.215.201-Lower
Sacramento Area
Reconstruction Project
(4.5) 30.95.295.201-Tehama Section
205 Flood Control Project
(17.5) Reimbursements-Tehama Flood
Control Project
(19) Reimbursements-Merced County
Streams, Castle Dam Unit
(3) Item 3860-301-0001, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
(4) 30.95.245-American River
Flood Control Project-
-Natomas Features
(6) 30.95.330-American River
Watershed, Folsom Dam Raise
Project, Bridge Element
(10) Reimbursements-American
River Watershed, Folsom Dam
Raise Project, Bridge Element
SEC. 247. Item 3860-491 is added to Section 2.00 of the
Budget Act of 2009, to read:
3860-491--Reappropriation, Department of
Water Resources. Notwithstanding any other
provision of law, the period to liquidate
encumbrances of the following citations is
extended to June 30, 2011:
0001--General Fund
(1) Item 3860-301-0001, Budget Act of
2000 (Ch. 52, Stats. 2000), as
extended by Item 3860-492, Budget Act
of 2005 (Chs. 38 and 39, Stats.
2005), and Item 3860-493, Budget Act
of 2007 (Chs. 171 and 172, Stats.
2007)
(2) 30.95.030-Merced County Streams
SEC. 248. Item 3860-492 is added to Section 2.00 of the
Budget Act of 2009, to read:
3860-492--Reappropriation, Department of Water
Resources. The balances of the appropriations
provided for in the following citations are
reappropriated for the purposes provided for
in those appropriations and shall be available
for encumbrance or expenditure until June 30,
2011:
6005--Flood Protection Corridor Subaccount
(1) Item 3860-001-6005, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), for
the Flood Protection Corridor Program
6010--Yuba Feather Flood Protection
Subaccount
(1) Item 3860-101-6010, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 3860-491,
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005), for the Yuba Feather
Flood Protection Program
6026--Bay-Delta Multipurpose Water
Management Subaccount
(1) Item 3860-001-6026, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), for
the CALFED Conveyance and Drinking
Water Quality Programs
(2) Item 3860-001-6026, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), for
the CALFED Conveyance and Drinking
Water Quality Programs
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) Item 3860-101-6031, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
reappropriated by Item 3860-491,
Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006), for Desalinization
(2) Item 3860-001-6031, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), for
the CALFED Water Quality Program
(3) Item 3860-101-6031, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), for
the Integrated Regional Water
Management Program
6051--Safe Drinking Water, Water Quality
and Supply, Flood Control, River and
Coastal Protection Fund of 2006
(1) Item 3860-001-6051, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), for
the Flood Protection Corridor Program
(2) Item 3860-101-6051, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), for
Programmatic Habitat Restoration,
Flood Protection Corridor Program, and
the Flood Control Project Subventions
6052--Disaster Preparedness and Flood
Prevention Bond Fund of 2006
(1) Item 3860-001-6052, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), for
Sediment Removal
(2) Item 3860-001-6052, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), for
Sycamore Creek, California Flood Plan,
and the Flood Protection Corridor
Program
(3) Item 3860-101-6052, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), for
the State-Federal Flood Control System
Modifications and the Floodway
Protection Corridor Program
SEC. 249. Item 3860-493 is added to Section 2.00 of the
Budget Act of 2009, to read:
3860-493--Reappropriation, Department of Water
Resources. Notwithstanding any other provision
of law, the period to liquidate encumbrances
of the following citations is extended to June
30, 2011:
0001--General Fund
(1) Item 3860-101-0001, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), for
Delta Levees Special Projects
0543--Local Projects Subaccount
(1) Item 3860-101-0543, Budget Act of 2000
(Ch. 52, Stats. 2000), as
reappropriated by Item 3860-492,
Budget Acts of 2003 (Ch. 157, Stats.
2003) and 2005 (Chs. 38 and 39, Stats.
2005), and Item 3860-491, Budget Act
of 2007 (Chs. 171 and 172, Stats.
2007), for the Local Project Loan and
Grant Program
(2) Item 3860-101-0543, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 3860-491,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007), for the Local Project
Loan and Grant Program
6005--Flood Protection Corridor Subaccount
(1) Item 3860-101-6005, Budget Act of 2000
(Ch. 52, Stats. 2000), as
reappropriated by Item 3860-492,
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005), and Item 3860-491,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007), for the Flood Protection
Corridor Program
6010--Yuba Feather Flood Protection
Subaccount
(1) Item 3860-101-6010, Budget Act of 2002
(Ch. 379, Stats. 2002), as
reappropriated by Item 3860-492,
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005), and Item 3860-491,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007), for the Yuba Feather
Flood Protection Program
6023--Water Conservation Account
(1) Item 3860-101-6023, Budget Act of 2002
(Ch. 379, Stats. 2002), as
reappropriated by Item 3860-492,
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005), and Item 3860-491,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007), for the Infrastructure
Rehabilitation Program
(2) Item 3860-101-6023, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 3860-491,
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005), for the Infrastructure
Rehabilitation Program and Groundwater
Recharge Loan Program
6025--Conjunctive Use Subaccount
(1) Item 3860-101-6025, Budget Act of 2000
(Ch. 52, Stats. 2000), as
reappropriated by Item 3860-492,
Budget Acts of 2003 (Ch. 157, Stats.
2003) and 2005 (Chs. 38 and 39, Stats.
2005), and Item 3860-491, Budget Act
of 2007 (Chs. 171 and 172, Stats.
2007), for the Groundwater Storage
Program
(2) Item 3860-101-6025, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 3860-491,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007), for the Groundwater
Storage Program
(3) Item 3860-101-6025, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), for the
Groundwater Storage Program
6026--Bay Delta Multipurpose Water
Management Subaccount
(1) Item 3860-001-6026, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 3860-491,
Budget Acts of 2005 (Chs. 38 and 39,
Stats. 2005) and 2007 (Chs. 171 and
172, Stats. 2007), for the Drinking
Water Quality Program
(2) Item 3860-001-6026, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), for the
Drinking Water Quality Program
6027--Interim Water Supply and Water
Quality Infrastructure and Management
Subaccount
(1) Item 3860-101-6027, Budget Act of 2002
(Ch. 379, Stats. 2002), as
reappropriated by Item 3860-492,
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005), and Item 3860-491,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007), for the Interim Reliable
Water Supply Program
(2) Item 3860-101-6027, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), for the
Interim Reliable Water Supply Program
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) Item 3860-101-6031, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 3860-491,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007), for the Drought Panel
Recommendations Program
SEC. 250. Item 3860-495 is added to Section 2.00 of the
Budget Act of 2009, to read:
3860-495--Reversion, Department of Water Resources. As
of June 30, 2009, the amounts provided in the following
citations shall revert to the fund balances of the
funds from which the appropriations were made:
6023--Water Conservation Account
(1) Item 3860-101-6023, Budget
Act of 2004 (Ch. 208,
Stats. 2004), as
reappropriated by Item
3860-491, Budget Act of
2005 (Chs. 38 and 39,
Stats. 2005), partially
reverted by Item 3860-495,
Budget Act of 2006 (Chs.
47 and 48, Stats. 2006).... 1,098,393
(2) Item 3860-101-6023, Budget
Act of 2006 (Chs. 47 and
48, Stats. 2006), as
reappropriated by Item
3860-490, Budget Act of
2007 (Chs. 171 and 172,
Stats. 2007)............... 14,999,000
6031--Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002
(1) Item 3860-001-6031, Budget
Act of 2003 (Ch. 157,
Stats. 2003) as
reappropriated by Item
3860-491, Budget Act of
2004 (Ch. 208, Stats.
2004), and Budget Act of
2006 (Chs. 47 and 48,
Stats. 2006), and Item
3860-492, Budget Act of
2008 (Chs. 268 and 269,
Stats. 2008)............... 25,141,445
(2) Item 3860-101-6031, Budget
Act of 2003 (Ch. 157,
Stats. 2003) as
reappropriated by Item
3860-491, Budget Act of
2004 (Ch. 208, Stats.
2004), Budget Act of 2006
(Chs. 47 and 48, Stats.
2006), and by Item 3860-
492 Budget Act of 2008
(Chs. 268 and 269, Stats.
2008)...................... 6,886,269
(3) Item 3860-001-6031, Budget
Act of 2007 (Chs. 171 and
172, Stats. 2007), as
reappropriated by Item
3860-492, Budget Act of
2008 (Chs. 268 and 269,
Stats. 2008)............... 4,590,871
SEC. 251. Item 3900-101-6051 is added to Section 2.00
of the Budget Act of 2009, to read:
3900-101-6051--For local assistance, State
Air Resources Board, payable from the Safe
Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection
Fund of 2006................................ 12,000,000
Schedule:
(1) Grants............... 12,000,000
SEC. 252. Item 3900-490 is added to Section 2.00 of the
Budget Act of 2009, to read:
3900-490--Reappropriation, Air Resources
Board. The balances of the appropriations
provided in the following citations are
reappropriated for the purposes provided for
in those appropriations and shall be available
for encumbrance until June 30, 2010.
Notwithstanding Section 16304.1 of the
Government Code, the funds shall be available
for disbursements in liquidation of
encumbrances until June 30, 2016. This item
conforms to the appropriation to Section
39626.5 of the Health and Safety Code, added
by Chapter 181 of the Statutes of 2007.
6054--California Ports Infrastructure,
Security and Air Quality Improvement
Account, Highway Safety, Traffic
Reduction, Air Quality, and Port Security
Fund of 2006
(1) Item 3900-001-6054, Budget Act of 2008
(Chs. 268 and 268, Stats. 2008)
SEC. 253. Item 3910-001-0387 of Section 2.00 of the
Budget Act of 2009 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.. 45,559,000
Schedule:
(1) 11-Waste Reduction
and Management...... 93,940,000
94,066,000
(2) 30.01-
Administration...... 9,935,000
(3) 30.02-Distributed
Administration...... -9,935,000
(4) Reimbursements...... -2,005,000
(5) Amount payable from
the California Used
Oil Recycling
Fund (Item 3910-001-
0100)............... -5,096,000
(6) Amount payable from
the California Used
Oil Recycling Fund
(paragraph (4) of
subdivision (a) of
Section 48653 of
the Public
Resources Code)..... -192,000
(7) Amount payable from
the California Used
Oil Recycling Fund
(paragraph (1) of
subdivision (a) of
Section 48653 of
the Public
Resources Code). -3,800,000
(8) Amount payable from
the California Tire
Recycling
Management Fund
(Item 3910-001-
0226)............... -29,018,000
(9) Amount payable from
the Recycling
Market Development
Revolving Loan
Account, Integrated
Waste Management
Fund (Item 3910-001-
0281)............... -1,003,000
(10) Amount payable from
the Solid Waste
Disposal Site
Cleanup Trust Fund
(Item 3910-001-
0386)............... -610,000
(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)........... -1,139,000
(13) Amount payable from
the Federal Trust
Fund (Item 3910-001-
0890)............... -275,000
-401,000
(14) Amount payable from
the Rigid Container
Account (Item 3910-
001-3024)........... -165,000
(15) Amount payable from
the Electronic
Waste Recovery and
Recycling Account
(Item 3910-001-
3065)............... -4,438,000
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. 254. Item 3910-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3910-001-0890--For support of California
Integrated Waste Management Board, for
payment to Item 3910-001-0387, payable
from the Federal Trust Fund............... 275,000
401,000
SEC. 255. Item 3930-001-0106 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3930-001-0106--For support of Department
of Pesticide Regulation, payable from the
Department of Pesticide Regulation Fund... 50,422,000
48,598,000
Schedule:
(1) 10-Pesticide
Programs............ 53,444,000
52,078,000
(2) 20.01-
Administration...... 10,568,000
10,135,989
(3) 20.02-Distributed
Administration...... -10,568,000
-10,135,989
(4) Reimbursements...... -765,000
(4.5) Amount payable from
the California
Environmental
License Plate Fund
(Item 3930-001-
0140)............... -458,000
(5) Amount payable from
the Federal Trust
Fund (Item 3930-001-
0890)............... -2,257,000
Provisions:
1. The amount appropriated in this
item includes revenues derived
from the assessment of fines
and penalties imposed as
specified in Section 13332.18
of the Government Code.
SEC. 256. Item 3930-001-0140 is added to Section
2.00 of the Budget Act of 2009, to read:
3930-001-0140--For support of Department
of Pesticide Regulation, for payment to
Item 3930-001-0106, payable from the
California Environmental License Plate
Fund...................................... 458,000
SEC. 257. Item 3940-001-0235 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3940-001-0235--For support of State Water
Resources Control Board, for payment to
Item 3940-001-0439, payable from the
Public Resources Account, Cigarette and
Tobacco Products Surtax Fund.............. 2,342,000
2,039,000
SEC. 258. Item 3940-001-0439 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3940-001-0439--For support of State Water
Resources Control Board................... 267,394,000
238,113,000
Schedule:
(1) 10-Water Quality.... 452,124,000
439,650,000
(2) 20-Water Rights..... 11,658,000
(3) 30.01-
Administration...... 20,886,000
(4) 30.02-Distributed
Administration...... -20,886,000
(5) Reimbursements...... -8,062,000
-8,932,000
(6) Amount payable from
the General Fund
(Item 3940-001-
0001)............... -40,575,000
(7) Amount payable from
the Unified Program
Account (Item 3940-
001-0028)........... -621,000
(8) Amount payable from
the Waste Discharge
Permit Fund (Item
3940-001-0193)...... -78,768,000
(9) Amount payable from
the Marine Invasive
Species Control
Fund (Item 3940-001-
0212)............... -103,000
(10) Amount payable from
the Public
Resources Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
3940-001-0235)...... -2,342,000
-2,039,000
(11) Amount payable from
the Integrated
Waste Management
Account, Integrated
Waste Management
Fund (Item 3940-001-
0387)............... -6,757,000
(12) Amount payable from
the Water Recycling
Subaccount (Item
3940-001-0419)...... -1,150,000
(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)...... -222,000
(15) Amount payable from
the Underground
Storage Tank Tester
Account (Item 3940-
001-0436)........... -64,000
(16) Amount payable from
the 1984 State
Clean Water Bond
Fund (Item 3940-001-
0740)............... -322,000
(17) Amount payable from
the Federal Trust
Fund (Item 3940-001-
0890)............... -35,113,000
-51,353,000
(18) Amount payable from
the Water Rights
Fund (Item 3940-001-
3058)............... -7,447,000
(19) Amount payable from
the Watershed
Protection
Subaccount (Item
3940-001-6013)...... -250,000
(20) Amount payable from
the Santa Ana River
Watershed
Subaccount (Item
3940-001-6016)...... -250,000
(21) Amount payable from
the Lake Elsinore
and San Jacinto
Watershed
Subaccount (Item
3940-001-6017)...... -150,000
(22) Amount payable from
the Nonpoint Source
Pollution Control
Subaccount (Item
3940-001-6019)...... -200,000
(23) Amount payable from
the State Revolving
Fund Loan
Subaccount (Item
3940-001-6020)...... -81,000
(24) Amount payable from
the Wastewater
Construction Grant
Subaccount (Item
3940-001-6021)...... -23,000
(25) Amount payable from
the Coastal
Nonpoint Source
Control Subaccount
(Item 3940-001-
6022)............... -150,000
(26) Amount payable from
the Water Security,
Clean Drinking
Water, Coastal and
Beach Protection
Fund of 2002 (Item
3940-001-6031)...... -3,000,000
(27) 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
(28) Amount payable from
the Petroleum
Underground Storage
Tank Financing
Account (Item 3940-
001-8026)........... -618,000
(29) Amount payable from
the State Water
Pollution Control
Revolving Fund
Administration Fund
(Item 3940-001-
9739)............... -5,532,000
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.
SEC. 259. Item 3940-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3940-001-0890--For support of State Water
Resources Control Board, for payment to
Item 3940-001-0439, payable from the
Federal Trust Fund........................ 35,113,000
51,353,000
SEC. 260. Item 3940-011-0439 is added to Section
2.00 of the Budget Act of 2009, to read:
3940-011-0439--For transfer by the
Controller from the Underground Storage
Tank Cleanup Fund to the Underground
Storage Tank Cleanup Fund, School
District Account.......................... (10,000,000)
SEC. 261. Item 3940-012-0439 is added to Section 2.00
of the Budget Act of 2009, to read:
3940-012-0439--For transfer by the
Controller from the Underground Storage
Tank Cleanup Fund to the Underground
Storage Tank Petroleum Contamination
Orphan Site Cleanup Fund.................. (20,000,000)
SEC. 262. Item 3940-101-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3940-101-0001--For local assistance, State Water
Resources Control Board.............................. 0
Schedule:
(1) 10-Water Quality......... 12,500,000
42,500,000
(1.1) Amount payable from the
School District Account,
Underground Storage Tank
Cleanup Fund (Item 3940-
101-3134)................ -10,000,000
(1.2) Amount payable from the
Underground Storage Tank
Petroleum Contamination
Orphan Site Cleanup Fund
(Item 3940-101-3145)..... -20,000,000
(2) Amount payable from the
State Water Pollution
Control Revolving Fund
Control Small
Community Grant
Fund (Item 3940-101-
Communities Grant Fund
3147)....................
-1,000,000
(Item 3940-101-3147)..... -1,000,000
(3) Amount payable from the
Petroleum Underground
Storage Tank Financing
Account (Item 3940-101-
8026).................... -11,500,000
SEC. 263. Item 3940-101-3134 is added to Section
2.00 of the Budget Act of 2009, to read:
3940-101-3134--For local assistance,
State Water Resources Control Board, for
payment to Item 3940-101-0001, payable
from the School District Account in the
Underground Storage Tank Cleanup Fund .... 10,000,000
SEC. 264. Item 3940-101-3145 is added to Section 2.00
of the Budget Act of 2009, to read:
3940-101-3145--For local assistance,
State Water Resources Control Board, for
payment to Item 3940-101-0001, payable
from the Underground Storage Tank
Petroleum Contamination Orphan Site
Cleanup Fund.............................. 20,000,000
SEC. 265. Item 3940-496 is added to Section 2.00 of the
Budget Act of 2009, to read:
3940-496--Reversion, State Water Resources Control
Board. As of June 30, 2009, the unencumbered balances
of the appropriations provided in the following
citations shall revert to the balance of the fund
from which the appropriations were made:
6029--California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund
(1) $646,000 or the unencumbered balance of
funds appropriated by Chapter 727 of the
Statutes of 2002, as reappropriated by
Item 3940-490, Budget Act of 2007 (Chs.
171 and 172, Stats. 2007), corresponding
to the following allocation:
(1) Clean Beaches
Program.............. 78,000
(2) Small Community
Wastewater Grant
Program.............. 14,000
(3) Urban Storm Water
Grant Program........ 64,000
(4) Nonpoint Source
Pollution Control
Program.............. 12,000
(5) Agricultural Water
Quality Grant
Program.............. 8,000
(6) Small Community
Groundwater Grant
Program.............. 186,000
(7) Integrated Watershed
Management Plans:
General.............. 134,000
(8) Integrated Watershed
Management Plans:
Groundwater.......... 150,000
6031--Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002
(1) $25,538,000 or the unencumbered balance of
funds from Item 3940-101-6031, Budget Act
of 2003 (Ch. 157, Stats. 2003), as
reappropriated by Item 3940-491, Budget
Act of 2004 (Ch. 208, Stats. 2004), from
bond allocation:
(1) 79540(a)-Clean Water
and Water Quality.... 1,144,000
(2) 79543(1)-Santa
Monica Bay
Restoration.......... 200,000
(3) 79543(1)-Santa
Monica Bay
Restoration.......... 298,000
(4) 79564.1(a)(1)-
Integrated Regional
Water Management
Southern California.. 12,102,000
(5) 79564.1(a)(2)-
Integrated Regional
Water Management
Northern California.. 11,794,000
(2) $78,000 or the unencumbered balance of
funds from Item 3940-001-6031, Budget Act
of 2006 (Chs. 47 and 48, Stats. 2006),
corresponding to the following allocation:
(1) 79543-Coastal Water
Quality.............. 51,000
(2) 79564.1(a)(1)-
Integrated Regional
Water Management
Southern California.. 5,000
(3) 79564.1(a)(2)-
Integrated Regional
Water Management
Northern California.. 5,000
(4) 79550(g)-Urban and
Agriculture Water
Conservation,
Recycling, and Other
Water Use Efficiency. 17,000
(3) $858,000 or the unencumbered balance of
funds from Item 3940-001-6031, Budget Act
of 2007, (Chs. 171 and 172, Stats. 2007),
corresponding to the following allocation:
(1) 79543-Coastal Water
Quality.............. 40,000
(2) 79543(1)-Santa
Monica Bay
Restoration.......... 588,000
(3) 79564.1(a)(1)-
Integrated Regional
Water Management
Southern California.. 86,000
(4) 79564.1(a)(2)-
Integrated Regional
Water Management
Northern California.. 86,000
(5) 79550(g)-Urban and
Agriculture Water
Conservation,
Recycling, and Other
Water Use Efficiency. 58,000
SEC. 266. Item 3960-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3960-001-0001--For support of Department
of Toxic Substances Control, for payment
to Item 3960-001-0014...................... 22,275,000
18,258,000
Provisions:
1. The Director of Toxic
Substances Control may expend
from this item: (a) $11,690,000
$11,690,000 for the following
activities
a c t ivities at
the federal
Stringfellow
S tringfellow S uperfund site:
(a) operation
(1) operation and maintenance of
of pretreatment plants to
treat
treat contaminated groundwater
extracted from the site, ( 2 b
)
site maintenance and
groundwater monitoring, and
( 3 c ) implementation of
work to
stabilize the site, and (b)
$3,112,000 for the operation
of the Illegal Drug Laboratory
Removal Program.
stabilize the site.
2. Notwithstanding any other
provision of law, the funds
appropriated for removal and
remedial action at the federal
Stringfellow Superfund site
shall be available for
encumbrance for three fiscal
years subsequent to the fiscal
year in which the funds are
appropriated, and
disbursements in liquidation
of encumbrances shall be
pursuant to Section
16304.1 of the Government Code.
3. Of the amount appropriated in
this item, $750,000 shall be
used for the purposes of
emergency response activity
pursuant to Section 25354 of
the Health and Safety Code, in
lieu of the appropriation made
pursuant to that section.
4. The amount appropriated in
this item includes $5,462,000
this item includes $6,568,000
for emergency response
activities at the BKK
Landfill. This appropriation
is subject to the condition
that, to the extent that funds
are expended for purposes for
which any private or public
entity is or may be held
financially liable, the
Department of Toxic Substances
Control shall take all
reasonable actions to recover
the amount of that expenditure
from one or more of those
entities, and that the amounts
so recovered be paid to the
General Fund in reimbursement
of the amount of that
expenditure. Additionally,
those recovered funds shall be
spent before funds from the
General Fund, consistent with
the language in any settlement
agreements between the
department and the potentially
responsible parties.
5. As of June 30, 20 1 0 9 ,
or
earlier, any unspent funds in
Provision 4 shall revert to
the General Fund if the
Director of Toxic Substances
Control and the Director of
Finance agree that sufficient
funds have been provided by
the other potentially
responsible parties.
6. The Director of Toxic
Substances Control shall send
a letter notifying the
chairpersons of the fiscal
committees of each house of
the Legislature that act on
the department's budget and
the Legislative Analyst's
Office within 30 days of
receiving any moneys from
potentially responsible
parties for the BKK Landfill.
SEC. 267. Item 3960-001-0014 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3960-001-0014--For support of Department
of Toxic Substances Control, payable from
the Hazardous Waste Control Account........ 50,290,000
Schedule:
(1) 12-Site Mitigation
and Brownfields
Reuse............... 92,608,000
(2) 13-Hazardous Waste
Management.......... 65,141,000
(3) 19.01-
Administration...... 33,198,000
(4) 19.02-Distributed
Administration...... -33,198,000
(5) 20-Science,
Pollution
Prevention and
Technology.......... 19,715,000
(6) 21-State Certified
Unified Program..... 1,964,000
(7) Reimbursements...... -12,869,000
(8) Amount payable from
General Fund (Item
3960-001-0001)...... -22,275,000
-18,258,000
(9) Amount payable from
Unified Program
Account (Item 3960-
001-0028)........... -1,003,000
(10) Amount payable from
Illegal Drug Lab
Cleanup Account
(Item 3960-001-
0065)............... -2,018,000
(11) Amount payable from
California Used Oil
Recycling Fund
(Item 3960-001-
0100)............... -418,000
(12) Amount payable from
Toxic Substances
Control Account
(Item 3960-001-
0557)............... -54,238,000
-58,255,000
(13) Amount payable from
Federal Trust Fund
(Item 3960-001-
0890)............... -30,983,000
(14) Amount payable from
Environmental
Quality Assessment
Fund (Item 3960-001-
3035)............... -560,000
(15) Amount payable from
Electronic Waste
Recovery and
Recycling Account
(Item 3960-001-
3065)............... -2,810,000
(16) Amount payable from
State Certified
Unified Program
Agency Account
(Item 3960-001-
3084)............... -1,964,000
Provisions:
1. Notwithstanding any other
provision of law, upon approval
and order of the Director of
Finance, the Department of Toxic
Substances Control may borrow
sufficient funds from special
funds that otherwise provide
support for the department for
cashflow purposes. Any such
loans are to be repaid with
interest at the rate earned by
the Pooled Money Investment
Account.
2. Notwithstanding any other
provision of law, upon request
of the Director of Toxic
Substances Control, and approval
of the Department of Finance,
the Controller shall increase
the appropriation in this item
in an amount necessary to pay
the State Board of Equalization
any additional costs the board
may incur to make refunds
required by Chapter 737 of the
Statutes of 1998, provided
sufficient funds are
available for such purposes and
the board provides workload
information that justifies the
increase.
SEC. 268. Item 3960-001-0557 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3960-001-0557--For support of Department
of Toxic Substances Control, for payment
to Item 3960-001-0014, payable from the
Toxic Substances Control Account........... 54,238,000
58,255,000
Provisions:
1. The amount appropriated in
this item includes revenues
derived from the assessment of
fines and penalties imposed as
specified in Section 13332.18
of the Government Code.
2. The amount appropriated in
this item includes state
oversight costs at military
installations. The expenditure
of these funds shall not
relieve the federal government
of the responsibility to pay
for all state oversight costs.
The Department of Toxic
Substances Control shall take
all steps necessary to recover
these costs from the
federal government, including,
but not limited to, filing
civil actions authorized by
state and federal law.
3. The Director of Toxic
Substances Control may expend
from this Item $2,833,000 for
the operation of the Illegal
Drug Laboratory Removal
Program.
4. Of the amount appropriated in
this item, $1,184,000 shall be
used for the purposes of
emergency response activity
pursuant to Section 25354 of
the Health and Safety Code in
lieu of the appropriation made
pursuant to that section.
SEC. 269. Item 3980-001-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3980-001-0001--For support of Office of
Environmental Health Hazard Assessment....... 8,340,000
2,543,000
Schedule:
(1) 10-Health Risk
Assessment............ 19,809,000
21,633,000
(2) Reimbursements........ -3,387,000
(3) Amount payable from
the Unified Program
Account (Item 3980-
001-0028)............. -141,000
(4) Amount payable from
the Motor Vehicle
Account, State
Transportation Fund
(Item 3980-001-
0044)................. -2,557,000
-3,793,000
(5) Amount payable from
the California Used
Oil Recycling Fund
(Item 3980-001-0100).. -582,000
(6) Amount payable from
the Department of
Pesticide Regulation
Fund (Item 3980-001-
0106)................. -1,026,000
-3,460,000
(6.5) Amount payable from
the Air Pollution
Control Fund (Item
3980-001-0115)........ -586,000
(7) Amount payable from
the California
Environmental License
Plate Fund (Item 3980-
001-0140)............. -893,000
(7.5) Amount payable from
the Fish and Game
Preservation Fund
(Item 3980-001-0200).. -359,000
(8) Amount payable from
the Oil Spill
Prevention and
Administration Fund
(Item 3980-001-0320).. -125,000
(9) Amount payable from
the Integrated Waste
Management Account
(Item 3980-001-0387).. -359,000
(10) Amount payable from
the Toxic Substances
Control Account (Item
3980-001-0557)........ -558,000
-693,000
(11) Amount payable from
the Federal Trust
Fund (Item 3980-001-
0890)................. -414,000
(12) Amount payable from
the Safe Drinking
Water and Toxic
Enforcement Fund
(Item 3980-001-3056).. -1,427,000
-4,298,000
SEC. 270. Item 3980-001-0044 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3980-001-0044--For support of Office of
Environmental Health Hazard Assessment,
for payment to Item 3980-001-0001,
payable from the Motor Vehicle Account,
State Transportation Fund................. 2,557,000
3,793,000
SEC. 271. Item 3980-001-0106 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3980-001-0106--For support of Office of
Environmental Health Hazard Assessment,
for payment to Item 3980-001-0001,
payable from the Department of Pesticide
Regulation Fund........................... 1,026,000
3,460,000
SEC. 272. Item 3980-001-0115 is added to Section
2.00 of the Budget Act of 2009, to read:
3980-001-0115--For support of Office of
Environmental Health Hazard Assessment,
for payment to Item 3980-001-0001,
payable from the Air Pollution Control
Fund ..................................... 586,000
SEC. 273. Item 3980-001-0200 is added to Section 2.00
of the Budget Act of 2009, to read:
3980-001-0200--For support of Office of
Environmental Health Hazard Assessment,
for payment to Item 3980-001-0001,
payable from the Fish and Game
Preservation Fund......................... 359,000
SEC. 274. Item 3980-001-0557 of Section 2.00 of the
Budget Act of 2009 is amended to read:
3980-001-0557--For support of Office of
Environmental Health Hazard Assessment,
for payment to Item 3980-001-0001,
payable from the Toxic Substances Control
Account................................... 558,000
693,000
SEC. 275. Item 3980-001-3056 of Section 2.00 of
the Budget Act of 2009 is amended to read:
3980-001-3056--For support of Office of
Environmental Health Hazard Assessment,
for payment to Item 3980-001-0001,
payable from the Safe Drinking Water and
Toxic Enforcement Fund.................... 1,427,000
4,298,000
SEC. 276. Item 4120-101-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4120-101-0001--For local assistance, Emergency
Medical Services Authority, grants to local
agencies....................................... 8,508,000
5,558,000
Schedule:
(1) 10-Emergency Medical
Services Authority...... 12,512,000
9,562,000
(2) Reimbursements.......... -3,300,000
(3) Amount payable from the
Federal Trust Fund
(Item 4120-101-0890).... -704,000
Provisions:
1. The General Fund support for poison
control centers shall augment, but
not replace, local expenditures for
existing poison control center
services. These funds shall be used
primarily to increase services to
underserved counties and populations
and for poison prevention and
information services. The Director
of the Emergency Medical Services
Authority may contract with eligible
poison control centers for the
distribution of these funds.
2. The Emergency Medical Services
Authority shall use the following
guidelines in administering state-
funded grants to local agencies: (a)
funding eligibility shall be limited
to rural multicounty regions that
demonstrate a heavy use of the
emergency medical services system by
nonresidents, (b) local agencies
shall provide matching funds of at
least $1 for each dollar of state
funds received, (c) state funding
shall be used to provide only
essential minimum services necessary
to operate the system, as defined by
the authority, (d) no region shall
receive both federal and state funds
in the same fiscal year for the same
purpose, and (e) the Emergency
Medical Services Authority shall
monitor the use of the funds by
recipients to ensure that these
funds are used in an appropriate
manner.
3. Each region shall be eligible to
receive up to one-half of the total
cost of a minimal system for that
region, as defined by the Emergency
Medical Services Authority. However,
the authority may reallocate
unclaimed funds among regions.
4. Notwithstanding Provision 2(b), each
region with a population of 300,000
or less as of June 30, 200 7 8
, shall
receive the full amount for which it
is eligible if it provides a cash
match of $0.41 per capita or more.
Failure to provide local cash
contributions at the specified level
shall result in a proportional
reduction in state funding.
5. It is the intent of the Legislature
that the Director of the Emergency
Medical Services Authority provide
assistance, when feasible, to poison
control centers in seeking sources
of funding other than General Fund
support, including grants from
health-related foundations, federal
grants, and assistance from the
California Children and Families
Commission, or other relevant
entities. It is also the intent of
the Legislature that poison control
centers assertively seek and obtain
funding from foundations, private-
sector entities, the federal
government, and sources other than
the General Fund.
SEC. 277. Item 4140-490 is added to Section 2.00
of the Budget Act of 2009, to read:
4140-490--Reappropriation, Office of Statewide
Health Planning and Development. The balances
of the appropriations provided in the
following citations are reappropriated for the
purposes provided for in those appropriations
and shall be available for encumbrance or
expenditure until June 30, 2010:
3085--Mental Health Services Fund
(1) Item 4140-001-3085, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
SEC. 278. Item 4170-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
4170-001-0001--For support of Department of
Aging........................................ 4,227,000
Schedule:
(1) 10-Nutrition.......... 3,008,000
(2) 20-Senior Community
Employment Service.... 697,000
(3) 30-Supportive
Services and Centers.. 4,863,000
(4) 40-Special Projects... 8,270,000
8,680,000
(5) 50.01-Administration.. 14,412,000
(6) 50.02-Distributed
Administration........ -14,412,000
(7) Reimbursements........ -4,113,000
(8) Amount payable from
the State HICAP Fund
(Item 4170-001-
0289)................. -223,000
(9) Amount payable from
the Federal Trust
Fund (Item 4170-001-
0890)................. -8,153,000
-8,563,000
(10) Amount payable from
the Federal Citation
Penalties Account,
Special Deposit Fund
(Item 4170-003-0942).. -122,000
SEC. 279. Item 4170-001-0890 of Section 2.00 of the
Budget Act of 2009 is amended to read:
4170-001-0890--For support of Department of
Aging, for payment to Item 4170-001-0001,
payable from the Federal Trust Fund......... 8,153,000
8,563,000
Provisions:
1. The Department of Finance may
authorize the transfer of funds
between this item and Item 4170-101-
0890 no sooner than 30 days after
written notification to the
chairpersons of the fiscal
committees of each house of the
Legislature and the Chairperson of
the Joint Legislative Budget
Committee, or not sooner than
whatever lesser time the
Chairperson of the Joint
Legislative Budget Committee may
determine. The notification shall
include: (a) the amount of the
proposed transfer, (b) an
identification of the purposes for
which the funds will be used, (c)
documentation that the proposed
activities must be carried out in
the current year and that no other
funds are available for their
support, and (d) the impact of any
transfer on the level of services.
SEC. 280. Item 4170-101-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4170-101-0890--For local assistance,
Department of Aging, for payment to Item
4170-101-0001, payable from the Federal
Trust Fund................................. 142,000,000
150,016,000
Provisions:
1. Provision 1 of Item 4170-001-
0890 is also applicable to
this item.
2. Notwithstanding subdivision
(e) of Section 28.00, the
Department of Finance, upon
notification by the California
Department of Aging, may
authorize augmentations in
this item for federal Title
III, Title VII, HICAP one-time
only allocations, and for
unexpended 2008-09 federal
grant funds. The
Department
of
Finance shall provide
notification of the
augmentation to the Joint
Legislative Budget Committee
within 10 working days from
the date of the Department of
Finance approval of the
adjustment.
3. Notwithstanding Section 26.00,
the Department of Finance,
upon notification by the
California Department of
Aging, may authorize transfers
between Program 10-Nutrition
and Program 30-Supportive
Services and Centers in
response to budget revisions
submitted by the Area Agencies
on Aging.
4. Unspent federal stimulus funds
authorized in the American
Recovery and Reinvestment Act
of 2009 (P.L. 111-5) for
Nutrition and Senior Community
Services Employment Programs,
budgeted in the 2008-09 and
2009-10 fiscal years, are
available for encumbrance or
expenditure through September
30, 2010.
SEC. 281. Item 4200-001-0367 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4200-001-0367--For support of Department
of Alcohol and Drug Programs, for payment
to Item 4200-001-3146, payable from the
Indian Gaming Special Distribution Fund... 4,241,000
4,250,000
SEC. 282. Item 4200-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4200-001-0890--For support of Department
of Alcohol and Drug Programs, for payment
to Item 4200-001-3146, payable from the
Federal Trust Fund......................... 23,823,000
23,979,000
Provisions:
1. Upon order of the Department
of Finance, the Controller
shall transfer funds as
necessary between this item
and Item 4200-101-0890. In
determining which transfers
are necessary pursuant to this
provision, the 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.
SEC. 283. Item 4200-001-3019 of Section 2.00 of
the Budget Act of 2009 is repealed.
4200-001-3019--For support of Department of
Alcohol and Drug Programs, for payment to
Item 4200-001-3146, payable from the
Substance Abuse Treatment Trust Fund........ 3,171,000
Provisions:
1. Funds appropriated in this item are
in lieu of the amounts that
otherwise would have been
appropriated for administration
pursuant to Section 11999.6 of the
Health and Safety Code.
SEC. 284. Item 4200-001-3113 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4200-001-3113--For support of Department
of Alcohol and Drug Programs, for payment
to Item 4200-001-3146, payable from the
Residential and Outpatient Program
Licensing Fund............................ 3,219,000
3,816,000
SEC. 285. Item 4200-001-3146 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4200-001-3146--For support of Department of Alcohol
and Drug Programs, payable from the Drug and Alcohol
Prevention and Treatment Fund......................... 0
Schedule:
(1) 15-Alcohol and Other
Drug Services Program..... 48,250,000
45,515,000
(2) 30.01-Administration...... 11,711,000
11,711,000
(3) 30.02-Distributed
Administration............ -11,711,000
-11,711,000
(4) Reimbursements............ -5,227,000
-5,319,000
(4.5) Amount payable from the
General Fund (Item 4200-
001-0001)................. - 5
4 , 082
664 ,000
(5) Amount payable from the
Driving-Under-the-
Influence Program
Licensing Trust Fund
(Item 4200-001-0139)...... -1,613,000
(6) Amount payable from the
Narcotic Treatment
Program Licensing Trust
Fund (Item 4200-001-0243). -1,367,000
(7) Amount payable from
Indian Gaming Special
Distribution Fund (Item
4200-001-0367)............ -4,241,000
-4,250,000
(8) Amount payable from the
Audit Repayment Trust
Fund (Item 4200-001-0816). -69,000
(9) Amount payable from the
Federal Trust Fund (Item
4200-001-0890)............ -23,823,000
-23,979,000
(10) Amount payable from
the Substance Abuse
Treatment Trust Fund
(Item 4200-001-3019)...... -3,171,000
(11) Amount payable from the
Mental Health Services
Fund (Item 4200-001-3085). -288,000
(12) Amount payable from the
Gambling Addiction
Program Fund (Item
4200-001-3110)............ -150,000
(13) Amount payable from
Residential and
Outpatient Program
Licensing Fund (Item 4200-
001-3113)................. -3,219,000
-3,816,000
Provisions:
1. Upon approval by the Department of
Finance, the Controller shall transfer
such funds as are necessary between this
item and Items 4200-101-3146, 4200-102-
3146, 4200-103-3146, and 4200-104-3146.
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 the
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.
SEC. 286. Item 4200-101-3019 of Section 2.00 of
the Budget Act of 2009 is repealed.
4200-101-3019--For local assistance,
Department of Alcohol and Drug Programs,
for payment to Item 4200-101-3146, payable
from the Substance Abuse Treatment Fund.... 86,863,000
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. 287. Item 4200-101-3146 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4200-101-3146--For local assistance, Department of
Alcohol and Drug Programs, payable from the Drug and
Alcohol Prevention and Treatment Fund................. 0
Schedule:
(1) 15-Alcohol and Other
Drug Services Program..... 420,254,000
382,791,000
(2) Reimbursements............ -10,807,000
-60,207,000
(2.1) Amount payable from the
General Fund (Item 4200-
101-0001)................. -83,665,000
(2.5) Amount payable from the
Indian Gaming Special
Distribution Fund (Item
4200-101-0367)............ -4,000,000
(3) Amount payable from the
Federal Trust Fund (Item
4200-101-0890)............ -234,919,000
(4) Amount payable from the
Substance Abuse Treatment
Fund (Item 4200-101-3019). -86,863,000
Provisions:
1. Upon approval by the Department of
Finance, the Controller shall transfer
such funds as are necessary between this
item and Items 4200-001-3146, 4200-102-
3146, 4200-103-3146, and 4200-104-3146.
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. 288. Item 4200-102-3146 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4200-102-3146--For local assistance, Department of
Alcohol and Drug Programs, payable from the Drug and
Alcohol Prevention and Treatment Fund, for perinatal
substance abuse treatment programs (Drug Medi-Cal)... 0
Schedule:
(1) 15-Alcohol and Other Drug
Services Program........... 7,732,000
5,714,000
(2) Reimbursements............. -3,866,000
-3,519,000
(3) Amount payable from the
General Fund (Item 4200-
102-0001).................. - 3
2 , 866
195 ,000
Provisions:
1. Upon approval by the Department of
Finance, the Controller shall transfer
such funds as are necessary between this
item and Items 4200-001-3146, 4200-101-
3146, 4200-103-3146, and 4200-104-3146.
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. The funds appropriated in this item are
available to provide funding for the
state's share of expenditures for
perinatal substance abuse services
provided to persons eligible for Medi-Cal.
3. Notwithstanding subdivision (a) of
Section 1.80 and Section 26.00, the
Department of Finance may authorize a
transfer of expenditure authority between
this item and Item 4200-103-3146, so that
the funds appropriated in either item may
be used to pay the state and federal
share of prior fiscal years' allowable
Medi-Cal costs that exceed the amount
encumbered in prior fiscal years. The
department shall notify the Legislature
within 10 days after authorizing a
transfer pursuant to this provision
unless prior notification of the transfer
has been included in the Medi-Cal
estimates submitted pursuant to Section
14100.5 of the Welfare and Institutions
Code.
SEC. 289. Item 4200-103-3146 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4200-103-3146--For local assistance, Department of
Alcohol and Drug Programs, payable from the Drug and
Alcohol Prevention and Treatment Fund, for Drug Medi-
Cal Services......................................... 0
Schedule:
(1) 15-Alcohol and Other Drug
Services Program.......... 205,183,000
189,087,000
(2) Reimbursements............ -98,277,000
-112,018,000
(3) Amount payable from the
General Fund (Item 4200-
103-0001)................. -106,906,000
103-0001)................. -77,069,000
Provisions:
1. Upon approval by the Department of
Finance, the Controller shall transfer
such funds as are necessary between this
item and Items 4200-001-3146, 4200-101-
3146, 4200-102-3146, and 4200-104-3146.
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. The funds appropriated in this item are
available to provide funding for the
state's share of expenditures for
substance abuse services provided to
persons eligible for Medi-Cal.
3. Notwithstanding subdivision (a) of
Section 1.80 and Section 26.00, the
Department of Finance may authorize a
transfer of expenditure authority between
this item and Item 4200-102-3146 so that
the funds appropriated in either item may
be used to pay the state and federal
share of prior fiscal years' allowable
Medi-Cal costs that exceed the amount
encumbered in prior fiscal years. The
department shall notify the Legislature
within 10 days after authorizing a
transfer pursuant to this provision
unless prior notification of the
transfer has been included in the Medi-
Cal estimates submitted pursuant to
Section 14100.5 of the Welfare and
Institutions Code.
4. Notwithstanding any other provision of
law, both the federal and nonfederal
shares of any moneys recovered for
previously paid Drug Medi-Cal program
services provided pursuant to Chapter 7
(commencing with Section 14000) of Part 3
of Division 9 of the Welfare and
Institutions Code are hereby appropriated
and shall be expended as soon as
practicable for Drug Medi-Cal program
services, as defined in the Welfare and
Institutions Code.
SEC. 290. Item 4200-105-0001 of Section 2.00 of
the Budget Act of 2009 is repealed.
4200-105-0001--For transfer, as an
expenditure, upon order of the Department of
Finance, to the Substance Abuse Treatment 90,034,00
Trust Fund................................... 0
Provisions:
1. The amount of the transfer may
be modified by the Department
of Finance to accommodate
administrative and workload
adjustments.
SEC. 291. Item 4260-001-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4260-001-0001--For support of Department
of Health Care Services................... 134,563,000
135,071,000
Schedule:
(1) 20-Health Care
Services............ 387,240,000
389,070,000
(2) 30.01-
Administration...... 26,053,000
(3) 30.02-Distributed
Administration...... -26,555,000
(4) Reimbursements...... -21,204,000
-21,244,000
(5) Amount payable from
the Breast Cancer
Control Account
(Item 4260-001-
0009)............... -95,000
(6) Amount payable
from the Childhood
Lead Poisoning
Prevention Fund
(Item 4260-001-
0080)............... -151,000
(7) Amount payable from
the Unallocated
Account, Cigarette
and Tobacco
Products Surtax
Fund (Item 4260-001-
0236)............... -741,000
-541,000
(8) Amount payable from
the Federal Trust
Fund (Item 4260-001-
0890)............... -228,992,000
-230,474,000
(9) Amount payable from
the Mental Health
Services Fund (Item
4260-001-3085)...... -992,000
Provisions:
1. Effective February 1, 2009, the
State Department of Health Care
Services shall report biennially
in writing on the results of the
additional positions established
under the 2003 Medi-Cal Anti-
Fraud Initiative to the
chairpersons of the committees
in each house of the Legislature
that consider appropriations and
the Chairperson of the Joint
Legislative Budget Committee.
The report shall include the
results of the most recently
completed biennial error rate
study and random claim sampling
process, the number of positions
filled by division, and, for
each of the components of the
initiative, the amount of
savings and cost avoidance
achieved and estimated, the
number of providers sanctioned,
and the number of claims and
beneficiary records reviewed.
2. Of the funds appropriated for
new information technology
projects, no funds may be
expended on a project prior to
approval of a feasibility study
report concerning that project
by the office of the State Chief
Information Officer. The State
Department of Health Care
Services shall notify the fiscal
committees of both houses of the
Legislature that a feasibility
study report has been approved
for a project within 30 days of
the report's approval by the
office of the State Chief
Information Officer, and shall
include with the notification a
copy of the approved feasibility
study report that reflects any
changes.
SEC. 292. Item 4260-001-0236 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4260-001-0236--For support of Department
of Health Care Services, for payment to
Item 4260-001-0001, payable from the
Unallocated Account, Cigarette and
Tobacco Products Surtax Fund.............. 741,000
541,000
SEC. 293. Item 4260-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4260-001-0890--For support of Department
of Health Care Services, for payment to
Item 4260-001-0001, payable from the
Federal Trust Fund......................... 228,992,000
230,474,000
Provisions:
1. Of the funds appropriated in
this item, $1,069,000 shall be
available for administration,
research, and training
projects. Notwithstanding
Section 28.00, the State
Department of Health Care
Services shall report under
that section any new project
over $200,000 or any increase
in excess of $400,000 for an
identified project.
SEC. 294. Item 4260-101-0080 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4260-101-0080--For local assistance,
Department of Health Care Services, for
payment to Item 4260-101-0001, payable
from the Childhood Lead Poisoning
Prevention Fund........................... 160,000
115,000
SEC. 295. Item 4260-101-0232 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4260-101-0232--For local assistance,
Department of Health Care Services, for
payment to Item 4260-101-0001, payable
from the Hospital Services Account,
Cigarette and Tobacco Products Surtax
Fund...................................... 23,559,000
95,078,000
SEC. 296. Item 4260-101-0236 of Section 2.00 of
the Budget Act of 2009 is repealed.
4260-101-0236--For local assistance,
Department of Health Care Services, for
payment to Item 4260-101-0001, payable
from the Unallocated Services Account,
Cigarette and Tobacco Products Surtax
Fund...................................... 21,519,000
SEC. 297. Item 4260-101-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4260-101-0890--For local assistance,
Department of Health Care Services, for
payment to Item 4260-101-0001, payable
from the Federal Trust Fund............... 22,440,653,000
26,620,577,000
Provisions:
1. Any of the provisions in Item
4260-101-0001 that are
relevant to this item also
apply to this item.
SEC. 298. Item 4260-102-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4260-102-0001--For local assistance,
Department of Health Care Services,
Program 20.10.030-Benefits (Medical Care
and Services), for supplemental
reimbursement for debt service pursuant to
Section 14085.5 of the Welfare and
Institutions Code.......................... 51,604,000
54,198,000
Provisions:
1. Notwithstanding any other
provision of law, the
Department of Finance may
authorize transfer of
expenditure authority between
this item and Items 4260-101-
0001, 4260-111-0001, 4260-113-
0001, and 4260-117-0001 in
order to effectively
administer the programs funded
in these items. The Department
of Finance shall notify the
Legislature within 10 days of
authorizing such a transfer
unless prior notification of
the transfer has been included
in the Medi-Cal estimates
submitted pursuant to Section
14100.5 of the Welfare and
Institutions Code. The 10-day
notification to the
Legislature shall include the
reasons for the transfer, the
fiscal assumptions used in
calculating the transfer
amount, and any potential
effects on the program from
which funds are being
transferred or reduced.
SEC. 299. Item 4260-102-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4260-102-0890--For local assistance,
Department of Health Care Services,
Program 20.10.030-Benefits (Medical Care
and Services), payable from the Federal
Trust Fund, for supplemental reimbursement
for debt service pursuant to Section
14085.5 of the Welfare and Institutions
Code....................................... 51,604,000
54,198,000
Provisions:
1. Any of the provisions in Item
4260-102-0001 that are
relevant to this item also
apply to this item.
SEC. 300. Item 4260-106-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4260-106-0890--For local assistance,
Department of Health Care Services,
Program 20.10.030-Benefits (Medical Care
and Services), payable from the Federal
Trust Fund................................ 12,365,000
14,708,000
SEC. 301. Item 4260-111-0080 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4260-111-0080--For local assistance,
Department of Health Care Services, for
payment to Item 4260-111-0001, payable
from the Childhood Lead Poisoning
Prevention Fund........................... 11,000
8,000
SEC. 302. Item 4260-111-0233 of Section 2.00 of
the Budget Act of 2009 is repealed.
4260-111-0233--For local assistance,
Department of Health Care Services, for
payment to Item 4260-111-0001, payable
from the Physician Services Account,
Cigarette and Tobacco Products Surtax
Fund...................................... 774,000
SEC. 303. Item 4260-111-0236 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4260-111-0236--For local assistance,
Department of Health Care Services, for
payment to Item 4260-111-0001, payable
from the Unallocated Account, Cigarette
and Tobacco Products Surtax Fund.......... 13,081,000
10,000,000
SEC. 304. Item 4260-111-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4260-111-0890--For local assistance,
Department of Health Care Services, for
payment to Item 4260-111-0001, payable
from the Federal Trust Fund................ 145,915,000
148,517,000
Provisions:
1. Of the funds appropriated in
this item, $408,000 shall be
available for administration,
research, and training
projects. Notwithstanding
Section 28.00, the State
Department of Health Care
Services shall report under
that section any new project
over $200,000 or any increase
in excess of $400,000 for an
identified project.
2. Any of the provisions in Item
4260-111-0001 that are
relevant to this item also
apply to this item.
SEC. 305. Item 4260-113-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4260-113-0890--For local assistance,
Department of Health Care Services, for
payment to Item 4260-113-0001, payable
from the Federal Trust Fund................ 389,541,000
324,726,000
Provisions:
1. Any of the provisions in Item
4260-113-0001 that are
relevant to this item also
apply to this item.
SEC. 306. Item 4260-117-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4260-117-0001--For local assistance,
Department of Health Care Services, for
implementation of the Health Insurance
Portability and Accountability Act............ 3,667,000
4,187,000
Schedule:
(1) 20.10.010-Eligibility
(County
Administration)........ 4,732,000
(2) 20.10.020-Fiscal
Intermediary
Management............. 14,207,000
16,076,000
(3) Amount payable from
the Federal Trust Fund
(Item 4260-117-0890)... -15,272,000
-16,621,000
Provisions:
1. The funding appropriated in this
item is limited to the amount
specified in Section 17.00. These
funds are to be used in support of
compliance activities related to
the federal Health Insurance
Portability and Accountability Act
(HIPAA) of 1996.
2. Notwithstanding subdivision (a) of
Section 1.80 and Section 26.00, the
Department of Finance may authorize
transfer of expenditure authority
between Schedules (1) and (2). The
Department of Finance shall notify
the Legislature within 10 days
of authorizing such transfer unless
prior notification of the transfer
has been included in the Medi-Cal
estimates submitted pursuant to
Section 14100.5 of the Welfare and
Institutions Code.
3. Notwithstanding any other provision
of law, the Department of Finance
may authorize the transfer of
expenditure authority between this
item and Items 4260-101-0001, 4260-
102-0001, 4260-111-0001, and 4260-
113-0001 in order to effectively
administer the programs funded in
these items. The Department of
Finance shall notify the
Legislature within 10 days of
authorizing such transfer unless
prior notification of the transfer
has been included in the Medi-Cal
estimates submitted pursuant to
Section 14100.5 of the Welfare and
Institutions Code. The 10-day
notification to the Legislature
shall include the reasons for the
transfer, the fiscal
assumptions used in calculating the
transfer amount, and any potential
fiscal effects on the program from
which funds are being transferred
or reduced.
SEC. 307. Item 4260-117-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4260-117-0890--For local assistance,
Department of Health Care Services, for
payment to Item 4260-117-0001, payable
from the Federal Trust Fund, for
implementation of the Health Insurance
Portability and Accountability Act......... 15,272,000
16,621,000
Provisions:
1. The funding appropriated in
this item is limited to the
amount specified in Section
17.00. These funds are to be
used in support of compliance
activities related to the
federal Health Insurance
Portability and Accountability
Act (HIPAA) of 1996.
2. Any of the provisions in Item
4260-117-0001 that are
relevant to this item also
apply to this item.
SEC. 308. Item 4260-495 is added to Section 2.00
of the Budget Act of 2009, to read:
4260-495--Reversion, Department of Health Care
Services. As of June 30, 2009, the balances of
the appropriations provided for in the
following citations shall revert to the funds
from which the appropriations were made:
0001--General Fund
(1) Item 4260-001-0001, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008). Funds
appropriated for the National
Cooperative Bank Development
Corporation Contract within the
Assisted Living Waiver Pilot Project
0890--Federal Trust Fund
(1) Item 4260-001-0890, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008). Funds
appropriated for the National
Cooperative Bank Development
Corporation Contract within the
Assisted Living Waiver Pilot Project
SEC. 309. Item 4265-001-0070 of Section 2.00 of the
Budget Act of 2009 is amended to read:
4265-001-0070--For support of Department of
Public Health, for payment to Item 4265-001-
0001, payable from the Occupational Lead
Poisoning Prevention Account................ 2,741,000
3,241,000
Provisions:
1. The amount appropriated in this
item includes revenues derived from
the assessment of fines and
penalties imposed as specified in
Section 13332.18 of the Government
Code.
SEC. 310. Item 4265-001-0099 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4265-001-0099--For support of Department
of Public Health, for payment to Item
4265-001-0001, payable from the Health
Statistics Special Fund................... 23,974,000
23,762,000
SEC. 311. Item 4265-001-0203 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4265-001-0203--For support of Department
of Public Health, for payment to Item
4265-001-0001, payable from the Genetic
Disease Testing Fund...................... 18,043,000
18,480,000
SEC. 312. Item 4265-001-0234 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4265-001-0234--For support of Department
of Public Health, for payment to Item
4265-001-0001, payable from the Research
Account, Cigarette and Tobacco Products
Surtax Fund............................... 5,840,000
5,267,000
SEC. 313. Item 4265-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4265-001-0890--For support of Department
of Public Health, for payment to Item 4265-
001-0001, payable from the Federal Trust
Fund....................................... 217,659,000
219,476,000
Provisions:
1. Of the funds appropriated in
this item, $52,612,000 shall
be available for
administration, research, and
training projects.
Notwithstanding Section 28.00,
the State Department of Public
Health shall report under that
section any new project over
$200,000 or any increase in
excess of $400,000 for an
identified project.
2. The Department of Finance may
authorize the transfer of
expenditure authority from
this item to Item 4265-111-
0890 in order to reflect
modifications in the use of
federal bioterrorism
grants. Transfers pursuant to
this provision may not be
approved sooner than 30 days
after notification in writing
is provided to the
chairpersons of the committees
in each house of the
Legislature that consider
appropriations and the
Chairperson of the Joint
Legislative Budget Committee,
or no sooner than whatever
lesser time the chairperson of
the joint committee, or his or
her designee, may in each
instance determine.
3. Notwithstanding any other
provision of law, federal
moneys made available for
bioterrorism preparedness
pursuant to this act shall be
available for expenditure or
encumbrance until August 30,
2010.
4. The State Department of Public
Health shall notify the
fiscal and relevant policy
committees of the Legislature
in a timely manner regarding
the federal government's
approval of the state's
application for cooperative
agreement for funding from the
federal Centers for Disease
Control and Prevention's
Public Health Preparedness and
Response to Bioterrorism
Program. The notification
shall include a summary of all
policy and fiscal changes made
by the federal government to
the state's application. If
additional changes are made
throughout the fiscal year,
the department shall notify
the fiscal and relevant policy
committees of the Legislature
in a similar manner.
SEC. 314. Item 4265-001-3098 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4265-001-3098--For support of Department
of Public Health, for payment to Item
4265-001-0001, payable from the State
Department of Public Health Licensing and
Certification Program Fund................ 88,729,000
90,202,000
SEC. 315. Item 4265-111-0009 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4265-111-0009--For local assistance,
Department of Public Health, for payment to
Item 4265-111-0001, payable from the Breast 10,736,00
Cancer Control Account.......................
24,536,0
0
0
Provisions:
1. Of the amount appropriated in
this item, up to $6,300,000
shall be available for costs
and claims incurred in the 2008-
09 fiscal year.
SEC. 316. Item 4265-111-0231 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4265-111-0231--For local assistance,
Department of Public Health, for payment
to Item 4265-111-0001, payable from the
Health Education Account, Cigarette and
Tobacco Products Surtax Fund.............. 47,354,000
54,154,000
SEC. 317. Item 4265-111-0232 of Section 2.00 of the
Budget Act of 2009 is repealed.
4265-111-0232--For local assistance,
Department of Public Health, for payment
to Item 4265-111-0001, payable from the
Hospital Services Account, Cigarette and
Tobacco Products Surtax Fund.............. 21,106,000
SEC. 318. Item 4265-111-0233 of Section 2.00 of
the Budget Act of 2009 is repealed.
4265-111-0233--For local assistance,
Department of Public Health, for payment
to Item 4265-111-0001, payable from the
Physician Services Account, Cigarette and
Tobacco Products Surtax Fund.............. 3,470,000
SEC. 319. Item 4265-111-0236 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4265-111-0236--For local assistance,
Department of Public Health, for payment
to Item 4265-111-0001, payable from the
Unallocated Account, Cigarette and
Tobacco Products Surtax Fund.............. 29,302,000
23,340,000
SEC. 320. Item 4265-111-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4265-111-0890--For local assistance,
Department of Public Health, for payment
to Item 4265-111-0001, payable from the
Federal Trust Fund........................ 1,310,207,000
1,375,555,000
Provisions:
1. Of the funds appropriated in
this item, $61,868,000 shall
be available for
administration, research, and
training projects.
Notwithstanding the
provisions of Section 28.00,
the State Department of
Public Health shall report
under that section any new
project over $200,000 or any
increase in excess of
$400,000 for an identified
project.
2. Notwithstanding any other
provision of law, federal
moneys made available for
bioterrorism preparedness
pursuant to this act shall be
available for expenditure or
encumbrance until August 30,
2010.
3. Any provisions in Item 4265-
111-0001 that are relevant to
this item shall apply to this
item.
SEC. 321. Item 4265-111-6031 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4265-111-6031--For local assistance,
Department of Public Health, for payment
to Item 4265-111-0001, payable from the
Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002.. 2,558,000
167,229,000
Provisions:
1. The amount appropriated in this
item shall be available for
expenditure until June 30, 2012.
SEC. 322. Item 4265-111-6051 of Section 2.00 of
the Budget Act of 2009 is repealed.
4265-111-6051--For local assistance, State
Department of Public Health, for payment
to Item 4265-111-0001, payable from the
Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal
Protection Fund of 2006.................... 36,200,000
Provisions:
1. The amount appropriated in
this item shall be available
for expenditure until June 30,
2012.
SEC. 323. Item 4265-115-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4265-115-0890--For transfer by the
Controller from the Federal Trust Fund to
the Safe Drinking Water State Revolving
Loan Fund.................................. 77,500,000
152,405,000
Provisions:
1. The amount appropriated in this
item shall be available for
transfer until June 30, 2012.
SEC. 324. Item 4265-115-6031 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4265-115-6031--For transfer by the
Controller from the Water Security, Clean
Drinking Water, Coastal and Beach
Protection Fund of 2002 to the Safe
Drinking Water State Revolving Loan Fund... 17,000,000
32,499,000
Provisions:
1. The amount appropriated in this
item shall be available for
transfer until June 30, 2012.
