BILL NUMBER: AB 98 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 14, 2011
AMENDED IN SENATE JUNE 9, 2011
AMENDED IN SENATE MARCH 14, 2011
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Allen, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2011
An act to amend and supplement the Budget Act of 2011 by amending
Items 0250-101-0932, 0250-111-0001, 0502-001-9730, 0520-001-0044,
0520-011-0890, 0530-001-0001, 0530-001-0890, 0530-001-9732,
0530-017-3163, 0540-001-0005, 0540-001-0140, 0540-001-0890,
0540-001-6029, 0540-001-6031, 0552-001-0001, 0555-001-0044,
0555-001-0890, 0690-001-0001, 0690-102-0001, 0690-102-0241,
0690-112-0001, 0820-001-0001, 0840-001-0001, 0840-001-0970,
0845-001-0217, 0845-101-0217, 0890-001-0001, 0950-001-0001,
0971-001-0528, 1110-001-0770, 1730-001-0001, 1730-001-0242,
1760-001-0602, 1920-011-0001, 2240-001-0648, 2240-001-0890,
2240-001-6038, 2240-101-0001, 2240-101-0890, 2240-101-6038,
2320-001-0317, 2600-001-0042, 2660-001-0042, 2660-001-0890,
2660-002-3007, 2660-004-6055, 2660-004-6056, 2660-004-6058,
2660-004-6064, 2660-004-6072, 2660-102-0890, 2660-104-6043,
2660-104-6055, 2660-104-6056, 2660-104-6060, 2660-104-6062,
2660-302-0042, 2660-302-0890, 2660-304-6043, 2660-304-6055,
2660-304-6056, 2660-304-6059, 2660-304-6072, 2665-004-6043,
2740-001-0044, 2740-001-0064, 3340-001-0001, 3340-001-0318,
3360-001-0382, 3360-001-0465, 3480-001-0001, 3480-001-3046,
3480-001-6031, 3480-001-6051, 3500-001-0133, 3540-001-0001,
3600-001-0001, 3600-001-0200, 3600-001-0320, 3600-001-3103,
3600-001-6051, 3600-301-0235, 3640-301-0262, 3640-301-0447, 3640-490,
3680-001-0516, 3680-101-0516, 3680-301-0516, 3720-001-0001,
3760-001-0565, 3760-001-6051, 3760-001-6076, 3760-301-0262,
3760-301-0371, 3760-301-0565, 3760-301-0593, 3760-301-0890,
3760-301-6051, 3760-301-6076, 3790-001-0235, 3790-001-0392,
3790-301-6051, 3790-490, 3790-491, 3790-492, 3790-496, 3810-301-0941,
3810-301-6031, 3810-301-6051, 3810-490, 3825-301-6051,
3830-301-0104, 3835-490, 3845-301-0140, 3850-301-6029, 3860-001-0001,
3860-001-0140, 3860-001-6051, 3860-001-6052, 3875-001-0001,
3940-001-0001, 3940-001-0193, 3940-001-0439, 3960-001-0014,
4140-001-0121, 4170-001-0001, 4170-001-0890, 4170-101-0001,
4170-101-0890, 4200-001-0001, 4200-001-3113, 4200-102-0001,
4200-103-0001, 4260-001-0001, 4260-001-0890, 4260-017-0001,
4260-017-0890, 4260-101-0001, 4260-101-0080, 4260-101-0890,
4260-101-3173, 4260-102-0001, 4260-102-0890, 4260-105-0001,
4260-106-0890, 4260-111-0001, 4260-111-0080, 4260-111-0890,
4260-113-0001, 4260-113-0890, 4260-117-0001, 4260-117-0890,
4265-001-0001, 4265-001-0007, 4265-001-0234, 4265-001-0890,
4265-011-0080, 4265-111-0001, 4256-111-0009, 4265-111-0231,
4265-111-0890, 4280-001-0001, 4280-001-0890, 4280-101-0001,
4280-101-0890, 4280-101-3156, 4280-102-0001, 4280-102-0890,
4280-102-3156, 4280-103-0890, 4280-103-3055, 4280-111-0232,
4280-111-0233, 4280-111-0236, 4280-112-0233, 4280-112-3133,
4300-003-0001, 4300-004-0001, 4300-101-0001, 4300-101-0172,
4300-101-0890, 4440-001-0001, 4440-001-0890, 4440-001-3085,
4440-011-0001, 4440-101-0001, 4440-101-0890, 4440-103-3085,
4440-105-3085, 4440-295-3085, 5160-001-0001, 5160-001-0890,
5170-001-0890, 5175-001-0001, 5175-001-0890, 5175-002-0001,
5175-002-0890, 5175-101-0001, 5175-101-0890, 5180-001-0001,
5180-001-0890, 5180-101-0001, 5180-101-0122, 5180-101-0890,
5180-101-8004, 5180-111-0001, 5180-141-0001, 5180-141-0890,
5180-151-0001, 5180-151-0890, 5180-153-0001, 5180-153-0890,
5225-001-0001, 5225-001-0890, 5225-002-0001, 5225-011-0001,
5225-101-0001, 5225-301-0001, 5225-491, 6110-001-0001, 6110-001-0890,
6110-101-0231, 6110-102-0890, 6110-112-0890, 6110-113-0001,
6110-113-0890, 6110-119-0890, 6110-125-0890, 6110-134-0890,
6110-136-0890, 6110-137-0890, 6110-156-0890, 6110-161-0001,
6110-161-0890, 6110-166-0001, 6110-166-0890, 6110-170-0001,
6110-180-0890, 6110-193-0890, 6110-195-0890, 6110-196-0001,
6110-196-0890, 6110-197-0890, 6110-199-0890,
6110-201-0890, 6110-203-0001, 6110-211-0001, 6110-212-0001,
6110-240-0890, 6110-485, 6110-488, 6360-001-0408, 6440-001-0001,
6440-001-0234, 6440-001-8054, 6610-001-0001, 6610-401,
6870-101-0001, 6870-111-0001, 6870-295-0001, 7980-101-0001,
7980-101-0784, 7980-101-0890, 7100-001-0869, 7100-001-0870,
7100-002-0001, 7100-011-0588, 8380-001-0001, 8570-001-0001,
8570-001-0111, 8570-001-0516, 8570-004-0001, 8570-101-0001,
8660-001-0462, 8660-001-0890, 8660-001-3089, 8830-001-0001,
8840-001-0001, 8860-001-0001, 8860-001-6065, 8860-001-9740,
8860-011-0494, 8860-011-0797, 8860-011-0988, 8880-001-9737,
8880-001-9740, 8880-011-0001, 8885-295-0001, 8940-001-0001,
8955-001-0001, 9300-101-0001, 9620-001-0001, 9800-001-0001,
9800-001-0494, and 9800-001-0988 of, by adding Items 0250-490,
0250-491, 0520-001-0918, 0540-490, 0540-495, 0820-003-0001,
0820-011-0001, 0820-011-0378, 0911-001-0001, 1730-001-8064,
1730-001-8065, 1730-001-8066, 1730-001-8067, 1760-490, 1760-491,
2240-490, 2400-001-0890, 2660-304-6064, 2660-490, 2665-304-0890,
2665-304-6043, 2665-305-0890, 2665-305-6043, 2720-491, 2740-490,
2740-495, 3110-101-0140, 3110-101-0516, 3125-301-0262, 3125-301-0286,
3125-301-0890, 3125-301-6029, 3125-301-6031, 3125-490, 3125-491,
3125-492, 3125-493, 3125-494, 3125-495, 3125-496, 3340-492, 3480-491,
3480-492, 3500-404, 3500-405, 3540-001-3063,
3540-301-0668, 3540-494, 3600-301-3103, 3600-301-6051, 3600-491,
3640-492, 3640-493, 3720-001-0565, 3790-103-6029, 3790-401, 3790-493,
3790-494, 3790-497, 3810-496, 3825-301-6031, 3825-490, 3850-495,
3850-496, 3860-490, 3860-491, 3860-492, 3860-493, 3860-495,
3875-001-0140, 3940-490, 3940-491, 3940-492, 3940-496, 3960-001-0456,
4265-111-6051, 4265-401, 4265-491, 4300-491, 4440-103-0001,
5180-495, 5225-006-0001, 5225-007-0001, 5225-401, 6110-001-3170,
6110-490, 6110-492, 6440-301-0668, 6440-302-0668, 6440-492, 6440-493,
6440-494, 6610-301-0668, 6610-301-6028, 6610-492, 6610-493,
6610-495, 6870-301-6049, 6870-491, 6870-492, 6870-494, 7100-001-0871,
7100-012-0890, 8380-496, 8570-491, 8955-011-8048, and 8955-301-3013
to, and by repealing Items 0520-001-0890, 0820-003-3086,
1730-001-8022, 1730-001-8053, 1730-001-8055, 1730-001-8056,
3790-101-6029, 3790-102-6029, 3860-001-0744, 3860-101-6051,
6110-103-0890, 8570-011-0191, 8570-101-0191, 8570-102-0001,
8570-111-0001, 8570-403, and 9860-301-0001 of, Section 2.00 of, and
by amending Sections 3.60, 3.90, 3.91, 8.88, 12.00, 12.32, 17.00,
26.00, 28.50, 35.50, 39.00, 99.00, and 99.50 of, and by adding
Sections 3.93 , 8.25, and 25.05 to, that act, relating to
the State Budget, making an appropriation therefor, to take effect
immediately, Budget Bill.
LEGISLATIVE COUNSEL'S DIGEST
AB 98, as amended, Committee on Budget. Budget Act of 2011.
SB 69, as proposed by Conference Report No. 1 on March 7, 2011,
would make appropriations for the support of state government for the
2011-12 fiscal year.
This bill would make revisions to those appropriations in SB 69
for the 2011-12 fiscal year.
This bill would become operative only if SB 69, as proposed by
Conference Report No. 1 on March 7, 2011, is enacted on or before
January 1, 2012.
This bill would declare that it is to take effect immediately as a
Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Item 0250-101-0932 of Section 2.00
of the Budget Act of 2011 is amended to read:
0250-101-0932--For local assistance,
Judicial Branch, payable from the Trial
Court Trust Fund.......................... 3,065,501,000
Schedule:
(1) 45.10-Support for
Operation of the 2,141,184,00
Trial Courts........ 0
(2) 45.15-Trial Court
Security............ 497,780,000
(3) 45.25-Compensation
of Superior Court
Judges.............. 298,516,000
(4) 45.35-Assigned
Judges.............. 26,047,000
(5) 45.45-Court
Interpreters........ 92,794,000
(6) 45.55.060-Court
Appointed Special
Advocate Program.... 2,059,000
(7) 45.55.065-Model
Self-Help Program... 891,000
(8) 45.55.090-Equal
Access Fund......... 5,108,000
(9) 45.55.095-Family
Law Information
Centers............. 320,000
(10) 45.55.100-Civil
Case Coordination... 803,000
(11) 97.20.001-
Unallocated
Reduction........... 0
(12) Reimbursements...... -1,000
Provisions:
1. The funds appropriated in
Schedule (3) shall be made
available for costs of the
workers' compensation program
for trial court judges.
2. The amount appropriated in
Schedule (4) shall be made
available for all judicial
assignments. Schedule (4)
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.
3. The funds appropriated in
Schedule (5) shall be for
payments to contractual court
interpreters, and certified and
registered court interpreters
employed by the courts for
services provided during court
proceedings and other services
related to pending court
proceedings, including services
provided outside a courtroom,
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 the Director of Finance
annually regarding expenditures
from Schedule (5).
4. 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 must
be approved in joint
determination with the
Chairperson of the Joint
Legislative Budget Committee and
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
committee, or not sooner
than whatever lesser time the
chairperson of the joint
committee, or his or her
designee, may determine. When a
request to augment this item is
submitted to the Director of
Finance, a copy of that request
shall be delivered to the
chairpersons of the committees
and appropriate subcommittees
that consider the State Budget.
Delivery of a copy of that
request shall not be deemed to
be notification in writing for
purposes of this provision.
5. Notwithstanding any other
provision of law, upon approval
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.
6. 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.
7. Upon approval by the
Administrative Director of the
Courts, the Controller shall
transfer up to $11,274,000 to
Item 0250-001-0932 for recovery
of costs for administrative
services provided to the trial
courts by the Administrative
Office of the Courts.
8. In order to improve equal access
and the fair administration of
justice, the funds appropriated
in Schedule (8) are available
for distribution by the Judicial
Council through the Legal
Services Trust Fund Commission
in support of the Equal Access
Fund Program 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 (3) 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.
9. Funds available for expenditure
in Schedule (8) 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.
10. Sixteen (16.0) subordinate
judicial officer positions are
authorized to be converted to
judgeships in the 2011-12 fiscal
year in the manner and pursuant
to the authority described in
subparagraph (B) of paragraph
(1) of subdivision (c) of
Section 69615 of the Government
Code, as described in the notice
filed by the Judicial Council
under subparagraph (B) of
paragraph (3) of subdivision (c)
of Section 69615.
11. Notwithstanding any other
provision of law, and upon
approval of the Director of
Finance, reimbursements in
Schedule (12) may be increased
by the amount of any additional
resources collected for the
recovery of costs for court-
appointed dependency counsel
services.
12. Upon approval of the
Administrative Director of the
Courts, the Controller shall
transfer up to $556,000 of the
funding identified in Provision
11 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.
13. Upon approval of the
Administrative Director of the
Courts, the amount available for
expenditure in this item may be
augmented by the amount of
resources collected to support
the implementation and
administration of the civil
representation pilot program.
14. Upon approval of the
Administrative Director of the
Courts, the Controller shall
transfer up to $500,000 to Item
0250-001-0932 for administrative
services provided by the
Administrative Office of the
Courts to implement and
administer the Civil
Representation Pilot Program.
15. Of the amount appropriated in
this item, $10,000,000 of
planned expenditures for the
Court Case Management System
project shall instead be
redirected to offset reductions
in trial court funding in the
2011-12 fiscal year.
16. This item includes a one-time
augmentation of $170,000,000 to
offset the reductions in trial
court funding in the 2011-12
fiscal year, based on transfers
as follows: (a) $130,000,000
transferred from the fund
balance in the Immediate and
Critical Needs Account and the
State Court Facilities
Construction Fund, with specific
amounts from each fund to be
determined by the Judicial
Council, (b) a reduction of
$20,000,000 from Facility
Modifications, composed of
$10,000,000 transferred from the
Immediate and Critical Needs
Account and $10,000,000
transferred from the State Court
Facilities Construction Fund,
and (c) $20,000,000 transferred
from the Judicial Administration
Efficiency and Modernization
Fund.
17. The transfers and redirections
included in Provisions 15 and 16
and any other available court
funding, including local
reserves, are intended to be
used to prevent court closures
or reductions in court service
hours.
SECTION 1. Item 0250-101-0932 of Section 2.00 of
the Budget Act of 2011 is amended to read:
0250-101-0932--For local assistance,
Judicial Branch, payable from the Trial
Court Trust Fund.......................... 3,013,032,000
2,915,501,000
Schedule:
(1) 45.10-Support for
Operation of the 2,056,918,00
Trial Courts........
1,991,184,0 0
0
(2) 45.15-Trial Court
Security............ 529,577,000
497,780,000
(3) 45.25-Compensation
of Superior Court
Judges.............. 298,516,000
(4) 45.35-Assigned
Judges.............. 26,047,000
(5) 45.45-Court
Interpreters........ 92,794,000
(6) 45.55.060-Court
Appointed Special
Advocate Program.... 2,059,000
(7) 45.55.065-Model
Self-Help Program... 891,000
(8) 45.55.090-Equal
Access Fund......... 5,108,000
(9) 45.55.095-Family
Law Information
Centers............. 320,000
(10) 45.55.100-Civil
Case Coordination... 803,000
(11) 97.20.001-
Unallocated
Reduction........... 0
(12) Reimbursements...... -1,000
Provisions:
1. The funds appropriated in
Schedule (3) shall be made
available for costs of the
workers' compensation program
for trial court judges.
2. The amount appropriated in
Schedule (4) shall be made
available for all judicial
assignments. Schedule (4)
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.
3. The funds appropriated in
Schedule (5) shall be for
payments to contractual court
interpreters, and certified and
registered court interpreters
employed by the courts for
services provided during court
proceedings and other services
related to pending court
proceedings, including services
provided outside a courtroom,
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 the Director of Finance
annually regarding expenditures
from Schedule (5).
4. 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 must
be approved in joint
determination with the
Chairperson of the Joint
Legislative Budget Committee and
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
committee, or not sooner
than whatever lesser time the
chairperson of the joint
committee, or his or her
designee, may determine. When a
request to augment this item is
submitted to the Director of
Finance, a copy of that request
shall be delivered to the
chairpersons of the committees
and appropriate subcommittees
that consider the State Budget.
Delivery of a copy of that
request shall not be deemed to
be notification in writing for
purposes of this provision.
5. Notwithstanding any other
provision of law, upon approval
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.
6. 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.
7. Upon approval by the
Administrative Director of the
Courts, the Controller shall
transfer up to $11,274,000 to
Item 0250-001-0932 for recovery
of costs for administrative
services provided to the trial
courts by the Administrative
Office of the Courts.
8. In order to improve equal access
and the fair administration of
justice, the funds appropriated
in Schedule (8) are available
for distribution by the Judicial
Council through the Legal
Services Trust Fund Commission
in support of the Equal Access
Fund Program 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 (3) 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.
9. Funds available for expenditure
in Schedule (8) 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.
10. Sixteen (16.0) subordinate
judicial officer positions are
authorized to be converted to
judgeships in the 2011-12 fiscal
year in the manner and pursuant
to the authority described in
subparagraph (B) of paragraph
(1) of subdivision (c) of
Section 69615 of the Government
Code, as described in the notice
filed by the Judicial Council
under subparagraph (B) of
paragraph (3) of subdivision (c)
of Section 69615.
11. Notwithstanding any other
provision of law, and upon
approval of the Director of
Finance, reimbursements in
Schedule (12) may be increased
by the amount of any additional
resources collected for the
recovery of costs for court-
appointed dependency counsel
services.
12. Upon approval of the
Administrative Director of the
Courts, the Controller shall
transfer up to $556,000 of the
funding identified in Provision
11 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.
13. Upon approval of the
Administrative Director of the
Courts, the amount available for
expenditure in this item may be
augmented by the amount of
resources collected to support
the implementation and
administration of the civil
representation pilot program.
14. Upon approval of the
Administrative Director of the
Courts, the Controller shall
transfer up to $500,000 to Item
0250-001-0932 for administrative
services provided by the
Administrative Office of the
Courts to implement and
administer the Civil
Representation Pilot Program.
15. Of the amount appropriated in
this item, $10,000,000 of
planned expenditures for the
Court Case Management System
project shall instead be
redirected to offset reductions
in trial court funding in the
2011-12 fiscal year.
16. This item includes a one-time
augmentation of $170,000,000 to
offset the reductions in trial
court funding in the 2011-12
fiscal year, based on transfers
as follows: (a) $130,000,000
transferred from the fund
balance in the Immediate and
Critical Needs Account and the
State Court Facilities
Construction Fund, with specific
amounts from each fund to be
determined by the Judicial
Council, (b) a reduction of
$20,000,000 from Facility
Modifications, composed of
$10,000,000 transferred from the
Immediate and Critical Needs
Account and $10,000,000
transferred from the State Court
Facilities Construction Fund,
and (c) $20,000,000 transferred
from the Judicial Administration
Efficiency and Modernization
Fund.
17. The transfers and redirections
included in Provisions 15 and 16
and any other available court
funding, including local
reserves, are intended to be
used to prevent court closures
or reductions in court service
hours.
18. The Director of Finance may
augment this item by
$150,000,000 if sufficient state
General Fund revenues are
available. The Department of
Finance shall notify the Joint
Legislative Budget Committee of
any transfer made pursuant to
this provision.
SEC. 2. Item 0250-111-0001 of Section 2.00 of the
Budget Act of 2011 is amended to read:
0250-111-0001--For transfer by the
Controller to the Trial Court Trust Fund.. 1,414,528,000
1,316,997,000
Provisions:
1. No later than January 10,
2012, the Judicial Branch
shall submit a report to the
Legislature that details the
position classifications used
to process parole revocation
hearings, the workload
associated to the courts for
parole revocation hearings,
and any new space that was
required to administer these
hearings.
2. Of the amount appropriated in
this item, upon transfer to
the Trial Court Trust Fund,
$39,303,000 shall be used for
revocation hearings. Any
unspent funds shall revert
back to the General Fund.
3. The Director of Finance may
augment this item by
$150,000,000 if sufficient
state General Fund revenues
are available. The Department
of Finance shall notify the
Joint Legislative Budget
Committee of any transfer
made pursuant to this
provision.
SEC. 2. Item 0250-111-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
0250-111-0001--For transfer by the
Controller to the Trial Court Trust Fund.. 1,466,997,000
Provisions:
1. No later than January 10,
2012, the Judicial Branch
shall submit a report to the
Legislature that details the
position classifications used
to process parole revocation
hearings, the workload
associated to the courts for
parole revocation hearings,
and any new space that was
required to administer these
hearings.
2. Of the amount appropriated in
this item, upon transfer to
the Trial Court Trust Fund,
$39,303,000 shall be used for
revocation hearings. Any
unspent funds shall revert
back to the General Fund.
SEC. 3. Item 0250-490 is added to Section 2.00 of the Budget Act
of 2011, to read:
0250-490--Reappropriation, Capital Outlay, Judicial
Branch. 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) 0250-301-0660, Budget Act of 2010 (Ch.
