BILL NUMBER: SBX3 2 CHAPTERED
BILL TEXT
CHAPTER 2
FILED WITH SECRETARY OF STATE FEBRUARY 20, 2009
APPROVED BY GOVERNOR FEBRUARY 20, 2009
PASSED THE SENATE FEBRUARY 19, 2009
PASSED THE ASSEMBLY FEBRUARY 14, 2009
AMENDED IN ASSEMBLY FEBRUARY 14, 2009
AMENDED IN ASSEMBLY JANUARY 13, 2009
INTRODUCED BY Senator Ducheny
JANUARY 5, 2009
An act to amend Items 3910-004-0226, 3910-004-0281, and
3910-007-0387 of Section 2.00 of the Budget Act of 2003 (Chapter 157
of the Statutes of 2003), and to amend Items 0690-102-0001,
0690-102-0214, 0690-102-0597, 0690-113-0001, 0890-001-0001,
1870-012-0214, 2640-101-0046, 2660-302-0042, 2660-302-0890,
3790-001-0001, 3790-001-6051, 4140-011-0121, 4170-101-0001,
4300-101-0001, 5180-111-0001, 5225-101-0001, 6440-001-0001,
6600-001-0001, 6610-001-0001, 6610-002-0001, 8660-011-0470,
8660-011-0471, 8660-011-0483, and 9210-101-0001 of, and to add Items
2180-011-0067, 2660-013-0042, 3560-011-0347, 3680-011-0516,
3790-011-0263, 3910-011-0226, and 8120-013-0268 to, Section 2.00 of
the Budget Act of 2008 (Chapters 268 and 269 of the Statutes of
2008), and to amend Section 28.00 of, and to add Sections 3.90, 8.25,
and 35.10 to, the Budget Act of 2008, relating to the support of
state government, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
I object to the following appropriations contained in Senate Bill
2 Third Extraordinary Session.
Item 2660-013-0042--For transfer by the Controller from the State
Highway Account, State Transportation Fund, to the Transportation
Debt Service Fund to be used as specified in Section 16965 of the
Government Code.
I am eliminating this item consistent with the Budget agreement to
eliminate the proposed $0.12 excise tax increase on gasoline and
diesel fuel.
With the above deletions, revisions, and reductions, I hereby
approve Senate Bill 2 Third Extraordinary Session.
Schwarzenegger,
Arnold
SB 2, Ducheny. Budget Act of 2008: revisions.
The Budget Act of 2008 (Chapters 268 and 269 of the Statutes of
2008) made appropriations for the support of state government during
the 2008-09 fiscal year.
This bill would amend the Budget Act of 2008 to make adjustments
to certain items of appropriations. The bill would authorize the
Director of Finance to allocate necessary reductions in employee
compensation from General Fund items in the amount of $385,762,000
and from items relating to other funds in the amount of $285,196,000.
The bill would state the intent of the Legislature that reductions
in employee compensation will result in General Fund savings of
$1,024,326,000 and other fund savings of $688,375,000 in the 2009-10
fiscal year.
The bill also would set forth procedures to account for the
receipt of federal funds as part of an economic stimulus or similar
legislation during the 2008-09 and 2009-10 fiscal years.
The Budget Act of 2003 (Chapter 157 of the Statutes of 2003) makes
appropriations for the support of state government during the
2003-04 fiscal year and, among other things, authorizes transfers to
the General Fund from certain special funds to be repaid to those
funds during the 2nd half of the 2008-09 fiscal year.
This bill would amend the Budget Act of 2003 to extend the time
for repayment of those transfers to the 2nd half of the 2009-10 and
2011-12 fiscal years, as specified.
The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on
December 19, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 19, 2008,
pursuant to the California Constitution.
This bill would declare that it is to take effect immediately as
an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The adjustments to appropriations made by this act are
in addition to the appropriations made in Section 2.00 of the Budget
Act of 2008 (Chapters 268 and 269 of the Statutes of 2008) and are
subject to the provisions of that act, as appropriate, including, as
applicable, the provisions of that act that apply to the items of
appropriation that are amended by this act. Unless otherwise
specified, the references in this act to item numbers refer to items
of appropriation in Section 2.00 of the Budget Act of 2008 (Chapters
268 and 269 of the Statutes of 2008).
SEC. 2. Item 0690-102-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
0690-102-0001--For local assistance, Office
of Emergency Services......................... 29,849,000
Schedule:
(1) 50.20-Victim Services.. 3,916,000
(2) 50.30-Public Safety.... 25,933,000
Provisions:
1. Notwithstanding any other provision
of law, the Office of Emergency
Services may provide advance
payment of up to 25 percent of
grant funds awarded to community-
based nonprofit organizations,
cities, school districts, counties,
and other units of local
government that have demonstrated
cashflow problems according to the
criteria set forth by the Office of
Emergency Services.
2. To maximize the use of program
funds and demonstrate the
commitment of the grantees to
program objectives, the Office of
Emergency Services shall require
all grantees of funds from the Gang
Violence Suppression-Curfew
Enforcement Strategy Program to
provide local matching funds of at
least 10 percent for the first and
each subsequent year of operation.
This match requirement applies to
each agency that is to receive
grant funds. An agency may meet its
match requirements with an in-kind
match, if approved by the Office of
Emergency Services.
4. The Department of Finance shall
include a special display table in
the Governor's Budget under the
Office of Emergency Services that
displays, by fund source, component
level detail for Program 50,
Criminal Justice Projects. In
addition, the Office of Emergency
Services, in consultation with the
Department of Finance, shall
provide a report to the Joint
Legislative Budget Committee by
January 10 of each year that
provides a list of grantees, total
funds awarded to each grantee, and
performance statistics to document
program outputs and outcomes in
order to assess the state's return
on investment for each component of
Program 50 for each of the three
years displayed in the Governor's
Budget.
SEC. 3. Item 0690-102-0214 of Section 2.00 of the Budget Act of
2008 is amended to read:
0690-102-0214--For local assistance, Office
of Emergency Services, payable from the
Restitution Fund............................. 10,000,000
Schedule:
(1) Grants to cities with
heavy gang
concentrations......... 3,000,000
(2) Competitive grants to
cities................. 4,500,000
(3) Competitive grants to
community-based
organizations.......... 2,000,000
(4) Internet Crimes
Against Children Task
Force funding.......... 500,000
Provisions:
1. All grantees must provide a dollar-
for-dollar match to state grant
funds awarded from Schedules (1),
(2), and (3).
2. The Office of Emergency Services
shall submit a report and
evaluation of the grants
awarded pursuant to Schedules (1),
(2), and (3) to the fiscal
committees of the Legislature not
later than April 1, 2011.
3. Up to 3 percent of the funds
appropriated in Schedules (1),
(2), and (3) may be used for
administration of the grant
programs.
4. The amount appropriated in
Schedule (1) shall be distributed
as follows: $1,000,000 each to Los
Angeles, San Francisco Bay area
cities, and central valley cities.
5. 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 Emergency
Services shall give preference to
applicants that incorporate
regional approaches to antigang
activities.