SEC. 325. Item 4265-116-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4265-116-0890--For transfer by the
Controller to various federal funds........ (10,114,000)
(15,264,000)
Provisions:
1. Pursuant to Chapter 734 ,
of the
Statutes of 1997, the
State
Department of Public Health
may transfer funds
appropriated in this item to
the Administration Account
(0625), Water System
Reliability Account (0626),
Small System Technical
Assistance Account (0628), and
the Public Water System, Safe
Drinking Water State Revolving
Fund (7500) for the purpose of
administering the California
Safe Drinking Water Act. In
addition, the State Department of
of Public Health may transfer
funds between the above -
mentioned funds.
2. Upon notification to the
Department of Finance, the
State Department of Public Health
Health may increase the amount
appropriated in this item for
transfer to the funds cited in
Provision 1.
SEC. 326. Item 4265-301-0001 of Section 2.00 of
the Budget Act of 2009 is repealed.
4265-301-0001--For capital outlay,
Department of Public Health.................. 3,117,000
Schedule:
(1) 94.65.010-Upgrade Viral
and Rickettsial Disease
Laboratory, Richmond--
Construction............... 3,117,000
SEC. 327. Item 4265-401 of Section 2.00 of the
Budget Act of 2009 is amended to read:
4265-401--Notwithstanding Provision 2 of
Item 4260-011-0099 of the Budget Act of
2004 (Ch. 208, Stats. 2004) and Provision
1 of Item 4260-011-0099 of the Budget Act
1 of the Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005),
39, Stats. 2005), the $1,500,000 loan
authorized to the
authorized to the Medical Marijuana
Medical Marijuana Program Fund shall be
Program Fund shall be fully repaid to the
Health Statistics
Health Statistics Special Fund by June
30, 2012, with
30, 2012, with interest calculated at the
rate earned by
rate earned by the Pooled Money
the Pooled Money Investment Account at the time
of the
the time of the loan.
SEC. 328. Item 4265-495 is added to Section 2.00
of the Budget Act of 2009, to read:
4265-495--Reversion, Department of Public
Health. As of June 30, 2009, the unencumbered
balances of the appropriations provided in the
following citations shall revert to the fund
balance of the fund from which the
appropriations were made:
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) Item 4260-111-6031, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
reappropriated by Item 4260-491,
Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006), and Item 4265-492,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007)
(2) Item 4260-111-6031, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
reappropriated by Item 4265-492,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007)
(3) Item 4265-111-6031, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
(4) Item 4265-111-6031, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(5) Item 4260-115-6031, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
reappropriated by Item 4260-491,
Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006), and Item 4265-492,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007)
(6) Item 4260-115-6031, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
reappropriated by Item 4265-492,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007)
(7) Item 4265-115-6031, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
(8) Item 4265-115-6031, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
SEC. 329. Item 4265-496 is added to Section 2.00 of the
Budget Act of 2009, to read:
4265-496--Reversion, Department of Public
Health. As of June 30, 2009, the balances
specified below of the appropriations provided
in the following citations shall revert to the
balance in the fund from which the
appropriations were made:
6051--Safe Drinking Water, Water Quality
and Supply, Flood Control, River and
Coastal Protection Fund of 2006
(1) Item 4265-111-6051, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), up to
$35,600,000 appropriated in Program
20.60-Environmental Health
SEC. 330. Item 4265-497 is added to Section 2.00 of the
Budget Act of 2009, to read:
4265-497--Reversion, Department of Public
Health. As of June 30, 2009, the unencumbered
balances of the appropriations provided in the
following citations shall revert to the fund
balance from which the appropriations were
made:
0009--Breast Cancer Control Account
(1) Item 4265-001-0009, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
(2) Item 4265-111-0009, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
SEC. 331. Item 4270-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
4270-001-0001--For support of California
Medical Assistance Commission................. 1,293,000
Schedule:
(1) 10-California Medical
Assistance Commission.. 2,557,000
2,586,000
(2) Reimbursements......... -1,264,000
-1,293,000
SEC. 332. Item 4280-101-0236 of Section 2.00 of
the Budget Act of 2009 is repealed.
4280-101-0236--For local assistance, Managed
Risk Medical Insurance Board, for the Healthy
Families Program.............................. 175,000
Schedule:
(1) 40-Healthy Families Program. 175,000
SEC. 333. Item 4280-101-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4280-101-0890--For local assistance,
Managed Risk Medical Insurance Board, for
payment to Item 4280-101-0001, payable
from the Federal Trust Fund, for the
Healthy Families Program................... 751,191,000
700,472,000
Provisions:
1. Upon order of the Department
of Finance, the Controller
shall transfer such funds as
are necessary between this
item and Item 4280-102-0890 in
order to effectively
administer the Healthy
Families Program.
SEC. 334. Item 4280-102-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4280-102-0890--For local assistance,
Managed Risk Medical Insurance Board, for
payment to Item 4280-102-0001, payable
from the Federal Trust Fund, for Healthy
Families Program administrative contracts.. 40,534,000
36,212,000
Provisions:
1. Upon order of the Department
of Finance, the Controller
shall transfer such funds as
are necessary between this
item and Item 4280-101-0890 in
order to effectively
administer the Healthy
Families Program.
SEC. 335. Item 4280-103-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4280-103-0890--For local assistance,
Managed Risk Medical Insurance Board, for
payment to Item 4280-103-3055, payable from
the Federal Trust Fund, for the County
Health Initiative Matching Fund Program..... 1,247,000
1,039,000
Provisions:
1. Provisions 1, 2, and 3 of Item 4280-
103-3055 also apply to this item.
SEC. 336. Item 4280-103-3055 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4280-103-3055--For local assistance, Managed
Risk Medical Insurance Board, for the County
Health Initiative Matching Fund Program.........
Health Initiative Matching Fund................. 672
559 ,000
Schedule:
(1) 50-County Health
Initiative Matching
Fund Program............ 1,919,000
1,598,000
(2) Amount payable from the
Federal Trust Fund
(Item 4280-103-0890).... -1,247,000
-1,039,000
Provisions:
1. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are necessary
between this item and Item 4280-003-
0890 or Item 4280-003-3055 in order
to effectively administer the County
Health Initiative Matching Fund
program. The Department of Finance
may also authorize the establishment
of positions in order to allow the
Managed Risk Medical Insurance Board
to effectively administer the County
Health Initiative Matching Fund
program.
2. Funds in this item are subject to the
availability, as determined by the
Department of Finance, of federal
State Children's Health Insurance
Program funds not needed for
state-funded health programs,
including, but not limited to, the
Healthy Families Program and, as
funded by the federal State
Children's Health Insurance Program,
the Access for Infants and Mothers
Program, and the Medi-Cal program. To
determine the availability of funds,
all entities participating in the
County Health Initiative Matching
Fund program, as a condition of
receiving funds, shall submit, on or
before August 1 and February 1 of
each year, an estimate of
expenditures under this item to the
Managed Risk Medical Insurance Board.
The Managed Risk Medical Insurance
Board shall reflect this information
in the November and May estimates
provided to the Department of Finance.
3. To provide for the effective use of
federal State Children's Health
Insurance Program funds in the County
Health Initiative Matching Fund
program and notwithstanding
Section 28.00, this item may be
reduced or increased by the
Department of Finance not sooner than
30 days after notification in writing
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.
SEC. 337. Item 4280-104-0236 of Section 2.00 of
the Budget Act of 2009 is repealed.
4280-104-0236--For local assistance, Managed
Risk Medical Insurance Board, for the Healthy
Families Program Rural Health Demonstration
Project........................................ 729,000
Schedule:
(1) 40-Healthy
Families Program....... 2,083,000
(2) Amount payable from
Federal Trust Fund
(Item 4280-104-0890)... -1,354,000
SEC. 338. Item 4280-104-0890 of Section 2.00 of
the Budget Act of 2009 is repealed.
4280-104-0890--For local assistance,
Managed Risk Medical Insurance Board, for
payment to Item 4280-104-0236, payable
from the Federal Trust Fund, for the
Healthy Families Program Rural Health
Demonstration Project..................... 1,354,000
SEC. 339. Item 4280-111-0232 of Section 2.00 of
the Budget Act of 2009 is repealed.
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............................ (44,035,000)
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. 340. Item 4280-111-0233 of Section 2.00 of
the Budget Act of 2009 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 (12,770,000
Mothers Program............................ )
(4,819,000)
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. 341. Item 4280-111-0236 of Section 2.00 of
the Budget Act of 2009 is amended 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..... (904,000)
(19,447,000)
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. 342. Item 4280-112-0232 of Section 2.00 of
the Budget Act of 2009 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................. (6,818,000)
(2,928,000)
SEC. 343. Item 4280-112-0233 of Section 2.00 of
the Budget Act of 2009 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................. (2,121,000)
(12,206,000)
SEC. 344. Item 4280-112-0236 is added to Section
2.00 of the Budget Act of 2009, to read:
4280-112-0236--For transfer by the
Controller from the Unallocated Account,
Cigarette and Tobacco Products Surtax
Fund to the Major Risk Medical Insurance
Fund, for the Major Risk Medical
Insurance Program......................... (5,212,000)
SEC. 345. Item 4280-112-3133 of Section 2.00 of the
Budget Act of 2009 is amended to read:
4280-112-3133--For transfer by the
Controller from the Managed Care
Administrative Fines and Penalties Fund to
the Major Risk Medical Insurance Fund, for
the Major Risk Medical Insurance Program.... (500,000)
(774,000)
Provisions:
1. In order to effectively administer
the Major Risk Medical Insurance
Program, the Department of Finance
may decrease or increase this item
in order to conform to the revised
transfer estimate from the Managed
Care Administrative Fines and
Penalties Fund.
SEC. 346. Item 4300-003-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4300-003-0001--For support of Department
of Developmental Services, for
Developmental Centers..................... 355,995,000
278,036,000
Schedule:
(1) 20-Developmental
Centers Program..... 672,131,000
656,425,000
(2) Reimbursements...... -315,618,000
-377,871,000
(3) Amount payable from
the Federal Trust
Fund (Item 4300-003-
0890)............... -518,000
Provisions:
1. A loan shall be available from
the General Fund to the State
Department of Developmental
Services not to exceed a
cumulative total of $77,000,000.
The loan funds will be
transferred to this item as
needed to meet cashflow needs
due to delays in collecting
reimbursements from the Health
Care Deposit Fund, and subject
to the repayment provisions of
Section 16351 of the Government
Code.
2. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4300-001-0001 in order to
appropriately align General Fund
and Medi-Cal reimbursements from
the State Department of Health
Care Services with budgeted
activities. Within 10 working
days after approval of a
transfer as authorized by this
provision, the Department of
Finance shall notify the
chairpersons of the fiscal
committees of each house of the
Legislature and the Chairperson
of the Joint Legislative Budget
Committee of the transfer,
including the amount
transferred, how the amount was
determined, and how the amount
will be utilized.
3. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4300-101-0001. Within 10
working days after approval of a
transfer as authorized by this
provision, the Department of
Finance shall notify the
chairpersons of the fiscal
committees in each house of the
Legislature and the Chairperson
of the Joint Legislative Budget
Committee of the transfer,
including the amount
transferred, how the amount
transferred was determined, and
how the amount transferred will
be utilized.
4. The State Department of
Developmental Services (DDS)
shall notify the chairperson of
each fiscal committee and policy
committee of each house of the
Legislature of specific outcomes
resulting from citations and the
results of annual surveys
conducted by the State
Department of Public Health, as
well as findings of any other
government al agency authorized to
to conduct investigations or
surveys of state developmental
centers. The DDS shall forward
the notifications, including a
copy of the specific findings,
to the chairpersons of the
committees within 10 working
days of its receipt of these
findings. The DDS also shall
forward these findings, within
three working days of
submission, to the appropriate
investigating agency. In
addition, the DDS shall provide
notification to the chairpersons
of the committees, within three
working days, of its receipt of
information concerning any
investigation initiated by the
United States Department of
Justice and the private
nonprofit corporation designated
by the Governor pursuant to
Division 4.7 (commencing with
Section 4900) of the Welfare and
Institutions Code or concerning
any findings or recommendations
resulting from any of these
investigations.
SEC. 347. Item 4300-004-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4300-004-0001--For support of Department of
Developmental Services (Proposition 98), for
Developmental Centers.......................... 7,539,000
7,321,000
Schedule:
(1) 20-Developmental Centers 10,299,0
Program.......................
9,848, 00
0
(a) 20.17-AB
1202
Contracts... 780,000
(b) 20.66-Medi-
Cal
Eligible
Services.... 9,519,000
9,068,000
(2) Reimbursements................ -2,760,0
-2,527,0
00
Provisions:
1. Of the amount appropriated in this
item, $2,760,000 is to be used to
provide the General Fund match for
Medi-Cal Eligible Services.
SEC. 348. Item 4300-101-0172 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4300-101-0172--For local assistance,
Department of Developmental Services, for
payment to Item 4300-101-0001, payable from
the Developmental Disabilities Program
Development Fund............................ 1,592,000
2,492,000
Provisions:
1. Notwithstanding any other provision
of law, the Department of Finance
may authorize expenditures for the
State Department of Developmental
Services in excess of the amount
appropriated no sooner than 30 days
after notification in writing of
the necessity therefor is provided
to the chairpersons of the fiscal
committees in each house of the
Legislature and the Chairperson of
the Joint Legislative Budget
Committee, or no sooner than such
lesser time as the chairperson of
the joint committee, or his or her
designee, may in each instance
determine.
SEC. 349. Item 4300-101-0496 is added to Section
2.00 of the Budget Act of 2009, to read:
4300-101-0496--For local assistance,
Department of Developmental Services, for
payment to Item 4300-101-0001, payable
from the Developmental Disabilities
Services Account.......................... 150,000
SEC. 350. Item 4300-101-0890 of Section 2.00 of the
Budget Act of 2009 is amended to read:
4300-101-0890--For local assistance,
Department of Developmental Services, for
Regional Centers, for payment to Item 4300-
101-0001, payable from the Federal Trust
Fund....................................... 51,234,000
78,118,000
Provisions:
1. Upon order of the Department
of Finance, the Controller
shall transfer such funds as
are necessary between this
item and Item 4300-001-0890 in
order to effectively
administer the Early
Intervention federal grant
program (Part C of the
Individuals with Disabilities
Education Act).
2. Upon order of the Department
of Finance, the Controller
shall transfer such funds as
are necessary between this
item and Item 4300-003-0890 in
order to effectively
administer the Foster
Grandparent Program.
3. Notwithstanding Section 26.00,
the Department of Finance may
authorize transfer of
expenditure authority between
Programs 10.10.010-Operations
and 10.10.020-Purchase of
Services in order to more
accurately reflect
expenditures in the Early
Intervention federal grant
program (Part C of the
Individuals with Disabilities
Education Act).
SEC. 351. Item 4300-101-3148 of Section 2.00 of
the Budget Act of 2009 is repealed.
4300-101-3148--For local assistance,
Department of Development Services,
payable from the Proposition 10 Health
and Human Services Fund .................. 265,000,000
SEC. 352. Item 4300-103-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4300-103-0001--For local assistance,
Department of Developmental Services,
Program 10.10.020-Regional Centers:
Purchase of Services, Risk Pool, Self-
Directed Services........................... 1,184,000
9,000
Provisions:
1. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4300-101-0001 in order to
effectively administer the Self-
Directed Services Risk Pool Fund.
SEC. 353. Item 4300-301-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4300-301-0001--For capital outlay, 32,680,00
Department of Developmental Services......... 0
9,468,000
Schedule:
(1) 55.25.270-Fairview:
Upgrade Fire Alarm System-
- Working drawings and
construction............... 9,147,000
(2) 55.50.470-Porterville:
Renovate Satellite
Kitchens and Dining Rooms- 19,691,00
-Construction.............. 0
(3) 55.55.350-Sonoma: Install
Medical Gases and Oxygen
Piping-- Working drawings ..
321,000
and construction........... 3,842,000
Provisions:
1. Notwithstanding any other provision
of law, the project funded in
Schedule (2) shall be considered
part of the Porterville: New Main
Kitchen project funded in Item 4300-
301-0660 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
SEC. 354. Item 4440-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4440-001-0890--For support of Department of
Mental Health, for payment to Item 4440-001-
0001, payable from the Federal Trust Fund... 3,506,000
3,524,000
Provisions:
1. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4440-101-0890.
SEC. 355. Item 4440-001-3085 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4440-001-3085--For support of Department
of Mental Health, for payment to Item 4440-
001-0001, payable from the Mental Health
Services Fund.............................. 38,860,000
40,124,000
Provisions:
1. Funds appropriated in this
item are in lieu of the
amounts that otherwise would
have been appropriated for
administration pursuant to
subdivision (d) of Section
5892 of the Welfare and
Institutions Code.
2. Notwithstanding any other
provision of law, the
Department of Finance may
increase the funding provided
in this item to further the
implementation of the Mental
Health Services Act
(Proposition 63, as approved
by the voters at the November
2, 2004, statewide general
election). Any increase may
occur not sooner than 30
days after written
notification has been provided
to the chairpersons of the
committees in each house of
the Legislature that consider
appropriations, the
chairpersons of the committees
and the appropriate
subcommittees in each house of
the Legislature that consider
the State Budget, and the
Chairperson of the Joint
Legislative Budget Committee
identifying the need for that
increase and the expenditure
plan for the additional funds.
3. The State Department of Mental
Health shall annually provide
to the Department of Finance a
Fund Condition Statement of
the Housing Support Account
(special deposit account)
which shall be annually
published in the Governor's
January 10 Budget. It is the
intent of the Legislature to
utilize this information to
track the fiscal allocations
made for the Housing
Initiative Program as
established under the Mental
Health Services Act.
SEC. 356. Item 4440-011-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4440-011-0001--For support of the State
Hospitals, Department of Mental Health... 1,175,178,000
1,193,423,000
Schedule:
(1) 20.10-Long-Term
Care Services--
Lanterman-Petris-
Short Act........... 89,878,000
81,443,000
(2) 20.20-Long-Term
Care Services--
Penal Code and
Judicially 1,050,464,00
Committed...........
1,043,384,0 0
0
(3) 20.30-Long-Term
Care Services--
Department of
Corrections and
Rehabilitation...... 128,141,000
153,466,000
(4) Reimbursements...... -93,305,000
-84,732,000
(5) Amount payable from
California State
Lottery Education
Fund................ -138,000
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 (4) 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. The Controller shall transfer
the total amount attributable in
the 2009-10 fiscal year to
patient-generated collections
for Lanterman-Petris-Short (LPS)
Act patients as revenue to the
General Fund.
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), and (3) in
order to accurately reflect
caseload in these programs.
7. 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.
8. 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 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. 357. Item 4440-101-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
4440-101-0001--For local assistance,
Department of Mental Health............... 288,015,000
352,697,000
Schedule:
(1) 10.25-Community
Services-- Other
Treatment........... 629,875,000
586,638,000
(2) 10.30-Community
Services-- EPSDT.... 824,513,000
1,003,988,000
(3) 10.47-Community
Services--
Children's Mental
Health Services. 310,000
(4) 10.97-Community
Services-- Healthy
Families Program.... 31,981,000
32,683,000
(5) 10.98-Community
Services--
Continued
Implementation of
the MHSA............ 40,000,000
0
(6) Reimbursements...... -1,238,664,00
-1,270,922,00
0
Provisions:
1. Augmentations to reimbursements
in this item from the Office of
Emergency Services for Disaster
Relief are exempt from
Section 28.00. The State
Department of Mental Health shall
provide written notification to
the Joint Legislative Budget
Committee describing the nature
and planned expenditure of these
augmentations when the amount
received exceeds $200,000.
2. It is the intent of the
Legislature that local
expenditures for mental health
services for Medi-Cal eligible
individuals serve as the match to
draw down maximum federal
financial participation to
continue the Short-Doyle/Medi-Cal
program.
3. It is the intent of the
Legislature for counties to
consider ways to provide services
similar to those established
pursuant to the Mentally Ill
Offender Crime Reduction Grant
Program using Mental Health
Services Act Funds, as referenced
in Section 5813.5 of the Welfare
and Institutions Code and as
appropriate under this act.
4. Notwithstanding any other
provision of law, an additional
$34,897,000 ($15,796,000 General
Fund) in expenditures for
Schedule (2) has been deferred
until the 2010-11 fiscal year.
This deferral includes funding
for the 2006-07 cost settlement
and county shares of costs.
SEC. 358. Item 4440-101-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4440-101-0890--For local assistance,
Department of Mental Health, payable from the
Federal Trust Fund............................ 59,457,000
60,691,000
Schedule:
(1) 10.25-Community
Services-- Other
Treatment.............. 52,075,000
52,343,000
(2) 10.75-Community
Services-- Homeless
Mentally Disabled...... 7,382,000
8,348,000
Provisions:
1. The funds appropriated in this item
are for assistance to local
agencies in the establishment and
operation of mental health
services, in accordance with
Division 5 (commencing with Section
5000) of the Welfare and
Institutions Code.
2. The State Department of Mental Health
may
Health may authorize advance payments
of
payments of federal grant funds on a
monthly
a monthly basis to the counties for
grantees.
grantees. These advance payments may
not
may not exceed one-twelfth of
exceed one-twelfth of Section 2.00
of the individual
of the individual grant award for
the 2009-10 fiscal
the 2009-10 fiscal year.
3. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4440-001-0890.
SEC. 359. Item 4440-101-3085 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4440-101-3085--For local assistance,
Department of Mental Health, payable from 238,804,00
the Mental Health Services Fund............ 0
12,150,000
Schedule:
(1) 10.98-Community
Services-- Continued
Implementation of
the Mental Health
Services Act......... 12,150,000
52,150,000
(2) 10.30-Community
Services--EPSDT...... 226,654,000
(3) Reimbursements....... -40,000,000
Provisions:
1. It is the intent of the
Legislature to appropriately fund
the Early and Periodic Screening
Diagnostic and Treatment Program
using General Fund support to
obtain federal matching funds in
the event Mental Health Services
Act funds are not available for
this purpose.
SEC. 360. Item 4700-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4700-001-0890--For support of Department of
Community Services and Development, payable
from the Federal Trust Fund................... 12,304,000
28,368,000
Schedule:
(1) 20-Energy Programs..... 9,486,000
25,550,000
(2) 40-Community Services.. 3,346,000
(3) 50.01-Administration... 4,838,000
(4) 50.02-Distributed
Administration......... -4,838,000
(5) Reimbursements......... -528,000
Provisions:
1. On a federal fiscal year basis, the
Department of Community Services
and Development shall make the
following program allocation for
the community services block grant,
as a percentage of the total
block grant:
(a) Administration..... 5 percent
SEC. 361. Item 4700-101-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
4700-101-0890--For local assistance,
Department of Community Services and
Development, for assistance to individuals
and payments to service providers, payable
from the Federal Trust Fund................ 154,286,000
309,565,000
Schedule:
(1) 20-Energy Programs...... 92,154,000
158,282,00
0
(2) 40-Community Services...
151,283,00
0
(2) 40-Community Services... 62,132,000
Provisions:
1. On a federal fiscal year basis,
the department shall make the
the Department of Community
Services and Development shall
make the following program
following program allocations for
the community
the community services block grant
as a
as a percentage of the total block
grant:
(a) Discretionary.... 5 percent
(b) Migrant and
seasonal
farmworkers...... 10 percent
(c) Native American 3.9
Indian programs.. percent
(d) Community action
agencies and
rural community 76.1
services......... percent
All grantees under the community
services block grant program are
subject to standard state
contracting procedures required
under the program.
2. Funds scheduled in I t his it
em 4700-101-
may
0890 may be transferred to Item
4700-001-
4700-001-0890 for the
0890 for the administration of the Low
Income
Low Income Home Energy Assistance
Program,
Program, subject to approval of the
the Department of Finance.
SEC. 362. Item 5160-001-0001 of Section
2.00 of the Budget Act of 2009 is amended to read:
5160-001-0001--For support of Department of
Rehabilitation.............................. 58,071,000
Schedule:
(1) 10-Vocational
Rehabilitation
Services.............. 385,972,000
429,572,000
(2) 30-Independent Living
Services.............. 3,307,000
5,175,000
(3) 40.01-Administration.. 33,475,000
(4) 40.02-Distributed
Administration........ -33,475,000
(6) Reimbursements........ -7,900,000
(7) Amount payable from
the Vending Stand
Fund (Item 5160-001-
0600)................. -3,361,000
(8) Amount payable from
the Federal Trust
Fund (Item 5160-001-
0890)................. -319,727,000
-365,195,000
(9) Amount payable from
the Mental Health
Services Fund (Item
5160-001-3085)........ -220,000
Provisions:
1. Upon order of the Director of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4300-101-0001 to provide for
the transportation costs to and
from work activity programs of
clients who are receiving
vocational rehabilitation services
through the Vocational
Rehabilitation/Work Activity
Program (VR/WAP).
2. The Department of Rehabilitation
shall maximize its use of
certified time as a match for
federal vocational rehabilitation
funds. To the extent that
certified time is available, it
shall be used in lieu of the
General Fund moneys.
3. Upon order of the Director of
Finance, the Controller shall
transfer the General Fund share of
budgeted client costs as necessary
between this item and Item 4300-
101-0001 to provide for the net
transfer of clients, resulting
from program closures, between the
Department of Rehabilitation and
the State Department of
Developmental Services. The amount
transferred shall be based on the
amount budgeted per client by each
department for the remainder of
the fiscal year.
SEC. 363. Item 5160-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5160-001-0890--For support of Department
of Rehabilitation, for payment to Item
5160-001-0001, payable from the Federal
Trust Fund................................. 319,727,000
365,195,000
Provisions:
1. The amount appropriated in
this item that is payable from
federal Social Security Act
funds for vocational
rehabilitation services for
SSI/SSDI recipients shall be
expended only to the extent
that funds received exceed the
amount appropriated in Item
5160-101-0890 that is payable
from the federal Social
Security Act funds. It is the
intent of the Legislature that
first priority of federal
Social Security Act funding be
given to independent living
centers in the amount of
federal Social Security Act
funding appropriated in Item
5160-101-0890.
SEC. 364. Item 5160-101-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5160-101-0890--For local assistance,
Department of Rehabilitation, payable from
the Federal Trust Fund........................ 15,736,000
19,028,000
Schedule:
(1) 30-Independent Living
Services............... 15,736,000
19,028,000
SEC. 365. Item 5175-001-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5175-001-0001--For support of Department of
Child Support Services....................... 27,883,000
24,645,000
Schedule:
(1) 10-Child Support
Services.............. 82,644,000
73,121,000
(2) Reimbursements........ -123,000
(3) Amount payable from
the Federal Trust
Fund (Item 5175-001-
0890)................. -54,638,000
-48,353,000
SEC. 366. Item 5175-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5175-001-0890--For support of Department
of Child Support Services, for payment to
Item 5175-001-0001, payable from the
Federal Trust Fund........................ 54,638,000
48,353,000
SEC. 367. Item 5175-101-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5175-101-0001--For local assistance,
Department of Child Support Services...... 264,172,000
226,971,000
Schedule:
(1) 10-Child Support Services... 841,701
813,190
,000
(a) 10.01-Child
Support
Administratio 749,310,0
n............ 750,055,0
n............
00
(b) 10.03-Child
Support 92,391,00
Automation... 63,135,0
0
0
(2) Amount payable from the
Federal Trust Fund (Item -434,06
5175-101-0890).............. -442,75
5175-101-0890)..............
6,000
(3) Amount payable from the
Child Support Collections
Recovery Fund (Item 5175- -143,46
101-8004)................... 3,000
Provisions:
1. No funds appropriated in this item
shall be encumbered unless every
rule or regulation adopted and
every child support services letter
or similar instruction issued by
the Department of Child Support
Services that adds to the costs of
the child support program is
approved by the Department of
Finance as to the availability of
funds before it becomes effective.
In making the determination as to
availability of funds to meet the
expenditures of a rule, regulation,
or child support services letter
that would increase the costs of
the program, the Department of
Finance shall consider the amount
of the proposed increase on an
annualized basis, the effect the
change would have on the
expenditure limitations for the
program set forth in this act, the
extent to which the rule,
regulation, or child support
services letter constitutes a
deviation from the premises under
which the expenditure
limitations were prepared, and any
additional factors relating to the
fiscal integrity of the program or
the state's fiscal situation.
Notwithstanding Section 28.00, the
availability of funds contained in
this item for child support program
rules, regulations, or child
support services letters that add
to program costs funded from the
General Fund in excess of $500,000
on an annual basis, including those
that are the result of federal
regulations but excluding those
that are (a) specifically required
as a result of the enactment of a
federal or state law, or (b)
included in the appropriation made
by this act, shall not be approved
by the Department of Finance sooner
than 30 days after notification in
writing of the necessity therefor
to the chairpersons of the
committees in each house 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. Funds appropriated in
this item are for the child support
program consisting of state and
federal statutory law, regulations,
and court decisions, if funds
necessary to carry out those
decisions are specifically
appropriated in this act.
2. Notwithstanding any other provision
of law, a loan not to exceed
$136,000,000 shall be made
available from the General Fund,
from funds not otherwise
appropriated, to cover the federal
share of costs of the program when
the federal funds have not been
received by this state prior to the
usual time for transmitting that
federal share to the counties of
this state or to cover the federal
share of child support
collections for which the federal
funds have been reduced prior to
the collections being received from
the counties. This loan from the
General Fund shall be repaid when
the federal share of costs for the
program becomes available or when
the collections are received from
the counties.
3. The Department of Finance may
authorize the establishment of
positions and transfer of amounts
from this item to Item 5175-001-
0001 in order to allow the state to
perform the functions or oversee
the functions of the local child
support agency in the event a
county fails to perform that
function or is out of compliance
with state performance standards.
4. It is the intent of the
Legislature that the California
Child Support Automation Project
receive the highest commitment and
priority of all of the state's
child support automation activities.
5. The amounts appropriated in
Schedule (1)(b) 10.03-Child Support
Automation shall be available for
expenditure or encumbrance until
June 30, 2010. The Department of
Finance shall provide notification
to the Joint Legislative Budget
Committee of the amount of the
carryover within 10 working days
from the date the amount of the
carryover is determined.
6. The General Fund appropriation
reduced for this item is reduced by
$500,000 for the California Child
Support Automation System. The
Director of Finance, in
consultation with the Department of
Child Support Services, shall
apportion this reduction among
contracts, state operations, local
assistance, and personnel, with
corresponding adjustments to
federal funds authority.
SEC. 368. Item 5175-101-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5175-101-0890--For local assistance,
Department of Child Support Services, for
payment to Item 5175-101-0001, payable
from the Federal Trust Fund................ 434,066,000
442,756,000
Provisions:
1. Provisions 1 and 5 of Item
5175-101-0001 also apply to
this item.
2. The Department of Finance may
authorize the establishment of
positions and transfer of
amounts from this item to Item
5175-001-0890 in order to
allow the state to perform the
functions or oversee the
functions of the local child
support agency in the event a
county fails to perform that
function or is out of
compliance with state
performance standards.
3. Notwithstanding Section 28.00
or any other provision of law,
upon request of the Department
of Child Support Services, the
Department 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 5175-101-
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.
4. From the federal funds
appropriated in Schedule
(1)(b) of Item 5175-101-0001
(10.03-Child Support
Automation), an amount not to
exceed $78,811,000 shall be
available for expenditure or
encumbrance until June 30,
2010. The Department of
Finance shall provide
notification to the Joint
Legislative Budget Committee
of the amount of the carryover
within 10 working days from
the date that the amount of
the carryover is determined.
Notwithstanding Section 28.00
or any other provision of law,
upon request of the Department
of Child Support Services, the
Department 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 5175-101-
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. 369. Item 5180-101-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5180-101-0890--For local assistance,
Department of Social Services, for
payment to Item 5180-101-0001, payable
from the Federal Trust Fund............... 3,936,766,000
4,466,139,000
Provisions:
1. Provisions 1, 4, 6, 7, 8, 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. 370. Item 5180-141-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5180-141-0001--For local assistance,
Department of Social Services............. 542,393,000
568,580,000
Schedule:
(1) 16.75-County
Administration and
Automation Projects. 1,339,015,000
1,395,917,000
(2) Reimbursements...... -72,503,000
-68,867,000
(3) Amount payable from
the Federal Trust
Fund (Item 5180-
141-0890)........... -724,119,000
-758,470,000
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-
transfer of funds from this item
141-0001 and Item
5180-141-0890, to Items
Items 5180-001-0001 and 5180-001-
0890,
0890, for this purpose.
3. Provision 1 of Item 5180-101-0001
also applies to this item.
4. Pursuant to public assistance
caseload estimates reflected in
the annual Governor's Budget, the
Department of Finance may approve
expenditures in those amounts
made necessary by changes in
caseload that are in excess of
amounts appropriated in this act.
If the Department of Finance
determines that the estimate of
expenditures will exceed the
expenditures authorized for this
item, the department shall so
report to the Legislature. At the
time the report is made, the
amount of the appropriation made
by this item shall be
increased by the amount of the
excess unless and until otherwise
provided by law.
5. Nonfederal funds appropriated in
this item which have been
budgeted to meet the state's
Temporary Assistance for Needy
Families maintenance-of-effort
requirement established pursuant
to the federal Personal
Responsibility and Work
Opportunity Reconciliation Act of
1996 (P.L. 104-193) may not be
expended in any way that would
cause their disqualification as a
federally allowable maintenance-
of-effort expenditure.
6. Section 11.00 shall apply to
contracts entered into for the
development and implementation of
the Consortium IV, Interim
Statewide Automated Welfare
System, Los Angeles
Eligibility, Automated
Determination, Evaluation, and
Reporting, and Welfare Client
Data Systems consortia of the
Statewide Automated Welfare
System.
7. Upon request of the Department of
Finance, the Controller shall
transfer funds between this item
and Item 5180-153-0001 as needed
to reflect the estimated
expenditure amounts for each
county that opts into the Title
IV-E Child Welfare Waiver
Demonstration Project pursuant to
Section 18260 of the Welfare and
Institutions Code. The Department
of Finance shall report to the
Legislature the amount to be
transferred pursuant to this
provision. The transfer shall be
authorized at the time the report
is made.
SEC. 371. Item 5180-141-0890 of Section 2.00 of
the Budget Act of 2009 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......................... 724,119,000
758,470,000
Provisions:
1. Provisions 2, 3, 4, 6, and 7
of Item 5180-141-0001 also
apply to this item.
SEC. 372. Item 5180-151-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
5180-151-0001--For local assistance,
Department of Social Services.............. 634,529,000
763,375,000
Schedule:
(1) 25.30-Children and
Adult Services and
Licensing............ 2,185,920,000
2,159,705,000
(2) 25.35-Special
Programs............. 26,525,000
26,853,000
(3) Reimbursements....... -143,099,000
-153,144,000
(4) Amount payable from
the Child Health and
Safety Fund (Item
5180-151-0279)....... -1,264,000
(5) Amount payable
from the State
Children's Trust
Fund (Item 5180-151-
0803)................ -3,755,000
(6) Amount payable from
the Federal Trust
Fund (Item 5180-151- -1,313,798,00
0890)................
-1,261,020,0 0
0
(7) Amount payable from
the Child Welfare
Services Program
Improvement Fund
(Item 5180-151-8023). -4,000,000
(8) Amount payable from
the Proposition 10
Health and Human
Services Fund (Item
5180-151-3148)....... -112,000,000
Provisions:
1. Provision 1 of Item 5180-101-0001
also applies to this item.
2. Notwithstanding Chapter 1
(commencing with Section 18000) of
Part 6 of Division 9 of the
Welfare and Institutions Code, a
loan not to exceed $50,000,000
shall be made available from the
General Fund from funds not
otherwise appropriated, to cover
the federal share of costs of
a program when the federal funds
have not been received by this
state prior to the usual time for
transmitting that federal share to
the counties of this state. That
loan from the General Fund shall
be repaid when the federal share
of costs for the program becomes
available.
3. The Department of Finance may
authorize the establishment of
positions and transfer of amounts
from this item to Item 5180-001-
0001, in order to allow the state
to perform the facilities
evaluation function of Community
Care Licensing in the event the
counties fail to perform that
function.
4. Nonfederal funds appropriated in
this item which have been budgeted
to meet the state's Temporary
Assistance for Needy Families
maintenance-of-effort requirement
established pursuant to the
federal Personal Responsibility
and Work Opportunity
Reconciliation Act of 1996 (P.L.
104-193) may not be expended in
any way that would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
5. The Department of Finance may
authorize the establishment of
positions and transfer of amounts
from this item to Item 5180-001-
0001, in order to allow the state
to perform the adoptions function
in the event that a county
notifies the State Department of
Social Services that it intends to
cease performing that function.
6. (a) Of the amount appropriated
in this item, $57,836,000
shall be provided to
counties to fund
additional child welfare
services activities and
shall be allocated based
on child welfare services
caseload and county unit
costs. However, no county
shall receive less than
$100,000. These funds
shall be expressly
targeted for emergency
response, family
reunification, family
maintenance, and permanent
placement services and
shall be used to
supplement, and shall not
be used to supplant, child
welfare services funds. A
county is not required to
provide a match of the
funds received pursuant to
this provision if the
county appropriates the
required full match for
the county's child welfare
services program exclusive
of the funds received
pursuant to this
provision. These funds are
available only to counties
that have certified that
they are fully utilizing
the Child Welfare
Services/Case Management
System (CWS/CMS) or have
entered into an agreed-
upon plan with the State
Department of Social
Services outlining the
steps that will be taken
to achieve full
utilization. The
department shall
reallocate any funds that
counties choose not to
accept under this
provision, to other
counties based on the
allocation formula
specified in this
provision.
(b) The department, in
collaboration with the
County Welfare Directors
Association and
representatives from labor
groups representing social
workers, shall develop the
definition of full
utilization of the
CWS/CMS, the method for
measuring full
utilization, the process
for the state and counties
to work together to move
counties toward full
utilization, and
measurements of progress
toward full utilization.
7. The State Department of Social
Services shall consult with the
counties, children's advocates,
and current and former foster
youth in the development and
implementation of permanency and
youth services initiatives.
8. Upon request by the Department of
Finance, the Controller shall
transfer funds between this item
and Item 5180-153-0001 as needed
to reflect the estimated
expenditure amounts for each
county that opts into the Title IV-
E Child Welfare Waiver
Demonstration Project pursuant to
Section 18260 of the Welfare and
Institutions Code. The Department
of Finance shall report to the
Legislature the amount to be
transferred pursuant to this
provision. The transfer shall be
authorized at the time the report
is made.
9. It is the intent of the
Legislature to fund Program 25.30-
Children and Adult Services
Licensing of this item using
General Fund moneys in the event
the Proposition 10 funds
identified in Item 5180-151-3148
are not available for this purpose.
SEC. 373. Item 5180-151-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5180-151-0890--For local assistance,
Department of Social Services, for
payment to Item 5180-151-0001, payable
from the Federal Trust Fund............... 1,313,798,000
1,261,020,000
Provisions:
1. Provisions 1, 3, 5, 6, and 8
of Item 5180-151-0001 also
apply to this item.
SEC. 374. Item 5180-153-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5180-153-0890--For local assistance,
Department of Social Services, for payment
to Item 5180-153-0001, payable from the
Federal Trust Fund......................... 481,417,000
503,274,000
Provisions:
1. Upon request by the Department
of Finance, the Controller
shall transfer funds between
this item and Items 5180-101-
0890, 5180-141-0890, and 5180-
151-0890 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. In
addition, funds appropriated
in this item may also be
transferred to Item 5180-151-
0890 for the Child Welfare
Services Outcome Improvement
Project. 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. 375. Item 5225-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
5225-001-0001--For support of Department
of Corrections and Rehabilitation......... 6,887,426,000
6,161,656,000
Schedule:
(1) 10-Corrections and
Rehabilitation
Administration...... 396,054,000
382,569,000
(3)
15-Corrections
Standards Authority. 11,945,000
(4) 20-Juvenile
Operations.......... 255,030,000
254,146,000
(5) 21-Juvenile
Education,
Vocations, and
Offender Programs... 13,125,000
(6) 22-Juvenile Paroles. 33,747,000
33,555,000
(7) 23-Juvenile Health
Care................ 82,699,000
84,907,000
(8) 25-Adult
Corrections and
Rehabilitation 5,118,266,0
Operations.......... 0
5,152,129, 0
00
(9) 30-Parole
Operations-- Adult.. 826,375,000
788,099,000
(10) 35-Board of Parole
Hearings............ 126,328,000
110,931,000
(11) 40-Community
Partnerships........ 16,629,000
15,517,000
(12) 45-Education,
Vocations, and
Offender Programs--
Adult............... 612,378,000
554,916,000
(13) Reimbursements...... -128,461,00
-486,583,00
0
(13.5) 97.20.001-
Unallocated -400,000,00
Unallocated -677,502,00
Reduction........... 0
(14) Amount payable from
the Corrections
Training Fund (Item
5225-001-0170)...... -2,693,000
(15) Amount payable from
the Federal Trust
Fund (Item 5225-001-
0890)............... -7,292,000
(16) Amount payable from
the Inmate Welfare
Fund (Item 5225-001-
0917)............... -66,704,000
-66,113,000
Provisions:
1. Any funds recovered as a result
of audits of locally operated
return-to-custody centers shall
revert to the General Fund.
2. When contracting with counties
for vacant jail beds for any
inmate under the jurisdiction
of the Secretary of the
Department of Corrections and
Rehabilitation, the department
shall not reimburse counties
more than the average amount it
costs the state to provide the
same services in comparable
state institutions. This
restriction shall not apply to
any existing contract, but
shall apply to the extension or
renewal of that contract. In
addition, the total operational
cost of incarcerating state
inmates in leased county jail
beds (which includes state
costs, but is exclusive of one-
time and capital outlay costs)
shall not exceed the
department's average cost for
operating comparable
institutions.
3. Notwithstanding any other
provision of law, but subject
to providing 30 days' prior
notification to the Joint
Legislative Budget Committee,
funds appropriated in Schedule
(8) or (9), or both, may be
transferred to Item 5225-101-
0001, Schedule (7), upon order
of the Director of Finance, to
provide funds for the
reimbursement of counties for
the cost of holding parole
violators in local jail.
4. Not later than 60 days
following enactment of this
act, and subsequently on
February 10 and upon release of
the May Revision, the Secretary
of the Department of
Corrections and Rehabilitation
shall submit to the Director of
Finance the Post Assignment
Schedule for each adult
institution, reconciled to
budgeted authority and
consistent with approved
programs, along with allotments
consistent with the reconciled
Post Assignment Schedule for
each adult institution.
5. Not later than February 17,
2010, the Secretary of the
Department of Corrections and
Rehabilitation shall submit to
the chairpersons and vice
chairpersons of the committees
in both houses of the
Legislature that consider the
State Budget and to the
Legislative Analyst's Office an
operating budget for each of
the correctional facilities
under the control of the
department. Specifically, the
report shall include: (a) year-
year end expenditures by program for
for each institution in the
each institution in the 2008-09
fiscal year, (b)
fiscal year, (b) allotments and
projected
projected expenditures by program
for
program for each institution in the
2009-10
the 2009-10 fiscal year, (c) the
number of
the number of authorized and
vacant
vacant positions, estimated
overtime
overtime budget, estimated
benefits
b enefits b udget, and operating
expense
expense and equipment budget for
each
for each institution, and (d) a
list of
list of all capital outlay
projects
projects occurring or projected to
occur
to occur during the 2009-10
fiscal
year.
fiscal year.
6. Funds appropriated to
accommodate projected adult
institutional and parolee
population levels in excess of
those that actually
materialize, if any, shall
revert to the General Fund.
No later than January 10, 2010,
the Department of Corrections
and Rehabilitation (DCR), in
consultation with the Office of
the Receiver, shall report to
the budget committees of both
houses of the Legislature on
its overtime expenditures for
security staff (correctional
officers, sergeants, and
lieutenants) in the 2008-09 and
2009-10 fiscal years, including
both security staff under the
direction of the DCR and the
Office of the Receiver. This
report shall (a) identify the
total budgeted resources
available to DCR and the Office
of the Receiver for security
staff overtime (including
funding for correctional relief
officers and overtime funding
for medical guarding and
transportation), (b) compare
the total budgeted resources to
actual overtime expenditures
and describe how DCR and the
Office of the Receiver
accommodated any identified
funding shortfall, (c) identify
the estimated amount by which
different factors (such as
vacancy rates) drive overtime
costs, (d) provide an estimate
of the DCR's and the Office of
the Receiver's actual need for
overtime funding, and (e)
include a plan for how DCR and
the Office of the Receiver will
control overtime expenditures
in the future.
7. Of the amount appropriated
in
8. Notwithstanding any other
provision of law, and no sooner
than 30 days after notifying
the Joint Legislative Budget
Committee and the chairpersons
of the fiscal committees in
each house of the Legislature,
the Department of Finance may
reduce the amount appropriated
in this item commensurate with
savings identified by the
Department of Corrections and
Rehabilitation related to the
implementation of reforms to
the Division of Juvenile
Justice during the 2009-10
fiscal year. Program reductions
may be made to Programs 20, 21,
22, and 23. Reductions shall
not be made below funding
levels needed to maintain
compliance with the Farrell
Remedial Plans.
Schedule (1), $3,270,000 is for
9. (a) The funds appropriated
in this item are
restricted for use by
the Department of
Corrections and
Rehabilitation for the
specific programmatic
and operational purposes
specified in the
Supplemental Report of
the Budget Act of 2009.
The department shall
provide two reports
identifying its progress
toward expending these
funds during the 2009-10
fiscal year to the Joint
Legislative Budget
Committee and the fiscal
committees of both
houses of the
Legislature. The first
report shall be due
February 1, 2010, and
shall separately detail
the activities of the
first two quarters of
the 2009-10 fiscal year.
The second report shall
be due May 1, 2010, and
shall display the
activities for the third
quarter of the 2009-10
fiscal year. The funds
identified in the
Supplemental Report of
the Budget Act of 2009
shall be utilized for
the purposes specified,
and any unspent funds
shall revert to the
General Fund.
contract costs to provide
(b) In situations where
fluctuations in
population result in
lower expenditure levels
as identified in the
department's population
budget change proposals,
these savings shall be
captured in the
population funding
estimates and may be
used to offset other
population-related
expenditure increases.
employees of the Department of
(c) After providing a 30-day
notification period to
the Joint Legislative
Budget Committee, the
department may expend
funds identified in the
Supplemental Report of
the Budget Act of 2009
on other identified
needs.
Corrections and Rehabilitation
10. The Department of Corrections
and Rehabilitation (DCR) shall
continue its efforts in
consultation with legislative
staff and the Department of
Finance to create a more
accurate and transparent
population budget request for
caseload-related funding. In
particular, DCR shall identify
appropriate funding formulas to
use to estimate staffing levels
and funding associated with
changes in the projected
inmate, parolee, and ward
populations. These formulas
shall be presented to the
Legislature no later than
January 10, 2010, so as to be
considered during budget
deliberations. If approved,
these formulas shall be
incorporated into DCR's budget
request the following year.
with tuberculosis testing and
Hepatitis B vaccinations. Any
funds not expended for this
purpose by June 30, 2010, shall
revert to the General Fund.
11. The Budget Act of 2009 reflects
a $249,510,000 reduction in
inmate and parolee programs
designed to reduce recidivism.
The Department of Corrections
and Rehabilitation shall report
actual contract expenditures to
implement these reductions
consistent with the following
requirements: (a) the
department shall prioritize the
preservation of programs for
which there is evidence-based
on studies of the programs
operated by the department or
in the national literature-that
they are effective at reducing
recidivism, (b) the D d
epartment of
Finance.
shall seek to achieve savings
through more efficient
operations in the delivery of
these programs, (c) the
department shall seek to place
inmates and parolees into
programs for which they are
best suited by prioritizing the
placement of offenders who are
assessed as higher risk to
reoffend, demonstrate a
significant need for the
services provided for a
particular program, and who
have a sufficient amount of
time left to serve in prison to
reasonably complete the program
or, at a minimum, make a
reasonable amount of progress
that it is possible to have an
impact on their likelihood of
recidivating, (d) the
department shall seek to
prioritize the elimination of
vacant positions over laying
off existing staff, (e) the
department shall seek to use
available resources to maximize
the number of inmates and
parolees who have access to and
complete programs, and (f) the
department shall seek to
maximize the use of federal or
other funds to maintain or
enhance inmate and parolee
programs. No later than August
15, 2009, the department shall
report to the Joint Legislative
Budget Committee a detailed
plan as to how it will achieve
$249,510,000 in savings from
inmate and parolee programs, as
well as how that plan is
consistent with the
requirements of this provision.
No later than April 15, 2010,
the department shall report to
the joint committee regarding
its progress in achieving these
savings.
SEC. 376. Item 5225-001-0917 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5225-001-0917--For support of Department
of Corrections and Rehabilitation, for
payment to Item 5225-001-0001, payable
from the Inmate Welfare Fund.............. 66,704,000
66,113,000
SEC. 377. Item 5225-002-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5225-002-0001--For support of Department
of Corrections and Rehabilitation........ 2,262,086,000
2,221,944,000
Schedule:
(1) 10-Corrections and
Rehabilitation
Administration...... 8,548,000
8,614,000
(2) 25-Adult
Corrections and
Rehabilitation
operations.......... 261,530,000
261,419,000
(3) 50.10-Medical 1,207,604,00
Services-- Adult....
1,184,953,0 0
0
(4) 50.20-Dental
Services-- Adult.... 180,917,000
179,754,000
(5) 50.30-Mental Health
Services-- Adult.... 357,381,000
341,358,000
(6) 50.40-Ancillary
Health Care
Services-- Adult.... 195,710,000
(7) 50.50-Dental and
Mental Health
Services
Administration--
Adult............... 52,667,000
52,407,000
(8) Reimbursements...... -2,271,000
Provisions:
1. On February 14, 2006, the United
States District Court in the
case of Plata v. Schwarzenegger
(No. C01-1351 THE) suspended the
exercise by the Secretary of the
Department of Corrections and
Rehabilitation of all powers
related to the administration,
control, management, operation,
and financing of the
California prison medical health
care system. The court ordered
that all such powers vested in
the Secretary of the Department
of Corrections and
Rehabilitation were to be
performed by a Receiver
appointed by the court
commencing April 17, 2006, until
further order of the court. The
Director of the Division of
Correctional Health Care
Services of the Department of
Corrections and Rehabilitation
is to administer this item to
the extent directed by the
Receiver.
2. Notwithstanding any other
provision of law, the Department
of Corrections and
Rehabilitation is not required
to competitively bid for health
services contracts in cases
where contracting experience or
history indicates that only one
qualified bid will be received.
3. Notwithstanding Section 13324 of
the Government Code or Section
32.00 of this act, no state
employee shall be held
personally liable for any
expenditure or the creation of
any indebtedness in excess of
the amounts appropriated
therefor as a result of
complying with the directions of
the Receiver or orders of the
United States District Court in
Plata v. Schwarzenegger.
4. The amounts appropriated in
Schedules (2), (3), and (6) are
available for expenditure by the
Receiver appointed by the Plata
v. Schwarzenegger court to carry
out its mission to deliver
constitutionally adequate
medical care to inmates.
5. The amounts appropriated in
Schedules (1), (4), (5), and (7)
are available for expenditure by
the Department of Corrections
and Rehabilitation to provide
mental health and dental
services only.
6. (a) The funds appropriated in
this item are restricted
for use by the Department
of Corrections and
Rehabilitation for the
specific programmatic and
operational purposes
specified in the
Supplemental Report of
the Budget Act of 2009.
The department shall
provide two reports
identifying its progress
toward expending these
funds during the 2009-10
fiscal year to the Joint
Legislative Budget
Committee and the fiscal
committees of both houses
of the Legislature. The
first report shall be due
February 1, 2010, and
shall separately detail
the activities of the
first two quarters of the
2009-10 fiscal year. The
second report shall be
due May 1, 2010, and
shall display the
activities for the third
quarter of the 2009-10
fiscal year. The funds
identified in the
Supplemental Report of
the Budget Act of 2009
shall be utilized for the
purposes specified, and
any unspent funds shall
revert to the General
Fund.
(b) In situations where
fluctuations in
population result in
lower expenditure levels
as identified in the
department's population
budget change proposals,
these savings shall be
captured in the
population funding
estimates and may be used
to offset other
population-related
expenditure increases.
(c) After providing a 30-day
notification period to
the Joint Legislative
Budget Committee, the
department may expend
funds identified in the
Supplemental Report of
the Budget Act of 2009 on
other identified needs.
SEC. 378. Item 5225-011-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5225-011-0001--For support of Department
of Corrections and Rehabilitation
(Proposition 98)........................... 48,558,000
49,696,000
Schedule:
(1) 21-Juvenile
Education,
Vocations, and
Offender Programs.... 48,558,000
49,696,000
Provisions:
1. Notwithstanding any other
provision of law, and no sooner
than 30 days after notifying the
Joint Legislative Budget
Committee, and the chairpersons
of the fiscal committees in each
house of the Legislature, the
Department of Finance may reduce
the amount appropriated in this
item commensurate with savings
identified by the Department of
Corrections and Rehabilitation
related to the implementation of
reforms to the Division of
Juvenile Justice during the 2009-
10 fiscal year. Program
reductions may be made to
Program 21. Reductions shall not
be made below funding levels
needed to maintain compliance
with the Farrell Remedial Plans.
SEC. 379. Item 5225-101-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5225-101-0001--For local assistance,
Department of Corrections and Rehabilitation. 79,226,000
74,889,000
Schedule:
(1) 15-Corrections
Standards Authority... 835,000
(2) 20-Juvenile
Operations............ 78,000
(3) 22-Juvenile Paroles... 1,403,000
(4) 25.15.010-Adult
Corrections and
Rehabilitation
Operations--
Transportation of
Inmates............... 278,000
(5) 25.15.020-Adult
Corrections and
Rehabilitation
Operations-- Return
of Fugitives.......... 2,593,000
(6) 25.30-Adult
Corrections and
Rehabilitation
Operations-- County
Charges............... 20,819,000
(7) 30-Parole Operations-
- Adult............... 53,220,000
48,883,000
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 $ 84 77
. 29 17
per day, and shall be
limited to the detention
costs for those days on
which parolees are held
subject only to a
Department of Corrections
and Rehabilitation request
pursuant to subdivision
(b) of Section 4016.5 of
the Penal Code.
Expenditures shall be
charged to either the
fiscal year in which the
claim is received by the
Department of Corrections
and Rehabilitation or the
fiscal year in which the
warrant is issued.
2. Notwithstanding any other
provision of law, upon 30-day
prior notification to the
Chairperson of the Joint
Legislative Budget Committee,
funds appropriated in Schedule (7)
of this item may be transferred to
Schedule (8) or (9), or both, of
Item 5225-001-0001, upon order of
the Director of Finance, to
provide funds for the
reimbursement of counties for the
cost of holding parole
violators in local jails or for
the auditing or monitoring of
local assistance costs.
3. The amounts appropriated in
Schedules (2) and (3) are provided
for the following purposes:
(a) To pay the transportation
costs of persons committed
to the Department of
Corrections and
Rehabilitation to or
between its facilities,
including the return of
parole violators, provided
that expenditures made
under this item shall be
charged to either the
fiscal year in which the
claim is received by the
Controller or the fiscal
year in which the warrant
is issued by the
Controller. However,
claims shall be filed by
local jurisdictions within
six months after the
end of the month in which
the costs are incurred.
(b) To reimburse counties,
pursuant to Section 1776
of the Welfare and
Institutions Code, for the
cost of the detention of
the Department of
Corrections and
Rehabilitation parolees
who are detained on
alleged parole violations,
provided that expenditures
made under this item shall
be charged to either the
fiscal year in which the
claim is received by the
Controller or the fiscal
year in which the warrant
is issued by the
Controller. However,
claims shall be filed by
local jurisdictions within
six months after the end
of the month in which the
costs are incurred.
SEC. 380. Item 5225-301-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5225-301-0001--For capital outlay, Department
of Corrections and Rehabilitation, payable
from the General Fund......................... 39,776,000
20,212,000
Schedule:
(1) 61.01.001-Statewide:
Budget Packages and
Advance Planning--
Study.................. 2,000,000
(2) 61.01.115-Statewide:
Reentry Facility Site
Evaluations-- Study
and acquisition........ 5,000,000
(3) 61.01.204-Statewide:
Small Management
Exercise Yards (PSU
(Psychiatric Services
Unit and Security
Housing Unit)--
and SHU)-- Preliminary plans and
plans and working
drawings.......
278,000
drawings............... 278,000
(7) 61.08.061-California
Institution for Men,
Chino: Housing Unit
Fire, Life, and Safety
Modifications--
Preliminary plans,
working drawings, and
construction........... 1,777,000
(8) 61.13.016-California
Institution for Women,
Frontera: 20-Bed
Psychiatric Services
Unit-- Construction.... 5,729,000
6,433,000
(9) 61.14.030-Minor
Projects............... 3,848,000
(11) 61.15.039-California
Rehabilitation Center,
Norco: Install Bar
Screen-- Construction.. 959,000
(12) 61.16.021-Sierra
Conservation Center,
Jamestown: Effluent
Disposal Pipeline--
Construction........... 4,851,000
(13) 61.18.008-Mule Creek
State Prison, Ione:
Wastewater Treatment
Plant Improvements--
Construction........... 5,072,000
(14) 61.34.004-Ironwood
State Prison, Blythe:
Heating, Ventilation,
and Air-Conditioning
System--Working
drawings............... 9,192,000
(15) 61.47.007-California
State Prison-
Sacramento, Represa:
Enhanced Outpatient
Program, Facility B,
Treatment and Office
Space-- Working
drawings............... 1,070,000
876,000
Provisions:
1. The funds appropriated in Schedule
(1) are to be allocated by the
Department of Corrections and
Rehabilitation, upon approval by
the Department of Finance, to
develop design and cost
information for new projects for
which funds have not been
previously appropriated, but for
which preliminary plan funds,
working drawings funds, or
working drawings and construction
funds are expected to be included
in the 2010-11 or 2011-12 Budget
Act, and for which cost estimates
or preliminary plans can be
developed prior to legislative
hearings on the 2010-11 or 2011-12
Budget Acts, respectively. Upon
approval by the Department of
Finance, these funds may also be
used to develop scope and cost
information for projects
authorized by Section 15819.40 of
the Government Code. These funds
may be used for all of the
following: budget package
development, environmental
services, architectural
programming, engineering
assessments, schematic design, and
preliminary plans. The amount
appropriated in this item for
these purposes is not to be
construed as a commitment by the
Legislature as to the amount of
capital outlay funds it will
appropriate in any future year.
Before using these funds for
preliminary plans, the Department
of Corrections and Rehabilitation
shall provide a 20-day
notification to the Chairperson of
the Joint Legislative Budget
Committee, the chairpersons of the
respective fiscal committee of
each house of the Legislature, and
the legislative members of the
State Public Works Board,
discussing the scope, cost, and
future implications of the use of
funds for preliminary plans.
2. As used in this appropriation,
studies shall include site studies
and suitability reports,
environmental studies, master
planning, architectural
programming and schematics.
3. The unexpended portion of funds
appropriated in Schedules (8) and
(15) shall be reverted if the
projects for which they are
appropriated are removed from the
mental health bed plan, as
approved by the Coleman Court, and
are no longer necessary to
meet the mental health space needs
required by the Coleman Court.
4. The Department of Corrections and
Rehabilitation shall report to, in
writing, the chairpersons of the
committees in each house of the
Legislature that consider
appropriations and the Chairperson
of the Joint Legislative Budget
Committee by May 1, 2010, on the
reconciliation of the funds
appropriated in Schedule (9).
5. The funds appropriated in Schedule
(2) are to be allocated by the
Department of Corrections and
Rehabilitation, upon approval of
the Department of Finance, for
site investigation and real estate
due diligence activities
preliminary to the site selection
and acquisition of interests
in real property. In performing
these activities the Department of
Corrections and Rehabilitation is
authorized, upon approval of the
State Public Works Board, to enter
into agreements for the
acquisition of an option to
purchase real property.
SEC. 381. Item 5225-301-0660 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5225-301-0660--For capital outlay, Department
of Corrections and Rehabilitation, payable
from the Public Buildings Construction Fund... 14,950,000
Schedule:
(1) 61.15.035-California
Rehabilitation Center,
Norco: Replace Men's
Dorms-- Construction... 14,950,000
Provisions:
1. The State Public Works Board may
issue lease-revenue bonds, notes,
or bond anticipation notes pursuant
to Chapter 5 (commencing with
Section 15830) of Part 10b of
Division 3 of Title 2 of the
Government Code to finance the
construction of the projects
authorized by this item.
2. The Department of Corrections and
Rehabilitation and the State Public
Works Board are authorized and
directed to execute and deliver any
and all leases, contracts,
agreements, or other documents
necessary or advisable to
consummate the sale of bonds or
otherwise effectuate the financing
of the scheduled projects.