712, Stats. 2010)
(1) 91.05.001-Calaveras County:
New San Andreas Courthouse-
-Construction
(2) 91.20.001-Madera County: New
Madera Courthouse--Construction
(3) 91.33.001-Riverside County:
New Riverside Mid-County
Courthouse--Construction
(4) 91.35.001-San Benito County:
New Hollister Courthouse-
-Construction
(5) 91.36.001-San Bernardino
County: New San Bernardino
Courthouse--Construction
(6) 91.39.001-San Joaquin County:
New Stockton Courthouse-
-Construction
(7) 91.48.001-Solano County:
Renovation to Fairfield Old
Solano Courthouse--Construction
(8) 91.54.001-Tulare County: New
Porterville Courthouse-
-Construction
3037--State Court Facilities Construction Fund
(1) Item 0250-301-3037, Budget Act of 2009
(Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch.1, 2009-10 4th Ex. Sess.),
as reappropriated by Item 0250-490,
Budget Act of 2010 (Ch. 712, Stats. 2010)
(11) 91.39.001-San Joaquin County:
New Stockton Courthouse-
-Working drawings
3138--Immediate and Critical Needs Account,
State Court Facilities Construction Fund
(1) Item 0250-301-3138, Budget Act of 2010
(Ch. 712, Stats. 2010)
(2) 91.48.001-Solano County:
Renovation to the Fairfield
Old Solano Courthouse--Working
drawings
SEC. 4. Item 0250-491 is added to Section 2.00 of the Budget Act
of 2011, to read:
0250-491--Reappropriation, Capital Outlay,
Judicial Branch. The balances of the
appropriations provided for in the following
citations are reappropriated for the purposes
provided for in that appropriation and shall
be available for encumbrance and expenditure
until June 30, 2013:
0660--Public Buildings Construction Fund
(1) Item 0250-301-0660, Budget Act of
2010 (Ch. 712, Stats. 2010)
(6) 91.39.001-San Joaquin County: New
Stockton Courthouse--Construction
(7) 91.48.001-Solano County:
Renovation to Fairfield Old
Solano Courthouse--Construction
SEC. 5. Item 0502-001-9730 of Section 2.00 of the Budget Act of
2011 is amended to read:
0502-001-9730--For support of California
Technology Agency, payable from the
Technology Services Revolving Fund........ 348,812,000
Schedule:
(1) 10-California
Technology Agency... 290,956,000
(2) 20-Project Review
and Oversight....... 70,744,000
(3) 30.01-
Administration...... 17,679,000
(4) 30.02-Distributed
Administration...... -17,679,000
(5) Reimbursements...... -3,179,000
(6) Amount payable from
the General Fund
(Item 0502-001-
0001)............... -3,694,000
(7) Amount payable from
the State Emergency
Telephone Number
Account (Item 0502-
001-0022)........... -2,322,000
(8) Amount payable from
the Central Service
Cost Recovery Fund
(Item 0502-001-
9740)............... -3,693,000
Provisions:
1. Notwithstanding any other
provision of law, the Director
of Finance may authorize
expenditures for the California
Technology Agency 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. Changes in project scope
must receive approval using the
established administrative and
legislative reporting
requirements.
SEC. 6. Item 0520-001-0044 of Section 2.00 of the Budget Act of
2011 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.................... 1,571,000
Schedule:
(1) 10-Administration of
Business,
Transportation and
Housing Agency.... 3,534,000
(2) 25-Infrastructure
Finance and Economic
Development Program... 8,081,000
(3) Reimbursements........ -3,505,000
(4) Amount payable from
the General Fund
(Item 0520-001-0001).. -2,374,000
(5) Amount payable from
the California
Infrastructure and
Economic Development
Bank Fund (Item 0520-
001-0649)............. -3,937,000
(6.5) Amount payable from
the Small Business
Expansion Fund (Item
0520-001-0918)........ -111,000
(7) Amount payable from
the Welcome Center
Fund (Item 0520-001-
3083)................. -107,000
(8) Amount payable from
the Film Promotion
and Marketing Fund
(Item 0520-001-3095).. -10,000
SEC. 7. Item 0520-001-0890 of Section 2.00 of the Budget Act of
2011 is repealed.
SEC. 8. Item 0520-001-0918 is added to Section 2.00 of the Budget
Act of 2011, to read:
0520-001-0918--For support of Secretary
of Business, Transportation and Housing,
for payment to Item 0520-001-0044,
payable from the Small Business Expansion
Fund...................................... 111,000
SEC. 9. Item 0520-011-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
0520-011-0890--For transfer, upon order
of the Director of Finance, to the Small
Business Expansion Fund................... 27,823,000
SEC. 10. Item 0530-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
0530-001-0001--For support of Secretary of
California Health and Human Services.......... 1,117,000
Schedule:
(1) 10-Secretary of
California Health and
Human Services......... 5,619,000
(2) Reimbursements......... -1,817,000
(3) Amount payable from
the Federal Trust Fund
(Item 0530-001-0890)... -1,850,000
(4) Amount payable from
the Central Service
Cost Recovery Fund
(Item 0530-001-9740)... -835,000
SEC. 11. Item 0530-001-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
0530-001-0890--For support of Secretary
of California Health and Human Services,
for payment to Item 0530-001-0001,
payable from the Federal Trust Fund....... 1,850,000
SEC. 12. Item 0530-001-9732 of Section 2.00 of the Budget Act of
2011 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.......................... 184,025,000
Schedule:
(1) 30-Office of
Systems Integration. 184,025,000
Provisions:
1. The Director of Finance is
authorized to approve matching
current year increases in the
Office of Systems Integration's
(OSI) expenditure authority to
correspond to increases to the
Department of Social Services'
Local Assistance budget to
address system changes to OSI
managed information technology
projects. Any such increases
shall occur no sooner than 30
days after notification in
writing of the necessity
therefor to the chairpersons of
the fiscal committees of each
house of the Legislature and
Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time after notification the
chairperson of the Joint
Legislative Budget Committee, or
his or her designee, may in each
instance determine.
SEC. 13. Item 0530-017-3163 of Section 2.00 of the Budget Act of
2011 is amended to read:
0530-017-3163--For support of Secretary of
California Health and Human Services,
Program 21-Office of Health Information
Integrity, for implementing California's
Health Information Exchange Cooperative
Grant Program, payable from the California
Health Information Technology and Exchange
Fund....................................... 17,697,000
Provisions:
1. Notwithstanding Section 28.00
or any other provision of law,
the Director of Finance may
authorize expenditures from
the California Health
Information Technology and
Exchange Fund for the
Secretary of California Health
and Human Services in excess
of the amount appropriated not
sooner than 30 days after
providing notification in
writing of the necessity
therefor, including a
comprehensive description of
the request, to the
chairpersons of the fiscal and
policy committees 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. 14. Item 0540-001-0005 of Section 2.00 of the Budget Act of
2011 is amended to read:
0540-001-0005--For support of Secretary
of the Natural Resources Agency, for
payment to Item 0540-001-0140, payable
from the Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection
(Villaraigosa-Keeley Act) Bond Fund....... 279,000
SEC. 15. Item 0540-001-0140 of Section 2.00 of the Budget Act of
2011 is amended to read:
0540-001-0140--For support of Secretary of
the Natural Resources Agency, payable from
the California Environmental License Plate
Fund......................................... 3,282,000
Schedule:
(1) 10-Administration of
Natural Resources
Agency................ 44,899,000
(2) Reimbursements........ -572,000
(4) Amount payable from
the Safe Neighborhood
Parks, Clean Water,
Clean Air, and
Coastal Protection
(Villaraigosa-Keely
Act) Bond Fund (Item
0540-001-0005)........ -279,000
(5) Amount payable from
the Environmental
Enhancement and
Mitigation Program
Fund (Item 0540-001-
0183)................. -128,000
(6) Amount payable from
the Federal Trust
Fund (Item 0540-001-
0890)................. -9,052,000
(7) Amount payable from
the California Clean
Water, Clean Air,
Safe Neighborhood
Parks, and Coastal
Protection Fund (Item
0540-001-6029)........ -1,457,000
(8) Amount payable from
the Water Security,
Clean Drinking Water,
Coastal and Beach
Protection Fund of
2002 (Item 0540-001-
6031)................. -2,604,000
(9) Amount payable from
the Safe Drinking
Water, Water Quality
and Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
0540-001-6051)........ -27,329,000
(10) Amount payable from
the Disaster
Preparedness and
Flood Prevention Bond
Fund of 2006 (Item
0540-001-6052)........ -196,000
SEC. 16. Item 0540-001-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
0540-001-0890--For support of Secretary
of the Natural Resources Agency, for
payment to Item 0540-001-0140, payable
from the Federal Trust Fund............... 9,052,000
SEC. 17. Item 0540-001-6029 of Section 2.00 of the Budget Act of
2011 is amended to read:
0540-001-6029--For support of Secretary
of the Natural Resources Agency, for
payment to Item 0540-001-0140, payable
from the California Clean Water, Clean
Air, Safe Neighborhood Parks, and Coastal
Protection Fund........................... 1,457,000
SEC. 18. Item 0540-001-6031 of Section 2.00 of the Budget Act of
2011 is amended to read:
0540-001-6031--For support of Secretary
of the Natural Resources Agency, for
payment to Item 0540-001-0140, payable
from the Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002................................... 2,604,000
SEC. 19. Item 0540-490 is added to Section 2.00 of the Budget Act
of 2011, to read:
0540-490--Reappropriation, Secretary of the
Natural Resources Agency. 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, 2014:
0005--Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection
(Villaraigosa-Keeley Act) Bond Fund
(1) Item 0540-101-0005, Budget Act of
2000 (Ch. 52, Stats. 2000), as
reappropriated by Item 0540-490,
Budget Act of 2002 (Ch. 379, Stats.
2002), as reappropriated by Item 0540-
490, Budget Act of 2007 (Chs. 171 and
172, Stats. 2007)
6015--River Protection Subaccount
(1) Item 0540-101-6015, Budget Act of 2002
(Ch. 379, Stats. 2002), as
reappropriated by Item 0540-490,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007)
6029--California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal
Protection Fund
(1) Item 0540-101-6029, Budget Act of 2002
(Ch. 379, Stats. 2002), as
reappropriated by Item 0540-490,
Budget Act of 2004 (Ch. 208, Stats.
2004), as reappropriated by Item 0540-
490, Budget Act of 2007 (Chs. 171 and
172, Stats. 2007)
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) Item 0540-101-6031, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
reappropriated by Item 0540-491,
Budget Act of 2009 (Ch. 1, 2009-10 3rd
Ex. Sess., as revised by Ch. 1, 2009-
10 4th Ex. Sess.)
(2) Item 0540-101-6031, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
(3) Item 0540-101-6031, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
6051--Safe Drinking Water, Water Quality
and Supply, Flood Control, River and
Coastal Protection Fund of 2006
(1) Section 75124 of the Public Resources
Code, as added by Chapter 729 of the
Statutes of 2008
(2) Item 0540-101-6051, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(3) Item 0540-101-6051, Budget Act of 2009
(Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex.
Sess.)
SEC. 20. Item 0540-495 is added to Section 2.00 of the Budget Act
of 2011, to read:
0540-495--Reversion, Secretary of the Natural
Resources Agency. As of June 30, 2011, the
balances specified below of the appropriations
provided in the following citations shall
revert to the balances 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) $7,438,392 from Item 0540-001-6051,
Budget Act of 2007 (Chs. 171 and
172, Stats. 2007)
SEC. 21. Item 0552-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
0552-001-0001--For support of Office of
the Inspector General...................... 21,769,000
Schedule:
(1) 10-Office of the
Inspector General.... 21,769,000
Provisions:
1. No employee of the Office of the
Inspector General who is hired
on or after April 1, 2011, shall
receive peace officer or
firefighter retirement benefits
as a result of employment with
the Office of the Inspector
General unless that employee's
primary duties include the
performance of investigations as
specified in Section 830.2 of
the Penal Code. It is the intent
of the Legislature that no more
than 26 employees in the Office
of the Inspector General shall
have primary duties that include
the performance of
investigations.
2. The Office of the Inspector
General shall report to the
Legislature on October 1,
2011, on the office's
justification for requiring
peace officer status for any of
its staff and the cost
associated with maintaining
peace officer status.
SEC. 22. Item 0555-001-0044 of Section 2.00 of the Budget Act of
2011 is amended to read:
0555-001-0044--For support of Secretary for
Environmental Protection, payable from the
Motor Vehicle Account, State Transportation
Fund......................................... 1,869,000
Schedule:
(1) 30-Support............ 20,714,000
(2) Reimbursements........ -1,961,000
(3) Amount payable from
the General Fund
(Item 0555-001-0001).. -1,025,000
(4) Amount payable from
the Hazardous Waste
Control Account (Item
0555-001-0014)........ -316,000
(5) Amount payable from
the Unified Program
Account (Item 0555-
001-0028)............. -4,371,000
(6) Amount payable from
the Department of
Pesticide Regulation
Fund (Item 0555-
001-0106)............. -902,000
(7) Amount payable from
the Air Pollution
Control Fund (Item
0555-001-0115)........ -1,660,000
(8) Amount payable from
the Waste Discharge
Permit Fund (Item
0555-001-0193)........ -647,000
(9) Amount payable from
the Public Resources
Account, Cigarette
and Tobacco Products
Surtax Fund (Item
0555-001-0235)........ -53,000
(10) Amount payable from
the Integrated Waste
Management Account,
Integrated Waste
Management Fund (Item
0555-001-0387)........ -876,000
(11) Amount payable from
the Underground
Storage Tank Cleanup
Fund (Item 0555-001-
0439)................. -839,000
(12) Amount payable from
the State Water
Quality Control Fund
(Item 0555-001-0679).. -725,000
(12.5) Amount payable
from the Federal
Trust Fund (Item 0555-
001-0890)............. -1,888,000
(13) Amount payable from
the Rural CUPA
Reimbursement Account
(Item 0555-001-1006).. -835,000
(14) Amount payable from
the Water Rights Fund
(Item 0555-001-3058).. -38,000
(15) Amount payable from
the Environmental
Enforcement and
Training Account
(Item 0555-001-8013).. -2,132,000
(16) Amount payable from
the Environmental
Education Account
(Item 0555-001-8020).. -577,000
Provisions:
1. 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. 23. Item 0555-001-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
0555-001-0890--For support of Secretary
for Environmental Protection, for payment
to Item 0555-001-0044..................... 1,888,000
SEC. 24. Item 0690-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
0690-001-0001--For support of the
California Emergency Management Agency..... 42,566,000
Schedule:
(1) 20-Emergency
Management Services. 60,809,000
(2) 40-Special Programs
and Grant
Management.......... 78,826,000
(3) 65.01-
Administration and
Executive Program... 15,237,000
(4) 65.02-Distributed
Administration and
Executive........... -15,237,000
(5) Reimbursements...... -4,235,000
(7) Amount payable from
the Unified Program
Account (Item 0690-
001-0028)........... -784,000
(8) Amount payable from
the Nuclear
Planning Assessment
Special Account
(Item 0690-001-
0029)............... -1,148,000
(9) Amount payable from
the Restitution
Fund (Item 0690-001-
0214)............... -299,000
(10) Amount payable from
the Federal Trust
Fund (Item 0690-001-
0890)............... -86,420,000
(11) Amount payable from
the Local Public
Prosecutors and
Public Defender
Training Fund (Item
0690-002-0241)...... -83,000
(12) Amount payable from
the Victim-Witness
Assistance Fund
(Item 0690-002-
0425)............... -1,307,000
(13) Amount payable from
the Equality in
Prevention and
Services for
Domestic Abuse Fund
(Item 0690-001-
3112)............... -7,000
(14) 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)...... -2,573,000
(15) Amount payable from
the Antiterrorism
Fund (Item 0690-010-
3034)............... -213,000
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.
SEC. 25. Item 0690-102-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
0690-102-0001--For local assistance,
California Emergency Management Agency........ 22,052,000
Schedule:
(1) 40.20-Victim Services.. 22,052,000
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. The Director of Finance shall
include a special display table in
the Governor's Budget under the
California Emergency Management
Agency that displays, by fund
source, component level detail for
Program 40, Special Programs and
Grant Management, related to
Criminal Justice projects. In
addition, the California Emergency
Management Agency, in consultation
with the Director 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 40 for each of the three
years displayed in the Governor's
Budget.
SEC. 26. Item 0690-102-0241 of Section 2.00 of the Budget Act of
2011 is amended to read:
0690-102-0241--For local assistance,
California Emergency Management Agency,
payable from the Local Public Prosecutors
and Public Defenders Training Fund........... 799,000
Schedule:
(1) 40.30-Public Safety........ 799,000
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.
SEC. 27. Item 0690-112-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
0690-112-0001--For local assistance,
California Emergency Management Agency,
for disaster recovery costs................ 49,114,000
Provisions:
1. The funds appropriated in this
item are for the state's share
of response and recovery costs
for disasters.
2. Upon approval of the Director
of Finance, authority may be
established or increased to
reimburse state and local
agencies for out-of-state
disaster response and recovery
costs, subject to the
conditions of Section 28.00,
except that notwithstanding
subdivision (e) of the
section, the allocations may
be made 30 days or less after
notification of the
Legislature.
SEC. 28. Item 0820-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
0820-001-0001--For support of Department
of Justice................................ 254,695,000
Schedule:
(1) 11.01-Directorate--
Administration...... 87,952,000
(2) 11.02-Distributed
Directorate--
Administration...... -87,952,000
(3) 20-Division of
Legal Services...... 361,384,000
(4) 50-Law Enforcement.. 242,164,000
(5) 60-California
Justice Information
Services............ 154,990,000
(6) Reimbursements...... -44,510,000
(7) Amount payable from
the Attorney
General Antitrust
Account (Item 0820-
001-0012)........... -2,263,000
(8) Amount payable from
the Fingerprint
Fees Account (Item
0820-001-0017)...... -68,015,000
(9) Amount payable from
the Firearm
Safety Account
(Item 0820-001-
0032)............... -339,000
(10) Amount payable from
the Motor Vehicle
Account, State
Transportation Fund
(Item 0820-001-
0044)............... -24,709,000
(11) Amount payable from
the Department of
Justice Sexual
Habitual Offender
Fund (Item 0820-001-
0142)............... -2,245,000
(12) Amount payable from
the Travel Seller
Fund (Item 0820-001-
0158)............... -1,401,000
(13) Amount payable from
the Restitution
Fund (Item 0820-001-
0214)............... -359,000
(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)............... -14,359,000
(16) Amount payable from
the False Claims
Act Fund (Item 0820-
001-0378)........... -10,889,000
(17) Amount payable from
the Dealers' Record
of Sale Special
Account (Item 0820-
001-0460)........... -11,251,000
(18) Amount payable from
the Department of
Justice Child Abuse
Fund (Item 0820-001-
0566)............... -377,000
(19) Amount payable from
the Gambling
Control Fund (Item
0820-001-0567)...... -7,706,000
(20) Amount payable from
the Gambling
Control Fines and
Penalties Account
(Item 0820-001-
0569)............... -48,000
(21) Amount payable from
the Federal Trust
Fund (Item 0820-001-
0890)............... -34,034,000
(22) Amount payable from
the Federal Asset
Forfeiture Account,
Special Deposit
Fund (Item 0820-001-
0942)............... -1,525,000
(23) Amount payable from
the State Asset
Forfeiture Account,
Special Deposit
Fund (Item 0820-011-
0942)............... -565,000
(24) Amount payable from
the Firearms Safety
and Enforcement
Special Fund (Item
0820-001-1008)...... -3,353,000
(25) Amount payable from
the Missing Persons
DNA Data Base Fund
(Item 0820-001-
3016)............... -3,354,000
(26) Amount payable from
the Public Rights
Law Enforcement
Special Fund (Item
0820-001-3053)...... -5,858,000
(27) Amount payable from
the DNA
Identification Fund
(Item 0820-001-
3086)............... -74,822,000
(28) Amount payable from
the Unfair
Competition Law
Fund (Item 0820-001-
3087)............... -9,925,000
(29) Amount payable from
the Registry of
Charitable Trusts
Fund (Item 0820-001-
3088)............... -2,933,000
(30) Amount payable from
the Legal
Services Revolving
Fund (Item 0820-001-
9731)............... -175,742,000
(31) Amount payable from
the Central Service
Cost Recovery Fund
(Item 0820-001-
9740)............... -3,090,000
Provisions:
1. The Attorney General shall
submit to the Legislature, 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), $3,000,000 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,
2012, shall revert immediately
to the General Fund.
4. The Attorney General is
authorized to continue to
support the activities of the
California Anti-Terrorism
Information Center from within
its existing law enforcement
budget in Schedule (4).
SEC. 29. Item 0820-003-0001 is added to Section 2.00 of the Budget
Act of 2011, to read:
0820-003-0001--For support of the Department
of Justice, for rental payments on lease-
revenue bonds................................ 4,091,000
Schedule:
(1) Base Rental and Fees....... 4,092,000
(2) Reimbursements............. -1,000
Provisions:
1. The Controller shall transfer funds
appropriated in this item for base
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. 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. 30. Item 0820-003-3086 of Section 2.00 of the Budget Act of
2011 is repealed.
SEC. 31. Item 0820-011-0001 is added to Section 2.00 of the Budget
Act of 2011, to read:
0820-011-0001--For transfer by the
Controller, upon order of the Director of 10,000,00
Finance, to the DNA Identification Fund...... 0
Provisions:
1. The Department of Finance is
authorized to decrease the
amount specified in this item
based on revenue changes to the
DNA Identification Fund.
2. The Department of Justice shall
complete a zero-based analysis
of its DNA and forensic lab
budget and report historical
and projected expenditure
levels to the Governor and the
Legislature no later than March
31, 2012.
SEC. 32. Item 0820-011-0378 is added to Section 2.00 of the Budget
Act of 2011, to read:
0820-011-0378--For transfer by the
Controller, upon order of the Director of
Finance, from the False Claims Act Fund,
to the General Fund....................... (20,000,000)
SEC. 33. Item 0840-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
0840-001-0001--For support of the Controller. 76,397,000
Schedule:
(1) 100000-Personal
Services.............. 118,423,458
(2) 300000-Operating
Expenses and
Equipment............. 105,807,542
(3) Reimbursements........ -59,566,000
(4) Amount payable from
various special
and nongovernmental
cost funds (Section
25.25)................ -28,442,000
(5) Amount payable from
the Motor Vehicle
Fuel Account,
Transportation Tax
Fund (Item 0840-001-
0061)................. -4,285,000
(6) Amount payable from
the Highway Users Tax
Account,
Transportation Tax
Fund (Item 0840-001-
0062)................. -1,219,000
(7) Amount payable from
the Local Revenue
Fund (Item 0840-001-
0330)................. -616,000
(8) Amount payable from
the Federal Trust
Fund (Item 0840-001-
0890)................. -1,085,000
(9) Amount payable from
the State Penalty
Fund (Item 0840-001-
0903)................. -1,373,000
(10) Amount payable from
the Unclaimed
Property Fund (Item
0840-001-0970)........ -27,899,000
(11) Amount payable from
various other
unallocated
nongovernmental cost
funds (Retail Sales
Tax Fund) (Item 0840-
001-0988)............. -350,000
(12) Amount payable from
the 2006 State School
Facilities Fund (Item
0840-001-6057)........ -987,000
(13) Amount payable from
the Central Service
Cost Recovery Fund
(Item 0840-001-9740).. -20,305,000
(14) Amount payable from
other unallocated
special funds (Item
0840-011-0494)........ -95,000
(15) Amount payable from
unallocated bond
funds (Item 0840-011-
0797)................. -636,000
(16) Amount payable from
various other
unallocated
nongovernmental cost
funds (Item 0840-011-
0988)................. -91,000
(17) Amount payable from
the Public
Transportation
Account, State
Transportation Fund
(Section 25.50)....... -19,000
(18) Amount payable from
the Highway Users
Tax Account,
Transportation Tax
Fund (Section 25.50).. -305,000
(19) Amount payable from
the Motor Vehicle
License Fee Account,
Transportation Tax
Fund (Section 25.50).. -17,000
(20) Amount payable from
the DMV Local Agency
Collection Fund
(Section 25.50)....... -2,000
(21) Amount payable from
the Trial Court Trust
Fund (Section 25.50).. -174,000
(22) Amount payable from
the Public Safety
Account, Local Public
Safety Fund (Section
25.50)................ -268,000
(23) Amount payable from
the Local Revenue
Fund (Section 25.50).. -100,000
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. 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 committee has been
notified by the director that he
or she concurs with the amounts
specified in the billings.