6. 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.
7. The amount appropriated in
Schedule (3) shall be for grants
to community-based organizations.
The grants shall be used to test
different approaches designed to
reduce gang activities in
communities and neighborhoods. No
grant shall exceed $200,000.
SEC. 4. Item 0690-102-0597 of Section 2.00 of the Budget Act of
2008 is amended to read:
0690-102-0597--For local assistance, Office
of Emergency Services, payable from the High
Technology Theft Apprehension and
Prosecution Program Trust Fund............... 6,982,000
Schedule:
(1) 50.30-Public Safety........ 6,982,000
Provisions:
1. Funds appropriated in this item are
for the High Technology Theft
Apprehension and Prosecution
Program, as established by Chapter
5.7 (commencing with Section 13848)
of Title 6 of Part 4 of the Penal
Code, as amended by Chapter 555 of
the Statutes of 1998, and shall be
deposited in the High Technology
Theft Apprehension and Prosecution
Program Trust Fund, established
pursuant to Section 13848.4 of the
Penal Code.
2. All grantees receiving funds
appropriated in this item shall be
required to provide matching funds
equal to 25 percent of the amount of
grant funding received by them from
the High Technology Theft
Apprehension and Prosecution Program
Trust Fund.
3. 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 High Technology Theft
Apprehension and Prosecution Program
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 of the committee and
appropriate subcommittees that
consider the State Budget, and the
Chairperson of the Joint Legislative
Budget Committee, or not sooner than
whatever lesser time the chairperson
of the joint committee or his or her
designee may determine.
SEC. 5. Item 0690-113-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
0690-113-0001--For transfer by the
Controller to the High Technology Theft
Apprehension and Prosecution Program Trust
Fund........................................ 6,982,000
Provisions:
1. Funds appropriated in this item are
for the High Technology Theft
Apprehension and Prosecution
Program, as established by
Chapter 5.7 (commencing with
Section 13848) of Title 6 of Part 4
of the Penal Code, as amended by
Chapter 555 of the Statutes of
1998, and shall be deposited in the
High Technology Theft Apprehension
and Prosecution Program Trust Fund,
established pursuant to Section
13848.4 of the Penal Code.
SEC. 6. Item 0890-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
0890-001-0001--For support of Secretary of
State....................................... 46,380,000
Schedule:
(1) 10-Filings and
Registrations......... 49,025,000
(2) 20-Elections.......... 76,483,000
(3) 30-Archives........... 10,499,000
(4) 50.01-Administration
and Technology........ 23,590,000
(5) 50.02-Distributed
Administration and
Technology............ -23,590,000
(6) Reimbursements........ -7,339,000
(7) Amount payable from
the Secretary of
State's Business Fees
Fund (Item 0890-001-
0228)................. -38,936,000
(8) Amount payable from
the Federal Trust
Fund (Item 0890-001-
0890)................. -41,674,000
(9) Amount payable from
the Victims of
Corporate Fraud
Compensation Fund
(Item 0890-001-3042).. -1,678,000
Provisions:
1. The Secretary of State may not
expend any special handling fees
authorized by Chapter 999 of the
Statutes of 1999 which are
collected in excess of the cost of
administering those special
handling fees unless specifically
authorized by the Legislature.
2. Of the amounts appropriated in
this item, $41,674,000 shall be
used for operational costs
associated with implementation of
the Help America Vote Act of 2002
(42 U.S.C. Sec. 15301 et seq.).
3. Of the amount appropriated in this
item, $5,000,000 shall be used for
costs associated with the November
4, 2008, statewide general
election.
4. Of the amounts appropriated in
this item, $10,000,000 shall be
used to cover the costs incurred
by the Secretary of State for the
special election to be conducted
in 2009. If the Secretary of State
incurs costs greater than
$10,000,000 to conduct the special
election, the Department of
Finance shall have the authority
to increase this item by up to
$5,000,000 in order to cover
those costs. The Department of
Finance shall, within 15 days of
authorizing an increase in
expenditure authority, report to
the Joint Legislative Budget
Committee on the authorized amount
and the necessity therefor. The
Department of Finance shall not
authorize an increase in
expenditure authority greater than
is necessary to cover the costs
incurred by the Secretary of State
for the special election.
SEC. 7. Item 1870-012-0214 of Section 2.00 of the Budget Act of
2008 is amended to read:
1870-012-0214--For transfer by the
Controller, upon order of the Director of
Finance, from the Restitution Fund to the
General Fund.............................. (80,000,000)
SEC. 8. Item 2180-011-0067 is added to Section 2.00 of the Budget
Act of 2008, to read:
2180-011-0067--For transfer by the
Controller, upon order of the Director of
Finance, from the State Corporations Fund
to the General Fund....................... (4,200,000)
SEC. 9. Item 2640-101-0046 of Section 2.00 of the Budget Act of
2008 is amended to read:
2640-101-0046--For local assistance, State
Transit Assistance, for allocation by the
Controller pursuant to Section 99312 of the
Public Utilities Code, payable from the
Public Transportation Account, State 153,217,0
Transportation Fund.......................... 00
Provisions:
1. Notwithstanding Sections 99313
and 99314 of the Public
Utilities Code, not more than
$60,397 of the amount
appropriated in this item
shall be used to reimburse the
Controller for expenditures of
administration of State Transit
Assistance funds.
2. The funds appropriated in this
item are in lieu of the funds
appropriated in subparagraphs
(B) and (C) of paragraph (1) of
subdivision (c) of Section
7104.2 of the Revenue and
Taxation Code, and paragraphs
(2) and (3) of subdivision (e)
of Section 99312 of the Public
Utilities Code.
SEC. 10. Item 2660-013-0042 is added to Section 2.00 of the Budget
Act of 2008, to read:
2660-013-0042--For transfer by the
Controller from the State Highway
Account, State Transportation Fund, to
the Transportation Debt Service Fund to
be used as specified in Section 16965
of the Government Code ................. (250,000,000)
Provisions:
1. The funds transferred by this
item shall reimburse the
General Fund for debt service
payments related to bond
expenditures consistent
with Article XIX of the
California Constitution in
the following priority order:
(a) Debt service payments
made in the 2008-09
fiscal year.
(b) Debt service payments
made in the 2007-08
fiscal year and prior
fiscal years.
SEC. 11. Item 2660-302-0042 of Section 2.00 of the Budget Act of
2008 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....... 647,800,000
Schedule:
(1 20-Highway Transportation.. 1,797,800
) ,000
(a) State
Highway
Operation
and
Protection (1,797,800,0
Program... 00)
(2 Reimbursements............. -1,150,00
) 0,000
Provisions:
1. These funds shall be available for
allocation by the California
Transportation Commission until June
30, 2010, and available for
encumbrance and liquidation until
June 30, 2014.
2. Notwithstanding any other provision
of law, funds appropriated in this
item may be transferred to Item 2660-
101-0042, 2660-102-0042, 2660-301-
0042, or 2660-311-0042. These
transfers shall require the prior
approval of the Department of
Finance.