3. The State Public Works Board shall
not be deemed a lead or responsible
agency for purposes of the
California Environmental Quality
Act (Division 13 (commencing with
Section 21000) of the Public
Resources Code) for any activities
under the State Building
Construction Act of 1955 (Part 10b
(commencing with Section 15800) of
Division 3 of Title 2 of the
Government Code). This provision
does not exempt the Department of
Corrections and Rehabilitation from
the requirements of the California
Environmental Quality Act. This
provision is declaratory of
existing law.
4. Notwithstanding any other provision
of law, the funds appropriated in
this item shall be available for
expenditure during the 2009-10
fiscal year, except appropriations
for acquisitions which shall be
available for expenditure until
June 30, 2012, appropriations for
working drawings which shall be
available for expenditure until
June 30, 2011, and appropriations
for construction which shall be
available for expenditure until
June 30, 2014. In addition, the
balance of the funds appropriated
for construction that have not been
allocated, through fund transfer or
approval to bid, by the Department
of Finance on or before June 30,
2012, shall revert as of that date
to the fund from which the
appropriation was made.
5. Notwithstanding any other provision
of law, the Department of
Corrections and Rehabilitation
shall not encumber or expend funds
for the San Quentin Condemned
Inmate Complex project, as
authorized in the Budget Act of
2003 (Ch. 157, Stats. 2003) and the
Budget Act of 2008 (Chs. 268 and
269, Stats. 2008), until the
following conditions have been met:
(a) the department determines it
can legally double-cell condemned
inmates, (b) federal court
litigation on prison overcrowding
currently before the three-judge
panel convened under the Prison
Litigation Reform Act (42 U.S.C.
Sec. 1997 et seq.) in both Plata v.
Schwarzenegger and Coleman v.
Schwarzenegger is resolved, and (c)
environmental impact review
pursuant to the California
Environmental Quality Act (Division
13 (commencing with Section 21000)
of the Public Resources Code) is
completed for any modifications to
the proposed stormwater outfall.
SEC. 382. Item 5225-301-0747 of Section 2.00 of
the Budget Act of 2009 is amended to read:
5225-301-0747--For capital outlay, Department
of Corrections and Rehabilitation, payable
from the 1988 Prison Construction Fund........ 1,646,000
750,000
Schedule:
(1) 61.06.020-Deuel Vocational
Institution, Tracy: New
Minimum Support Dining
Facility-- Preliminary
plans, working drawings,
and construction............ 1,646,000
750,000
SEC. 383. Item 5225-490 is added to Section 2.00
of the Budget Act of 2009, to read:
5225-490--Reappropriation, Department of
Corrections and Rehabilitation. The balances
of the appropriations provided in the
following citations are reappropriated for the
purposes provided in the appropriations and
shall be available for expenditure or
encumbrance until June 30, 2010:
0001--General Fund
(1) Item 5225-101-0001, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006). The
balance of the funds appropriated for
the Juvenile Justice Community Reentry
Challenge Grant Program is
reappropriated for that purpose and
shall be available for expenditure or
encumbrance until June 30, 2010.
SEC. 384. Item 5225-491 is added to Section 2.00 of the
Budget Act of 2009, to read:
5225-491--Reappropriation, Department of Corrections
and Rehabilitation. The balances of the
appropriations provided in the following citations
are reappropriated for the purposes and subject to
the limitations, unless otherwise specified, provided
for in the appropriations:
0001--General Fund
(1) Subdivision (a) of Section 28 of Chapter
7 of the Statutes of 2007
For capital outlay to renovate, improve,
or expand infrastructure capacity at
existing prison facilities. The balance
of this appropriation shall be available
for expenditure or encumbrance until
June 30, 2013.
(2) Item 5225-301-0001, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
(6) 61.06.029-Deuel Vocational
Institution, Tracy:
Groundwater Treatment/Non-
Potable Water Distribution
System--Construction
+
(3) Item 5225-301-0001, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(7) 61.07.107-Folsom State Prison,
Represa: Renovate Branch
Circuit Wiring, Building No. 5-
-Construction
(9) 61.13.016-California
Institution for Women,
Frontera: 20-Bed Psychiatric
Services Unit--Working drawings
(12) 61.15.039-California
Rehabilitation Center, Norco:
Install Bar Screen-
-Preliminary plans and working
drawings
0660--Public Buildings Construction Fund
(1) Item 5225-301-0660, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
reappropriated by Item 5225-491, Budget
Act of 2006 (Chs. 47 and 48, Stats. 2006)
(4) 61.35.007-Salinas Valley State
Prison, Soledad: 64 Bed Mental
Health Facility--Construction
0751--1990 Prison Construction Bond Fund
(1) Item 5225-301-0751, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
(1) 61.31.002-Pleasant Valley
State Prison, Coalinga: Bar
Screen, Prelift Station-
-Construction
SEC. 385. Item 5225-496 is added to Section 2.00 of the
Budget Act of 2009, to read:
5225-496--Reversion, Department of Corrections
and Rehabilitation. As of June 30, 2009, the
balances specified below of the appropriations
provided in the following citations shall
revert to the balance in the fund from which
the appropriations were made:
0001--General Fund
(1) $20,000,000 from subdivision (a) of
Section 28 of Chapter 7 of the
Statutes of 2007
SEC. 386. Item 6110-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
6110-001-0001--For support of Department of
Education.................................... 40,401,000
X
38,210,000
U Schedule:
(2) 20-Instructional
Support............... 155,628,000
X
158,747,000
U (3) 30-Special Programs... 51,273,000
U 54,632,000
U (4) 40-Executive
Management and
Special Services...... 9,795,000
(6) 42.01-Department
Management and
Special Services...... 33,684,000
(7) 42.02-Distributed
Department Management
and Special Services.. -33,684,000
(7.5) 97.20.001-Unallocated
Reduction............. -13,753,000
(8) Reimbursements........ -16,163,000
X
-16,602,000
U (9) Amount payable from
Federal Trust Fund
(Item 6110-001-0890).. -145,715,000
U -153,945,000
U (10) Amount payable from
Mental Health
Services Fund (Item
6110-001-3085)........ -664,000
Provisions:
1. Notwithstanding Section 33190 of
the Education Code, or any other
provision of law, the State
Department of Education shall
expend no funds to prepare (a) a
statewide summary of student
performance on school district
proficiency assessments or (b) a
compilation of information on
private schools with five or fewer
pupils.
2. Funds appropriated in this item
may be expended or encumbered to
make one or more payments under a
personal services contract of a
visiting educator pursuant to
Section 19050.8 of the Government
Code, a long-term special
consultant services contract, or
an employment contract between an
entity that is not a state agency
and a person who is under the
direct or daily supervision of a
state agency, only if all of the
following conditions are met:
(a) The person providing
service under the contract
provides full financial
disclosure to the Fair
Political Practices
Commission in accordance
with the rules and
regulations of the
commission.
(b) The service provided under
the contract does not
result in the displacement
of any represented civil
service employee.
(c) The rate of compensation
for salary and health
benefits for the person
providing service under
the contract does not
exceed by more than 10
percent the current rate
of compensation for salary
and health benefits
determined by the
Department of Personnel
Administration for civil
service personnel in a
comparable position. The
payment of any other
compensation or any
reimbursement for travel
or per diem expenses shall
be in accordance with the
State Administrative
Manual and the rules and
regulations of the
California Victim
Compensation and
Government Claims Board.
3. The funds appropriated in this
item may not be expended for any
REACH program.
4. The funds appropriated in this
item may not be expended for the
development or dissemination of
program advisories, including, but
not limited to, program advisories
on the subject areas of reading,
writing, and mathematics, unless
explicitly authorized by the State
Board of Education.
5. Of the funds appropriated in this
item, $206,000 shall be available
as matching funds for the
Department of Rehabilitation to
provide coordinated services to
disabled pupils. Expenditure of
the funds shall be identified in
the memorandum of understanding or
other written agreement with the
Department of Rehabilitation to
ensure an appropriate match to
federal vocational rehabilitation
funds.
6. Of the funds appropriated in this
item, no less than $2,420,000 is
available for support of child
care services, including state
preschool.
7. Of the funds appropriated in this
item, $164,000 is provided solely
for the purpose of funding
existing positions from within the
State Department of Education to
provide the Curriculum Development
and Supplemental Materials
Commission with subject matter
specialists.
8. Of the funds appropriated in this
item, $411,000, as subsequently
adjusted for employee
compensation, shall be available
for costs associated with the
administration of the High
Priority Schools Grant Program
pursuant to Article 3.5
(commencing with Section
52055.600) of Chapter 6.1 of Part
28 of Division 4 of Title 2 of the
Education Code and the Immediate
Intervention/Underperforming
Schools Program pursuant to
Article 3 (commencing with Section
52053) of Chapter 6.1 of Part 28
of Division 4 of Title 2 of the
Education Code.
9. By October 31 of each year, the
State Department of Education
(SDE) shall provide to the
Department of Finance a file of
all charter school average daily
attendance (ADA) and state and
local revenue associated with
charter school general purpose
entitlements as part of the P2
Revenue Limit File. By March 1 ,
of
U
X each year, the SDE shall provide
U to the Department of Finance a
U file of all charter school ADA and
U state and local revenue associated
U with charter school general
U purpose entitlements as part of
U the P1 Revenue Limit File. It is
U the expectation that such reports
U will be provided annually.
U 2009, the SDE shall provide to the
X
10. On or before April 15 of each
U year, the State Department of
Finance a file of
X
all charter school ADA and state
and local revenue associated with
charter school general purpose
entitlements as part of the P1
Revenue Limit File. It is the
expectation that such reports will
be provided annually.
Education (SDE) shall provide to
10. On or before April 15, 2009, the
State Department of Education
(SDE) shall provide to the
the Department of Finance an
electronic file that includes
complete district- and county-
level state appropriations limit
information reported to the SDE.
The SDE shall make every effort to
ensure that all districts have
submitted the necessary
information requested on the
relevant reporting forms.
11. The State Department of Education
shall make information available
to the Department of Finance, the
Legislative Analyst's Office, and
the budget committees of each
house of the Legislature by
October 31, March 31, and May 31
of each year regarding the amount
of Proposition 98 savings
estimated to be available for
reversion by June 30 of that year.
12. Of the reimbursement funds
appropriated in this item,
$2,000,000 shall be available to
the State Department of Education
for nutrition education and
physical activity promotion
pursuant to an interagency
agreement with the State
Department of Public Health.
13. The report required by Section
60800 of the Education Code for
the physical performance test is
not required to be printed and
mailed, but shall be compiled and
reported electronically.
14. Reimbursement expenditures
pursuant to this item resulting
from the imposition by the State
Department of Education (SDE)
of a commercial copyright fee may
not be expended sooner than 30
days after the SDE submits to the
Department of Finance a legal
opinion affirming the authority to
impose such fees and the arguments
supporting that position against
any objections or legal challenges
to the fee filed with the SDE. Any
funds received pursuant to
imposition of a commercial
copyright fee may only be expended
as necessary for outside counsel
contingent on a certification of
the Superintendent of Public
Instruction that sufficient
expertise is not available within
departmental legal staff. The SDE
shall not expend greater than
$300,000 for such purposes without
first notifying the Department of
Finance of the necessity there o f
or ,
and upon receiving approval in
writing.
15. Of the funds appropriated in this
item, $300,000 is provided on a
one-time basis for legal
representation from the office of
the Attorney General in litigation
related to the California High
School Exit Examination. The State
Department of Education (SDE)
shall provide a report to the
Department of Finance and the
Legislature detailing the
expenditures of these funds and
providing an update on any such
litigation on November 1, 2009,
and every four months thereafter,
with the final report due on June
30, 2010. The office of the
Attorney General shall provide the
SDE any information, including
budget and expenditure data,
necessary for the SDE to complete
its reports to the Department of
Finance and the Legislature.
16. Of the funds appropriated in this
item, $181,000 shall only be
available to support a $181,000
interagency agreement with the
California Career Resource Network
to provide continuing support for
the operations of that
organization.
17. Of the amount appropriated in this
item, $139,000 from reimbursement
funds may be expended for
administering the Education
Technology K-12 Voucher Program
pursuant to the Microsoft
settlement.
18. Of the funds appropriated in this
item, up to $1,011,000 is for
dispute resolution services,
including mediation and fair
hearing services, provided through
contract for special education
programs.
19. Of the reimbursement funds
appropriated in this item,
$422,000 shall be available to the
State Department of Education to
(SDE) to contract for assistance in
in developing an approved listing of
of food and beverage items that
comply with the nutrition
standards of Chapters 235 and 237
of the Statutes of 2005. In order
to fund the development and
maintenance of the approved
product listing, the S tate DE
shall
Department of Education shall
collect a fee, as it deems
appropriate, from vendors seeking
to have their product s reviewed for
for potential placement on the
approved product listing.
Reimbursements collected in the
2009-10 fiscal year may be used to
offset costs incurred in the 2007-
08 and 2008-09 fiscal years.
20. Of the funds appropriated in
Schedule (2), up to $540,000 is
for transfer by the Controller to
the State Instructional Materials
Fund for allocation during the
200 8 9 - 1 0
9 fiscal year pursuant to
Article 3 (commencing with Section
60240) of Chapter 2 of Part 33 of
Division 4 of Title 2 of the
Education Code.
These funds shall be transferred
in amounts claimed by the State
Department of Education (SDE), for
direct disbursement by the SDE
from the Instructional Materials
Fund.
21. Of the reimbursement funds
appropriated in Schedule (8),
$500,000 is for the support of
""Green'' California Partnership
Academies pursuant to legislation
enacted in the 2007-08 Regular
Session. These funds shall be
available for expenditure until
June 30, 2011.
22. Of the reimbursement funds
appropriated in Schedule (8),
$138,000 is for purposes of
overseeing State Board of
Education-approved charter schools.
23. Of the funds appropriated in this
item, $2,191,000 is available on a
one-time basis for the State
Department of Education (SDE) to
fund 3.0 limited-term positions
through June 30, 2010, and
contract costs associated with the
development of the California
Longitudinal Teacher Integrated
Data Education System (CALTIDES).
By September 30, 2010, the SDE
shall submit a detailed report of
the expenditures authorized under
this provision to the appropriate
budget and policy committees of
the Legislature, the Legislative
Analyst's Office, and the
Department of Finance.
24. Of the reimbursement funds
appropriated in this item,
$474,000 is provided to the State
Department of Education for the
oversight of State Board of
Education-authorized charter
schools. The Department of Finance
may administratively establish up
to 5.0 positions for this purpose
as workload materializes.
25. Of the reimbursements appropriated
in Schedule (8) of this item,
$439,000 and 2.0 limited-term
positions until July 1, 2011,
inclusive, pursuant to an
agreement with the California
Children and Families Commission,
shall be available to the State
Department of Education to support
the activities of the Early
Learning Quality Improvement
System Advisory Committee
established by Chapter 307 of the
Statutes of 2008.
SEC. 387. Item 6110-001-0231 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-001-0231--For support of Department
of Education, Program 20.10.045-
Instructional Support, Curriculum
Services-Health and Physical Education-
Drug Free Schools, payable from the
Health Education Account, Cigarette and
Tobacco Products Surtax Fund, pursuant to
Article 1 (commencing with Section
104420) of Chapter 1 of Part 3 of the
Health and Safety Code.................... 927,000
864,000
SEC. 388. Item 6110-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-001-0890--For support of Department of
Education, for payment to Item 6110-001-
0001, payable from the Federal Trust Fund... 145,715,000
153,945,000
Provisions:
1. The funds appropriated in this
item include federal Carl D.
Perkins Vocational and Technical
Education Act of 2006 funds for
the 2007-08 fiscal year to be
transferred to community
colleges by means of interagency
agreements. These funds shall be
used by community colleges for
the administration of career
technical education programs.
2. Of the funds appropriated in
this item, $96,000 is available
to the Advisory Commission on
Special Education for the in-
state travel expenses of the
commissioners and the
secretary to the commission.
3. Of the funds appropriated in
this item, $426,000 is available
for programs for homeless youth
and adults pursuant to the
federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec.
11431 et seq.). The State
Department of Education shall
consult with the Department of
Community Services and
Development, the State
Department of Mental Health, the
Department of Housing and
Community Development, and the
Commission for Economic
Development in operating this
program.
4. Of the funds appropriated in
this item, up to $364,000 shall
be used to provide in-service
training for special and regular
educators and related persons,
including, but not limited to,
parents, administrators, and
organizations serving severely
disabled children. These funds
are also to provide up to 4.0
positions for this purpose.
5. Of the funds appropriated in
this item, $318,000 shall be
used to provide training in
culturally nonbiased assessment
and specialized language skills
to special education teachers.
6. (a) Of the funds appropriated
in this item, $1 1 2
, 76 01
5,000
is from the Child
Care and Development
Block Grant Fund and is
available for support of
child care services. Of
this amount, $250,000
shall be available to
support a contract for
consulting services to
conduct a study of the
characteristics of
families and costs of
care pursuant to
Provision 13 of Item 6110-
196-0001. Of the federal
funds in this item,
this amount, $1,533,000 is
for 13.0
is for 13.0 positions to
address
address compliance
monitoring
and
monitoring and
overpayments, which may
contribute to early
detection of fraud. All
federally subsidized
child care agencies shall
be audited pursuant to
federal regulations per
Part 98 of Title 45 of
the Code of Federal
Regulations. The State
Department of Education
(SDE) shall provide
information to the
Legislature and
Department of Finance
each year that quantifies
by program provider-by-
provider level data,
including instances and
amounts of overpayments
and fraud, as
documented by the SDE's
compliance monitoring
efforts for the prior
fiscal year.
Additionally, the SDE
shall provide a copy of
any federal reports
submitted regarding
improper payments and
fraud to the Legislature
and the Department of
Finance.
(b) As a condition of
receiving the resources
specified in subdivision
(a), every alternative
payment agency and
subsidized general child
care agency will be
audited each year using
sufficient sampling of
provider records of the
following: (1) family fee
determinations, (2)
income eligibility, (3)
rate limits, and (4)
basis for hours of care,
to determine compliance
rates, any instances of
misallocation of
resources, and the amount
of funds expected to be
recovered from instances
of both potential fraud
and overpayment when no
intent to defraud is
suspected. This
information will be
contained in a separate
report for each provider,
with a single statewide
summary report annually
submitted to the Governor
and the Legislature no
later than April 15.
(c) The SDE shall develop a
plan by October 1, 2009,
for reducing overpayments
and recovering payments
from child care and
development programs that
the SDE has determined to
have been made in error
related either to
potential fraud or
overpayments. The plan
shall be submitted to the
Department of Finance by
October 1, 2009, for
consideration and
potential inclusion in
the January Governor's
Budget. The plan shall
provide options and
recommendations for
payment recovery that
seek to maximize
California's receipt and
use of federal funds and
for implementing
aggressive corrective
measures to minimize
payment errors. Those
corrective measures may
include rebidding
contracts for contractors
with high error rates and
modifying the contract
funding terms and
conditions to require
reductions to
administrative allowances
for contractors that
exceed specified maximum
error rates and prohibit
payment to providers that
continue to submit
erroneous reports for
reimbursement purposes.
Prior to submitting
recommendations, the SDE
shall review options with
the State Department of
Social Services and
representatives of
alternate payment
providers, counties that
directly administer Stage
1, and state-funded
centers and family day
care homes.
7. Of the funds appropriated in
this item, $1,066,000 shall be
used for administration of the
federal Enhancing Education
Through Technology Grant
Program. Of this amount:
(a) $150,000 is available
only for contracted
technical support and
evaluation services.
8. Of the funds appropriated in
this item, $9,206,000 is for
dispute resolution services,
including mediation and fair
hearing services, provided
through contract for the special
education programs. The State
Department of Education shall
ensure the quarterly reports
that the contractor submits on
the results of its dispute
resolution services include the
same information as required by
Provision 9 of Item 6110-001-
0890 of Chapters 47 and 48 of
the Statutes of 2006 and Section
56504.5 of the Education Code
and reflect year-to-date data
and final yearend data.
9. Of the amount provided in this
item, $881,000 is provided for
the purpose of monitoring local
educational agency compliance
with state and federal laws and
regulations governing special
education.
10. Of the funds appropriated in
this item, $125,000 shall be
allocated for increased travel
costs associated with program
reviews conducted by the Special
Education Division Focused
Monitoring and Technical
Assistance units. Expenditure of
these funds is subject to
Department of Finance
approval of an expenditure plan.
The expenditure plan shall
include the proposed travel
costs associated with focused
monitoring and technical
assistance provided by the State
Department of Education. It
shall also include the estimated
type and number of reviews to be
conducted and shall provide an
estimated average cost per type
of review. Annual renewal of
this funding is subject to
Department of Finance approval
of an annual focused monitoring
final expenditure report. The
report shall be submitted on or
before September 30, 2009. It
shall provide the total number
of reviews conducted each fiscal
year, the amount of staff and
personnel days and hours
associated with each category of
review, the travel costs
associated with the type and
number of reviews conducted, and
an average cost per type of
review.
11. Of the amount appropriated
in this item, $832,000 ($600,000
reimbursements and $232,000
federal special education funds)
shall be used to fund 6.0
positions and implement the
provisions of Chapter 914 of the
Statutes of 2004 for increased
monitoring of nonpublic,
nonsectarian schools.
12. Of the funds appropriated in
this item, $443,000 is for 3.0
positions within the State
Department of Education for
increased monitoring associated
with mental health services
required by an individualized
education plan pursuant to
Chapter 493 of the Statutes of
2004.
13. Of the funds appropriated in
this item, $1,726,000 is
available on a one-time basis to
implement the Child Nutrition
Information and Payment System.
14. Of the funds appropriated in
this item, $2,506,000 shall be
used for the administration of
the 21st Century Community
Learning Centers Program.
15. Of the funds appropriated in
this item, $180,000 in federal
Carl D. Perkins Vocational and
Technical Education Act of 2006
funding shall only be available
to support a $180,000
interagency agreement with the
California Career Resource
Network to provide continuing
support for the operations of
that organization.
16. Of the amount appropriated in
this item, $100,000 is available
for an interagency agreement
with the California Career
Resource Network to develop
career resource materials and
information pursuant to
Provision 1 of Item 6330-001-
0001.
17. Of the funds appropriated in
this item, $945,000 is available
on a one-time basis from federal
Title II funds for the State
Department of Education (SDE) to
contract services for the
development of the
California Longitudinal Teacher
Integrated Data Education System
(CALTIDES). By September 30,
2010, the SDE shall submit a
detailed report of the
expenditures authorized under
this provision to the
appropriate budget and policy
committees of the Legislature,
the Legislative Analyst's
Office, and the Department of
Finance.
18. The following funds appropriated
in this item are for the
development of a comprehensive
strategy to address data
reporting requirements and the
development of the California
Longitudinal Pupil Achievement
Data System (CALPADS) to meet
the requirements of the federal
No Child Left Behind Act of 2001
(P.L. 107-110) and Chapter 1002
of the Statutes of 2002:
(a) $730,000 and 5.0
positions to support
state operations for a
comprehensive strategy to
address data reporting
requirements.
(b) $2,588,000 and 1.0
position to support state
operations related to the
development of CALPADS.
Up to $1,158,000 may be
used to support the
involvement of California
School Information
Services staff in the
development of CALPADS.
(c) $115,000 and 1.0 position
to support workload
associated with
coordinating data
collection and sharing
for CALPADS and for the
federal Education Data
Exchange Network.
(d) $9,549,000 in one-time
federal Title VI funds is
available for additional
CALPADS implementation
activities, including but
not limited to, vendor
costs associated with
system integration,
project management and
oversight, Office of
Technology Services
costs, data system
validation and
verification, and costs
associated with the
administration and review
of data requests to
ensure compliance with
state and federal privacy
laws.
19. Of the funds appropriated in
this item, $378,000 and 4.0
positions are provided to
support workload for the federal
School Improvement Grant (SIG)
Program. Funds shall be
allocated pursuant to
legislation.
20. Of the funds appropriated in
this item, $736,000 is available
from the Child Care and
Development Block Grant Fund on
a one-time basis to purchase
hardware, software, and to
contract with a vendor to
customize a solution for
replacement of the Provider
Accounting and Reporting
Information System (PARI$). The
State Department of Education
(SDE) shall require the vendor
to propose a cost-effective
solution in which interim
functions that are duplicative
of the Financial Information
System for California (FI$Cal)
will be decommissioned when
FI$Cal is fully implemented. The
SDE shall also require the
vendor to address any
modifications to the child care
contracting process that may be
implemented through legislation
enacted during the current
legislative session or through
regulations deemed necessary to
more fully utilize available
appropriations in the solution
to rewrite PARI$.
21. Of the funds appropriated in
this item, $308,000 is available
from Title II funds for an
interagency agreement with the
Commission on Teacher
Credentialing to support teacher
misassignment monitoring
activities.
22. Of the funds appropriated in
this item, $109,000 is provided
in federal Title III funds to
make permanent 1.0 existing
limited-term position to support
the English language learner
component of the Mathematics and
Reading Professional Development
Program.
23. Of the funds appropriated in
this item, $334,000 is available
on a one-time basis to fund the
second year of a three-year,
independent evaluation as set
forth in legislation enacted in
the 2007-08 Regular Session
related to federal school
improvement.
24. Of the funds appropriated in
this item, $ 11 43 2,000 is
available
on a one-time basis to improve
and expand the direct
certification and verification
processes of students in child
nutrition programs.
25. Of the funds appropriated in
this item, $1,050,000 is
provided from one-time funds for
activities described in Chapter
666 of the Statutes of 2008.
26. Of the funds appropriated in
this item, $125,000 is available
on an ongoing basis to support
updates, as necessary, for
existing parental notification
and information templates and
$260,000 is available on a one-
time basis to support the
development of additional
translations of parental
notification and information
templates. The State Department
of Education shall submit, on or
before September 1, 2010, a
detailed report of expenditures
of funds provided pursuant to
this provision to the Department
of Finance, the Legislative
Analyst's Office, and the
appropriate budget subcommittees
of the Legislature. It is the
intent of the Legislature that
$125,000 in ongoing funds be
provided for the 2009-10, 2010-
11, and 2011-12 fiscal years.
27. Of the funds appropriated in
this item, $1,500,000 is
available on a one-time basis
from federal Statewide
Longitudinal Data Systems funds
for the State Department of
Education for systems
integration of the California
Longitudinal Teacher Integrated
Data Education System.
28. Of the funds appropriated in
this item, $1,636,000 is
available from federal Title II
funds on a one-time basis for
the State Department of
Education to fund 3.0 limited-
term positions through June 30,
2010, and pay costs associated
with the development of the
California Longitudinal Teacher
Integrated Data Education System.
29. Of the funds appropriated in
this item, $1,100,000 is
provided on a one-time basis,
contingent on the receipt of
Direct Certification, Team
Nutrition, and Administrative
Review and Training grants from
the United States Department of
Agriculture, to develop and
implement school district
training needed to implement
federal requirements associated
with the Child Nutrition program.
30. Of the funds appropriated in
this item, $189,000 is provided
from one-time carryover funds
for the Coordinated Health/HIV
Education Prevention Program.
31. Of the funds appropriated in
this item, $945,000 is available
from federal Title II funds for
the Compliance, Monitoring,
Interventions, and Sanctions
(CMIS) Program. This program is
designed to help school
districts meet the highly
qualified teacher requirements
specified in the federal No
Child Left Behind Act of 2001
(P.L. 107-110). By April 1,
2010, the State Department of
Education shall submit a report
on the CMIS Program to the
appropriate budget and policy
committees of the Legislature,
the Legislative Analyst's
Office, and the Department of
Finance. The report shall
identify (a) the number of
school districts that received
CMIS support in the 2009-10
fiscal year and (b) the major
components of the plans that
those districts developed to
respond to the federal highly
qualified teacher requirements.
For each participating district,
the report shall provide
longitudinal data on the number
and percent of teachers who are
and are not highly qualified. At
a minimum, the 2009-10 report
shall include finalized data for
the 2008-09 fiscal year and
initial data for the 2009-10
fiscal year. The report shall
provide data separately for high-
and low-poverty schools. For
comparison, the report shall
provide the same longitudinal
data for the statewide average
of all school districts as well
as the average for school
districts not receiving CMIS
support.
SEC. 389. Item 6110-008-0001 is added to Section
2.00 of the Budget Act of 2009, to read:
6110-008-0001--For support of the Department
of Education, as allocated by the Department
of Education to the State Special Schools for
student transportation allowances, Program
10.60.40....................................... 3,894,000
Provisions:
1. Funds appropriated in this item are in
lieu of funds that otherwise would be
transferred from the General Fund to
Section A of the State School Fund in
accordance with Sections 14007 and
41301.5 of the Education Code.
2. The State Department of Education
(SDE) shall obtain from the Department
of Finance written approval prior to
spending $924,000 in this item
budgeted to address anticipated
transportation contract increases in
the 2009-10 fiscal year resulting from
fuel and insurance costs. The
Department of Finance shall act within
30 days of receiving justification
from the SDE for the increased costs.
SEC. 390. Item 6110-008-0046 of Section 2.00 of the
Budget Act of 2009 is repealed.
6110-008-0046--For support of Department of
Education, as allocated by the Department
of Education to the State Special Schools
for student transportation allowances,
payable from the Public Transportation
Account, State Transportation Fund.......... 3,894,000
Provisions:
1. Funds appropriated in this item are
in lieu of funds that otherwise
would be transferred from the
General Fund to Section A of the
State School Fund in accordance
with Sections 14007 and 41301.5 of
the Education Code.
2. The State Department of Education
shall obtain from the Department of
Finance written approval prior to
spending $924,000 in this item
budgeted to address anticipated
transportation contract increases
in the 2009-10 fiscal year
resulting from fuel and insurance
costs. The Department of Finance
shall act within 30 days of
receiving justification from the
State Department of Education for
the increased costs.
SEC. 391. Item 6110-102-0231 of Section 2.00 of the
Budget Act of 2009 is amended to read:
6110-102-0231--For local assistance,
Department of Education, Program
20.10.045-Instructional Support,
Curriculum Services Health and Physical
Education, Drug Free Schools, for loc pay
a b l e
assistance, payable from the Health
Education Account,
Education Account, Cigarette and Tobacco
Products Surtax
Products Surtax Fund, pursuant to Article
1 (commencing
1 (commencing with Section 104350) of
with Section 104350) of Chapter 1 of Part 3 of
Division 103 of
3 of Division 103 of the Health and
the Health and Safety Code................
...............
18,998,000
17,868,000
SEC. 392. Item 6110-102-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-102-0890--For local assistance,
Department of Education, Program 20.60.038-
Instructional Support, Learn and Serve America
Program, payable from the Federal Trust Fund... 1,813,000
2,113,000
1. Of the funds appropriated in this
item, $300,000 reflects one-time
carryover funds.
SEC. 393. Item 6110-104-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-104-0001--For local assistance,
Department of Education (Proposition 98),
Program 10.10.011-School Apportionments--
Remedial Supplemental Instruction
Programs, for transfer to Section A of
the State School Fund, for supplemental
instruction and remedial programs......... 329,409,000
329,326,000
Schedule:
(1) 10.10.011.008-
School
Apportionments, for
Supplemental
Instruction,
Remedial, Grades 7-
12 for the purposes
of Section 37252 of
the Education Code.. 199,480,000
199,430,000
(2) 10.10.011.009-
School
Apportionments, for
Supplemental
Instruction,
Retained, or
Recommended for
Retention, Grades 2-
9 for the purposes
of Section 37252.2
of the Education
Code, as applicable. 48,183,000
48,171,000
(3) 10.10.011.010-
School
Apportionments, for
Supplemental
Instruction, Low
STAR-Grades 2-6 for
the purposes of
Section 37252.8 of
the Education Code.. 16,427,000
16,423,000
(4) 10.10.011.011-
School
Apportionments, for
Supplemental
Instruction, Core
Academic K-12 for
the purposes of
Section 37253 of
the Education Code.. 65,319,000
65,302,000
Provisions:
1. Notwithstanding any other
provision of law, for the fiscal
year, the Superintendent of
Public Instruction shall
allocate a minimum of $8,715 for
supplemental summer school
programs in each school district
for which the prior fiscal year
enrollment was less than 500 and
that, in the fiscal year, offers
at least 1,500 hours of
supplemental summer school
instruction. A small school
district, as described above,
that offers less than 1,500
hours of supplemental summer
school offerings shall receive a
proportionate reduction in its
allocation. For the purpose of
this provision, supplemental
summer school programs shall be
defined as programs authorized
under paragraph (2) of
subdivision (f) of Section 42239
of the Education Code as it read
on July 1, 1999.
2. Notwithstanding any other
provision of law, for the fiscal
year, the maximum reimbursement
to a school district or charter
school for the program listed in
Schedule (4) shall not exceed 5
percent of the district's or
charter school's enrollment
multiplied by 120 hours,
multiplied by the hourly rate
for the fiscal year.
3. Notwithstanding any other
provision of law, the rate of
reimbursement shall be $4.08 per
hour of supplemental instruction.
4. Notwithstanding any other
provision of law, if the funds
in this item are insufficient to
fund otherwise valid claims, the
Superintendent of Public
Instruction shall adjust the
rates to conform to available
funds.
5. Of the funds appropriated in
this item, $0 is provided for
the purpose of a cost-of-living
adjustment.
6. The funding appropriated in this
item shall be considered
offsetting revenues within the
meaning of subdivision (e) of
Section 17556 of the Government
Code for any reimbursable
mandated cost claim for
implementing Section 37252.2 of
the Education Code. Local
educational agencies accepting
funding from this item shall
reduce their estimated and
actual mandate reimbursement
claims by the amount of funding
provided to them from this item.
7. Notwithstanding any other
provision of law, an additional
$90,117,000 in expenditures for
this item has been deferred
until the following fiscal year.
8. Rates or hours shall be adjusted
in voluntary programs as
necessary to fully meet demand
in mandatory programs and remain
within the amount provided for
this purpose in the annual
Budget Act.
9. The funds appropriated in this
item reflect a reduction to the
base funding of 0.3 2 percent for
a statewide decline in average
daily attendance.
SEC. 394. Item 6110-108-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-108-0001--For local assistance,
Department of Education (Proposition 98),
Program 20-Instructional Support, the
Supplemental School Counseling Program,
established pursuant to Article 4.5
(commencing with Section 52378) of Chapter
9 of Part 28 of Division 4 of Title 2 of
the Education Code......................... 208,433,000
208,391,000
Provisions:
1. Of the funds appropriated in
this item, $0 is provided for
the purpose of a cost-of-
living adjustment.
2. The funds appropriated in this
item reflect a reduction to
the base funding of 0.3 2
percent for a statewide
decline in average daily
attendance.
SEC. 395. Item 6110-109-0001 is added to Section
2.00 of the Budget Act of 2009, to read:
6110-109-0001--For local assistance, Department of
Education, Program 10-Instruction, Title XIV of the
American Recovery and Reinvestment Act of 2009....... 0
Schedule:
(1) 10-Instruction.......... 503,000,000
(2) Reimbursements.......... -503,000,000
Provisions:
1. The funds appropriated in this item are
for restoring levels of state support
for elementary and secondary education
pursuant to Title XIV of the American
Recovery and Reinvestment Act of 2009
(P.L. 111-5).
2. The funds appropriated in this item are
for mitigating K-12 revenue limit cuts.
Of the total funds appropriated in this
item, 94.92 percent shall be distributed
to nonbasic aid districts and charter
schools, 3.20 percent shall be
distributed to basic aid districts, and
1.88 percent shall be distributed to
county offices of education. Allocations
shall be based on average daily
attendance.
SEC. 396. Item 6110-111-0046 of Section 2.00 of the
Budget Act of 2009 is repealed.
6110-111-0046--For local assistance,
Department of Education (from the Public
Transportation Account, State
Transportation Fund), Program 10.10.006-
Instruction, for transfer to Section A of
the State School Fund, Home to School
Transportation, pursuant to Article 10
(commencing with Section 41850) of
Chapter 5 of Part 24 of Division 3 of
Title 2 of the Education Code, and Small
School District Transportation, pursuant
to Article 4.5 (commencing with Section
42290) of Chapter 7 of Part 24 of
Division 3 of Title 2 of the Education
Code...................................... 313,886,000
SEC. 397. Item 6110-111-3116 of Section 2.00 of
the Budget Act of 2009 is repealed.
6110-111-3116--For local assistance,
Department of Education (from the Mass
Transportation Fund, State Transportation
Fund), Program 10.10.006-Instruction, for
transfer to Section A of the State School
Fund, Home to School Transportation,
pursuant to Article 10 (commencing with
Section 41850) of Chapter 5 of Part 24 of
Division 3 of Title 2 of the Education
Code, and Small School District
Transportation, pursuant to Article 4.5
(commencing with Section 42290) of
Chapter 7 of Part 24 of Division 3 of
Title 2 of the Education Code............. 90,447,000
SEC. 398. Item 6110-113-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-113-0001--For local assistance,
Department of Education (Proposition 98), for
purposes of California's pupil testing
program....................................... 86,215,000
Schedule:
(1) 20.70.030.005-
Assessment Review and
Reporting.............. 2,192,000
(2) 20.70.030.006-STAR
Program................ 50,059,000
(3) 20.70.030.007-English
Language Development
Assessment............. 1,630,000
(4) 20.70.030.008-High
School Exit
Examination............ 7,200,000
(5) 20.70.030.209-
Assessment
Apportionments......... 25,134,000
(6) 20.70.030.015-
California High School
Proficiency
Examination............ 1,244,000
(7) Reimbursements......... -1,244,000
Provisions:
1. The funds appropriated in this item
shall be for the pupil testing
programs authorized by Chapter 3
(commencing with Section 48412) of
Part 27 of Division 4 of Title 2 of
the Education Code and 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 Division 4 of Title 2 of
the Education Code.
2. The funds appropriated in Schedule
(2) are provided for approved
contract costs for the development
and administration of the
California Standards Tests, the
Standards-Based Tests in Spanish,
the California Alternate
Performance Assessment (CAPA), the
Designated Primary Language Test,
and the California Modified
Assessment, as part of the STAR
Program. District apportionments
provided in Schedule (5) shall be
$5 per pupil for the CAPA.
3. The funds appropriated in Schedule
(3) shall be available for approved
contract 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 Division 4 of Title 2 of
the Education Code. Incentive
funding of $5 per pupil is provided
in Schedule (5) 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.
4. The funds appropriated in
Schedule (4) include funds for
approved contract costs for the
administration of the California
High School Exit Examination
(CAHSEE) pursuant to Chapter 9
(commencing with Section 60850) of
Part 33 of Division 4 of Title 2 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 Examination. Grade
12 pupils may take up to five
administrations of the examination,
grade 11 pupils may take up to two,
and grade 10 pupils are required to
take one.
6. It is the intent of the Legislature
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),
(4), and (5) 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 California
English Language Development Test,
and the California High School
Exit Examination. Local educational
agencies receiving funding from
these schedules shall reduce their
estimated and actual mandate
reimbursement claims by the amount
of funding provided to them from
these schedules.
8. Notwithstanding Section 28.50, the
Department of Finance may adjust
Schedules (6) and (7) to reflect
changes in actual reimbursements
from the contractor for the
California High School Proficiency
Examination.
9. Federal funds provided in Item 6110-
113-0890 for statewide testing
purposes shall be fully expended
before General Fund resources
provided in this item are expended
for the same purposes.
10. The funds appropriated in Schedule
(5) may be used to pay approved
apportionment costs from the 2008-
09 and the 2009-10 fiscal years for
the STAR Program, the California
English Language Development Test,
and the California High School Exit
Examination.
11. The State Department of Education
(SDE) shall not expend funds from
this item until the Department of
Finance approves an SDE expenditure
plan to ensure that the SDE
maximizes contract savings and
minimizes apportionment payment
deferrals for the 2008-09 and 2009-
10 fiscal years. After an
expenditure plan is approved by the
Department of Finance, the SDE
shall provide a copy of the
approved plan to the Legislative
Analyst's Office and the
appropriate fiscal and policy
committees of the Legislature.
12. In implementing the reductions for
the 2008-09 and 2009-10 fiscal
years, the State Department of
Education shall not eliminate any
state assessments funded by this
item.
SEC. 399. Item 6110-119-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-119-0001--For local assistance,
Department of Education (Proposition 98),
for transfer to Section A of the State
School Fund, Program 20.40.060-Educational
Services for Foster Youth pursuant to
Chapter 11.3 (commencing with Section
42920) of Part 24 of Division 3 of Title 2
of the Education Code...................... 18,834,000
18,831,000
Provisions:
1. Of the funds appropriated in
this item, $0 is provided for
the purpose of a cost-of-
living adjustment.
2. The funds appropriated in this
item reflect a reduction to
the base funding of 0.3
2
percent for a statewide
decline in average daily
attendance.
SEC. 400. Item 6110-119-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-119-0890--For local assistance,
Department of Education, Program 10.30.060.002-
Title I Program for Neglected and Delinquent
Children, payable from the Federal Trust Fund.. 2,461,000
2,504,000
Provisions:
1. Of the funds appropriated in this
item, $43,000 is provided in one-time
carryover funds to support the
existing program.
SEC. 401. Item 6110-122-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-122-0001--For local assistance,
Department of Education (Proposition 98),
for transfer to Section A of the State
School Fund, Program 20.40.090-Specialized
Secondary Programs, pursuant to Chapter 6
(commencing with Section 58800) of Part 31
of Division 4 of Title 2 of the Education
Code........................................ 6,104,000
6,102,000
Provisions:
1. Of the funds appropriated in this
item, $1,500,000 shall be allocated
to Specialized Secondary Programs
established prior to the 1991-92
fiscal year that operate in
conjunction with the California
State University.
2. The funds appropriated in this item
reflect a reduction to the base
funding of 0.3 2 percent for a
statewide decline in average daily
attendance.
3. Of the amount appropriated in this
item, $0 is provided for a cost-of-
living adjustment.
SEC. 402. Item 6110-124-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-124-0001--For local assistance,
Department of Education (Proposition 98),
for transfer to Section A of the State
School Fund, Program 10.80.010-Gifted and
Talented Pupil Program established
pursuant to Chapter 8 (commencing with
Section 52200) of Part 28 of Division 4 of
Title 2 of the Education Code.............. 50,885,000
50,874,000
Provisions:
1. An additional $4,294,000 in
expenditures for this purpose
has been deferred to the 2010-
11 fiscal year.
2. Of the funds appropriated in
this item, $0 is for the
purpose of providing a cost-of-
living adjustment.
3. The funds appropriated in this
item reflect a reduction to
the base funding of 0.3
0.32 percent for a statewide
decline in average daily
attendance.
SEC. 403. Item 6110-125-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-125-0001--For local assistance,
Department of Education (Proposition 98)...... 63,073,000
63,061,000
Schedule:
(1) 10.40.030.004-Refugee
Children School Grant
Program................ 1,649,000
(2) 20.10.006-English
Language Acquisition
Program, pursuant to
Chapter 4 (commencing
with Section 400) of
Part 1 of Division 1
of Title 1 of the
Education Code......... 63,073,000
63,061,000
(3) Reimbursements......... -1,649,000
Provisions:
1. Of the funds appropriated in this
item, $0 is provided for the
purpose of a cost-of-living
adjustment.
2. The funds appropriated in this item
reflect a reduction to the base
funding of 0.3 2 percent for a
statewide decline in average daily
attendance.
SEC. 404. Item 6110-125-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-125-0890--For local assistance,
Department of Education, payable from the
Federal Trust Fund........................ 297,826,000
309,933,000
Schedule:
(1) 10.30.010-Title I,
Migrant Education... 127,719,000
138,143,000
(2) 20.10.004-Title
III, Language
Acquisition......... 170,107,000
171,790,000
Provisions:
1. Of the funds appropriated in
Schedule (1), the State
Schedule (1), the Department of
Education shall
Education shall use no less than
$6,500,000 and
$6,500,000 and up to $7,100,000 for
the
for the California Mini-Corps
Program.
Program.
2. Of the funds appropriated in
Schedule (1), $3,500,000 is
provided in one-time carryover
funds to support the following
existing program activities: (a)
extended day/week and
summer/intersession programs to
help prepare middle and
secondary students for the high
school exit exam, (b)
investments aimed at upgrading
curricula, instructional
materials, educational software,
and assessment procedures, (c)
tutorials and intensified
instruction, and (d) investments
in technology used to improve
the proficiency of limited-
English-proficient pupils.
3. Of the funds appropriated in
Schedule (2), $1,683,000 is
provided in one-time carryover
funds to support the existing
program.
SEC. 405. Item 6110-126-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-126-0890--For local assistance,
Department of Education, Program 20.60.290-
Instructional Support, Title I, Part B of
the federal Elementary and Secondary
Education Act (Reading First program)
payable from the Federal Trust Fund........ 47,974,000
26,512,000
Provisions:
1. The funds appropriated in this
item are for Reading First
programs pursuant to Article 1
(commencing with Section
51700) of Chapter 5 of Part 28
of Division 4 of Title 2 of
the Education Code. It is
the
intent of the Legislature that
all participating school
districts receive funding at
the rates established in
paragraph (3) of subdivision
(c) of Section 51700 for six
years. A participating school
district shall not receive
funding from this item for
more than six years.
2. Of the funds appropriated in
this item, $3,658,000 shall be
available for Reading First's
statewide and regional
infrastructure, including its
six regional technical
assistance centers.
3. By May 1, 2010, the State
Department of Education shall
provide the Legislature with
all of the following: (a) the
number of school districts
receiving grants, (b) the
number of K-3 teachers funded,
(c) the number of K-12 special
education teachers served, and
(d) the average per-teacher
grant amount.
4. By May 1, 2010, the State
Department of Education shall
provide the Legislature with
the following: (a) the number
and percentage of all K-12
special education teachers in
Reading First schools
receiving Reading First
professional development for
each year, 2001-02 to 2008-09,
inclusive, and (b) the number
and percentage of all K-12
special education classes in
Reading First schools that
have appropriate reading
materials purchased using the
state's instructional
materials program as set forth
in Article 3 (commencing
with Section 60240) of Chapter
2 of Part 33 of Division 4 of
Title 2 of the Education Code.
2. Of the funds appropriated in
this item, $2,800,000 shall be
available for Reading First's
statewide and regional
infrastructure, including its
eight regional technical
assistance centers. The State
Department of Education, in
consultation with the
technical assistance centers,
shall submit an expenditure
report by November 30, 2010,
to the Department of Finance
and the Legislative Analyst's
Office. This report shall
include, at a minimum, the sum
and distribution of
participating schools and
teachers and expenditure
information for each technical
assistance center by category
of personnel, training,
training materials, travel,
general expense, and indirect
costs.
3. Of the funds appropriated in
this item, $23,712,000 is
provided in one-time carryover
funds. These funds shall be
available to support Reading
First-appropriate activities
including, but not limited to,
teacher training, teacher
assessments, student
assessments, remedial
programs, classroom materials,
reading coaches, external
resource specialists, and the
implementation of research-
based instructional
strategies, such as response
to instruction and
intervention. First priority
for funding shall be given to
support Reading First Special
Education Teacher Professional
Development (SETPD) Pilot
Program applicants. Second
priority shall be given to
other currently participating
local educational agencies to
provide an amount equivalent
to no more than six years of
funding. All participants in
Priority 1 and 2, as specified
in this provision, shall
receive a maximum of $8,000
per teacher for each
equivalent year of funding.
4. Funds that are not needed for
the purposes specified in
Provisions 2 and 3 shall be
available to support Reading
First-appropriate activities,
including, but not limited to,
the activities specified in
Provision 3, and shall be
distributed to former and
current Reading First and
Priority 1 Special Education
Teacher Professional
Development Pilot Program
local educational agencies,
prorated across all
participating teachers.
SEC. 406. Item 6110-134-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-134-0890--For local assistance,
Department of Education, payable from
the Federal Trust Fund................... 1,737,878,000
2,751,266,000
Schedule:
(1) 10.30.006-Statewide
System of School
Support............. 10,000,000
(2) 10.30.014-Title I,
Corrective Action--
Local Educational
Agencies............ 54,872,000
119,744,000
(2.5) 10.30.015-Title I,
Corrective Action-
-Local Educational
Agencies, American
Recovery and
Reinvestment Act.... 44,996,000
(3) 10.30.004-School
Improvement Grants,
Corrective Action... 61,462,000
74,672,000
(4) 10.30.060-Title I- 1,611,544,0
ESEA................ 00
(3.5) 10.30.016--School
Improvement Grant,
Corrective Action,
American Recovery
and Reinvestment
Act................. 346,348,000
(4) 10.30.060-Title I-
ESEA................ 1,615,544,0
00
(5) 10.30.061-Title I-
-ESEA, American
Recovery and
Reinvestment Act.... 539,962,000
Provisions:
1. In administering the
accountability system required
by this item, the State
Department of Education shall
align the forms, processes, and
procedures required of local
educational agencies in a
manner that they may be
utilized for the purposes of
implementing the Public Schools
Accountability Act of 1999, as
established by Chapter 6.1
(commencing with Section 52050)
of Part 28 of Division 4 of
Title 2 of the Education
Code, so that duplication of
effort is minimized at the
local level.
2. The funds appropriated in
Schedule (1) shall be available
for the purposes established by
Article 4.2 (commencing with
Section 52059) of Chapter 6.1
of Part 28 of Division 4 of
Title 2 of the Education Code.
4. The State Department of
Education shall provide to the
Legislature, the Legislative
Analyst's Office, and the
Department of Finance , a letter
by April 15, 2010, reporting
expenditures and anticipated
savings for each schedule,
based on available information.
5. The funds appropriated
in
Schedules (2) and (3) shall be
available for purposes
established by Article 3.1
(commencing with Section
52055.57(c)) of Chapter 6.1 of
Part 28 of Division 4 of Title
2 of the Education Code.
6. The funds appropriated in this
item shall be considered
offsetting revenues within the
meaning of subdivision (e) of
Section 17556 of the Government
Code for any reimbursable
mandated cost claims for
district assistance and
intervention teams and other
technical assistance providers.
Local educational agencies
accepting funding from this
item shall reduce their
estimated and actual mandate
reimbursement claims by the
amount of funding provided to
them from this item.
7. The funds appropriated in
Schedules (2) and (2.5) shall
be distributed according to the
Title I basic grant formula. Of
the funds appropriated in
Schedule (2), $64,872,000 are
one-time carryover funds.
8. The funds appropriated in
Schedules (3) and (3.5) are for
purposes of Title I, Part A,
Section 1116 and 1117 of the
federal No Child Left Behind
Act (P.L. 107-110) and shall
first be used to fund the LEA
Corrective Action program
established by Article 3.1
(commencing with Section
52055.57) of Chapter 6.1 of
Part 28 of Division 4 of Title
2 of the Education Code, with
the remainder to be apportioned
to programs pursuant to
legislation. Of the funds
appropriated in Schedule (3),
$13,210,000 are one-time
carryover funds.
9. Of the funds appropriated in
Schedule (4), $4,000,000 is
provided in one-time carryover
funds to support the existing
program.
SEC. 407. Item 6110-136-0890 of Section 2.00 of the
Budget Act of 2009 is amended to read:
6110-136-0890--For local assistance,
Department of Education, Program 10.30-
Instruction, payable from the Federal
Trust Fund................................. 14,190,000
20,499,000
Schedule:
(1) 10.30.065-McKinney-
Vento Homeless
Children Education... 7,193,000
12,712,000
(2) 10.30.030-Title I-
Even Start Program... 6,997,000
7,787,000
Provisions:
1. Of the funds appropriated in
Schedule (1), $400,000 is
provided in one-time carryover
funds to support the existing
program.
2. Of the funds appropriated in
Schedule (2), $790,000 is
provided in one-time carryover
funds to support the existing
program.
SEC. 408. Item 6110-140-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-140-0001--For local assistance, Department of
Education (Proposition 98), Program 20-Instructional
Support.............................................. 0
Schedule:
(1) 20.80.001-Student Friendly
Services................... 500,000
(2) 20.90.001.020-California
School Information
Services Administration.... 4,444,000
3,899,000
(3) 20.90.001.030-California
School Information
Services Administration
Independent Project
Oversight.................. 150,000
(4) Amount payable from the
Educational
Telecommunication Fund
(Item 6110-140-0349)....... -5,094,000
-4,549,000
Provisions:
1. The Superintendent of Public Instruction
shall allocate the funds appropriated in
Schedule (1) for the Student Friendly
Services program.
2. The funds appropriated in Schedule (2)
shall be for allocation to the Fiscal
Crisis and Management Assistance Team for
costs associated with administration of
the California School Information
Services project.
3. The Superintendent of Public Instruction
shall allocate the funds appropriated in
Schedule (3) to the Sacramento County
Office of Education, which shall use the
funds to contract for independent project
oversight of the California School
Information Services (CSIS) program. The
independent project oversight shall
include the submission of quarterly
project reports on the progress of the
CSIS program to the Legislature, the
Department of Finance, the Superintendent
of Public Instruction, the State Board of
Education, the Governor, the Legislative
Analyst's Office, and the Fiscal Crisis
and Management Assistance Team for the
duration of the program implementation.
These reports shall include, but not be
limited to, information on: (a) CSIS
capacity for additional district cohorts,
(b) readiness of self-identified
districts for participation in new CSIS
cohorts, (c) CSIS operations budget, and
(d) CSIS readiness to implement
additional phases of state reporting
and records transfer.
4. Of the funds appropriated in
Schedule
(2), $545,000 is available on a three-
year limited-term basis to support
positions and administrative costs
associated with the implementation plan
developed pursuant to Provision 5 of Item
6110-101-0349 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
5. The State Department of Education and the
California School Information Services
5. The State Department of Education and
CSIS shall jointly report by October
1, 2009,
2009, to the Department of Finance,
the
Legislative Analyst's Office, and the
budget committees of the Legislature on
the workload activities performed by each
entity to prepare for the implementation
of CALPADS.
of the California Longitudinal Pupil
Achievement Data System (CALPADS).
SEC. 409. Item 6110-140-0349 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-140-0349--For local assistance,
Department of Education, for payment to
Item 6110-140-0001, payable from the
Educational Telecommunication Fund........ 5,094,000
4,549,000
SEC. 410. Item 6110-156-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-156-0890--For local assistance,
Department of Education, Program
10.50.010.001-Adult Education, payable from
the Federal Trust Fund........................ 75,126,000
79,082,000
Provisions:
1. Under any grant awarded by the
State Department of Education
under this item to a qualifying
community-based organization to
provide adult basic education in
English as a Second Language and
English as a Second Language-
Citizenship classes, the
department shall make an initial
payment to the organization of 25
percent of the amount of the
grant. In order to qualify for an
advance payment, a community-
based organization shall submit
an expenditure plan and shall
guarantee that appropriate
standards of educational quality
and fiscal accountability are
maintained. In addition,
reimbursement of claims shall be
distributed on a quarterly basis.
The department shall withhold 10
percent of the final payment
of a grant as described in this
provision until all claims for
that community-based organization
have been submitted for final
payment.
2. (a) Notwithstanding any other
provision of law, all
nonlocal educational
agencies (non-LEA)
receiving greater than
$500,000 pursuant to this
item shall submit an
annual organizational
audit, as specified, to
the State Department of
Education, Office of
External Audits.
All audits shall be
performed by one of the
following: (1) a
certified public
accountant possessing a
valid license to practice
within California, (2) a
member of the State
Department of Education's
department's staff of
staff of auditors, or (3)
in-house
in-house auditors, if the
entity
entity receiving funds
pursuant
pursuant to this item is
a public
a public a gency, and if
the public
the public agency has
internal
staff
internal staff that
that performs auditing
functions and meets the
tests of independence
found in Government
Auditing Standards issued
by the Comptroller
General of the United
States.
The audit shall be in
accordance with State
Department of Education
audit guidelines and
Office of Management and
Budget (OMB), Circular
No. A-133, Audits of
States, Local
Governments, and Non-
Profit Organizations.
Non-LEA entities
receiving funds pursuant
to this item shall submit
the annual audit no later
than six months from the
end of the agency fiscal
year. If, for any reason,
the contract is
terminated during the
contract period, the
audit shall cover the
period from the beginning
of the contract through
the date of termination.
Non-LEA entities
receiving funds pursuant
to this item shall be
held liable for all State
Department of Education
department costs incurred in
in obtaining an
obtaining an independent
audit if the
audit if the contractor
fails to
fails to produce or
submit an
submit an acceptable
audit.
audit.
(b) Notwithstanding any other
provision of law, the
State Department of
Education shall annually
submit to the Governor,
Joint Legislative Budget
Committee, and Joint
Legislative Audit
Committee limited-scope
audit reports of all
subrecipients it is
responsible for
monitoring that receive
between $25,000 and
$ 3 5 00,000 of
federal
awards, and that do not
have an organizationwide
audit performed. These
limited-scope audits
shall be conducted in
accordance with the State
Department of Education
audit guidelines and OMB,
Circular No. A-133. The
State Department of
Education may charge
department may charge
audit costs to applicable
federal awards, as
authorized by OMB,
Circular No. A-133
Section 230(b)(2).
The limited-scope audits
shall include agreed-upon
procedures engagements
conducted in accordance
with either American
Institute of Certified
Public Accountants
(AICPA) generally
accepted auditing
standards or attestation
standards, and address
one or more of the
following types of
compliance requirements:
allowed or unallowed
activities, allowable
costs and cost
principles, eligibility,
matching, level of
effort, earmarking, and
reporting.
The State D d
epartment of shall
Education shall
contract for the limited-
for the limited-scope
scope audits with a
audits with a certified
public
public accountant
possessing
a
possessing a valid
valid license to practice
within the state or with
an independent auditor.
3. On or before March 1 of each
year, the State Department of
Education shall report to the
appropriate subcommittees of the
Assembly Committee on Budget and
the Senate Committee on Budget
and Fiscal Review on the
following aspects of Title II of
the federal Workforce Investment
Act of 1998: (a) the makeup of
those adult education providers
that applied for competitive
grants under Title II and those
that obtained grants, by size,
geographic location, and type
(school districts, community
colleges, community-based
organizations, or other local
entities), (b) the extent to
which participating programs were
able to meet planned
performance targets, and (c) a
breakdown of the types of courses
(English as a Second Language
(ESL), ESL-Citizenship, adult
basic education, or adult
secondary education) included in
the performance targets of
participating agencies.
It is the intent of the
Legislature that the Legislature
and the department utilize the
information provided pursuant to
this provision to (a) evaluate
whether any changes need to be
made to improve the
implementation of the
accountability-based funding
system under Title II and (b)
evaluate the feasibility of any
future expansion of the
accountability-based funding
system using state funds.
4. The State Department of
Education shall continue to
ensure that outcome measures for
State Department of Mental Health
and State Department of
Developmental Services clients
are set at a level where these
clients will continue to be
eligible for adult education
services in the current fiscal
year and beyond to the full
extent authorized under federal
law. The State Department of
Education shall also consult with
the State Department of Mental
Health, State Department of
Developmental Services, and
Department of Finance for this
purpose.
5. Of the funds appropriated in this
item, $3,088,000 is provided in
one-time carryover funds.
SEC. 411. Item 6110-161-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-161-0001--For local assistance,
Department of Education (Proposition
98), Program 10.60-Special Education
Programs for Exceptional Children........ 3,121,060,000
3,149,874,000
Schedule:
(1) 10.60.050.003-
Special education 3,050,415,00
instruction.........
3,079,229,0 0
0
(2) 10.60.050.080-Early
Education Program
for Individuals
with Exceptional
Needs............... 85,040,000
(3) Reimbursements for
Early Education
Program, Part C..... -14,395,000
Provisions:
1. Funds appropriated by this item
are for transfer by the
Controller to Section A of the
State School Fund, in lieu of
the amount that otherwise would
be appropriated for transfer
from the General Fund in the
State Treasury to Section A of
the State School Fund for the
2009-10 fiscal year pursuant to
Sections 14002 and 41301 of the
Education Code, for
apportionment pursuant to Part
30 (commencing with Section
56000) of Division 4 of Title 2
of the Education Code,
superseding all prior law.
2. Of the funds appropriated in
Schedule (1), up to $13,15 4 1
,000,
plus any cost-of-living
adjustment, shall be available
for the purchase, repair, and
inventory maintenance of
specialized books, materials,
and equipment for pupils with
low-incidence disabilities, as
defined in Section 56026.5 of
the Education Code.
3. Of the funds appropriated in
Schedule (1), up to $10,04 9 7
,000,
plus any cost-of-living
adjustment, shall be available
for the purposes of vocational
training and job placement for
special education pupils through
Project Workability I pursuant
to Article 3 (commencing with
Section 56470) of Chapter 4.5 of
Part 30 of Division 4 of Title 2
of the Education Code. As a
condition of receiving these
funds, each local educational
agency shall certify that the
amount of nonfederal resources,
exclusive of funds received
pursuant to this provision,
devoted to the provision of
vocational education for special
education pupils shall be
maintained at or above the level
provided in the 1984-85 fiscal
year. The Superintendent of
Public Instruction may waive
this requirement for local
educational agencies that
demonstrate that the requirement
would impose a severe hardship.