3. (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).
4. 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.
5. 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.
6. 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 current fiscal
year shall cite the specific
statutory or constitutional
provision authorizing the
preparation and release of the
report, audit, analysis, or
evaluation.
7. 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 each house of the Legislature,
the Department of Finance, the
Treasurer's office, and the
Legislative Analyst's Office.
8. 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 of the current fiscal
year, and will cover the fourth
quarter of the past fiscal year
and the first three quarters of
the current fiscal year.
9. The Controller's estimate of the
state's liability for other
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.
This provision shall not obligate
the state to change the practice
of funding health and dental
benefits for annuitants currently
required under state law.
10. 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.
11. 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.
12. The Controller shall deliver
yearend financial data as
specified by the Department of
Finance, for the immediately
preceding fiscal year, 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.
13. In the event new postage rates are
adopted by the United States
Postal Service, but not in time
for inclusion in the 2011-12
May Revision, and the Controller's
office notifies the Department of
Finance with its 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.
14. Notwithstanding the provisions of
Item 9840-001-0001, Item 9840-001-
0494, and Item 9840-001-0988, the
Department of Finance may adjust
the amounts authorized under Item
0840-001-0001 and Section 25.25,
consistent with the funding
schedule included in the most
recently approved Special Project
Report for the 21st Century
Project. If an adjustment for
unanticipated costs below the
limits that would require a
Special Project Report is
requested, and the request does
not exceed $2,000,000 cumulatively
from all fund sources combined for
the fiscal year, with sufficient
justification provided by the
Controller to support the
increase, the Department of
Finance may authorize the
adjustment. 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. 34. Item 0840-001-0970 of Section 2.00 of the Budget Act of
2011 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...................................... 27,899,000
SEC. 35. Item 0845-001-0217 of Section 2.00 of the Budget Act of
2011 is amended to read:
0845-001-0217--For support of Department
of Insurance, payable from the Insurance
Fund...................................... 169,988,000
Schedule:
(1) 10-Regulation of
Insurance Companies
and Insurance
Producers........... 72,172,000
(2) 12-Consumer
Protection.......... 50,413,000
(3) 20-Fraud Control.... 45,789,000
(4) 30-General Fund Tax
Collection and
Audit............... 1,864,000
(5) 50.01-
Administration...... 31,550,000
(6) 50.02-Distributed
Administration...... -31,550,000
(7) Reimbursements...... -250,000
Provisions:
1. Of the funds appropriated in
this item, the Controller shall
transfer one-half of $4,938,000
upon passage of the Budget Act
and the remaining half on
January 1, 2012, to the
California Department of Aging
for support of the Health
Insurance Counseling and
Advocacy Program.
2. Of the funds appropriated in
this item, the Controller shall
transfer $314,000 upon passage
of the Budget Act and, upon
order of the Director of
Finance, an additional amount up
to $314,000 shall be transferred
on or after January 1, 2012, to
the State and Consumer Services
Agency for support of the Office
of the Insurance Advisor, to
provide assistance to the
Governor on insurance-related
matters. The second transfer
shall be initiated by the State
and Consumer Services Agency.
The unencumbered balance, as
determined by the State and
Consumer Services Agency for the
2011-12 fiscal year, shall
revert to the Insurance Fund.
SEC. 36. Item 0845-101-0217 of Section 2.00 of the Budget Act of
2011 is amended to read:
0845-101-0217--For local assistance,
Department of Insurance, payable from the
Insurance Fund................................ 57,037,000
Schedule:
(1) 12-Consumer Protection. 1,500,000
(2) 20-Fraud Control....... 55,537,000
SEC. 37. Item 0890-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
0890-001-0001--For support of Secretary of
State....................................... 31,037,000
Schedule:
(1) 10-Filings and
Registrations......... 50,962,000
(2) 20-Elections.......... 33,776,000
(3) 30-Archives........... 10,865,000
(4) 50.01-Administration
and Technology........ 23,830,000
(5) 50.02-Distributed
Administration and
Technology............ -23,830,000
(6) Reimbursements........ -8,330,000
(7) Amount payable from
the Secretary of
State's Business Fees
Fund (Item 0890-001-
0228)................. -39,056,000
(8) Amount payable from
the Federal Trust
Fund (Item 0890-001-
0890)................. -14,681,000
(9) Amount payable from
the Victims of
Corporate Fraud
Compensation Fund
(Item 0890-001-3042).. -2,499,000
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, $14,681,000 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 funds appropriated in this
item, $5,950,000 is available for
preparing, printing, and mailing
the state ballot pamphlet pursuant
to Article 7 (commencing with
Section 9080) of Chapter 1 of
Division 9 of the Elections Code.
Any unexpended funds pursuant to
this provision shall revert to the
General Fund.
SEC. 38. Item 0911-001-0001 is added to Section 2.00 of the Budget
Act of 2011, to read:
0911-001-0001--For support of the Citizens
Redistricting Initiative....................... 400,000
Provisions:
1. The Director of Finance, not sooner
than 30 days after notification to the
Joint Legislative Budget Committee, or
any lesser time determined by the
chairperson of the joint committee,
may augment this item by up to
$1,500,000 if the Citizens
Redistricting Commission demonstrates
that funding for litigation support is
necessary.
SEC. 39. Item 0950-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
0950-001-0001--For support of the Treasurer. 4,721,000
Schedule:
(1) 100000-Personal
Services.............. 21,004,000
(2) 300000-Operating
Expenses and
Equipment............. 6,936,000
(3) Reimbursements........ -20,866,000
(5) Amount payable from
the Central Service
Cost Recovery Fund
(Item 0950-001-9740).. -2,353,000
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).
2. Notwithstanding any other
provision of law, upon
certification by the State
Treasurer's Office, the Department
of Finance may authorize
expenditures of up to $800,000 in
excess of the amount appropriated
in this item for the payment
of rating agencies fees and
advertising expenses on general
obligation bond, lease revenue
bond, and revenue anticipation
note sales that have been canceled
after the costs were incurred. The
Department of Finance shall
provide 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 no more than 30 days
after that authorization.
SEC. 40. Item 0971-001-0528 of Section 2.00 of the Budget Act of
2011 is amended to read:
0971-001-0528--For support of California
Alternative Energy and Advanced
Transportation Financing Authority, payable
from the California Alternative Energy
Authority Fund............................... 1,612,000
Schedule:
(1) 10-California Alternative
Energy and Advanced
Transportation Financing
Authority.................. 1,865,000
(2) Reimbursements............. -253,000
Provisions:
1. Notwithstanding any other provision
of law, the Director of Finance may
authorize expenditures for the
California Alternative Energy and
Advanced Transportation Financing
Authority in excess of the
amount appropriated not sooner than
30 days after notification in
writing of the necessity therefor is
provided to the chairpersons of the
fiscal committees 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.
SEC. 41. Item 1110-001-0770 of Section 2.00 of the Budget Act of
2011 is amended to read:
1110-001-0770--For support of Board for
Professional Engineers and Land Surveyors,
payable from the Professional Engineers' and
Land Surveyors' Fund.......................... 10,538,000
Schedule:
(1) 75.10-Board for
Professional Engineers
and Land Surveyors. 10,622,000
(2) 75.20-Geologists and
Geophysicists Program.. 1,344,000
(3) 75.02.020-Distributed
Board for Professional
Engineers and Land
Surveyors.............. -68,000
(4) Reimbursements......... -16,000
(5) Amount payable from
the Geology and
Geophysics Fund (Item
1110-001-0205)......... -1,344,000
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. 42. Item 1730-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
1730-001-0001--For support of Franchise
Tax Board................................. 570,378,000
Schedule:
(1) 10-Tax Programs..... 571,686,000
(2) 30-Political Reform
Audit (1,592,000)... 0
(3) 50-DMV Collections.. 8,676,000
(4) 60-Court
Collections......... 11,539,000
(5) 70-Contract Work.... 14,055,000
(6) 80.01-
Administration...... 28,263,000
(7) 80.02-Distributed
Administration...... -28,263,000
(8) Reimbursements...... -15,053,000
(9) Amount payable from
the Motor Vehicle
Account, State
Transportation Fund
(Item 1730-001-
0044)............... -2,991,000
(10) Amount payable from
the Motor Vehicle
License Fee
Account,
Transportation Tax
Fund (Item 1730-001-
0064)............... -5,620,000
(11) Amount payable from
the Emergency Food
Assistance Program
Fund (Item 1730-001-
0122)............... -6,000
(12) Amount payable from
the Delinquent Tax
Collection Fund
(Section 19378 of
the Revenue and
Taxation Code)...... -404,000
(13) 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)........... -14,000
(14) Amount payable from
the Court
Collection Account
(Item 1730-001-
0242)............... -11,400,000
(15) Amount payable from
the State
Children's Trust
Fund (Item 1730-001-
0803)............... -12,000
(16) Amount payable from
the California
Alzheimer's Disease
and Related
Disorders Research
Fund (Item 1730-001-
0823)............... -12,000
(17) Amount payable from
the California
Seniors Special
Fund (Item 1730-001-
0886)............... -4,000
(18) Amount payable from
the California
Breast Cancer
Research Fund (Item
1730-001-0945)...... -7,000
(19) Amount payable from
the California
Peace Officer
Memorial Foundation
Fund (Item 1730-001-
0974)............... -5,000
(20) Amount payable from
the California
Firefighters'
Memorial Fund (Item
1730-001-0979)...... -7,000
(21) Amount payable from
the California Fund
for Senior Citizens
(Item 1730-001-
0983)............... -7,000
(23) Amount payable from
the California Sea
Otter Fund (Item
1730-001-8047)...... -6,000
(25) Amount payable from
the California
Cancer Research
Fund (Item 1730-001-
8054)............... -6,000
(28) Amount payable from
the Arts Council
Fund (Item 1730-001-
8064)............... -6,000
(29) Amount payable from
the Safely
Surrendered Baby
Fund (Item 1730-001-
8065)............... -6,000
(30) Amount payable from
the California
Police Activities
League (CALPAL)
Fund (Item 1730-001-
8066)............... -6,000
(31) Amount payable from
the California
Veterans Homes Fund
(Item 1730-001-
8067)............... -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 the
board's authorized budget and
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
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 2011-12
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 2011-12 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
$154, and the filing
enforcement cost recovery fee
for purposes of
subparagraph (A) of paragraph
(2) of that subdivision shall
be $88.
4. During the 2011-12 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
$249, and the filing
enforcement cost recovery fee
for purposes of subparagraph
(B) of paragraph (2) of that
subdivision shall be $104.
SEC. 43. Item 1730-001-0242 of Section 2.00 of the Budget Act of
2011 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................................... 11,400,000
SEC. 44. Item 1730-001-8022 of Section 2.00 of the Budget Act of
2011 is repealed.
SEC. 45. Item 1730-001-8053 of Section 2.00 of the Budget Act of
2011 is repealed.
SEC. 46. Item 1730-001-8055 of Section 2.00 of the Budget Act of
2011 is repealed.
SEC. 47. Item 1730-001-8056 of Section 2.00 of the Budget Act of
2011 is repealed.
SEC. 48. Item 1730-001-8064 is added to Section 2.00 of the Budget
Act of 2011, to read:
1730-001-8064--For support of Franchise
Tax Board, for payment to Item 1730-001-
0001, payable from the Arts Council Fund.. 6,000
SEC. 49. Item 1730-001-8065 is added to Section 2.00 of the Budget
Act of 2011, to read:
1730-001-8065--For support of Franchise
Tax Board, for payment to Item 1730-001-
0001, payable from the Safely Surrendered
Baby Fund................................. 6,000
SEC. 50. Item 1730-001-8066 is added to Section 2.00 of the Budget
Act of 2011, to read:
1730-001-8066--For support of Franchise
Tax Board, for payment to Item 1730-001-
0001, payable from the California Police
Activities League (CALPAL) Fund........... 6,000
SEC. 51. Item 1730-001-8067 is added to Section 2.00 of the Budget
Act of 2011, to read:
1730-001-8067--For support of Franchise
Tax Board, for payment to Item 1730-001-
0001, payable from the California
Veterans Homes Fund....................... 6,000
SEC. 52. Item 1760-001-0602 of Section 2.00 of the Budget Act of
2011 is amended to read:
1760-001-0602--For support of Department of
General Services, for payment to Item 1760-
001-0666, payable from the Architecture 41,549,00
Revolving Fund............................... 0
Provisions:
1. (a) Notwithstanding Provisions
3 and 4 of Item 1760-001-
0666, the Director of
Finance may augment Item
1760-001-0602 when the
State Public Works Board
has approved the California
Health Care Facility
project in Stockton. Any
augmentation that is deemed
necessary on a permanent
basis shall be submitted
for review as part of the
normal budget development
process. 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.
(b) Any augmentation made
pursuant to subdivision (a)
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.
SEC. 53. Item 1760-490 is added to Section 2.00 of the Budget Act
of 2011, 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
appropriations:
0768--Earthquake Safety and Public
Buildings Rehabilitation Fund of 1990.
(1) Item 1760-301-0768, Budget Act of
2007 (Chs. 171 and 172, Stats. 2007),
as reappropriated by Item 1760-
491, Budget Act of 2008 (Chs. 268 and
269, Stats. 2008), Item 1760-490,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.), and Item 1760-
490, Budget Act of 2010 (Ch. 712,
Stats. 2010)
(5) 50.99.421-Department of
Corrections and Rehabilitation,
California Institution for Women
at Frontera, Corona: Walker
Clinic, Structural Retrofit-
-Working drawings
(9) 50.99.427-Department of
Corrections and Rehabilitation,
California Institution for Women
at Frontera, Corona: Infirmary,
Structural Retrofit--Working
drawings
(2) Item 1760-301-0768, Budget Act of
2010 (Ch. 712, Stats. 2010)
(1) 50.99.428-Department of
Corrections and Rehabilitation,
California Institution for Women
at Frontera, Corona: Walker
Clinic and Infirmary, Structural
Retrofit--Construction
SEC. 54. Item 1760-491 is added to Section 2.00 of the Budget Act
of 2011, to read:
1760-491--Reappropriation, Capital Outlay,
Department of General Services.
Notwithstanding any other provision of law,
the period to liquidate encumbrances of the
following citations is extended to June 30,
2012:
0660--Public Buildings Construction Fund
(1) Item 1760-301-0660, Budget Act of
2002 (Ch. 379, Stats. 2002), as
reappropriated by Item 1760-490,
Budget Act of 2003 (Ch. 157, Stats.
2003) and Budget Act of 2005 (Chs. 38
and 39, Stats. 2005), and Item
1760-491, Budget Act of 2010 (Ch.
712, Stats. 2010)
(3) 50.10.161-Office Building 10
Renovation, 721 Capitol Mall,
Sacramento--Construction
(2) Item 1760-301-0660, Budget Act of
2003 (Ch. 157, Stats. 2003), as
reappropriated by Item 1760-490,
Budget Act of 2004 (Ch. 208, Stats.
2004) and Budget Act of 2005 (Chs. 38
and 39, Stats. 2005)
(2) 50.20.515-Marysville Office
Building: Replacement-
-Construction
SEC. 55. Item 1920-011-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
1920-011-0001--For transfer by the
Controller to the Teachers' Retirement
Fund.................................... (1,316,109,000)
Schedule:
(1) Supplemental
Benefit Maintenance (605,764,00
Account (SBMA)...... 0)
(2) Benefits Funding.... (653,365,00
0)
(3) SBMA Interest (56,980,000
Payment............. )
Provisions:
1. The estimated amount referenced
in Schedule (1) is the state's
contribution required by
Section 22954 of the Education
Code.
2. The estimated amount referenced
in Schedule (2) is the state's
contribution required by
subdivisions (a) and (b) of
Section 22955 of the Education
Code.
3. The amount referenced in
Schedule (3) is the state's
Supplemental Benefit
Maintenance Account interest
payment as specified and
appropriated by subdivision (a)
of Section 22954.5 of the
Education Code.
SEC. 56. Item 2240-001-0648 of Section 2.00 of the Budget Act of
2011 is amended to read:
2240-001-0648--For support of Department
of Housing and Community Development,
payable from the Mobilehome-Manufactured
Home Revolving Fund........................ 17,029,000
Schedule:
(1) 10-Codes and
Standards Program... 25,395,000
(2) 20-Financial
Assistance Program.. 23,663,000
(3) 30-Housing Policy
Development Program. 3,711,000
(4) 50.01-
Administration...... 12,027,000
(5) 50.02-Distributed
Administration...... -12,027,000
(6) 50.03-Distributed
Administration of
the Housing Policy
Development Program. -136,000
(7) Reimbursements...... -545,000
(8) Amount payable from
the General Fund
(Item 2240-001-
0001)............... -3,160,000
(9) Amount payable from
the Air Pollution
Control Fund (Item
2240-001-0115)...... -98,000
(10) Amount payable from
the Mobilehome
Parks and Special
Occupancy Parks
Revolving Fund
(Item 2240-001-
0245)............... -6,642,000
(11) Amount payable from
the Mobilehome Park
Purchase Fund (Item
2240-001-0530)...... -643,000
(12) Amount payable from
the Self-Help
Housing Fund (Item
2240-001-0813)...... -119,000
(13) Amount payable from
the Federal Trust
Fund (Item 2240-001-
0890)............... -11,605,000
(14) Amount payable from
the Housing
Rehabilitation Loan
Fund (Item 2240-001-
0929)............... -2,762,000
(15) Amount payable from
the Rental Housing
Construction
Incentive Fund
(Item 2240-001-
0938)............... -1,176,000
(16) Amount payable from
the Predevelopment
Loan Fund (Item
2240-001-0980)...... -317,000
(17) Amount payable from
the Emergency
Housing and
Assistance Fund
(Item 2240-001-
0985)............... -162,000
(18) Amount payable from
the Building
Standards
Administration
Special Revolving
Fund (Item 2240-001-
3144)............... -529,000
(19) Amount payable from
the Enterprise Zone
Fund (Item 2240-001-
3165)............... -1,161,000
(20) Amount payable from
the Building Equity
and Growth in
Neighborhoods Fund
(Item 2240-001-
6038)............... -1,295,000
(21) Amount payable from
the Building Equity
and Growth in
Neighborhoods
(BEGIN) Fund (Item
2240-002-6038)...... -441,000
(22) Amount payable from
the Regional
Planning, Housing,
and Infill
Incentive Account,
Housing and
Emergency Shelter
Trust Fund of 2006
(Item 2240-001-
6069)............... -2,558,000
(23) Amount payable from
the Housing Urban-
Suburban-and-Rural
Parks Account,
Housing and
Emergency Shelter
Trust Fund of 2006
(Item 2240-001-
6071)............... -1,068,000
(24) Amount payable from
the Transit-
Oriented
Development
Implementation Fund
(Item 2240-001-
9736)............... -1,323,000
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.
3. Of the funds provided in
Schedule (20), and
notwithstanding Section 50866 of
the Health and Safety Code,
$1,000,000 is appropriated to
support workload related to
housing element law, which the
Legislature finds is consistent
with Section 50863 of the Health
and Safety Code.
SEC. 57. Item 2240-001-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
2240-001-0890--For support of Department
of Housing and Community Development, for
payment to Item 2240-001-0648, payable
from the Federal Trust Fund............... 11,605,000
SEC. 58. Item 2240-001-6038 of Section 2.00 of the Budget Act of
2011 is amended to read:
2240-001-6038--For support of Department
of Housing and Community Development, for
payment to Item 2240-001-0648, payable
from the Building Equity and Growth in
Neighborhoods Fund........................ 1,295,000
SEC. 59. Item 2240-101-0001 of Section 2.00 of the Budget Act of
2011 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.... 183,568,000
(2) Amount payable from
the Federal Trust
Fund (Item 2240-101-
0890)................. -177,939,000
SEC. 60. Item 2240-101-0890 of Section 2.00 of the Budget Act of
2011 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.. 177,939,000
Provisions:
1. Notwithstanding any other
provision of law, federal
funds appropriated by this
item but not encumbered or
expended by June 30, 2012,
may be expended in the
subsequent fiscal year.
SEC. 61. Item 2240-101-6038 of Section 2.00 of the Budget Act of
2011 is amended to read:
2240-101-6038--For local assistance,
Department of Housing and Community
Development, payable from the Building 17,000,00
Equity and Growth in Neighborhoods Fund...... 0
Provisions:
1. Notwithstanding Section 16304.1
of the Government Code, funds
appropriated in this item shall
be available for liquidation of
encumbrances until June 30,
2016.
2. No disbursements shall be made
for awards from funds
appropriated in this item
unless the Director of Finance
determines that there will be
sufficient cash available from
the sale of Housing and
Emergency Shelter Trust Fund
Act of 2002 (Proposition 46)
bonds to fund prior awards of
Proposition 46 bond funds.
SEC. 62. Item 2240-490 is added to Section 2.00 of the Budget Act
of 2011, to read:
2240-490--Reappropriation, Department of Housing and
Community Development. 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, 2014:
0001--General Fund
(1) Section 5 of Chapter 163, Statutes of
2006 (AB 1784), until June 30, 2014
6038--Building Equity and Growth in Neighborhoods
(BEGIN) Fund
(1) Item 2240-101-6038,
Budget Act of 2005 (Chs.
38 and 39, Stats. 2005),
as reappropriated by Item
2240-490, Budget Act of
2008 (Chs. 268 and 269,
Stats. 2008), until June
30, 2013.................. 750,000
(2) Item 2240-101-6038,
Budget Act of 2006 (Chs.
47 and 48, Stats. 2006),
as reappropriated by Item
2240-490, Budget Act of
2008 (Chs. 268 and 269,
Stats. 2008), until June
30, 2013.................. 5,160,000
(3) Item 2240-102-6038,
Budget Act of 2007 (Chs.
171 and 172, Stats. 2007,
until June 30, 2013....... 20,010,000
Provisions:
(1) Notwithstanding any other provision of
law, the Department of Housing and
Community Development shall notify the
Department of Finance in writing prior to
encumbering the funds listed in this item.
SEC. 63. Item 2320-001-0317 of Section 2.00 of the Budget Act of
2011 is amended to read:
2320-001-0317--For support of Department of
Real Estate, payable from the Real Estate
Fund........................................ 47,966,000
Schedule:
(1) 10-Licensing and
Education............. 12,254,000
(2) 20-Enforcement and
Recovery.............. 28,692,000
(3) 30-Subdivisions....... 7,362,000
(4) 40.10-Administration.. 10,299,000
(5) 40.20-Distributed
Administration........ -10,206,000
(6) Reimbursements........ -435,000
Provisions:
1. Of the amount appropriated in this
item, $500,000 shall be used only
for the purposes of the Recovery
Account.