3. The Director of Finance may increase
this item pursuant to allocations
made from tribal gaming bond
revenues no sooner than 30 days
after written notification of the
allocation is provided to the
chairpersons of the fiscal
committees in each house of the
Legislature and the Chairperson of
the Joint Legislative Budget
Committee, or not sooner than
whatever lesser time the Chairperson
of the Joint Legislative Budget
Committee, or his or her designee,
may determine.
4. No funds appropriated in this item
are available for expenditure on
specialty building facilities. For
the purpose of this item, specialty
building facilities are equipment
facilities, maintenance facilities,
material laboratories, and traffic
management centers.
SEC. 12. Item 2660-302-0890 of Section 2.00 of the Budget Act of
2008 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..................................... 1,526,200,000
Schedule:
(1 20-Highway Transportation.. 1,526,200
) ,000
(a) State
Highway
Operation
and
Protection (1,526,200,0
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, 2010.
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.
5. Of the funds appropriated in this
item, $100,000,000 is attributable
to anticipated federal economic
stimulus funding. The Director of
Finance may decrease the authority
in this item by up to $100,000,000
if anticipated federal economic
stimulus funding is not received.
SEC. 13. Item 3560-011-0347 is added to Section 2.00 of the Budget
Act of 2008, to read:
3560-011-0347--For transfer by the
Controller, upon order of the Director of
Finance, from the School Land Bank Fund to
the General Fund........................... (61,000,000)
Provisions:
1. The amount transferred in this
item is a loan to the General
Fund. The repayment shall be
made so as to ensure that the
programs supported by the
School Land Bank Fund are not
adversely affected by the
loan, but no later than June
30, 2013.
SEC. 14. Item 3680-011-0516 is added to Section 2.00 of the Budget
Act of 2008, to read:
3680-011-0516--For transfer by the
Controller, upon order of the Director of
Finance, from the Harbors and Watercraft
Revolving Fund to the General Fund......... (29,000,000)
Provisions:
1. The amount transferred in this
item is a loan to the General
Fund. The repayment shall be
made so as to ensure that the
programs supported by the
Harbors and Watercraft
Revolving Fund are not
adversely affected by the
loan, but no later than June
30, 2013.
SEC. 15. Item 3790-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
3790-001-0001--For support of Department
of Parks and Recreation.................... 138,124,000
Schedule:
(1) For support of the
Department of Parks
and Recreation....... 431,099,000
(2) Reimbursements....... -33,441,000
(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). -5,057,000
(5) Amount payable from
the California
Environmental
License Plate Fund
(Item 3790-001-0140). -3,023,000
(6) Amount payable
from the Public
Resources Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
3790-001-0235)....... -10,098,000
(7) Amount payable from
the Off-Highway
Vehicle Trust Fund
(Item 3790-001-0263). -64,243,000
(8) Amount payable from
the State Parks and
Recreation Fund
(Item 3790-001-0392). -123,804,000
(9) Amount payable from
the Winter
Recreation Fund
(Item 3790-001-0449). -353,000
(10) Amount payable from
the Harbors and
Watercraft Revolving
Fund (Item 3790-001-
0516)................ -2,168,000
(11) Amount payable from
the Federal Trust
Fund (Item 3790-001-
0890)................ -6,335,000
(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). -4,555,000
(14) Amount payable from
the Water Security,
Clean Drinking
Water, Coastal and
Beach Protection
Fund of 2002 (Item
3790-001-6031)....... -435,000
(15) Amount payable from
Safe Drinking Water,
Water Quality and
Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
3790-001-6051)....... -23,020,000
(16) Amount payable from
Safe Drinking Water,
Water Quality and
Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
3790-002-6051)....... -12,268,000
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, 2014.
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, 2009.
(c) Interest charges may be
waived pursuant to
subdivision (e) of
Section 16314 of the
Government Code.
(d) The Director of Finance
may not approve the loan
unless the approval is
made in writing and filed
with the Chairperson of
the Joint Legislative
Budget Committee and the
chairpersons of the
committees in each house
of the Legislature that
consider appropriations
not later than 30 days
prior to the effective
date of the approval,
or not sooner than
whatever lesser time that
the chairperson of the
joint committee, or his
or her designee, may
determine.
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
this item, $4,001,000 General
Fund and $1,000,000 Proposition
84 funds shall be used for
continued remediation and
treatment activities at Empire
Mine State Historic Park. Upon
approval and order of the
Director of Finance, the
Controller shall adjust the
amount included in this item for
remediation activities at Empire
Mine based on the status or
result of the mediation between
the Department of Parks and
Recreation and the Newmont Mining
Company. Any adjustment for this
purpose may be authorized no
sooner than 30 days after written
notification to the Chairperson
of the Joint Legislative Budget
Committee.
6. Notwithstanding any other
provision of law, any
expenditures during the 2008-09
fiscal year, up to $11,000,000,
for the purposes of implementing
the Department of Parks and
Recreation's multi-year plan to
comply with the Americans with
Disabilities Act shall only be
funded from the appropriation
made in Item 3790-001-6051.
7. Of the amount appropriated in
Schedule (15), $11,000,000 for
the purposes of implementing the
Department of Parks and
Recreation's multi-year plan to
comply with the Americans with
Disabilities Act shall be
available for encumbrance or
expenditure until June 30, 2011.
SEC. 16. Item 3790-001-6051 of Section 2.00 of the Budget Act of
2008 is amended to read:
3790-001-6051--For support of Department of
Parks and Recreation, payable to Item 3790-
001-0001, from the Safe Drinking Water,
Water Quality and Supply, Flood Control, 23,020,00
River and Coastal Protection Fund of 2006.... 0
Provisions:
1. Provision 5 of Item 3790-001-
0001 also applies to this item.
SEC. 17. Item 3790-011-0263 is added to Section 2.00 of the Budget
Act of 2008, to read:
3790-011-0263--For transfer by the
Controller, upon order of the Director of
Finance, from the Off-Highway Vehicle
Trust Fund to the General Fund............. (90,000,000)
Provisions:
1. The amount transferred in this
item is a loan to the General
Fund. The repayment shall be
made so as to ensure that the
programs supported by the Off-
Highway Vehicle Trust Fund are
not adversely affected by
the loan, but no later than
June 30, 2013.
SEC. 18. Item 3910-004-0226 of Section 2.00 of the Budget Act of
2003 is amended to read:
3910-004-0226--For transfer by the
Controller, upon order of the Director of
Finance, from the California Tire
Recycling Management Fund to the General
Fund....................................... (17,097,000)
Provisions:
1. The transfer made by this item
is a loan to the General Fund.
Notwithstanding any other
provision of law, this loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer. It is the intent of
the Legislature that repayment
be made so as to ensure that
the programs supported by this
fund are not adversely
affected by the loan.
2. Notwithstanding any other
provision of law, $2,097,000
of the amount transferred by
this item shall be repaid in
the second half of the 2011-12
fiscal year, with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer. It is the intent of
the Legislature that repayment
be made so as to ensure that
the programs supported by this
fund are not adversely
affected by the loan. The
Director of Finance may
therefore order that repayment
be made prior to this date to
avoid these adverse effects.