4. Of the funds appropriated in
Schedule (1), up to $5,24 2 1
,000,
plus any cost-of-living
adjustment (COLA), shall be
available for regional
occupational centers and
programs that serve pupils
having disabilities; up to
$87,6 40 23 ,000, plus any
COLA,
shall be available for
regionalized program specialist
services; and up to $2,59 7 6
,000,
plus any COLA, shall be
available for small special
education local plan areas
(SELPAs) pursuant to Section
56836.24 of the Education Code.
5. Of the funds appropriated in
Schedule (1), up to $3,000,000
is provided for
extraordinary costs associated
with single placements in
nonpublic, nonsectarian schools,
pursuant to Section 56836.21 of
the Education Code. Pursuant to
legislation, these funds shall
also provide reimbursement for
costs associated with pupils
residing in licensed children's
institutes.
6. Of the funds appropriated in
Schedule (1), up to
$205,022,000, plus any cost-of-
living adjustment (COLA), is
available to fund the costs of
children placed in licensed
children's institutions who
attend nonpublic schools based
on the funding formula
authorized in Chapter 914 of the
Statutes of 2004.
7. Funds available for infant units
shall be allocated with the
following average number of
pupils per unit:
(a) For special classes and
centers-- 16.
(b) For resource specialist
programs-- 24.
(c) For designated
instructional services--
16.
8. Notwithstanding any other
provision of law, early
education programs for
infants and toddlers shall be
offered for 200 days. Funds
appropriated in Schedule (2)
shall be allocated by the State
Department of Education for the
2009-10 fiscal year to those
programs receiving allocations
for instructional units pursuant
to Section 56432 of the
Education Code for the Early
Education Program for
Individuals with Exceptional
Needs operated pursuant to
Chapter 4.4 (commencing with
Section 56425) of Part 30 of
Division 4 of Title 2 of the
Education Code, based on
computing 200-day entitlements.
Notwithstanding any other
provision of law, funds in
Schedule (2) shall be used only
for the purposes specified in
Provisions 10 and 11.
9. Notwithstanding any other
provision of law, state funds
appropriated in Schedule (2) in
excess of the amount necessary
to fund the deficited
entitlements pursuant to Section
56432 of the Education Code and
Provision 10 shall be available
for allocation by the State
Department of Education to local
educational agencies for the
operation of programs serving
solely low-incidence infants and
toddlers pursuant to Title 14
(commencing with Section 95000)
of the Government Code. These
funds shall be allocated to each
local educational agency for
each solely low-incidence child
through age two in excess of the
number of solely low-incidence
children through age two served
by the local educational agency
during the 1992-93 fiscal year
and reported on the April 1993
pupil count. These funds shall
only be allocated if the amount
of reimbursement received from
the State Department of
Developmental Services is
insufficient to fully fund the
costs of operating the Early
Intervention Program, as
authorized by Title 14
(commencing with Section 95000)
of the Government Code.
10. The State Department of
Education, through coordination
with the special education local
plan areas, shall ensure local
interagency coordination and
collaboration in the provision
of early intervention services,
including local training
activities, child-find
activities, public awareness,
and the family resource center
activities.
11. Funds appropriated in this item,
unless otherwise specified, are
available for the sole purpose
of funding 2009-10 special
education program costs and
shall not be used to fund any
prior year adjustments, claims,
or costs.
12. Of the amount provided in
Schedule (1), up to
$188,000, plus any cost-of-
living adjustment, shall be
available to fully fund the
declining enrollment of
necessary small special
education local plan areas
pursuant to Chapter 551 of the
Statutes of 2001.
13. Pursuant to Section 56427 of the
Education Code, of the funds
appropriated in Schedule (1), up
to $2,324,000 may be used to
provide funding for infant
programs, and may be used for
those programs that do not
qualify for funding pursuant to
Section 56432 of the Education
Code.
14. Of the funds appropriated in
Schedule (1), up to $29,478,000
shall be allocated to local
educational agencies for the
purposes of Project Workability
I.
15. Of the funds appropriated in
Schedule (1), up to $1,700,000
shall be used to provide
specialized services to pupils
with low-incidence disabilities,
as defined in Section 56026.5 of
the Education Code.
16. Of the funds appropriated in
Schedule (1), up to $1,117,000
shall be used for a personnel
development program. This
program shall include state-
sponsored staff development for
special education personnel to
have the necessary content
knowledge and skills to serve
children with disabilities. This
funding may include training and
services targeting special
education teachers and related
service personnel that teach
core academic or multiple
subjects to meet the
applicable special education
requirements of the Individuals
with Disabilities Education
Improvement Act of 2004 (20
U.S.C. Sec. 1400 et seq.).
17. Of the funds appropriated in
Schedule (1), up to $200,000
shall be used for research and
training in cross-cultural
assessments.
18. Of the amount specified in
Schedule (1), up to $31,000,000
shall be used to provide mental
health services required by an
individual education plan
pursuant to the federal
Individuals with Disabilities
Education Improvement Act of
2004 (20 U.S.C. Sec. 1400 et
seq.) and pursuant to Chapter
493 of the Statutes of 2004.
19. Of the amount provided in
Schedule (1), $0 is provided for
cost-of-living adjustments.
20. Of the amount provided in
Schedule (2), $0 is provided for
cost-of-living adjustments.
21. Of the amount appropriated in
this item, up to $1,480,000 is
available for the state's share
of costs in the settlement of
Emma C. v. Delaine Eastin, et
al. (N.D. Cal. No. C96-4179TEH).
The State Department of
Education shall report by
January 1, 2010, to the fiscal
committees of both houses of the
Legislature, the Department of
Finance, and the Legislative
Analyst's Office on the
planned use of the additional
special education funds provided
to the Ravenswood Elementary
School District pursuant to this
settlement. The report shall
also provide the State
Department of Education's best
estimate of when this
supplemental funding will no
longer be required by the court.
The State Department of
Education shall comply with the
requirements of Section 948 of
the Government Code in any
further request for funds to
satisfy this settlement.
22. Of the funds appropriated in
this item, up to $2,500,000
shall be allocated directly to
special education local plan
areas for a personnel
development program that meets
the highly qualified teacher
requirements and ensures that
all personnel necessary to carry
out this part are appropriately
and adequately prepared, subject
to the requirements of paragraph
(14) of subdivision (a) of
Section 612 of the federal
Individuals with Disabilities
Education Improvement Act of
2004 (20 U.S.C. Sec. 1400 et
seq.), and Section 2122 of the
federal Elementary and Secondary
Education Act of 1965 (20 U.S.C.
Sec. 6301 et seq.). The local in-
service programs shall include a
parent training component and
may include a staff training
component, and may include a
special education teacher
component for special education
service personnel and
paraprofessionals, consistent
with state certification and
licensing requirements. Use of
these funds shall be described
in the local plans. These funds
may be used to provide training
in alternative dispute
resolution and the local
mediation of disputes. All
programs are to include
evaluation components.
23. Notwithstanding any other
provision of law, state funds
appropriated in Schedule (1)
in excess of the amount
necessary to fund the defined
entitlement shall be to fulfill
other shortages in entitlements
budgeted in this schedule by the
State Department of Education,
upon Department of Finance
approval, to any program funded
under Schedule (1).
24. The funds appropriated in this
item reflect a reduction to the
base funding of 0.3 2 percent for
a statewide decline in average
daily attendance.
25. Of the funds appropriated in
Schedule (1), the amount
resulting from increases in
federal funds reflected in the
calculation performed in
paragraph (1) of subdivision (c)
of Section 56836.08 of the
Education Code shall be
allocated based on an equal
amount per average daily
attendance and added to each
special education local plan
area's base funding, consistent
with paragraphs (1) to (4),
inclusive, of subdivision (b) of
Section 56836.158 of the
Education Code. This amount may
be up to $ 5 3 2 ,
300 458 ,000 less
adjustments for state operations
and preschool. When the final
amount is determined, the State
Department of Education shall
provide this information to the
Department of Finance and the
budget committees of each house
of the Legislature.
SEC. 412. Item 6110-161-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-161-0890--For local assistance,
Department of Education, payable from
the Federal Trust Fund, Program 10.60-
Special Education Programs for
Exceptional Children..................... 1,205,067,000
1,860,208,000
Schedule:
(1) 10.60.050.012-Local
Agency
Entitlements, IDEA 1,026,258,00
Special Education...
1,047,413,0 0
0
(2) 10.60.050.013-State
Agency
Entitlements, IDEA
Special Education... 1,821,000
(3) 10.60.050.015-IDEA,
Local Entitlements,
Preschool Program... 63,437,000
(4) 10.60.050.021-IDEA,
State Level
Activities.......... 70,720,000
(5) 10.60.050.030-P.L.
99-457, Preschool
Grant Program....... 37,841,000
(6) 10.60.050.031-IDEA,
State Improvement
Grant, Special
Education........... 2,196,000
(7) 10.60.050.032-IDEA,
Family Empowerment
Centers............. 2,794,000
(8) 10.60.050.033-IDEA,
Part B-Grants to
States--ARRA........ 613,472,000
(9) 10.60.050.034-IDEA,
Part B-Preschool
Grants--ARRA........ 20,514,000
Provisions:
1. If the funds for Part B of the
federal Individuals with
Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) (IDEA)
that are actually received by
the state exceed $1,198,276,000,
$1,219,431,000, at least 95
at least 95 percent of the funds
received in
excess of that amount shall be
allocated for local entitlements
and to state agencies with
approved local plans. Up to 5
percent of the amount received
in excess of $1,219,431,000 may
be used for state administrative
expenses upon approval of the
Department of Finance. If the
funds for Part B of the IDEA
that are actually received in excess of
that by
amount shall be allocated for
local entitlements and to state
agencies with approved local
plans. Up to 5 percent of the
amount received in excess of
$1,198,276,000 may be used for
state administrative expenses
upon approval of the Department
of Finance. If the funds for
Part B of the IDEA that are
actually received by the state
the state are less than $1,198,276,000,
$1,219,431,000, the reduction
the reduction shall be taken in
other state-
other state- level activities.
2. The funds appropriated in
Schedule (2) shall be
distributed to state-operated
programs serving disabled
children from 3 to 21 years of
age, inclusive. In accordance
with federal law, the funds
appropriated in Schedules (1)
and (2) shall be distributed to
local and state agencies on the
basis of the federal Individuals
with Disabilities Education
Act (20 U.S.C. Sec. 1400 et
seq.) permanent formula.
4. Of the funds appropriated in
Schedule (4) , up to $300,000
shall be used to develop and
test procedures, materials, and
training for alternative dispute
resolution in special education.
5. Of the funds appropriated by
Schedule (5) for the Preschool
Grant Program, $1,228,000 shall
be used for in-service training
and shall include a parent
training component and may, in
addition, include a staff
training program. These funds
may be used to provide training
in alternative dispute
resolution and the local
mediation of disputes. This
program shall include state-
sponsored and local components.
6. Of the funds appropriated in
this item, $1,420,000 is
available for local assistance
grants to monitor local
educational agency compliance
with state and federal laws and
regulations governing special
education. This funding level is
to be used to continue the
facilitated reviews and, to the
extent consistent with the key
performance indicators developed
by the State Department of
Education, these activities
shall focus on local educational
agencies identified by the
United States Department of
Education's Office of Special
Education Programs.
7. The funds appropriated in
Schedule (7) shall be used for
the purposes of Family
Empowerment Centers on
Disability pursuant to Chapter
690 of the Statutes of 2001.
8. Notwithstanding the notification
requirements listed in
subdivision (d) of Section
26.00, the Department of Finance
is authorized to approve
intraschedule transfers of funds
within this item submitted by
the State Department of
Education for the purposes of
ensuring that special education
funding provided in this item is
appropriated in accordance with
the statutory funding formula
required by the federal
Individuals with Disabilities
Education Act (20 U.S.C. Sec.
1400 et seq.) and the special
education funding formula
required pursuant to Chapter 7.2
(commencing with Section 56836)
of Part 30 of Division 4 of
Title 2 of the Education Code,
without waiting 30 days, but
shall provide a notice to the
Legislature each time a transfer
occurs.
9. Of the funds appropriated in
Schedule (4) , $69,000,000 shall
be used exclusively to support
mental health services that are
provided during the 2009-10
fiscal year by county mental
health agencies pursuant to
Chapter 26.5 (commencing with
Section 7570) of Division 7 of
Title 1 of the Government Code
and that are included within an
individualized education program
pursuant to the federal
Individuals with Disabilities
Education Act (20 U.S.C. Sec.
1400 et seq.). Each county
office of education receiving
these funds shall contract, on
behalf of special education
local planning areas in its
county, with the county mental
health agency to provide
specified mental health
services. This funding shall be
considered offsetting revenues
within the meaning of
subdivision (e) of Section 17556
of the Government Code for any
reimbursable mandated cost claim
for provision of the mental
health services provided in the
2009-10 fiscal year. Amounts
allocated to each county office
of education shall reflect the
share of the $69,000,000 in
federal special education funds
provided to that county in the
2004-05 fiscal year for mental
health services provided
pursuant to Chapter 26.5
(commencing with Section 7570)
of Division 7 of Title 1 of the
Government Code.
10. Of the funds appropriated in
Schedule (6), $2,196,000 is
provided on a one-time basis for
science-based professional
development as part of the State
Personnel Development grant.
11. Of the funds appropriated in
Schedule (1), up to $3,894,000
shall be available for transfer
to the State Special Schools for
student transportation
allowances. However, of these
funds, the State Department of
Education (SDE) shall obtain
written approval from the
Department of Finance prior to
spending $924,000 to address
transportation contract
increases in the 2008-09 or 2009-
10 fiscal year resulting from
fuel and insurance costs. The
Department of Finance shall act
within 30 days of receiving
justification from the SDE for
the increased costs.
SEC. 413. Item 6110-166-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-166-0001--For local assistance,
Department of Education (Proposition 98), for
transfer to Section A of the State School
Fund for purposes of Article 5 (commencing
with Section 54690) of Chapter 9 of Part 29
of Division 4 of Title 2 of the Education
Code, Partnership Academies Program........... 23,490,000
Schedule:
(1) 10.70.070.001-
California Partnership
Academies.............. 23,490,000
(2) 10.70.070.002-
""Green'' California
Partnership Academies.. 4,000,000
4,438,000
(3) Reimbursements......... -4,000,000
-4,438,000
Provisions:
1. If there are any funds in this item
that are not allocated for planning
or operational grants, the State
Department of Education may
allocate those remaining funds as
one-time grants to state-funded
partnership academies to be used
for one-time purposes.
2. The State Department of Education
shall not authorize new partnership
academies without the approval of
the Department of Finance and 30-
day notification to the Joint
Legislative Budget Committee.
3. Notwithstanding Provisions 1 and 2,
the funds appropriated in
Schedule (2) shall be available
consistent with Article 5
(commencing with Section 54690) of
Chapter 9 of Part 29 of Division 4
of Title 2 of the Education Code
and pursuant to legislation enacted
in the 2008-09 Regular Session.
and pursuant to Chapter 757 of the
Statutes of 2008.
4. Of the funds appropriated in
Schedule (2), $438,000 in
reimbursements is provided on a one-
time basis to support ""Green''
Partnership Academies.
SEC. 414. Item 6110-166-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-166-0890--For local assistance,
Department of Education, Program 10.70-
Vocational Education, payable from the
Federal Trust Fund......................... 128,813,000
139,597,000
Provisions:
1. The funds appropriated in this
item include federal Carl D.
Perkins Career and Technical
Education Act of 2006 funds
for the current fiscal year to
be transferred to the
community colleges by means of
interagency agreements for the
purpose of funding career
technical education programs
in community colleges.
2. The State Board of Education
and the Board of Governors of
the California Community
Colleges shall target funds
appropriated by this item to
provide services to persons
participating in welfare-
to-work activities under the
CalWORKs program.
3. The Superintendent of Public
Instruction shall report, not
later than February 1 of each
year, to the Joint Legislative
Budget Committee and the
Director of Finance,
describing the amount of
carryover funds from this
item, reasons for the
carryover, and plans to reduce
the amount of carryover.
4. Of the funds appropriated in
this item, $10,784,000 is
provided from one-time
carryover funds for vocational
education programs.
SEC. 415. Item 6110-167-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-167-0001--For local assistance,
Department of Education (Proposition 98), for
transfer to Section A of the State School
Fund, Program 10.70-Agricultural Career
Technical Education Incentive Program
established pursuant to Article 7.5
(commencing with Section 52460) of Chapter 9
of Part 28 of Division 4 of Title 2 of the
Education Code................................ 5,158,000
5,157,000
Provisions:
1. As a condition of receiving funds
appropriated in this item, a school
district shall certify to the
Superintendent of Public Instruction
both of the following:
(a) Agricultural Career Technical
Education Incentive Program funds
shall be expended for the items
identified in its application,
except that, in items of
expenditure classification 4000,
only the total cost of expenses
shall be required and itemization
shall not be required.
(b) The school district shall provide
at least 50 percent of the cost
of the items and costs from
expenditure classification 4000,
as identified in its application,
from other funding sources. This
provision does not limit the
authority of the Superintendent
of Public Instruction to waive
the local matching requirement
established by subdivision (b) of
Section 52461.5 of the Education
Code.
2. The funds appropriated in this item
reflect a reduction to the base
funding of 0.3 2 percent for a
statewide decline in average daily
attendance.
3. Of the amount appropriated in this
item, $0 is provided for a cost-of-
living adjustment.
SEC. 416. Item 6110-170-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-170-0001--For local assistance, Department of
Education, Program 20-Career Technical Education,
Education, pursuant to Section 88532 of the Education
pursuant to Section 88532 of the Education
Code.......
........................................... 0
Schedule:
(1) 20.40.800- Career Technical
Education.
18,840,000
Education..................
20,208,000
(2) Reimbursements............. -18,840,000
-20,208,000
Provisions:
1. Funding in this item shall be provided
through a transfer from Schedule (21) of
Item 6870-101-0001, pursuant to an
interagency agreement between the Office
of the Chancellor of the California
Community Colleges and the State
Department of Education.
2. Of the funds appropriated in this item,
$1,368,000 reflects one-time reimbursement
authority to complete five projects funded
in the 2008-09 fiscal year.
SEC. 417. Item 6110-181-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-181-0001--For local assistance,
Department of Education (Proposition 98),
for transfer to Section A of the State
School Fund, Program 20.10.025-Educational
Technology, programs funded pursuant to
Article 15 (commencing with Section 51870)
of Chapter 5 of Part 28 of Division 4 and
Chapter 3.34 (commencing with Section
44730) of Part 25 of Division 3 of Title 2
of the Education Code...................... 17,558,000
17,555,000
Provisions:
1. Of the funds appropriated in
this item, $0 is for the
purpose of a cost-of-living
adjustment.
2. The funds appropriated in this
item reflect a reduction to
the base funding of 0.3 2
percent for a statewide
decline in average daily
attendance.
3. As a part of the support
system authorized by paragraph
(5) of subdivision (a) of
Section 51871 of the Education
Code, the California
Technology Assistance Project
regional consortia shall
assist school districts in
using pupil achievement data
to inform instruction and
improve pupil learning. The
regional consortia shall also
support the identification and
dissemination of best
practices in the area of data-
driven instructional
improvement.
SEC. 418. Item 6110-181-0140 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-181-0140--For local assistance,
Department of Education, Program 20.10-
Instructional Support, payable from the
Department of Education, payable from the
California Environmental License Plate Fund,
for purposes of Section 21190 of the Public
Resources Code................................ 360,000
Schedule:
(1) 20.10.055-Environmental
Education................... 548,000
(2) Reimbursements.............. -188,000
SEC. 419. Item 6110-182-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-182-0001--For local assistance,
Department of Education (Proposition 98),
Program 20.20.030-K-12 High-Speed Network..... 10,404,000
Provisions:
1. Expenditure authority of no
greater than $15,600,000 is
provided for the K-12 High-Speed
Network.
(a) Of the amount authorized
for expenditure in this
provision, $1,300,000 of
unexpended cash reserves
from the following
appropriations are
available to continue
management and operation
of the network during the
200 8 9 - 1
0 9 fiscal year:
Item
6440-001-0001, Schedule
(a), Provision 44 of
Chapter 52 of the
Chapter 52, Statutes of
2000; Item
2000; Item 6440-001-0001,
Schedule
Schedule (1), Provision
24 of
24 of Chapter 106 ,
of the
Statutes of 2001; Item
6440-001-0001, Schedule
(1), Provision 24 of
Chapter 379 of the
Chapter 379, Statutes of
2002; Item
2002; Item 6440-001-0001,
Schedule
Schedule (1), Provision
22 of
22 of Chapter 157 ,
of the
Statutes of 2003; and
Item 6110-182-0001,
Chapter 208 of the
Chapter 208, Statutes of
2004.
2004.
(b) Of the amount authorized
for expenditure in this
provision, $4,600,000
shall be funded by E-rate
and California
Teleconnect Fund moneys.
The lead educational
agency or the Corporation
for Education Network
Initiatives in California
(CENIC), or both, shall
submit quarterly reports
to the Department of
Finance and the
Legislature on funds
received from E-rate and
the California
Teleconnect Fund.
(c) For the 200 8 9 -
1 0 9 fiscal
year, all major
subcontracts of the K-12
High-Speed Network
program shall be excluded
from both the eligible
program costs on
which indirect costs are
charged and from the
calculation of the
indirect cost rate based
on that year's data. For
purposes of this
provision, a major
subcontract is defined as
a subcontract for
services in an amount in
excess of $25,000.
SEC. 420. Item 6110-183-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-183-0890--For local assistance,
Department of Education, Program 20.10.045-
Safe and Drug Free Schools and Communities
Act (Part A of Title IV of P.L. 107-110),
payable from the Federal Trust Fund........ 26,931,000
29,231,000
Provisions:
1. Local educational agencies
shall give priority in the
expenditure of the funds
appropriated in this item to
create comprehensive drug and
violence prevention programs
that promote school safety,
reduce the use of drugs, and
create learning environments
that are free of alcohol and
guns and that support academic
achievement for all pupils. In
addition to preventing drug
and alcohol use, prevention
programs will respond to the
crisis of violence in our
schools by addressing the need
to prevent serious crime,
violence, and discipline
problems. The Superintendent
of Public Instruction shall
(a) notify local educational
agencies of this policy and
(b) incorporate the policy
into the State Department
of Education's compliance
review procedures.
2. Of the funds appropriated in
this item, $2,300,000 is
provided from one-time
carryover funds for the Safe
and Drug Free Schools Program.
SEC. 421. Item 6110-189-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-189-0001--For local assistance,
Department of Education (Proposition 98),
Program 20.20.020.005-Instructional
Support, for transfer to State
Instructional Materials Fund pursuant to
Article 3 (commencing with Section 60240)
of Chapter 2 of Part 33 of Division 4 of
Title 2 of the Education Code
(Instructional Materials Block Grant)...... 416,338,000
416,254,000
Provisions:
1. The funds in this item shall
be allocated to school
districts to purchase
standards-aligned
instructional materials.
2. Of the funds appropriated in
this item, $0 is provided for
the purpose of a cost-of-
living adjustment.
3. The funds appropriated in this
item reflect a reduction to
the base funding of 0.3 2
percent for a statewide
decline in average daily
attendance.
SEC. 422. Item 6110-193-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-193-0001--For local assistance, State
Department of Education (Proposition 98), for
transfer to Section A of the State School
Fund, Program 20.60-Staff Development......... 32,387,000
32,380,000
Schedule:
(1) 20.60.070-
Instructional Support:
Bilingual Teacher
Training Assistance
Program................ 2,132,000
2,131,000
(2) 20.60.060-
Instructional Support:
Teacher Peer Review.... 29,854,000
29,848,000
(3) 20.60.110-
Instructional Support:
Improving School
Effectiveness-Reader
Services for Blind
Teachers............... 401,000
Provisions:
1. The amount appropriated in Schedule
(1) shall be allocated for the
purposes of the Bilingual Teacher
Training Assistance Program
established by Article 4
(commencing with Section 52180) of
Chapter 7 of Part 28 of Division 4
of Title 2 of the Education Code.
2. Of the funds appropriated in
Schedule (1), $0 is for the purpose
of providing a cost-of-living
adjustment.
3. The funds appropriated in Schedule
(2) shall be allocated in
accordance with Article 4.5
(commencing with Section 44500) of
Chapter 3 of Part 25 of Division 3
of Title 2 of the Education Code.
If the funds are insufficient to
fully fund growth in this program,
the State Department of Education
may adjust the per-participant rate
to conform to available funds.
Funds appropriated in Schedule (2)
include $0 for the purpose of
providing a cost-of-living
adjustment.
4. The amount appropriated in
Schedule (3) shall be allocated for
the purposes of the Reader Services
for Blind Teachers Program, for
transfer to the Reader Employment
Fund established by Section 45371
of the Education Code for the
purposes of Section 44925 of the
Education Code.
5. Of the funds appropriated in
Schedule (3), $0 is for the purpose
of providing a cost-of-living
adjustment.
6. The funds appropriated in this item
reflect a reduction to the base
funding of 0.3 2 percent for a
statewide decline in average daily
attendance.
SEC. 423. Item 6110-193-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-193-0890--For local assistance,
Department of Education, Program 20.60-
Instructional Support, Part B of Title II of
the Elementary and Secondary Education Act
(Mathematics and Science Partnership Grants) 21,304,00
payable from the Federal Trust Fund..........
27,865,0
0
0
Provisions:
1. Of the funds appropriated in
this item, $6,561,000 is
provided in one-time carryover
funds to support the California
Mathematics and Science
Partnership grant program.
SEC. 424. Item 6110-195-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-195-0890--For local assistance,
Department of Education, Program 20.60-
Instructional Support, Part A of Title II
of the Elementary and Secondary Education
Act (Teacher and Principal Training and
Recruiting Fund), payable from the
Federal Trust Fund........................ 316,836,000
Schedule:
(1) 20.60.280-Improving
Teacher Quality
Local Grants........ 310,932,000
(2) 20.60.270-
Administrator
Training Program.... 1,554,000
(3) 20.60.190.300-
California Subject
Matter Projects..... 4,350,000
Provisions:
1. The funds appropriated in
Schedule (2) shall be for the
Administrator Training Program
authorized pursuant to Article
4.6 (commencing with Section
44510) of Chapter 3 of Part 25
of Division 3 of Title 2 of the
Education Code.
2. The funds appropriated in
Schedule (3) shall be for
transfer to the University of
California, which shall use the
funds for the Subject Matter
Projects pursuant to Article 1
(commencing with Section 99200)
of Chapter 5 of Part 65 of
Division 14 of Title 3 of the
Education Code.
3. Of the funds appropriated in
Schedule (2), up to $500,000 may
be used to provide professional
development for private school
teachers and administrators in
accordance with federal law. By
October 15, 2010, the State
Department of Education shall
submit to the appropriate budget
and policy committees of the
Legislature, the Legislative
Analyst's Office, and the
Department of Finance a report
of the number of private school
teachers and administrators
served under this provision and
the type of professional
development provided.
SEC. 425. Item 6110-196-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-196-0001--For local assistance,
Department of Education (Proposition
98), for transfer by the Controller
to Section A of the State School
Fund, for allocation by the
Superintendent of Public Instruction
to school districts, county offices
of education, and other agencies for
the purposes of Proposition 98
educational programs funded in this
item, in lieu of the amount that
otherwise would be appropriated
pursuant to any other statute........ 1,928,645,000
1,827,110,000
Schedule:
(1) 30.10.010-Special
Program, Child
Development, Preschool 429,376
Education............... 373,378
Education...............
,000
(1. 30.10.020-Child Care
5) Services................ 2,004,6
87,000
(1. 30.10.020-Child Care 2,027,3
5) Services................ 64,000
(a) 30.10.020.00
1-Special
Program,
Child
Development,
General
Child
Development 779,669
Programs.... 779,849
Programs.... ,
000
(c) 30.10.020.00
4-Special
Program,
Child
Development,
Migrant Day 36,246,
Care........ 000
(d) 30.10.020.00
7-Special
Program,
Child
Development,
Alternative
Payment 258,811
Program..... ,000
(e) 30.10.020.01
1-Special
Program,
Child
Development,
Alternative
Payment
Program-- 427,868
Stage 2..... 439,620
Stage 2..... ,
000
(f) 30.10.020.01
2-Special
Program,
Child
Development,
Alternative
Payment
Program--
Stage 3 389,429
Setaside.... 393,373
Setaside.... ,
000
(g) 30.10.020.00
8-Special
Program,
Child
Development,
Resource
and 19,438,
Referral.... 000
(i) 30.10.020.01
5-Special
Program,
Child
Development,
Extended 31,801,
Day Care.... 5,0 00 ,
0
00
(j) 30.10.020.09
6-Special
Program,
Child
Development,
Allowance
for 2,011,0
Handicapped. 00
(k) 30.10.020.10
6-Special
Program,
Child
Development,
California
Child Care
Initiative.. 250,000
(l) 30.10.020.90
1-Special
Program,
Child
Development,
Quality 63,304,
Improvement. 51,552,
Improvement.
000
(m) 30.10.020.91
1-Special
Program,
Child
Development,
Centralized
Eligibility 7,900,0
List........ 00
(n) 30.10.020.92
0-Special
Program,
Child
Development,
Local
Planning 6,637,0
Councils.... 00
(o) 30.10.020.01
4-Special
Program,
Child
Development,
Accounts 4,000,0
Payable..... 00
(3) 30.10.020.908-Special
Program, Child
Development, Cost-of-
Living Adjustments...... 0
(4) 30.10.020.909-Special
Program, Child
Development, Growth 18,916,
Adjustments............. 000
0
(5) Amount payable from the
Federal Trust Fund -547,01
(Item 6110-196-0890).... 1,00 -55
0 ,95
5,000
Provisions:
1. (a) Notwithstanding any other
provision of law,
alternative payment child
care programs shall be
subject to the rate
ceilings established in the
Regional Market Rate Survey
of California child
care and development
providers for provider
payments. When approved
pursuant to Section 8447 of
the Education Code, any
changes to the market rate
limits, adjustment factors
or regions shall be
utilized by the State
Department of Education and
the State Department of
Social Services in various
programs under the
jurisdiction of either
department.
(b) Notwithstanding any other
provision of law, the funds
appropriated in this item
for the cost of licensed
child care services
provided through
alternative payment or
voucher programs including
those provided under
Article 3 (commencing with
Section 8220) and Article
15.5 (commencing with
Section 8350) of Chapter 2
of Part 6 of Division 1 of
Title 1 of the Education
Code shall be used only to
reimburse child care costs
up to the 7 8 5th percentile
of the rates charged by
providers offering the same
type of child care for the
same age child in that
region effective July 1,
2009 region , based on the
200 7 5
Regional Market Rate Survey
data.
2. Of the amount appropriated in
Schedule (1), $50,000,000 is
available for P p rekindergarten
and F f amily L
l iteracy preschool
programs pursuant to Chapter
211 of the Statutes of 2006. Of
the amount appropriated in
Schedule (1), $5,000,000 is
available for the provision of
wraparound care to children
enrolled in state preschool
programs. The Superintendent of
Public Instruction shall assign
priority for these funds to
children enrolled in
prekindergarten and family
literacy preschool programs
literacy progr a ms a
uthorized by Section 8238.4 of
Section 8238.4 of the Education
Code.
Code.
3. Funds in Schedule (1.5)(l)
shall be reserved for
activities to improve the
quality and availability of
child care, pursuant to the
following:
(a) $1,9 64 30 , 2
62 9 is for the
schoolage care and resource
and referral earmark.
(b) $1 1, 0 62 ,
66 873,24 4 is for the
infant and toddler earmark
and shall be used for
increasing the supply of
quality child care for
infants and toddlers.
(c) $2,969,000 in one-time
federal funding is
available for use in the
2009-10 fiscal year. First The
priority shall be to fully
fund Trustline workload as
determined by the
remaining funds shall be
used for child care and
development quality
expenditures identified by
the State Department of Social
Services in conjunction
Education (SDE) and
with approved by
the Department of
Education. The remaining
funds shall be used for
child care and development
quality expenditures
identified by the State
Department of Education
(SDE) and approved by the
Department of Finance.
(d) From the remaining funds in
Schedule (1.5)(l), the
following amounts shall be
allocated for the following
purposes: $4,000,000 to
train former CalWORKs
recipients as child care
teachers, $2,700,000 for which
administrative costs shall
be minimized to allow for
maximum enrollment, with
priority for funding given
to programs at community
colleges that have
demonstrated high
completion rates;
$2,500,000 for training
license-exempt child care
providers, with priority
given to participants
serving subsidized
children; $8,000,000 for
contracting with the State
Department of Social
Services (DSS) for
increased inspections of
child care facilities , ;
$1,000,000 for Trustline
registration workload
(Chapter 3.35 (commencing
with Section 1596.60) of
Division 2 of the Health
and Safety Code) , ; $500,000
for health and safety
training for licensed and
exempt child care
providers , ; $300,000 for
the
Health Hotline , ; and
$300,000 to implement a
technical assistance
program to child care
providers in accessing
financing for renovation,
expansion, or construction
of child care facilities.
Of the amounts specified in
this provision, first
priority shall be to fully
fund Trustline registration
workload as determined by
the DSS in conjunction with
the SDE.
4. Of the amount appropriated in
Schedule (1.5)(l), $15,000,000
shall be for child care worker
recruitment and retention
programs pursuant to Section
8279.7 of the Education Code,
and $320,000 shall be for the
Child Development Training
Consortium.
5. (a) The State Department of
Education (SDE) shall
conduct monthly analyses of
CalWORKs Stage 2 and Stage
3 caseloads and
expenditures and adjust
agency contract maximum
reimbursement amounts and
allocations as necessary to
ensure funds are
distributed proportionally
to need. The SDE shall
share monthly caseload
analyses with the State
Department of Social
Services (DSS).
(b) The SDE shall provide
quarterly information
regarding the sufficiency
of funding for Stage 2 and
Stage 3 to DSS. The SDE
shall provide
caseloads, expenditures,
allocations, unit costs,
family fees, and other key
variables and assumptions
used in determining the
sufficiency of state
allocations. Detailed
backup by month and on a
county-by-county basis
shall be provided to the
DSS at least on a quarterly
basis for comparisons with
Stage 1 trends.
(c) By September 30 and March
30 of each year, the SDE
shall ensure that detailed
caseload and expenditure
data, through the most
recent period for Stage 2
and Stage 3 Setaside along
with all relevant
assumptions, is provided to
DSS to facilitate budget
development. The detailed
data provided shall include
actual and projected
monthly caseload from Stage
2 scheduled to time off of
their transitional child
care benefit from the last
actual month reported by
agencies through the next
two fiscal years as
well as local attrition
experience. DSS shall
utilize data provided by
the SDE, including key
variables from the prior
fiscal year and the first
two months of the current
fiscal year, to provide
coordinated estimates in
November of each year for
each of the three stages of
care for preparation of the
Governor's Budget, and
shall utilize data from at
least the first two
quarters of the current
fiscal year, and any
additional monthly data as
they become available for
preparation of the May
Revision. The DSS shall
share its assumptions and
methodology with the SDE in
the preparation of the
Governor's Budget.
(d) The SDE shall coordinate
with the DSS to identify
annual general subsidized
child care program
expenditures for Temporary
Assistance for Needy
Families-eligible children.
The SDE shall modify
existing reporting forms as
necessary to capture this
data.
(e) The SDE shall provide to
the DSS, upon request,
access to the information
and data elements necessary
to comply with federal
reporting requirements and
any other information
deemed necessary to improve
estimation of child care
budgeting needs.
6. Notwithstanding any other
provision of law, the funds in
Schedule (1.5)(f) are reserved
exclusively for continuing
child care for the following:
(a) former CalWORKs families
who are working, have left cash
aid, and have exhausted their
two-year eligibility for
transitional services in either
Stage 1 or 2 pursuant to
subdivision (c) of Section 8351
or Section 8353 of the
Education Code, respectively,
but still meet eligibility
requirements for receipt of
subsidized child care services,
and (b) families who received
lump-sum diversion payments or
diversion services under
Section 11266.5 of the Welfare
and Institutions Code and have
spent two years in Stage 2 off
of cash aid, but still meet
eligibility requirements for
receipt of subsidized child
care services.
7. 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.
8. (a) Notwithstanding any other
provision of law, the
income eligibility limits
pursuant to Section 8263.1
of the Education Code that
were in effect for the 2007-
08 fiscal year shall remain
in effect for the 2009-10
fiscal year.
were applicable to the 2007-
(b) Notwithstanding any other
provision of law, the
family fee schedule that
was in effect for the 2007-
08 and 2008-09 fiscal years
shall remain in effect for
the 2009-10 fiscal year . ,
and shall retain a flat fee
per family.
(b) Notwithstanding any other
provision of law, the State
Department of Social
Services shall, in
consultation with the State
Department of Education,
adjust the family fee
schedule for child care
providers to reflect a
state median income of
$66,166 annually for a
family of four. The fee
schedule shall retain a
flat fee per family and
begin at income levels at
which families currently
begin paying fees. The
revised fee schedule shall
increase the lowest fees by
$2 per day and continue
to increase fees on a
sliding scale up to a
maximum of 10 percent of
income at a lower point in
the income eligibility
spectrum when compared to
the current schedule.
(c) Notwithstanding any other
provision of law, the State
Department of Social
Services shall submit the
revised family fee schedule
for approval by the
Department of Finance no
later than 15 days after
enactment of the 2009
Budget Act. The Department
of Finance shall approve or
revise the fee schedule
within 30 days of receipt
and shall notify the
Department of Education of
the approved fee schedule,
which shall implement the
new fee schedule for
the 2009-10 fiscal year
without delay.
9. Of the amounts provided in this
item, $0 is available to
provide a cost-of-living
adjustment for Schedules (1),
(1.5)(a), (1.5)(c), (1.5)(d),
(1.5)(g), (1.5)(i), (1.5)(j),
and (1.5)(n). The maximum
standard reimbursement rate
shall not exceed $34.38 per day
for general child care programs
and $21.22 per day for state
preschool programs.
Furthermore, the migrant child
care and Cal-SAFE child care
programs shall adhere to the
maximum standard reimbursement
rates as prescribed for the
general child care programs.
All other rates and adjustment
factors shall conform.
10. Of the amounts provided in
this item, $18,916,000 is
this item, $0 is available to provide a
growth
provide a growth adjustment for Schedules
(1),
(1.5)(a), (1.5)(c), (1.5)(d),
Schedules (1), (1.5)(a),
(1.5)(c), (1.5)(d), (1.5)(i),
(1.5)(i), and (1.5)(j).
11. Notwithstanding any other
provision of law, the funds in
Schedule (1.5)(m) are
appropriated exclusively for
developing and maintaining a
centralized eligibility list in
each county pursuant to Section
8227 of the Education Code. By
November 1 of each year, the
State Department of Education
shall provide a status report
on implementing eligibility
lists in each county, which
shall include, but is not
limited to, the cost of
implementation and operation of
the eligibility lists in each
county, and number of children
and families on the list for
each county.
12. Notwithstanding Section 8278.3
of the Education Code or any
other provision of law, up to
$5,000,000 of the Child Care
Facilities Revolving Fund
balance may be allocated for
use on a one-time basis for
renovations and repairs to meet
health and safety standards, to
comply with the federal
Americans with Disabilities Act
of 1990 (42 U.S.C. Sec. 12101
et seq.), and to perform
emergency repairs, that were
the result of an unforeseen
event and are necessary to
maintain continued normal
operation of the child care and
development program. These
funds shall be made available
to school districts and
contracting agencies that
provide subsidized center-based
services pursuant to the Child
Care and Development Services
Act (Chapter 2 (commencing with
Section 8200) of Part 6 of
Division 1 of Title 1 of the
Education Code).
13. (a) The State Department of
Education (SDE) shall
Edu c ation shall c
ollect the following
following information
information through the use
of consultant services,
based on consultation with
the State Department of
Social Services regarding
the selection of the data
to be collected. The SDE
shall require the
contractor to coordinate
with the Alternative
Payment Monitoring Unit to
validate the findings of
the survey for those data
elements that can be
collected during the course of
of regularly scheduled
compliance reviews of
center-based child care and
alternative payment
providers based on
consultation with the
Department of Social
Services regarding the
selection of the data to be
collected:
providers, to the extent
practicable:
(1) Profiles of the
subsidized
population,
disaggregated for
each major program,
including, but not
limited to, half-day
State Preschool,
General Child Care,
Alternative Payment
Programs, and
CalWORKs Child Care,
sufficient to
determine both the
numbers and ages of
children and
proportion of
subsidized children
and families by type
of subsidized
care (e.g., family
child care homes,
centers, license-
exempt providers);
by family income and
family size; the
numbers and
proportions of
children utilizing
more than one type
of subsidized child
care; the work
status of parents of
children receiving
subsidized child
care; the numbers
and proportions of
children in full-
time care and in
part-time care; the
ages of children at
time of entry into a
subsidized child
care program; and
the numbers and
proportions of
foster children
receiving subsidized
child care.
(2) For each major
program, as
specified in
paragraph (1),
program, quantify the
family
fees collected,
estimate the family fees
copayments
collected, quant prov
i fy de
the fa nu m
ily co- ber and
payments collected,
provide the number
and proportion of
children and
families paying
family fees, number
estimate the number
and proportion of
children and
families paying subje
c t t o -
co payments , and the
number of children
and families
exempted from family
fees per by income
level
c a tegory by
nd family size. In
size. In addition, identify
identify and
classify the
classify the reasons for fee
for fee exemptions.
(3) Within and across
all major programs,
as specified in
paragraph (1),
determine the
monthly rates of
attrition of
families. Also, for
each program
determine the number
and percentage of
families receiving
child care due by
to
the following
reasons: child
category of
eligibility and need
pursuant to
subdivision (a) of
Section 8263 of the
Education, Code,
including, but not
limited to, child
protective services,
foster care, seeking
work, working, or in
training programs
leading to work, and
the relative
distribution of
families entering
the system by family
income and size.
(4) For each alternative
payment-based
program, determine
the incidence,
relative proportion,
and dollar magnitude
of actual care
payments per child
and family that are
in excess of or
below the current
mean-market rates.
Classify the
occurrences in
percentage
increments from the
mean-market rate.
(b) The data shall be provided
to the State Department of Social
Social Services, the
Services, the Department of
Finance, and
Finance, and the
the Legislative Analyst no
later than September 1,
2010.
14. The funds appropriated in
Schedule (1.5)(i),
30.10.020.015 for Extended Day
Care, shall be available to
provide services until August
31, 2009. It is the intent of
the Legislature that any child
who may be displaced as a
result of this program's
becoming inoperative be
provided services under the
state's subsidized child care,
After School Education and
Safety Program, or both.
15. Notwithstanding any other
provision of law, funds in
Schedule (1.5)(o) are available
for accounts payable for non-
CalWORKs child care programs
and to reimburse non-CalWORKs
alternative payment programs
for actual and allowable costs
incurred for additional
services, pursuant to Section
8222.1 of the Education Code.
The State Department of
Education shall give priority
for the allocation of these
funds for accounts payable.
SEC. 426. Item 6110-196-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-196-0890--For local assistance,
Department of Education, payable from the
Federal Trust Fund......................... 547,011,000
550,955,000
Provisions:
1. Notwithstanding any other
provision of law, the funds
appropriated in this item, to
the extent permissible under
federal law, are subject to
Section 8262 of the Education
Code.
2. Of the funds appropriated in
this item, $10,000,000 is from
the transfer of funds,
pursuant to Item 5180-402,
from the federal Temporary
Assistance for Needy Families
(TANF) Block Grant
administered by the State
Department of Social Services
to the federal Child Care and
Development Block Grant for
Stage 2 child care.
4. Of the funds appropriated in
this item, $2,969,000 is
available on a one-time basis
for quality projects from
federal Child Care and
Development Block Grant funds
appropriated prior to the 2009
federal fiscal year.
5. Of the funds appropriated in
this item, $ 19 27 ,
4 2 9 3,000 is
available on a one-time basis
for CalWORKs Stage 3 child
care from federal Child Care
and Development Block Grant
funds appropriated prior to
the 2009 federal fiscal year.
SEC. 427. Item 6110-197-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-197-0890--For local assistance,
Department of Education, payable from the
Federal Trust Fund, 21st Century
Community Learning Centers Program........ 129,371,000
169,371,000
Schedule:
(1) 30.10.080-Special
Program, Child
Development, 21st
Century Community
Learning Centers
Program............. 129,371,000
169,371,000
Provisions:
1. The State Department of
Education shall provide an
annual report to the Legislature
and Department of Finance by
November 1 of each year that
identifies by cohort for the
previous fiscal year each high
school program funded, the
amount of the annual grant and
actual funds expended, the
numbers of pupils served and
planned to be served, and the
average cost per pupil per day.
If the average cost per pupil
per day exceeds $10 per day, the
department shall provide
specific reasons why the costs
are justified and cannot be
reduced. In calculating cost per
pupil per day, the department
shall not count attendance
unless the pupil is under the
direct supervision of after
school program staff funded
through the grant. Additionally,
the department shall calculate
cost per day on the basis of the
equivalent of a three-hour day
for 180 days per school year.
The department shall also
identify for each program, as
applicable, if the attendance of
pupils is restricted to any
particular subgroup of pupils at
the school in which the program
is located. If such restrictions
exist, the department shall
provide an explanation of the
circumstances and necessity
therefor.
2. Of the funding provided in this
item, $40,000,000 is available
from one-time carryover funds
from prior years.
3. The State Department of
Education shall, by March 1,
2010, provide a report to the
Department of Finance and the
Legislative Analyst's Office
that includes, allocation and
expenditure data for all
programs funded in this item in
the past three years, the
reasons for carryover, and the
planned uses of carryover funds.
SEC. 428. Item 6110-198-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-198-0001--For local assistance,
Department of Education (Proposition 98), for
transfer by the Controller to Section A of
the State School Fund, for allocation to
school districts and county offices of
education, in lieu of the amount that
otherwise would be appropriated pursuant to
statute....................................... 57,917,000
57,905,000
Schedule:
(1) 20.60.220-Cal-SAFE
Academic and
Supportive Services.... 19,804,000
19,800,000
(2) 20.60.221-All Services
for Non-converting
Pregnant Minors
Programs............... 13,330,000
13,327,000
(3) 30.10.020-Cal-SAFE
Child Care............. 24,783,000
24,778,000
Provisions:
1. The amounts appropriated in
Schedules (1), (2), and (3) are
based on estimates of the amounts
required by existing programs for
operation of Cal-SAFE programs in
the current year. By October 31 of
each year, the State Department of
Education (SDE) shall submit to the
Department of Finance current
expenditure data for both the prior
fiscal year and the current year
showing each agency's allocation
and supporting detail including
average daily attendance and child
care attendance and enrollment
data. The SDE shall also provide
estimates of average daily
attendance and child care to be
provided in the budget year.
2. Funds appropriated in Schedule (2)
are available to provide funding
for all child care, as well as both
academic and supportive services
for programs choosing to retain
their Pregnant Minors Program
revenue limit. Notwithstanding
any other provision of law, the
State Department of Education shall
compute allocations to these
agencies using the respective
agencies' 1998-99 Pregnant Minors
Program revenue limits. Further,
notwithstanding any other provision
of law, programs which choose to
retain their Pregnant Minors
Program revenue limit rather than
convert to the Cal-SAFE revenue
limit must provide child care
within the revenue limit funding
for children of pupils comprising
base year average daily attendance.
3. Of the funds appropriated in this
item, $0 is for the purpose of
providing a cost-of-living
adjustment.
4. The funds appropriated in this item
reflect a reduction to the base
funding of 0.3 2 percent for a
statewide decline in average daily
attendance. No funds may be
allocated for the addition of new
Cal-SAFE agencies unless an
existing grantee ceases providing
services. Any allocations for new
agencies shall be limited to the
amount previously allocated to the
agency withdrawing services;
however, in no case shall
allocations for authorized agencies
exceed the amount appropriated in
this item.
5. Notwithstanding Section 26.00, the
State Department of Education may
transfer expenditure authority
between Schedule (1) Cal-SAFE
Academic and Supportive Services
and Schedule (2) All Services for
Nonconverting Pregnant Minors
Programs, to accurately reflect
expenditures in these programs,
upon approval of the Department of
Finance and notification of the
Legislature.
6. In the event that funding in this
item is insufficient to serve all
eligible pupils, the State
Department of Education shall
prorate the amounts in Schedules
(1) and (2).
SEC. 429. Item 6110-198-0890 is added to Section
2.00 of the Budget Act of 2009, to read:
6110-198-0890--For local assistance,
Department of Education, American Recovery
and Reinvestment Act (P.L. 111-5), payable
from the Federal Trust Fund................ 110,137,000
Schedule:
(2) 30.10.020.001-
Special Program,
Child Development,
General Child
Development Programs. 17,347,000
(2.4) 30.10.020.004-
Special Program,
Child Development,
Migrant Day Care..... 3,087,000
(3) 30.10.020.007-
Special Program,
Child Development,
Alternative Payment
Program.............. 15,743,000
(3.5) 30.10.020.011-
Special Program,
Child Development,
Alternative Payment
Program-Stage 2...... 36,272,000
(3.6) 30.10.020.012-
Special Program,
Child Development,
Alternative Payment
Program-Stage 3...... 18,905,000
(4) 30.10.020.901-
Special Program,
Child Development,
Quality Improvement.. 18,783,000
Provisions:
1. Of the funds appropriated in
Schedule (4), $5,273,000 is for
activities to improve the
quality of child care for
infants and toddlers and
$1,758,000 is for the
improvement of the quality of
care for children from birth to
five years of age, as
identified by the State
Department of Education and
approved by the Department of
Finance.
2. The State Department of
Education shall ensure that
provider contracts include
provisions that advise families
receiving services with
American Recovery and
Reinvestment Act funds in
General Child Care, Migrant Day
Care, and Alternative Payment
programs that they will cease
to receive services when these
funds are exhausted, unless
they can be accommodated
through attrition in capped
programs funded with
Proposition 98 General Fund
funds, federal base Child Care
and Development Block Grant
funds, or both.
SEC. 430. Item 6110-201-0890 of Section 2.00 of the
Budget Act of 2009 is amended to read:
6110-201-0890--For local assistance,
Department of Education, Program 30.20-
Child Nutrition, payable from the
Federal Trust Fund....................... 1,757,891,000
2,034,917,000
Schedule:
(1) 30.20.010-Child 1,725,441,00
Nutrition Programs..
2,002,467,0 0
0
(2) 30.20.040-Summer
Food Service
Program............. 32,450,000
Provisions:
1. Of the amount appropriated in
Schedule (1), $3,989,000 is
provided from one-time federal
funds for Fresh Fruit and
Vegetable Program grants to
local educational agencies.
SEC. 431. Item 6110-202-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-202-0001--For local assistance,
Department of Education, Program 30.20.010-
Child Nutrition Programs................... 11,075,000
Provisions:
1. Funds appropriated are for
child nutrition programs
pursuant to Section 41311 of
the Education Code. Claims for
reimbursement of meals
pursuant to this appropriation
shall be submitted no later
than September 30, 20 1 0 9
, to be
eligible for reimbursement.
2. Funds appropriated shall be
available for allocation in
accordance with Section 49536
of the Education Code, except
that the allocation shall not
be made based on all meals
served, but based on the
number of meals that are
served and that qualify as
free or reduced-price meals in
accordance with Sections
49501, 49550, and 49552 of the
Education Code.
3. Of the funds appropriated in
this item, $0 is for the
purpose of providing a cost-of-
living adjustment.
4. Of the funds appropriated in
this item, $195,000 is for the
purpose of providing a growth
adjustment due to an increase
in the projected number of
meals served.
SEC. 432. Item 6110-203-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-203-0001--For local assistance,
Department of Education (Proposition 98),
for transfer to Section A of the State
School Fund, Program 30.20.010-Child
Nutrition Programs, established pursuant
to Sections 41311, 49501, 49536, 49550,
49552, and 49559 of the Education Code.... 134,044,000
Schedule:
(1) 30.20.010-Child
Nutrition Programs.. 134,386,000
(2) Reimbursements...... -342,000
Provisions:
1. Funds appropriated in
Schedule (1) shall be allocated
pursuant to Section 41311 of the
Education Code. Claims for
reimbursement of meals pursuant
to this allocation shall be
submitted by school districts on
or before September 30, 20 1 0 9
, to
be eligible for reimbursement.
2. Funds designated for child
nutrition programs in Schedule
(1) shall be allocated in
accordance with Section 49536 of
the Education Code; however, the
allocation shall be based not on
all meals served, but on the
number of meals that are served
and that qualify as free or
reduced-price meals in
accordance with Sections 49501,
49550, and 49552 of the
Education Code.
4. Of the funds appropriated in
this item, $0 is for the purpose
of providing a cost-of-living
adjustment.
5. Of the funds appropriated in
this item, $8,359,000 is for the
purpose of providing a growth
adjustment due to an increase in
the projected number of meals
served.
6. If the appropriation in this
item is insufficient to fully
fund all eligible reimbursement
claims pursuant to Section
49430.5 of the Education Code,
the State Department of
Education shall reimburse
eligible claims at a prorated
share of the funds
appropriated by in this item.
7. The State Department of
Education shall notify the
Department of Finance in writing
30 days prior to paying prior
year reimbursement claims from
this item pursuant to Section
16304.1 of the Government Code.
No reimbursements shall be made
prior to final approval of the
Department of Finance.
SEC. 433. Item 6110-211-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-211-0001--For local assistance,
Department of Education (Proposition
98), for transfer to Section A of the
State School Fund, Categorical Programs
for charter schools, in accordance with
Section 47634.1 of the Education Code.... 226,501,000
State School Fund, Program 20.60.036 for
Schedule:
Categorical Programs for charter
(1) 20.60.036.003-
Instructional
Support:
Categorical
Programs for
Charter Schools..... 163,970,000
schools, in accordance with Section
47634.1 of the Education Code............ 226,501,000
(2) 20.60.036.006-
Instructional
Support: Economic
Impact Aid for
Charter Schools..... 62,531,000
Provisions:
1. The State Department of
Education shall provide an
estimate of average daily
attendance expected to be
claimed for this item for the
2010-11 fiscal year to the
Department of Finance and the
Legislative Analyst's Office by
October 1 of each year, for use
in developing the Governor's
Budget. The State Department of
Education shall provide an
update of the estimate by
March 31 of each year, for
preparation of the May Revision.
2. An additional $5,947,000 in
expenditures for Schedule (1)
has been deferred until the
2010-11 fiscal year.
expenditures for this item has
3. Funds appropriated in Schedule
(1) are provided solely for the
purpose for which categorical
block grants are calculated
pursuant to paragraph (1) of
subdivision (c) of Section
47634.1 of the Education Code.
Funds appropriated in Schedule
(2) are provided solely for the
purpose for which categorical
block grants are calculated
pursuant to paragraph (2) of
subdivision (c) of Section
47634.1 of the Education Code.
been deferred until the 2010-11
fiscal year.
4. The Department of Finance may
transfer funds between
Schedules (1) and (2) as needed
to ensure that the Charter
School Categorical Block Grant
is funded consistent with the
provisions of Section 47634.1
of the Education Code, provided
that the total amount allocated
to charter schools in Schedule
(1) is the result of applying
the same proportional cut that
other categorical programs
received pursuant to Section
12.42. The Department of
Finance may not authorize such
a transfer sooner than 30 days
after notifying the Chairperson
of the Joint Legislative Budget
Committee in writing of the
necessity to authorize the
transfer.
SEC. 434. Item 6110-220-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-220-0001--For local assistance,
Department of Education (Proposition 98),
for transfer to Section A of the State
School Fund, 20.60.036- Charter School Facility
Facility Grant Program, as set forth in Section
Section 47614.5 of the Education Code.....
........
56,720,000
SEC. 435. Item 6110-228-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-228-0001--For local assistance,
Department of Education (Proposition 98),
Program 20.60.020.011-School Safety Block
Grant, for transfer by the Controller to
Section A of the State School Fund for
allocation by the Superintendent of Public
Instruction................................ 61,010,000
60,990,000
Provisions:
1. The funds appropriated are
available to fund block grants
for middle and junior high
schools and high schools that
serve grades 8 to 12,
inclusive, pursuant to Article
3.6 (commencing with Section
32228) and Article 3.8
(commencing with Section
32239.5) of Chapter 2 of Part
19 of Division 1 of Title 1 of
the Education Code. An
additional $38,720,000 in
expenditures for this purpose
has been deferred to the 20 1 0 9
-
1 0 1 fiscal year. Of the
amount
deferred, $1,000,000 shall be
made available for county
offices of education pursuant
to Article 3.6 (commencing
with Section 32228) of Chapter
2 of Part 19 of Division 1 of
Title 1 of the Education Code.
2. Of the funds appropriated in
this item, $0 is for the
purpose of providing a cost-of-
living adjustment.
3. The funds appropriated in this
item reflect a reduction to
the base funding of 0.3 2
percent for a statewide
decline in average daily
attendance.
4. The funds appropriated in this
item shall be considered
offsetting revenues within the
meaning of subdivision (e) of
Section 17556 of the
Government Code for any
reimbursable mandated cost
claim for comprehensive school
safety plans. Local
educational agencies accepting
funding from this item shall
reduce their estimated and
actual mandate reimbursement
claims by the amount of
funding provided to them from
this item.
SEC. 436. Item 6110-240-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-240-0001--For local assistance,
Department of Education (Proposition 98)..... 3,048,000
3,047,000
Schedule:
(1) 10.80.030-Instruction:
International
Baccalaureate Diploma
Program.................... 1,269,000
(2) 20.70-Instructional
Support: Assessments
(Advanced Placement Fee
Waiver Program)............ 1,779,000
1,778,000
Provisions:
1. The funds appropriated in Schedule
(1) shall be for the International
Baccalaureate Diploma Program
authorized by Chapter 12.5
(commencing with Section 52920) of
Part 28 of Division 4 of Title 2 of
the Education Code.
2. The funds appropriated in Schedule
(2) shall be for grants for advanced
placement examination fees as
authorized by Chapter 8.3
(commencing with Section 52240) of
Part 28 of Division 4 of Title 2 of
the Education Code.
3. Of the funds appropriated in this
item, $0 is for the purpose of
providing a cost-of-living
adjustment.
4. The funds appropriated in this item
reflect a reduction to the base
funding of 0.3 2 percent for a
statewide decline in average daily
attendance.
SEC. 437. Item 6110-240-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-240-0890--For local assistance,
Department of Education, Program 20.70.010-
Instructional Support: Advanced Placement
Fee Waiver, payable from the Federal Trust
Fund........................................ 3,670,000
Provisions:
1. Funding shall be used to fully
satisfy the demand for advanced
placement examination fee
reimbursements for low-income
pupils. Any funding remaining after
the demand for advanced placement
examination fee reimbursements has
been fully satisfied may be used on
a one-time basis for preadvanced
placement activities as specified
under the conditions of the federal
grant application through which
these funds were authorized. Use of
funding for this alternative
purpose shall neither create nor
imply any continuing obligation to
fund the alternative activities
beyond the 200 8 9 - 1
0 9 fiscal year.
SEC. 438. Item 6110-243-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-243-0001--For local assistance,
Department of Education (Proposition 98),
Program 10-Instruction, for transfer by
for transfer by the Controller to Section A
of the State
A of the State School Fund for allocation by
the
Superintendent of Public Instruction for
the unscheduled Pupil Retention Block
Grant pursuant to Article 2 (commencing
with Section 41505) of Chapter 3.2 of Part
24 of Division 3 of Title 2 of the
Education Code.............................
by the Superintendent of Public
95,647,000
Instruction for the unscheduled Pupil
Retention Block Grant pursuant to Article
2 (commencing with Section 41505) of
Chapter 3.2 of Part 24 of Division 3 of
Title 2 of the Education Code.............. 95,666,000
Provisions:
1. Of the funds appropriated in
this item, $0 is provided for
the purpose of a cost-of-
living adjustment.
2. The funds appropriated in this
item reflect a reduction to
the base funding of 0.3 2
percent for a statewide
decline in average daily
attendance.
SEC. 439. Item 6110-244-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
6110-244-0001--For local assistance,
Department of Education (Proposition 98),
Program 20.60 for transfer by the
Controller to Section A of the State
School Fund, for allocation by the
Superintendent of Public Instruction for
the Teacher Credentialing Block Grant
pursuant to Article 4 (commencing with
Section 41520) of Chapter 3.2 of Part 24
of Division 3 of Title 2 of the Education
Code....................................... 132,443,000
112,773,000
Provisions:
1. Of the funds appropriated in
this item, $3,329,000 is
available to support the
Teacher Credentialing Block
Grant regional infrastructure.
2. It is the intent of the
Legislature that first-year
holders of preliminary
teaching credentials, as
defined in subdivision (b) of
Section 44259 of the Education
Code, be afforded first
priority for funding
appropriated in this item. To
the extent that any funds
appropriated in this item
remain after all first-year
holders of preliminary
teaching credentials have been
served, those funds may be
used to serve second-year
holders of preliminary
teaching credentials.