2. Of the amount appropriated in this
item, $2,611,500 shall be for
estimated costs related to the
relocation and consolidation of
the Department of Real Estate's
headquarters office and
examination facility into one
location during the 2011-12 fiscal
year on or about January 1, 2012.
It is the intent of the
Legislature that the department
not redirect amounts in excess of
the amount estimated for
relocation and consolidation
costs, whether through lease terms
or any other manner, to other
purposes. Therefore, the
department shall report to the
Joint Legislative Budget Committee
within 30 days of when the lease
terms are finalized (a) the terms
of the lease, (b) the amount of
unneeded funds because the agreed-
upon lease terms were lower than
the original estimate, and (c) the
final costs of the relocation and
consolidation.
SEC. 64. Item 2400-001-0890 is added to Section 2.00 of the Budget
Act of 2011, to read:
2400-001-0890--For support of Department of
Managed Health Care, payable from the Federal
Trust Fund..................................... 3,905,000
Provisions:
1. The funds appropriated in this item
shall be for education and outreach
activities to raise consumer awareness
about federal health care reform and
the federal Patient Protection and
Affordable Care Act (P.L. 111-148), as
amended by the federal Health Care and
Education Reconciliation Act of 2010
(P.L. 111-152).
SEC. 65. Item 2600-001-0042 of Section 2.00 of the Budget Act of
2011 is amended to read:
2600-001-0042--For support of California
Transportation Commission, for payment to Item
2600-001-0046, payable from the State Highway
Account, State Transportation Fund............. 775,000
Provisions:
1. The amount appropriated in this item
may be augmented by up to $400,000 to
fund contracts for the provisions of
legal, financial, and technical
services needed to inform the
California Transportation Commission
pursuant to its responsibilities
under Section 143 of the Streets and
Highways Code and related to the
Public-Private Partnership program.
Any such augmentation shall require
the approval of the Director of
Finance, and the Director of Finance
shall notify the Joint Legislative
Budget Committee in writing within 10
days of such an approval. The
notification shall include a
description of the project or projects
for which the augmentation was
provided, including a description of
the location, scope, and financing for
the project or projects being
evaluated.
SEC. 66. Item 2660-001-0042 of Section 2.00 of the Budget Act of
2011 is amended to read:
2660-001-0042--For support of Department
of Transportation, payable from the State
Highway Account, State Transportation
Fund...................................... 2,722,594,000
Schedule:
(1) 10-Aeronautics...... 4,076,000
(2) 20.10-Highway
Transportation--
Capital Outlay 1,696,881,00
Support............. 0
(3) 20.30-Highway
Transportation--
Local Assistance.... 53,606,000
(4) 20.40-Highway
Transportation--
Program Development. 84,362,000
(5) 20.65-Highway
Transportation--
Legal............... 121,272,000
(6) 20.70-Highway
Transportation--
Operations.......... 241,846,000
(7) 20.80-Highway
Transportation-- 1,479,313,00
Maintenance......... 0
(8) 30-Mass
Transportation...... 150,235,000
(9) 40-Transportation
Planning............ 114,454,000
(10) 50.10-
Administration
Program Costs....... 455,730,000
(11) 50.20-Distributed
Administration
Program Costs....... -455,730,000
(12) 60.10-Equipment
Service Program
Costs............... 255,445,000
(13) 60.20-Distributed
Equipment Service
Program Costs....... -255,445,000
(14) Reimbursements...... -333,058,000
(15) Amount payable from
the Aeronautics
Account, State
Transportation Fund
(Item 2660-001-
0041)............... -3,589,000
(16) Amount payable from
the Bicycle
Transportation
Account, State
Transportation Fund
(Item 2660-001-
0045)............... -10,000
(17) Amount payable from
the Public
Transportation
Account, State
Transportation Fund
(Item 2660-001-
0046)............... -164,448,000
(18) Amount payable from
the Historic
Property
Maintenance Fund
(Item 2660-001-
0365)............... -1,640,000
(19) Amount payable from
the Federal Trust
Fund (Item 2660-001-
0890)............... -574,102,000
(20) Amount payable from
the State Route 99
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 2660-004-
6072)............... -18,215,000
(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)............... -57,263,000
(22) Amount payable from
the Trade Corridors
Improvement Fund
(Item 2660-004-
6056)............... -3,639,000
(23) Amount payable from
the Transportation
Facilities Account,
Highway Safety,
Traffic Reduction,
Air Quality, and
Port Security Fund
of 2006 (Item 2660-
004-6058)........... -46,098,000
(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)............... -1,161,000
(25) Amount payable from
the State-Local
Partnership Program
Account, Highway
Safety, Traffic
Reduction, Air
Quality, and Port
Security Fund of
2006 (Item 2660-004-
6060)............... -727,000
(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)............... -1,653,000
(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)........... -373,000
(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)............... -17,475,000
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. Of the funds appropriated in
Schedule (2), $1,148,219,000 is
for state staff and state staff
cash overtime, $264,522,000 is
for external consultant and
professional services related to
project delivery (also known as
232 contracts), and $78,381,000
is for operating expenses. The
funds appropriated in Schedule
(2) for external consultant and
professional services related to
project delivery that are
unencumbered or encumbered but
unexpended related to work that
will not be performed during the
fiscal year shall revert to the
fund from which they were
appropriated.
4. Notwithstanding any other
provision of law, funds
appropriated in this item may be
supplemented with federal
funding appropriation authority
and with prior fiscal year State
Highway Account appropriation
balances at a level determined
by the Department of
Transportation as required to
process claims utilizing federal
advance construction through the
plan of financial adjustment
process pursuant to Sections
11251 and 16365 of the
Government Code.
5. Notwithstanding any other
provision of law, funds
appropriated in Item 2660-
001-0042, 50.00-Administration
from the State Highway Account,
may be reduced and replaced by
an equivalent amount of
reimbursements determined by the
Department of Transportation to
be available and necessary to
comply with Section 28.50 and
the most effective management of
state transportation resources.
The reimbursements may also be
reduced and replaced by an
equivalent amount of funds from
the State Highway Account. Not
more than 30 days after
replacing the State Highway
Account funds with
reimbursements and vice versa,
the Director of Finance shall
notify in writing the
chairpersons of the committees
in each house of the Legislature
that consider appropriations and
the Chairperson of the Joint
Legislative Budget Committee of
this action.
6. Of the funds appropriated in
Schedule (7), $231,666,000 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), $68,556,000 is for
the payment of tort lawsuit
claims and awards. Any funds for
that purpose that are
unencumbered as of April 1,
2012, 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
Schedule (2), transfers of
expenditure authority may be
made between Items 2660-001-
0042, 2660-001-0890, 2660-002-
3007, 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 to
accommodate changes in capital
outlay and local assistance
program-related workload by
funding source or changes in
availability of funds. The
Department of Finance shall
authorize the transfers not
sooner than 30 days after
notification of the necessity
therefor 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
this item, up to $63,000,000 is
available for the replacement of
vehicles necessary for
compliance with regulations
imposed by the State Air
Resources Board. These funds
shall be available only upon the
completion of the fleet
evaluation being conducted
pursuant to Executive Order B-2-
11. After completion of the
fleet evaluation, the Director
of Finance shall reduce the
amount of funds appropriated for
the purchase of vehicles in this
item to account for vehicles
that are planned for retirement
and do not need to be replaced.
The Director of Finance shall
also increase the appropriation
for the Department of
Transportation's pavement
maintenance activities by an
amount equivalent to the savings
identified from vehicle
replacements. The Director of
Finance shall notify the Joint
Legislative Budget Committee of
the portion of the $63,000,000
in this item that is available
for vehicle replacement and the
portion that is available for
pavement maintenance after
adjustments have been made.
11. The Department of Finance may
augment the amount appropriated
in Schedule (2) by up to
$1,000,000 for additional
reimbursements from the High-
Speed Rail Authority for
additional requests for the
review and approval of
environmental and engineering
documents regarding
circumstances in which the high-
speed train system interfaces
with the state highway system
above the level for which
expenditure authority has been
provided in this budget act.
SEC. 67. Item 2660-001-0890 of Section 2.00 of the Budget Act of
2011 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................................. 574,102,000
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.
4. Provision 8 of Item 2660-001-
0042 also applies to this item.
SEC. 68. Item 2660-002-3007 of Section 2.00 of the Budget Act of
2011 is amended to read:
2660-002-3007--For support of Department of
Transportation, payable from the Traffic
Congestion Relief Fund........................ 12,962,000
Schedule:
(1) 20.10-Highway
Transportation--
Capital Outlay Support. 12,677,000
(2) 30-Mass Transportation. 285,000
Provisions:
1. Notwithstanding any other provision
of law, if the California
Transportation Commission allocates
funds to Traffic Congestion Relief
Program projects in the 2011-12
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.
2. Provision 8 of Item 2660-001-0042
also applies to this item.
SEC. 69. Item 2660-004-6055 of Section 2.00 of the Budget Act of
2011 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............. 57,263,000
Provisions:
1. Provision 8 of Item 2660-001-
0042 also applies to this
item.
SEC. 70. Item 2660-004-6056 of Section 2.00 of the Budget Act of
2011 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............................ 3,639,000
Provisions:
1. Provision 8 of Item 2660-001-0042
also applies to this item.
SEC. 71. Item 2660-004-6058 of Section 2.00 of the Budget Act of
2011 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............. 46,098,000
Provisions:
1. Provision 8 of Item 2660-001-
0042 also applies to this
item.
SEC. 72. Item 2660-004-6064 of Section 2.00 of the Budget Act of
2011 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............................... 17,475,000
Provisions:
1. Provision 8 of Item 2660-001-
0042 also applies to this
item.
SEC. 73. Item 2660-004-6072 of Section 2.00 of the Budget Act of
2011 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............................... 18,215,000
Provisions:
1. Provision 8 of Item 2660-001-
0042 also applies to this item.
SEC. 74. Item 2660-102-0890 of Section 2.00 of the Budget Act of
2011 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..................................... 1,563,531,000
Schedule:
(1) 20-Highway 1,426,531,00
Transportation...... 0
(2) 30-Mass
Transportation...... 74,000,000
(3) 40-Transportation
Planning............ 63,000,000
Provisions:
1. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred intraschedule or to
Item 2660-101-0890, 2660-301-
0890, or 2660-302-0890. These
transfers shall require the
prior approval of the Department
of Finance. Funds appropriated
in Schedules (1) and (2) shall
be available for allocation by
the California Transportation
Commission until June 30, 2013,
and available for encumbrance
and liquidation until June 30,
2017.
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. 75. Item 2660-104-6043 of Section 2.00 of the Budget Act of
2011 is amended to read:
2660-104-6043--For local assistance,
Department of Transportation, non-State
Transportation Improvement Program
(STIP), payable from the High-Speed
Passenger Train Bond Fund................. 154,261,000
Schedule:
(1) 30.10-Mass
Transportation...... 154,261,000
Provisions:
1. These funds shall be available
for allocation by the California
Transportation Commission until
June 30, 2013, and available for
encumbrance or liquidation until
June 30, 2017.
2. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred to Item 2660-304-
6043. These transfers shall
require prior approval of the
Department of Finance.
SEC. 76. Item 2660-104-6055 of Section 2.00 of the Budget Act of
2011 is amended to read:
2660-104-6055--For local assistance,
Department of Transportation, non-State
Transportation Improvement Program (STIP),
payable from the Corridor Mobility
Improvement Account, Highway Safety, Traffic
Reduction, Air Quality, and Port Security
Fund of 2006.................................. 19,100,000
Schedule:
(1) 20.30-Highway
Transportation--
Local Assistance....... 19,100,000
Provisions:
1. These funds shall be available for
allocation by the California
Transportation Commission until
June 30, 2013, and available for
encumbrance and liquidation until
June 30, 2017.
2. Notwithstanding any other provision
of law, funds appropriated in this
item may be transferred to Item
2660-304-6055. These transfers
shall require the prior approval of
the Department of Finance.
SEC. 77. Item 2660-104-6056 of Section 2.00 of the Budget Act of
2011 is amended to read:
2660-104-6056--For local assistance,
Department of Transportation, non-State
Transportation Improvement Program
(STIP), payable from the Trade Corridors
Improvement Fund.......................... 520,192,000
Schedule:
(1) 20.30-Highway
Transportation--
Local
Assistance.......... 520,192,000
Provisions:
1. These funds shall be available
for allocation by the California
Transportation Commission until
June 30, 2013, and available for
encumbrance and liquidation
until June 30, 2017.
2. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred intraschedule or to
Item 2660-304-6056. These
transfers shall require the
prior approval of the
Department of Finance.
SEC. 78. Item 2660-104-6060 of Section 2.00 of the Budget Act of
2011 is amended to read:
2660-104-6060--For local assistance,
Department of Transportation, non-State
Transportation Improvement Program (STIP),
payable from the State-Local Partnership
Program Account, Highway Safety, Traffic
Reduction, Air Quality, and Port Security
Fund of 2006.................................. 96,518,000
Schedule:
(1) 20.30-Highway
Transportation--
Local Assistance....... 8,518,000
(2) 30.10-Mass
Transportation......... 88,000,000
Provisions:
1. These funds shall be available for
allocation by the California
Transportation Commission until
June 30, 2013, and available for
encumbrance and liquidation until
June 30, 2017.
2. Notwithstanding any other provision
of law, funds appropriated in this
item may be transferred
intraschedule or to Item 2660-304-
6060. These transfers shall require
the prior approval of the
Department of Finance.
SEC. 79. Item 2660-104-6062 of Section 2.00 of the Budget Act of
2011 is amended to read:
2660-104-6062--For local assistance,
Department of Transportation, non-State
Transportation Improvement Program (STIP),
payable from the Local Bridge Seismic
Retrofit Account, Highway Safety, Traffic
Reduction, Air Quality, and Port Security
Fund of 2006.................................. 13,792,000
Schedule:
(1) 20.30-Highway
Transportation--
Local Assistance....... 13,792,000
Provisions:
1. These funds shall be available for
allocation by the California
Transportation Commission until
June 30, 2013, and available for
encumbrance and liquidation until
June 30, 2017.
SEC. 80. Item 2660-302-0042 of Section 2.00 of the Budget Act of
2011 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........ 539,776,000
Schedule:
(1 20-Highway 1,483,776
) Transportation.............. ,000
(a) State
Highway
Operation
and
Protection (1,483,776,0
Program.... 00)
(2 Reimbursements.............. -944,000,
) 000
Provisions:
1. These funds shall be available for
allocation by the California
Transportation Commission until June
30, 2013, and available for
encumbrance and liquidation until
June 30, 2017.
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. 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. 81. Item 2660-302-0890 of Section 2.00 of the Budget Act of
2011 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..................................... 1,926,190,000
Schedule:
(1 20-Highway Transportation.. 1,926,190
) ,000
(a) State
Highway
Operation
and
Protection (1,926,190,0
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, 2013, and
available for encumbrance and
liquidation until June 30, 2017.
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. 82. Item 2660-304-6043 of Section 2.00 of the Budget Act of
2011 is amended to read:
2660-304-6043--For capital outlay,
Department of Transportation, non-State
Transportation Improvement Program
(STIP), payable from the High-Speed
Passenger Train Bond Fund................. 108,110,000
Schedule:
(1) 30-Mass
Transportation...... 108,110,000
Provisions:
1. These funds shall be available
for allocation by the California
Transportation Commission until
June 30, 2013, and available for
encumbrance and liquidation
until June 30, 2017.
2. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred to Item 2660-104-
6043. These transfers shall
require the prior approval of
the Department of Finance.
SEC. 83. Item 2660-304-6055 of Section 2.00 of the Budget Act of
2011 is amended to read:
2660-304-6055--For capital outlay,
Department of Transportation, non-State
Transportation Improvement Program
(STIP), payable from the Corridor
Mobility Improvement Account, Highway
Safety, Traffic Reduction, Air Quality,
and Port Security Fund of 2006........... 1,205,636,000
Schedule:
(1) 20-Highway 1,205,636,00
Transportation...... 0
Provisions:
1. These funds shall be available
for allocation by the California
Transportation Commission until
June 30, 2013, and available for
encumbrance and liquidation
until June 30, 2017.
2. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred to Item 2660-104-
6055. These transfers shall
require the prior approval of
the Department of Finance.
SEC. 84. Item 2660-304-6056 of Section 2.00 of the Budget Act of
2011 is amended to read:
2660-304-6056--For capital outlay,
Department of Transportation, non-State
Transportation Improvement Program
(STIP), payable from the Trade Corridors
Improvement Fund.......................... 644,085,000
Schedule:
(1) 20-Highway
Transportation...... 33,358,000
(2) 30-Mass
Transportation...... 610,727,000
Provisions:
1. These funds shall be available
for allocation by the California
Transportation Commission until
June 30, 2013, and available for
encumbrance and liquidation
until June 30, 2017.
2. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred intraschedule or to
Item 2660-104-6056. These
transfers shall require the
prior approval of the Department
of Finance.
SEC. 85. Item 2660-304-6059 of Section 2.00 of the Budget Act of
2011 is amended to read:
2660-304-6059--For capital outlay,
Department of Transportation, payable
from the Public Transportation,
Modernization, Improvement, and Service
Enhancement Account, Highway Safety,
Traffic Reduction, Air Quality, and Port
Security Fund of 2006..................... 239,855,000
Schedule:
(1) 30-Mass
Transportation...... 239,855,000
Provisions:
1. These funds shall be available
for allocation by the California
Transportation Commission until
June 30, 2013, and available for
encumbrance and liquidation
until June 30, 2017.
2. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred to Item 2660-104-
6059. These transfers shall
require the prior approval of
the Department of Finance.
SEC. 86. Item 2660-304-6064 is added to Section 2.00 of the Budget
Act of 2011, to read:
2660-304-6064--For capital outlay,
Department of Transportation, non-State
Transportation Improvement Program (STIP),
payable from the Highway Safety,
Rehabilitation, and Preservation Account,
Highway Safety, Traffic Reduction, Air
Quality, and Port Security Fund of 2006...... 47,625,000
Schedule:
(1) 20-Highway
Transportation ....... 47,625,000
Provisions:
1. These funds shall be available
for allocation by the California
Transportation Commission until
June 30, 2013, and available for
encumbrance and liquidation until
June 30, 2017.
SEC. 87. Item 2660-304-6072 of Section 2.00 of the Budget Act of
2011 is amended to read:
2660-304-6072--For capital outlay,
Department of Transportation, non-State
Transportation Improvement Program
(STIP), payable from the State Route 99
Account, Highway Safety, Traffic
Reduction, Air Quality, and Port Security
Fund of 2006.............................. 526,722,000
Schedule:
(1) 20-Highway
Transportation...... 526,722,000
Provisions:
1. These funds shall be available
for allocation by the California
Transportation Commission until
June 30, 2013, and available for
encumbrance and liquidation
until June 30, 2017.
2. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred to Item 2660-104-
6072. These transfers shall
require the prior approval of
the Department of Finance.
SEC. 88. Item 2660-490 is added to Section 2.00 of the Budget Act
of 2011, to read:
2660-490--Reappropriation, Department of
Transportation. Notwithstanding any other
provision of law, the unencumbered
balance in Item 2660-306-0942, Budget Act
of 2008 (Chs. 268 and 269, Stats of
2008), is reappropriated for encumbrance
and liquidation until June 30, 2012.
SEC. 89. Item 2665-004-6043 of Section 2.00 of the Budget Act of
2011 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 Passenger Train Bond Act for the
21st Century, payable from the High-Speed
Passenger Train Bond Fund.................... 17,682,000
Schedule:
(1) 10-Administration...... 9,282,000
(2) 20-Program Management
and Oversight
Contracts.............. 3,000,000
(3) 30-Public Information
and Communications
Contracts.............. 2,300,000
(4) 40-Fiscal and Other
External Contracts..... 3,100,000
Provisions:
1. Of the funds provided in this item
for contracts, the High-Speed Rail
Authority shall ensure that all
deliverables and services included
in contracts between the authority
and each of its contractors are
completed to the level prescribed
by the contract as a requirement
for payment by the authority
to the contractor. It is the
intent of the Legislature that
this section does not prohibit the
High-Speed Rail Authority from
working with contractors in the
management of these contracts.
2. Of the amount provided in Schedule
(1), $100,000 shall be made
available to support the operation
of the independent peer review
group established pursuant to
Section 185035 of the Public
Utilities Code.
3. The High-Speed Rail Authority
shall use a portion of the funds
appropriated in Schedule (3) to
increase public outreach efforts
in the central valley,
consistent with the current plan
of the High-Speed Rail Authority
Board to make the central valley
the initial segment for
construction.
4. The Department of Finance may
augment the amount appropriated in
Schedule (4) by up to $1,000,000
to reimburse the Department of
Transportation for the review and
approval of environmental and
engineering documents regarding
circumstances in which the high-
speed train system interfaces with
the state highway system.
5. The High-Speed Rail Authority
shall report at the time of budget
hearings on its progress toward
the transition of contracted work
funded in Schedule (3) to state
staff.
SEC. 90. Item 2665-304-0890 is added to Section 2.00 of the Budget
Act of 2011, to read:
2665-304-0890--For capital outlay, High-
Speed Rail Authority, payable from the
Federal Trust Fund........................... 42,663,000
Schedule:
(1) 20.15.010-San
Francisco to San Jose-
-Acquisition.......... 7,433,000
(2) 20.25.010-San Jose to
Merced--Acquisition... 9,585,000
(3) 20.30.010-Merced to
Fresno--Acquisition... 4,710,000
(4) 20.40.010-Fresno to
Bakersfield-
-Acquisition.......... 7,520,000
(5) 20.45.010-Bakersfield
to Palmdale-
-Acquisition.......... 8,596,000
(6) 20.50.010-Palmdale to
Los Angeles-
-Acquisition.......... 2,688,000
(7) 20.60.010-Los Angeles
to Anaheim-
-Acquisition.......... 2,131,000
Provisions:
1. The projects identified in this
item may be managed by the High-
Speed Rail Authority.
2. The projects identified in this
item are subject to review by the
State Public Works Board.
3. Notwithstanding any other
provision of law, each project in
Schedules (1) to (7), inclusive,
shall be the same as the
respectively coded project in
Schedules (1) to (7), inclusive,
of Items 2665-304-6043, 2665-305-
0890, and 2665-305-6043. For a
given project, funds appropriated
in this item may be transferred
to the same project in Item
2665-305-0890. These transfers
shall require the prior approval
of the Department of Finance.
4. The High-Speed Rail Authority
shall not purchase a right-of-way
prior to January 1, 2012, unless
it determines that there is a
critical need to purchase the
right-of-way prior to that date,
and it provides the Joint
Legislative Budget Committee with
a description of the proposed
purchase and an explanation of
the critical need at least 60
days prior to the date of the
proposed purchase for legislative
review.
5. The rail system for the portion
of the project in Schedule (1)
that runs through San Mateo and
Santa Clara counties, shall
remain substantially within the
existing Caltrain corridor.
This requirement shall be
reflected in the environmental
documents.