SEC. 19. Item 3910-004-0281 of Section 2.00 of the Budget Act of
2003 is amended to read:
3910-004-0281--For transfer by the
Controller, upon order of the Director of
Finance, from the Recycling Market
Development Revolving Loan Subaccount to the (1,853,00
General Fund................................. 0)
Provisions:
1. The transfer made by this item
is a loan to the General Fund.
Notwithstanding any other
provision of the law, this loan
shall be repaid in the second
half of the 2011-12 fiscal
year, with interest calculated
at the rate earned by the
Pooled Money Investment Account
at the time of the transfer. It
is the intent of the
Legislature that repayment be
made so as to ensure that the
programs supported by this fund
are not adversely affected by
the loan. The Director of
Finance may therefore order
that repayment be made prior to
this date to avoid these
adverse effects.
SEC. 20. Item 3910-007-0387 of Section 2.00 of the Budget Act of
2003 is amended to read:
3910-007-0387--For transfer by the
Controller, upon order of the Director of
Finance, from the Integrated Waste (4,768,00
Management Account to the General Fund ...... 0)
Provisions:
1. The transfer made by this item
is a loan to the General Fund.
Notwithstanding any other
provision of law, this loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money
Investment Account at the time
of the transfer. It is the
intent of the Legislature that
repayment be made so as to
ensure that the programs
supported by this fund are not
adversely affected by the loan.
2. Notwithstanding any other
provision of law, $2,768,000 of
the amount transferred by this
item shall be repaid in the
second half of the 2009-10
fiscal year, with interest
calculated at the rate earned
by the Pooled Money Investment
Account at the time of the
transfer. It is the intent of
the Legislature that repayment
be made so as to ensure that
the programs supported by this
fund are not adversely affected
by the loan. The Director of
Finance may therefore order
that repayment be made prior to
this date to avoid these
adverse effects.
SEC. 21. Item 3910-011-0226 is added to Section 2.00 of the Budget
Act of 2008, to read:
3910-011-0226--For transfer by the
Controller, upon order of the Director of
Finance, from the California Tire
Recycling Management Fund to the General
Fund ...................................... (10,000,000)
Provisions:
1. The amount transferred in this
item is a loan to the General
Fund. The repayment shall be
made so as to ensure that the
programs supported by the
California Tire Recycling
Management Fund are not
adversely affected by the
loan, but no later than June
30, 2011.
SEC. 22. Item 4140-011-0121 of Section 2.00 of the Budget Act of
2008 is amended to read:
4140-011-0121--For transfer by the
Controller, upon order of the Director of
Finance, from the Hospital Building Fund
to the General Fund........................ (20,000,000)
Provisions:
1. The amount transferred by this
item is a loan to the General
Fund and shall be repaid by
June 30, 2011. It is the
intent of the Legislature that
repayment be made so as to
ensure that the activities
supported by the Hospital
Building Fund are not
adversely affected by the loan.
SEC. 23. Item 4170-101-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
4170-101-0001--For local assistance,
Department of Aging......................... 44,870,000
Schedule:
(1) 10-Nutrition.......... 72,804,000
(2) 20-Senior Community
Employment Service.... 8,514,000
(3) 30-Supportive
Services and Centers.. 66,466,000
(4) 40-Special Projects... 46,751,000
(5) Reimbursements........ -4,559,000
(6) Amount payable from
the State HICAP Fund
(Item 4170-101-0289).. -2,246,000
(7) Amount payable from
the Federal Trust
Fund (Item 4170-101-
0890)................. -141,418,000
(8) Amount payable from
the Federal Health
Facilities Citation
Penalties Account,
Special Deposit Fund
(Item 4170-103-0942).. -1,442,000
Provisions:
1. 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.
2. To the extent the United States
enacts a minimum wage equal to or
greater than that of California,
state funding provided in this
item for the Senior Community
Service Employment Program shall
revert to the General Fund.
3. Of the funds appropriated in this
item, the Controller shall
reimburse from Program 40-Special
Projects, $22,732,000 upon
enactment of the Budget Act to the
State Department of Health Care
Services for support of the
Multipurpose Senior Services
Program.
SEC. 24. Item 4300-101-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
4300-101-0001--For local assistance,
Department of Developmental Services,
for Regional Centers..................... 2,354,099,000
Schedule:
(1) 10.10.010-
Operations.......... 521,216,000
(2) 10.10.020-Purchase 3,330,454,00
of Services......... 0
(3) 10.10.060-Early
Intervention
Programs............ 20,095,000
(4) Reimbursements...... -1,289,287,0
00
(5) Amount payable from
the Public
Transportation
Account, State
Transportation Fund
(Item 4300-101-
0046)............... -138,275,000
(6) Amount payable from
Developmental
Disabilities
Program
Development Fund
(Item 4300-101-
0172)............... -1,147,000
(7) Amount payable from
Federal Trust Fund
(Item 4300-101-
0890)............... -88,957,000
Provisions:
1. Upon order of the Director of
Finance, the Controller shall
transfer such funds as are
necessary between this item
and Item 4300-003-0001. Within
10 working days after approval
of a transfer as authorized by
this provision, the Department
of Finance shall notify the
chairpersons of the fiscal
committees in each house of the
Legislature and the Chairperson
of the Joint Legislative Budget
Committee of the transfer,
including the amount
transferred, how the amount
transferred was determined, and
how the amount transferred will
be utilized.
2. A loan shall be made available
from the General Fund to the
State Department of
Developmental Services not to
exceed a cumulative total of
$160,000,000. The loan funds
shall be transferred to this
item as needed to meet cashflow
needs due to delays in
collecting reimbursements from
the Health Care Deposit Fund,
and are subject to the repayment
provisions of Section 16351 of
the Government Code.
3. Upon order of the Director of
Finance, the Controller shall
transfer funds as are necessary
between this item and Item 5160-
001-0001 to provide for the
transportation costs to and from
work activity programs of
clients who are receiving
vocational rehabilitation
services through the Vocational
Rehabilitation/Work Activity
Program (VR/WAP) Transition
Program.
4. $1,826,000 of the funds
appropriated in this item may be
used to augment service provider
rates for the work needed to
obtain information to secure
federal participation under the
Home and Community-Based
Services Waiver program.
Eligible providers are those
service providers who are
qualified providers under
Title XIX of the Social Security
Act, are not currently providing
the required information, and
are serving individuals enrolled
under the Home and Community-
Based Services Waiver program.
5. Notwithstanding Section 26.00,
the Department of Finance may
authorize transfer of
expenditure authority between
Schedules (1) and (2) in order
to more accurately reflect
expenditures in the Early
Intervention federal grant
program (Part C of the
Individuals with Disabilities
Education Act).