3. If funds are insufficient to
service all second-year
holders of preliminary
teaching credentials, the
State Department of Education
shall prorate the funds to
conform to the amount
remaining in this item,
consistent with Provision 2.
4. Of the funds appropriated in
this item, $0 is provided for
a cost-of-living adjustment
for a total per-participant
rate of $4,069.
5. The funds in this item
shall be made available only
to beginning teachers, as
defined in Section 44279.1 of
the Education Code, serving in
their first or second year of
service in California.
SEC. 440. Item 6110-245-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-245-0001--For local assistance,
Department of Education (Proposition 98),
Program 20.60 for transfer by the
Controller to Section A of the State
School Fund, for allocation by the
Superintendent of Public Instruction for
the Professional Development Block Grant,
pursuant to Article 5 (commencing with
Section 41530) of Chapter 3.2 of Part 24
of Division 3 of Title 2 of the Education
Code ...................................... 272,469,000
272,414,000
Provisions:
1. Of the funds appropriated in
this item, $0 is for the
purpose of providing a cost-of-
living adjustment.
2. The funds appropriated in this
item reflect a reduction to
the base of 0.3 2 percent for a
decline in statewide average
daily attendance.
3. Local educational agencies may
use these funds to award
incentive grants to teachers
with certification by the
National Board for
Professional Teaching
Standards that are teaching in
low-performing schools
pursuant to Article 13
(commencing with Section
44395) of Chapter 2 of Part 25
of Division 3 of Title 2 of
of Division 2 of the Education
Code.
Code.
SEC. 441. Item 6110-246-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-246-0001--For local assistance,
Department of Education (Proposition 98),
Program 10-Instruction, for transfer by
for transfer by the Controller to Section A
of the State
A of the State School Fund for allocation by
the
Superintendent of Public Instruction for
the unscheduled Targeted Instructional
Improvement Block Grant pursuant to
Article 6 (commencing with Section 41540)
of Chapter 3.2 of Part 24 of Division 3 of
Title 2 of the Education Code..............
by the Superintendent of Public
966,595,000
Instruction for the unscheduled Targeted
Instructional Improvement Block Grant
pursuant to Article 6 (commencing with
Section 41540) of Chapter 3.2 of Part 24
of Division 3 of Title 2 of the Education
Code....................................... 966,809,000
Provisions:
1. Of the funds appropriated in
this item, $0 is provided for
the purpose of a cost-of-
living adjustment.
2. The funds appropriated in this
item reflect a reduction to
the base funding of 0.3 2
percent for a statewide
decline in average daily
attendance.
3. Notwithstanding any other
provision of law, an
additional $100,118,000 in
expenditures for this item has
been deferred until the
following fiscal year.
SEC. 442. Item 6110-247-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-247-0001--For local assistance,
Department of Education (Proposition 98),
Program 10-Instruction, for transfer by
for transfer by the Controller to Section A
of the State
A of the State School Fund for allocation by
the
Superintendent of Public Instruction for
the unscheduled School and Library
Improvement Block Grant pursuant to
Article 7 (commencing with Section 41570)
of Chapter 3.2 of Part 24 of Division 3 of
Title 2 of the Education Code..............
by the Superintendent of Public
461,549,000
Instruction for the unscheduled School and
Library Improvement Block Grant pursuant
to Article 7 (commencing with Section
41570) of Chapter 3.2 of Part 24 of
Division 3 of Title 2 of the Education
Code....................................... 461,642,000
Provisions:
1. Of the funds appropriated in
this item, $0 is provided for
the purpose of a cost-of-
living adjustment.
2. The funds appropriated in this
item also reflect a reduction
to the base funding of 0.3
0.32 percent for a statewide
decline in average daily
attendance.
SEC. 443. Item 6110-248-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-248-0001--For local assistance,
Department of Education (Proposition 98),
Program 20-Instructional Support, for
for transfer by the Controller to Section A
of
A of the State School Fund for allocation by
by the Superintendent of Public
Instruction
Instruction for the unscheduled School
Safety
Consolidated Competitive Grant pursuant to
Article 3 (commencing with Section 41510)
of Chapter 3.2 of Part 24 of Division 3 of
Title 2 of the Education Code..............
Safety Consolidated Competitive Grant
17,899,000
pursuant to Article 3 (commencing with
Section 41510) of Chapter 3.2 of Part 24
of Division 3 of Title 2 of the Education
Code....................................... 17,902,000
Provisions:
1. Of the funds appropriated in
this item, $0 is for the
purpose of providing a cost-of-
living adjustment.
2. The funds appropriated in this
item reflect a reduction to
the base funding of 0.3 2
percent for a statewide
decline in average daily
attendance.
3. Notwithstanding any other
provision of law, up to
$400,000 of the funds
appropriated in this item may
be used for contracts with
county offices of education to
provide regional training in
safe school planning and
crisis response and for
statewide coordination of such
training.
4. The funds contained in this
item shall first be used to
offset any state-mandated
reimbursable costs that may
otherwise be claimed for the
state mandates reimbursable
process of implementing
Chapter 996 of the
Statutes of 1999. Local
educational agencies accepting
funding from this item shall
reduce their estimated and
actual mandate reimbursement
claims by the amount of
funding provided to them from
this item.
SEC. 444. Item 6110-268-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6110-268-0001--For local assistance,
Department of Education (Proposition 98),
Program 20-Instructional Support, Child
Child Oral Health Assessments Program,
pursuant
pursuant to Article 4 (commencing with
Section 49452.8) of Chapter 9 of Part 27 of
t o Section 49452.8 of t he Education Code....
...................... 4,400,000
Provisions:
1. The funds appropriated in this item
shall be considered offsetting
revenues within the meaning of
subdivision (e) of Section 17556 of
the Government Code for any
reimbursable mandated cost claim
for child oral health assessments.
Local educational agencies
accepting funding from this item
shall reduce their estimated and
actual mandate reimbursement claims
by the amount of funding provided
to them from this item.
SEC. 445. Item 6110-488 is added to Section 2.00
of the Budget Act of 2009, to read:
6110-488--Reappropriation (Proposition 98),
Department of Education. Notwithstanding any
other provision of law, the balances from the
following items are available for
reappropriation for the purposes specified in
Provisions 1 and 2 of this item:
0001--General Fund
(1) $282,000 or whatever greater or lesser
amount reflects the unexpended balance
of the amount appropriated for
preschool education and child care
programs in Schedules (1) and (1.5) of
Item 6110-196-0001 of the Budget Act
of 2004 (Ch. 208, Stats. 2004)
(2) $143,000 or whatever greater or lesser
amount reflects the unexpended balance
of the amount appropriated for
preschool education and child care
programs in Schedules (1) and (1.5) of
Item 6110-196-0001 of the Budget Act
of 2005 (Chs. 38 and 39, Stats. 2005)
(3) $2,546,000 or whatever greater or
lesser amount reflects the unexpended
balance of the amount appropriated for
preschool education and child care
programs in Schedules (1) and (1.5) of
Item 6110-196-0001 of the Budget Act
of 2006 (Chs. 47 and 48, Stats. 2006)
(4) $32,017,000 or whatever greater or
lesser amount reflects the unexpended
balance of the amount appropriated for
CalWORKs Stage 2 and Stage 3 child
care programs in Schedules (1.5)(e)
and (1.5)(f) of Item 6110-196-0001 of
the Budget Act of 2007 (Chs. 171 and
172, Stats. 2007)
(5) $2,911,000 or whatever greater or
lesser amount reflects the unexpended
balance of the amount appropriated for
preschool education and child care
programs in Schedules (1) and (1.5) of
Item 6110-196-0001 of the Budget Act
of 2008 (Chs. 268 and 269, Stats. 2008)
(6) $27,636,000 or whatever greater or
lesser amount reflects the unexpended
balance of the amount appropriated for
CalWORKs Stage 2 and Stage 3 child
care programs in Schedules (1.5)(e)
and (1.5)(f) of Item 6110-196-0001 of
the Budget Act of 2008 (Chs. 268 and
269, Stats. 2008).
(7) $18,400,000 or whatever greater or
lesser amount reflects the unexpended
balance of the amount appropriated for
the Charter School Facility Grant
Program in Item 6110-220-0001 of the
Budget Act of 2009 (Ch. 1, 2009-10 3rd
Ex. Sess.)
Provisions:
1. The sum of $65,535,000 is hereby
reappropriated to the State Department
of Education for transfer by the
Controller to Section A of the State
School Fund for allocation by the
Superintendent of Public Instruction
for the purpose of funding State
Preschool Programs. The amount
reappropriated pursuant to this
provision is for use in the 2009-10
fiscal year.
2. The sum of $18,400,000 is hereby
reappropriated to the State Department
of Education for transfer by the
Controller to Section A of the State
School Fund for allocation by the
Superintendent of Public Instruction
for the purpose of funding school
district revenue limit apportionments.
The amount reappropriated pursuant to
this provision is for use in the 2009-
10 fiscal year.
SEC. 446. Item 6110-490 is added to Section 2.00 of the
Budget Act of 2009, to read:
6110-490--Reappropriation, Department of
Education. The balances of the appropriations
provided in the following citations are
reappropriated for the purposes and subject
to the limitations, unless otherwise
specified, provided for in the appropriations.
0660-Public Buildings Construction Fund
(1) Item 6110-301-0660, Budget Act of
2005 (Chs. 38 and 39, Stats. 2005),
as reappropriated by Item 6110-490,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008)
(1) 80.80.50-Career and Technical
Education Complex and Service
Yard--Construction and equipment
(2) Item 6110-301-0660, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006)
(2) 80.80.052-New Gymnasium and Pool
Center--Construction and equipment
(3) Item 6110-301-0660, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006)
(1) 80.80.089-Kitchen and Dining Hall
Renovation--Construction
(4) Item 6110-301-0660, Budget Act of
2007 (Chs. 171 and 172, Stats. 2007)
(2) 80.80.50-Career and Technical
Education Complex and Service
Yard--Construction
(5) Item 6110-301-0660, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008)
(3) 80.80.089-Kitchen and Dining Hall
Renovation--Construction
SEC. 447. Item 6110-492 is added to Section 2.00 of the
Budget Act of 2009, to read:
6110-492--Reappropriation, Department of
Education. Notwithstanding any other
provision of law, the balance of the
appropriation provided in Item 6110-001-
3085 of the Budget Act of 2008 (Chs. 268
and 269, Stats. 2008) is reappropriated
and shall be available for encumbrance or
expenditure until June 30, 2010, to
contract with mental health/educational
professionals to support the involvement
of local educational agencies in local
mental health planning and implementation
efforts pursuant to the Mental Health
Services Act (Proposition 63, as approved
by the voters at the November 2, 2004,
statewide general election).
SEC. 448. Item 6360-011-0407 is added to Section 2.00
of the Budget Act of 2009, to read:
6360-011-0407--For transfer by the Controller
from the Teacher Credentials Fund to the
General Fund................................... (540,000)
Provisions:
1. Notwithstanding any other provision of
law, the Controller shall transfer
$540,000 from the Teacher Credentials
Fund to the General Fund to reflect
recovery of 20 percent of the General
Fund transfer provided in the 2005-06
fiscal year.
SEC. 449. Item 6360-011-0408 is added to Section 2.00
of the Budget Act of 2009, to read:
6360-011-0408--For transfer by the
Controller from the Test Development and
Administration Account, Teacher Credentials (2,160,00
Fund to the General Fund..................... 0)
Provisions:
1. Notwithstanding any other
provision of law, the
Controller shall transfer
$2,160,000 from the Test
Development and Administration
Account, Teacher Credentials
Fund to the General Fund to
reflect recovery of 80 percent
of the General Fund transfer
provided in the 2005-06 fiscal
year.
SEC. 450. Item 6440-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
6440-001-0001--For support of University
of California............................ 2,641,355,000
2,374,705,000
Schedule:
(1) Support............. 2,557,859,00
3,157,859,00
0
(2) Charles R. Drew
Medical Program..... 8,738,000
(3) Acquired Immune
Deficiency Syndrome
(AIDS) Research..... 9,214,000
(4) Student Financial
Aid................. 52,199,000
(5) Loan Repayments..... 5,105,000
(6) San Diego
Supercomputer
Center.............. 3,240,000
(7) Subject Matter
Projects............ 5,000,000
(7.5) Unallocated
Reduction........... -266,650,000
(8) Reimbursements -
-American Recovery
and Reinvestment
Act of 2009 (Public
Law 111-5).......... -600,000,000
Provisions:
1. The appropriations made in this
item are exempt from Section
31.00.
2. None of the funds appropriated
in this item may be expended to
initiate major capital outlay
projects by contract without
prior legislative approval,
except for cogeneration and
energy conservation projects.
Funds appropriated in this item
may be used for capital
expenditures as well as payment
of debt service for such
exempted capital projects.
Exempted projects shall be
reported in a manner consistent
with the reporting procedures in
subdivision (e) of Section 28.00.
Funds appropriated in this item
may be used for capital
expenditures as well as payment
of debt service associated
with the Energy Partnership
Program, whereby the University
of California will receive
financial incentives from state
investor-owned utilities to
undertake energy conservation
projects. The use of state
operations funding for these
energy savings projects may not
infringe on the university's
funding for its instructional
support activities. The Director
of Finance may authorize program
expenditures for the list of
planned projects not sooner than
30 days after notification in
writing is provided to the
chairpersons of the committees
in each house of the Legislature
that consider appropriations,
the chairpersons of the
committees and the appropriate
subcommittees in each house of
the Legislature that consider
the State Budget, and the
Chairperson of the Joint
Legislative Budget Committee.
The list of planned projects
submitted for approval for a
given funding cycle should be
all - inclusive and may
include
projects that eventually may not
be initiated during that funding
cycle. A project not included on
the list of planned projects for
that funding cycle, but with
which the university wishes to
proceed during the budget year,
may be treated as an exempted
project as described above and
reported in a manner consistent
with the reporting procedures in
subdivision (e) of Section
28.00. No later than November 15
of each year, the university
shall prepare a report
describing the identified
projects funded under the Energy
Partnership Program in the prior
year. The report shall include
the cost of each project, how
the cost is being funded,
including the amount funded from
support budget funds and
investor-owned utility incentive
awards, and the projected amount
of energy savings. These reports
will sunset at the end of the
program.
3. The funds appropriated in
Schedule (2) are for support of
University of California
programs of clinical health
sciences education, research,
and public service, conducted in
conjunction with the Charles R.
Drew University of Medicine and
Science, as provided for in
Sections 1, 2, and 3 of Chapter
1140 of the Statutes of 1973. Of
the funds appropriated, $500,000
is contingent upon the provision
by the University of California
of an equal amount of matching
funds from its own resources.
The University of California
shall ensure by adequate
controls that funds appropriated
in Schedule (2) are expended
solely for the support of the
program identified in that
schedule.
4. The funds appropriated in
Schedule (4) are for support of
Program 45, Student
Financial Aid, to provide
financial aid to needy students
attending the University of
California, according to the
nationally accepted needs
analysis methodology.
5. Of the funds appropriated in
Schedule (1), $2,762,129 is for
payment of energy service
contracts in connection with the
issuance of State Public Works
Board Energy Efficiency Revenue
Bonds.
6. Of the funds appropriated in
Schedule (5), $2,700,000 is for
repayment of $25,000,000
borrowed by the University of
California for deferred
maintenance in the 1994-95
fiscal year. It is the intent of
the Legislature to annually
provide funds for that repayment
purpose through the 2009-10
fiscal year.
7. Of the funds appropriated in
Schedule (5), $2,405,000 is for
repayment of $25,000,000
borrowed by the University of
California for deferred
maintenance in the 1995-96
fiscal year. It is the intent of
the Legislature to annually
provide funds for that repayment
purpose through the 2010-11
fiscal year.
8. Of the funds appropriated in
Schedule (1), $1,897,200 is for
the California State Summer
School for Mathematics and
Science (COSMOS). The University
of California shall report on
the outcomes and effectiveness
of COSMOS every five years,
commencing April 1, 2011.
9. Of the funds appropriated in
Schedule (1), $1,125,000 is
provided to continue support for
science and math resource
centers to implement the Science
and Math Teacher Initiative. The
University of California (UC)
shall report to the Legislature
and the Governor by February 1
of each year on its progress
toward increasing the quality
and supply of science and
mathematics teachers resulting
from implementation of the
Science and Math Teacher
Initiative. This report shall
include the following
information: (a) annual number
of mathematics and science
teachers awarded credentials (by
each UC campus) beginning with
the 2004-05 academic year
(before the state first provided
funding for the initiative), (b)
an expenditure plan on the use
of the funds appropriated in
this item, (c) the effectiveness
of the initiative's different
components and activities,
including an identification of
best practices, and (d) the job
placement of students who earn a
mathematics or science teaching
credential, including the
location of the K-12 school of
employment and whether it is in
an urban, rural, or suburban
setting.
10. The University of California
10. T shall report
to t he Legislature
expects the
University of California to
enroll a total of 198,520 state-
supported full-time equivalent
students (FTES) during the 2009-
by March 15, 2010, on whether it
has met its 2009- 10 academic year,
inclusive of
the enrollments specified in
Provisions 11 and 12. This
enrollment target does not
include nonresident students and
students enrolled in non-state-
supported summer programs. The
University of California shall
report to the Legislature by
March 15, 2010, on whether it
has met the 2009-10 academic
year enrollment goal s .
11. Of the funds appropriated in
Schedule (1), $2,025,000 is to
support 135 full-time equivalent
students in the Program in
Medical Education (PRIME) at the
Irvine, Davis, San Diego, San
Francisco, and Los Angeles
campuses. The primary purpose of
this program is to train
physicians specifically to serve
in underrepresented communities.
The University of California
shall report to the Legislature
by March 15, 2010, on (a) its
progress in implementing the
PRIME program and (b) the use of
the total funds provided for
this program from both state and
nonstate resources.
12. (a) The amount in Schedule
(1) includes $1,720,000
to continue increased
enrollments in nursing
programs beyond the
levels served in 2005-06
as follows:
(1) $1,617,000 for
full cost of a
minimum of 122
full-time
equivalent
students in entry-
level clinical
nursing programs
and entry-level
master's degree
programs in
nursing.
(2) $103,000 for
supplemental
marginal cost
funding for 20
master's degree
level nursing
students.
(b) The u U niversity
shall of
California shall report
report to the Legislature and
and the Governor by May 1,
1, 2010, on the total
enrollment in the 2009-10
academic year in the
baccalaureate nursing
degree programs, the
entry-level clinical and
master's degree nursing
programs, and the
master's of science
nursing degree programs.
13. It is the intent of the
Legislature that the
University of California submit
an annual report by March 1 of
each year through the 2010-11
fiscal year to the Joint
Legislative Budget Committee,
legislative fiscal
subcommittees, and the
Department of Finance on the
university's progress in
reforming its compensation
policies and practices,
reflecting the criteria
specified in Provision 27 of
Item 6440-001-0001 of the Budget
Act of 2006 (Chs. 47 and 48,
Stats. 2006).
14. Of the funds appropriated in
Schedule (1), $19,300,000 is for
student academic preparation and
education programs (SAPEP) and
is to be matched with
$12,000,000 from existing
university resources, for a
total of $31,300,000 for these
programs. The University of
California shall provide a plan
to the Department of Finance and
the fiscal committees of each
house of the Legislature for
expenditure of both state
and university funds for SAPEP
by September 1 of each year.
16. To the extent funds are
available in Schedule (1), and
contingent upon the receipt of
an equal amount of private
sector matching funds, the
University of California shall
allocate funds for the
California Institute for
Quantitative Biosciences for the
purpose of enhancing innovative,
cost-effective technologies and
therapies in health care.
17. It is the intent of the
Legislature that to the greatest
extent possible the University
of California limit any
reductions to student support
services and that the university
examine the possibility of
increases to the student-faculty
ratio and phase out support of
excess course units.
18. On or before April 1, 2009, the
Director of Finance and the
Treasurer shall determine
whether the provisions of
Section 99030 of the Government
Code have been met.
19. On or before January 10, 2010,
the University of California
shall provide a report to the
Legislature and the Governor
that describes the
implementation of the
unallocated reductions in the
Budget Act of 2008 (Chs. 268 and
269, Stats. 2008) and in the
Budget Act of 2009 (Ch. 1, 2009-
10 3rd Ex. Sess.). The report
shall include, but not be
limited to, information about
changes in enrollment and in
personnel costs, including
compensation increases and
decreases; receipt of funds
related to the American Recovery
and Reinvestment Act of 2009;
new fee revenues; and other
general purpose funding sources.
20. Notwithstanding Provision 14, if
the budget reductions contained
in this item require the
University of California to make
budget reductions to the Student
Academic Preparation and
Education Programs (SAPEP),
those reductions shall be no
greater, proportionally, than
the reduction in overall General
Fund support. The university
shall submit a report on the
reductions made to SAPEP to the
fiscal committees of each house
of the Legislature no later than
April 1, 2010.
21. Of the funds appropriated in
Schedule (1), $150,000 in one-
time funds shall be used for the
Institute of Governmental
Studies of the University of
California at Berkeley.
SEC. 451. Item 6440-001-0234 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6440-001-0234--For support of the
University of California, payable from the
Research Account, Cigarette and Tobacco
Products Surtax Fund....................... 14,515,000
13,090,000
Provisions:
1. The funds appropriated in this
item are to be allocated for
research regarding tobacco
use, with an emphasis on youth
and young adults, including,
but not limited to, the
effects of active and passive
smoking, the primary
prevention of tobacco use,
nicotine addiction and its
treatment, the effects of
secondhand smoke, and public
health issues surrounding
tobacco use.
2. Notwithstanding subdivision
(a) of Section 1.80, the funds
appropriated in this item are
available for expenditure
until June 30, 2012.
SEC. 452. Item 6440-402 is added to Section 2.00
of the Budget Act of 2009, to read:
6440-402--University of California, Santa
Barbara and San Diego Campuses.
Provisions:
1. (a) The Santa Barbara Campus-
Bioengineering Building is
authorized pursuant to Section
15820.21 of the Government Code.
(b) The San Diego Campus-Marine
Ecosystem Sensing, Observation,
and Modeling Laboratory is
authorized pursuant to Section
15821.21 of the Government Code.
SEC. 453. Item 6440-491 is added to Section 2.00 of the
Budget Act of 2009, to read:
6440-491--Reappropriation, University of California.
The balances of the appropriations provided in the
following citations are reappropriated for the
purposes and subject to the limitations in those
appropriations, unless otherwise specified:
0660--Public Buildings Construction Fund
(1) Item 6440-301-0660, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
Berkeley Campus:
(2) 99.01.260-Helios Energy
Research Facility-
-Preliminary plans, working
drawings, construction, and
equipment
6048--2006 University Capital Outlay Bond Fund
(1) Item 6440-301-6048, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
reappropriated by Item 6440-491,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008)
Irvine Campus:
(2.5) 99.09.360-Primary Electrical
Improvements Step 3-Working
drawings and construction
Santa Cruz Campus:
(18) 99.07.185-Infrastructure
Improvements Phase 2-
-Working drawings
+
(2) Item 6440-301-6048, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
reappropriated by Item 6440-491,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008)
Davis Campus:
(3) 99.03.360-Electrical
Improvements Phase 4-
-Construction
Merced Campus:
(5) 99.11.045-Social Sciences
and Management Building-
-Construction
Riverside Campus:
(8) 99.05.220-Boyce and Webber
Hall Renovations-
-Construction
Santa Barbara Campus:
(13) 99.08.145-Davidson Library
Addition and Renewal-
-Working drawings
+
(2.5) Item 6440-302-6048, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
San Diego Campus:
(8) Structural and Materials
Engineering Building-
-Construction
+
(3) Item 6440-302-6048, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
Berkeley Campus:
(1) 99.01.250-Birge Hall
Infrastructure Improvements-
-Construction
Riverside Campus:
(5) 99.05.225-East Campus
Infrastructure Improvements
Phase 2--Working drawings
and construction
Agriculture and Natural Resources:
(6) 99.10.065-Hopland Research
and Extension Center Field
Laboratory and Multipurpose
Facility--Construction
+
(4) Item 6440-304-6048, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
reappropriated by Item 6440-491,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008)
Davis Campus:
(1.5) 99.03.365-Telemedicine
Resource Center and Rural
PRIME Facility--Construction
and equipment
+
(5) Item 6440-305-6048, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
Irvine Campus:
(1) 99.09.380-Telemedicine/PRIME
Health Equity Education
Facility--Construction and
equipment
San Diego Campus:
(2) 99.06.395-Telemedicine/PRIME
Health Equity Education
Facility--Construction and
equipment
+
(6) Item 6440-304-6048, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
San Francisco Campus:
(1) 99.02.155-Telemedicine and
PRIME Urban Underserved
Education Facilities-
-Construction
SEC. 454. Item 6440-492 is added to Section 2.00 of the
Budget Act of 2009, to read:
6440-492--Reappropriation, University of California.
Notwithstanding any other provision of law, the
period to liquidate encumbrances of the
appropriations in the following citations is extended
to June 30, 2011:
6041--2004 Higher Education Capital Outlay Bond
Fund
(1) Item 6440-301-6041, Budget Act of 2004
(Ch. 308, Stats. 2004), as
reappropriated by Item 6440-491, Budget
Act of 2005 (Chs. 38 and 39, Stats. 2005)
Davis Campus:
(3) 99.03.310-Seismic Corrections,
Phase 4--Construction
Merced Campus:
(23) 99.11.035-Logistical Support
Service Facilities-
-Construction and equipment
+
(2) Item 6440-301-6041, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
reappropriated by Item 6440-491, Budget
Act of 2006 (Chs. 47 and 48, Stats. 2006)
Irvine Campus:
(3) 99.09.340-Computer Science
Unit 3--Equipment
Riverside Campus:
(5) 99.05.200- Environmental
Health and Safety Expansion-
-Preliminary plans
San Diego Campus:
(9) 99.06.355-Mayer Hall Addition
and Renovation--Equipment
(10) 99.06.370-Music Building-
-Construction
Santa Cruz Campus:
(13) 99.07.130-Humanities and
Social Services Facilities-
-Equipment
(14) 99.07.165-McHenry Project-
-Construction
+
(3) Item 6440-302-6041, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
reappropriated by Item 6440-491, Budget
Act of 2006 (Chs. 47 and 48, Stats. 2006)
Davis Campus:
(1) 99.03.315-Electrical
Improvements, Phase 3-
-Construction
(3) 99.03.345-Steam Expansion
Phase 1--Construction
Irvine Campus:
(4) 99.09.350-Engineering Unit 3-
-Construction
Riverside Campus:
(6) 99.05.190-Materials and
Science Engineering Building-
-Construction
Division of Agriculture and Natural
Resources:
(7) 99.10.055-Lindcove Research
and Extension Center
Laboratory Facility-
-Construction
6048--2006 University Capital Outlay Bond Fund
(1) Item 6440-301-6048, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
reappropriated by Item 6440-491, Budget
Act of 2007 (Chs. 171 and 172, Stats.
2007)
Davis Campus:
(1.3) 99.03.355-King Hall Renovation
and Expansion--Working drawings
Riverside Campus:
(5) 99.05.210-Culver Center for
the Arts--Construction
San Diego Campus:
(8) 99.06.385-Chilled Water and
Electrical Distribution
Improvements--Working drawings
Santa Barbara Campus:
(11) 99.08.135-Arts Building
Seismic Correction and Renewal-
-Working drawings
(12) 99.08.145- Davidson Library
Addition and Renewal-
-Preliminary plans
(13) 99.08.150-Phelps Hall
Renovation--Preliminary plans
and working drawings
Santa Cruz Campus:
(17) 99.07.180-Infrastructure
Improvements, Phase 1--Working
drawings
(18) 99.07.185-Infrastructure
Improvements, Phase 2-
-Preliminary plans
(19) 99.07.190-Biomedical Sciences
Facility--Working drawings
+
(2) Item 6440-301-6048, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
Davis Campus:
(2) 99.03.350-Veterinary Medicine
3B--Working drawings
+
(3) Item 6440-304-6048, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
San Francisco Campus:
(3) 99.02.155-Telemedicine and
PRIME Urban Underserved
Education Facilities--Working
drawings
SEC. 455. Item 6600-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
6600-001-0001--For support of Hastings
College of the Law.......................... 10,300,000
9,270,000
Provisions:
1. The appropriation made in this item
is exempt from Section 31.00.
SEC. 456. Item 6610-001-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6610-001-0001--For support of California
State University......................... 2,538,502,000
2,272,402,000
Schedule:
(1) Support............. 2,538,502,00
3,138,502,00
0
(1.5) Unallocated
reduction........... -266,100,000
(2) Reimbursements-
-ARRA............... -600,000,000
Provisions:
1. The appropriations made in this
item are exempt from Section
31.00, except as otherwise
provided by the applicable
sections of the Government Code
referred to in Section 31.00.
2. Of the amount appropriated in
this item, $350,000 is for
transfer to the Affordable
Student Housing Revolving Fund
for the purpose of subsidizing
interest costs in connection
with bond financing for
construction of affordable
student housing at the Fullerton
and Hayward campuses in
accordance with Article 3
(commencing with Section 90085)
of Chapter 8 of Part 55 of
Division 8 of Title 3 of the
Education Code.
3. Of the amount appropriated in
this item, $1,878,000 is for
repayment of the $17,000,000
financed for the California
State University through a third
party for deferred maintenance
projects in the 1994-95 fiscal
year. It is the intent of the
Legislature to annually provide
funds for that repayment purpose
until June 30, 2010.
4. Of the amount appropriated in
this item, $2,309,000 is for
repayment of the $24,000,000
financed for the California
State University through a third
party for deferred maintenance
projects in the 1995-96
fiscal year. It is the intent of
the Legislature to annually
provide funds for that repayment
purpose until June 30, 2011.
5. Of the funds appropriated in
Schedule (1), $2,713,000 is
provided to continue support for
enhancing the capacity of
science and math teacher
credential programs to implement
the Science and Math Teacher
Initiative. The California State
University (CSU) shall report to
the Legislature and the Governor
by May 1 of each year on its
progress toward increasing the
quality and supply of science
and mathematics teachers
resulting from implementation of
the Science and Math Teacher
Initiative. This report shall
include the following
information: (a) annual number
of mathematics and science
teachers awarded credentials (by
each CSU campus) beginning with
the 2004-05 academic year
(before the state first provided
funding for the initiative),
(b) an expenditure plan on the
use of the funds appropriated in
this item, (c) the effectiveness
of the initiative's different
components and activities,
including an identification of
best practices, and (d) the job
placement of students who earn a
math or science teaching
credential, including the
location of the K-12 school of
employment and whether it is in
an urban, rural, or suburban
setting.
6. The California State University
6. T shall report
to t he Legislature
expects the
California State University to
enroll a total of 342,893 state-
supported full-time equivalent
students (FTES) during the 2009-
by March 15, 2010, on whether it
has met its 2009- 10 academic year,
inclusive of
the enrollments specified in
P yea r ovision 7.
This enrollment goal.
target does not include
nonresident students and
students enrolled in non-state-
supported summer programs. The
California State University
shall provide a preliminary
report to the Legislature by
March 15, 2010, and a final
report by May 1, 2010, on
whether it has met the 2009-10
academic year enrollment goal.
7. The amount in Schedule (1)
includes $6,251,000 for the
following purposes:
(a) $6,251,000 to continue
increased enrollments in
nursing programs beyond
the levels served in 2005-
06 as follows:
(1) $560,000 for
supplemental
marginal cost
funding for 280
FTES in entry-
level master's
degree nursing
programs pursuant
to Article 8
(commencing with
Section 89270) of
Chapter 2 of Part
55 of the
Division 8
of Title 3 of the
Education Code.
(2) $1,720,000 for
full cost of a
minimum of 163
FTES in entry
level master's
degree nursing
programs.
(3) $371,000 for full
cost of 35 FTES in
baccalaureate
degree nursing
programs.
(4) $3,600,000 for
full cost of 340
FTES in
baccalaureate
degree nursing
programs.
(c) The California State
University shall report
to the Legislature and
the Governor by May 1,
2010, on the total
enrollment in the 2009-10
academic year in the
baccalaureate nursing
degree and entry-level
master's nursing degree
programs.
8. Of the amount appropriated in
this item, $33,785,000 is
provided for student financial
aid grants. These financial aid
funds shall be provided to needy
students according to the
nationally accepted needs
analysis methodology.
9. Of the amount appropriated in
Schedule (1), $52,000,000 is
appropriated for student
academic preparation and student
support services programs. The
California State University
shall provide $45,000,000 to
support the Early Academic
Assessment Program and the
Educational Opportunity Program.
10. It is the intent of the
Legislature that to the greatest
extent possible the California
State University limit any
reductions to student support
services and that the university
examine the possibility of
increases to the student-faculty
ratio and phase out support of
excess course units.
11. On or before April 1, 2009, the
Director of Finance and the
Treasurer shall determine
whether the provisions of
Section 99030 of the Government
Code have been met.
12. On or before January 10, 2010,
the California State University
shall provide a report to the
Legislature and the Governor
that describes the
implementation of the
unallocated reductions in the
Budget Act of 2008 (Chs. 268 and
269, Stats. 2008) and the Budget
Act of 2009 (Ch. 1, 2009-10 3rd
Ex. Sess.) The report shall
include, but not be limited to,
information about changes in
enrollment, changes in personnel
costs including compensation
increases and decreases, and
receipt of funds related to the
American Recovery and
Reinvestment Act, new fee
revenues, and other general
purpose funding sources.
13. Notwithstanding Provision 9, if
the budget reductions contained
in this item necessitate the
California State University to
make budget reductions to its
student academic preparation and
outreach programs, those
reductions shall be no greater,
proportionally, than the
reduction in overall General
Fund support. The university
shall submit a report on
reductions made to these
programs to the fiscal
committees of each house of the
Legislature no later than April
1, 2010.
SEC. 457. Item 6610-490 is added to Section 2.00
of the Budget Act of 2009, to read:
6610-490--Reappropriation, California State
University. The balances of the appropriations
provided in the following citations are
reappropriated for the purposes provided for
in those appropriations and shall be available
for encumbrance or expenditure until June 30,
2010:
0785--1988 Higher Education Capital Outlay
Bond Fund
(1) Item 6610-002-0785, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
6041--2004 Higher Education Capital Outlay
Bond Fund
(1) Item 6610-002-6041, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
SEC. 458. Item 6610-491 is added to Section 2.00 of the
Budget Act of 2009, to read:
6610-491--Reappropriation, California State
University. Notwithstanding any other provision of
law, the balances of the appropriations provided in
the following citations are reappropriated for the
purposes and subject to the limitations, unless
otherwise specified, in those appropriations:
0660--Public Buildings Construction Fund
(1) Item 6610-301-0660, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
Bakersfield Campus:
(1) 06.50.066-Art Center and
Satellite Plant--Working
drawings and construction
Maritime Academy:
(2) 06.51.010-Physical Education
Replacement--Preliminary
plans, working drawings, and
construction
Monterey Bay Campus:
(3) 06.74.008-Academic Building II-
-Preliminary plans, working
drawings, and construction
Channel Islands Campus:
(4) 06.83.003-Classroom and
Faculty Office Renovation and
Addition--Construction
San Luis Obispo Campus:
(5) 06.96.116-Center for Science-
-Construction
6041--2004 Higher Education Capital Outlay Bond
Fund
(1) Item 6610-302-6041, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 6440-491, Budget
Act of 2006 (Chs. 47 and 48, Stats. 2006)
Maritime Academy:
(9) 06.51.009-Simulation Center-
-Construction
Pomona Campus:
(12) 06.98.108-Science Renovation,
Seismic--Construction
San Luis Obispo Campus:
(16) 06.96.115-Engineering and
Architecture Renovation and
Replacement, Phase II-
-Construction
+
(2) Item 6610-302-6041, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
Bakersfield Campus:
(1) 06.50.065-Nursing Renovation-
-Preliminary plans, working
drawings, and construction
+
(3) Item 6610-301-6041, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008
Channel Islands Campus:
(3) 06.83.005-Entrance Road-
-Construction
+
(4) Item 6610-302-6041, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
San Bernardino Campus:
(1) 06.78.073-Access Compliance
Barrier Removal--Preliminary
plans, working drawings, and
construction
6048--2006 University Capital Outlay Bond Fund
(1) Item 6610-301-6048, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
reverted by Item 6610-496, Budget Act of
2007 (Chs. 171 and 172, Stats. 2007)
East Bay Campus:
(2) 06.64.082-Student Services
Replacement Building-
-Construction
Humboldt Campus:
(3) 06.67.087-Behavioral and
Social Sciences, Phase 1-
-Equipment
+
(2) Item 6610-302-6048, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
Maritime Academy:
(1) 06.51.009-Simulation Center-
-Equipment
San Bernardino Campus:
(4) 06.78.092-Science Building
Renovation and Addition, Phase
II--Equipment
(5) 06.78.093-College of Education-
-Equipment
Stanislaus Campus:
(7) 06.92.064-Science II (Seismic)-
-Equipment
San Luis Obispo Campus:
(8) 06.96.115-Engineering and
Architecture Renovation and
Replacement, Phase II-
-Equipment
+
(3) Item 6610-301-6048, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
reappropriated by Item 6610-491, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008)
Channel Islands Campus:
(8) 06.83.005-Entrance Road-
-Preliminary plans and working
drawings
San Francisco Campus:
(10) 06.84.105-School of the Arts-
-Acquisition
Pomona Campus:
(14) 06.98.109-College of Business
Administration--Working
drawings and construction
+
(4) Item 6610-302-6048, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
Systemwide:
(1) 06.48.300-Nursing Facility
Improvements--Preliminary
plans, working drawings,
construction, and equipment
Bakersfield Campus:
(2) 06.50.064-Math and Computer
Science Building--Equipment
(3) 06.50.065-Nursing Renovation-
-Equipment
Fullerton Campus:
(5) 06.62.095-College of Business
and Economics--Equipment
Humboldt Campus:
(6) 06.67.098-Forbes PE Complex
Renovation--Equipment
San Bernardino Campus:
(9) 06.78.095-Palm Desert Off-
Campus Center, Phase III-
-Equipment
Sonoma Campus:
(10) 06.90.086-Music/Faculty Office
Building--Equipment
Pomona Campus:
(11) 06.98.108-Science Renovation
(Seismic)--Equipment
SEC. 4 59. Item 6610-492 is added to Section
2.00 of the Budget Act of 2009, to read:
6610-492--Reappropriation, California State
University. Notwithstanding any other provision of
law, the period to liquidate encumbrances of the
appropriations in the following citations is extended
until June 30, 2011:
6028--2002 Higher Education Capital Outlay Bond
Fund
(1) Item 6610-301-6028, Budget Act of 2002
(Ch. 379, Stats. 2002), as
reappropriated by Item 6610-491, Budget
Act of 2003 (Ch. 157, Stats. 2003), and
Item 6610-493, Budget Act of 2008 (Chs.
268 and 269, Stats. 2008)
San Diego Campus:
(8) 06.80.152-Telecommunications
Infrastructure--Construction
6041--2004 Higher Education Capital Outlay Bond
Fund
(1) Item 6610-301-6041, Budget Act of 2004
(Ch. 208, Stats. 2004)
Systemwide:
(1) 06.48.315-Minor Capital Outlay-
-Preliminary plans, working
drawings, and construction
+
(2) Item 6610-302-6041, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 6610-491, Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006), and Item 6610-493, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008)
Northridge Campus:
(11) 06.82.085-Science 1
Replacement--Construction
San Bernardino Campus:
(14) 06.78.093-College of Education
Building--Preliminary plans,
working drawings, and
construction
+
(3) Item 6610-302-6041, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
reappropriated by Item 6610-491, Budget
Act of 2007 (Chs. 171 and 172, Stats.
2007)
Fresno Campus:
(3) 06.56.093-Library Addition and
Renovation--Working drawings
and construction
Long Beach Campus:
(7) 06.71.111-Library Addition and
Renovation--Working drawings
and construction
San Luis Obispo:
(12) 06.96.115-Engineering and
Architecture Renovation and
Replacement, Phase II-
-Equipment
6048--2006 University Capital Outlay Bond Fund
(1) Item 6610-301-6048, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
Systemwide:
(1) 06.48.315-Minor Capital Outlay-
-Preliminary plans, working
drawings, and construction
Monterey Bay Campus:
(5) 06.74.007-Infrastructure
Improvements--Equipment
+
(2) Item 6610-301-6048, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
San Luis Obispo Campus:
(12) 06.96.116-Center for Science-
-Working drawings
SEC. 460. Item 6610-494 is added to Section 2.00 of the
Budget Act of 2009, to read:
6610-494--Reappropriation, California State
University. Notwithstanding any other
provision of law, the period to liquidate
encumbrances of the following citation is
extended to June 30, 2011:
6048--2006 University Capital Outlay Bond
Fund
(1) Item 6610-002-6048, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
SEC. 461. Item 6870-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
6870-001-0001--For support of Board of
Governors of the California Community
Colleges..................................... 10,155,000
Schedule:
(1) 10-Apportionments..... 1,196,000
(2) 20-Special Services
and Operations........ 17,390,000
18,390,000
(3) 30.01-Administration.. 4,453,000
(4) 30.02-Administration-
- Distributed......... -4,453,000
(5) Reimbursements........ -8,431,000
-9,431,000
Provisions:
1. Funds appropriated in this item
may be expended or encumbered to
make one or more payments under a
personal services contract of a
visiting educator pursuant to
Section 19050.8 of the Government
Code, a long-term special
consultant services contract, or
an employment contract between an
entity that is not a state agency
and a person who is under the
direct or daily supervision of a
state agency, only if all of the
following conditions are met:
(a) The person providing
service under the contract
provides full financial
disclosure to the Fair
Political Practices
Commission in accordance
with the rules and
regulations of the
Commission.
(b) The service provided under
the contract does not
result in the displacement
of any represented civil
service employee.
(c) The rate of compensation
for salary and health
benefits for the person
providing service under
the contract does not
exceed by more than 10
percent the current rate
of compensation for salary
and health benefits
determined by the
Department of Personnel
Administration for civil
service personnel in a
comparable position. The
payment of any other
compensation or any
reimbursement for travel
or per diem expenses shall
be in accordance with the
State Administrative
Manual and the rules and
regulations of the
Department of Personnel
Administration.
2. The funds appropriated in Schedule
(5) reflect $140,000 to support a
position through an interagency
agreement with the Department of
Corrections and Rehabilitation for
the purpose of coordinating and
administering funds to districts
for department staff training
and instruction services.
3. The funds appropriated in
Schedules (2) and (5) reflect an
interagency agreement with the
California Emergency Management
Agency for $400,000 in
reimbursements to conduct
emergency planning and
preparedness training for
community college districts.
4. The funds appropriated in
Schedules (2) and (5) reflect an
interagency agreement with the
Employment Development Department
for $600,000 in reimbursements to
support economic and workforce
development activities such as the
Nursing Initiative and other
programs related to the federal
Workforce Investment Act of 1998
(29 U.S.C. Sec. 2801 et seq.).
SEC. 462. Item 6870-002-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6870-002-0890--For support of Board of
Governors of the California Community
Colleges, Program 20. 30 98 .0
9 0 1 -Math and
Science Teacher Initiative, payable from
the Federal Trust Fund...................... 40,000
Provisions:
1. The funds appropriated in this item
are available to support personnel
and operating expenses necessary
for the implementation of the Math
and Science Teacher Initiative
program pursuant to a one time
grant from the United States
Department of Education pursuant to
Public Law 105-277.
SEC. 463. Item 6870-101-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6870-101-0001--For local assistance,
Board of Governors of the California
Community Colleges (Proposition 98)..... 3,810,595,000
3,114,494,000
Schedule:
(1) 10.10.010- 2,919,262,
Apportionments........ 2,721,006,
Apportionments........
000
(2) 10.10.020-
Apprenticeship........ 14,641,000
9,955,880
(3) 10.10.030-Growth for 175,213,00
Apportionments........ 0
0
(4) 20.10.004-Student
Success for Basic
Skills Students....... 33,100,000
27,804,000
(5) 20.10.005-Student
Financial Aid
Administration........ 52,203,000
52,884,000
(6) 20.10.020-Disabled 118,461,00
Students.............. 0
96,057,240
(7) 20.10.045-Special
Services for CalWORKs
Recipients............ 43,580,000
37,043,000
(8) 20.10.060-Foster Care
Education Program..... 5,254,000
(9) 20.10.070- 104,857,00
Matriculation......... 0
68,248,760
(10) 20.20.020-Academic
Senate for the
Community Colleges.... 467,000
317,560
(11) 20.20.041-Equal
Employment
Opportunity pursuant
to Ch. 1169, Stats.
2002.................. 1,747,000
1,187,960
(12) 20.20.050-Part-time
Faculty Health
Insurance............. 1,000,000
680,000
(13) 20.20.051-Part-time
Faculty Compensation.. 50,828,000
34,563,040
(14) 20.20.055-Part-time
Faculty Office Hours.. 7,172,000
4,876,960
(15) 20.30.011-
Telecommunications
and Technology
Services.............. 26,197,000
21,217,380
(16) 20.30.050-Economic
Development........... 46,790,000
31,817,200
(17) 20.30.070-Transfer
Education and
Articulation.......... 1,424,000
968,320
(18) 20.40.026-Physical
Plant and
Instructional Support. 27,345,000
0
(19) 20.10.010-Extended
Opportunity Programs
and Services and 125,960,00
Special Services......
102,137,4 0
0
(20) 20.30.045-Fund for
Student Success....... 6,158,000
5,262,820
(21) 20.70.010-Career
Technical Education... 20,000,000
0
(22) 20.80.010-Campus
Child Care Tax
Childcare Tax Bailout. ..............
6,836,000
4,648,480
(23) 20.95.010-Nursing
Program Support....... 22,100,000
18,564,000
(24) 97.20.001-Unallocated -130,000,0
Reduction............. 00
(25) 97.20.005-Unallocated. 130,000,00
0
(26) Reimbursements........ -130,000,0
00
Provisions:
1. The funds appropriated in this
item are for transfer by the
Controller during the 2009-10
fiscal year to Section B of the
State School Fund.
2. Notwithstanding any other
provision of law, apportionment
funding for community college
districts shall be based on the
greater of the current year or
prior year level of full-time
equivalent students (FTES),
consistent with K-12 declining
enrollment practices pursuant to
Section 42238.5 of the Education
Code. Decreases in FTES shall
result in a revenue reduction at
the district's average level of
apportionment funding per FTES
and shall be made in the year
following the initial year of
decrease in FTES.
3. The funds appropriated in
Schedule (1) for Apportionments
include $31,409,000 to encourage
district-level accountability
efforts pursuant to Section
84754.5 of the Education Code.
It is intended that the
Chancellor of the California
Community Colleges submit an
annual report on district-
specific accountability measures
by March 19 of each year. This
report shall reflect outcomes
from the most recently
completed fiscal year for which
data is available pursuant to
Section 84754.5 of the Education
Code.
4. Of the funds appropriated in
Schedule (1), Apportionments:
(a) Up to $100,000 is for a
maintenance allowance,
pursuant to Section 54200
of Title 5 of the
California Code of
Regulations.
(b) Up to $500,000 is to
reimburse colleges for the
costs of federal aid
repayments related to
assessed fees for fee
waiver recipients.
This reimbursement only
applies to students who
completely withdraw from
college before the census
date pursuant to Section
58508 of Title 5 of the
California Code of
Regulations.
5. Of the amount appropriated in
Schedule (1), $10,000,000 shall
only be available for noncredit
instruction to prepare pupils to
pass the California High School
Exit Examination (CAHSEE). The
first priority shall be to serve
high school pupils from the
classes of 2007 and 2008 who met
all other graduation
requirements except for passage
of the CAHSEE. Remaining funds
may be used to support other
necessary noncredit courses for
other pupils who not only did
not pass the CAHSEE, but who did
not complete other coursework
necessary to meet high school
graduation requirements. These
funds are intended to supplement
but not supplant existing
funding for these purposes.
6. Notwithstanding any other
provision of law, the Chancellor
of the California Community
Colleges shall not reduce
district workload obligations
for a lack of a funded cost-of-
living adjustment.
7. (a) Of t T he amount
appropriated in
in Schedule (2) for the
Apprenticeship Program , up
to $14,641,000 shall be
available as
available as necessary upon
upon certification by the
Chancellor of the
California Community
Colleges for the purpose
of funding community
college-related and
supplemental instruction
pursuant to Section 3074
of the Labor Code, as
provided in Section 8152
of the Education Code. No
community college district
shall use funds available
under this provision to
offer any new
apprenticeship training
program or the expansion
of any existing program
unless the new program or
expansion has been
approved by the chancellor.
(b) Notwithstanding Section
8152 of the Education
Code, each 60-minute hour
of teaching time devoted
to each indentured
apprentice enrolled in and
attending classes of
related and supplemental
instruction as provided
under Section 3074 of the
Labor Code shall be
reimbursed at the rate of
$5.06 per hour. For
purposes of this
provision, each hour of
teaching time may
include up to 10 minutes
for passing time and
breaks.
8. Funds appropriated in Schedule
(3), Growth for Apportionments,
shall be available first to any
districts bringing online in the
current fiscal year newly
accredited colleges or
California Postsecondary
Education Commission-approved
educational centers. It is the
intent of the Legislature that
increases in basic foundation
allocations to each college be
funded prior to additional
growth in full-time equivalent
students. The Chancellor of the
California Community Colleges
shall provide a report by
November 1 of each year, to the
Department of Finance and the
Legislative Analyst, on the
number of new centers and
colleges added for the current
fiscal year and those
anticipated to be added for the
prospective budget year. This
report shall also detail the
specific funding adjustments
provided for basic foundation
allocations to each college and
center for the current fiscal
year.
9. Notwithstanding any other
provision of law, funds
appropriated in Schedule (3) for
Growth for Apportionments shall
only be allocated for growth in
full-time equivalent students
(FTES), on a district-by-
district basis, as determined by
the Chancellor of the California
Community Colleges. The
chancellor shall not include any
FTES from concurrent enrollment
in physical education, dance,
recreation, study skills, and
personal development courses and
other courses in conflict with
existing law for the purpose of
calculating a district's three-
year overcap adjustment. The
Board of Governors of the
California Community Colleges
shall implement the criteria
required by subdivision (a) of
Provision 5 of Item 6870-101-
0001 of the Budget Act of
2003 (Ch. 157, Stats. 2003) for
the allocation of funds
appropriated in Schedules (1)
and (3), so as to ensure that
courses related to student needs
for transfer, basic skills, and
vocational/workforce training
are accorded the highest
priority and are provided to the
maximum extent possible within
budgeted funds.
10. The funds appropriated in
Schedule (4), Student Success
for Basic Skills Students, shall
be allocated as follows:
(a) $1, 600 344 ,000
for faculty and
staff development to
improve curriculum,
instruction, student
services, and program
practices in the areas of
basic skills and English
as a Second Language (ESL)
programs. The Office of
the Chancellor of the
California Community
Colleges shall select a
district, utilizing a
competitive process, to
carry out these faculty
and staff development
activities. All colleges
receiving funds pursuant
to subdivision (b) shall
be provided with the
opportunity to participate
in the faculty and staff
development programs
specified in this
subdivision. The
chancellor shall report on
the use of these funds by
the selected district to
the Legislative Analyst
and the Department of
Finance not later than
September 1, 2010.
(b) $31,500,000 for allocation
(b) $26,460,000for allocation
by the chancellor to
community college
districts for improving
outcomes of students who
enter college needing at
least one course in ESL or
basic skills, with
particular emphasis on
students transitioning
from high school.
(c) Funding specified in
subdivisions (a) and (b)
shall be distributed to
eligible applicants
pursuant to Chapter 489 of
the Statutes of 2007.
(d) The Office of the
Chancellor shall work
jointly with the
Department of Finance and
the Legislative Analyst to
develop annual
evaluate and refine, as
necessary, the annual
accountability measures
for this program. It is
the intent of the
Legislature that annual
performance accountability
measures for this program
utilize, to the extent
possible, data available
as part of the
accountability system
developed pursuant to
Section 84754.5 of the
Education Code. By
November 1, 2010, the
September 1, 2009, the
chancellor shall submit a
the first in a series of
report s to the Governor and
Legislature on the annual
and Legislature on basic
skills accountability measures
developed pursuant to this
process.
using system and college
level data.
11. (a) Of the funds appropriated
in Schedule (5) for
Student Financial Aid
Administration, not less
than $1 0,56 1,0 34,0 00
is
available to provide $0.91
per unit reimbursement to
community college
districts for the
provision of board of
governors (BOG) fee waiver
awards pursuant to
paragraph (2) of
subdivision (m) of Section
76300 of the Education
Code.
(b) Of the funds appropriated
in Schedule (5), not less
than $4, 642 850 ,000 is
available to provide
reimbursement of 2 percent
of total waiver value to
community college
districts for the
provision of BOG fee
waiver awards pursuant to
paragraph (2) of
subdivision (m) of Section
76300 of the Education
Code.
(c) Funding provided to
community college
districts in subdivisions
(a) and (b) of th is
provided to
provision is provided to
directly offset any
mandated costs claimed by
community college
districts pursuant to
Commission on State
Mandates Test Claims 99-TC-
13 (Enrollment Fee
Collection) and 00-TC-15
(Enrollment Fee Waivers).
(d) (1) Of the amount
appropriated in
Schedule (5),
$2,800,000 shall be
for a contract with
a community college
district to conduct
a statewide media
campaign to promote
the general message
to prospective
students as follows:
(A) the California
Community Colleges
(CCC) remain
affordable, (B)
financial aid and
tax credits are
available to cover
enrollment fees and
help with books and
other costs, and (C)
the active
encouragement of
contact between
pupils and local CCC
financial aid
offices. Any funds
used from this
source to produce
radio, television,
or mail campaigns
must emphasize the
availability of
financial aid, the
easiest and most
reliable method of
accessing the aid, a
contact telephone
number, an Internet
Web site address,
where applicable,
and the physical
location of a
financial aid
office. Any mail
campaign must give
priority to existing
pupils, recent high
school graduates,
and 12th graders.
The outreach and
information campaign
should target its
efforts in high
schools, welfare
offices,
unemployment
offices, churches,
community centers,
and any other
location that will
most effectively
reach low-income and
disadvantaged
students who must
overcome barriers in
accessing
postsecondary
education. The
community college
district awarded the
contract shall
consult with the
Chancellor of the
California Community
Colleges and the
Student Aid
Commission prior to
performing any
activities to ensure
appropriate
coordination with
any other state
efforts in this area
and ensure
compliance with this
provision.
(2) Of the amount
appropriated in
Schedule (5), not
more than
$34,200,000 shall be
for direct contact
with potential and
current financial
aid applicants. Each
CCC campus shall
receive a minimum
allocation of
$50,000. The
remainder of the
funding shall be
allocated to
campuses based upon
a formula reflecting
full-time equivalent
students (FTES)
weighted by a
measure of low-
income populations
as demonstrated by
BOG fee waiver
program
participation within
a district. It is
the intent of the
Legislature, to the
extent that funds
are provided in this
item, that all
campuses provide
additional staff
resources to
increase both
financial aid
participation and
student access to
low-income and
disadvantaged
students who must
overcome barriers in
accessing
postsecondary
education. Funds may
be used for
screening current
students for
possible financial
aid eligibility and
offering personal
assistance to these
students in
accessing financial
aid, providing
individual help in
multiple languages
for families and
students in filling
out the necessary
paperwork to apply
for financial aid,
and increasing
financial aid staff
to process
additional financial
aid forms.
(3) Funding provided to
community college
districts in
paragraph (2) of
S this s ubdivision
(d) (2)
of Provision 11 is
is provided to
provided to directly
offset any
offset any mandated costs
c osts c laimed by
community
co mmunity co llege
districts
districts pursuant to the
to the Commission on
State
State Mandates test
claim
test claim 02-TC-28 (Cal
Grants) and 02-TC-21
( Cal Gran Tui t
s). ion Fee
Waivers).
(4) Funds allocated to a
community college
district for
financial aid
personnel, outreach
determination of
financial need, and
delivery of student
financial aid
services shall
supplement, and
shall not supplant,
the level of funds
allocated for the
administration of
student financial
aid programs during
the 2001-02 fiscal
year or 2006-07 ,
whichever is greater.
(5) It is the intent of
the Legislature that
the Office of the
Chancellor of the
California Community
Colleges provide the
Legislature with a
report not later
than April 1, 2010,
on the use of the
funds allocated
pursuant to
paragraphs (1) and
(2) of this
subdivision (d),
including the
distribution of the
funds, specific uses
of the funds,
strategies employed
to reach low-income
and disadvantaged
students potentially
eligible for
financial aid, and
the extent to which
districts were
successful in
increasing the
number of students
accessing financial
aid, particularly
the maximum Pell
Grant award.
(6) It is the intent of
the Legislature that
the chancellor
report by May
15, 2010, in the
manner and using the
factors set forth in
paragraph (5) of
subdivision (c) of
Provision 11 of Item
6870-101-0001 of the
Budget Act of 2007,
on the impact of
outreach efforts on
student headcount
and FTES enrollment
for the 2006-07 and
2007-08 academic
years.
12. (a) The funds appropriated in
Schedule (6) for the
Disabled Students Program
are for assisting
districts in funding the
excess direct
instructional cost of
providing special support
services or instruction,
or both, to disabled
students enrolled at
community colleges, and
for state hospital
programs, as mandated by
federal law.
(b) Of the amount appropriated
in Schedule (6), no less
than $3, 945 166 ,000
shall be
used to address
deficiencies identified by
the federal Office of
Civil Rights (OCR), as
determined by the Office
of the Chancellor of the
California Community
Colleges.
(c) Of the amount appropriated
in Schedule (6), at least
$ 943 757 ,000 shall be
used for
support of the High Tech
Centers for activities
including, but not limited
to, training of district
employees, staff, and
students in the use of
specialized computer
equipment for the
disabled. All High Tech
Centers shall meet
standards developed by the
Office of the Chancellor.
Colleges that receive
these augmentations shall
not supplant existing
resources provided to the
centers.
(d) Notwithstanding any other
provision of law, of the
funds appropriated in
Schedule (6), $1, 246 000
,000
shall be for state
hospital adult education
programs at the hospitals
served by the Coast and
Kern Community College
Districts since the 1986-
87 fiscal year. If adult
education services at any
of the three hospitals are
not supported by the
community colleges in any
portion of the 2009-10
fiscal year, remaining
funds shall, upon order of
the Department of Finance,
after 30 days' notice to
the Chairperson of the
Joint Legislative Budget
Committee, be transferred
to the State Department of
Developmental Services
(DDS). For any transfer of
funds to DDS during the
2009-10 fiscal year, the
Proposition 98 base
funding levels for
community colleges and DDS
shall be adjusted
accordingly.
(e) Of the funds appropriated
in Schedule (6) for the
Disabled Student Services,
no less than $9,600,000
no less than $7,704,000
shall be allocated to
support high-cost sign
language interpreter
services and real-time
captioning equipment or
other communication
accommodations for hearing-
impaired students based on
a 4-to-1 state-to-local
district match.
13. The funds appropriated in
Schedule (7), Special Services
for CalWORKs Recipients, are for
the purpose of assisting welfare
recipient students and those in
transition off of welfare to
achieve long-term self-
sufficiency through coordinated
student services offered at
community colleges, including
workstudy, other educational
related work experience, job
placement services, child care
services, and coordination with
county welfare offices to
determine eligibility and
availability of services. All
services funded in Schedule (7)
shall be for current CalWORKs
recipients or prior CalWORKs
recipients who are in
transition off of cash
assistance for no more than two
years. Current cash-assistance
recipients may utilize these
services until their initial
educational objectives are met.
Former recipients in transition
off of cash assistance may
utilize these services for a
period of up to two years after
leaving cash assistance subject
to the conditions of this
provision. These funds shall be
used to supplement and not
supplant existing funds and
services provided for CalWORKs
recipients attending community
colleges. The Chancellor of the
California Community Colleges
shall develop an equitable
method for allocating funds to
all districts and colleges based
on the relative numbers of
CalWORKs recipients in
attendance and shall allocate
funds for the following purposes:
(a) Job placement.
(b) Coordination with county
welfare offices and other
local agencies, including
local workforce investment
boards.
(c) Curriculum development and
redesign.
(d) Child care and workstudy.
(e) Instruction.
(f) Postemployment skills
training and related
skills.
(g) Campus-based case
management, limited to on-
campus assistance and
services not provided by
county case workers that
do not supplant other
counseling and academic
support services funded
through existing
California Community
Colleges categorical
programs.
Of the amount appropriated in
Schedule (7), $1 5 2 ,
00 75 0,000 is for
child care and does not require
a district match. For the
remaining funds, districts
shall, as a condition of receipt
of these funds, provide a $1
match for every $1 provided by
the state.
Funds utilized for subsidized
child care shall be for children
of CalWORKs recipients through
campus-based centers or parental
choice vouchers at rates and
with rules consistent with those
applied to related programs
operated by the State Department
of Education in the 2009-10
fiscal year, including
eligibility, reimbursement
rates, and parental contribution
schedules. Subsidized campus
child care for CalWORKs
recipients may be provided
during the period they are
engaged in qualifying state and
federal work activities through
attainment of their initial
education and training plan and
for up to three months
thereafter or until the end of
the academic year, whichever
period of time is greater.