SEC. 91. Item 2665-304-6043 is added to Section 2.00 of the Budget
Act of 2011, to read:
2665-304-6043--For capital outlay, High-
Speed Rail Authority, payable from the High-
Speed Passenger Train Bond Fund.............. 47,233,000
Schedule:
(1) 20.15.010-San
Francisco to San Jose-
- Acquisition.......... 7,434,000
(2) 20.25.010-San Jose to
Merced-- Acquisition... 9,584,000
(3) 20.30.010-Merced to
Fresno-- Acquisition... 4,710,000
(4) 20.40.010-Fresno to
Bakersfield--
Acquisition............ 7,521,000
(5) 20.45.010-Bakersfield
to Palmdale--
Acquisition............ 8,597,000
(6) 20.50.010-Palmdale to
Los Angeles--
Acquisition............ 2,689,000
(7) 20.60.010-Los Angeles
to Anaheim--
Acquisition............ 2,131,000
(8) 20.80.010-Merced to
Sacramento--
Acquisition............ 2,167,000
(9) 20.90.010-Altamont
Pass-- Acquisition..... 2,400,000
Provisions:
1. The projects identified in this
item may be managed by the High-
Speed Rail Authority.
2. The projects identified in this
item are subject to review by the
State Public Works Board.
3. Notwithstanding any other
provision of law, each project in
Schedules (1) to (9), inclusive,
shall be the same as the
respectively coded project in
Schedules (1) to (7), inclusive,
of Items 2665-304-0890, 2665-305-
0890, and 2665-305-6043, and
Schedules (8) and (9) of Item 2665-
305-6043. For a given project,
funds appropriated in this item
may be transferred to the same
project in Item 2665-305-6043.
These transfers shall require the
prior approval of the Department
of Finance.
4. The High-Speed Rail Authority
shall not purchase a right-of-way
prior to January 1, 2012, unless
it determines that there is a
critical need to purchase the
right-of-way prior to that date,
and it provides the Joint
Legislative Budget Committee with
a description of the proposed
purchase and an explanation of the
critical need at least 60 days
prior to the date of the proposed
purchase for legislative review.
5. The rail system for the portion of
the project specified in Schedule
(1) that runs through the Counties
of San Mateo and Santa Clara shall
remain substantially within the
existing Caltrain corridor. This
requirement shall be reflected in
the environmental documents.
SEC. 92. Item 2665-305-0890 is added to Section 2.00 of the Budget
Act of 2011, to read:
2665-305-0890--For capital outlay, High-
Speed Rail Authority, payable from the
Federal Trust Fund........................... 23,902,000
Schedule:
(1) 20.15.010-San
Francisco to San Jose-
-Design............... 4,154,000
(2) 20.25.010-San Jose to
Merced--Design........ 2,630,000
(3) 20.30.010-Merced to
Fresno--Design........ 7,307,000
(4) 20.40.010-Fresno to
Bakersfield--Design... 2,896,000
(5) 20.45.010-Bakersfield
to Palmdale--Design... 4,828,000
(6) 20.50.010-Palmdale to
Los Angeles--Design... 0
(7) 20.60.010-Los Angeles
to Anaheim--Design.... 2,087,000
Provisions:
1. The projects identified in this
item may be managed by the High-
Speed Rail Authority.
2. The projects identified in this
item are subject to review by the
State Public Works Board.
3. The projects identified in this
item may utilize design-bid-build
construction or other methods of
procurement consistent with
practices, policies, and
procedures of the High-Speed Rail
Authority.
4. Notwithstanding any other
provision of law, each project in
Schedules (1) to (7), inclusive,
shall be the same as the
respectively coded project in
Schedules (1) to (7), inclusive,
of Items 2665-304-0890, 2665-304-
6043, and 2665-305-6043. For a
given project, funds appropriated
in this item may be transferred
to the same project in Item 2665-
304-0890. These transfers shall
require the prior approval of the
Department of Finance.
5. The High-Speed Rail Authority
shall not enter into a design-
build contract prior to January
1, 2012, unless it determines
that there is a critical need to
enter into a design-build
contract prior to that date, and
it provides the Joint Legislative
Budget Committee with a
description of the proposed
contract and an explanation of
the critical need at least 60
days prior to entering into such
a contract, in order to
permit legislative review.
6. The rail system, for the portion
of the project in Schedule (1)
that runs through San Mateo and
Santa Clara counties, shall
remain substantially within the
existing Caltrain corridor. The
requirement imposed by this
provision shall be reflected in
the project design.
SEC. 93. Item 2665-305-6043 is added to Section 2.00 of the Budget
Act of 2011, to read:
2665-305-6043--For capital outlay, High-
Speed Rail Authority, payable from the High-
Speed Passenger Train Bond Fund.............. 24,808,000
Schedule:
(1) 20.15.010-San
Francisco to San Jose-
- Design............... 4,154,000
(2) 20.25.010-San Jose to
Merced-- Design........ 2,631,000
(3) 20.30.010-Merced to
Fresno-- Design........ 7,307,000
(4) 20.40.010-Fresno to
Bakersfield-- Design... 2,897,000
(5) 20.45.010-Bakersfield
to Palmdale-- Design... 4,829,000
(6) 20.50.010-Palmdale to
Los Angeles-- Design... 0
(7) 20.60.010-Los Angeles
to Anaheim-- Design.... 2,087,000
(8) 20.80.010-Merced to
Sacramento-- Design.... 83,000
(9) 20.90.010-Altamont
Pass-- Design.......... 820,000
Provisions:
1. The projects identified in this
item may be managed by the High-
Speed Rail Authority.
2. The projects identified in this
item are subject to review by the
State Public Works Board.
3. The projects identified in this
item may utilize design-bid-build
construction or other methods of
procurement consistent with
practices, policies, and
procedures of the High-Speed Rail
Authority.
4. Notwithstanding any other
provision of law, each project in
Schedules (1) to (9), inclusive,
shall be the same as the
respectively coded project in
Schedules (1) to (7), inclusive,
of Items 2665-304-0890, 2665-304-
6043, and 2665-305-0890, and
Schedules (8) and (9) of Item 2665-
304-6043. For a given project,
funds appropriated in this item
may be transferred to the same
project in Item 2665-304-6043.
These transfers shall require the
prior approval of the Department
of Finance.
5. The High-Speed Rail Authority
shall not enter into a design-
build contract prior to
January 1, 2012, unless it
determines that there is a
critical need to enter into a
design-build contract prior to
that date, and it provides the
Joint Legislative Budget Committee
with a description of the proposed
contract and an explanation of the
critical need at least 60 days
prior to entering into such a
contract, in order to permit
legislative review.
6. The rail system for the portion of
the project specified in Schedule
(1) that runs through the Counties
of San Mateo and Santa Clara shall
remain substantially within the
existing Caltrain corridor. The
requirement imposed by this
provision shall be reflected in
the project design.
SEC. 94. Item 2720-491 is added to Section 2.00 of the Budget Act
of 2011, to read:
2720-491--Reappropriation, Department of
California Highway Patrol. The balances of
the appropriations provided for in the
following citations are reappropriated for
the purposes and subject to the limitations
in those appropriations, unless otherwise
specified:
0044--Motor Vehicle Account, State
Transportation Fund
(1) Item 2720-301-0044, Budget Act of
2009 (Ch. 1, 2009-10 3rd Ex. Sess.,
as revised by Ch. 1, 2009-10 4th Ex.
Sess.), as partially reverted by Item
2720-495, Budget Act of 2010 (Ch.
712, Stats. 2010)
(1) 50.04.004-California Highway
Patrol Enhanced Radio System:
Replace Towers and Vaults-
-Preliminary plans and working
drawings
SEC. 94.3. Item 2740-001-0044 of Section 2.00 of
the Budget Act of 2011 is amended to read:
2740-001-0044--For support of Department
of Motor Vehicles, payable from the Motor
Vehicle Account, State Transportation
Fund...................................... 525,115,000
825,168,000
Schedule:
(1) 11-Vehicle/Vessel
Identification and
Compliance.......... 508,934,000
(2) 22-Driver Licensing
and Personal
Identification...... 244,286,000
(3) 25-Driver Safety.... 116,646,000
(4) 32-Occupational
Licensing and
Investigative
Services............ 49,659,000
(5) 35-New Motor
Vehicle Board....... 2,036,000
(6) 41.01-
Administration...... 103,439,000
(7) 41.02-Distributed
Administration...... -103,439,000
(8) Reimbursements...... -13,887,000
(9) Amount payable from
the State Highway
Account, State
Transportation Fund
(Item 2740-001-
0042)............... -47,201,000
(10) Amount payable from
the New Motor
Vehicle Board
Account (Item 2740-
001-0054)........... -2,036,000
(11) Amount payable from
the Motor Vehicle
License Fee
Account,
Transportation Tax
Fund (Item 2740-001-
0064)............... -325,053,000
-25,000,000
(12) Amount payable from
the Harbors and
Watercraft
Revolving Fund
(Item 2740-001-
0516)............... -4,252,000
(13) Amount payable from
the Federal Trust
Fund (Item 2740-001-
0890)............... -3,832,000
(14) Amount payable
from the Gold Star
Family License
Plate Account (Item
2740-001-3162)...... -185,000
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.
SEC. 94.6. Item 2740-001-0064 of Section 2.00
of the Budget Act of 2011 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,
Transportation Tax Fund................... 325,053,000
25,000,000
SEC. 95. Item 2740-490 is added to Section 2.00 of the Budget Act
of 2011, to read:
2740-490--Reappropriation, Department of
Motor Vehicles. The balances of the
appropriations provided for in the following
citations are reappropriated for the purposes
and subject to the limitations in those
appropriations, unless otherwise specified:
0042--State Highway Account, State
Transportation Fund
(1) Item 2740-301-0042, Budget Act of
2010 (Ch. 712, Stats. 2010)
0044--Motor Vehicle Account, State
Transportation Fund
(1) Item 2740-301-0044, Budget Act of
2010 (Ch. 712, Stats. 2010)
(1) 71.06.020-Redding Field Office
Reconfiguration Project-
-Construction
(3) 71.37.011-Oakland Field Office
Reconfiguration Project-
-Construction
(5) 71.61.010-Fresno Field Office
Replacement Project--Construction
(7) Amount payable from the State
Highway Account, State
Transportation Fund (Item 2740-
301-0042)
(8) Amount payable from the Motor
Vehicle License Fee Account,
Transportation Tax Fund (Item
2740-301-0064)
0064--Motor Vehicle License Fee Account,
Transportation Tax Fund
(1) Item 2740-301-0064, Budget Act of
2010 (Ch. 712, Stats. 2010)
SEC. 96. Item 2740-495 is added to Section 2.00 of the Budget Act
of 2011, to read:
2740-495--Reversion, Department of Motor
Vehicles. As of June 30, 2011, $359,000 of
the appropriations provided for in the
following citations shall revert to the
balances in the funds from which the
appropriations were made:
0044--Motor Vehicle Account, State
Transportation Fund
(1) Item 2740-001-0044, Budget
Act of 2010 (Ch. 712,
Stats. 2010)............... 359,000
(1) 11-Vehicle/Vessel
Identification and
Compliance............. 202,000
(2) 22-Driver Licensing
and Personal
Identification......... 94,000
(3) 25-Driver Safety....... 45,000
(4) 32-Occupational
Licensing and
Investigative Services. 18,000
(6) 41.01-Administration... 36,000
(7) 41.02-Distributed
Administration......... -36,000
SEC. 97. Item 3110-101-0140 is added to Section 2.00 of the Budget
Act of 2011, to read:
3110-101-0140--For local assistance, Special
Resources Program, Program 10-Tahoe Regional
Planning Agency, payable from the California
Environmental License Plate Fund............... 3,999,000
Provisions:
1. The Tahoe Regional Planning Agency
shall, by September 1, 2011, adopt a
strategy for a Regional Plan update
that, to the maximum extent
practicable, provides for attainment
of the environmental thresholds. The
strategy shall be submitted to the
Joint Legislative Budget Committee.
SEC. 98. Item 3110-101-0516 is added to Section 2.00 of the Budget
Act of 2011, to read:
3110-101-0516--For local assistance,
Special Resources Program, Program 10--
Tahoe Regional Planning Agency, payable
from the Harbors and Watercraft Revolving
Fund........................................ 124,000
Provisions:
1. Notwithstanding any other provision
of law, funds in this item shall be
expended to implement motorized
watercraft regulations adopted
by the Tahoe Regional Planning
Agency.
SEC. 99. Item 3125-301-0262 is added to Section 2.00 of the Budget
Act of 2011, to read:
3125-301-0262--For capital outlay,
California Tahoe Conservancy, payable from
the Habitat Conservation Fund................ 393,000
Schedule:
(1) 50.30.003-For land
acquisition and site
improvements for wildlife
enhancement pursuant to
Title 7.42 (commencing
with Section 66905) of the
Government Code............ 393,000
Provisions:
1. The acquisition of real property or
an interest in real property with
funds appropriated in this item is
not subject to the Property
Acquisition Law when the value is
$550,000 or less and therefore is
not subject to approval by the State
Public Works Board.
2. The amount appropriated in this item
is available for expenditure for
capital outlay or for local
assistance until June 30, 2014.
Expenditures of funds for grants to
public agencies and grants to
nonprofit organizations, as
authorized by subdivision (a) of
Section 66907.7 of the Government
Code, are exempt from State Public
Works Board review.
SEC. 100. Item 3125-301-0286 is added to Section 2.00 of the
Budget Act of 2011, to read:
3125-301-0286--For capital outlay, California
Tahoe Conservancy, payable from the Lake Tahoe
Conservancy Account............................. 594,000
Schedule:
(1) 50.30.002-Land
acquisition and site
improvements-- Public
access and recreation
pursuant to Title
7.42 (commencing with
Section 66905) of the
Government Code......... 297,000
(2) 50.30.004-Land
acquisition and site
improvements-- Stream
environment zones and
watershed restorations
pursuant to Title 7.42
(commencing with
Section 66905) of the
Government Code......... 3,737,000
(3) Reimbursements.......... -3,440,000
Provisions:
1. The acquisition of real property or
an interest in real property with
funds appropriated in this item is
not subject to the Property
Acquisition Law when the value is
less than $550,000 and therefore is
not subject to State Public Works
Board approval.
2. The amount appropriated in this item
is available for expenditure for
capital outlay or for local
assistance until June 30, 2014.
Expenditures of funds for grants to
public agencies and grants to
nonprofit organizations, as
authorized by subdivision (a) of
Section 66907.7 of the Government
Code, are exempt from State Public
Works Board review.
SEC. 101. Item 3125-301-0890 is added to Section 2.00 of the
Budget Act of 2011, to read:
3125-301-0890--For capital outlay,
California Tahoe Conservancy, payable from
the Federal Trust Fund....................... 10,000,000
Schedule:
(1) 50.30.009-Land
acquisition and site
improvements for
implementation of the
Environmental
Improvement Program
for the Lake Tahoe
Basin, pursuant to
Title 7.42
(commencing with
Section 66905) of the
Government Code....... 10,000,000
Provisions:
1. The acquisition of real property
or an interest in real property
with funds appropriated in this
item is not subject to the
Property Acquisition Law when the
value is $550,000 or less and
therefore is not subject to
approval by the State Public
Works Board.
2. The amount appropriated in this
item is available for expenditure
for capital outlay or local
assistance until June 30, 2014.
Expenditures of funds for grants
to public agencies and grants to
nonprofit organizations, as
authorized by subdivision (a) of
Section 66907.7 of the Government
Code, are exempt from the State
Public Works Board review.
SEC. 102. Item 3125-301-6029 is added to Section 2.00 of the
Budget Act of 2011, to read:
3125-301-6029--For capital outlay, California
Tahoe Conservancy, payable from the
California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection
Fund.......................................... 828,000
Schedule:
(1) 50.30.009-Land acquisition
and site improvements for
implementation of the
Environmental Improvement
Program for the Lake Tahoe
Basin, pursuant to Title
7.42 (commencing with
Section 66905) of the
Government Code.............. 828,000
Provisions:
1. The acquisition of real property or
an interest in real property with
funds appropriated in this item is
not subject to the Property
Acquisition Law when the value is
$550,000 or less, and, therefore, is
not subject to approval by the State
Public Works Board.
2. The amount appropriated in this item
is available for expenditure for
capital outlay or local assistance
until June 30, 2014. Expenditures of
funds for grants to public agencies
and grants to nonprofit
organizations, as authorized by
subdivision (a) of Section 66907.7 of
the Government Code, are exempt from
review by the State Public Works
Board.
SEC. 103. Item 3125-301-6031 is added to Section 2.00 of the
Budget Act of 2011, to read:
3125-301-6031--For capital outlay, California
Tahoe Conservancy, payable from the Water
Security, Clean Drinking Water, Coastal and
Beach Protection Fund of 2002................. 501,000
Schedule:
(1) 50.30.009-Land acquisition
and site improvements for
implementation of the
Environmental Improvement
Program for the Lake Tahoe
Basin, pursuant to Title
7.42 (commencing with
Section 66905) of the
Government Code.............. 501,000
Provisions:
1. The acquisition of real property or
an interest in real property with
funds appropriated in this item is
not subject to the Property
Acquisition Law when the value is
$550,000 or less, and, therefore, is
not subject to approval by the State
Public Works Board.
2. The amount appropriated in this item
is available for expenditure for
capital outlay or local assistance
until June 30, 2014. Expenditures of
funds for grants to public agencies
and grants to nonprofit
organizations, as authorized by
subdivision (a) of Section 66907.7 of
the Government Code, are exempt from
review by the State Public Works
Board.
SEC. 104. Item 3125-490 is added to Section 2.00 of the Budget Act
of 2011, to read:
3125-490--Reappropriation, California Tahoe
Conservancy. The balances of the
appropriations provided in the following
citations except for the amount specified in
Item 3125-495 for reversion are
reappropriated for the purposes provided for
in those appropriations and shall be
available for encumbrance or expenditure
until June 30, 2014:
6029--California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal
Protection Fund
(1) Item 3125-101-6029, Budget Act of
2004 (Ch. 208, Stats. 2004), as
reappropriated by Item 3125-490,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(1) 10-Tahoe Conservancy
(2) Item 3125-101-6029, Budget Act of
2005 (Chs. 38 and 39, Stats. 2005),
as reappropriated by Item 3125-490,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(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), as
reappropriated by Item 3125-490,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(1) 10-Tahoe Conservancy
(2) Item 3125-101-6031, Budget Act of
2005 (Chs. 38 and 39, Stats. 2005),
as reappropriated by Item 3125-
490, Budget Act of 2009 (Ch. 1, 2009-
10 3rd Ex. Sess., as revised by Ch.
1, 2009-10 4th Ex. Sess.)
(1) 10-Tahoe Conservancy
SEC. 105. Item 3125-491 is added to Section 2.00 of the Budget Act
of 2011, to read:
3125-491--Reappropriation, California Tahoe
Conservancy. The balance of the appropriation
provided in the following citation except for
the amount specified in Item 3125-496 for
reversion is reappropriated for the purposes
provided for in that appropriation and shall
be available for encumbrance or expenditure
until June 30, 2014:
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), as
reappropriated by Item 3125-491,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(3) 50.30.004-For land acquisition
and site improvements for stream
environment zones and watershed
restorations pursuant to Title
7.42 (commencing with Section
66905) of the Government Code
(5) Reimbursements
SEC. 106. Item 3125-492 is added to Section 2.00 of the Budget Act
of 2011, to read:
3125-492--Reappropriation, California Tahoe
Conservancy. Notwithstanding any other
provision of law, the period to liquidate
encumbrances of the following citations is
extended until June 30, 2013:
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), and as
reappropriated by Item 3125-490,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(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), and as reappropriated
by Item 3125-490, Budget Act of 2009
(Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex.
Sess.)
(1) 10-Tahoe Conservancy
(2) Item 3125-101-6029, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006)
(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
2006 (Chs. 47 and 48, Stats. 2006)
(1) 10-Tahoe Conservancy
SEC. 107. Item 3125-493 is added to Section 2.00 of the Budget Act
of 2011, to read:
3125-493--Reappropriation, California Tahoe
Conservancy. Notwithstanding any other
provision of law, the period to liquidate
encumbrances of the following citations is
extended until June 30, 2013:
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), and as
reappropriated by Item 3125-491,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(1) 50.30.002-Land acquisition and
site improvements for public
access and recreation
(2) 50.30.003-Acquisition,
restoration, and enhancement of
habitat
(3) 50.30.004-Land acquisition and
site improvements for 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
2005 (Chs. 38 and 39, Stats. 2005),
as reappropriated by Item 3125-491,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(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
restoration
(4) 50.30.005-For land acquisitions
(5) Reimbursements
2) Item 3125-301-6029, Budget Act of
2006 (Ch. 47, Stats. 2006)
(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. 108. Item 3125-494 is added to Section 2.00 of the Budget Act
of 2011, to read:
3125-494--Reappropriation, California Tahoe
Conservancy. Notwithstanding any other
provision of law, the period to liquidate
encumbrances of the following citations is
extended until June 30, 2013:
0262--Habitat Conservation Fund
(1) Item 3125-301-0262, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
SEC. 109. Item 3125-495 is added to Section 2.00 of the Budget Act
of 2011, to read:
3125-495--Reversion, California Tahoe
Conservancy. Notwithstanding Item 3125-490,
as of June 30, 2011, the amounts specified
for the appropriations provided in the
following citations shall revert to the
funds from which the appropriations were
made:
6029-- California Clean Water, Clean
Air, Safe Neighborhood Parks, and
Coastal Protection Fund
(1) Item 3125-101-6029, Budget Act of
2004 (Ch. 208, Stats. 2004), as
reappropriated by Item 3125-490,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(1) 10-Tahoe Conservancy... 12,827
(2) Item 3125-101-6029, Budget Act of
2005 (Chs. 38 and 39, Stats. 2005),
as reappropriated by Item 3125-490,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(1) 10-Tahoe Conservancy... 587,892
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), as
reappropriated by Item 3125-490,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(1) 10-Tahoe
Conservancy............ 76,536
(2) Item 3125-101-6031, Budget Act of
2005 (Chs. 38 and 39, Stats. 2005),
as reappropriated by Item 3125-490,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(1) 10-Tahoe Conservancy... 424,736
SEC. 110. Item 3125-496 is added to Section 2.00 of the Budget Act
of 2011, to read:
3125-496--Reversion, California Tahoe
Conservancy. Notwithstanding Item 3125-491,
as of June 30, 2011, the amounts specified
for the appropriations provided in the
following citations shall revert to the
funds from which the appropriations were
made:
6029-- California Clean Water, Clean
Air, Safe Neighborhood Parks, and
Coastal Protection Fund
(1) Item 3125-301-6029, Budget Act of
2004 (Ch. 208, Stats. 2004), as
reappropriated by Item 3125-490,
Budget Act of 2009 (Ch. 1, 2009-10
3th Ex. Sess., as revised by Ch.1,
2009-10 4th Ex. Sess.)