6. It is the intent of the
Legislature for the State
Department of Health Care
Services and the State
Department of Developmental
Services to collaboratively work
with stakeholders, including
providers and diverse
constituency groups as deemed
appropriate, regarding the
bundling of rates for the
reimbursement of intermediate
care facilities for the
developmentally disabled,
including habilitative and
nursing facilities. It is the
intent of the Legislature that
any changes made by the state
shall be seamless to the
providers of services affected
by the changes, as well as to
the consumers and their families
that are provided services
through the Regional Center
system. The integrity of the
individual program plan process
described in the Lanterman
Developmental Disabilities
Services Act (Division 4.5
(commencing with Section 4500)
of the Welfare and Institutions
Code) shall be maintained
throughout this process and
shall not be affected by any
changes made to implement the
bundled rates.
7. Of the funds appropriated in
Schedule (2), the amount
identified by the State
Department of Developmental
Services for self-directed
services shall be available for
encumbrance until June 30, 2010,
and for liquidation until June
30, 2011.
8. Upon the order of the Department
of Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4300-103-0001 in order to
effectively administer the Self-
Directed Services Risk Pool Fund.
9. It is the intent of the
Legislature for the California
Children and Families Commission
to utilize at least $5,000,000
in funds from any of its
accounts for information,
services, and supports provided
under the Early Start Program as
administered by the State
Department of Developmental
Services. This language is not
intended to affect any
contingencies or emergencies of
which the Department of Finance
may choose to notify the
Legislature in the 2008-09
fiscal year.
SEC. 25. Item 5180-111-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
5180-111-0001--For local assistance,
Department of Social Services............ 5,482,906,000
Schedule:
(1) 16.70-SSI/SSP....... 3,672,111,00
0
(2) 25.15-IHSS.......... 5,330,297,00
0
(3) 25.20-Recipient
Supplementary
Payment............. 44,176,000
(4) Reimbursements...... -3,563,678,0
00
Provisions:
1. Provisions 1 and 4 of Item 5180-
101-0001 also apply to this item.
2. Notwithstanding Chapter 1
(commencing with Section 18000)
of Part 6 of Division 9 of the
Welfare and Institutions Code, a
loan not to exceed $240,000,000
shall be made available from the
General Fund from funds not
otherwise appropriated, to cover
the federal share or
reimbursable share, or both, of
costs of a program or programs
when the federal funds or
reimbursements (from the Health
Care Deposit Fund or counties)
have not been received by this
state prior to the usual time
for transmitting payments for
the federal or reimbursable
share of costs for this state.
That loan from the General Fund
shall be repaid when the federal
share of costs for the program
or programs becomes available,
or in the case of
reimbursements, subject to
Section 16351 of the Government
Code. County reimbursements also
shall be subject to Section
16314 of the Government Code,
which specifies the rate of
interest. The department may
offset a county's share of cost
of the In-Home Supportive
Services (IHSS) program against
local assistance payments made
to the county if the county
fails to reimburse its share of
cost of the IHSS program to the
state.
3. The State Department of Social
Services shall provide technical
assistance to counties to ensure
that they maximize the receipt
of federal funds for the In-Home
Supportive Services (IHSS)
program, without compromising
the quality of the services
provided to IHSS recipients.
4. The Director of Finance may
authorize the transfer of
amounts from this item to Item
5180-001-0001 in order to fund
increased costs due to workload
associated with the retroactive
reimbursement of Medi-Cal
services for the In-Home
Supportive Services program to
comply with the Conlan v. Shewry
court decision. The Department
of Finance shall report to the
Legislature the amount to be
transferred pursuant to this
provision and the number of
positions to be established by
the State Department of Social
Services. The transfer shall
be authorized at the time the
report is made. The State
Department of Social Services
shall review the workload
associated with the Conlan v.
Shewry decision during the 2008-
09 fiscal year and may
administratively establish
positions as the workload
requires.
5. The Director of Finance may
authorize the transfer of
amounts from this item to Item
5180-001-0001 in order to fund
the cost of the administrative
hearing process associated with
changes in aid or service
payments in the In-Home
Supportive Services program. The
Department of Finance shall
report to the Legislature the
amount to be transferred
pursuant to this provision. The
transfer shall be authorized at
the time the report is made.
SEC. 26. Item 5225-101-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
5225-101-0001--For local assistance,
Department of Corrections and
Rehabilitation.............................. 171,141,000
Schedule:
(1) 15-Corrections
Standards Authority... 106,577,000
(2) 20-Juvenile
Operations............ 78,000
(3) 22-Juvenile Paroles... 1,403,000
(4) 25.15.010-Adult
Corrections and
Rehabilitation
Operations--
Transportation of
Inmates............... 278,000
(5) 25.15.020-Adult
Corrections and
Rehabilitation
Operations-- Return
of Fugitives.......... 2,593,000
(6) 25.30-Adult
Corrections and
Rehabilitation
Operations-- County
Charges............... 16,480,000
(7) 30-Parole Operations-
- Adult............... 43,732,000
Provisions:
1. The amount appropriated in
Schedules (4), (5), (6), and (7)
is provided for the following
purposes:
(a) To pay the transportation
costs of prisoners to and
between state prisons,
including the return of
parole violators to prison
and for the conveying of
persons under provisions
of Division 3 (commencing
with Section 3000) of the
Welfare and Institutions
Code and the Western
Interstate Corrections
Compact (Section 11190 of
the Penal Code), in
accordance with Section
26749 of the Government
Code. Claims filed by
local jurisdictions shall
be filed within six months
after the end of the month
in which those
transportation costs are
incurred. Expenditures
shall be charged to either
the fiscal year in which
the claim is received by
the Controller or the
fiscal year in which the
warrant is issued by the
Controller. Claims filed
by local jurisdictions
directly with the
Controller may be paid by
the Controller.
(b) To pay the expenses of
returning fugitives from
justice from outside the
state, in accordance with
Sections 1389, 1549, and
1557 of the Penal Code.
Claims filed by local
jurisdictions shall be
filed within six months
after the end of the month
in which expenses are
incurred. Expenditures
shall be charged to either
the fiscal year in which
the claim is received by
the Controller or the
fiscal year in which the
warrant is issued by the
Controller, and any
restitution received by
the state for those
expenses shall be credited
to the appropriation of
the year in which the
Controller's receipt is
issued. Claims filed by
local jurisdictions
directly with the
Controller may be paid by
the Controller.
(c) To pay county charges,
payable under Sections
4700.1, 4750 to 4755,
inclusive, and 6005 of the
Penal Code. Claims shall
be filed by local
jurisdictions within six
months after the end of
the month in which a
service is performed by
the coroner, a hearing is
held on the return of a
writ of habeas corpus, the
district attorney declines
to prosecute a case
referred by the Department
of Corrections and
Rehabilitation, a judgment
is rendered for a court
hearing or trial, an
appeal ruling is rendered
for the trial judgment, or
an activity is performed
as permitted by these
sections. Expenditures
shall be charged to either
the fiscal year in which
the claim is received by
the Controller or the
fiscal year in which the
warrant is issued by the
Controller. Claims filed
by local jurisdictions
directly with the
Controller may be paid by
the Controller.