Funds utilized for workstudy
shall be used solely for
payments to employers that
currently participate in campus-
based workstudy programs or are
providing work experiences that
are directly related to and in
furtherance of student
educational programs and work
participation requirements,
provided that those payments may
not exceed 75 percent of the
wage for the workstudy
positions, and the employers
shall pay at least 25 percent of
the wage for the workstudy
positions. These funds may be
expended only if the total hours
of education, employment, and
workstudy for the student are
sufficient to meet both state
and federal minimum requirements
for qualifying work-related
activities.
Funds may be used to provide
credit or noncredit classes for
CalWORKs students if a district
has committed all of its funded
full-time equivalent students
(FTES) and is unable to offer
the additional instructional
services to meet the demand for
CalWORKs students. This
determination shall be based on
fall enrollment information.
Districts shall submit
applications to the Office of
the Chancellor by October 15 of
each year. If the chancellor
approves the use of funds for
direct instructional workload,
the Office of the Chancellor
shall submit a report to the
Department of Finance and the
Joint Legislative Budget
Committee by November 15, 2009,
that (a) identifies the
enrollment of new CalWORKs
students, (b) states whether and
why additional classes were
needed to accommodate the needs
of CalWORKs students, and (c)
sets forth an expenditure plan
for the balance of funds.
As a condition of receipt of the
funds appropriated in Schedule
(7), by the fourth week
following the end of the
semester or quarter term
commencing in January 2010, each
participating community college
shall submit to the Office of
the Chancellor a report, in the
format specified by the
chancellor in consultation with
the State Department of Social
Services, that includes, but is
not limited to, the funded
components, the number of hours
of child care provided, the
average monthly enrollment of
CalWORKs dependents served in
child care, the number of
workstudy hours provided, the
hourly salaries and type of
jobs, the number of students
being case managed, the short-
term programs available, the
student participation rates, and
other outcome data. It is
intended that, to the extent
practica b l e , reporting from
colleges utilize data gathered
for federal reporting
requirements at the state and
local level. Further, it is
intended that the Office of the
Chancellor compile the
information for annual reports
to the Legislature, the
Governor, the Legislative
Analyst, the Department of
Finance, and the State
Department of Social Services by
November 15 of each year.
First priority for expenditures
of any funds appropriated in
Schedule (7) shall be in support
of current CalWORKs recipients.
However, if caseloads are
insufficient to fully utilize
all of the funding in this
schedule in a cost-beneficial
way, it is intended that up to
$5,000,000 of the funds subject
to local matching requirements
may be allocated for providing
postemployment services to
former CalWORKs recipients who
have been off of cash assistance
for no longer than two years to
assist them in upgrading skills,
job retention, and advancement.
Allowable services include
direct instruction that cannot
be funded under available growth
funding, child care to support
attendance in these classes
consistent with this provision,
job development and placement
services, and career counseling
and assessment activities which
cannot be funded through other
programs. Child care services
may only be provided for periods
commensurate with a student's
need for postemployment training
within the two-year transitional
period.
Prior to allocation of funds for
postemployment services, the
chancellor shall first secure
the approval of the Department
of Finance for the allocations,
complete a cumulative report on
the outcomes, activities, and
cost-effectiveness of the
program no later than November
15, 2009, in compliance with the
Budget Acts of 1998 (Ch. 324,
Stats. 1998) and 1999 (Ch. 50,
Stats. 1999) and this act, and
shall provide the rationale and
justification for the proposed
allocation of postemployment
services to districts for
transitional students.
If a district is unable to fully
expend its share of child care
funds, it may request that the
Office of the Chancellor approve
a reallocation to other CalWORKs
purposes authorized by this
provision, subject to all
pertinent limitations and
district match required for
these purposes under this
provision.
Of the funds appropriated in
Schedule (7) for the Special
Services for CalWORKs Recipients
Program, no less than $ 8 6 ,
0 8 00,000
is to provide direct workstudy
wage reimbursement for students
served under this program, and
$ 1,00 85 0,000 is available
for campus
campus job development and
placement
placement services.
14. Funds appropriated in Schedule
(7) for the Special Services for
CalWORKs Recipients Program have
been budgeted to meet the
state's Temporary Assistance for
Needy Families maintenance-
of-effort requirement pursuant
to the federal Personal
Responsibility and Work
Opportunity Reconciliation Act
of 1996 (P.L. 104-193) and may
not be expended in any way that
would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
15. (a) Funds provided in Schedule
(8) for the Foster Care
Education Program shall be
allocated to provide
foster and
relative/kinship care
education and training.
Districts shall ensure
that education and
training required by
Sections 1529.1 and 1529.2
of the Health and Safety
Code and Section 16003 of
the Welfare and
Institutions Code receive
priority. Districts may
use any remaining funds
for additional parenting
skills training.
(b) Funds provided in Schedule
(8) shall be used for
foster parent and
relative/kinship care
provider education
training services
consistent with the
following criteria:
(1) The Chancellor of
the California
Community Colleges
shall use these
funds exclusively
for foster parent
and relative/kinship
care provider
education and
training, as
specified by the
chancellor in
consultation with an
advisory committee
that includes foster
parents,
representatives of
statewide foster
parent
organizations,
parent and
relative/kinship
care providers, and
representatives from
the State Department
of Social Services.
(2) Acceptance of funds
under this program
shall constitute
agreement by the
district to comply
with such reporting
requirements,
guidelines, and
other conditions for
receipt of funding
as the chancellor
may establish.
(3) Each college plan
for foster and
relative/kinship
care education
programs shall
include the
provision of
training to
facilitate the
development of
foster family homes,
small family homes,
and relative/kinship
homes to care for no
more than six
children who have
special mental,
emotional,
developmental, or
physical needs.
(4) The State Department
of Social Services
shall facilitate the
participation of
county welfare
departments in the
foster and
relative/kinship
care education
program.
16. (a) Funds appropriated in
Schedule (9) for the
Matriculation Program are
for the purpose of student
matriculation pursuant to
Article 1 (commencing with
Section 78210) of Chapter
2 of Part 48 of Division 7
of Title 3 of the
Education Code.
(b) Of the amount
appropriated in Schedule
(9), $ 20 13 ,0
00 17 ,000 shall be
allocated to community
college districts on a one-
to-one matching funds
basis to provide
matriculation services,
including, but not limited
to, orientation,
assessment, and
counseling, for students
enrolled in designated
noncredit classes and
programs who may benefit
most, as determined by the
Chancellor of the
California Community
Colleges pursuant to
Sections 78216 to 78218,
inclusive, of the
Education Code.
17. The funds in Schedule (13) for
the Part-time Faculty
Compensation Program shall be
allocated solely to increase
compensation for part-time
faculty from the amounts
previously authorized. Funds
shall be distributed to
districts based on the total
actual full-time equivalent
students served in the previous
fiscal year and include a small
district factor as determined by
the Chancellor of the California
Community Colleges. These funds
are to be used to assist
districts in making part-time
faculty salaries more comparable
to full-time salaries for
similar work, as determined
through each district's local
collective bargaining process.
These funds shall not supplant
the amount of resources each
district used to compensate part-
time faculty or be used to
exceed parity of each part-time
faculty employed by each
district with regular full-time
faculty at the same district, as
certified by the chancellor. If
a district achieves parity, its
allocation may be used for any
other educational purpose.
18. (a) $ 24, 19 ,63 7,
00 38 0 of the funds
provided in Schedule (15)
for the Telecommunications
and Technology Services
Program shall be for the
purpose of supporting
technical and application
innovations and for
coordination of activities
that serve to maximize the
utility of the technology
investments of the
community college system
towards improving learning
outcomes. Allocations
shall be made by the
Chancellor of the
California Community
Colleges, based on
criteria and guidelines as
developed by the
chancellor, on a
competitive basis through
the RFA/RFP application
process for the following
purposes:
(1) Provision of access
to statewide
multimedia hosting
and delivery
services for system
colleges and
districts.
(2) Provision of
systemwide Internet,
audio bridging, and
telephony.
(3) Technical assistance
and planning,
cooperative purchase
agreements, and
faculty and staff
development in a
manner consistent
with paragraph (3)
of subdivision (b)
of Provision 17 of
Item 6870-101-0001
of Section 2.00 of
the Budget Act of
1996 (Ch. 162,
Stats. 1996).
(4) Ongoing support for
the California
Virtual Campus
Distance Education
Program.
(5) Ongoing support for
programs designed to
use technology in
assisting
accreditation and
the alignment of
curricula across K-
20 segments in
California.
(6) Support for
technology pilots
and ongoing
technology programs
and applications
that serve to
maximize the utility
and economy of scale
of the technology
investments of the
community college
system towards
improving learning
outcomes.
In addition, a portion of the
funds provided in this
subdivision shall be available
for allocations to districts. It
is the intent of the Legislature
that these funds be used by
colleges to maintain the
technology capabilities
specified in subdivision (a) of
Provision 21 of Item 6870-101-
0001 of the Budget Act of 2003
(Ch. 157, Stats. 2003). These
funds shall not supplant
existing funds used for those
purposes, and colleges shall
match maintenance and ongoing
costs with other funds as
provided by Provision 21(a) of
Item 6870-101-0001 of the Budget
Act of 2003 (Ch. 157, Stats.
2003).
(b) The Office of the
Chancellor of the
California Community
Colleges shall develop the
reporting criteria for all
programs funded by this
item and shall submit that
for review along with an
annual progress report on
program implementation to
the Legislative Analyst,
the Office of the
Secretary for Education,
and the Department of
Finance no later than
December 1 of each year.
Reporting shall include
summaries of allocations
and expenditures by
program and by district,
where applicable.
(c) Of the funds provided in
Schedule (15), $ 2 1 ,
00 58 0,000
is for ongoing support and
expansion of the
California Partnership for
Achieving Student Success
(Cal-PASS) program. As a
condition of receipt of
these funds, the grantee
shall submit to the Office
of the Chancellor, by
October 15 of each year,
all of the following: (1)
a report that includes the
numbers and percentages of
institutions and school
districts that have signed
agreements and the number
and percentage that have
actively submitted data in
the current year and (2)
an annual financial audit,
as prescribed by the
chancellor, that includes
an accounting of all
funding sources and all
uses of funds by funding
source. The report and
audit also shall be
submitted to the
Legislative Analyst, the
Department of Finance, and
the appropriate budget
subcommittees. It is the
intent of the Legislature
that all reporting
requirements contained in
this subdivision shall be
completed using funds
provided to the grantee.
19. Of the funds provided in
Schedule (16) for the Economic
and Workforce Development
Program:
(a) $ 22 15 , 830
524 ,000 is allocated
for regional business
resources assistance and
innovation network
centers. Each allocation
to a district for Centers
for International
Development shall contain
sufficient funds, as
determined by the
Chancellor of the
California Community
Colleges, for the
continued operation of
Mexican International
Trade Centers.
(b) $ 7 5 , 822
319 ,000 is allocated
for industry-driven
regional education and
training collaboratives.
These allocations shall be
made on a competitive
basis and the amounts
shall not be restricted to
any predetermined limit,
but rather shall be funded
on their individual merits.
(c) $ 3 2 , 609
454 ,000 is allocated
for statewide network
leadership, organizational
development, coordination,
information and support
services, or other program
purposes.
(d) $ 4 3 , 529
080 ,000 is available
for Job Development
Incentive Training
programs focused on job
creation for public
assistance recipients.
Any annual savings from
this subdivision shall
only be available for
expenditure for one-time
activities listed under
subdivision (j) of Section
88531 of the Education
Code.
(e) $8,000,000 is allocated
(e) $5,440,200 is allocated
for the establishment of a
Responsive Incumbent
Worker Training Fund,
which will serve to expand
the delivery of
performance improvement
training to employers and
incumbent workers in high-
growth industries. Funds
shall also be used to
develop programs that
integrate basic skills and
career technical education
curriculum in ways that
provide students with
seamless educational
coursework that
transitions students into
high-tech and high-demand
job sectors.
(f) The following provisions
apply to the expenditure
of funds within
subdivisions (a) and (b):
Funds allocated for
centers and regional
collaboratives shall seek
to maximize the use of
state funds for
subdivisions (g) to (j),
inclusive, of Section
88531 of the Education
Code. Funds allocated to
districts for purposes of
subdivisions (g) and (i)
of Section 88531 of the
Education Code for
performance-based training
and student internships
shall be matched by a
minimum of $1 of private
business and industry
funding for each $1 of
state funds. Funds
allocated for purposes of
subdivision (h) of Section
88531 of the Education
Code for credit and
noncredit instruction may
be transferred to Schedule
(1) or (3) to facilitate
distribution at the
chancellor's discretion.
Any funds that become
available from network
centers due to savings,
discontinuance, or
reduction of amounts shall
first be made available
for additional allocations
in subdivision (b) to
increase the level of
subsidized training
otherwise available.
(g) Funds allocated by the
Board of Governors of the
California Community
Colleges under this
provision may not be used
by community college
districts to supplant
existing courses or
contract education
offerings. The chancellor
shall ensure that funds
are spent only for
expanded services and
shall implement
accountability reporting
for districts receiving
these funds to ensure that
training, credit, and
noncredit programs remain
relevant to business
needs. Programs that do
not demonstrate continued
relevance and support by
business shall not be
eligible for continued
funding. The board of
governors shall consider
the level of involvement
and financial commitments
of business and industry
as primary factors in
making awards. The
chancellor shall
incorporate project
requirements into the
guidelines for audits of
economic development
projects.
(h) Primary objectives of the
Economic and Workforce
Development Program are to
maximize instruction, to
prepare students for entry-
level jobs, to increase
skills of the current
workforce, and to
stimulate the growth of
businesses through
training so that more jobs
are created. As part of
the annual report on the
performance of the
Economic and Workforce
Development Program, the
chancellor shall provide
disaggregated data
detailing the funding
provided to each economic
development regional
center and each
industry-driven regional
education and training
collaborative, and to the
extent practicable, the
total number of hours of
contract education
services, performance
improvement training,
credit and noncredit
instruction, and job
placements created as a
result of each center and
collaborative.
20. (a) The funds appropriated in
Schedule (17) for the
Transfer Education and
Articulation Program are
available to support
transfer and articulation
projects and common course
numbering projects.
(b) Funding provided to
community college
districts from Schedule
(17) is provided to
directly offset any
mandated costs claimed by
community college
districts pursuant to
Chapter 737 of the
Statutes of 2004.
21. (a) $13,673,000 One-half of
the funds
appropriated in Schedule
(18) is are available for
the
following purposes:
(1) Scheduled
maintenance and
special repairs of
facilities. The
Chancellor of the
California Community
Colleges shall
allocate funds to
districts on the
basis of actual
reported full-time
equivalent students
(FTES), and may
establish a minimum
allocation per
district. As a
condition for
receiving and
expending these
funds for
maintenance or
special repairs, a
district shall
certify that it will
increase its
operations and
maintenance spending
from the 1995-96
fiscal year by the
amount it allocates
from this
appropriation for
maintenance and
special repairs,
plus an equal amount
to be provided from
district
discretionary funds.
The chancellor may
waive all or a
portion of the
matching requirement
based upon a review
of a district's
financial condition.
The question of
whether a district
has complied with
its resolution shall
be reviewed under
the annual audit of
that district. For
every $1 a district
expends from this
appropriation for
scheduled
maintenance and
special repairs,
the recipient
district shall
provide $1 in
matching funds.
(2) Hazardous substances
abatement, cleanup,
and repairs.
(3) Architectural
barrier removal
projects that meet
the requirements of
the federal
Americans with
Disabilities Act of
1990 (42 U.S.C. Sec.
12101 et seq.) and
seismic retrofit
projects limited to
$400,000. Districts
that receive funds
for architectural
barrier removal
projects shall
provide a $1 match
for every $1
provided by the
state.
(b) $13,672,000 One-half of
the funds
appropriated in Schedule
(18) is are available for
replacement of
instructional equipment
and library materials. For
every $3 a district
expends from this
appropriation for
replacement of
instructional equipment or
library materials, the
recipient district shall
provide $1 in matching
funds. The chancellor may
waive all or a portion of
the matching requirement
based upon a review of a
district's financial
condition. The funds
provided for instructional
equipment and library
materials shall not be
used for personal services
costs or operating
expenses. The chancellor
shall allocate funds to
districts on the basis of
actual reported FTES and
may establish a minimum
allocation per district.
The question of whether a
district has complied with
its resolution shall be
reviewed under the annual
audit of that district.
(c) The funds appropriated in
Schedule (18) shall be
available for expenditure
until June 30, 201 0 1 .
22. Of the funds appropriated in
Schedule (19) for Extended
Opportunity Programs and
Services, $106,786,000 is for
Services, $89,188,000 is for
Extended Opportunity Programs
and Services (EOPS) in
accordance with Article 8
(commencing with Section 69640)
of Chapter 2 of Part 42 of
Division 5 of Title 3 of the
Education Code. Funds provided
in this item for EOPS shall be
available to students on all
campuses within the California
Community College system,
including those students on new
campuses or in new districts. In
addition, $15,505,000 is for
addition, $12,949,400 is for
funding, at all colleges, the
Cooperative Agencies Resources
for Education (CARE) program in
accordance with Article 4
(commencing with Section 79150)
of Chapter 9 of Part 48 of
Division 7 of Title 3 of the
Education Code. The Board of
Governors of the California
Community Colleges shall
allocate funds on a priority
basis to local programs on the
basis of need for student
services.
23. Of the funds appropriated in
Schedule (19) for the Extended
Opportunity Programs and
Services, no less than
$6,900,000 shall be available to
support additional textbook
assistance grants to community
college students as an allowable
expenditure consistent with
paragraph (10) of subdivision
(b) of Section 69648 of the
Education Code. In addition,
these funds shall not supplant
the amount of resources used for
text book grants in 2001-02.
24. The funds appropriated in
Schedule (20) for the Fund for
Student Success is for
additional targeted student
services, to be expended as
follows:
(a) $1, 9 64 2 1
,000 is for the
Puente Project to support
up to 75 colleges. These
funds are available if
matched by $200,000 of
private funds and the
participating community
colleges and University of
California campuses
maintain their 1995-96
fiscal year support level
for the Puente Project.
All funding shall be
allocated directly to
participating districts in
accordance with their
participation agreement.
(b) Up to $2, 459 102 ,000 is
for
the Mathematics,
Engineering and Science
Achievement (MESA)
Program. For each dollar
allocated, the recipient
district shall provide $1
in matching funds.
(c) No less than $1, 77 51 8,
00 82 0 is
for the Middle College
High School Program. With
the exception of fully
compliant special part-
time students at the
community colleges
pursuant to Sections 48802
and 76001 of the Education
Code, student workload
based on participation in
the Middle College High
School Program shall not
be eligible for community
college state
apportionment. Further, no
community college state
apportionment shall be
made available for
physical education
classes, noncredit
classes, nor other courses
specified in Provision 8.
25. Pursuant to Sections 69648.5,
78216, and 84850, and
subdivision (b) of Section
87108, of the Education Code,
the Board of Governors of the
California Community Colleges
may allocate funds appropriated
in Schedules (6), (9), (11), and
(19) by grant or contract, or
through the apportionment
process, to one or more
districts for the purpose of
providing program evaluation,
accountability, monitoring, or
program development services, as
appropriate under the applicable
statute.
26. The funds appropriated in for
the
Schedule (21) for the Career
Career Technical Education
Technical Education Program are for
the purpose of
for the purpose of aligning
career-technical
career-technical education
education curriculum between K- 12 and
12 and community colleges in targeted
targeted industry-driven
industry-driven programs offered
through the
through the Economic and Workforce
Workforce Development Program. Prior
to
Prior to the allocation of these
funds,
funds, the Chancellor of the
California
C alifornia C ommunity Colleges, in
in conjunction with the State
Department of Education, shall
submit a proposed expenditure
plan for the funds contained in
this item, and the rationale
therefor, to the Department
of Finance by August 1, 2009,
for approval.
Of the funds appropriated in for
Schedule (21), $2,500,000 is
the Career Technical Education
Program, no more than $2,500,000
is available for the development
and enhancement of health-
related career pathway programs
in grades 7 to 12, inclusive,
and for the articulation and
alignment of health-related
curriculum between schools with
pupils in kindergarten and
grades 1 to 12, inclusive, and
the California Community
Colleges.
27. The funds appropriated in
Schedule (22) for the Campus
Child c C are Tax Bailout shall
be
allocated by the Chancellor of
the California Community
Colleges to community college
districts that levied child care
permissive override taxes in the
1977-78 fiscal year pursuant to
Sections 8329 and 8330 of the
Education Code in an amount
equ proportion al to the
property tax
revenues, tax relief
subventions, and state aid
required to be made available by
the district to its child care
and development program for the
1979-80 fiscal year pursuant to
Section 30 of Chapter 1035 of
the Statutes of 1979, increased
by any cost-of-living increases
granted in subsequent fiscal
years. These funds shall be used
only for the purpose of
community college child care and
development programs.
28. With regard to the funds
appropriated in Schedule (23),
Nursing Program Support, all of
the following shall apply:
(a) $1 4 1 , 00
76 0,000 shall be used
to provide support for
nursing program enrollment
and equipment needs
consistent with paragraph
(2) of subdivision (a) of
Section 2 of Chapter 514
of the Statutes of 2001.
Funding for nursing
enrollment shall provide a
marginal increase in
funding in addition to the
amount provided for each
full-time equivalent
student for regular growth
in apportionments.
(b) $8,100,000 shall be used
(b) $6,804,000 shall be used
to provide diagnostic and
support services, preentry
coursework, alternative
program delivery model
development, and other
services to reduce the
incidence of student
attrition in nursing
programs.
(c) Funds shall be allocated
according to the following
criteria:
(1) The degree to which
the funds provided
would be used to
increase student
enrollment in
nursing programs
beyond the level of
full-time equivalent
students served in
the 2008-09 academic
year.
(2) The district's level
of attrition from
nursing programs and
the suitability of
planned expenditures
to address attrition
levels.
(3) The degree to which
funds provided would
be used to support
infrastructure or
equipment needs with
the intent of
building capacity
and increasing the
number of nursing
students served.
(4) For districts with
attrition rates of
15 percent or more,
new funding shall
focus on attrition
reduction. For
districts with
attrition rates
below 15 percent,
new funding shall
focus on enrollment
expansion.
(d) On or before March 1 of
each year, the Chancellor
of the California
Community Colleges shall
provide the Legislature
and the Department of
Finance with a report on
the allocation of funding.
For each district
receiving funding under
this item, the report
shall include all of the
following: (1) the amount
of funding received, (2)
the number of nursing full-
time equivalent students
served in the 2006-07
academic year, and the
additional number of
nursing full-time
equivalent students served
with funding provided in
this item in each
subsequent year, (3) the
district's attrition and
completion rates in the
2006-07 academic year and
subsequent years, (4) any
equipment or
infrastructure-related
items acquired with the
funds appropriated in this
item, and (5) the number
of new and existing
faculty receiving annual
stipend awards.
29. Notwithstanding any other
provision of law, the Chancellor
of the California Community
Colleges may reduce community
college district base workload
measures to match available
funding under Schedule (1),
which reflects a base reduction
of $120,000,000, and local
revenues designated to support
community college district
general apportionments. It is
the intent of the Legislature
that community college
districts, to the greatest
extent possible, shall implement
any necessary workload
reductions in areas other than
basic skills, workforce
training, and transfer. On or
before March 1, 2010, the
chancellor shall provide the
Legislature and the Director of
Finance with a report on the
implementation of this provision.
30. Notwithstanding any other
provision of law, the Chancellor
of the California Community
Colleges shall allocate
categorical funds as specified
in legislation enacted in 2009.
Pursuant to the conditions
specified in that legislation,
districts may utilize funds
allocated from Schedules (2),
(9), (10), (11), (12), (13),
(14), (16), (17), (18), (21),
and (22) as further specified in
that legislation.
SEC. 464. Item 6870-103-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6870-103-0001--For local assistance, Board of
Governors of the California Community
Colleges (Proposition 98), to allow selected
community colleges to make required lease-
purchase payments............................. 66,829,000
Schedule:
(1) Rental and
administration......... 68,911,000
(2) Reimbursements......... -2,082,000
Provisions:
1. The Controller shall transfer funds
1. The funds
appropriated in this item for
base
are for transfer by the Controller
to Section B of the State
School Fund.
rental, fees, and insurance as and
when provided for in the schedule
submitted by the State Public Works
Board or the Department of Finance.
Notwithstanding the payment dates
in any related Facility Lease or
Indenture, the schedule may provide
for an earlier transfer of funds to
ensure debt requirements are met
and base rental payments are paid
in full when due.
2. The Controller shall transfer funds
appropriated in this item according
to a schedule to be provided by the
State Public Works Board. The
schedule shall be provided on a
monthly basis or as otherwise
needed to ensure debt requirements
are met.
3. This item may contain adjustments
pursuant to Section 4.30 that are
not currently reflected. Any
adjustments to this item shall be
reported to the Joint Legislative
Budget Committee pursuant to
Section 4.30.
SEC. 465. Item 6870-111-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6870-111-0001--For local assistance, Board of
Governors of the California Community Colleges....... 0
Schedule:
(1) 10.20-CalWORKs Services... 8,000,000
(2) 20.10.060-Foster Parent
Training.................. 6,112,000
(3) 20.30.030-Vocational
Education................. 56,741,000
76,287,000
(3.5)
20.30.034-Corrections
Training Program.......... 2,610,000
(4) 20.30.011-
Telecommunications and
Technology Infrastructure. 292,000
(5) 20.30.050-Economic
Development............... 1,340,000
10,540,000
(6) Reimbursements............ -75,095,000
-103,841,000
Provisions:
1. The funds appropriated in Schedules (1)
and (3) are for transfer by the
Controller to Section B of the State
School Fund.
2. The funds appropriated in Schedule
(1) are to fund additional fixed,
variable, and one-time costs for
providing support services and
instruction for CalWORKs students that
include, but are not limited to, job
placement and coordination, curriculum
development and redesign, child care and
workstudy, and instruction. As a
condition of receiving funding, colleges
are required to submit a plan to the
Office of the Chancellor of the
California Community Colleges describing
how the funds will be utilized, which
shall be based on collaboration with
county welfare offices regarding the
services and instruction that are needed
for CalWORKs recipients.
3. The funds appropriated in Schedule (3.5)
reflect an interagency agreement with the
Department of Corrections and
Rehabilitation to support the delivery of
staff training and instruction services
to the department's staff throughout
the state. These funds shall not be made
available to the community colleges until
30 days after the interagency agreement
is provided to the Legislature.
4. The funds appropriated in Schedule (4)
shall be used to support Phase 2 of the
CCCTran project.
5. T Of t he funds
appropriated in Schedule (5)
(5), $1,340,000 shall be used to
support an
an interagency agreement between the
Office
Office of the Chancellor of the
California
C alifornia C ommunity Colleges and the
Department
of
Department of Transportation for the
purpose of
p u r pose o f pro
viding assistance and
training in
training in business management practices
to small
to small and disadvantaged
businesses in an effort
an effort to increase their capacity
to be
be successful in bidding for state
transportation contracts.
6. The funds appropriated in Schedule (5)
reflect an increase of $3,200,000 to
support interagency agreements between
the Office of the Chancellor of the
California Community Colleges and the
Employment Development Department for the
following purposes:
(a) Offering bridging courses and
programs for licensed vocational
nurses, paramedics, or
independent duty corpsmen to
meet the requirements for taking
and successfully completing
examinations to become a
registered nurse.
(b) Expanding enrollments in allied
health occupation programs in
community colleges.
7. The funds appropriated in Schedule (5)
reflect an increase of $6,000,000 to
support interagency agreements between
the Office of the Chancellor of the
California Community Colleges and the
Employment Development Department for the
continued support of the Governor's
Nursing Initiative.
SEC. 466. Item 6870-295-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6870-295-0001--For local assistance, Board
of Governors of the California Community
Colleges (Proposition 98), for
reimbursement, in accordance with provisions
of Section 6 of Article XIII B of the
California Constitution or Section 17561 of
the Government Code, of the costs of any new
program or increased level of service of an
existing program mandated by statute or
executive order, for disbursement by the
Controller................................... 3,000
Schedule:
(1) 98.01.00 0 1 .184-Health Fees
(Ch. 1, Stats. 1984, 2nd
Ex. Sess.) (CSM-4206)...... 1,000
(2) 98.01.090.896-Sex
Offenders: Disclosure
Requirements (Ch. 908,
Stats. 1996) (CSM-97-
TC-15)..................... 1,000
(3) 98.01.028.498-Law
Enforcement Jurisdiction
Agreements (Ch. 284,
Stats. 1998) (CSM-98-TC-
20)........................ 1,000
Provisions:
1. Allocation of funds appropriated in
this item to the appropriate local
entities shall be made by the
Controller in accordance with
the provisions of each statute or
executive order that mandates the
reimbursement of the costs, and
shall be audited to verify the
actual amount of the mandated costs
in accordance with subdivision (d)
of Section 17561 of the Government
Code. Audit adjustments to prior-
year claims may be paid from this
item. Funds appropriated in this
item may be used to provide
reimbursement pursuant to Article 5
(commencing with Section 17615) of
Chapter 4 of Part 7 of Division 4 of
Title 2 of the Government Code.
2. If any of the scheduled amounts are
insufficient to provide full
reimbursement of costs, the
Controller may, upon notifying the
Director of Finance in writing,
augment those deficient amounts from
the unencumbered balance of any
other scheduled amounts therein. No
order may be issued pursuant to this
provision unless written
notification of the necessity
therefor is provided 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 his or her
designee.
SEC. 467. Item 6870-301-6028 of Section 2.00 of
the Budget Act of 2009 is repealed.
6870-301-6028--For capital outlay, Board of
Governors of the California Community
Colleges, to be allocated by the board of
governors to community college districts for
expenditure as set forth in the schedule
below, payable from the 2002 Higher Education
Capital Outlay Bond Fund...................... 12,387,000
Schedule:
San Diego Community College District
San Diego City College
(1) 40.47.103-Child
Development Center--
Preliminary plans and
working drawings....... 594,000
West Valley-Mission Community College
District
Districtwide
(2) 40.69.301-Fire Alarm
System Replacement--
Construction........... 11,793,000
SEC. 468. Item 6870-301-6041 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6870-301-6041--For capital outlay, Board of
Governors of the California Community
Colleges, to be allocated by the board of
governors to community college districts for
expenditure as set forth in the schedule
below, payable from the 2004 Higher Education 20,246,00
Capital Outlay Bond Fund...................... 0
7,031,000
Schedule:
Coast Community College District
Orange Coast College
(1) 40.11.313-Music Building
Modernization-- Preliminary
plans and working drawings.. 343,000
Los Rios Community College District
American River College
(2) 40.27.108-Life Science and
Fine Arts Modernization--
Preliminary plans and
working drawings............ 128,000
Santa Clarita Community College District
College of the Canyons
(3) 40.54.117-
Administration/Student
Services-- Preliminary
plans and working drawings.. 236,000
Siskiyou Joint Community College District
College of the Siskiyous
(4) 40.59.104-Science Complex
Modernization-- 13,215,00
Construction and equipment.. 0
State Center Community College District
Fresno City College
(5) 40.64.109-Old
Administration Building,
North and East Wings, Phase
III-- Preliminary plans and
working drawings............ 153,000
Ventura County Community College District
Ventura College
(6) 40.65.305-Buildings APP, S,
and DP Modernization--
Construction and equipment.. 5,294,000
Yuba Community College District
Yuba College
(7) 40.71.111-Building 1100
Learning Resource Center
Renovation-- Preliminary
plans and working
drawings.................... 877,000
SEC. 469. Item 6870-301-6049 of Section 2.00 of
the Budget Act of 2009 is amended to read:
6870-301-6049--For capital outlay, Board of
Governors of the California Community
Colleges, to be allocated by the board of
governors to community college districts
for expenditure as set forth in the
schedule below, payable from the 2006
California Community College Capital Outlay
Bond Fund................................... 155,809,000
204,082,000
Schedule:
Antelope Valley Community College
District
Antelope Valley College
(1) 40.03.115-Health and
Science Building--
Equipment............ 1,716,000
El Camino Community College District
El Camino College Compton Center
(2) 40.14.116-
Infrastructure
Replacement Phase 1-
- Construction....... 29,480,000
(3) 40.14.202-
Infrastructure
Replacement Phase 2-
- Preliminary plans
and working drawings. 1,040,000
Imperial Community College District
Imperial Valley College
(4) 40.21.105-Building
400 Modernization--
Preliminary plans
and working drawings. 209,000
Kern Community College District
Bakersfield College
(5) 40.22.112-Performing
Arts Modernization--
Preliminary plans
and working drawings. 1,637,000
Long Beach Community College District
Long Beach City College, Pacific Coast
Campus
(6) 40.25.117-Multi-
Disciplinary
Academic Building--
Construction and
equipment............ 15,793,000
Los Angeles Community College District
East Los Angeles College
(7) 40.26.107-Fine and
Performing Arts
Center-- Equipment... 2,824,000
Los Rios Community College District
Cosumnes River College
(8) 40.27.214-North East
Buildings
Modernization--
Preliminary plans
and working drawings. 178,000
Monterey Peninsula Community College
District
Monterey Peninsula College
(9) 40.32.107-Modernize
Humanities,
Business, and
Student Services
Buildings--
Preliminary plans
and working drawings. 403,000
Redwoods Community College District
College of the Redwoods
(10) 40.42.107-New
Science/Humanities
Building Seismic
Replacement-- Working
drawings and
C c onstruction.........
27,304,000
28,047,000
Riverside Community College District
Moreno Valley Center
(11) 40.44.208-Phase III
Student Academic
Services Building--
Preliminary plans
and working drawings. 437,000
South Orange County Community College
District
Irvine Valley College
(12) 40.45.131-Life
Sciences Building--
Construction and
equipment............ 16,111,000
Santa Barbara Community College District
Santa Barbara City College
(12.5) 40.53.122-High
Technology Center--
Construction and
equipment............ 22,522,000
Sequoias Community College District
College of the Sequoias
(13) 40.56.116-
Administration
Building Remodel for
Efficiency--
Preliminary plans
and working drawings. 603,000
Tulare Center
(14) 40.56.200-Phase I
Site Development
and Facilities--
Construction and
equipment............ 55,414,000
Siskiyou Joint Community College District
College of the Siskiyous
(14.5) 40.59.104-Science
Complex
Modernization-
-Construction and
equipment............ 13,215,000
Sonoma County Junior Community College
Santa Rosa Junior College
(15) 40.61.104-Health,
Physical Education
and Wellness Complex-
- Preliminary plans
and working drawings. 2,317,000
Chabot-L o a s Positas Community
College
District
Chabot College
(16) 40.62.116-Math-
Science
Modernization--
Preliminary plans
and working drawings. 163,000
Ventura County Community College District
Ventura College
(17) 40.65.308-Studio
Arts Building
Modernization--
Preliminary plans
and working drawings. 180,000
West Valley-Mission Community College
District
Districtwide
(18) 40.69.301-Fire Alarm
System Replacement-
-Construction........ 11,793,000
SEC. 470. Item 6870-490 is added to Section 2.00
of the Budget Act of 2009, to read:
6870-490--Reappropriation, Board of Governors of the
California Community Colleges. The balances of the
appropriations provided in the following citations are
reappropriated for the purposes and subject to the
limitations, unless otherwise specified, in those
appropriations:
0785--1988 Higher Education Capital Outlay Bond
Fund
(1) Item 6870-301-0785, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
Los Angeles Community College District
Los Angeles City College
(1) 40.26.209-Jefferson Hall
Modernization--Construction
and equipment
South Orange County Community College
District
Irvine Valley College
(2) 40.45.131-Life Sciences
Building--Working drawings
6028--2002 Higher Education Capital Outlay Bond
Fund
(1) Item 6870-301-6028, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
Desert Community College District
College of the Desert
(1) 40.10.113-Water and Sewer
Infrastructure Replacement-
-Construction
San Luis Obispo County Community College
District
Cuesta College
(4.5) 40.51.112-Theater Arts
Building--Equipment
6041--2004 Higher Education Capital Outlay Bond
Fund
(1) Item 6870-301-6041, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 6870-490, Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005), and Item 6870-491, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006), and
reverted by Item 6870-497, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006), and
reappropriated by Item 6870-490, Budget
Act of 2007 (Chs. 171 and 172, Stats.
2007) and Budget Act of 2008 (Chs. 268
and 269, Stats. 2008)
Los Angeles Community College District
Los Angeles Pierce College
(26) 40.26.505-Child Development
Center--Equipment
Copper Mountain Community College
District
Copper Mountain College
(76) 40.72.100-Multi-Use Sports
Complex--Equipment
+
(2) Item 6870-301-6041, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
reappropriated by Item 6870-491, Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006), and reverted by Item 6870-497,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007), and reappropriated by Item
6870-490, Budget Act of 2007 (Chs. 171
and 172, Stats. 2007) and Budget Act of
2008 (Chs. 268 and 269, Stats. 2008)
Los Angeles Community College District
Los Angeles Harbor College
(15) 40.26.304-Child Development
Center--Equipment
Rio Hondo Community College District
Rio Hondo College
(30) 40.43.108-Learning
Resource/High Technology
Center--Equipment
+
(3) Item 6870-301-6041, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
reappropriated by Item 6870-490, Budget
Act of 2007 (Chs. 171 and 172, Stats.
2007) and Budget Act of 2008 (Chs. 268
and 269, Stats. 2008)
Chaffey Community College District
Chaffey College
(1) 40.08.112-Health and Physical
Science Building Renovation-
-Construction
Citrus Community College District
Citrus College
(2) 40.09.123-Vocational
Technology Building--Equipment
Santa Barbara Community College District
Santa Barbara City College
(4) 40.53.123-Drama/Music Building
Modernization--Construction
and equipment
+
(4) Item 6870-303-6041, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
San Mateo County Community College
District
College of San Mateo
(1) 40.52.208-Demolition of
Seismic Hazardous Buildings-
-Construction
+
(5) Item 6870-301-6041, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
Cerritos Community College District
Cerritos College
(1) 40.07.121-Gymnasium Seismic
Retrofit--Construction
Siskiyou Joint Community College District
College of the Siskiyous
(3) 40.59.104-Science Complex
Modernization--Working drawings
West Valley-Mission Community College
District
Districtwide
(4) 40.69.301-Fire Alarm System
Replacement--Working drawings
6049--2006 California Community College Capital
Outlay Bond Fund
(1) Item 6870-303-6049, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
reappropriated by Item 6870-490, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008)
Butte-Glenn Community College District
Butte College
(1) 40.05.108-Instructional Arts
Building--Equipment
Citrus Community College District
Citrus College
(3) 40.09.126-Student Services
Building--Equipment
+
Grossmont-Cuyamaca Community College
District
Cuyamaca College
(4) 40.19.118-Business/CIS
Building--Construction and
equipment
Grossmont College
(5) 40.19.210-Health Sciences
Building--Construction and
equipment
Hartnell Community College District
Hartnell East Campus
(6) 40.20.103-Center for Applied
Technology--Equipment
Kern Community College District
Porterville College
(8) 40.22.307-Wellness Center-
-Equipment
Los Angeles Community College District
Los Angeles City College
(9) 40.26.208-Franklin Hall
Modernization--Equipment
Los Angeles Pierce College
(11) 40.26.510-Physical Education
Building Renovation--Equipment
Los Angeles Trade-Technical College
(12) 40.26.703-Renovate and
Modernize Building A--Equipment
Los Angeles Valley College
(13) 40.26.804-Child Development
Center--Equipment
Mt. San Antonio Community College
District
Mt. San Antonio College
(16) 40.33.116-Design and Online
Tech Center--Construction and
equipment
Napa Valley Community College District
Napa Valley College
(17) 40.35.104-Library/Learning
Resource Center--Construction
and equipment
North Orange County Community College
District
Cypress College
(18) 40.36.102-Humanities Building
1 Renovation--Construction
Fullerton College
(19) 40.36.203-South Science
Building Replacement-
-Construction
Rio Hondo Community College District
Rio Hondo College
(20) 40.43.109-Physical Education
Facilities--Construction and
equipment
State Center Community College District
Willow International Center
(27) 40.64.501-Academic Facilities,
Phase II--Equipment
Ventura County Community College District
Moorpark College
(28) 40.65.113-Health Science
Expansion/Replacement-
-Equipment
Oxnard College
(29) 40.65.207-OCTV Auditorium-
-Equipment
West Hills Community College District
West Hills College at Coalinga
(30) 40.67.104-Wellness Center-
-Construction and equipment
West Hills College at Lemoore
(31) 40.67.206-Multi-Use Sports
Complex--Construction and
equipment
West Kern Community College District
Taft College
(32) 40.68.104-Tech Arts
Modernization--Construction
Copper Mountain Community College
District
Copper Mountain College
(33) 40.72.101-Remodel for
Efficiency--Construction and
equipment
+
(2) Item 6870-301-6049, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
reverted by Item 6870-497, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008),
and reappropriated by Item 6870-490,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008)
Allan Hancock Community College District
Allan Hancock College
(1) 40.02.118-One-Stop Student
Services Center--Construction
and equipment
Contra Costa Community College District
Los Medanos College
(10) 40.13.316-Art Area Remodel-
-Construction
San Francisco Community College District
City College of San Francisco, Chinatown
Center
(36) 40.48.301-Campus Building-
-Construction
San Joaquin Delta Community College
District
San Joaquin Delta College
(37) 40.49.108-Goleman Learning
Resource Center Modernization-
-Construction and equipment
West Valley-Mission Community College
District
West Valley College
(51) 40.69.110-Science and Math
Building Renovation-
-Construction
+
(3) Item 6870-303-6049, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
Cabrillo Community College District
Cabrillo College
(1) 40.06.113-Visual Arts
Reconstruction (Building 300)-
-Working drawings,
construction, and equipment
Ohlone Community College District
Ohlone College
(2) 40.16.113-Below Grade Water
Intrusion Repair--Construction
+
Grossmont-Cuyamaca Community College
District
Cuyamaca College
(3) 40.19.119-LRC
Expansion/Remodel, Phase I-
-Working drawings,
construction, and equipment
Los Angeles Community College District
East Los Angeles College
(4) 40.26.109-Bailey Library
Modernization/Addition-
-Construction and equipment
Los Angeles Mission College
(5) 40.26.411-Media Arts Center-
-Construction and equipment
San Mateo County Community College
District
Canada College
(6) 40.52.105-Reconstruction of
Academic Facilities-
-Construction and equipment
West Kern Community College District
Taft College
(7) 40.68.105-TIL Center-
-Construction and equipment
+
(4) Item 6870-301-6049, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
Antelope Valley Community College
District
Antelope Valley College
(1) 40.03.115-Health and Science
Building--Construction
Barstow Community College District
Barstow College
(2) 40.04.105-Wellness Center-
-Construction and equipment
Chaffey Community College District
Ralph M. Lewis Fontana Center
(3) 40.08.201-Fontana Center Phase
III, Academic Building-
-Construction and equipment
Coast Community College District
Orange Coast College
(4) 40.11.312-Consumer and Science
Laboratory Building-
-Construction and equipment
El Camino Community College District
El Camino College
(5) 40.14.115-Social Science
Remodel for Efficiency-
-Construction and equipment
El Camino College Compton Center
(5.5) 40.14.116-Infrastructure
Replacement Phase I--Working
drawings
Los Angeles Community College District
Los Angeles Harbor College
(6) 40.26.305-Library/Learning
Resource Center--Construction
Los Angeles Trade-Technical College
(7) 40.26.705-Learning Assistance
Center Renovation-
-Construction and equipment
Los Rios Community College District
Sacramento City College
(10) 40.27.313-Performing Arts
Modernization--Construction
Mt. San Antonio Community College
District
Mt. San Antonio College
(11) 40.33.117-Administration
Building Remodel--Construction
and equipment
North Orange County Community College
District
Fullerton College
(12) 40.36.204-Technology and
Engineering Complex-
-Construction and equipment
Redwoods Community College District
College of the Redwoods
(14) 40.42.106-Student
Services/Administration and
Performing Arts Building-
-Construction
Riverside Community College District
Riverside City College
(16) 40.44.104-Nursing/Science
Building--Construction and
equipment
San Joaquin Delta Community College
District
San Joaquin Delta College
(18) 40.49.109-Cunningham
Math/Science Replacement-
-Construction
Santa Clarita Community College District
College of the Canyons
(20) 40.54.116-Library Addition-
-Construction and equipment
Santa Monica Community College District
Santa Monica College
(21) 40.55.110-Student Services and
Administration Building-
-Construction and equipment
Sierra Joint Community College District
Sierra College
(24) 40.58.108-Child Development
Center--Construction and
equipment
Sonoma County Junior College District
Santa Rosa Junior College
(25) 40.61.401-Public Safety
Training Center Advanced
Laboratory and Office Complex-
-Construction and equipment
West Hills Community College District
West Hills College, Coalinga
(26) 40.67.105-Agricultural Science
Facility--Construction and
equipment
Provisions:
1. Notwithstanding any other provision of
law, the reappropriations made in this
item shall be available for encumbrance
as follows:
(a) Preliminary plans and working
drawings until June 30, 2011.
(b) Construction and equipment
until June 30, 2013.
SEC. 471. Item 6870-491 is added to Section 2.00 of the
Budget Act of 2009, to read:
6870-491--Reappropriation, Board of Governors of the
California Community Colleges. Notwithstanding any
other provision of law, the period to liquidate
encumbrances of the following citations is extended
to June 30, 2011:
0574--1998 Higher Education Capital Outlay Bond
Fund
(1) Item 6870-301-0574, Budget Act of 2001
(Ch. 106, Stats. 2001), as amended by
Chapter 891 of the Statutes of 2001, and
as reappropriated by Item 6870-490,
Budget Act of 2002 (Ch. 379, Stats.
2002) and Budget Act of 2004 (Ch. 208,
Stats. 2004), and reverted by Item 6870-
497, Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006)
Compton Community College District
Compton College
(15) 40.12.107-Seismic
Replacement/Expansion LRC-
-Equipment
(16) 40.12.109-Child Development
Center--Equipment
6028--2002 Higher Education Capital Outlay Bond
Fund
(1) Item 6870-301-6028, Budget Act of 2003
(Ch. 157, Stats. 2003), as
reappropriated by Item 6870-490, Budget
Act of 2004 (Ch. 208, Stats. 2004) and
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005), and reverted by Item 6870-
497, Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006)
Grossmont-Cuyamaca Community College
District
Cuyamaca College
(23) 40.19.116-Science and
Technology Mall--Equipment
Lake Tahoe Community College District
Lake Tahoe College
(30) 40.23.111-Learning Resource
Center--Equipment
Santa Clarita Community College District
College of the Canyons
(69) 40.54.112-Classroom/High Tech
Center--Equipment
Ventura County Community College District
Moorpark College
(84) 40.65.109-Child Development
Center--Equipment
+
(2) Item 6870-301-6028, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 6870-490, Budget
Act of 2005 (Chs. 38 and 39, Stats. 2005)
Allan Hancock Joint Community College
District
Allan Hancock College
(1) 40.02.117-Skills Center
Replacement--Construction and
equipment
Foothill-De Anza Community College
District
Foothill College
(5) 40.15.211-Seismic Replacement-
Student Services--Equipment
North Orange County Community College
District
Cypress College
(11) 40.36.101-Piazza
Infrastructure Repair-
-Construction
+
(3) Item 6870-301-6028, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
San Bernardino Community College District
San Bernardino Valley College
(2) 40.46.215-North Hall Seismic
Replacement--Preliminary plans
and working drawings
(3) 40.46.216-North Hall/Media
Communications Seismic
Replacement--Preliminary plans
and working drawings
(4) 40.46.217-Chemistry and
Physical Science Seismic
Replacement--Preliminary plans
and working drawings
6041--2004 Higher Education Capital Outlay Bond
Fund
(1) Item 6870-301-6041, Budget Act of 2004
(Ch. 208, Stats. 2004), as
reappropriated by Item 6870-490, Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005) and Item 6870-491, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006), and
reverted by Item 6870-497, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006), and
reappropriated by Item 6870-490, Budget
Act of 2007 (Chs. 171 and 172, Stats.
2007), and reverted by Item 6870-497,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007), and reappropriated by Item
6870-490, Budget Act of 2008 (Chs. 268
and 269, Stats. 2008)
Allan Hancock Joint Community College
District
Allan Hancock College
(1) 40.02.114-Science Health
Occupations Complex-
-Construction and equipment
Contra Costa Community College District
Los Medanos College
(7) 40.13.314-Math, Science,
Technology Building--Equipment
Foothill-De Anza Community College
District
De Anza College
(9) 40.15.109-Chemistry Building
Conversion to Math Lab-
-Equipment
(11) 40.15.111-Kirsch Center for
Environmental Studies-
-Equipment
(13) 40.15.113-Science Center-
-Equipment
Foothill College
(14) 40.15.207-Life Sciences-
-Construction and equipment
+
Grossmont-Cuyamaca Community College
District
Cuyamaca College
(15) 40.19.117-Communication Arts
Building--Equipment
Grossmont College
(16) 40.19.208-New Digital Arts Lab-
-Equipment
Los Rios Community College District
Cosumnes River College
(29) 40.27.210-Science Building
Modernization--Construction
Merced Community College District
Merced College
(31) 40.30.116-Science Building
Remodel--Equipment
Riverside Community College District
Riverside City College
(40) 40.44.103-Quadrangle Building
Modernization--Construction
and equipment
Santa Barbara Community College District
Santa Barbara City College
(53) 40.53.122-High Technology
Center--Working drawings
Santa Clarita Community College District
College of the Canyons
(54) 40.54.113-Laboratory Expansion-
-Equipment
Chabot-Las Positas Community College
District
Las Positas College
(60) 40.62.216-Multi-Disciplinary
Education Building--Equipment
Southwestern Community College District
Otay Mesa Center
(62) 40.63.200-Phase I Buildings-
-Equipment
West Kern Community College District
Taft College
(70) 40.68.101-Child Development
Center--Equipment
Yuba Community College District
Yuba College
(74) 40.71.107-Engineering, Math,
and Science Remodel--Equipment
Woodland Center
(75) 40.71.307-Learning
Resources/Technology Center-
-Equipment
+
(2) Item 6870-301-6041, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
reappropriated by Item 6870-491, Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006), and reverted by Item 6870-497,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007), and reappropriated by Item
6870-490, Budget Act of 2007 (Chs. 171
and 172, Stats. 2007) and Budget Act of
2008 (Chs. 268 and 269, Stats. 2008)
Kern Community College District
Porterville College
(10) 40.22.306-Science
Modernization--Preliminary
plans, working drawings, and
construction
Los Rios Community College District
Sacramento City College
(19) 40.27.311-North Gym Building
Modernization--Construction
Palo Verde Community College District
Palo Verde College
(26) 40.37.104-Fine and Performing
Arts--Preliminary plans and
working drawings
Santa Clarita Community College District
College of the Canyons
(40) 40.54.114-Physical Education
Addition--Equipment
West Kern Community College District
Taft College
(49) 40.68.103-Science
Modernization--Construction
and equipment
6049--2006 California Community College Capital
Outlay Bond Fund
(1) Item 6870-301-6049, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
reappropriated by Item 6870-490, Budget
Act of 2007 (Chs. 171 and 172, Stats.
2007), and reverted by Item 6870-497,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008)
Allan Hancock Joint Community College
District
Allan Hancock College
(1) 40.02.118-One-Stop Student
Services Center--Working
drawings
Contra Costa Community College District
Los Medanos College
(5) 40.13.316-Art Area Remodel-
-Preliminary plans and working
drawings
Los Angeles Community College District
East Los Angeles College
(6) 40.26.108-Multi-Media
Classrooms--Working drawings
Los Rios Community College District
American River College
(7) 40.27.105-Fine Arts
Instructional Space Expansion-
-Working drawings
Cosumnes River College
(8) 40.27.212-Science Building
Instructional Expansion-
-Working drawings
Sacramento City College
(9) 40.27.312-Fine Arts Building
Modernization--Working drawings
Mt. San Jacinto Community College
District
Menifee Valley Center
(10) 40.34.213-General Classroom
Building--Working drawings
Palomar Community College District
Palomar College
(12) 40.38.114-Multi-Disciplinary
Building--Working drawings
South Orange County Community College
District
Saddleback College
(13) 40.45.217-Learning Resource
Center Renovation--Working
drawings
San Bernardino Community College District
Crafton Hills College
(14) 40.46.106-Learning
Resource/Technology Center-
-Working drawings
San Joaquin Delta Community College
District
San Joaquin Delta College
(17) 40.49.108-Goleman Learning
Resource Center Modernization-
-Preliminary plans and working
drawings
Sequoias Community College District
College of the Sequoias
(19) 40.56.115-Nursing and Allied
Health Center--Preliminary
plans and working drawings
West Valley-Mission Community College
District
West Valley College
(20) 40.69.110-Science and Math
Building Renovation-
-Preliminary plans and working
drawings
Feather River Community College District
Feather River College
(22) 40.73.105-Learning Resource
Center and Technology Building-
-Working drawings
SEC. 472. Item 6870-492 is added to Section 2.00 of the
Budget Act of 2009, to read:
6870-492--Reappropriation, California
Community Colleges, Proposition 98. The
following amounts are hereby reappropriated
for apportionments and shall be available for
encumbrance or expenditure until June 30,
2010, for the purpose of partially backfilling
a projected shortfall in local property tax
revenues from the 2009-10 fiscal year for
community colleges:
(1) $3,722,000 from Schedule (1) of Item
6870-101-0001 of the Budget Act of
2008 (Chs. 268 and 269, Stats. 2008)
(2) $997,000 from Schedule (3) of Item
6870-101-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006)
(3) $49,000 from Schedule (6) of Item 6870-
101-0001 of the Budget Act of 2003
(Ch. 157, Stats. 2003)
(4) $224,000 from Schedule (16) of Item
6870-101-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006)
SEC. 473. Item 6870-493 is added to Section 2.00 of the
Budget Act of 2009, to read:
6870-493--Reappropriation, Board of Governors
of the California Community Colleges. The
balances of the appropriations provided in the
following citations are reappropriated for the
purposes specified in Provision 1 and shall be
available for encumbrance or expenditure until
June 30, 2010:
(1) Item 6870-002-0890, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
Provisions:
1. The funds appropriated in this item
are available to support personnel and
operating expenses necessary for the
implementation of the community
college logistics program pursuant to
a grant from the United States
Department of Labor pursuant to Public
Law 105-220.
SEC. 474. Item 6870-497 is added to Section 2.00 of the
Budget Act of 2009, to read:
6870-497--Reversion, Board of Governors of the
California Community Colleges. As of June 30, 2009, the
balances specified below of the appropriations provided
for in the following citations shall revert to the
funds from which the appropriations were made:
0574--1998 Higher Education Capital Outlay Bond Fund
+
(1) Item 6870-301-0574, Budget Act of 2006 (Chs.
47 and 48, Stats. 2006), as reappropriated by
Item 6870-490, Budget Act of 2007 (Chs. 171
and 172, Stats. 2007)
Rio Hondo Community College District
Rio Hondo College
(2) 40.43.106-Applied
Technology Building
Reconstruction-
-Construction........... 1,467,000
+
6041--2004 Higher Education Capital Outlay Bond Fund
+
(1) Item 6870-301-6041, Budget Act of 2005 (Chs.
38 and 39, Stats. 2005)
State Center Community College District
Fresno City College
(43) 40.64.108-Student
Services Building
Remodel--Construction... 68,000
+
6049--2006 California Community College Capital
Outlay Bond Fund
(1) Item 6870-301-6049, Budget Act of 2006 (Chs.
47 and 48, Stats. 2006)
San Francisco Community College District
City College of San Francisco, Phelan Campus
(16) 40.48.110-Classroom/Lab
Complex for Theater,
Music, Visual, and
Media Arts--Preliminary
plans................... 727,000
(2) Item 6870-301-6049, Budget Act of 2007 (Chs.
171 and 172, Stats. 2007), as partially
reverted by Item 6870-497, and reappropriated
by Item 6870-490, Budget Act of 2008 (Chs.
268 and 269, Stats. 2008)
Los Rios Community College District
American River College
(20) 40.27.105-Fine Arts
Instructional Space
Expansion--Construction. 811,000
Cosumnes River College
(22) 40.27.212-Science
Building Instructional
Expansion--Construction. 1,558,000
Santa Barbara Community College District
Santa Barbara City College
(40) 40.53.122-High
Technology Center-
-Construction and
equipment............... 30,672,000
Shasta-Tehama-Trinity Joint Community College
District
Shasta College
(45) 40.57.103-Library
Addition--Construction.. 1,403,000
(3) Item 6870-301-6049, Budget Act of 2008 (Chs.
268 and 269, Stats. 2008)
Redwoods Community College District
College of the Redwoods
(15) 40.42.107-New
Science/Humanities
Building Seismic
Replacement--Working
drawings................ 1,110,000
(4) Item 6870-303-6049, Budget Act of 2006 (Chs.
47 and 48, Stats. 2006), as reappropriated by
Item 6870-490, Budget Act of 2008 (Chs. 268
and 269, Stats. 2008)
Hartnell Community College District
Hartnell East Campus
(6) 40.20.103-Center for
Applied Technology-
-Construction........... 676,000
Los Rios Community College District
Folsom Lake College
(14) 40.27.505-Physical
Education Space, Phase
I--Construction......... 1,278,000
Merced Community College District
Merced College
(15) 40.30.119-Allied Health
Center--Construction.... 3,217,000
Riverside Community College District
Norco Campus
(21) 40.44.308-Industrial
Technology Facility,
Phase III--Construction. 1,494,000
State Center Community College District
Willow International Center
(27) 40.64.501-Academic
Facilities, Phase II-
-Construction........... 622,000
SEC. 475. Item 7100-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
7100-001-0001--For support of Employment
Development Department, for payment to Item
7100-001-0870................................ 32,300,000
31,145,000
+
Provisions:
1. (a) Of the funds appropriated
in this item, $9,202,000 is
in this item, $8,047,000 is
to support the development
of the Automated Collection
Enhancement System (ACES).
These funds may not be used
for any other purpose or
for items outside the
approved project scope.
Changes in the project
scope must receive approval
using the established
administrative and
legislative reporting
requirements.
(b) The Director of Finance is
authorized to increase this
or
decrease this item to fund ACES
ACES implementation workload
workload upon receipt of a new
post-
new post- vendor procurement
special
s p ecial p roject report.
Notwithstanding any other
provision of law, any
augmentation under this
adjustment under this
provision shall 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. The ACES
procurement process for the
prime solution provider is
in accordance with Chapter
556 of the Statutes of
2005.
(c) The Department of Finance
shall report to the
Legislature the number of
positions to be
administratively
established for the
Employment Development
Department.
SEC. 476. Item 7100-001-0185 of Section 2.00 of
the Budget Act of 2009 is amended to read:
7100-001-0185--For support of Employment
Development Department, for payment to
Item 7100-001-0870, payable from the
Employment Development Department
Employment Development Contingent Fund.....
....................... 87,800,000
67,600,000
Provisions:
1. Funds appropriated in this
item are in lieu of the
amounts that otherwise would
have been appropriated for
administration pursuant to
Section 1586 of the
Unemployment Insurance Code.
2. The amount appropriated in
this item includes revenues
derived from the assessment of
fines and penalties imposed as
specified in Section 13332.18
of the Government Code.
3. Notwithstanding any other
provision of law and sections
of this act, the Director of
Employment Development may
augment this item to make
interest payments on an
Unemployment Fund loan secured
to pay Unemployment Insurance
(UI) benefits. The Employment
Development Department will
notify the Department of
Finance by September 1, 2009,
of a planned augmentation by
submitting an estimated
interest calculation for
review. The amount disbursed
under this augmentation is
limited to actual interest due
on an Unemployment Fund loan
secured to pay UI benefits.
Pursuant to Provision 1 of
Item 7100-011-0185, any amount
not disbursed for the purpose
specified above shall be
transferred to the General
Fund.
4. Of the funds appropriated in
this item, $21,000 is to
support the development of the
Automated Collection
Enhancement System. These
funds may not be used for any
other purpose or for items
outside the approved project
scope. Changes in the project
scope must receive approval
using the established
administrative and legislative
reporting requirements.
5. Subdivision (b) of Provision 1
of Item 7100-001-0001 also
applies to this item.
6. 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 by September 13,
2009.
SEC. 477. Item 7100-001-0514 of Section 2.00 of
the Budget Act of 2009 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................... 81,427,000
46,427,000
Provisions:
1. Upon order of the Director of
Finance, funds disencumbered
from Employment Training Fund
training contracts during the
2009-10 fiscal year that have
not reverted as of July 1,
2009, may be appropriated in
augmentation of this item.