(3) 50.30.004-For land
acquisition and site
improvements for
stream environment
zones and watershed
restorations pursuant
to Title 7.42
(commencing with
Section 66905) of the
Government Code........ 229,928
SEC. 111. Item 3340-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
3340-001-0001--For support of California
Conservation Corps.......................... 33,282,000
Schedule:
(1) 10-Training and Work
Program............... 66,164,000
(2) 20.01-Administration.. 7,778,000
(3) 20.02-Distributed
Administration........ -7,778,000
(5) Amount payable from
the California
Environmental License
Plate Fund (Item 3340-
001-0140)............. -312,000
(6) Amount payable from
the Collins-Dugan
California
Conservation Corps
Reimbursement Account
(Item 3340-001-0318).. -32,110,000
(7) Amount payable from
the Safe Drinking
Water, Water Quality
and Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
3340-001-6051)........ -460,000
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. 112. Item 3340-001-0318 of Section 2.00 of the Budget Act of
2011 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 Account...................... 32,110,000
Provisions:
1. Notwithstanding Section 14316
of the Public Resources Code,
the Department of Finance may
make a loan from the
General Fund to the Collins-
Dugan California Conservation
Corps Reimbursement Account
for the purposes of this item,
in the amount of 25 percent of
the reimbursements anticipated
in the Collins-Dugan
California Conservation Corps
Reimbursement Account to be
received by the California
Conservation Corps from each
client agency, not to exceed
an aggregate total of
$8,027,500 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 Sections 28.00
and 28.50, the Department of
Finance may augment this item
to reflect increases in
reimbursements in the Collins-
Dugan California Conservation
Corps Reimbursement Account
received from (a) another
officer, department, division,
bureau, or other agency of the
state, or (b) 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. 113. Item 3340-492 is added to Section 2.00 of the Budget Act
of 2011, to read:
3340-492--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
2005 (Chs. 38 and 39, Stats. 2005),
as reappropriated by Item 3340-490,
Budget Act of 2006 (Chs. 47 and
48, Stats. 2006), Item 3340-491,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008), and Item 3340-492,
Budget Act of 2010 (Ch. 712, Stats.
2010)
(1) 20.10.150-Delta Service District
Center--Acquisition, preliminary
plans, working drawings, and
construction
(2) Item 3340-301-0660, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006),
as reappropriated by Item 3340-491,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008), and Item 3340-491,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(1) 20.10.170-Tahoe Base Center
Relocation--Acquisition,
preliminary plans, working
drawings, and construction
(3) Item 3340-301-0660, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008),
as reappropriated by Item 3340-492,
Budget Act of 2010 (Ch. 712, Stats.
2010)
(1) 20.10.150-Delta Service District
Center Site--Construction
SEC. 114. Item 3360-001-0382 of Section 2.00 of the Budget Act of
2011 is amended to read:
3360-001-0382--For support of Energy
Resources Conservation and Development
Commission, for payment to Item 3360-001-
0465, payable from the Renewable Resource
Trust Fund................................ 6,264,000
SEC. 115. Item 3360-001-0465 of Section 2.00 of the Budget Act of
2011 is amended to read:
3360-001-0465--For support of Energy
Resources Conservation and Development
Commission, payable from the Energy
Resources Programs Account................. 68,496,000
Schedule:
(1) 10-Regulatory and
Planning............ 40,503,000
(2) 20-Energy Resources
Conservation........ 64,031,000
(3) 30-Development...... 214,952,000
(4) 40.01-Policy,
Management, and
Administration...... 22,261,000
(5) 40.02-Distributed
Policy, Management,
and Administration.. -22,261,000
(6) Reimbursements...... -5,820,000
(7) Amount payable from
the Motor Vehicle
Account, State
Transportation Fund
(Item 3360-001-
0044)............... -140,000
(8) Amount payable from
the Public Interest
Research,
Development, and
Demonstration Fund
(Item 3360-001-
0381)............... -43,300,000
(9) Amount payable from
the Renewable
Resource Trust Fund
(Item 3360-001-
0382)............... -6,264,000
(10) Amount payable from
the Energy
Technologies
Research,
Development, and
Demonstration
Account (Item 3360-
001-0479)........... -448,000
(11) Amount payable from
the Local
Government
Geothermal
Resources Revolving
Subaccount,
Geothermal
Resources
Development Account
(Item 3360-001-
0497)............... -307,000
(12) Amount payable from
the Federal Trust
Fund (Item 3360-001-
0890)............... -57,594,000
(13) Amount payable from
the Energy Facility
License and
Compliance Fund
(Item 3360-001-
3062)............... -7,003,000
(14) Amount payable from
the Natural Gas
Subaccount, Public
Interest Research,
Development, and
Demonstration Fund
(Item 3360-001-
3109)............... -24,000,000
(15) Amount payable from
the Alternative and
Renewable Fuel and
Vehicle Technology
Fund (Item 3360-001-
3117)............... -106,114,000
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, 2015.
2. Up to $200,000 of the funding
appropriated in this item shall
be available for an interagency
agreement between the State
Energy Resources Conservation
and Development Commission and
the Department of Finance's
Office of Statewide Audits and
Evaluations to conduct a program
review by April 1, 2012, of the
Energy Resources Program Account
and the Renewable Resources
Trust Fund, and their funding
sources, for the period of July
1, 2009, to June 30, 2011,
inclusive. The objective of the
review is to determine, through
a programmatic audit, how the
Energy Commission sets funding
priorities based on statute,
including whether there exist
positions for which statute does
not specifically require
workload by the Energy
Commission, if duplication
exists between programs, and how
the Energy Commission adjusts
revenue streams to statutory
requirements.
SEC. 116. Item 3480-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
3480-001-0001--For support of Department of
Conservation.................................. 4,599,000
Schedule:
(1) 10-Geologic Hazards
and Mineral Resources
Conservation........... 23,978,000
(2) 20-Oil, Gas, and
Geothermal Resources... 31,113,000
(3) 30-Land Resource
Protection............. 6,185,000
(4) 40.01-Administration... 11,022,521
(5) 40.02-Distributed
Administration......... -11,022,521
(6) 60-Office of Mine
Reclamation............ 8,292,000
(7) Reimbursements......... -8,989,000
(8) Amount payable from
the Surface Mining and
Reclamation Account
(Item 3480-001-0035)... -2,236,000
(9) Amount payable from
the State Highway
Account, State
Transportation Fund
(Item 3480-001-0042)... -12,000
(10) Amount payable from
the Soil Conservation
Fund (Item 3480-001-
0141).................. -2,611,000
(11) Amount payable from
the Hazardous and Idle-
Deserted Well
Abatement Fund
(Section 3206 of the
Public Resources Code). -100,000
(12) Amount payable from
the Mine Reclamation
Account (Item 3480-001-
0336).................. -4,288,000
(13) Amount payable from
the Strong Motion
Instrumentation and
Seismic Hazards
Mapping Fund (Item
3480-001-0338)......... -8,937,000
(14) Amount payable from
the Federal Trust Fund
(Item 3480-001-0890)... -2,503,000
(15) Amount payable from
the Bosco-Keene
Renewable Resources
Investment Fund (Item
3480-001-0940)......... -1,236,000
(16) Amount payable from
the Acute Orphan Well
Account, Oil, Gas, and
Geothermal
Administrative Fund
(Item 3480-001-3102)... -805,000
(17) Amount payable from
the Abandoned Mine
Reclamation and
Minerals Fund
Subaccount, Mine
Reclamation Account
(Item 3480-001-3025)... -530,000
(18) Amount payable from
the Oil, Gas, and
Geothermal
Administrative Fund
(Item 3480-001-3046)... -29,248,000
(19) Amount payable from
the Agriculture and
Open Space Mapping
Subaccount (Item 3480-
001-6004).............. -404,000
(20) Amount payable from
the California Clean
Water, Clean Air, Safe
Neighborhood Parks,
and Coastal Protection
Fund (Item 3480-001-
6029).................. -503,000
(21) Amount payable from
the Water Security,
Clean Drinking Water,
Coastal and Beach
Protection Fund of
2002 (Item 3480-001-
6031).................. -158,000
(22) Amount payable from
the Safe Drinking
Water, Water Quality
and Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
3480-001-6051)......... -2,409,000
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. 117. Item 3480-001-3046 of Section 2.00 of the Budget Act of
2011 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 29,248,00
Geothermal Administrative Fund............... 0
Provisions:
1. Of the amount appropriated in
this item, a portion may be
used for the collection and
public dissemination of
information related to
hydraulic fracturing activities
occurring in the state.
SEC. 118. Item 3480-001-6031 of Section 2.00 of the Budget Act of
2011 is amended to read:
3480-001-6031--For support of Department
of Conservation, for payment to Item 3480-
001-0001, payable from the Water
Security, Clean Drinking Water, Coastal
and Beach Protection Fund of 2002......... 158,000
SEC. 119. Item 3480-001-6051 of Section 2.00 of the Budget Act of
2011 is amended to read:
3480-001-6051--For support of Department
of Conservation, for payment to Item 3480-
001-0001, payable from the Safe Drinking
Water, Water Quality and Supply, Flood
Control, River and Coastal Protection
Fund of 2006.............................. 2,409,000
SEC. 120. Item 3480-491 is added to Section 2.00 of the Budget Act
of 2011, to read:
3480-491--Reappropriation, Department of
Conservation. 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, 2012:
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) Item 3480-001-6031, Budget Act of
2009, (Ch. 1, 2009-10 3rd Ex. Sess.,
as revised by Ch. 1, 2009-10 4th Ex.
Sess.)
SEC. 121. Item 3480-492 is added to Section 2.00 of the Budget Act
of 2011, to read:
3480-492--Reappropriation, Department of
Conservation. The balance of the appropriation
provided in the following citation is
reappropriated for the purposes provided for
in that appropriation and shall be available
for encumbrance or expenditure until June 30,
2012:
6051--Safe Drinking Water, Water Quality
and Supply, Flood Control, River and
Coastal Protection Fund of 2006
(1) Item 3480-001-6051, Budget Act of 2009
(Ch.
1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex.
Sess.)
SEC. 122. Item 3500-001-0133 of Section 2.00 of the Budget Act of
2011 is amended to read:
3500-001-0133--For support of Department
of Resources Recycling and Recovery,
payable from the California Beverage
Container Recycling Fund................... 48,525,000
Schedule:
(1) 11-Waste Reduction
and Management...... 85,425,000
(2) 30.01-
Administration...... 14,353,000
(3) 30.02-Distributed
Administration...... -14,353,000
(4) 50-Beverage
Container Recycling
and Litter
Reduction........... 48,738,000
(5) Reimbursements...... -307,000
(6) Amount payable from
the California Used
Oil Recycling Fund
(Item 3500-001-
0100)............... -4,917,000
(7) Amount payable from
the California Used
Oil Recycling Fund
(paragraph (1) of
subdivision (a) of
Section 48653 of
the Public
Resources Code)..... -5,048,000
(8) Amount payable from
the California Used
Oil Recycling Fund
(paragraph (4) of
subdivision (a) of
Section 48653 of
the Public
Resources Code)..... -3,078,000
(9) Amount payable from
the Air Pollution
Control Fund (Item
3500-001-0115)...... -501,000
(10) Amount payable from
the California Tire
Recycling
Management Fund
(Item 3500-001-
0226)............... -29,597,000
(11) Amount payable from
the Recycling
Market Development
Revolving Loan
Subaccount,
Integrated Waste
Management Account
(Item 3500-001-
0281)............... -890,000
(12) Amount payable from
the Solid Waste
Disposal Site
Cleanup Trust Fund
(Item 3500-001-
0386)............... -618,000
(13) Amount payable from
the Integrated
Waste Management
Account, Integrated
Waste Management
Fund (Item 3500-001-
0387)............... -34,334,000
(14) Amount payable from
the Integrated
Waste Management
Account, Integrated
Waste Management
Fund (Item 3500-006-
0387)............... -640,000
(15) Amount payable from
the Farm and Ranch
Solid Waste
Cleanup and
Abatement Account
(Item 3500-001-
0558)............... -1,139,000
(16) Amount payable from
the Federal Trust
Fund (Item 3500-001-
0890)............... -63,000
(17) Amount payable from
the Rigid Container
Account (Item 3500-
001-3024)........... -167,000
(18) Amount payable from
the Electronic
Waste Recovery and
Recycling Account,
Integrated Waste
Management Fund
(Item 3500-001-
3065)............... -4,339,000
Provisions:
1. Notwithstanding any other
provision of law, upon approval
and order of the Department of
Finance, the Department of
Resources Recycling and Recovery
may borrow sufficient funds for
cashflow needs from special
funds that otherwise provide
support for the department. Any
such loans are to be repaid with
interest at the rate earned in
the Pooled Money Investment
Account.
2. The Department of Resources
Recycling and Recovery shall
convene a monthly workgroup
starting July 1, 2011, and
concluding December 31, 2011, to
include legislative budget and
policy staff and the Legislative
Analyst's Office. This working
group shall focus on correcting
the following issues at the
department: (a) separating the
Division of Recycling from the
former waste board functions,
(b) ensuring that funds are not
commingled between the Beverage
Container Recycling Fund and the
waste divisions, (c) removing
any unnecessary career executive
assignment positions that
functionally duplicate any
Governor's appointees, and (d)
determining a pathway to return
functional programs by
policy area to foster expertise
in subject areas.
SEC. 123. Item 3500-404 is added to Section 2.00 of the Budget Act
of 2011, to read:
3500-404--The amount loaned pursuant to
Provision 1 of Item 3480-011-0269, Budget
Act of 2003 (Ch. 157, Stats. 2003), as
amended by Item 3480-401, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008),
shall not be required to be repaid until
June 30, 2014. The Director of Finance
shall order the repayment of all or a
portion of this loan if he or she
determines that either of the following
circumstances exists: (1) the fund or
account from which the loan was made has
a need for the moneys, or (2) there is no
longer a need for the moneys in the fund
or account that received the loan.
SEC. 124. Item 3500-405 is added to Section 2.00 of the Budget Act
of 2011, to read:
3500-405--The amount loaned pursuant to
Provision 1 of Item 3480-011-0278, Budget
Act of 2003 (Ch. 157, Stats. 2003), as
amended by Item 3480-401, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008),
shall not be required to be repaid until
June 30, 2014. The Director of Finance
shall order the repayment of all or a
portion of this loan if he or she
determines that either of the following
circumstances exists: (1) the fund or
account from which the loan was made has
a need for the moneys, or (2) there is no
longer a need for the moneys in the fund
or account that received the loan.
SEC. 125. Item 3540-001-0001 of Section 2.00 of
the Budget Act of 2011 is amended to read:
3540-001-0001--For support of Department of
Forestry and Fire Protection................ 587,594,000
Schedule:
(1) 10-Office of the
State Fire Marshal... 21,517,000
(2) 11-Fire Protection... 981,337,000
(3) 12-Resource
Management........... 53,000,000
(4) 13-Board of Forestry
and Fire Protection.. 449,000
(5) 20.01-Administration. 71,083,000
(6) 20.02-Distributed
Administration....... -67,806,000
(7) Reimbursements....... -284,387,000
(8) Less funding
provided by capital
outlay............... -15,960,000
(8.5) Amount payable from
the General Fund
(Item 3540-005-0001). -2,760,000
(9) Amount payable from
the General Fund
(Item 3540-006-0001). -121,000,000
(10) Amount payable from
the State Emergency
Telephone Number
Account (Item 3540-
001-0022)............ -3,009,000
(11) Amount payable from
the Unified Program
Account (Item 3540-
001-0028)............ -352,000
(12) Amount payable from
the State Fire
Marshal Licensing
and Certification
Fund (Item 3540-001-
0102)................ -2,723,000
(13) Amount payable from
the California
Environmental
License Plate Fund
(Item 3540-001-0140). -501,000
(14) Amount payable from
the California Fire
and Arson Training
Fund (Item 3540-001-
0198)................ -3,090,000
(15) Amount payable from
the Hazardous Liquid
Pipeline Safety Fund
(Item 3540-001-0209). -3,161,000
(16) Amount payable from
the Public Resources
Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
3540-001-0235)....... -356,000
(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)................ -23,558,000
(19) Amount payable from
the Forest Resources
Improvement Fund
(Item 3540-001-0928). -7,933,000
(20) Amount payable from
the Timber Tax Fund
(Item 3540-001-0965). -35,000
(22) Amount payable from
the Alternative and
Renewable Fuel and
Vehicle Technology
Fund (Item 3540-001-
3117)................ -1,503,000
(23) Amount payable from
the State Fire
Marshal Fireworks
Enforcement and
Disposal Fund (Item
3540-001-3120)....... -320,000
(24) Amount payable
from the Building
Standards
Administration
Special Revolving
Fund (Item 3540-001-
3144)................ -142,000
(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)....... -980,000
Provisions:
1. Notwithstanding any other
provision of law, the Director 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 later than whatever
lesser time prior to that
date the chairperson of
the joint committee, or
his or her designee, may
determine.
3. The Director of Finance may
adjust amounts in Schedule (2) to
provide equivalent fire
protection base funding changes
to contract counties in
accordance with Section 4130 of
the Public Resources Code.
Notwithstanding any other
provision of law, the Director of
Finance may authorize a loan from
the General Fund to the
Department of Forestry and Fire
Protection to meet cash needs
resulting from the delay in
receipt of revenues into the
Emergency Response Fund, provided
that:
(a) The loan is for a short
term and shall be repaid
by December 31 of the
fiscal year following
that in which the loan
was authorized.
(b) Interest charges may be
waived pursuant to
subdivision (e) of
Section 16314 of the
Government Code.
(c) 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 later than whatever
lesser time prior to that
date the chairperson
of the joint committee,
or his or her designee,
may determine.
4. The Department of General
Services, with the consent of the
Department of Forestry and Fire
Protection, may enter into a
lease, lease-purchase agreement,
or lease with a purchase option,
with Riverside County for build-
to-suit facilities to replace the
Hemet-Ryan Air Attack Base,
subject to Department of Finance
approval. The agreement may
contain one or more purchase
options during the term of the
agreement. Thirty days prior to
approving any agreement pursuant
to this provision, the
Department of Finance 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.
5. The Department of Forestry and
Fire Protection shall convene a
working group consisting of
legislative staff, department
executive staff, the Department
of Finance, the Legislative
Analyst's Office, and at least
two fire chiefs (one from
northern California, one from
southern California, and from
both urban and rural districts)
to discuss options for future
funding, realignment, and
possible changes in the
state's management of wildland
firefighting. The group shall
meet no less than three times
between July 1, 2011, and
December 1, 2011, to the extent
possible in person, but at a
minimum by telephone.
6. The Department of Forestry and
Fire Protection shall contract
for an independent analysis of
wildland firefighting costs as
compared to other western states,
and to produce recommendations
for funding solutions to the
above working group.
7. The Department of Forestry and
Fire Protection shall report to
the Legislature on the results of
the working group's efforts in
spring 2012 budget hearings, and
shall work with the Legislature
to implement any feasible changes
to the budget at that time.
SEC. 125. Item 3540-001-0001 of Section 2.00 of
the Budget Act of 2011 is amended to read:
3540-001-0001--For support of Department of
Forestry and Fire Protection................ 543,159,000
437,594,000
Schedule:
(1) 10-Office of the
State Fire Marshal... 21,517,000
(2) 11-Fire Protection... 936,902,000
981,337,000
(3) 12-Resource
Management........... 53,000,000
(4) 13-Board of Forestry
and Fire Protection.. 449,000
(5) 20.01-Administration. 71,083,000
(6) 20.02-Distributed
Administration....... -67,806,000
(7) Reimbursements....... -284,387,000
(8) Less funding
provided by capital
outlay............... -15,960,000
(8.5) Amount payable from
the General Fund
(Item 3540-005-0001). -2,760,000
(9) Amount payable from
the General Fund
(Item 3540-006-0001). -121,000,000
(10) Amount payable from
the State Emergency
Telephone Number
Account (Item 3540-
001-0022)............ -3,009,000
(11) Amount payable from
the Unified Program
Account (Item 3540-
001-0028)............ -352,000
(12) Amount payable from
the State Fire
Marshal Licensing
and Certification
Fund (Item 3540-001-
0102)................ -2,723,000
(13) Amount payable from
the California
Environmental
License Plate Fund
(Item 3540-001-0140). -501,000
(14) Amount payable from
the California Fire
and Arson Training
Fund (Item 3540-001-
0198)................ -3,090,000
(15) Amount payable from
the Hazardous Liquid
Pipeline Safety Fund
(Item 3540-001-0209). -3,161,000
(16) Amount payable from
the Public Resources
Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
3540-001-0235)....... -356,000
(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)................ -23,558,000
(19) Amount payable from
the Forest Resources
Improvement Fund
(Item 3540-001-0928). -7,933,000
(20) Amount payable from
the Timber Tax Fund
(Item 3540-001-0965). -35,000
(22) Amount payable from
the Alternative and
Renewable Fuel and
Vehicle Technology
Fund (Item 3540-001-
3117)................ -1,503,000
(23) Amount payable from
the State Fire
Marshal Fireworks
Enforcement and
Disposal Fund (Item
3540-001-3120)....... -320,000
(24) Amount payable
from the Building
Standards
Administration
Special Revolving
Fund (Item 3540-001-
3144)................ -142,000
(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)....... -980,000
(26) Amount payable from
the State
Responsibility Area
Fire Protection Fund
(Item 3540-001-3063). -150,000,000
Provisions:
1. Notwithstanding any other
provision of law, the Director 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 soon lat er than
whatever
lesser time the
prior to
that
date the chairperson of the
joint
the joint committee, or his or
her
his or her designee, may
determine.
determine.
3. The Director of Finance may
adjust amounts in Schedule (2) to
provide equivalent fire
protection base funding changes
to contract counties in
accordance with Section 4130 of
the Public Resources Code.
Notwithstanding any other
provision of law, the Director of
Finance may authorize a loan from
the General Fund to the
Department of Forestry and Fire
Protection to meet cash needs
resulting from the delay in
receipt of revenues into the
Emergency Response Fund, provided
that:
(a) The loan is for a short
term and shall be repaid
by December 31 of the
fiscal year following
that in which the loan
was authorized.
(b) Interest charges may be
waived pursuant to
subdivision (e) of
Section 16314 of the
Government Code.
(c) 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 soon lat er than
whatever
lesser time the
prior to
that
date the chairperson of the
joint
the joint committee, or his or
her
his or her designee, may
determine.
determine.
4. The Department of General
Services, with the consent of the
Department of Forestry and Fire
Protection, may enter into a
lease, lease-purchase agreement,
or lease with a purchase option,
with Riverside County for build-
to-suit facilities to replace the
Hemet-Ryan Air Attack Base,
subject to Department of Finance
approval. The agreement may
contain one or more purchase
options during the term of the
agreement. Thirty days prior to
approving any agreement pursuant
to this provision, the Department
of Finance 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.