(d) To reimburse counties for
the cost of detaining
state parolees pursuant to
Section 4016.5 of the
Penal Code. Claims shall
be filed by local
jurisdictions within six
months after the end of
the month in which the
costs are incurred. Claims
filed by local
jurisdictions may not
include booking fees, may
not recover detention
costs in excess of $77.17
per day, and shall be
limited to the detention
costs for those days on
which parolees are held
subject only to a
Department of Corrections
and Rehabilitation request
pursuant to subdivision
(b) of Section 4016.5 of
the Penal Code.
Expenditures shall be
charged to either the
fiscal year in which the
claim is received by the
Department of Corrections
and Rehabilitation or the
fiscal year in which the
warrant is issued.
2. Notwithstanding any other
provision of law, upon 30-day
prior notification to the
Chairperson of the Joint
Legislative Budget Committee,
funds appropriated in Schedule (7)
of this item may be transferred to
Schedule (8) or (9), or both, of
Item 5225-001-0001, upon order of
the Director of Finance, to
provide funds for the
reimbursement of counties for the
cost of holding parole violators
in local jails or for the auditing
or monitoring of local assistance
costs.
3. The amounts appropriated in
Schedules (2) and (3) are provided
for the following purposes:
(a) To pay the transportation
costs of persons
committed to the
Department of Corrections
and Rehabilitation to or
between its facilities,
including the return of
parole violators, provided
that expenditures made
under this item shall be
charged to either the
fiscal year in which the
claim is received by the
Controller or the fiscal
year in which the warrant
is issued by the
Controller. However,
claims shall be filed by
local jurisdictions within
six months after the end
of the month in which the
costs are incurred.
(b) To reimburse counties,
pursuant to Section 1776
of the Welfare and
Institutions Code, for the
cost of the detention of
the Department of
Corrections and
Rehabilitation parolees
who are detained on
alleged parole violations,
provided that expenditures
made under this item shall
be charged to either the
fiscal year in which the
claim is received by the
Controller or the fiscal
year in which the warrant
is issued by the
Controller. However,
claims shall be filed by
local jurisdictions within
six months after the end
of the month in which the
costs are incurred.
SEC. 27. Item 6440-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6440-001-0001--For support of University
of California............................ 2,930,023,000
Schedule:
(1) Support............. 3,118,116,00
0
(2) Charles R. Drew
Medical Program..... 8,738,000
(3) Acquired Immune
Deficiency Syndrome
(AIDS) Research..... 9,214,000
(4) Student Financial
Aid................. 52,199,000
(5) Loan Repayments..... 5,105,000
(6) San Diego
Supercomputer
Center.............. 3,240,000
(8) Unallocated
Reduction........... -266,589,000
Provisions:
1. The appropriations made in this
item are exempt from Section
31.00.
2. None of the funds appropriated
in this item may be expended to
initiate major capital outlay
projects by contract without
prior legislative approval,
except for cogeneration and
energy conservation projects.
Funds appropriated in this item
may be used for capital
expenditures as well as payment
of debt service for such
exempted capital projects.
Exempted projects shall be
reported in a manner consistent
with the reporting procedures in
subdivision (e) of Section 28.00.
Funds appropriated in this item
may be used for capital
expenditures as well as payment
of debt service associated with
the Energy Partnership Program,
whereby the University of
California will receive
financial incentives from state
investor-owned utilities to
undertake energy conservation
projects. The use of state
operations funding for these
energy savings projects may not
infringe on the university's
funding for its instructional
support activities. The Director
of Finance may authorize
program expenditures for the
list of planned projects not
sooner than 30 days after
notification in writing is
provided to the chairpersons of
the committees in each house of
the Legislature that consider
appropriations, the chairpersons
of the committees and the
appropriate subcommittees in
each house of the Legislature
that consider the State Budget,
and the Chairperson of the Joint
Legislative Budget Committee.
The list of planned projects
submitted for approval for a
given funding cycle should be
all-inclusive and may include
projects that eventually may not
be initiated during that funding
cycle. A project not included on
the list of planned projects for
that funding cycle, but with
which the university wishes to
proceed during the budget year,
may be treated as an exempted
project as described above and
reported in a manner consistent
with the reporting procedures in
subdivision (e) of Section
28.00. No later than November 15
of each year, the university
shall prepare a report
describing the identified
projects funded under the Energy
Partnership Program in the prior
year. The report shall include
the cost of each project, how
the cost is being funded,
including the amount funded from
support budget funds and
investor-owned utility incentive
awards, and the projected amount
of energy savings. These reports
will sunset at the end of the
program.
3. The funds appropriated in
Schedule (2) are for support of
University of California
programs of clinical health
sciences education, research,
and public service, conducted in
conjunction with the Charles R.
Drew University of Medicine and
Science, as provided for in
Sections 1, 2, and 3 of Chapter
1140 of the Statutes of 1973. Of
the funds appropriated, $500,000
is contingent upon the provision
by the University of California
of an equal amount of matching
funds from its own
resources. The University of
California shall ensure by
adequate controls that funds
appropriated in Schedule (2) are
expended solely for the support
of the program identified in
that schedule.
4. The funds appropriated in
Schedule (4) are for support of
Program 45, Student Financial
Aid, to provide financial aid to
needy students attending the
University of California,
according to the nationally
accepted needs analysis
methodology.
5. Of the funds appropriated in
Schedule (1), $2,762,129 is for
payment of energy service
contracts in connection with the
issuance of State Public Works
Board Energy Efficiency Revenue
Bonds.
6. Of the funds appropriated in
Schedule (5), $2,700,000 is for
repayment of $25,000,000
borrowed by the University of
California for deferred
maintenance in the 1994-95
fiscal year. It is the intent of
the Legislature to annually
provide funds for that repayment
purpose through the 2009-10
fiscal year.
7. Of the funds appropriated in
Schedule (5), $2,405,000 is for
repayment of $25,000,000
borrowed by the University of
California for deferred
maintenance in the 1995-96
fiscal year. It is the intent of
the Legislature to annually
provide funds for that repayment
purpose through the 2010-11
fiscal year.
8. Of the funds appropriated in
Schedule (1), $1,897,200 is for
the California State Summer
School for Mathematics and
Science (COSMOS). The University
of California shall report on
the outcomes and effectiveness
of COSMOS every five years,
commencing April 1, 2011.
9. The University of California
(UC) shall report to the
Legislature and the Governor by
February 1 of each year on its
progress toward increasing the
quality and supply of science
and mathematics teachers
resulting from implementation of
the Science and Math Teacher
Initiative. This report shall
include the following
information: (a) annual number
of mathematics and science
teachers awarded credentials (by
each UC campus) beginning with
the 2004-05 academic year
(before the state first
provided funding for the
initiative), (b) an expenditure
plan on the use of the funds
appropriated in this item, (c)
the effectiveness of the
initiative's different
components and activities,
including an identification of
best practices, and (d) the job
placement of students who earn a
mathematics or science teaching
credential, including the
location of the K-12 school of
employment and whether it is in
an urban, rural, or suburban
setting.