2. Notwithstanding subparagraph
(B) of paragraph (2) of
subdivision (a) of Section
10206 of the Unemployment
Insurance Code, the Employment
Training Panel's
administrative costs may
exceed 15 percent of the
amount appropriated in this
item.
3. Of the funds appropriated in
this item, $21,000 is to
support the development of the
Automated Collection
Enhancement System. These
funds may not be used for any
other purpose or for items
outside the approved project
scope. Changes in the project
scope must receive approval
using the established
administrative and legislative
reporting requirements.
4. Subdivision (b) of Provision 1
of Item 7100-001-0001 also
applies to this item.
SEC. 478. Item 7100-001-0588 of Section 2.00 of the
Budget Act of 2009 is amended to read:
7100-001-0588--For support of Employment
Development Department, for payment to Item
7100-001-0870, payable from the
Unemployment Compensation Disability Fund... 239,558,000
235,240,000
Provisions:
1. The Employment Development
Department shall submit on
October 1, 2009, and April 20,
2010, to the Department of
Finance for its review and
approval, an estimate of
expenditures for both the
current and budget year,
including the assumptions and
calculations underlying
Employment Development
Department projections for
expenditures from this item. The
Department of Finance shall
approve, or modify, the
assumptions underlying all
estimates within 15 working days
of the due date. If the
Department of Finance does not
approve or modify in writing the
assumptions underlying all
estimates within 15 working days
of the due date, the Employment
Development Department shall
consider the assumptions and
calculations approved as
submitted. If the Department of
Finance determines that the
estimate of expenditures differs
from the amount appropriated by
this item, the Director of
Finance shall so report to the
Legislature. At the time the
report is made, the amount of
this appropriation shall be
adjusted by the difference
between this Budget Act
appropriation and the approved
estimate of the Department of
Finance. Revisions reported
pursuant to this provision are
not subject to Section 28.00.
2. Of the funds appropriated in
this item, $1,035,000 is to
support the development of the
Automated Collection Enhancement
System. These funds may not be
used for any other purpose or
for items outside the approved
project scope. Changes in the
project scope must receive
approval using the established
administrative and legislative
reporting requirements.
3. Subdivision (b) of Provision 1
of Item 7100-001-0001 also
applies to this item.
4. (a) Of the funds appropriated
in this item, $11,261,000
is to support the
development of the
Disability Insurance
Automation Project. These
funds may not be used for
any other purpose or for
items outside the
approved project scope.
Changes in the project
scope must receive
approval using the
established
administrative and
legislative reporting
requirements.
(b) The Director of Finance
is authorized to increase
or decrease this item to
fund Disability Insurance
Automation Project
implementation workload
upon receipt of a new
postvendor procurement
special project report.
Notwithstanding any other
provision of law, any
adjustment under this
provision shall 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.
(c) The Department of Finance
shall report to the
Legislature the number of
positions to be
administratively
established for the
Employment Development
Department.
SEC. 479. Item 7100-001-0869 of Section 2.00 of
the Budget Act of 2009 is amended to read:
7100-001-0869--For support of state
programs under the Workforce Investment
Act (WIA), Employment Development
Department, payable from the Consolidated
Work Program Fund......................... 152,297,000
232,396,000
Schedule:
(1) 61.35-WIA
Administration and
Program Services.... 19,995,000
35,186,000
(2) 61.40-WIA Growth
Industries.......... 7,309,000
5,700,000
(3) 61.50-WIA
Industries with a
Statewide Need...... 20,500,000
29,100,000
(4) 61.60-WIA Removing
Barriers for
Special Needs
Populations......... 12,929,000
64,338,000
(5) 61.70-WIA Rapid
Response Activities. 42,064,000
53,072,000
(5.5) 61.80-WIA Special
Grants.............. 4,500,000
(6) 62.10-National
Emergency Grant
Program............. 45,000,000
(7) Reimbursements...... -4,500,000
Provisions:
1. Provision 1 of Item 7100-001-
0588 also applies to Schedules
(1) and (5) of this item.
1.5. For Schedules (2), (3), and
(4), the Employment Development
Department (EDD) shall submit
on October 1, 2009, and April
20, 2010, to the Department of
Finance for its review and
approval an estimate of
expenditures for both the
current and prior budget fiscal
years, including the
assumptions and calculations
underlying the EDD's
projections for expenditures
from these schedules. To the
extent the EDD identifies
unspent or receives
unanticipated additional
federal WIA 15-percent
discretionary funds, the
Department of Finance may
increase expenditure authority
for Schedules (2) to (4),
inclusive, if the additional
funding is consistent with the
expenditure plan for WIA
discretionary funds in this
item and meets the four
requirements set forth in
subdivision (b) of Section
28.00. Any such augmentation
exceeding $250,000 may be
authorized not sooner than 30
days after written notification
is provided to the chairpersons
of the committees in each house
of the Legislature that
consider the State Budget, and
the Chairperson of the Joint
Legislative Budget Committee,
or not sooner than whatever
lesser time the Chairperson of
the Joint Legislative Budget
Committee, or his or her
designee, may in each instance
determine.
1.7. For Schedules (2), (3), and
(4), in the event that the
Employment Development
Department is notified of a
reduction in federal Workforce
Investment Act (WIA) 15-percent
discretionary funds, the
Department of Finance may
decrease expenditure authority
for Schedules (2) to (4),
inclusive. Any such decrease
that exceeds $250,000 may be
authorized not sooner than 30
days after notification in
writing is provided to the
chairpersons of the committees
in each house of the
Legislature that consider the
State Budget, and the
Chairperson of the Joint
Legislative Budget Committee,
or not sooner than whatever
lesser time the Chairperson of
the Joint Legislative Budget
Committee, or his or her
designee, may in each instance
determine.
2. The Secretary of Labor and
Workforce Development is
authorized to transfer up to
$500,000 of the funds
appropriated in this item to
the California Workforce
Investment Board, Federal Trust
Fund, Item 7120-001-0890, to
facilitate the implementation
and operation of the WIA
Program. Any transfer made
pursuant to this provision
shall be reported in writing to
the Department of Finance, the
chairpersons of the fiscal
committees of each house of the
Legislature, and the
Chairperson of the Joint
Legislative Budget Committee
within 30 days of the date of
the transfer.
3. Notwithstanding any other
provision of law, the Secretary
of Labor and Workforce
Development is authorized to
transfer funds between
categories (Schedules (1) to
(4), inclusive) as included in
the schedule to be used for
projects. Any transfer made
pursuant to this provision
shall be reported in writing to
the Department of Finance, the
chairpersons of the fiscal
committees of each house of the
Legislature, and the
Chairperson of the Joint
Legislative Budget Committee
within 30 days of the date of
the transfer.
SEC. 480. Item 7100-001-0870 of Section 2.00 of
the Budget Act of 2009 is amended to read:
7100-001-0870--For support of Employment
Development Department, payable from the
Unemployment Administration Fund-Federal.. 575,965,000
854,184,000
Schedule:
(1) 10-Employment and
Employment Related
Services............ 167,362,000
203,430,000
(2) 21-Tax Collections
and Benefit
Payments............ 717,449,000
900,256,000
(3) 22-California
Unemployment
Insurance Appeals
Board............... 91,199,000
124,870,000
(4) 30.01-General
Administration...... 54,388,000
(5) 30.02-Distributed
General
Administration...... -51,004,000
(6) 50-Employment
Training Panel...... 76,101,000
41,101,000
(7) Reimbursements...... -22,916,000
(8) Amount payable from
the General Fund
(Item 7100-001-
0001)............... -32,300,000
-31,145,000
(9) Amount payable from
the Employment
Development
Department Benefit
Audit Fund (Item
7100-001-0184)...... -14,558,000
(10) Amount payable from
the Employment
Development
Contingent Fund
(Item 7100-001-
0185)............... -87,800,000
-67,600,000
(11) Amount payable from
the Employment
Training Fund (Item
7100-001-0514)...... -81,427,000
-46,427,000
(12) Amount payable from
the Unemployment
Compensation
Disability Fund
(Item 7100-001-
0588)............... -239,558,000
-235,240,000
(13) Amount payable from
the School
Employees Fund
(Item 7100-001-
0908)............... -971,000
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.
SEC. 481. Item 7100-001-0871 is added to Section
2.00 of the Budget Act of 2009, to read:
7100-001-0871--For support of Employment
Development Department, for payment to Item
7100-001-0870, payable from the Unemployment
Fund-Federal................................... 0
Provisions:
1. The Director of Finance is authorized
to augment this item to fund
unemployment insurance modernization
projects through funds made available
from the American Recovery and
Reinvestment Act (P.L. 111-5). These
projects include, but are not be
limited to, implementation of an
Alternate Base Period and conversion
of the Single Client Database to a
relational database management system.
Notwithstanding any other provision of
law, any adjustment under this
provision shall 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, or
no sooner than any lesser time than
the chairperson of the joint committee
may in each instance determine.
SEC. 482. Item 7100-011-0185 of Section 2.00 of the
Budget Act of 2009 is amended to read:
7100-011-0185--For transfer by the
Controller from the Employment Development
Department Contingent Fund, to the General
Fund....................................... (489,000)
(20,689,000)
Provisions:
1. Notwithstanding any other
provision of law, the
Controller shall transfer to
the General Fund the
unencumbered balance, as
determined by the Director of
Finance, in the Employment
Development Department
Contingent Fund as of June 30,
2010.
SEC. 483. Item 7100-011-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
7100-011-0890--For support of Employment
Development Department, payable from the
Federal Trust Fund, for transfer to the
Unemployment Administration Fund--
Federal................................... (575,965,000)
(854,184,000)
SEC. 484. Item 7100-021-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
7100-021-0890--For support of Employment
Development Department, payable from the
Federal Trust Fund, for transfer to the
Consolidated Work Program Fund............ (152,297,000)
(232,396,000)
SEC. 485. Item 7100-101-0588 of Section 2.00 of
the Budget Act of 2009 is amended to read:
7100-101-0588--For local assistance,
Employment Development Department, for
Program 21-- Tax collections and benefit
payments, payable from the Unemployment
Compensation Disability Fund.............. 5,116,229,000
5,131,282,000
Provisions:
1. Provision 1 of Item 7100-001-
0588 also applies to this
item.
2. Funds appropriated in this
item are in lieu of the
amounts that otherwise would
have been appropriated
pursuant to Section 3012 of
the Unemployment Insurance
Code.
3. Apart from the estimate of
expenditures that the
Employment Development
Department provides to the
Department of Finance on
October 1 and April 20 of
each year, the Department of
Finance is authorized to
approve requests for
expenditure adjustments for
this item in those amounts
made necessary by changes in
either workload or payments,
any rule or regulation
adopted as a result of the
enactment of a federal or
state law, the adoption of a
federal regulation, or the
following of a court decision
during the 2009-10 fiscal
year that are within or in
excess of amounts
appropriated in this act for
that year. The Department of
Finance shall approve or
modify the request for change
in expenditures within seven
working days of receipt of
the request. If the
Department of Finance does
not approve or modify the
request, the Employment
Development Department shall
consider the assumptions and
calculations approved as
submitted. The Department of
Finance shall notify the
Legislature of any
modifications to expenditures
made pursuant to this
provision.
SEC. 486. Item 7100-101-0869 of Section 2.00 of
the Budget Act of 2009 is amended to read:
7100-101-0869--For local assistance under
Workforce Investment Act (WIA), Employment
Development Department, Program 61-WIA
Program, payable from the Consolidated
Work Program Fund.......................... 320,616,000
357,658,000
Provisions:
1. Provision 1 of Item 7100-001-
0588 also applies to this item.
SEC. 487. Item 7100-101-0871 of Section 2.00 of
the Budget Act of 2009 is amended to read:
7100-101-0871--For local assistance,
Employment Development Department, for
Program 21-- Tax collections and benefit
payments, payable from the Unemployment
Fund-- Federal............................ 7,816,107,000
30,153,102,000
+
Provisions:
1. Funds appropriated in this
item are in lieu of the
amounts that would have
otherwise been appropriated
pursuant to Section 1521 of
the Unemployment Insurance
Code.
2. Provision 1 of Item 7100-001-
0588 also applies to this
item.
3. Provision 3 of Item 7100-101-
0588 also applies to this
item.
SEC. 488. Item 7100-101-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
7100-101-0890--For local assistance,
Employment Development Department,
payable from the Federal Trust Fund, for
transfer to the Consolidated Work Program
Fund...................................... (320,616,000)
(357,658,000)
SEC. 489. Item 7100-101-0908 of Section 2.00 of
the Budget Act of 2009 is amended to read:
7100-101-0908--For local assistance,
Employment Development Department, for
Program 21-- Tax collections and benefit
payments, payable from the School
Employees Fund............................. 93,024,000
165,703,000
Provisions:
1. Provision 1 of Item 7100-001-
0588 also applies to this item.
2. Funds appropriated in this
item are in lieu of the
amounts that otherwise would
have been appropriated for
benefits pursuant to Section
822 of the Unemployment
Insurance Code.
3. Provision 3 of Item 7100-101-
0588 also applies to this item.
SEC. 490. Item 7100-111-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
7100-111-0890--For local
assistance, Employment Development
Department, payable from the
Federal Trust Fund, for transfer to
the Unemployment Fund-- Federal..... (7,816,107,000)
(30,153,102,000)
SEC. 491. Item 7120-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
7120-001-0890--For support of the California
Workforce Investment Board, payable from the
Federal Trust Fund........................... 3,030,000
3,320,000
Schedule:
(1) 10-California Workforce
Investment Program......... 3,280,000
3,570,000
(2) Reimbursements............. -250,000
Provisions:
1. The Secretary of the Labor and
Workforce
Workforce Development
Agency , with the approvals
of
the approvals of the California
Workforce
Investment
Workforce Investment Board and
Board and Department of Finance, and
not
and not sooner than 30 days after
notification to the Joint
Legislative Budget Committee, is
authorized to transfer funds
appropriated in this item to the
Employment Development Department,
Consolidated Work Program Fund, Item
7100-001-0869, to facilitate the
implementation and operation of the
Workforce Investment Act Program.
SEC. 492. Item 7350-001-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
7350-001-0001--For support of Department
of Industrial Relations.................... 66,894,000
26,794,000
Schedule:
(1) 10-Self-Insurance
Plans............... 3,858,000
3,818,000
(2) 20-
Mediation/Conciliati
on.................. 2,458,000
(3) 30-Division of
Workers'
Compensation........ 170,008,000
(4) 36-Commission on
Health and Safety
and Workers'
Compensation........ 3,341,000
(5) 40-Division of
Occupational Safety
and Health.......... 107,919,000
109,449,000
(6) 50-Division of
Labor Standards
Enforcement......... 50,402,000
51,685,000
(7) 60-Division of
Apprenticeship
Standards........... 13,064,000
(8) 70-Division of
Labor Statistics
and Research........ 3,685,000
(9) 80-Claims, Wages,
and Contingencies... 1,182,000
(10) 94.01-
Administration...... 34,942,000
(11) 94.02-Distributed
Administration...... -34,942,000
(13) Reimbursements...... -2,343,000
(14) Reimbursements for
Division of
Workers'
Compensation........ -1,558,000
(15) Amount payable from
the Farmworker
Remedial Account
(Item 7350-001-
0023)............... -102,000
(16) Amount payable from
the Cal-OSHA
Targeted Inspection
and Consultation
Fund (Item 7350-001-
0096)............... -9,785,000
(17) Amount payable from
the Workers'
Compensation
Managed Care Fund
(Item 7350-001-
0132)............... -359,000
(18) Amount payable from
the Industrial
Relations
Construction
Industry
Enforcement Fund
(Item 7350-001-
0216)............... -63,000
(19) Amount payable from
the Workers'
Compensation
Administration
Revolving Fund
(Item 7350-001-
0223)............... -170,925,000
(20) Amount payable from
the Asbestos
Consultant
Certification
Account (Item 7350-
001-0368)........... -368,000
(21) Amount payable from
the Asbestos
Training Approval
Account (Item 7350-
001-0369)........... -134,000
(22) Amount payable from
the Self-Insurance
Plans Fund (Item
7350-001-0396)...... -3,818,000
(23) Amount payable from
the Elevator Safety
Account (Item 7350-
001-0452)........... -21,283,000
(24) Amount payable from
the Pressure Vessel
Account (Item 7350-
001-0453)........... -5,335,000
(25) Amount payable from
the Garment
Manufacturers
Special Account
(Item 7350-001-
0481)............... -500,000
(26) Amount payable from
the Employment
Training Fund (Item
7350-001-0514)...... -3,287,000
(27) Amount payable from
the Uninsured
Employers' Account,
Uninsured Employers
Benefits Trust Fund
(Item 7350-001-
0571)............... -5,314,000
(28) Amount payable from
the Federal Trust
Fund (Item 7350-001-
0890)............... -29,619,000
(29) Amount payable from
the Industrial
Relations Unpaid
Wage Fund (Item
7350-001-0913)...... -3,587,000
(30) Amount payable from
the Industrial
Relations Unpaid
Wage Fund (Section
96.6 of the Labor
Code)............... -500,000
(31) Amount payable from
the Electrician
Certification Fund
(Item 7350-001-
3002)............... -2,698,000
(32) Amount payable
from the Garment
Industry
Regulations Fund
(Item 7350-001-
3004)............... -2,962,000
(33) Amount payable from
the Apprenticeship
Training
Contribution Fund
(Item 7350-001-
3022)............... -7,079,000
(34) Amount payable from
the Workers'
Occupational Safety
and Health
Education Fund
(Item 7350-001-
3030)............... -1,220,000
(35) Amount payable from
the Workers'
Compensation Return-
to-Work Fund (Item
7350-001-3031)...... -499,000
(36) Amount payable from
the Car Wash Worker
Restitution Fund
(Item 7350-001-
3071)............... -80,000
(37) Amount payable from
the Car Wash Worker
Fund (Item 7350-001-
3072)............... -202,000
(38) Amount payable from
the Occupational
Safety and Health
Fund (Item 7350-001-
3121)............... -15,403,000
-41,760,000
(39) Amount payable from
the State Public
Works Enforcement
Fund (Item 7350-001-
3150)............... -1,283,000
(40) Amount payable from
the Labor
Enforcement and
Compliance Fund
(Item 7350-001-
3152)............... -15,233,000
Provisions:
1. The Secretary of Labor and
Workforce Development shall
report to the Director of
Finance and the Joint
Legislative Budget Committee on
the progress of the Underground
Economy Enforcement Program and
shall provide justification for
its continuance by September 13,
2009.
SEC. 493. Item 7350-001-3121 of Section 2.00 of
the Budget Act of 2009 is amended to read:
7350-001-3121--For support of Department of
Industrial Relations, for payment to Item
7350-001-0001, payable from the Occupational 15,403,00
Safety and Health Fund ......................
41,760,0
0
0
Provisions:
1. Of the amount appropriated in
this item, $1,530,000 shall be
used to conduct a targeted
outreach campaign to reduce the
incidence of heat-related
illness in the California
workplace. Funds shall be
focused on direct outreach to
workers identified by the
Department of Industrial
Relations as most at risk of
suffering from heat-related
illness and their employers, in
order to educate them on how
best to prevent heat-related
illness, and to better inform
them of their rights and
responsibilities under the law.
None of these funds shall be
expended on television air
time, and no more than 50
percent of these funds may be
expended on the purchase of
radio air time or other media.
Any media utilized in this
outreach campaign shall
reference a toll-free hotline
number to file a complaint or
to receive information about
employee and employer rights
and responsibilities regarding
safety and health. The
department shall track the
amount and cost of any radio
air time purchased, number of
calls, actions taken, and
outcomes achieved and report to
the Legislature by April 1,
2010, with the intent that the
data collected will better
inform the design of future
outreach.
SEC. 494. Item 7350-001-3150 is added to Section
2.00 of the Budget Act of 2009, to read:
7350-001-3150--For support of Department
of Industrial Relations, for payment to
Item 7350-001-0001, payable from the
State Public Works Enforcement Fund....... 1,283,000
SEC. 495. Item 7350-001-3152 is added to Section 2.00
of the Budget Act of 2009, to read:
7350-001-3152--For support of Department
of Industrial Relations, for payment to
Item 7350-001-0001, payable from the
Labor Enforcement and Compliance Fund..... 15,233,000
SEC. 496. Item 7350-011-0001 is added to Section 2.00
of the Budget Act of 2009, to read:
7350-011-0001--For transfer by the
Controller to the State Public Works (1,283,00
Enforcement Fund............................. 0)
Provisions:
1. The amount transferred in this
item is a loan to the State
Public Works Enforcement Fund.
This loan shall be repaid no
later than June 30, 2012, with
interest calculated at the rate
earned by the Pooled Money
Investment Account at the time
of transfer.
SEC. 497. Item 7350-012-0001 is added to Section 2.00
of the Budget Act of 2009, to read:
7350-012-0001--For transfer by the
Controller to the Occupational Safety and
Health Fund................................ (14,506,000)
Provisions:
1. The amount transferred in this
item is a loan to the
Occupational Safety and Health
Fund. This loan shall be
repaid no later than June 30,
2010.
SEC. 498. Item 7980-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
7980-001-0001--For support of Student Aid
Commission.................................. 12,623,000
Schedule:
(1) 15-Financial Aid
Grants Program........ 13,049,000
(1.5) 50-California Loan
Program............... 514,000
(2) 80.01-Administration
and Support Services.. 3,376,000
(3) 80.02-Distributed
Administration and
Support Services...... -3,376,000
(4) Reimbursements........ -296,000
(4.5) Amount payable from
the Student Loan
Operating Fund (Item
7980-001-0784)........ -514,000
(5) Amount payable from
the Federal Trust
Fund (Item 7980-001-
0890)................. -130,000
Provisions:
1. The funds appropriated in this
item are available only for the
Student Aid Commission's state
operations activities.
2. Of the funds appropriated in
Schedule (1), up to $369,000 is
available for expenditure to
support enhancement of the
Student Aid Commission's Grant
Delivery System.
3. Of the funds appropriated in
Schedule (1), $850,000 is only
available for the support of 7.0
auditor positions and 1.0 audit
supervisor position for the
purpose of conducting program
compliance reviews for
institutions participating in the
Cal Grant Program under Chapter
1.7 (commencing with Section
69430) of Part 42 of Division 5
of Title 3 of the Education Code
and the Assumption Program of
Loans for Education under Article
5 (commencing with Section 69612)
of Chapter 2 of Part 42 of
Division 5 of Title 3 of the
Education Code, with the
Education Code, and other
specialized grant programs as
deemed necessary by the Student
Aid Commission, with the
objective of auditing higher risk
institutions once every three
years. The audits shall emphasize
verification of applicant
eligibility, fund disbursement,
and payment reconciliation. The
Student Aid Commission shall
commission shall prioritize its review
of
review of institutions that have
demonstrated noncompliance in
prior audits. The commission may
also conduct compliance reviews
of the California Student
Opportunity and Access Program
under Article 4 (commencing with
Section 69560) of Chapter 2 of
Part 42 of Division 5 of Title 3
of the Education Code. The
commission shall report to the
Legislature
and the Governorby September 30,
2009, on the institutions
Legislature and the Department of
Finance by September 30, 2009, on
the institutions audited in the
2007-08 and 2008-09 fiscal years,
audited, the rate of
noncompliance
with
noncompliance with each major
program
requirement,
program requirement, and the
the amount of funding that was
not expended in compliance with
applicable requirements, the
amount of funding repaid due to
noncompliance, and the steps
steps taken to address
noncompliance.
noncompliance.
4. (a) This item reflects
$514,000 payable from the
Student Loan Operating
Fund for the purpose of
funding, on a limited-
term basis, 6.0 positions
in the Federal Policy and
Programs Division. Those
positions shall be
continued until a sale or
other authorized
transaction is completed
pursuant to Chapter 182
of the Statutes of 2007,
which is anticipated to
occur in the 2010-11
fiscal year.
SEC. 499. Item 7980-101-0784 is added to Section
2.00 of the Budget Act of 2009, to read:
7980-101-0784--For local assistance,
Student Aid Commission, Cal Grant
Program, for payment to Item 7980-101-
0001, payable from the Student Loan
Operating Fund............................ 32,000,000
SEC. 500. Item 7980-490 is added to Section 2.00 of the
Budget Act of 2009, to read:
7980-490--Reappropriation, Student Aid
Commission. The balances of the appropriations
provided in the following citations are
reappropriated for the purposes specified in
Provision 1 and shall be available for
encumbrance or expenditure until June 30, 2010:
(1) Item 7980-001-0001, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
reappropriated by Item 7980-490,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008)
Provisions:
1. The funds reappropriated in this item
are available for any expenses that
may be necessary or convenient to
further the intent of the sale or
other authorized transaction of EdFund
pursuant to Chapter 182 of the
Statutes of 2007. These funds shall
not be expended unless first approved
by the Department of Finance.
SEC. 501. Item 8260-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
8260-001-0001--For support of California Arts
Council....................................... 1,116,000
Schedule:
(1) 90-California Arts
Council................ 3,222,000
3,247,000
(2) Reimbursements......... -197,000
(3) Amount payable from
the Graphic Design
License Plate Account
(Item 8260-001-
0078).................. -874,000
(4) Amount payable from
the Federal Trust Fund
(Item 8260-001-0890)... -1,035,000
-1,060,000
SEC. 502. Item 8260-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
8260-001-0890--For support of California
Arts Council, for payment to Item 8260-
001-0001, payable from the Federal Trust
Fund...................................... 1,035,000
1,060,000
SEC. 503. Item 8260-101-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
8260-101-0890--For local assistance,
California Arts Council, payable from the
Federal Trust Fund........................ 100,000
578,000
SEC. 504. Item 8380-001-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
8380-001-0001--For support of Department of
Personnel Administration...................... 6,645,000
Schedule:
(1) 30-Personnel
Management............. 17,613,000
18,131,000
(2) 40.01-Administration... 4,416,000
(3) 40.02-Distributed
Administration......... -4,416,000
(4) 54-Benefits
Administration......... 36,964,000
(5) Reimbursements......... -19,106,000
-19,624,000
(6) Amount payable from
the Flexelect Benefit
Fund (Item 8380-001-
0821).................. -1,266,000
(7) Amount payable from
the Deferred
Compensation Plan Fund
(Item 8380-001-0915)... -15,144,000
(8) Amount payable from
the Vision Care
Program for State
Annuitants Fund (Item
8380-001-8049)......... -8,784,000
(9) Amount payable from
the Central Service
Cost Recovery Fund
(Item 8380-001-9740)... -3,632,000
Provisions:
1. The Department of Personnel
Administration may use funds
appropriated in this item to
complete comprehensive salary
surveys that include private and
public employers, geographical
data, and total compensation. The
department shall provide to the
appropriate fiscal and policy
committees of each house of the
Legislature and the Legislative
Analyst, within 30 days of
completion, each completed salary
survey report.
2. Of the funds appropriated in this
item, $350,000 may be spent by the
Department of Personnel
Administration to contract with one
or more recruitment contractors to
locate and develop a pool of
prospective health care
professionals for various state
departments that employ medical,
mental health, or dental
professionals. It is the intent of
the Legislature that these
contracts will be structured on a
performance basis with payments
tied to the successful hiring of
state staff. Should the Director of
Finance, upon receiving a
recommendation o f rom the
Director of
the Department of Personnel
Administration, determine that it
would be in the interests of the
state to expand the dollar amount
committed to this project, he or
she may submit to the Chairperson
of the Joint Legislative Budget
Committee and the Legislative
Analyst a report describing the
number of individuals who have been
successfully hired to permanent
positions in affected departments
as a result of the recruitment
contractors' work to date and the
anticipated benefits (including
funds that affected departments
would revert to the State Treasury
due to decreased overtime and
contracted personnel costs) that
would result from an expansion
of the funds committed to this
project. Not less than 30 days
after submitting the report
described above, the Director of
Finance may augment this item by an
amount not exceeding $1,500,000 in
order to increase health care
personnel recruitment efforts.
3. The Department of General Services,
with the consent of the Department
of Personnel Administration and the
State Personnel Board, may enter
into a lease, lease-purchase
agreement, or lease with an option
to purchase for a build-to-suit
facility for the co - location of the
Department of Personnel
Administration and the State
Personnel Board in the Sacramento
area, subject to Department of
Finance approval of the terms and
conditions of the agreement. At
least 30 days prior to entering
into any agreement, the Department
of General Services shall notify
the chairpersons of the committees
in each house of the Legislature
that consider appropriations and
the Joint Legislative Budget
Committee of the terms and
conditions of the agreement. If the
Joint Legislative Budget Committee
does not express any opposition,
the Department of General Services
may proceed with the agreement
after 30 days from when the
Department of General Services gave
notice to the chairpersons.
SEC. 505. Item 8380-004-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
8380-004-0001--For support of Department of 15,734,00
Personnel Administration..................... 0
1,088,000
Schedule:
(1) 54-Benefits Administration. 15,734,00
1,088,00 0
Provisions:
1. The funds appropriated in this item
are available for expenditure until
January 1, 2012 per Section 22877 of
January 1, 2012, pursuant to Section
22877 of the Government Code.
2. No funds appropriated in this item
or in any other item of this act may
be used or expended to fund the
Rural Health Care Equity Program
described in Section 22877 of the
Government Code, except that funds
may be used or expended to fund the
Rural Health Care Equity Program for
members of State Bargaining Unit 5.
This provision implements the
Legislature's decision, consistent
with subdivision (b) of Section
3517.6 of, and Sections 3517.61 and
3517.7 of, the Government Code, and
other applicable provisions of law,
not to approve the expenditure of
funds for the Rural Health Care
Equity Program for any state
employees other than those employees
in State Bargaining Unit 5.
SEC. 506. Item 8550-001-0191 of Section 2.00 of
the Budget Act of 2009 is repealed.
8550-001-0191--For support of California
Horse Racing Board, payable from the Fair and
Exposition Fund............................... 10,418,000
Schedule:
(1) 10-California Horse
Racing Board........... 11,833,000
(2) Amount payable from
the Racetrack Security
Account, Special
Deposit Fund (Item
8550-001-0942)......... -1,415,000
SEC. 507. Item 8550-001-0942 of Section 2.00 of
the Budget Act of 2009 is repealed.
8550-001-0942--For support of California
Horse Racing Board, for payment to Item
8550-001-0191, payable from the Racetrack
Security Account, Special Deposit Fund.... 1,415,000
SEC. 508. Item 8550-001-3153 is added to Section
2.00 of the Budget Act of 2009, to read:
8550-001-3153--For support of California
Horse Racing Board, payable from the Horse
Racing Fund.................................. 11,833,000
Schedule:
(1) 10-California Horse
Racing Board.......... 11,833,000
Provisions:
1. Pursuant to Section 19616.51 of
the Business and Professions
Code, all racing associations and
fairs including all breeds of
racing shall remit a license fee
to the California Horse Racing
Board to be deposited in the
Horse Racing Fund, which is
hereby established. For the 2009-
10 fiscal year, each racing
association and fair shall pay a
proportionate share of
$11,833,000 in the form of a
license fee in accordance with a
formula developed by the board.
SEC. 509. Item 8550-011-0942 of Section 2.00 of the
Budget Act of 2009 is repealed.
8550-011-0942--Notwithstanding paragraph
(1) of subdivision (b) of Section 19641
of the Business and Professions Code,
there is hereby transferred to the
General Fund the unencumbered balance of
the Racetrack Security Account, Special
Deposit Fund, as of June 30, 2010......... (300,000)
SEC. 510. Item 8550-011-3153 is added to Section
2.00 of the Budget Act of 2009, to read:
8550-011-3153--Notwithstanding any other
provision of law, but subject to Section
19641 of the Business and Professions
Code, any redistributable money in a
parimutuel pool on races conducted prior
to July 1, 2009, subject to payment to a
claimant, but not successfully claimed
within the claiming period, that is paid
to the California Horse Racing Board
pursuant to Section 19641 of the Business
and Professions Code shall be deposited
into the Horse Racing Fund for the 2009-
10 fiscal year, the first $300,000 of
which shall be transferred to the General
Fund ..................................... (300,000)
SEC. 511. Item 8570-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
8570-001-0001--For support of Department
of Food and Agriculture.................... 80,810,000
Schedule:
(1) 11-Agricultural
Plant and Animal
Health; Pest
Prevention; Food
Safety Services..... 116,049,000
117,049,000
(2) 21-Marketing,
Commodities, and
Agricultural
Services............ 15,685,000
(3) 31-Assistance to
Fairs and County
Agricultural
Activities.......... 3,239,000
(4) 41.01-Executive,
Management, and
Administrative
Services............ 19,151,000
(5) 41.02-Distributed
Executive,
Management, and
Administrative
Services............ -17,987,000
(6) 51-General
Agricultural
Activities.......... 26,814,000
(7) Reimbursements...... -9,350,000
(8) Amount payable from
the Motor Vehicle
Account, State
Transportation Fund
(Item 8570-001-
0044)............... -6,218,000
(9) Amount payable from
the Department of
Agriculture
Account, Department
of Food and
of Agriculture Fund
(Item 8570-001-
0111)............... -15,954,000
(10) Amount payable from
the Fair and
Exposition Fund
(Item 8570-001-
0191)............... -3,916,000
(11) Amount payable from
the Harbors and
Watercraft
Revolving Fund
(Item 8570-001-
0516)............... -3,508,000
(12) Amount payable from
the Department of
the Agriculture
Building Fund (Item
8570-001-0601)...... -3,369,000
(13) Amount payable from
the Federal Trust
Fund (Item 8570-001-
0890)............... -38,799,000
-39,799,000
(14) Amount payable from
the Antiterrorism
Fund (Item 8570-001-
3034)............... -547,000
(15) Amount payable from
the Satellite
Wagering Account
(Item 8570-012-
0192)............... -480,000
Provisions:
1. The Secretary of Food and
Agriculture shall furnish annual
reports on all expenditures from
all fund sources for emergency
detection and eradication
activities relating to
agricultural plant or animal
pests or diseases as defined by
(a) no other program funds are
available to be used to detect
or eradicate such pest or
disease ; and (b) the pest or
disease is not considered
established in California and
the pest or disease infests or
infects plants or animals of
commercial or noncommercial
agriculture, ornamental
horticultural, or habitat of
significance, to the Director of
Finance and the Chairperson of
the Joint Legislative Budget
Committee. The report shall
specify the amount expended by
funding source, the
activities performed, the pest
or disease, the location where
the pest was detected, the
location where the eradication
efforts were performed, and the
animal or plant affected for
each emergency detection or
eradication.
2. Notwithstanding any other
provision of law, $1,500,000 of
the amount appropriated in
Schedule (1) shall be made
available for use by the
Department of Food and
Agriculture for the Weed
Management Area Program.
3. On or before January 10, 2011,
the Department of Food and
Agriculture shall submit to the
office of the State Chief
Information Officer and the
Joint Legislative Budget
Committee, a report identifying
the workload levels for
positions supporting the
information technology projects
that are part of the Emerging
Threats budget augmentation.
4. Notwithstanding any other
provision of law, $343,415 of
the funds appropriated in this
item shall be made available for
the implementation of the Global
Warming Solutions Act of 2006 .
(Ch. 488, Stats. 2006). Funding made
available in
this
made available in this provision
provision to implement the act
shall not
shall not result in a reduction of
funding
of funding for county
agricultural
agricultural commissioners.
Of the amounts appropriated in
this sect i on
tem to implement the
Global Warming Solutions Act of
2006, expenditures shall only be
used to develop improved
greenhouse gas emission
reduction methods that are the
maximum technology feasible and
cost-effective while maintaining
a viable food production system.
Such methods shall be
demonstrated as part of an
agricultural system and may
include, but are not limited to,
energy efficiency improvements,
manure management, animal
husbandry practices, methane
capture, conservation tillage
practices, agricultural biomass
recycling and reuse, water
conservation and improved
irrigation efficiency, increase
integrated pest management
activities, and improved
cropping system.
SEC. 512. Item 8570-001-0111 of Section 2.00 of
the Budget Act of 2009 is amended to read:
8570-001-0111--For support of Department
of Food and Agriculture, for payment to
Item 8570-001-0001, payable from the
Department of Agriculture Account,
Department of Food and Agriculture Fund....
.........
15,954,000
Provisions:
1. The amount appropriated in
this item includes revenues
derived from the assessment of
fines and penalties imposed as
specified in Section 13332.18
of the Government Code.
SEC. 513. Item 8570-001-0890 of Section 2.00 of
the Budget Act of 2009 is amended to read:
8570-001-0890--For support of Department
of Food and Agriculture, for payment to
Item 8570-001-0001, payable from the
Federal Trust Fund........................ 38,799,000
39,799,000
SEC. 514. Item 8660-001-0462 of Section 2.00 of
the Budget Act of 2009 is amended to read:
8660-001-0462--For support of Public
Utilities Commission, payable from the
Public Utilities Commission Utilities
Reimbursement Account...................... 79,348,000
82,309,000
Schedule:
(1) 10-Regulation of
Utilities........... 126,627,000
129,588,000
(2) 15-Universal
Service Telephone
Programs............ 638,749,000
(3) 20-Regulation of
Transportation...... 21,711,000
21,711,000
(4) 30.01-
Administration...... 28,507,000
(5) 30.02-Distributed
Administration...... -28,507,000
(6) Reimbursements...... -18,331,000
(6.5) Reimbursement to
the Division of
Ratepayer Advocates. -4,035,000
(7) Amount payable from
the State Highway
Account, State
Transportation Fund
(Item 8660-001-
0042)............... -3,762,000
(8) Amount payable from
the Public
Transportation
Account, State
Transportation Fund
(Item 8660-001-
0046)............... -3,907,000
(9) Amount payable from
the Transportation
Rate Fund (Item
8660-001-0412)...... -2,715,000
(10) Amount payable from
the Public
Utilities
Commission
Transportation
Reimbursement
Account (Item 8660-
001-0461)........... -11,327,000
(11) Amount payable from
California High-
Cost Fund-A
Administrative
Committee Fund
(Item 8660-001-
0464)............... -64,795,000
(12) Amount payable from
California High-
Cost Fund-B
Administrative
Committee Fund
(Item 8660-001-
0470)............... -51,565,000
(13) Amount payable from
Universal Lifeline
Telephone Service
Trust
Administrative
Committee Fund
(Item 8660-001-
0471)............... -329,558,000
(14) Amount payable from
Deaf and Disabled
Telecommunications
Program
Administrative
Committee Fund
(Item 8660-001-
0483)............... -68,953,000
(15) Amount payable from
Payphone Service
Providers Committee
Fund (Item 8660-001-
0491)............... -149,000
(16) Amount payable from
California
Teleconnect Fund
Administrative
Committee Fund
(Item 8660-001-
0493)............... -73,508,000
(17) Amount payable from
the Federal Trust
Fund (Item 8660-001-
0890)............... -1,284,000
(18) Amount payable from
the Public
Utilities
Commission
Ratepayer Advocate
Account (Item 8660-
001-3089)........... -23,629,000
(19) Amount payable from
the California
Advanced Services
Fund (Item 8660-001-
3141)............... -50,221,000
Provisions:
1. The Public Utilities Commission
shall require any public utility
requesting a merger to reimburse
the commission for those
necessary expenses that the
commission incurs in its
consideration of the proposed
merger.
2. The Public Utilities Commission
shall not directly engage in
workforce education and training
curriculum development as part
of the commission's energy
efficiency programs.
SEC. 515. Item 8855-011-0001 is added to Section
2.00 of the Budget Act of 2009, to read:
8855-011-0001--For transfer by the Controller
to the State Audit Fund........................ 1,600,000
Provisions:
1. The amount transferred in this item is
a loan to the State Audit Fund. This
loan shall be repaid not later than
June 30, 2010. It is the intent of the
Legislature that the amount
transferred in this item be used to
address costs associated with the
Bureau of State Audits' American
Recovery and Reinvestment Act (ARRA)
(P.L. 111-5) workload, including
preparedness work and early internal
control testing of ARRA programs.
SEC. 516. Item 8860-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
8860-001-0001--For support of Department of
Finance..................................... 19,423,000
Schedule:
(1) 10-Annual Financial
Plan.................. 22,874,000
(2) 15-Financial
Information System
for California
(FI$Cal) Project
Support............... 3,414,000
(3) 20-Program and
Information System
Assessments........... 14,720,000
(4) 30-Supportive Data.... 13,308,000
(4.5) 35-American Recovery
and Reinvestment Act
Oversight............. 4,100,000
(5) 40.01-Administration.. 6,263,000
(6) 40.02-Distributed
Administration........ -6,263,000
(7) Reimbursements........ -21,181,000
-25,281,000
(8) Amount payable from
Unallocated Special
Funds (Item 8860-011-
0494)................. -594,000
(9) Amount payable
from Unallocated Bond
Funds-- Select (Item
8860-011-0797)........ -130,000
(10) Amount payable from
Other Unallocated
Nongovernmental Cost
Funds (Item 8860-011-
0988)................. -355,000
(11) Amount payable from
Local Streets and
Road Improvement,
Congestion Relief,
and Traffic Safety
Account of 2006,
Highway Safety,
Traffic Reduction,
Air Quality, and Port
Security Fund of 2006
(Item 8860-001-6065).. -111,000
(12) Amount payable from
Central Service Cost
Recovery Fund (Item
8860-001-9740)........ -12,522,000
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 2009-
10 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,
2009, 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 6
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 2
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, 2010, for the
purpose of providing
continuity of services.
6. It is the intent of the
Legislature that the $4,100,000
appropriated to the Department of
Finance in Schedule (4.5) be
used, subject to the provisions
of Section 8.55, to address costs
of the state's American Recovery
and Reinvestment Act (ARRA) (P.L.
111-5) coordinating task force,
the Inspector General appointed
by the Governor, and the efforts
of the Office of State Audits and
Evaluations (OSAE) to assist the
Inspector General appointed by
the Governor and to assist
departments with ARRA compliance.
It is the intent of the
Legislature that new staff hired
to assist the Inspector General
be very limited in number, and
that these staff appointments all
be limited-term in nature. It is
the intent of the Legislature
that approximately $500,000 of
the $4,100,000 appropriated in
Schedule (4.5) be used to support
OSAE activities described above.
It is the intent of the
Legislature that approximately
$500,000 of the $4,100,000
appropriated in Schedule (4.5) be
used to support activities of the
Inspector General. It is the
intent of the Legislature that
$200,000 of the $4,100,000
appropriated in Schedule (4.5) be
used to support operating
expenses, equipment, and travel
costs of the activities described
in this provision and that no
additional travel expenses be
requested for these activities in
the 2009-10 fiscal year in any
future request for funds
described in Section 8.55. It is
the intent of the Legislature
that $400,000 of the $4,100,000
appropriated in Schedule (4.5) be
used to support activities of the
ARRA coordinating task force. It
is the intent of the Legislature
that $2,500,000 of the $4,100,000
appropriated in Schedule (4.5) be
available to the task force
solely to acquire, deploy, and
operate the information
technology necessary for the
state to meet the data
collection, tracking, and
reporting requirements of ARRA,
and to provide the public with
full transparency of the uses of
ARRA funds in California through
a readily accessible and
comprehensive Internet Web site.
SEC. 517. Item 8885-295-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
8885-295-0001--For local assistance for
reimbursement, in accordance with the
provisions of Section 6 of Article XIIIB
of the California Constitution or Section
17561 of the Government Code, of the costs
of any new program or increased level of
service of an existing program mandated by
statute or executive order, for
disbursement by the Controller for claims
for costs incurred during the specified
periods.................................... 142,000,000
76,420,000
Schedule:
(1) For payment of the
following mandate claims
for costs incurred in
the 2004-05 through 2007- 134,000,0
08 fiscal years..........
76,420, 00
0
(a) Crime Victim Rights (Ch.
411, Stats. 1995) (CSM-96-
358-01)
(b) Threats Against Peace
Officers (Ch. 1249, Stats.
1992; Ch. 666, Stats.
1995) (CSM-96-365-02)
(c) Custody of Minors-Child
Abduction and Recovery
(Ch. 1399, Stats. 1976;
Ch. 162, Stats. 1992; and
Ch. 988, Stats. 1996) (CSM-
4237)
(d) Stolen
Vehicle
Notification (Ch. 337,
Stats. 1990) (CSM-4403)
(e) Absentee Ballots (Ch. 77,
Stats. 1978) (CSM-3713)
(f) Permanent Absent Voters
(Ch. 1422, Stats. 1982)
(CSM-4358)
(g) Voter Registration
Procedures (Ch. 704,
Stats. 1975) (04-LM-04)
(h) Absentee Ballots-
Tabulation by Precinct
(Ch. 697, Stats. 1999) (00-
TC-08)
(i) Brendon Maguire Act (Ch.
391, Stats. 1988) (CSM-
4357)
(j) Medi-Cal Beneficiary Death
Notices (Chs. 102 and
1163, Stats. 1981) (CSM-
4032)
(k) Pacific Beach Safety (Ch.
961, Stats. 1992) (CSM-
4432)
(l) Perinatal Services (Ch.
1603, Stats. 1990) (CSM-
4397)
(m) AIDS/Search Warrant
(Ch. 1088, Stats. 1988)
(CSM-4392)
(n) Mentally Retarded
Defendants Representation
(Ch. 1253, Stats. 1980)
(04-LM-12)
(o) Judicial Proceedings (Ch.
644, Stats. 1980) (CSM-
4366)
(p) Conservatorship:
Developmentally Disabled
Adults (Ch. 1304, Stats.
1980) (04-LM-13)
(q) Developmentally Disabled
Attorneys' Services (Ch.
694, Stats. 1975) (04-LM-
03)
(r) Coroners Costs (Ch. 498,
Stats. 1977) (04-LM-07)
(s) Not Guilty by Reason of
Insanity (Ch. 1114, Stats.
1979) (CSM-2753)
(t) Mentally Disordered
Offenders' Extended
Commitments Proceedings
(Ch. 435, Stats. 1991) (98-
TC-09)
(u) Sexually Violent Predators
(Chs. 762 and 763, Stats.
1995) (CSM-4509)
(v) Mentally Disordered Sex
Offenders' Recommitments
(Ch. 1036, Stats. 1978)
(04-LM-09)
(w) Domestic Violence
Treatment Services (Ch.
183, Stats. 1992) (CSM-96-
281-01)
(x) Police Officer's Cancer
Presumption (Ch. 1171,
Stats. 1989) (CSM-4416)
(y) Firefighter's Cancer
Presumption (Ch. 1568,
Stats. 1982) (CSM-4081)
(z) Domestic Violence Arrest
Policies (Ch. 246, Stats.
1995) (CSM-96-362-02)
(aa) Animal Adoption (Ch.
752,
Stats. 1998) (98-TC-11)
(bb) Unitary Countywide Tax
Rates (Ch. 921, Stats.
1987) (CSM-4355 and CSM-
4317)
(cc) Senior Citizens Property
Tax Deferral (Ch. 1242,
Stats. 1977) (CSM-4359)
(dd) Allocation of Property Tax
Revenues (Ch. 697, Stats.
1992) (CSM-4448)
(ee) Photographic Record of
Evidence (Ch. 875,
Stats. 1985) (98-TC-07)
(ff) Rape Victim Counseling
(Ch. 999, Stats. 1991)
(CSM-4426)
(gg) Health Benefits for
Survivors of Peace
Officers and Firefighters
(Ch. 1120, Stats. 1996)
(97-TC-25)
(hh) Post Mortem Examinations
(Ch. 284, Stats. 2000) (00-
TC-18)
(ii) False Reports of Police
Misconduct (Ch. 590,
Stats. 1995) (00-TC-26)
(jj) Crime Victim's Domestic
Violence Incident Reports
(Ch. 1022, Stats. 1999)
(99-TC-08)
(kk) Peace Officer Personnel
Records: Unfounded
Complaints and Discovery
(Ch. 630, Stats. 1978; Ch.
741, Stats. 1994) (00-TC-
24)
(ll) Domestic Violence Arrests
and Victims Assistance
(Chs. 698, 701, and 703,
Stats. 1998) (98-TC-14)
(mm) Post Conviction: DNA Court
Proceedings (Ch. 943,
Stats. 2001) (00-TC-21, 01-
TC-08)
(nn) DNA Database and Amendment
to Post Mortem
Examinations: Unidentified
Bodies (Ch. 822, Stats.
2000; Ch. 467, Stats.
2001) (00-TC-27; 02-TC-39)
(oo) Handicapped and Disabled
Students II (Ch. 1128,
Stats. 1994; Ch. 654,
Stats. 1996) (02-TC-40;
02-TC-49)
(pp) Costs for AB 3632
mandates: Services to
Handicapped Students (Ch.
1747, Stats. 1984)(CSM-
4282) and Seriously
Emotionally Disturbed
Pupils (Ch. 654, Stats.
1996)(97-TC-05)
(qq) Binding Arbitration (Ch.
906, Stats. 2000)(01-TC-07)
(rr) Firearm Hearings for
Discharged Inpatients(Ch.
578, Stats. 1999)
(2) For payment of mandate
claims for the 2005-06,
2006-07, and 2007-08
fiscal years for the
Public Safety Officers
Procedural Bill of
Rights Act (Ch. 675,
Stats. 1990) (CSM-4499).. 8,000,000
(2) For payment of mandate
claims for the 2005-06,
2006-07, and 2007-08
fiscal years for the
Public Safety Officers
Procedural Bill of
Rights Act (Ch. 675,
Stats. 1990) (CSM-4499)..
0
(3) Pursuant to the
provisions of Section
17581 of the Government
Code, the mandates
identified in the
following schedule are
specifically identified
by the Legislature for
suspension during the
2009-10 fiscal year...... 0
(a) Adult Felony Restitution
(Ch. 1123, Stats. 1977)
(04-LM-08)
(b) AIDS/Search Warrant (Ch.
1088, Stats. 1988) (CSM-
4392)
(c) Animal Adoption (Ch. 752,
Stats. 1998) (04-PGA-01,
98-TC-11)
(d) Binding Arbitration (Ch.
906, Stats. 2000) (01-TC-
07)
(e) Conservatorship:
Developmentally Disabled
Adults (Ch. 1304, Stats.
1980) (04-LM-13)
(f) Coroners Costs (Ch. 498,
Stats. 1977) (04-LM-07)
(g) Crime Victims Rights (Ch.
411, Stats. 1995) (CSM-96-
358-01)
(h) Deaf Teletype Equipment
(Ch. 1032, Stats. 1980)
(04-LM-11)
(i) Developmentally Disabled
Attorneys' Service (Ch.
694, Stats. 1975) (04-LM-
03)
(j) DNA Database and Amendment
to Post Mortem
Examinations: Unidentified
Bodies (Ch. 822, Stats.
2000; Ch. 467, Stats.
2001) (00-TC-27; 02-TC-39)
(k) Domestic Violence
Information (Ch. 1609,
Stats. 1984) (CSM-4222)
(l) Elder Abuse, Law
Enforcement Training (Ch.
444, Stats. 1997) (98-TC-
12)
(m) Extended Commitment, Youth
Authority (Ch. 267, Stats.
1998) (98-TC-13)
(n) False Reports of Police
Misconduct (Ch. 590,
Stats. 1995) (00-TC-26)
(o) Filipino Employee Surveys
(Ch. 845, Stats. 1978)
(CSM-2142)
(p) Fire Safety Inspections of
Care Facilities (Ch. 993,
Stats. 1989) (01-TC-16)
(q) Firearm Hearings for
Discharged Inpatients
(Chs. 578, Stats. 1999)
(99-TC-11)
(r) Grand Jury Proceedings
(Ch. 1170, Stats. 1996)
(98-TC-27)
(s) Guardianship/Conservatorshi
p Filings (Ch. 1357,
Stats. 1976) (04-LM-15)
(t) Handicapped Voter Access
Information (Ch. 494,
Stats. 1979) (CSM-4363)
(u) Inmate AIDS Testing (Ch.
1597, Stats. 1988) (CSM-
4369)
(v) Judicial Proceedings (Ch.
644, Stats. 1980) (CSM-
4366)
(w) Law Enforcement Sexual
Harassment Training (Ch.
126, Stats. 1993) (97-TC-
07)
(x) Local Coastal Plans (Ch.
1330, Stats. 1976) (CSM-
4431)
(z) Mentally Disordered
Offenders' Treatment as a
Condition of Parole (Ch.
228, Stats. 1989; Ch. 706,
Stats. 1994) (00-TC-28, 05-
TC-06)
(aa) Mentally Disordered
Offenders' Extended
Commitments Proceedings
(Ch. 435, Stats. 1991) (98-
TC-09)
(bb) Mentally Disordered Sex
Offenders' Recommitments
(Ch. 1036, Stats. 1978)
(04-LM-09)
(cc) Mentally Retarded
Defendants Representation
(Ch. 1253, Stats. 1980)
(04-LM-12)
(dd) Missing Persons Report
(Ch. 1456, Stats. 1988;
Ch. 59, Stats. 1993) (CSM-
4255, CSM-4484, and CSM-
4368)
(ee) Not Guilty by Reason of
Insanity (Ch. 1114, Stats.
1979) (CSM-2753)
(ff) Pacific Beach Safety (Ch.
961, Stats. 1992) (CSM-
4432)
(gg) Perinatal Services (Ch.
1603, Stats. 1990) (CSM-
4397)
(hh) Personal Alarm Devices (8
Cal. Code Regs. 3401(c))
(CSM-4087)
(ii) Photographic Record of
Evidence (Ch. 875, Stats.
1985) (98-TC-07)
(jj) Pocket Masks (Ch. 1334,
Stats. 1987) (CSM-4291)
(kk) Post Conviction: DNA Court
Proceedings (Ch. 943,
Stats. 2001) (00-TC-21, 01-
TC-08)
(ll) Post Mortem Examinations
(Ch. 284, Stats. 2000) (00-
TC-18)
(mm) Prisoner Parental Rights
(Ch. 820, Stats. 1991)
(CSM-4427)
(nn) Senior Citizens Property
Tax Deferral (Ch. 1242,
Stats. 1977) (CSM-4359)
(oo) Sex Crime Confidentiality
(Ch. 502, Stats. 1992; Ch.
36, Stats. 1994, 1st Ex.
Sess.) (98-TC-21)
(pp) Sex Offenders: Disclosure
by Law Enforcement
Officers (Chs. 908 and
909, Stats. 1996) (97-TC-
15)
(rr) SIDS Autopsies (Ch. 955,
Stats. 1989) (CSM-4393)
(ss) SIDS Contacts by Local
Health Officers (Ch. 268,
Stats. 1991) (CSM-4424)
(tt) SIDS Notices (Ch. 453,
Stats. 1974) (04-LM-01)
(uu) SIDS Training for
Firefighters (Ch. 1111,
Stats. 1989) (CSM-4412)
(vv) Stolen Vehicle
Notification (Ch. 337,
Stats. 1990) (CSM-4403)
(ww) Structural and Wildland
Firefighter Safety
Clothing and Equipment (8
Cal. Code Regs. 3401 to
3410, incl.) (CSM-4261 to
CSM-4281)
(xx) Substandard Housing (Ch.
238, Stats. 1974) (CSM-
4303)
(yy) Very High Fire Hazard
Severity Zones (Ch. 1188,
Stats. 1992) (97-TC-13)
(zz) Victims Statements-Minors
(Ch. 332, Stats. 1981) (04-
LM-14)
(aaa) Racial Profiling: Law
Enforcement Training (Ch.
684, Stats. 2000) (01-TC-
01)
Provisions:
1. Allocations of funds provided in
this item to the appropriate local
entities shall be made by the
Controller in accordance with the
provisions of each statute or
executive order that mandates the
reimbursement of the costs, and
shall be audited to verify the
actual amount of the mandated
costs in accordance with
subdivision (d) of Section 17561
of the Government Code. Audit
adjustments to prior-year claims
may be paid from this item. The
funds appropriated in this item
shall be allocated only for
the payment of claims as required
by Chapter 4 (commencing with
Section 17550) of Part 7 of
Division 4 of Title 2 of the
Government Code, and that payment
shall be made pursuant to Article
5 (commencing with Section 17615)
of that chapter. Notwithstanding
any other provision of law,
interest shall be paid from funds
appropriated in this item only to
the extent, and in the amount,
authorized by Section 17561.5 of
the Government Code.
2. Notwithstanding any other
provision of law, the payment of
estimated reimbursement claims for
the 2008-09 fiscal year shall not
be made from this appropriation.
3. The Controller shall offset
payments made from the
appropriation in this item to
recoup the amount of any
unallowable mandate claim costs
determined by desk or field audits.
4. Notwithstanding any other
provision of law, accounts
receivable for recoveries that
result in savings as described in
Provision 3 shall have no effect
upon the positive balance of the
General Fund. The savings may be
used to pay claims for costs
incurred to carry out the cited
state mandates in this item.
5. Of the funds appropriated in
Schedule (1), $21,500,000 may be
used to fund the initial
reimbursement claims for mandates
approved during the 2008-09 fiscal
year.
6. The Department of Finance, in
consultation with the California
State Association of Counties,
shall review all mandates funded
under this item relating to
elections. The department shall
submit a report to the Joint
Legislative Budget Committee, by
October 1, 2009, with
recommendations regarding
simplifying the reimbursement
process for these mandates,
including replacement of the
current mandates' parameters and
guidelines with a reasonable
reimbursement methodology. The
Controller's office shall not
disburse, prior to June 1, 2010,
any funds appropriated under this
item to pay election mandate
claims, unless the Director of
Finance has submitted a letter to
the Joint Legislative Budget
Committee and the Controller's
office indicating that the
director has reached an agreement
with the California Association of
Counties on either the revised
mandate reimbursement process
proposed by the Department of
Finance or an alternative,
simplified mandate reimbursement
process proposed by the California
Association of Counties.
7. The Department of Finance and the
Department of Justice shall review
the mandates funded under this
item relating to domestic violence
and rape counseling. The
departments shall submit a report
to the Joint Legislative Budget
Committee, by January 1, 2010,
with recommendations regarding
consolidating the mandated
requirements, coordinating the
mandated requirements with voter-
approved measures, and, if
appropriate, reallocating funding
for these mandates to victims'
assistance programs.
8. The Department of Finance shall
review the mandate reimbursement
process and shall submit a report
to the Joint Legislative Budget
Committee, by April 1, 2010, with
a recommendation regarding
simplifying the mandate
reimbursement process and reducing
its costs.
SEC. 518. Item 8940-001-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
8940-001-0001--For support of Military
Department................................. 41,683,000
Schedule:
(1) 10-Army National
Guard............... 74,019,000
74,470,000
(2) 20-Air National
Guard............... 21,546,000
(3) 30.01-Office of the
Adjutant General.... 11,116,000
(4) 30.02-Distributed
Office of the
Adjutant General.... -11,029,000
(5) 35-Military Support
to Civil Authority.. 20,069,000
(6) 40-Military
Retirement.......... 3,035,000
(7) 50-California Cadet
Corps............... 348,000
(8) 55-California State
Military Reserve.... 478,000
(9) 65-California
National Guard
Youth Programs...... 18,434,000
(11) Reimbursements...... -19,881,000
(12) Amount payable from
the Armory
Discretionary
Improvement Account
(Item 8940-001-
0485)............... -158,000
(13) Amount payable from
the Federal Trust
Fund (Item 8940-001-
0890)............... -76,294,000
(14) Amount payable from
the Mental Health
Services Fund (Item
8940-001-3085)...... -451,000
Provisions:
1. No expenditures shall be made
from the funds appropriated in
this item as a substitution for
personnel, equipment,
facilities, or other assistance,
or for any portion thereof,
that, in the absence of the
expenditure, or of this
appropriation, would be
available to the Adjutant
General of the State Military
Forces, the California State
Military, or the California
State Military Reserve from the
federal government.
2. The funds appropriated in
Schedule (6) shall be for
military retirements, in
accordance with Sections 228 and
256 of the Military and Veterans
Code.
3. Of the funds appropriated in
this item, $631,000 shall be
used to provide mandatory
employee compensation increases
for state active duty employees,
as follows: (a) $316,000 shall
provide the remaining half-year
funding needed for the
compensation increase effective
January 1, 2009 ; and (b)
$315,000
shall provide half-year funding
for a compensation increase
effective January 1, 2010, and
shall only be available for
expenditure upon passage of a
federal active duty compensation
increase in the federal budget.
The funds provided in this
p arag r aph
ovision shall be expended
pursuant to Sections 320 and 321
of the Military and Veterans
Code, which requires state
active duty employees to receive
the same compensation increases
as their counterparts on federal
active duty. Any unspent funds
pursuant to this paragraph shall
revert to the General Fund.