5. The Department of Forestry and
Fire Protection shall convene a
working group consisting of
legislative staff, department
executive staff, the Department
of Finance, the Legislative
Analyst's Office, and at least
two fire chiefs (one from
northern California, one from
southern California, and from
both urban and rural districts)
to discuss options for future
funding, realignment, and
possible changes in the state's
management of wildland
firefighting. The group shall
meet no less than three times
between July 1, 2011, and
December 1, 2011, to the extent
possible in person, but at a
minimum by telephone.
6. The Department of Forestry and
Fire Protection shall contract
for an independent analysis of
wildland firefighting costs as
compared to other western states,
and to produce recommendations
for funding solutions to the
above working group.
7. The Department of Forestry and
Fire Protection shall report to
the Legislature on the results of
the working group's efforts in
spring 2012 budget hearings, and
shall work with the Legislature
to implement any feasible changes
to the budget at that time.
8. Of the amount provided in this
item, the Department of Forestry
and Fire Protection shall collect
sufficient funds to cover the
cost of Timber Harvest Plans in
accordance with subdivision (a)
of Section 21089 of the Public
Resources Code, except that the
funds collected shall not exceed
$10,000,000.
SEC. 125.3. Item 3540-001-3063 is added to Section
2.00 of the Budget Act of 2011 , to read:
3540-001-3063--For support of the
Department of Forestry and Fire
Protection, for payment to Item 3540-001-
0001, payable from the State
Responsibility Area Fire Protection Fund.. 150,000,000
SEC. 126. Item 3540-301-0668 is added to Section 2.00 of the
Budget Act of 2011, to read:
3540-301-0668--For capital outlay, Department
of Forestry and Fire Protection, payable from
the Public Buildings Construction Fund
Subaccount.................................... 500,000
Schedule:
(1) 30.20.145-Shasta Trinity
Unit Headquarter: Relocate
Facility..................... 200,000
(2) 30.40.200-Blanchard Fire
Station: Replace Facility-
-Acquisition................. 300,000
Provisions:
1. Notwithstanding any other provision
of law, the funds appropriated in
Schedule (1) may be used to acquire
less than fee interests in real
property, including a purchase option
or a lease with purchase option,
subject to State Public Works Board
approval.
SEC. 127. Item 3540-494 is added to Section 2.00 of the Budget Act
of 2011, to read:
3540-494--Reappropriation, extension of
liquidation period, Department of Forestry and
Fire Protection. Notwithstanding any other
provision of law, 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, 2012, and liquidation of
encumbrance until June 30, 2014:
6029--California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal
Protection Fund
(1) Item 3540-001-6029, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), as
reappropriated by Item 3540-490 (Ch.
712, Stats. 2010)
(2) Item 3540-101-6029, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), as
reappropriated by Item 3540-490 (Ch.
712, Stats. 2010)
SEC. 128. Item 3600-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
3600-001-0001--For support of Department of
Fish and Game............................... 63,595,000
Schedule:
(1) 20-Biodiversity
Conservation
Program............. 98,126,000
(2) 25-Hunting,
Fishing, and Public
Use................. 109,751,000
(3) 30-Management of
Department Lands
and Facilities...... 64,948,000
(4) 40-Enforcement...... 73,350,000
(4.5) 45-Communication,
Education, and
Outreach............ 4,678,000
(5) 50-Spill Prevention
and Response........ 34,570,000
(5.5) 61-Fish and Game
Commission.......... 1,431,000
(6) 70.01-
Administration...... 45,125,000
(7) 70.02-Distributed
Administration...... -45,125,000
(8) Reimbursements...... -53,194,000
(9) Amount payable from
the Safe
Neighborhood Parks,
Clean Water, Clean
Air, and Coastal
Protection Bond
Fund (Item 3600-001-
0005)............... -500,000
(10) Amount payable from
the California
Environmental
License Plate Fund
(Item 3600-001-
0140)............... -13,473,000
(11) Amount payable from
the Fish and Game
Preservation Fund
(Item 3600-001-
0200)............... -115,483,000
(12) Amount payable
from the Fish and
Wildlife Pollution
Account (Item 3600-
001-0207)........... -2,798,000
(13) Amount payable from
the California
Waterfowl Habitat
Preservation
Account, Fish and
Game Preservation
Fund (Item 3600-001-
0211)............... -245,000
(14) Amount payable from
the Marine Invasive
Species Control
Fund (Item 3600-001-
0212)............... -1,348,000
(15) Amount payable from
the Public
Resources Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
3600-001-0235)...... -2,075,000
(16) Amount payable from
the Oil Spill
Prevention and
Administration Fund
(Item 3600-001-
0320)............... -23,711,000
(17) Amount payable from
the Environmental
Enhancement Fund
(Item 3600-001-
0322)............... -358,000
(18.5) Amount payable from
the Harbors and
Watercraft
Revolving Fund
(Item 3600-001-
0516)............... -2,392,000
(19) Amount payable from
the Federal Trust
Fund (Item 3600-001-
0890)............... -71,346,000
(20) Amount payable from
the Special Deposit
Fund (Item 3600-001-
0942)............... -1,618,000
(21) Amount payable from
the Hatchery and
Inland Fisheries
Fund (Item 3600-
001-3103)........... -24,718,000
(24) Amount payable from
the Interim Water
Supply and Water
Quality
Infrastructure and
Management
Subaccount (Item
3600-001-6027)...... -746,000
(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)............... -7,517,000
(27) Amount payable from
the Salton Sea
Restoration Fund
(Item 3600-001-
8018)............... -1,601,000
(28) Amount payable from
the California Sea
Otter Fund (Item
3600-001-8047)...... -136,000
Provisions:
1. The funds appropriated in this
item may be increased with the
approval of, and under the
conditions set by, the Director
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
Bureau of Reclamation within the
United States Department of the
Interior 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. The funds appropriated in this
item shall not be used by
the Department of Fish and Game
for suction dredge mining
regulation, permitting, or other
activities, except litigation
and enforcement costs.
SEC. 129. Item 3600-001-0200 of Section 2.00 of the Budget Act of
2011 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.................... 115,483,000
SEC. 130. Item 3600-001-0320 of Section 2.00 of the Budget Act of
2011 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........ 23,711,000
SEC. 131. Item 3600-001-3103 of Section 2.00 of the Budget Act of
2011 is amended to read:
3600-001-3103--For support of Department of
Fish and Game, for payment to Item 3600-001-
0001, payable from the Hatchery and Inland 24,718,00
Fisheries Fund............................... 0
Provisions:
1. Notwithstanding Section 13007
of the Fish and Game Code,
$1,500,000 shall be allocated
by the Department of Fish and
Game for timber harvest plan
review required under the
California Environmental
Quality Act (Division 13
(commencing with Section 21000)
of the Public Resources
Code) functional equivalent
certification to evaluate and
mitigate the potential adverse
impacts of timber operations on
the public trust fish and
wildlife resources of the
state, including, but not
limited to, salmonid fisheries.
2. Notwithstanding Section 13007
of the Fish and Game Code,
$500,000 shall be allocated by
the Department of Fish and Game
for state forest nurseries,
including, but not limited to,
the operation of the Magalia
Reforestation Center, to ensure
ongoing mitigation of the
potential adverse impacts of
small-scale forest operations
on the public trust fish and
wildlife resources of the
state, including, but not
limited to, salmonid fisheries.
3. $500,000 shall be allocated for
the Department of Fish and
Game's Heritage and Wild Trout
Program to support the
identification, restoration,
and promotion of California's
Wild Trout Waters and Heritage
Trout Waters, consistent with
Section 13007 of the Fish and
Game Code and existing program
priorities. The department may
make grants to or enter into
contracts with qualified
entities, including, but not
limited to, nonprofit
organizations, if the
department determines that such
grants or contracts are
necessary for the
implementation of this
provision.
SEC. 132. Item 3600-001-6051 of Section 2.00 of the Budget Act of
2011 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,
River and Coastal Protection Fund of 2006... 7,517,000
Provisions:
1. The amount appropriated in this
item shall be available for
expenditure until June 30, 2013.
SEC. 133. Item 3600-301-0235 of Section 2.00 of the Budget Act of
2011 is amended to read:
3600-301-0235--For capital outlay,
Department of Fish and Game, payable from
the Public Resources Account, Cigarette and
Tobacco Products Surtax Fund................. 720,000
Schedule:
(1) 90.99.100-Minor Projects... 720,000
Provisions:
1. The funds appropriated in Schedule
(1) include funding for construction
and preconstruction activities,
including, but not limited to,
study, environmental documents,
preliminary plans, working drawings,
equipment, and other costs relating
to the design and construction of
facilities, that may be performed by
the Department of Fish and Game,
subject to approval by the
Department of Finance. While the
Department of Fish and Game may
manage these projects, the projects
are not subject to review by the
State Public Works Board.
SEC. 134. Item 3600-301-3103 is added to Section 2.00 of the
Budget Act of 2011, to read:
3600-301-3103--For capital outlay,
Department of Fish and Game, payable from
the Hatchery and Inland Fisheries Fund....... 1,650,000
Schedule:
(1) 90.99.100-Minor Projects... 1,650,000
Provisions:
1. The funds appropriated in Schedule
(1) include funding for construction
and preconstruction activities,
including, but not limited to,
study, environmental documents,
preliminary plans, working drawings,
equipment, and other costs relating
to the design and construction of
facilities, that may be performed by
the Department of Fish and Game,
subject to approval by the
Department of Finance. While the
Department of Fish and Game may
manage these projects, the projects
are not subject to review by the
State Public Works Board.
SEC. 135. Item 3600-301-6051 is added to Section 2.00 of the
Budget Act of 2011, to read:
3600-301-6051--For capital outlay, Department of
Fish and Game, payable from the Safe Drinking Water,
Water Quality and Supply, Flood Control, River and
Coastal Protection Fund of 2006...................... 0
Schedule:
(1) 90.60.001-San Joaquin
River Salmon
Conservation and
Research Facility-
-Preliminary plans and
working drawings........ 1,404,000
(2) Reimbursements.......... -1,404,000
Provisions:
1. Notwithstanding Section 1.80, the funds
appropriated in this item shall be
available for expenditure until June
30, 2013.
2. Notwithstanding Section 6.00, the funds
appropriated to the Natural Resources
Agency, from Proposition 84 for San
Joaquin River Restoration activities,
may be used to reimburse costs
associated with this project.
SEC. 136. Item 3600-491 is added to Section 2.00 of the Budget Act
of 2011, to read:
3600-491--Reappropriation, Department of Fish
and Game. Notwithstanding any other provision
of law, the amounts appropriated for the
Automated License Data System in the
following citations are hereby reappropriated
until June 30, 2014, to the Department of
Fish and Game for the purposes and subject to
the limitations, unless otherwise specified,
provided for in those appropriations:
0200--Fish and Game Preservation Fund
(1) Item 3600-001-0200, Budget
Act of 2009 (Ch.1, Stats
2009-10, 3rd Ex. Sess., as
revised by Ch. 1, Stats
2009-10, 4th Ex. Sess.)..... 2,044,000
(2) Item 3600-001-0200, Budget
Act of 2010 (Ch. 712, Stats
2010)....................... 900,000
3103--Hatchery and Inland Fisheries Fund
(1) Item 3600-001-3103, Budget
Act of 2009 (Ch.1,
Stats 2009-10, 3rd Ex.
Sess., as revised by Ch. 1,
Stats 2009-10, 4th Ex.
Sess.)..................... 476,000
(2) Item 3600-001-3103, Budget
Act of 2010 (Ch. 712, Stats
2010)....................... 499,000
SEC. 137. Item 3640-301-0262 of Section 2.00 of the Budget Act of
2011 is amended to read:
3640-301-0262--For capital outlay, Wildlife
Conservation Board, payable from the Habitat
Conservation Fund............................. 20,663,000
Schedule:
(1) 80.10-Wildlife
Conservation Board
Projects (Unscheduled). 20,663,000
Provisions:
1. The funds appropriated in this item
are provided in accordance with the
Wildlife Conservation Law of 1947
and therefore shall not be subject
to State Public Works Board review.
2. The amount appropriated in this
item is available for expenditure
for capital outlay or local
assistance until June 30, 2014.
SEC. 138. Item 3640-301-0447 of Section 2.00 of the Budget Act of
2011 is amended to read:
3640-301-0447--For capital outlay, Wildlife
Conservation Board, payable from the
Wildlife Restoration Fund.................... 1,000,000
Schedule:
(1) 80.10.010-Minor Projects... 1,000,000
Provisions:
1. The funds appropriated in this item
are provided in accordance with the
provisions of the Wildlife
Conservation Law of 1947 and,
therefore, shall not be subject to
State Public Works Board review.
2. The amount appropriated in this item
is available for expenditure for
capital outlay or local assistance.
SEC. 139. Item 3640-490 of Section 2.00 of the Budget Act of 2011
is amended to read:
3640-490--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 until June 30, 2014:
0262-- Habitat Conservation Fund
(1) Item 3640-301-0262, Budget Act of
2007 (Chs. 171 and 172, Stats. 2007)
(1) 80.10-Wildlife Conservation Board
Projects
6051--Safe Drinking Water, Water Quality
and Supply, Flood Control, River and
Coastal Protection Fund of 2006
(1) Item 3640-301-6051, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008)
(1) 80.10-Wildlife Conservation Board
Projects
SEC. 140. Item 3640-492 is added to Section 2.00 of the Budget Act
of 2011, to read:
3640-492--Reappropriation, Wildlife
Conservation Board. Notwithstanding any other
provision of law, the period to liquidate
encumbrances of the following citations is
extended to June 30, 2013:
0262--Habitat Conservation Fund
(1) Item 3640-301-0262, Budget Act of
2004 (Ch. 208, Stats. 2004), as
reappropriated by Item 3640-492,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(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), as
reappropriated by Item 3640-492,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
SEC. 141. Item 3640-493 is added to Section 2.00 of the Budget Act
of 2011, to read:
3640-493--Reappropriation, Wildlife
Conservation Board. Notwithstanding any other
provision of law, the period to liquidate
encumbrances of the following citations is
extended to June 30, 2013:
0005--Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection
Bond Fund
(1) Item 3640-302-0005, Budget Act of
2000 (Ch. 52, Stats. 2000), as
reappropriated by Item 3640-490,
Budget Act of 2003 (Ch. 157, Stats.
2003), and as reappropriated by
Item 3640-490, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
(1) 80.10.603-San Joaquin River
Conservancy--Project and
acquisition
SEC. 142. Item 3680-001-0516 of Section 2.00 of the Budget Act of
2011 is amended to read:
3680-001-0516--For support of Department of
Boating and Waterways, payable from the
Harbors and Watercraft Revolving Fund......... 17,567,000
Schedule:
(1) 10-Boating Facilities.. 18,383,000
(2) 20-Boating Operations.. 8,757,000
(3) 30-Beach Erosion
Control................ 355,000
(4) 40.01-Administration... 2,313,000
(5) 40.02-Distributed
Administration......... -2,313,000
(6) Reimbursements......... -15,000
(7) Amount payable from
the Federal Trust Fund
(Item 3680-001-0890)... -9,768,000
(8) Less funding provided
by capital outlay...... -145,000
Provisions:
1. Notwithstanding Section 85.2 of the
Harbors and Navigation Code,
$355,000 of the funds appropriated
in this item shall be expended for
support of the Beach Erosion
Control program.
2. Notwithstanding any other provision
of law, $300,000 of the funds
appropriated in Schedule (1) may be
used for emergency repairs.
SEC. 143. Item 3680-101-0516 of Section 2.00 of the Budget Act of
2011 is amended to read:
3680-101-0516--For local assistance,
Department of Boating and Waterways, payable
from the Harbors and Watercraft Revolving 26,160,00
Fund.......................................... 0
Schedule:
(1) 10-Boating Facilities.......... 17,638,00
0
(a) Launching
Facility (11,195,000
Grants......... )
(1) Channel
Islands
BLF....... (4,510,000)
(2) Santa
Barbara
BLF....... (350,000)
(3) Glorietta
Bay BLF... (630,000)
(4) Santa
Margarita
Lake BLF.. (540,000)
(5) Lake
Isabella
BLF....... (470,000)
(6) Redbud
BLF....... (945,000)
(7) Mayflower
BLF....... (620,000)
(8) Sandy
Beach BLF. (60,000)
(9) Ramp
Repair &
Modificati
on........ (500,000)
(10) Non-
Motorized
Boat
Launching
Facilities
.......... (300,000)
(11) Floating
Restrooms. (300,000)
(12) Signs..... (20,000)
(13) Statewide
Reassessed
Project
Grant
Funding... (1,000,000)
(14) Reimbursem
ent
Grants.... (950,000)
(b) Public Small
Craft Harbor
Loans.......... (4,500,000)
(1) Santa
Cruz
Harbor,
Santa
Cruz Port
District.. (2,500,000)
(2) Santa
Barbara
Harbor,
City of
Santa
Barbara... (1,700,000)
(3) Statewide-
-
Emergency
Loans..... (300,000)
(c) Clean Vessel
Act Grant
Program........ (843,000)
(d) Boating Trails. (1,000,000)
(e) Boating
Infrastructure
Grant Program.. (100,000)
(2) 20-Boating Operations.......... 13,700,00
0
(3) 30-Beach Erosion Control....... 2,005,000
(4) Reimbursements................. -1,000,00
0
(5) Amount payable from the
Abandoned Watercraft Abatement
Fund (Item 3680-101-0577)...... -600,000
(6) Amount payable from the
Federal Trust Fund (Item 3680- -4,443,00
101-0890)...................... 0
(7) Amount payable from the Public
Beach Restoration Fund (Item -1,140,00
3680-101-3001)................. 0
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. 144. Item 3680-301-0516 of Section 2.00 of the Budget Act of
2011 is amended to read:
3680-301-0516--For capital outlay, Department
of Boating and Waterways, payable from the
Harbors and Watercraft Revolving Fund......... 7,435,000
Schedule:
(1) 50.99.020-Minor Projects.... 4,185,000
(2) 50.99.010-Channel Islands
Boating Instruction and
Safety Center--Construction. 3,250,000
SEC. 145. Item 3720-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
3720-001-0001--For support of California
Coastal Commission.......................... 10,798,000
Schedule:
(1) 10-Coastal Management
Program............... 16,820,000
(2) 20-Coastal Energy
Program............... 1,129,000
(3) 30.01-Administration.. 2,749,000
(4) 30.02-Distributed
Administration........ -2,649,000
(5) Reimbursements........ -2,328,000
(6) Amount payable from
California Beach and
Coastal Enhancement
Account (Item 3720-
001-0371)............. -581,000
(6.5) Amount payable from
the State Coastal
Conservancy Fund
(Item 3720-001-0565).. -1,136,000
(7) Amount payable from
the Federal Trust
Fund (Item 3720-001-
0890)................. -2,559,000
(8) Amount payable from
the Coastal Act
Services Fund
(Item 3720-001-3123).. -647,000
SEC. 146. Item 3720-001-0565 is added to Section 2.00 of the
Budget Act of 2011, to read:
3720-001-0565--For support of California
Coastal Commission, for payment to Item 3720-
001-0001, payable from the State Coastal
Conservancy Fund............................... 1,136,000
Provisions:
1. Notwithstanding any other provision of
law, the funds appropriated in this
item shall be available for
encumbrance or expenditure until June
30, 2013.
SEC. 147. Item 3760-001-0565 of Section 2.00 of the Budget Act of
2011 is amended to read:
3760-001-0565--For support of State Coastal
Conservancy, payable from the State Coastal
Conservancy Fund............................... 835,000
Schedule:
(1) 15-Coastal Resource
Development............ 4,527,000
(2) 25-Coastal Resource
Enhancement............ 6,578,000
(3) 90.01-Administration
and Support............ 3,702,000
(4) 90.02-Distributed
Administration......... -3,702,000
(5) Reimbursements......... -374,000
(6) Amount payable from
the Safe Neighborhood
Parks, Clean Water,
Clean Air, and Coastal
Protection Bond Fund
(Item 3760-001-0005)... -1,518,000
(8) Amount payable from
the California
Environmental License
Plate Fund (Item 3760-
001-0140).............. -1,503,000
(9) Amount payable from
the Federal Trust Fund
(Item 3760-001-0890)... -137,000
(10) Amount payable from
the California Clean
Water, Clean Air, Safe
Neighborhood Parks,
and Coastal Protection
Fund (Item 3760-001-
6029).................. -2,030,000
(11) Amount payable from
the Water Security,
Clean Drinking Water,
Coastal and Beach
Protection Fund of
2002 (Item 3760-001-
6031).................. -720,000
(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)......... -2,745,000
(13) Amount payable from
the California Ocean
Protection Trust Fund
(Item 3760-001-6076)... -1,086,000
(14) Amount payable from
the California Sea
Otter Fund (Item 3760-
001-8047).............. -157,000
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. 148. Item 3760-001-6051 of Section 2.00 of the Budget Act of
2011 is amended to read:
3760-001-6051--For support of State
Coastal Conservancy, for payment to Item
3760-001-0565, payable from the Safe
Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal
Protection Fund of 2006................... 2,745,000
SEC. 149. Item 3760-001-6076 of Section 2.00 of the Budget Act of
2011 is amended to read:
3760-001-6076--For support of State
Coastal Conservancy, for payment to Item
3760-001-0565, payable from the
California Ocean Protection Trust Fund.... 1,086,000
SEC. 150. Item 3760-301-0262 of Section 2.00 of the Budget Act of
2011 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.. 8,000,000
(2) Reimbursements........ -4,000,000
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 State Coastal
Conservancy, pursuant to
subdivision (b) of Section 2787 of
the Fish and Game Code.
SEC. 151. Item 3760-301-0371 of Section 2.00 of the Budget Act of
2011 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.................................... 370,000
Schedule:
(1) 80.18.030-Public Access..... 770,000
(2) Reimbursements.............. -400,000
Provisions:
1. (a) The State Coastal Conservancy may
not enter into a grant contract
with a nonprofit organization or
local government for property
acquisition unless the grant
contract provides a reversionary
interest to the state that
specifies that the property shall
not revert to the state without
review and approval by the State
Coastal Conservancy and the State
Public Works Board.
(b) The State Coastal Conservancy may
not enter into a grant contract
with a nonprofit organization or
local government for property
acquisition that provides for a
state leasehold interest in
property acquired by a nonstate
public agency with grant funds of
the State Coastal Conservancy
unless the Director of General
Services approves the lease terms.
(c) Except for the above, the
expenditure of funds for
grants to nonstate public
agencies and nonprofit
organizations is exempt from
State Public Works Board review.
2. The funds appropriated in this item
are available for encumbrance for
either capital outlay or local
assistance until June 30, 2014.