10. The University of California
shall report to the Legislature
by March 15, 2009, on whether it
has met its 2008-09 academic
year enrollment goal.
11. Of the funds appropriated in
Schedule (1), $1,050,000 is
to support 70 full-time
equivalent students in the
Program in Medical Education
(PRIME) at the Irvine, Davis,
San Diego, and San Francisco
campuses. The primary purpose of
this program is to train
physicians specifically to serve
in underrepresented communities.
The University of California
shall report to the Legislature
by March 15, 2009, on (a) its
progress in implementing the
PRIME program and (b) the use of
the total funds provided for
this program from both state and
nonstate resources.
12. The university shall report to
the Legislature and the Governor
by May 1, 2009, on the total
enrollment in the 2007-08 and
2008-09 academic years in the
entry-level clinical and
master's degree nursing programs
and the master's of science
nursing degree programs.
13. It is the intent of the
Legislature that the University
of California submit an annual
report by March 1 of each year
through the 2010-11 fiscal year
to the Joint Legislative Budget
Committee, legislative fiscal
subcommittees, and the
Department of Finance on the
university's progress in
reforming its compensation
policies and practices,
reflecting the criteria
specified in Provision 27 of
Item 6440-001-0001 of the Budget
Act of 2006 (Chs. 47 and 48,
Stats. 2006).
14. Of the funds appropriated in
Schedule (1), $19,300,000 is for
student academic preparation and
education programs (SAPEP) and
is to be matched with
$12,000,000 from existing
university resources, for a
total of $31,300,000 for these
programs. The University of
California shall provide a plan
to the Department of Finance and
the fiscal committees of each
house of the Legislature for
expenditure of both state and
university funds for SAPEP by
September 1 of each year.
15. The amount appropriated in
Schedule (1) reflects a
reduction of $32,300,000 to
institutional support.
17. Of the funds appropriated in
Schedule (1), $693,000 is for
the Welfare Policy Research
Project, pursuant to Article 9.7
(commencing with Section 11526)
of Chapter 2 of Part 3 of
Division 9 of the Welfare and
Institutions Code.
18. Of the funds appropriated in
Schedule (1), $427,500 shall be
expended for the Center for
Earthquake Engineering Research,
contingent upon the center
continuing to receive federal
matching funds from the National
Science Foundation.
19. Of the funds appropriated in
Schedule (1), $346,500 shall be
expended for viticulture and
enology research, contingent
upon the receipt of an equal
amount of private sector
matching funds.
20. Of the funds appropriated in
Schedule (1), $16,200,000 is for
substance abuse research at the
Department of Neurology at the
University of California, San
Francisco.
21. Of the funds appropriated in
Schedule (1), $693,000 shall be
used for lupus research at the
University of California, San
Francisco.
22. Of the funds appropriated in
Schedule (1), $1,385,100 shall
be used to expand spinal cord
injury research.
23. Of the funds appropriated in
Schedule (1), $3,463,000 is to
fund the Medical Investigation
of Neurodevelopment Disorders
(MIND) Institute, including
$3,150,000 for a research grants
program.
24. Of the funds appropriated in
Schedule (1), $0 is to support
research on labor and employment
and labor education throughout
the University of California
system.
25. The amount appropriated in this
item reflects a $5,000,000 one-
time reduction to the Subject
Matter Projects. An identical
amount is appropriated in Item
6110-195-0890 from federal Title
II carryover funds to ensure the
projects can be maintained in
the 2008-09 fiscal year.
26. To the extent funds are
available in Schedule (1), and
contingent upon the receipt of
an equal amount of private
sector matching funds, the
University of California shall
allocate funds for the
California Institute for
Quantitative Biosciences for
the purpose of enhancing
innovative, cost-effective
technologies and therapies in
health care.
SEC. 28. Item 6600-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6600-001-0001--For support of Hastings
College of the Law......................... 10,229,000
Provisions:
1. The appropriation made in this
item is exempt from Section
31.00.
2. The amount appropriated in
this item reflects a 10-
percent reduction to
institutional support.
SEC. 29. Item 6610-001-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6610-001-0001--For support of California
State University......................... 2,844,364,000
Schedule:
(1) Support............. 3,082,555,00
0
(2) Unallocated
Reduction........... -238,191,000
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. The California State University
(CSU) 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 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
shall provide a preliminary
report to the Legislature by
March 15, 2009, and a final
report by May 1, 2009, on
whether it has met its 2008-09
academic year enrollment goal.
7. The California State University
shall report to the Legislature
and the Governor by May 1, 2009,
on the total enrollment in the
2007-08 and 2008-09 academic
years in the baccalaureate
nursing degree and entry-level
master's nursing degree programs.
8. The amount appropriated in
Schedule (1) reflects a
reduction of $43,199,000 to
institutional support.
9. 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.
10. 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.
SEC. 30. Item 6610-002-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6610-002-0001--For support of the California
State University for transfer to and in
augmentation of Item 6610-001-0001, for the
purpose of providing direct costs and
administrative overhead expenses for the
Assembly, Senate, Executive, and Judicial
Fellows programs and the Center for
California Studies........................... 3,040,000
Schedule:
(1) Center for California
Studies-- Fellows
Program............... 602,000
(2) Center for California
Studies-- Other...... 37,000
(3) Assembly Fellows...... 565,287
(4) Senate Fellows........ 565,287
(5) Executive Fellows..... 565,287
(6) Judicial Fellows...... 402,139
(7) LegiSchool Project.... 114,000
(8) Sacramento Semester
Internship Program.... 56,000
(9) Unscheduled........... 328,000
(10) Unallocated Reduction. -195,000
SEC. 31. Item 8120-013-0268 is added to Section 2.00 of the Budget
Act of 2008 to read:
8120-013-0268--For transfer by the
Controller, upon order of the Director of
Finance, from the Peace Officers' Training (5,000,00
Fund, to the General Fund.................... 0)
Provisions:
1. The amount transferred in this
item is a loan to the General
Fund and shall be repaid by
December 31, 2010. This loan
shall be repaid with interest
calculated at the rate earned
by the Pooled Money
Investment Account at the time
of the transfer. Repayment
shall be made so as to ensure
that the programs supported by
the Peace Officers' Training
Fund are not adversely affected.
SEC. 32. Item 8660-011-0470 of Section 2.00 of the Budget Act of
2008 is amended to read:
8660-011-0470--For transfer by the
Controller from the California High-Cost
Fund-B Administrative Committee Fund to
the General Fund........................... (75,000,000)
Provisions:
1. The amount transferred in this
item is a loan to the General
Fund and shall be repaid by
June 30, 2011. Repayment shall
be made so as to ensure that
the programs supported by the
California High-Cost Fund-
B Administrative Committee
Fund are not adversely
affected by the loan.
SEC. 33. Item 8660-011-0471 of Section 2.00 of the Budget Act of
2008 is amended to read:
8660-011-0471--For transfer by the
Controller from the Universal Lifeline
Telephone Service Trust Administrative
Committee Fund to the General Fund......... (45,000,000)
Provisions:
1. The amount transferred in this
item is a loan to the General
Fund and shall be repaid by
June 30, 2011. Repayment shall
be made so as to ensure that
the programs supported by the
Universal Lifeline Telephone
Service Trust Administrative
Committee Fund are not
adversely affected by the loan.