SEC. 519. Item 8940-001-3085 is added to Section
2.00 of the Budget Act of 2009, to read:
8940-001-3085--For support of the
California Military Department, for
payment to Item 8940-001-0001, payable
from the Mental Health Services Fund...... 451,000
SEC. 520. Item 8955-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
8955-001-0001--For support of Department
of Veterans Affairs....................... 198,932,000
192,132,000
Schedule:
(1) 10-Farm and Home
Loans to Veterans... 2,241,000
(2) 20-Veterans Claims
and Rights.......... 4,463,000
(3) 30.01-Headquarters.. 23,112,000
(4) 30.10-Veterans Home
of California at
Yountville.......... 91,179,000
(5) 30.20-Veterans Home
of California at
Barstow............. 21,286,000
(6) 30.30-Veterans Home
of California at
Chula Vista......... 30,710,000
(7) 30.40-Veterans Home
of California-
Greater Los Angeles
Ventura County
(GLAVC)............. 30,703,000
23,903,000
(8) 30.50-Veterans Home
of California at
Redding............. 290,000
(9) 30.60-Veterans Home
of California at
Fresno.............. 290,000
(10) 50.01-General
Administration...... 20,714,000
(11) 50.02-Distributed
General
Administration...... -20,714,000
(12) Reimbursements...... -1,093,000
(13) Amount payable from
the Veterans
Service Office Fund
(Item 8955-001-
0083)............... -52,000
(14) Amount payable from
the Northern
California Veterans
Cemetery Perpetual
Maintenance Fund
(Item 8955-001-
0238)............... -50,000
(15) Amount payable from
the Veterans' Farm
and Home Building
Fund of 1943 (Item
8955-001-0592)...... -2,241,000
(16) Amount payable from
the Federal Trust
Fund (Item 8955-001-
0890)............... -1,692,000
(17) Amount payable from
the Mental Health
Services Fund (Item
8955-001-3085)...... -214,000
Provisions:
1. Of the funds appropriated in
this item, $2,000,000 shall be
expended only for the
replacement of equipment and
furnishings directly related to
the care of the members at
Veterans Homes of California.
2. The Secretary of Veterans
Affairs shall report annually
on all expenditures pursuant to
Provision 1 to the Director of
Finance, the Chairperson of the
Joint Legislative Budget
Committee, and the chairpersons
of the fiscal committees of
each house of the Legislature.
The report shall specify the
following: (a) the equipment
purchased, (b) the amount
expended, (c) the vendor from
whom it was purchased, (d) the
method of purchase, (e) the
purpose and use of the
equipment, (f) the location of
the equipment by Home and
Program Unit, and (g) the life
expectancy of the equipment.
The report shall also include
planned expenditures of
equipment as specified for the
forthcoming five fiscal years.
3. Of the funds appropriated in
Schedule (4), the amount of
$500,000 is available for
special projects that provide a
direct benefit to the members
of the Veterans Home of
California at Yountville,
including the maintenance of
facilities used by members and
the public. The Allied Council
at the Veterans Home of
California may submit special
project requests to the
administration for
consideration. After
consultation with the Allied
Council, a budget for
expenditure of these funds
shall be approved by the
administrator, and the
Secretary of Veterans Affairs.
4. Of the funds appropriated in
Schedule (4), up to $118,000
shall be used to restore the
Yountville Veterans Home's no-
cost nonprescription drug
benefit to the level provided
in the 2004-05 fiscal year. It
is the intent of the
Legislature that this benefit
shall be consistent with that
provided at the Chula Vista and
Barstow Veterans Homes.
5. Notwithstanding any other
provision of law, the
Department of Veterans Affairs
is not required to comply with
Chapter 615 of the Statutes
of 2006 during the 2009-10
fiscal year because no
appropriation has been provided
to support the activities
required by Chapter 615 of the
Statutes of 2006.
SEC. 521. Item 9100-101-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
9100-101-0001--For local assistance, Tax
Relief.................................... 479,318,000
444,578,000
Schedule:
(1) 50-Homeowners'
Property Tax Relief. 444,578,000
(5) 60-Subventions for
Open Space.......... 34,740,000
Provisions:
1. Schedule (1) is for
reimbursement to local taxing
authorities for revenue lost by
reason of the homeowners'
property tax exemption granted
pursuant to subdivision (k) of
Section 3 of Article XIII of the
California Constitution. The
appropriation made in that
schedule shall be in lieu of the
appropriation required pursuant
to Section 25 of Article XIII of
the California Constitution and
the appropriation for the same
purposes contained in Section
16100 or 16120 of the Government
Code.
2. Notwithstanding any other
provision of law, the Director
of Finance may authorize
expenditures for Schedule (1) in
excess of or less than the
amount appropriated not sooner
than 30 days after notification
in writing of the necessity
therefor is provided to the
chairpersons of the fiscal
committees of each house of the
Legislature and the Chairperson
of the Joint Legislative Budget
Committee, or not sooner than
whatever lesser time the
chairperson of the joint
committee, or his or her
designee, may in each instance
determine.
3. Schedule (5) is for providing
reimbursement to local taxing
authorities for revenue lost by
reason of the assessment of open
space lands under Sections 423,
423.3, 423.4, and 423.5 of the
Revenue and Taxation Code, and
in accordance with Chapter 3
(commencing with Section 16140)
of Part 1 of Division 4 of Title
2 of the Government Code. The
appropriation made in that
schedule shall be in lieu of the
appropriation for the same
purpose contained in Section
16100 or 16140 of the Government
Code. The Controller shall
allocate these funds in
accordance with Section 16144 of
the Government Code.
SEC. 522. Item 9350-104-6065 is added to Section
2.00 of the Budget Act of 2009, 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 700,000,
Port Security Fund of 2006.................... 000
Provisions:
1. Of the funds appropriated in this
item, $258,205,000 is for cities
or a city and a county and
$441,795,000 is for counties or a
city and a county.
2. The Controller shall allocate
these funds on a first-come,
first-served basis, following
notification from the Department
of Finance that the city, county,
or city and county has submitted
a complete plan for the
expenditure of funds pursuant to
Section 8879.65 of the Government
Code.
3. The following conditions shall
apply for cities, counties, or a
city and county receiving funds:
(a) A city, county, or city
and county shall have
received its full
allocation for the 2007-
08 fiscal year.
(b) A city, county, or city
and county shall have
submitted information for
the 2007-08 fiscal year
allocation as required in
subdivision (c) of
Section 9979.65 of the
Government Code.
(c) A city, county, or city
and county shall agree
that funds received from
this item for the 2009-10
fiscal year will be used
for projects that are not
currently fully funded
with a dedicated funding
source or sources.
(d) A city, county, or city
and county shall agree to
encumber the funds in
this item from the 2009-
10 fiscal year allocation
before July 1, 2010.
(e) A city, county, or city
and county shall report
to the Department of
Finance the total balance
of unencumbered funds in
the cities, counties, or
city and counties
existing account as
described in
subparagraphs (A) and (C)
of paragraph (2) of
subdivision (i) of
Section 8879.23 of the
Government Code.
(f) A city, county, or city
and county shall certify
that the total balance of
unobligated or
unencumbered funds in the
account as described in
subparagraphs (A) and (C)
of paragraph (2) of
subdivision (i) of
Section 8879.23 of the
Government Code is no
more than the sum balance
of three months of
anticipated
apportionments from the
Highway Users Tax Account
in the Transportation Tax
Fund, as described in
Sections 2104, 2105,
2106, 2107, and 2107.5 of
the Streets and Highway
Code, and from the
Transportation Investment
Fund, as described in
Section 7104 of the
Revenue and Taxation Code.
If a city, county, or
city and county has an
unobligated or
unencumbered balance that
exceeds the sum balance
of the three months of
anticipated
apportionments, it shall
not increase its existing
unobligated or
unencumbered street (Gas
Tax) or road fund
balance, by the time the
time the next report is
submitted to the
Controller pursuant to
Section 2151 of the
Streets and Highways Code.
If a city, county, or
city and county has an
unobligated or
unencumbered balance that
is less than the sum
balance of the three
months of anticipated
apportionments, it may
permit its fund balance
to grow until the
unencumbered balance is
no more than the sum
balance of three months
of anticipated
apportionments from the
Highway Users Tax Account
in the Transportation Tax
Fund and the
Transportation Investment
Fund.
(g) For the purposes of this
item, ""unobligated'' and
""unencumbered'' mean any
portion of funding that
is not designated,
through prior approval by
the city council or
county board of
supervisors, for the use
on the planning, review,
design, or construction
phase of a project
currently underway at the
time of the annual street
or road report.
4. Any of the funds that are not
allocated by July 1, 2010, shall
revert to the Local Streets and
Road Improvement, Congestion
Relief, and Traffic Safety
Account of 2006 to be
appropriated in future years.
SEC. 523. Item 9620-001-0001 of Section 2.00 of the
Budget Act of 2009 is amended to read:
9620-001-0001--For payment of interest on
General Fund loans, upon order of the
Director of Finance, for any General Fund
loan....................................... 100,000,000
150,000,000
Provisions:
1. The Director of Finance, the
Controller, and the Treasurer
shall satisfy any need of the
General Fund for borrowed
funds in a manner consistent
with the Legislature's
objective of conducting
General Fund borrowing in a
manner that best meets the
state's interest. The state
fiscal officers may, among
other factors, take into
consideration the costs of
external versus internal
borrowings and potential
impact on other borrowings of
the state. In conducting
internal borrowing, the
Controller must ensure such
borrowing is made in the most
economical manner to the
General Fund. Internal
borrowable funds that require
a higher rate of interest
payments will be borrowed only
after other internal
borrowable funds are fully
utilized.
2. In the event that interest
expenses related to internal
borrowing exceed the amount
appropriated by this item,
there is hereby appropriated
any amount necessary to pay
the interest. Funds
appropriated by this item
the interest. Augmentation
pursuant to this provision
shall not be expended prior to
30 days after the Department
of Finance notifies the Joint
Legislative Budget Committee
of the amounts necessary or
not sooner than such lesser
prior to a shorter period of
time as determined by the
time as the Chairperson of the
Joint
Joint Legislative Budget
Committee.
Committee may determine.
3. In the event that Revenue
Anticipation Warrants are
(RAWs)
or Registered Warrants (IOUs)
are issued, or considered to be
be issued, there is hereby
appropriated any amount
necessary, in excess of the
amount appropriated by this
item, to pay the expenses
incurred by the Controller,
Treasurer, Attorney General,
and the Department of Finance
in providing for the
preparation, sale, issuance,
advertising, legal services,
credit enhancement, liquidity
facility, or any other act
which, as approved by the
Department of Finance, is
necessary for such issuance.
Augmentation pursuant to this
provision shall not be
expended prior to 30 days
after the Department of
Finance notifies the Joint
Legislative Budget Committee
of the amounts necessary or
prior to a shorter period of
time as determined by the
Chairperson of the Joint
Legislative Budget Committee.
Funds appropriated by this
item shall not be expended
4. In the event that the
Controller must implement a
payment delay plan to manage
emergency cash needs, there is
hereby appropriated any amount
necessary, in excess of the
amount appropriated by this
item, to pay the interest
expenses, late payment
penalties, and other costs
incurred by the Controller
that, as approved by the
Department of Finance, are
necessary to implement the
payment delay plan. Amounts
appropriated pursuant to this
provision shall be
transferred, upon approval of
the Department of Finance, to
augment Item 0840-001-0001.
Augmentation pursuant to this
provision shall not be
transferred or expended prior
prior to 30 days after the
Department of Finance notifies
the Joint Legislative Budget
Committee of the amounts
necessary or prior to a
shorter period of time as
determined by the Chairperson
of the Joint Legislative
Budget Committee.
necessary or not sooner than
5. such lesser time as the
Chairperson of the Joint
Legislative Budget Committee
may determine.
To ensure prompt and accurate
General Fund cashflow
4. To ensure prompt and accurate
General Fund cash flow
projections for the state, all
departments must provide
information as requested by
the Department of Finance in
the timeframe and medium as
specified by the Department of
Finance. Information requested
may include past actuals and
future projection of
disbursements, receipts, and
cash balances.
SEC. 524. Item 9655-001-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
9655-001-0001--For Augmentation for
Statewide Accounts Receivable Management
Enhancements................................ 3,309,000
1,175,000
Provisions:
1. Amounts appropriated by this item
shall be transferred, upon approval
by the Director of Finance, to
augment any other General Fund item
of appropriation, department,
board, commission, or other state
entity. Transfers shall be made to
fund expenditures for statewide
accounts receivable management
enhancements.
2. Notwithstanding any other provision
of law, upon approval of the
Department of Finance, expenditure
Director of Finance, expenditure
authority may be transferred among
Items 9655-001-0001 and 9655-001-
0494 and 9655-001-0988 as necessary
to fund costs for statewide
accounts receivable management
enhancements.
3. In the event that expenditures for
statewide accounts receivable
management enhancements exceed the
amount appropriated by this item,
the Director of Finance may
allocate an additional amount over
the amount appropriated by this
item. This allocation shall be made
no sooner than 30 days after
notification to the Chairperson of
the Joint Legislative Budget
Committee and the chairperson s of
the fiscal committees in each house .
of the Legislature.
4. $108,000 shall be transferred, upon
approval by the Director of
Finance, to Item 0840-001-0001, as
necessary to enhance statewide
accounts receivable reporting and
to improve accounts receivable
management practices.
5. No later than December 31, 2010,
the Controller shall submit a
report to the Department of Finance
report to the Director of Finance
that describes: (a) a summary on
supplemental receivables reporting
and discharged accounts from all
departments for periods prescribed
by the Department of Finance, and
by the Director of Finance, and (b)
(b) recommendations for enhancing
revenue opportunities and process
improvements.
SEC. 525. Item 9655-001-0494 of Section 2.00 of
the Budget Act of 2009 is amended to read:
9655-001-0494--For Augmentation for
Statewide Accounts Receivable Management
Enhancements, payable from unallocated
special funds............................... 4,274,000
3,125,000
Provisions:
1. Provisions 1, 2, and 3 of Item 9655-
001-0001 also apply to this item,
except references to General Fund
appropriations shall instead refer
to special fund appropriations.
SEC. 526. Item 9800-001-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
9800-001-0001--For Augmentation for
Employee Compensation...................... 44,533,000
40,742,000
Provisions:
1. The amount appropriated in
this item shall not be
construed to control or
influence collective
bargaining between the state
employer and employee
representatives.
2. The funds appropriated in this
item are for compensation
increases and increases in
benefits related thereto of
employees whose compensation,
or portion thereof, is
chargeable to the General
Fund, to be allocated by
executive order by the
Department of Finance to the
Director of Finance to the
several state offices,
departments, boards, bureaus,
commissions, and other state
agencies, in augmentation of
their respective
appropriations or allocations,
in accordance with approved
memoranda of understanding or,
for employees excluded from
collective bargaining, in
accordance with salary and
benefit schedules established
by the Department of Personnel
Administration.
3. It is the intent of the
Legislature that all proposed
augmentations for increased
employee compensation costs,
including, but not limited to,
base salary increases, pay
increases to bring one group
of employees into a pay equity
position with another group of
public employees, and
recruitment and retention
differentials, be budgeted and
considered on a comprehensive,
statewide basis. Therefore,
the Legislature declares its
intent to reject any
proposed augmentations that
are not included in Item 9800
in the 2010-11 Budget Act,
given that this is the item
where the funds to implement
comprehensive statewide
compensation policies,
including those adopted
pursuant to collective
bargaining, are considered.
This provision shall not apply
to augmentations for increased
employee compensation costs
resulting from mandatory
judicial orders to raise pay
for any group of employees or
augmentations for increased
compensation costs, or
approvals for departments to
provide increased employee
compensation levels, that are
included in bills separate
from the Budget Act.
4. The funds appropriated by this
item and any other item may
not be used or expended to
fund any compensation proposal
in the last, best, and final
offer made by the state
employer to State Bargaining
Unit 6 implemented on
September 18, 2007. Nothing in
this act shall be construed as
legislative approval for the
expenditure of funds in
accordance with that state
employer's last, best, and
final offer, as required by
subdivision (b) of Section
3517.8 of the Government Code.
5. This item contains funds
estimated to be necessary to
implement side letters,
appendices, or other addenda
to a memorandum of
understanding (collectively
referred to as ""pending
agreements'') that have been
determined by the Joint
Legislative Budget Committee
to require legislative
approval prior to their
implementation, but which may
not have been approved in
separate legislation as of the
date of the passage of this
act. In the event that the
Legislature does not approve
separate legislation to
authorize implementation of
any of the pending agreements,
the Department of Finance
the Director of Finance shall
shall not allocate any funds
related
related to those pending
agreements
agreements pursuant to
pursuant to Provision 2, and the
the expenditure of funds for those
those pending agreements shall not
not be deemed to have been
approved by the Legislature.
6. As of July 31, 2010, the
unencumbered balances of the
above appropriation shall
revert to the General Fund.
SEC. 527. Item 9800-001-0494 of Section 2.00 of
the Budget Act of 2009 is amended to read:
9800-001-0494--For Augmentation for
Employee Compensation, payable from other
unallocated special funds.................. 51,832,000
51,589,000
Provisions:
1. The amount appropriated in
this item shall not be
construed to control or
influence collective
bargaining between the state
employer and employee
representatives.
2. The funds appropriated in this
item are for compensation
increases and increases in
benefits related thereto of
employees whose compensation,
or portion thereof, is
chargeable to special funds,
to be allocated by executive
order by the Department of
order by the Director of
Finance to the several state
offices, departments, boards,
bureaus, commissions, and
other state agencies, in
augmentation of their
respective appropriations or
allocations, in accordance
with approved memoranda of
understanding or, for
employees excluded from
collective bargaining, in
accordance with salary and
benefit schedules established
by the Department of Personnel
Administration.
3. Notwithstanding any other
provision of law, upon
approval of the Department of
approval of the Director of
Finance, expenditure authority
may be transferred between
this item and Item 9800-001-
0988 as necessary to fund
costs for approved
memoranda of understanding or,
for employees excluded from
collective bargaining, in
accordance with salary and
benefit schedules established
by the Department of Personnel
Administration.
4. It is the intent of the
Legislature that all proposed
augmentations for increased
employee compensation costs,
including, but not limited to,
base salary increases, pay
increases to bring one group
of employees into a pay equity
position with another group of
public employees, and
recruitment and retention
differentials, be budgeted and
considered on a comprehensive,
statewide basis. Therefore,
the Legislature declares its
intent to reject any proposed
augmentations that are not
included in Item 9800 in the
2010-11 Budget Act, given that
this is the item where the
funds to implement
comprehensive statewide
compensation policies,
including those adopted
pursuant to collective
bargaining, are considered.
This provision shall not apply
to augmentations for increased
employee compensation costs
resulting from mandatory
judicial orders to raise pay
for any group of employees or
augmentations for increased
compensation costs, or
approvals for departments to
provide increased employee
compensation levels, that are
included in bills separate
from the Budget Act.
5. The funds appropriated by this
item and any other item may
not be used or expended to
fund any compensation proposal
in the last, best, and final
offer made by the state
employer to State Bargaining
Unit 6 implemented on
September 18, 2007. Nothing in
this act shall be construed as
legislative approval for the
expenditure of funds in
accordance with that state
employer's last, best, and
final offer, as required
by subdivision (b) of Section
3517.8 of the Government Code.
6. This item contains funds
estimated to be necessary to
implement side letters,
appendices, or other addenda
to a memorandum of
understanding (collectively
referred to as ""pending
agreements'') that have been
determined by the Joint
Legislative Budget Committee
to require legislative
approval prior to their
implementation, but which may
not have been approved in
separate legislation as of the
date of the passage of this
act. In the event that the
Legislature does not approve
separate legislation to
authorize implementation of
any of the pending agreements,
the Department of Finance
the Director of Finance shall
shall not allocate any funds
related
related to those pending
agreements
agreements pursuant to
pursuant to Provision 2, and the
the expenditure of funds for those
those pending agreements shall not
not be deemed to have been
approved by the Legislature.
7. As of July 31, 2010, the
unencumbered balances of the
above appropriation shall no
longer be available for
expenditure.
SEC. 528. Item 9800-001-0988 of Section 2.00 of
the Budget Act of 2009 is amended to read:
9800-001-0988--For Augmentation for
Employee Compensation, payable from other
unallocated nongovernmental cost funds..... 25, 529
410 ,000
Provisions:
1. The amount appropriated in
this item shall not be
construed to control or
influence collective
bargaining between the state
employer and employee
representatives.
2. The funds appropriated in this
item are for employee
compensation increases, and
increases in benefits related
thereto, whose compensation or
portion thereof is chargeable
to nongovernmental cost funds,
to be allocated by executive
order by the Department of
order by the Director of
Finance to the several state
offices, departments, boards,
bureaus, commissions, and
other state agencies, in
augmentation of their
respective appropriations or
allocations, in accordance
with approved memoranda of
understanding or, for
employees excluded from
collective bargaining, in
accordance with salary and
benefit schedules established
by the Department of Personnel
Administration.
3. Notwithstanding any other
provision of law, upon
approval of the Department of
approval of the Director of
Finance, expenditure authority
may be transferred between
Item 9800-001-0494 and this
item as necessary to fund
costs for approved memoranda
of understanding or, for
employees excluded from
collective bargaining, in
accordance with salary and
benefit schedules established
by the Department of
Personnel Administration.
4. It is the intent of the
Legislature that all proposed
augmentations for increased
employee compensation costs,
including, but not limited to,
base salary increases, pay
increases to bring one group
of employees into a pay equity
position with another group of
public employees, and
recruitment and retention
differentials, be budgeted and
considered on a comprehensive,
statewide basis. Therefore,
the Legislature declares its
intent to reject any proposed
augmentations that are not
included in Item 9800 in the
2010-11 Budget Act, given that
this is the item where the
funds to implement
comprehensive statewide
compensation policies,
including those adopted
pursuant to collective
bargaining, are considered.
This provision shall not apply
to augmentations for increased
employee compensation costs
resulting from mandatory
judicial orders to raise pay
for any group of employees or
augmentations for increased
compensation costs, or
approvals for departments to
provide increased employee
compensation levels, that are
included in bills separate
from the Budget Act.
5. The funds appropriated by this
item and any other item may
not be used or expended to
fund any compensation proposal
in the last, best, and final
offer made by the state
employer to State Bargaining
Unit 6 implemented on
September 18, 2007. Nothing in
this act shall be construed as
legislative approval for the
expenditure of funds in
accordance with that state
employer's last, best, and
final offer, as required by
subdivision (b) of Section
3517.8 of the Government Code.
6. This item contains funds
estimated to be necessary to
implement side letters,
appendices, or other addenda
to a memorandum of
understanding (collectively
referred to as ""pending
agreements'') that have been
determined by the Joint
Legislative Budget Committee
to require legislative
approval prior to their
implementation, but which may
not have been approved in
separate legislation as of the
date of the passage of this
act. In the event that the
Legislature does not approve
separate legislation to
authorize implementation of
any of the pending agreements,
the Department of Finance
the Director of Finance shall
shall not allocate any funds
related
to those pending agreements
pursuant to Provision 2, and
the expenditure of funds for
related to those pending
agreements
agreements pursuant to
Provision 2, and the
expenditure of funds for those
pending agreements shall
shall not be deemed to have been
been approved by the
approved by the Legislature.
7. As of July 31, 2010, the
unencumbered balances of the
above appropriation shall no
longer be available for
expenditure.
SEC. 529. Item 9840-001-0001 of Section 2.00 of
the Budget Act of 2009 is amended to read:
9840-001-0001--For Augmentation for
Contingencies or Emergencies.................. 44,100,000
Provisions:
1. Subject to the conditions set
forth in this item, amounts
appropriated by this item shall
be transferred, upon approval by
the Director of Finance, to
augment any other General
Fund item of appropriation that
is made under this act to an
agency, department, board,
commission, or other state
entity. Such a transfer may be
made to fund unanticipated
expenses to be incurred for the
200 8 9 - 1 0
9 fiscal year under an
existing program that is funded
by that item of appropriation,
but only in a case of actual
necessity as determined by the
Director of Finance. For purposes
of this item, an ""existing
program'' is one that is
authorized by law.
2. The Director of Finance may not
approve a transfer under this
item, nor may any funds
appropriated in augmentation of
this item be allocated, to fund
any of the following: (a)
capital outlay, (b) any expense
attributable to a prior fiscal
year, (c) any expense related to
legislation enacted without an
appropriation, (d) startup costs
of programs not yet authorized by
the Legislature, (e) costs that
the administration had knowledge
of in time to include in the May
Revision, or (f) costs that the
administration has the discretion
to incur or not incur.
3. A transfer of funds approved by
the Director of Finance under
this item shall become effective
no sooner than 30 days after the
director files written
notification thereof with the
Chairperson of the Joint
Legislative Budget Committee, and
the chairpersons of the fiscal
committees in each house of the
Legislature, or no sooner than
any lesser time the chairperson
of the joint committee, or his or
her designee, may in each
instance determine, except for
an approval for an emergency
expense as defined in Provision 5.
4. Each notification shall include
all of the following: (a) the
date the recipient state entity
reported to the Department of
reported to the Director of
Finance the need to increase its
appropriation, (b) the reason for
the expense, (c) the transfer
amount approved by the Director
of Finance, and (d) the basis of
the director's determination that
the expense is actually needed.
Each notification shall also
include a determination by the
director as to whether the
expense was considered in a
legislative budget committee and
formal action was taken not to
approve the expense for the 200 8
9 -
1 0 9 fiscal year. Any
increase in a
department's appropriation to
fund unanticipated expenses shall
be approved by the Director of
Finance.
5. The Director of Finance may
approve a transfer under this
item for an emergency expense
only if the approval is set forth
in a written notification that is
filed with the Chairperson of the
Joint Legislative Budget
Committee, and the chairpersons
of the fiscal committees in each
house of the Legislature, no
later than 10 days after the
effective date of the approval.
Each notification for an
emergency expense shall state the
reason for the expense, the
transfer amount approved by the
director, and the basis of the
director's determination that the
expense is an emergency expense.
For the purposes of this item,
""emergency expense'' means an
expense incurred in response
to conditions of disaster or
extreme peril that threaten the
immediate health or safety of
persons or property in this state.
6. Within 15 days of receipt, the
Department of Finance shall
Director of Finance shall
provide, to the Chairperson of
the Joint Legislative Budget
Committee and the chairpersons of
the fiscal committees in each
house of the Legislature, copies
of all requests, including any
supporting documentation, from
any agency, department, board,
commission, or other state entity
for a transfer under this item.
The submission to the Legislature
of a copy of such a request does
not constitute approval of the
request by the Director of
Finance. Within 15 days of
receipt, the director shall also
provide copies to these
chairpersons of all other
requests received by the
Director
Department of Finance from any
state
agency,
state agency, department, board,
commission, or
c o mmission, or o
ther state entity to fund a
to fund a contingency or
emergency
through
emergency through a supplemental
appropriations
appropriations bill augmenting
this item.
this item.
7. For any transfer of funds
pursuant to this item, the
augmentation of a General Fund
item of appropriation made by
item of appropriation shall not
this act shall not exceed the
following during
any
f ollowing during any f iscal year:
(a) 30 percent of the amount
schedul appropriat
ed, for those
scheduled amounts that
appropriations made by
this act that are
are $4,000,000 or less.
(b) 20 percent of the amount
schedul appropriat
ed, for those
scheduled amounts that
appropriations made by
this act that are more
are more than $4,000,000.
8. The Director of Finance may
withhold authorization for the
expenditure of funds transferred
pursuant to this item until such
time as, and to the extent that,
preliminary estimates of
potential unanticipated expenses
are verified.
9. The Director of Finance shall
submit any requests for
supplemental appropriations in
augmentation of this item to the
Chairperson of the Joint
Legislative Budget Committee and
the chairpersons of the fiscal
committees in each house of the
Legislature. Requests shall
include the information and
determinations required by
Provision 4, excluding
Provision 4 excluding subdivision
(c), and a
(c), and a determination that
requests
meet
requests mee t t
he requirements of Provision
2.
Provision 2.
SEC. 530. Section 3.55 is added to the Budget Act of
2009, to read:
SEC. 3.55. Notwithstanding any other provision of law, upon the
order of the Director of Finance, the Controller's Office shall, as
jointly determined with the Public Employees' Retirement System,
reduce statewide budget items appropriation authority for two months
in the 2009-10 fiscal year to recover Preferred Provider Organization
premiums paid in excess by members and employers in previous fiscal
years.
SEC. 531. Section 3.60 of the Budget Act of 2009 is
amended to read:
SEC. 3.60. (a) Notwithstanding any other provision of law, the
employers' retirement contributions for the 2009-10 fiscal year that
are chargeable to an appropriation made in this act, with respect to
each state officer and employee who is a member of the
California Public Employees' Retirement System
(CalPERS) (PERS) or the Judges' Retirement
System II and who is in that employment or office, including
university members as provided by Section 20751 of the Government
Code, shall be the percentage of salaries and wages by state member
category, as follows:
Miscellaneous, First Tier...... 16.574%
16.917%
Miscellaneous, Second Tier...... 16.470%
16.737%
State Industrial...... 17.236%
17.251%
State Safety......
18.411% 18.099%
Peace Officer/Firefighter...... 26.064%
25.848%
Highway Patrol...... 32.149%
28.438%
Judges' Retirement System II...... 20.227%
20.358%
The Director of Finance may adjust amounts in any appropriation
item, or in any category thereof, in this act as a result of changes
from amounts budgeted for employer contributions for 2009-10 fiscal
year retirement benefits to achieve the percentages specified in this
subdivision.
(b) Notwithstanding any other provision of law, the Director of
Finance shall require retirement contributions computed pursuant to
subdivision (a) to be offset by the Controller with surplus funds in
the Public Employees' Retirement Fund, employer surplus asset
accounts.
(c) Notwithstanding any other provision of law, for purposes of
calculating the "appropriations subject to limitation" as defined in
Section 8 of Article XIII B of the California Constitution, the
appropriations in this act shall be deemed to be the amounts
remaining after the adjustments required by subdivisions (a) and (b)
are made.
SEC. 532. Section 3.90 of the Budget Act of 2009 is
amended to read:
SEC. 3.90. (a) Notwithstanding any other provision of this act,
each item of appropriation in this act, with the exception of those
items for the California State University, the University of
California, Hastings College of the Law, the Bureau of State
Audits , the Legislature (including the Legislative
Counsel Bureau), and the judicial branch, shall be reduced, as
appropriate, to reflect a reduction in employee compensation achieved
through the collective bargaining process for represented employees
or through existing administration authority and a proportionate
reduction for nonrepresented employees (utilizing existing authority
of the administration to adjust compensation for nonrepresented
employees) in the total amounts of $1,024,326,000
$1,074,326,000 from General Fund items and $688,375,000
from items relating to other funds. The Director of Finance shall
allocate the necessary reductions to each item of appropriation to
accomplish the employee compensation reductions required by this
section.
(b) The Department of Personnel Administration shall transmit
proposed memoranda of understanding to the Legislature promptly and
shall include with each such transmission estimated savings pursuant
to this section of each agreement.
(c) Nothing in this section shall change or supersede the
provisions of the Ralph C. Dills Act (Chapter 10.3 (commencing with
Section 3512) of Division 4 of Title 1 of the Government Code).
SEC. 533. Section 4.01 of the Budget Act of 2009 is
amended to read:
SEC. 4.01. (a) Notwithstanding any other provision of law, the
Director of Finance shall reduce items of appropriation in this act
to reflect savings achieved pursuant to the Alternate Retirement
Program (Chapter 214 of the Statutes of 2004). These reductions shall
not apply to the University of California, Hastings College of the
Law, California State University, the Legislature, or the
judicial branch Judicial Branch .
(b) Notwithstanding any other provision of law, the Director of
Finance shall reduce items of appropriation in this act to reflect
savings achieved through reforms in employee compensation, subject to
memoranda of understanding negotiated with collective bargaining
units and ratified by the Legislature. These reductions shall apply
to all agencies and departments whose employees are subject to
collective bargaining agreements negotiated by the Department of
Personnel Administration or are excluded employees as defined in
Section 3527 of the Government Code.
(c) The Director of Finance shall report to the Chairperson of the
Joint Legislative Budget Committee and the chairpersons of the
committees of each house of the Legislature that consider
appropriations not more than 30 days after the reductions are made
pursuant to this section. The report shall list reductions by
department and agency.
(d) Nothing within this section shall be interpreted to confer any
authority upon the Director of Finance to modify or eliminate any
other provision of existing law.
SEC. 534. Section 4.12 of the Budget Act of 2009 is
amended to read:
SEC. 4.12. Notwithstanding any other provision of law,
any positions that have been proposed to be added for the State Water
Project for the 2009-10 fiscal year are neither approved nor
disapproved until future action is taken by the Legislature
Of the funds provided in this act to the Department of Water
Resources for the implementation of the Delta Habitat Conservation
and Conveyance Program, funding shall be used only for planning
workload related to the program and shall not be used for the
physical construction of an alternative conveyance facility .
SEC. 535. Section 4.85 is added to the Budget Act of
2009, to read:
SEC. 4.85. The Controller shall transfer to the General Fund the
amount remaining in the State Public Works Board, 1995 Series A, 1996
Series A, and 1998 Series A Energy Efficiency Bonds, Public
Buildings Construction Fund.
SEC. 536. Section 8.55 is added to the Budget Act of
2009, to read:
SEC. 8.55. (a) It is the intent of the Legislature that the State
of California comply with requirements associated with its receipt of
funds pursuant to the American Recovery and Reinvestment Act (ARRA),
Public Law 111-5. To supplement required activities related to ARRA
that are being funded in various items of this act, the Legislature
has provided funds to the Bureau of State Audits to act as the
central, independent auditing and oversight agency required under
various provisions of ARRA. In addition, the Legislature has provided
funds to the Director of Finance intended to coordinate oversight
and administration activities related to use of ARRA funds by state
agencies, including data collection, tracking, and reporting.
(b) (1) The $1,600,000 General Fund loan provided in this act to
the Bureau of State Audits and the $4,100,000 General Fund loan
provided in this act to the Director of Finance shall be reimbursed
from federal ARRA funds, including principally or exclusively the 0.5
percent of total ARRA funds authorized to be spent on certain
centralized state oversight activities in Office of Management and
Budget Memorandum M-09-18 of May 11, 2009, or similar guidance or
legislation, or other available federal funds. The Director of
Finance shall cooperate with the Bureau of State Audits, as required,
to facilitate reimbursement of these and any other federal moneys
the bureau is authorized to expend related to its ARRA auditing and
oversight activities.
(2) Should any expenditures of the loan amounts authorized in this
section ultimately be determined by the federal government not to be
reimbursable, the Director of Finance is required and authorized to
reduce and transfer to the General Fund any appropriations in this
act for state operations in departments under the control of the
Governor that benefited generally from the use of the General Fund
loan to the extent necessary to pay off any outstanding balance of
the loan.
(c) The Bureau of State Audits may request additional General Fund
loans or the authority to expend federal ARRA funds related to
statewide auditing and oversight in amounts of up to $1,067,000. In
the event that General Fund loans are requested, they shall be
reimbursed from federal funds in a manner similar to that described
in subdivision (b). The Bureau of State Audits shall provide such
requests to the Chairperson of the Joint Legislative Budget Committee
and provide copies of such requests to the Legislative Analyst and
the Director of Finance. Any such request shall include a detailed
description and justification for previous and anticipated uses of
funds related to this section. The additional General Fund loans or
authority to expend the federal ARRA funds described above shall not
be made available to the Bureau of State Audits until 30 days after
the request is provided to the Chairperson of the Joint Legislative
Budget Committee or at such earlier date as the chairperson of the
joint committee may determine. The Legislature requests that the
Bureau of State Audits provide to the Director of Finance, the
Chairperson of the Joint Legislative Committee, and the Legislative
Analyst an estimate of the funds it will require for ARRA statewide
oversight and auditing activities in each fiscal year during which it
will be undertaking such activities as soon as possible. The Bureau
of State Audits may amend this estimate of the funds it will require
for ARRA activities after the initial submission of this document.
(d) The Director of Finance shall provide to the Chairperson of
the Joint Legislative Budget Committee, when appropriate, a
comprehensive plan describing statewide ARRA oversight and auditing
activities anticipated for the entire period during which such ARRA
oversight and auditing will be necessary. The report shall, at a
minimum, describe all of the following: (1) the amount of ARRA funds
expected to be available to be spent on statewide accountability and
oversight activities (including data collection, tracking, and
reporting) based on definitive federal guidance or legislation
concerning this matter, (2) a description of the roles of each entity
in state government to be involved in statewide oversight and
auditing activities related to ARRA, (3) specific citations, as
appropriate, of federal guidance, regulations, or legislation that
require each function of each entity in state government involved in
ARRA statewide oversight and auditing activities, (4) detailed
descriptions of why any proposed activities not specifically required
in federal guidance, regulations, or legislation will be undertaken,
and (5) the amount of ARRA federal funds for statewide
accountability and oversight (including data collection, tracking,
and reporting) expected to be needed in each fiscal year during which
ARRA statewide oversight and auditing activities will be required.
The Director of Finance shall include costs for ARRA statewide
auditing and oversight activities of the Bureau of State Audits in
the comprehensive plan and may amend the comprehensive report after
its initial submission to account for costs identified by the bureau.
(e) The Director of Finance may request additional General Fund
loans or the authority to expend federal ARRA funds related to
statewide auditing and oversight in amounts exceeding those in
subdivision (b) but in no case may the Director of Finance request
funding for the 2009-10 fiscal year in excess of that available for
its activities during that fiscal year, as described in item 5 of the
comprehensive report described in subdivision (d). The additional
loans or authority to expend funds described in this subdivision
shall not be made available to the Director of Finance until 30 days
after both the comprehensive report described in subdivision (d) and
the request for these loans or funds is provided to the Chairperson
of the Joint Legislative Budget Committee or at such earlier date as
the chairperson of the joint committee may determine. In the event
that General Fund loans are requested, they shall be reimbursed from
federal funds in a manner similar to that described in subdivision
(b).
(f) The Bureau of State Audits may request additional General Fund
loans or the authority to expend federal ARRA funds related to
statewide auditing and oversight in amounts exceeding those in
subdivisions (b) and (c), but it is the intent of the Legislature
that the bureau not request funding for the 2009-10 fiscal year in
excess of that specified in the estimate of required funds that the
bureau will submit or amend pursuant to subdivision (c). The
additional loans or authority to expend funds described in this
subdivision shall not be made available to the Bureau of State Audits
until 30 days after the request for these loans or funds is provided
to the Chairperson of the Joint Legislative Budget Committee or at
such earlier date as the chairperson of the joint committee may
determine. In the event that General Fund loans are requested, they
shall be reimbursed from federal funds in a manner similar to that
described in subdivision (b).
(g) Except for the $2,500,000 authorized in Provision 6 of Item
8860-001-0001 of Section 2.00, no funds provided in this section or
in any other item of this act may be expended by the Director of
Finance, the ARRA inspector general, a state department under the
control of the Governor, or the ARRA task force for a centralized
statewide database of ARRA spending until 30 days after a detailed
justification of the federal requirements therefor has been submitted
to the Chairperson of the Joint Legislative Budget Committee or at
such earlier date as the chairperson of the joint committee may
determine. This request may be combined with the comprehensive report
described in subdivision (d).
(h) It is the intent of the Legislature that funds provided to the
Director of Finance pursuant to this section address costs of the
state's ARRA coordinating task force, the Inspector General appointed
by the Governor, and the Office of State Audits and Evaluation's
efforts described herein and provide full transparency to the public
in the use of ARRA funds.
SEC. 537. Section 12.00 of the Budget Act of 2009 is
amended to read:
SEC. 12.00. For the purposes of Article XIII B of the California
Constitution, there is hereby established a state "appropriations
limit" of $81,000,000,000 $80,984,000,000
for the 2009-10 fiscal year.
Any judicial action or proceeding to attack, review, set aside,
void, or annul the "appropriations limit" for the 2009-10 fiscal year
shall be commenced within 45 days of the effective date of this act.
SEC. 538. Section 12.32 of the Budget Act of 2009 is
amended to read:
SEC. 12.32. (a) It is the intent of the Legislature that
appropriations that are subject to Section 8 of Article XVI of the
California Constitution be designated with the wording "Proposition
98." In the event these appropriations are not so designated, they
may be designated as such by the Department of Finance, where that
designation is consistent with legislative intent, within 30 days
after notification in writing of the proposed designation to the
chairpersons of the committees in each house of the Legislature that
consider appropriations and the Chairperson of the Joint Legislative
Budget Committee, or within a lesser time that the chairperson of the
joint committee, or his or her designee, determines.
(b) Pursuant to the Proposition 98 funding requirements
established in Chapter 2 (commencing with Section 41200) of Part 24
of Division 3 of Title 2 of the Education Code, the total
appropriations for Proposition 98 for the 2009-10 fiscal year are
$40,523,751,000 $36,301,084,000 or
42.2 40.1 percent of total General Fund
revenues and transfers subject to the state appropriations limit.
General Fund revenues appropriated for school districts are
$35,827,600,000 $32,351,995,000 or 37.3
35.7 percent of total General Fund revenues and
transfers subject to the state appropriations limit. General Fund
revenues appropriated for community college districts are
$4,587,827,000 $3,836,897,000 or 4.8
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 $108,324,000
$112,192,000 or 0.1 percent of total General Fund revenues
and transfers subject to the state appropriations limit.
SEC. 539. Section 12.42 of the Budget Act of 2009 is
amended to read:
SEC. 12.42. (a) The amounts appropriated in the items set forth in
subdivision (b) are each hereby reduced by the percentage determined
by dividing 1,211,296,000 1,317,610,000
by the sum of the amounts appropriated in the items set forth
in subdivision (b).
(b) Subdivision (a) shall apply to Items 6110-103-0001,
6110-104-0001, 6110-105-0001, 6110-107-0001, 6110-108-0001,
6110-111-0001, 6110-113-0001, 6110-119-0001, 6110-122-0001,
6110-124-0001, 6110-125-0001, 6110-137-0001, 6110-144-0001,
6110-150-0001, 6110-151-0001, 6110-156-0001, 6110-158-0001,
6110-166-0001, 6110-167-0001, 6110-181-0001, 6110-182-0001,
6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001,
6110-209-0001, 6110-211-0001, 6110-220-0001,
6110-224-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001,
6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001,
6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001,
6110-260-0001, 6110-265-0001, 6110-266-0001, 6110-267-0001,
6110-268-0001 and , 6360-101-0001
, and Schedule (1) of Item 6110-211-0001 of Section 2.00 of
this act.
SEC. 540. Section 12.45 is added to the Budget Act of
2009, to read:
SEC. 12.45. The Director of Finance shall, for all agencies and
departments paid through the Uniform State Payroll System, reduce as
necessary the appropriations in the items set forth in Section 2.00
to recognize the change in the accounting method for the payment of
state employee salaries pursuant to Section 13302 of the Government
Code.
SEC. 541. Section 12.50 is added to the Budget Act of
2009, to read:
SEC. 12.50. The amount appropriated in Item 7980-101-0001 of
Section 2.00 is hereby reduced by $37,600,000.
SEC. 542. Section 12.55 is added to the Budget Act of
2009, to read:
SEC. 12.55. The Director of Finance shall permit the California
African-American Museum to utilize $293,000 from the Exposition Park
Improvement Fund for the replacement, repair, and other upgrades of
critical infrastructure costs for the museum.
SEC. 543. Section 13.10 is added to the Budget Act of
2009, to read:
SEC. 13.10. (a) The amount appropriated in Item 0110-001-0001 of
Section 2.00 is hereby reduced by $2,783,000.
(b) The amount appropriated in Item 0120-011-0001 of Section 2.00
is hereby reduced by $5,477,000.
(c) (1) The amount appropriated in Schedule (1) of Item
0130-021-0001 of Section 2.00 is hereby reduced by $188,000.
(2) The amount transferred in Schedule (2) of Item 0130-021-0001
of Section 2.00 is hereby reduced by $94,000.
(3) The amount transferred in Schedule (3) of Item 0130-021-0001
of Section 2.00 is hereby reduced by $94,000.
(d) The amount appropriated in Item 0160-001-0001 of Section 2.00
is hereby reduced by $7,546,000.
(e) The amount appropriated in Item 8855-001-0001 of Section 2.00
is hereby reduced by $514,000.
SEC. 544. Section 13.25 is added to the Budget Act of
2009, to read:
SEC. 13.25. (a) Notwithstanding any other provision of law, the
Director of Finance may adjust amounts in any item of appropriation
in Section 2.00 to reflect reorganizations and consolidations of
departments or functions of departments that are approved by the
Legislature.
(b) Within 30 days of making any adjustment pursuant to this
section, the Department of Finance shall report the adjustment in
writing to the Joint Legislative Budget Committee.
SEC. 545. Section 13.50 is added to the Budget Act of
2009, to read:
SEC. 13.50. (a) (1) It is the intent of the Legislature to
eliminate the following eight entities as of January 1, 2010:
0510 Secretary of State and Consumer Services
0520 Secretary of Business, Transportation
and Housing
0530 Secretary of California Health and
Human Services
0540 Secretary of the Natural Resources
Agency
0555 Secretary for Environmental Protection
0558 Secretary for Education
0559 Labor and Workforce Development Agency
0650 Office of Planning and Research
(2) Notwithstanding any other provision of law, the Director of
Finance shall, pursuant to subdivision (c), make all necessary
adjustments to the items of appropriation for the entities described
in paragraph (1) to reflect the elimination of those agencies. It is
the intent of the Legislature to enact legislation in the 2009-10
Regular Session, or in an extraordinary session, of the Legislature
to provide the necessary statutory changes to implement this section.
(b) Notwithstanding any other provision of law, as of January 1,
2010, it is the intent that the following functions shall be
transferred as follows:
(1) Advisors to the Governor from various entities to the Office
of the Governor, including advisors for guidance on environmental
policy, not to exceed $3,260,000 and 21.0 positions on a full-year
basis.
(2) State Clearinghouse and Planning Unit for the California
Environmental Quality Act, from the Office of Planning and Research
to the State Air Resources Board.
(3) California Volunteers, from Office of Planning and Research to
the Department of Housing and Community Development.
(4) Census-related activities from Office of Planning and Research
to the Department of Finance.
(5) Pass-through of federal stimulus funds, from Office of
Planning and Research to the Department of Finance and the Office of
Governor.
(6) Office of Privacy Protection, from Secretary of State and
Consumer Services to the Department of Consumer Affairs.
(7) Uniform film permits, from the Secretary of Business,
Transportation and Housing to the Department of Parks and Recreation.
(8) Film tax credit administration, from the Secretary of
Business, Transportation and Housing to the Department of Housing and
Community Development.
(9) Office of Tourism, from the Secretary of Business,
Transportation and Housing to the Department of Housing and Community
Development.
(10) Small Enterprise Expansion Program, from the Secretary of
Business, Transportation and Housing to the Department of Housing and
Community Development.
(11) California Infrastructure and Economic Development Bank, from
the Secretary of Business, Transportation and Housing to the
Department of Housing and Community Development.
(12) Centralized departmental functions, from the Secretary for
Environmental Protection to the Department of Toxic Substances
Control for coordination.
(13) Certified Unified Program Agency, from the Secretary for
Environmental Protection to the Department of Toxic Substances
Control.
(14) California River Parkways Program, from the Secretary of the
Natural Resources Agency to the Department of Water Resources.
(15) San Joaquin River Restoration program, from the Secretary of
the Natural Resources Agency to the Department of Water Resources and
Department of Fish and Game based on their existing roles.
(16) CALFED Science program, from the Secretary of the Natural
Resources Agency to the Department of Water Resources.
(17) Oceans program, from the Secretary of the Natural Resources
Agency to the State Coastal Conservancy.
(18) Strategic growth program, from the Secretary of the Natural
Resources Agency to the State Air Resources Board.
(19) Office of Health Information Integrity, from the Secretary of
California Health and Human Services to the State Department of
Health Care Services.
(20) Office of Systems Integration, from the Secretary for
California Health and Human Services to the Office of the State Chief
Information Officer.
(21) Health Information Exchange, from the Secretary of California
Health and Human Services to the State Department of Health Care
Services.
(22) Employer and Employee Education, from the Labor and Workforce
Development Agency to the Department of Industrial Relations.
(23) Labor law enforcement oversight, including functions of the
Economic and Employment Enforcement Coalition, from the Labor and
Workforce Development Agency to the Department of Industrial
Relations.
(24) California Business Investment Services, from the Labor and
Workforce Development Agency to the California Workforce Investment
Board.
(25) Economic Strategy Panel from the Labor and Workforce
Development Agency to the California Workforce Investment Board.
(c) Notwithstanding any other provision of law, any functions not
described in subdivision (b) that are performed by the entities
described in subdivision (a) shall be eliminated as of January 1,
2010, and any budgeted funds for eliminated functions shall, on
February 1, 2010, revert to the fund from which the appropriations
were made. It is the intent of the Legislature that at least
$6,000,000 shall revert to the General Fund, and $16,000,000 shall
revert to other funds. In implementing this section, the Legislature
encourages the Governor to identify additional savings that can be
achieved through administrative efficiencies or elimination of
duplicative efforts.
(d) Pursuant to the authority in subdivision (a) of Section 13.25,
the Director of Finance is authorized to transfer any funds from an
eliminated entity to an entity listed in subdivision (b) in order to
facilitate the transition of spending authority.
(e) The Director of Finance shall, on or before February 1, 2010,
report to the fiscal committees of each house of the Legislature and
the Legislative Analyst's Office on the elimination of the entities
described in subdivision (a). The report shall include a summary of
the functions moved and functions eliminated. This summary shall
include associated dollars by fund source and positions for the
2009-10 fiscal year and as to be proposed for the 2010-11 fiscal
year. The report may also include any proposed legislation related to
the elimination of each entity, lessons learned from the transition
process, or any other relevant information. The director may satisfy
this reporting requirement, at his or her option, by presenting the
report with materials presented with the Governor's budget issued on
or before January 10, 2010.
SEC. 546. Section 15.30 is added to the Budget Act of
2009, to read:
SEC. 15.30. (a) Notwithstanding any other provision of law, the
Director of Finance may reduce items of appropriation in this act to
reflect information technology and related savings achieved by state
agencies, as identified by the State Chief Information Officer
pursuant to the Governor's Reorganization Plan No. One of 2009 or
Section 11545 of the Government Code. It is the intent of the
Legislature that the reductions authorized by this section total at
least $100,000,000 for General Fund items of appropriation; however,
in achieving these and other savings, the State Chief Information
Officer shall take no action with respect to IT budgets or projects
that might reasonably be anticipated to cause a significant reduction
in General Fund revenue collections.
(b) The Director of Finance shall report the reductions in writing
to the Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the committees of each house of the Legislature that
consider appropriations not more than 30 days after the reductions
are made. The report shall list the reductions by department and
agency.
SEC. 547. Section 17.00 of the Budget Act of 2009 is
amended to read:
SEC. 17.00. The Budget Act of 2009 includes $47,828,000
($14,166,000 $49,697,000 ($14,686,000 from the
General Fund, $28,218,000 $29,567,000
from federal funds, $930,000 from special funds, and $4,514,000 from
reimbursements) for applicant state agencies, departments, boards,
commissions, or other entities of state government in support of
federal Health Insurance Portability and Accountability Act (HIPAA)
of 1996 activities. These funds are allocated to the following
entities:
California Health and Human Services Agency
General Fund......2,611,000
Reimbursements......1,584,000
Public Employees' Retirement System
Special Funds......247,000
Office of Statewide Health Planning and Development
Special Funds......111,000
Department of Aging
General Fund......12,000
Reimbursements......12,000
Department of Alcohol and Drug Programs
General Fund......787,000
Reimbursements......920,000
Department of Health Care Services
General Fund......8,571,000
Federal Funds......28,158,000
General Fund......9,091,000
Federal Funds......29,507,000
Reimbursements......26,000
Department of Public Health
Special Funds......551,000
Managed Risk Medical Insurance Board
General Fund......27,000
Special Funds......21,000
Federal Funds......60,000
Department of Developmental Services
General Fund......887,000
Reimbursements......800,000
Department of Mental Health
General Fund......1,146,000
Reimbursements......1,172,000
Department of Veterans Affairs
General Fund......125,000
SEC. 548. Section 17.50 is added to the Budget Act of
2009, to read:
SEC. 17.50. The amount appropriated in Item 4170-101-0001 of
Section 2.00 is hereby reduced by $9,483,000.
SEC. 549. Section 17.80 is added to the Budget Act of
2009, to read:
SEC. 17.80. (a) The amount appropriated in Item 4200-001-0001 of
Section 2.00 is hereby reduced by $418,000.
(b) The amount appropriated in Item 4200-102-0001 of Section 2.00
is hereby reduced by $1,671,000.
(c) The amount appropriated in Item 4200-103-0001 of Section 2.00
is hereby reduced by $29,837,000.
SEC. 550. Section 18.00 is added to the Budget Act of
2009, to read:
SEC. 18.00. (a) The amount appropriated in Item 4260-101-0001 of
Section 2.00 is hereby reduced by $2,766,088,000.
(b) Schedule (7) of Item 4260-101-0001 of Section 2.00 is hereby
deleted.
(c) Provision 13 is added to Item 4260-101-0001 of Section 2.00,
to read:
13. It is the intent of the Legislature to actively pursue the
receipt of federal funds within the Medicaid (Medi-Cal) Program which
are past due from the federal government, including, but not limited
to: (a) disability insurance benefits that resulted in state
expenditures instead of federal Medicare expenditures, (b) the
retroactive payment of Part B premiums due to systemic errors by the
federal Social Security Administration, (c) needed adjustments to
formulas that penalize California, such as the Medicare Part D
"clawback," and (d) receipt of federal funds due to California under
various existing Medi-Cal waiver programs.
(d) The amount appropriated in Item 4260-111-0001 of Section 2.00
is hereby reduced by $4,303,000.
(e) Provision 3 is added to Item 4260-111-0001 of Section 2.00, to
read:
3. The State Department of Health Care Services shall convene a
diverse workgroup as applicable that, at a minimum, represents
families enrolled in the California Children's Services (CCS)
Program, counties, specialty care providers, children's hospitals,
and medical suppliers to discuss the administrative structure of the
CCS Program, including eligibility determination processes, the use
and content of needs assessment tools in case management, and the
processes used for treatment authorizations. The purpose of this
workgroup will be to identify methods for streamlining,
administrative cost-efficiencies, and better utilization of both
state and county staff, as applicable, in meeting the needs of
children and families accessing the CCS Program. The department may
provide the policy and fiscal committees of each house of the
Legislature with periodic updates of outcomes as appropriate.
(f) The amount appropriated in Item 4260-113-0001 of Section 2.00
is hereby reduced by $47,265,000.
SEC. 551. Section 18.10 is added to the Budget Act of
2009, to read:
SEC. 18.10. (a) The amount appropriated in Item 4265-001-0001 of
Section 2.00 is hereby reduced by $6,981,000.
(b) The amount appropriated in Item 4265-111-0001 of Section 2.00
is hereby reduced by $62,967,000.
(c) Provision 2 is added to Item 4265-111-0001 of Section 2.00, to
read:
2. It is the intent of the Legislature that the funds appropriated
in this item be used to maintain core active surveillance activities
to meet federal reporting requirements and to continue HIV/AIDS
prevention and education efforts for which federal funds are not
available.
SEC. 552. Section 18.20 is added to the Budget Act of
2009, to read:
SEC. 18.20. (a) The amount appropriated in Item 4280-101-0001 of
Section 2.00 is hereby reduced by $71,581,000.
(b) Provision 2 is added to Item 4280-101-0001 of Section 2.00, to
read:
2. It is the intent of the Legislature, during these unprecedented
fiscal times, to maintain the integrity of the Healthy Families
Program to continue to provide health, dental, and vision coverage to
low-income children. However, assistance from philanthropic
organizations and other sources will be necessary in order for
California to obtain its full allotment of federal funds to support
this program. In the event funds are not available, it is the intent
of the Legislature for the Managed Risk Medical Insurance Board to
utilize its existing authority to establish a waiting list of
children for enrollment in the program.
(c) The amount appropriated in Item 4280-102-0001 of Section 2.00
is hereby reduced by $3,046,000.
SEC. 553. Section 18.30 is added to the Budget Act of
2009, to read:
SEC. 18.30. The amount appropriated in Item 4300-101-0001 of
Section 2.00 is hereby reduced by $214,828,000.
SEC. 554. Section 18.40 is added to the Budget Act of
2009, to read:
SEC. 18.40. (a) The amount appropriated in Item 4440-001-0001 of
Section 2.00 is hereby reduced by $8,447,000.
(b) The amount appropriated in Item 4440-103-0001 of Section 2.00
is hereby reduced by $113,380,000.
(c) The amount appropriated in Item 4440-104-0001 of Section 2.00
is hereby reduced by $52,000,000.
(d) (1) Provision 1 of Item 4440-104-0001 of Section 2.00 is
hereby deleted.
(2) Provision 3 is added to Item 4440-104-0001 of Section 2.00, to
read:
3. These funds are for costs incurred in the 2006-07, 2007-08,
2008-09, and 2009-10 fiscal years. The first priority of funds
appropriated in this item shall be used to offset the mandate
reimbursement claims for the 2006-07 fiscal year. Remaining funds may
be used to offset the mandate reimbursement claims for the 2007-08,
2008-09, and 2009-10 fiscal years.
(e) The amount appropriated in Item 4440-111-0001 of Section 2.00
is hereby reduced by $3,547,000.
SEC. 555. Section 18.50 is added to the Budget Act of
2009, to read:
SEC. 18.50. (a) The amount appropriated in Item 5180-001-0001 of
Section 2.00 is hereby reduced by $7,748,000.
(b) Provision 9 of Item 5180-001-0001 of Section 2.00 is hereby
deleted.
(c) The amount appropriated in Item 5180-101-0001 of Section 2.00
is hereby reduced by $615,501,000.
(d) The amount appropriated in Item 5180-111-0001 of Section 2.00
is hereby reduced by $532,134,000.
(e) Schedule (5) of Item 5180-111-0001 of Section 2.00 is hereby
deleted.
(f) The amount appropriated in Item 5180-153-0001 of Section 2.00
is hereby reduced by $16,421,000.
SEC. 556. Section 24.60 is added to the Budget Act of
2009, to read:
SEC. 24.60. Each state entity receiving lottery funds shall
annually report to the Governor and the Legislature on or before May
15 the amount of lottery funds that the entity received and the
purposes for which those funds were expended in the prior fiscal
year, including administrative costs. The Department of Education
shall report on behalf of K-12 entities. If applicable, the entity
shall also report the amount of lottery funds received on the basis
of adult education average daily attendance (ADA) and the amount of
lottery funds expended for adult education.
SEC. 557. Section 24.65 of the Budget Act of 2009 is
repealed.
SEC. 24.65. (a) Notwithstanding any other
provision of law, the Director of Finance is authorized to repay
General Fund budgetary obligations, infrastructure bond debts, and
the Economic Recovery Bonds, including reimbursement to the General
Fund for these costs, in the 2009-10 fiscal year from the Debt
Retirement Fund, pursuant to Government Code Section 8880.4.5.
(b) Expenditures and reimbursements authorized by this section
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.
SEC. 558. Section 25.25 is added to the Budget Act of
2009, to read:
SEC. 25.25. Notwithstanding any other provision of law, a sum not
to exceed $15,200,000 is appropriated from various special and
nongovernmental cost funds and reimbursements to the Controller for
payment of costs to support the replacement of the existing automated
human resource/payroll systems known as the 21st Century Project.
The Controller shall assess these funds in sufficient amounts to pay
for the authorized 21st Century Project costs that are attributable
to such funds pursuant to Section 12432 of the Government Code.
Assessments in support of the expenditures for the 21st Century
Project shall be made quarterly and the total amounts assessed from
these funds in the 2009-10 fiscal year shall not exceed the total
expenditure incurred by the Controller for the 21st Century Project
that are attributable to those funds in the 2009-10 fiscal year.
SEC. 559. Section 25.50 of the Budget Act of 2009 is
amended to read:
SEC. 25.50. Notwithstanding any other provision of law, an amount
not to exceed $822,000 $770,000 is
hereby appropriated from various funds to the Controller, as
specified below, for reimbursement of costs for the ongoing
maintenance and support of the Apportionment Payment System:
0046 Public Transportation Account $
18,000
$ 16,000
0062 Highway Users Tax Account 282,000
265,000
0064 Motor Vehicle License Fee Account 16,000
15,000
0330 Local Revenue Fund 93,000
87,000
0877 DMV Local Agency Collection Fund 2,000
0932 Trial Court Trust Fund 161,000
151,000
0965 Timber Tax Fund 1,000
0969 Public Safety Account 249,000
233,000
Total, All Funds $822,000
$770,000
The Controller shall assess these funds for the costs of the
Apportionment Payment System because apportionment payments in excess
of $10,000,000 are made annually from these funds. Assessments in
support of the expenditures for the Apportionment Payment System
shall be made monthly, and the total amount assessed from these funds
may not exceed the total expenditures incurred by the Controller for
the Apportionment Payment System for the 2009-10 fiscal year.
SEC. 560. Section 35.50 of the Budget Act of 2009 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 2009-10 fiscal year pursuant to this act, as passed by the
Legislature, is $98,567,200,000
$93,244,800,000 .
(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. 561. 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 revisions in appropriations for the support of the
government of the State of California and for several public purposes
for the 2009-10 fiscal year. It is imperative that these revisions
be made effective as soon as possible. It is therefore necessary that
this act go into immediate effect.