SEC. 34. Item 8660-011-0483 of Section 2.00 of the Budget Act of
2008 is amended to read:
8660-011-0483--For transfer by the
Controller from the Deaf and Disabled
Telecommunications Program Administrative
Committee Fund to the General Fund......... (30,000,000)
Provisions:
1. The amount transferred in this
item is a loan to the General
Fund and shall be repaid by
June 30, 2011. Repayment shall
be made so as to ensure that
the programs supported by the
Deaf and Disabled
Telecommunications Program
Administrative Committee Fund
are not adversely affected by
the loan.
SEC. 35. Item 9210-101-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
9210-101-0001--For local assistance, Local
Government Financing....................... 124,950,000
Provisions:
1. For allocation by the
Controller to local
jurisdictions for public
safety as determined by the
Director of Finance pursuant
to Chapter 6.7 (commencing
with Section 30061) of
Division 3 of Title 3 of the
Government Code.
2. Notwithstanding any other
provision of law, the funds
appropriated in this item
shall be available for
expenditure until June 30,
2010. These funds shall be
used to supplement and not
supplant existing services.
SEC. 36. Section 3.90 is added to the Budget Act of 2008, 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 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 $385,762,000 from General Fund
items and $285,196,000 from items relating to other funds. It is the
intent of the Legislature that General Fund savings of $1,024,326,000
and other fund savings of $688,375,000 in the 2009-10 fiscal year
shall be achieved in the same manner described above. The Director of
Finance shall allocate the necessary reduction 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. 37. Section 8.25 is added to the Budget Act of 2008, to read:
Sec. 8.25. (a) Any amounts received in the 2008-09 and 2009-10
fiscal years from the federal government as part of an economic
stimulus or similar legislation shall be deposited in the Federal
Trust Fund. Notwithstanding Section 28.00, the Department of Finance
may authorize expenditure of these funds in a manner consistent with
federal law and that offsets General Fund expenditures otherwise
authorized in this act. The Director of Finance is authorized to
reduce any General Fund items of appropriations due to the receipt
and expenditure of these federal funds.
(b) For any adjustments made under the authority of this section,
the Department of Finance shall provide notification in writing to
the Chairperson of the Joint Legislative Budget Committee not less
than 30 days prior to the effective date of the adjustment, or not
sooner than whatever lesser time the chairperson of the joint
committee, or his or her designee, may in each instance determine.
The notification to the chairperson of the joint committee shall
include, at a minimum, the amounts of the proposed appropriation
adjustments, a description of any assumptions used in making the
adjustments, and the relevant federal authority.
SEC. 38. Section 28.00 of the Budget Act of 2008 is amended to
read:
Sec. 28.00. (a) It is the intent of the Legislature in enacting
this section to provide flexibility for administrative approval of
augmentations for the expenditure of unanticipated federal funds or
other nonstate funds in cases that meet the criteria set forth in
this section. However, this section does not provide an alternative
budget process, and proposals for additional spending ordinarily
should be considered in the annual State Budget or other state
legislation. Specifically, augmentations for items which the
administration had knowledge to include in its 2008-09 budget plan
should not be submitted through the process provided by this section.
Augmentations for items which can be deferred to 2009-10 should be
included in the administration's 2009-10 budget proposals.
(b) The Director of Finance may authorize the augmentation of the
amount available for expenditure for any program, project, or
function in the schedule of any appropriation in this act or any
additional program, project, or function equal to the amount of any
additional, unanticipated funds that he or she estimates will be
received by the state during the 2008-09 fiscal year from any agency
of local government or the federal government, or from any other
nonstate source, provided that the additional funding meets all of
the following requirements:
(1) The funds will be expended for a purpose that is consistent
with state law.
(2) The funds are made available to the state under conditions
permitting their use only for a specified purpose, and the additional
expenditure proposed under this section would apply to that
specified funding purpose.
(3) Acceptance of the additional funding does not impose on the
state any requirement to commit or expend new state funds for any
program or purpose.
(4) The need exists to expend the additional funding during the
2008-09 fiscal year.
(c) In order to receive consideration for an augmentation, an
agency shall either (1) notify the director within 45 days of
receiving official notice of the availability of additional,
unanticipated funds, or (2) explain in writing to the director why
that notification was infeasible or impractical. In either case, the
recipient agency shall provide the director a copy of the official
notice of fund availability.
(d) The director also may reduce any program, project, or function
whenever he or she determines that funds to be received will be less
than the amount taken into consideration in the schedule.
(e) Any augmentation or reduction that exceeds either (1) $400,000
or (2) 10 percent of the amount available for expenditure in the
affected program, project, or function may be authorized not sooner
than 30 days after notification in writing of the necessity therefor
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, or not sooner than whatever
lesser time the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, may in each instance determine.
With regard to any proposed augmentation, the notification shall
state the basis for the determination by the director that the
augmentation meets each of the requirements set forth in subdivisions
(b) and (c). This notification shall include the date that the
recipient department received official notice of the additional
funds, and a copy of the agency's written explanation if a 45-day
notice was not provided to the director. This notification
requirement does not apply to federal funds related to caseload
increases in Medi-Cal, California Work Opportunity and Responsibility
to Kids (CalWORKs), and Supplemental Security Income/State
Supplementary Program (SSI/SSP).
(f) Any personnel action that is dependent on funds subject to
this section shall not be effective until after the provisions of
this section have been complied with. Any authorization made pursuant
to this section shall remain in effect for the period the director
may determine in each instance, but in no event after June 30, 2009.
(g) Any federal funds received as a result of federal legislation
enacted after January 1, 2009, shall be deemed unanticipated for the
purposes of this section.
SEC. 39. Section 35.10 is added to the Budget Act of 2008, to
read:
Sec. 35.10. (a) For purposes of subdivision (d) of Section 13308
of the Government Code, the Director of Finance shall provide to the
Legislature, on June 8, 2009, or six calendar days after the next
statewide election, whichever is later, instead of May 14, 2009, all
of the following: (a) an estimate of General Fund revenues for the
2008-09 and 2009-10 fiscal years, (b) any proposals to reduce
expenditures to reflect updated revenue estimates, and (c) all
proposed adjustments that are necessary to reflect updated estimates
of state funding required pursuant to Section 8 of Article XVI of the
California Constitution, or to reflect caseload enrollment or
population changes.
SEC. 40. This act addresses the fiscal emergency declared by the
Governor by proclamation on December 19, 2008, pursuant to
subdivision (f) of Section 10 of Article IV of the California
Constitution.
SEC. 41. 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:
In order that necessary adjustments by this act to the
appropriations in the Budget Act of 2003 and the Budget Act of 2008
for support of state government for the 2008-09 fiscal year be made
as soon as possible, to address the fiscal emergency declared by the
Governor, it is necessary that this act take effect immediately.