SEC. 152. Item 3760-301-0565 of Section 2.00 of the Budget Act of
2011 is amended to read:
3760-301-0565--For capital outlay, State
Coastal Conservancy, payable from the State
Coastal Conservancy Fund..................... 1,100,000
Schedule:
(1) 80.18.030-Public
Access................. 1,900,000
(2) Reimbursements......... -800,000
Provisions:
1. The funds appropriated in this
item are conditioned upon all of
the following:
(a) The State Coastal
Conservancy may not enter
into a grant contract with
a nonprofit organization
or local government for
property acquisition
unless the grant contract
provides a reversionary
interest to the state that
specifies that the
property shall not revert
to the state without
review and approval by the
State Coastal Conservancy
and the State Public Works
Board.
(b) The State Coastal
Conservancy may not enter
into a grant contract with
a nonprofit organization
or local government for
property acquisition that
provides for a state
leasehold interest in
property acquired by a
nonstate public agency
with grant funds of the
State Coastal Conservancy
unless the Director of
General Services approves
the lease terms.
(c) Except for the above, the
expenditures of funds for
grants to nonstate public
agencies and nonprofit
organizations shall be
exempt from State Public
Works Board review.
2. The amount appropriated in this
item is available for encumbrance
for either capital outlay or local
assistance until June 30, 2014.
SEC. 153. Item 3760-301-0593 of Section 2.00 of the Budget Act of
2011 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) 80.18.030-Public Access. 1,000,000
(2) Reimbursements.......... -500,000
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, 2014.
SEC. 154. Item 3760-301-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
3760-301-0890--For capital outlay, State
Coastal Conservancy, payable from the
Federal Trust Fund........................... 6,000,000
Schedule:
(1) 80.97.030-Conservancy
Programs............... 6,000,000
Provisions:
1. (a) The State Coastal
Conservancy shall not
enter into a grant
contract with a nonprofit
organization or local
government for property
acquisition unless the
grant contract provides a
reversionary interest to
the state that specifies
that the property shall
not revert to the state
without review and
approval by the State
Coastal Conservancy and
the State Public Works
Board.
(b) The State Coastal
Conservancy shall not
enter into a grant
contract with a nonprofit
organization or local
government for property
acquisition that provides
for a state leasehold
interest in property
acquired by a nonstate
public agency with grant
funds of the State Coastal
Conservancy unless the
Director of General
Services approves the
lease terms.
(c) Except for the above, the
expenditures of funds for
grants to nonstate public
agencies and nonprofit
organizations shall be
exempt from State Public
Works Board review.
2. The funds appropriated in this
item are available for encumbrance
for either capital outlay or local
assistance until June 30, 2014.
SEC. 155. Item 3760-301-6051 of Section 2.00 of the Budget Act of
2011 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 Fund of 2006...................... 0
Schedule:
(1) 80.97.030-Conservancy
Programs................... 1,534,000
(2) Reimbursements............. -1,534,000
Provisions:
1. The funds appropriated in this item are
conditioned upon all of the following:
(a) The State Coastal Conservancy
may not enter into a grant
contract with a nonprofit
organization or local
government for property
acquisition unless the grant
contract provides a
reversionary interest to the
state that specifies that the
property shall not revert to
the state without review and
approval by the State Coastal
Conservancy and the State
Public Works Board.
(b) The State Coastal Conservancy
may not enter into a grant
contract with a nonprofit
organization or local
government for property
acquisition that provides for a
state leasehold interest in
property acquired by a nonstate
public agency with grant funds
of the State Coastal
Conservancy unless the Director
of General Services
approves the lease terms.
(c) Except for the above, the
expenditure of funds for grants
to nonstate public agencies and
nonprofit organizations is
exempt from State Public Works
Board review.
2. The amount appropriated in this item is
available for encumbrance for either
capital outlay or local assistance until
June 30, 2014.
SEC. 156. Item 3760-301-6076 of Section 2.00 of the Budget Act of
2011 is amended to read:
3760-301-6076--For capital outlay, State
Coastal Conservancy, payable from the
California Ocean Protection Trust Fund........ 0
Schedule:
(1) 80.07.070-Ocean Protection
Council..................... 766,000
(2) Reimbursements.............. -766,000
Provisions:
1. The funds appropriated in this item
are conditioned upon all of the
following:
(a) The State Coastal Conservancy may
not enter into a grant contract
with a nonprofit organization or
local government for property
acquisition unless the grant
contract provides a reversionary
interest to the state that
specifies that the property shall
not revert to the state without
review and approval by the State
Coastal Conservancy and the State
Public Works Board.
(b) The State Coastal Conservancy may
not enter into a grant contract
with a nonprofit organization or
local government for property
acquisition that provides for a
state leasehold interest in
property acquired by a nonstate
public agency with grant funds of
the State Coastal Conservancy
unless the Director of General
Services approves the lease terms.
(c) Except for the above, the
expenditure of funds for grants
to nonstate public agencies and
nonprofit organizations is exempt
from State Public Works Board
review.
2. The amount appropriated in this item
is available for encumbrance for
either capital outlay or local
assistance until June 30, 2014.
SEC. 157. Item 3790-001-0235 of Section 2.00 of the Budget Act of
2011 is amended to read:
3790-001-0235--For support of Department
of Parks and Recreation, for payment to
Item 3790-001-0392, payable from the
Public Resources Account, Cigarette and
Tobacco Products Surtax Fund.............. 9,122,000
SEC. 158. Item 3790-001-0392 of Section 2.00 of the Budget Act of
2011 is amended to read:
3790-001-0392--For support of Department of
Parks and Recreation, payable from the
State Parks and Recreation Fund............. 139,683,000
Schedule:
(1) For support of
Department of Parks
and Recreation....... 417,847,000
(2) Reimbursements....... -33,182,000
(3) Less funding
provided by capital
outlay............... -4,000,000
(3.5) Amount payable from
the General Fund
(Item 3790-001-0001). -118,695,000
(4) Amount payable from
the Safe
Neighborhood Parks,
Clean Water, Clean
Air, and Coastal
Protection Bond Fund
(Item 3790-001-0005). -3,397,000
(5) Amount payable from
the Safe
Neighborhood Parks,
Clean Water, Clean
Air, and Coastal
Protection Bond Fund
(Item 3790-003-0005). -688,000
(6) Amount payable from
the California
Environmental
License Plate Fund
(Item 3790-001-0140). -3,131,000
(7) Amount payable from
the Public Resources
Account, Cigarette
and Tobacco Products
Surtax Fund (Item
3790-001-0235)....... -9,122,000
(8) Amount payable from
the Off-Highway
Vehicle Trust Fund
(Item 3790-001-0263). -62,167,000
(9) Amount payable from
the Winter
Recreation Fund
(Item 3790-001-0449). -369,000
(10) Amount payable from
the Harbors and
Watercraft Revolving
Fund (Item 3790-001-
0516)................ -2,101,000
(11) Amount payable from
the Federal Trust
Fund (Item 3790-001-
0890)................ -7,372,000
(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). -4,727,000
(14) Amount payable
from the Water
Security, Clean
Drinking Water,
Coastal and Beach
Protection Fund of
2002 (Item 3790-001-
6031)................ -371,000
(15) Amount payable from
the Safe Drinking
Water, Water Quality
and Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
3790-001-6051)....... -7,229,000
(16) Amount payable from
the Safe Drinking
Water, Water
Quality and Supply,
Flood Control, River
and Coastal
Protection Fund of
2006 (Item 3790-003-
6051)................ -21,316,000
(17) Amount payable from
Disaster
Preparedness and
Flood Prevention
Bond Fund of 2006
(Item 3790-001-6052). -122,000
Provisions:
1. Of the funds appropriated in this
act from 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, 2017.
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, 2012.
(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, $4,530,000 shall be
available for the Public Safety
Technology Modernization Project.
No funds shall be expended for
the Public Safety Modernization
Project prior to the California
Technology Agency's approval of
the project's Special Project
Report, and not sooner than 60
days after notification in
writing of the necessity therefor
is provided to the chairpersons
of the fiscal committees of the
Legislature, the members of
Senate Budget and Fiscal Review
Subcommittee #2, 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. This
notification shall include, but
not be limited to, the cost of
the project, a list of project
partners and their funding
contributions, California
Technology Agency project review
and recommendations, and an
analysis of alternatives
including those for consolidation
of the project.
6. No funds appropriated in this
item shall be expended for the
Angel Island Concession
Agreements Request for Proposal
(RFP) sooner than 30 days after
notification in writing of
the necessity therefor is
provided to the chairpersons of
the fiscal committees of the
Legislature, the members of
Senate Budget and Fiscal Review
Subcommittee #2, and the
Chairperson of the Joint
Legislative Budget Committee, or
sooner than whatever lesser time
the chairperson of the joint
committee, or his or her
designee, may determine. This
notification shall include, but
not be limited to, the
feasibility study for Angel
Island Concessions, the RFP, and
alternative public access routes
and their funding contributions.
7. The Department of Parks and
Recreation shall not enter into a
new concession agreement for
Angel Island State Park for any
new or revised ferry services
without first submitting these
proposals to the Legislature in
the course of the normal budget
process for review and approval.
8. Of the amount appropriated in
this item, $750,000 is authorized
to institute a park entrance
pilot project, including iron
rangers and appropriate signage,
operating expenses, and equipment.
SEC. 159. Item 3790-101-6029 of Section 2.00 of the Budget Act of
2011 is repealed.
SEC. 160. Item 3790-102-6029 of Section 2.00 of the Budget Act of
2011 is repealed.
SEC. 161. Item 3790-103-6029 is added to Section 2.00 of the
Budget Act of 2011, to read:
3790-103-6029--For local assistance,
Department of Parks and Recreation,
payable from the California Clean Water,
Clean Air, Safe Neighborhood Parks, and
Coastal Protection Bond Fund, to be
available for expenditure until June 30,
2013...................................... 239,939,000
Schedule:
(1) 80-Grants .......... 244,939,000
(2) Reimbursements...... -5,000,000
Provisions:
1. The amount appropriated in this
item represents the balance as
of December 31, 2010, of the
funds from which the
appropriation is made, and shall
be available for grants
previously appropriated from
Proposition 40 funds. Local
assistance grant programs for
which funds have previously been
appropriated from Proposition 40
funds, and for which the funds
have not yet been liquidated
,are deemed to have the
highest priority statewide
consistent with Section 5096.633
of the Public Resources Code.
2. Notwithstanding any other
provision of law, upon request
of the Department of Parks and
Recreation, and approval by the
Department of Finance, the
Controller shall augment the
appropriation in this item to
pay costs associated with the
completion of any project that
has received a previous
appropriation of Proposition 40
funds, and for which the funds
have not yet been liquidated.
3. No augmentation pursuant to
Provision 2 shall be authorized
prior to 30 days after the
Department of Finance notifies
the Joint Legislative Budget
Committee of the specific
projects that will receive
additional funding.
4. No later than April 1, 2012, the
Department of Parks and
Recreation shall provide a
comprehensive list of projects
that receive funding pursuant to
this item to the Joint
Legislative Budget Committee.
5. The funds appropriated in this
item include funding for the
Railroad Technology Museum-
Rehabilitation and facilities
plan, of which $5,000,000 is to
be set up as a Reimbursement
item.
SEC. 162. Item 3790-301-6051 of Section 2.00 of the Budget Act of
2011 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...................... 2,465,000
Schedule:
(1) 90.RS.235-Statewide:
Volunteer Enhancement
Program-- Minor projects... 638,000
(2) 90.RS.260-Statewide:
Recreational Trails
Program-- Minor projects... 380,000
(3) 90.RS.601-Statewide:
Budget Development--
Studies.................... 150,000
(4) 90.8D.103-Donner Memorial
State Park: Enhance Museum
Exhibits-- Preliminary
plans...................... 169,000
(5) 90.8G.104.210-Marshall
Gold State Park: Park
Improvements-- Working
drawings and construction.. 1,128,000
Provisions:
1. Notwithstanding any other provision
of law, the funds appropriated in
this item shall be available for
expenditure until June 30, 2015,
except appropriations for studies,
preliminary plans, working drawings,
and minor capital outlay, which
shall be available for expenditure
until June 30, 2013. 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, 2013, shall
revert as of that date to the fund
from which the appropriation was
made.
SEC. 163. Item 3790-401 is added to Section 2.00 of the Budget Act
of 2011, to read:
3790-401--Reversion, Department of Parks
and Recreation. Consistent with Section
5096.633 of the Public Resources Code,
all grant funds previously appropriated
from Proposition 40 that have not been
expended by grant recipients prior to
July 1, 2011, shall revert to the funds
from which the appropriations were made.
SEC. 164. Item 3790-490 of Section 2.00 of the Budget Act of 2011
is amended to read:
3790-490--Reappropriation, Department of Parks
and Recreation. The balances in the
appropriations provided for in the following
citations are reappropriated for the purposes
and subject to the provisions, unless
otherwise specified, provided for in those
appropriations and shall be available for
encumbrance or expenditure until the date
specified:
6051-- Safe Drinking Water, Water Quality
and Supply, Flood Control, River and
Coastal Protection Fund of 2006
(1) Item 3790-002-6051, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007) as
amended by Section 2 of Chapter 1,
Third Extraordinary Session, Statutes
of 2008 for support of the Department
of Parks and Recreation shall be
available for encumbrance or
expenditure until June 30, 2013.
(2) Item 3790-002-6051, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008) for
support of the Department of Parks and
Recreation shall be available for
encumbrance or expenditure until June
30, 2013.
SEC. 165. Item 3790-491 of Section 2.00 of the Budget Act of 2011
is amended 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 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), 2008 (Chs. 268 and 269, Stats.
2008), 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10 4th
Ex. Sess.), and 2010 (Ch. 712, Stats.
2010)
(3) 90.I6.101-San Elijo SB:
Replace Main Lifeguard Tower--
Working drawings
+
(2) Item 3790-301-0005, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
reappropriated by 3790-491, Budget Acts
of 2007 (Chs. 171 and 172, Stats. 2007),
2008 (Chs. 268 and 269, Stats. 2008),
2009 (Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex.
Sess.), and 2010 (Ch. 712, Stats.
2010)
(3) 90.I6.101-San Elijo SB:
Replace Main Lifeguard Tower--
Construction and equipment
+
(3) Item 3790-301-0005, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
reappropriated by 3790-491, Budget Acts
of 2008 (Chs. 268 and 269, Stats. 2008),
2009 (Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex.
Sess.), and 2010 (Ch. 712, Stats. 2010)
(1) 90.G1.101-Crystal Cove
State Beach: El Morro
Mobilehome Park Conversion--
Working drawings and
construction
(1.5) 90.I6.101-San Elijo State
Beach: Replace Main Lifeguard
Tower-- Construction
+
(4) Item 3790-301-0005, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), as
reappropriated by Item 3790-491, Budget
Acts of 2009 (Ch. 1 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10 4th
Ex. Sess.) and 2010 (Ch. 712, Stats.
2010)
(1) 90.RS.205-Statewide: State
Park System-- Minor projects
(2) 90.EX.101-Malibu Creek SP:
Restore Sepulveda Adobe--
Construction
+
(5) Item 3790-301-0005, Budget Act of 2009
(Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex.
Sess.), as reappropriated by Item 3790-
491, Budget Act of 2010 (Ch. 712, Stats.
2010)
(1) 90.RS.205-Statewide: State
Park System--Minor Projects
0263-- Off-Highway Vehicle Trust Fund
(1) Item 3790-301-0263, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
reappropriated by Item 3790-491, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008)
(2) 90.RS.405-Statewide: OHV
Opportunity Purchase/Budget
Package/Schematic Planning--
Acquisition and study
+
(2) Item 3790-301-0263, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), as
reappropriated by Item 3790-491, Budget
Act of 2010 (Ch. 712, Stats. 2010)
(3) 90.RS.405-Statewide: State
Park System: OHV Opportunity
Purchase/Pre-Budget Schematics-
- Study and acquisition
+
(3) Item 3790-301-0263, Budget Act of 2009
(Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex.
Sess.), as reappropriated by Item 3790-
491, Budget Act of 2010 (Ch. 712, Stats.
2010)
(2) 90.7C.102-Oceano Dunes
SVRA/Pismo State Beach:
Visitor Center and Equipment
Storage--Working drawings
(5) 90.RS.206-Statewide: OHV Minor
projects
+
(4) Item 3790-301-0263, Budget Act of 2010
(Ch. 712, Stats. 2010)
(1) 90.7K.103-Carnegie SVRA: Road
Reconstruction-- Preliminary
plans and working drawings
(2) 90.7C.102-Oceano Dunes
SVRA/Pismo State Beach:
Visitor Center and Equipment
Storage--Construction
(3) 90.H7.100-Heber Dunes SVRA:
Initial Development-- Working
drawings
(5) 90.RS.206-Statewide: OHV Minor
projects
(6) 90.6S.102-Hollister Hills
SVRA: Infrastructure and
Rehabilitation-- Preliminary
plans
0392-- State Park and Recreation Fund
(1) Item 3790-301-0392, Budget Act of 2010
(Ch. 712, Stats. 2010)
(1) 90.5Y.104-Candlestick Point
SRA: Yosemite Slough-Public
Use Improvements-- Working
drawings and construction
(2) 90.FO.102-Leo Carrillo SP:
Steelhead Trout Barrier
Removal-- Construction
(3) 90.RS.810-Capital Outlay
Projects-- Acquisition,
preliminary plans, working
drawings, construction, and
minor projects
(4) Reimbursements-Candlestick
Point SRA: Yosemite Slough--
Public Use Improvements
(5) Reimbursements-Leo Carrillo
SP: Steelhead Trout Barrier
Removal
(6) Reimbursements-Statewide
Capital Outlay Projects
0890-- Federal Trust Fund
(1) Item 3790-301-0890, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
reappropriated by Budget Acts of 2008
(Chs. 268 and 269, Stats. 2008), 2009
(Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex.
Sess.), and 2010 (Ch. 712, Stats. 2010)
(0.5) 90.I6.101-San Elijo State
Beach: Replace Main Lifeguard
Tower-- Construction
+
(2) Item 3790-301-0890, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(1) 90.RS.801-Federal Trust Fund
Program-- Acquisition,
preliminary plans, working
drawings, and construction
6029-- California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund
(1) Chapter 1126, Stats. 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), 2008 (Ch. 268, Stats. 2008), 2009
(Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex.
Sess.), and 2010 (Ch. 712, Stats. 2010)
(2) 90.8L.101-California Indian
Museum-- Studies, preliminary
plans, working drawings, and
construction
+
(2) Item 3790-301-6029, Budget Act of 2002
(Ch. 379, Stats. 2002), as
reappropriated by Item 3790-491, Budget
Acts of 2005 (Chs. 38 and 39, Stats.
2005) and 2008 (Chs. 268 and 269, Stats.
2008)
(6) 90.RS.224-Statewide
Acquisition-Proposition 40--
Acquisition
+
(3) 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), 2008 (Chs. 268 and 269, Stats.
2008), 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10 4th
Ex. Sess.), and 2010 (Ch. 712, Stats.
2010)
(2.2) 90.E4.104-Chino Hills SP:
Entrance Road and Facilities--
Working drawings
+
(4) 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), 2008 (Chs. 268 and 269, Stats.
2008), 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10 4th
Ex. Sess.), and 2010 (Ch. 712, Stats.
2010)
(3) 90.E4.104-Chino Hills SP:
Entrance Road and Facilities--
Construction and equipment
(5) 90.RS.412-Statewide: State
Park System Opportunity and
Inholding Acquisitions--
Acquisition
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), 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10 4th
Ex. Sess.), and 2010 (Ch. 712, Stats.
2010)
(2) 90.CG.101-Pfeiffer Big Sur SP:
Park Entrance and Day Use
Redevelopment-- Working
drawings, construction, and
equipment
(3.5) 90.KZ.104-Los Angeles SHP
(Cornfields): Planning and
Phase I Build Out--
Preliminary plans
(3.7) 90.RS.412-Statewide: State
Park System Opportunity and
Inholding Acquisitions--
Acquisitions
+
(4) Item 3790-301-6051, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), as
reappropriated by Item 3790-491, Budget
Acts of 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10 4th
Ex. Sess.) and 2010 (Ch. 712, Stats.
2010)
(2) 90.F2.103-Gaviota State Park:
Coastal Trail Development--
Preliminary plans, working
drawings, and construction
(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
(7.5) 90.H6.102-Cuyamaca Rancho
State Park: Equestrian
Facilities-- Working drawings
(8) 90.64.101-Eastshore State
Park: Brickyard Cove--
Preliminary plans
+
(7) Item 3790-301-6051, Budget Act of 2009
(Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex.
Sess.), as reappropriated by Item 3790-
491, Budget Act of 2010 (Ch. 712, Stats.
2010)
(1) 90.64.101-Eastshore SP:
Brickyard Cove Development--
Working drawings
(2) 90.6F.104-Angel Island SP:
Immigration Station Hospital
Rehabilitation-- Preliminary
plans
(3) 90.8G.104-Marshall Gold
Discovery SHP: Park
Improvement-- Working drawings
(5) 90.CT.100-Fort Ord Dunes SP:
New Campground and Beach
Access-- Preliminary plans
(6) 90.EF.101-El Capitan SB:
Construct New Lifeguard
Headquarters-- Preliminary
plans
(7) 90.FO.102-Leo Carrillo SP:
Steelhead Trout Barrier
Removal-- Preliminary plans
and working drawings
(8) 90.GG.102-Silverwood Lake SRA:
Nature Center Exhibits--
Preliminary plans and working
drawings
(9) 90.H6.102-Cuyamaca Rancho SP:
Equestrian Facilities--
Construction
(10) 90.IJ.103-Old Town San Diego
SHP: Building Demolition and
Immediate Public Use
Facilities-- Preliminary plans
(11) 90.KZ.104-Los Angeles SHP:
Site Development/Planning and
Phase I Build Out-- Working
drawings
(13) 90.RS.260-Statewide:
Recreational Trails Program--
Minor projects
(15) 90.RS.205-Statewide: State
Park System Minor Capital
Outlay Program-- Minor projects
(16) 90.RS.235-Statewide: Volunteer
Enhancement Program-- Minor
projects
(19) Reimbursement-Leo Carrillo SP:
Steelhead Trout Barrier Removal
+
(8) Item 3790-301-6051, Budget Act of 2010
(Ch. 712, Stats. 2010)
(2) 90.8G.104-Marshall Gold
Discovery SHP: Park
Improvements-- Construction
(5) 90.GG.102-Silverwood Lake SRA:
Nature Center Exhibits--
Construction and equipment
SEC. 166. Item 3790-492 of Section 2.00 of the Budget Act of 2011
is amended to read:
3790-492--Reappropriation, Department of Parks and
Recreation. Notwithstanding any other provision of
law, the period to liquidate encumbrances in the
following citations is extended to June 30, 2012:
0005--Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund
(1) Up to $2,482,845 to the City of
Encinitas in Item 3790-101-0005, Budget
Act of 2001 (Ch. 106, Stats. 2001), as
reappropriated by Item 3790-490 and
reverted by Item 3790-497, Budget Act of
2007 (Chs. 171 and 172, Stats. 2007), as
reappropriated by Item 3790-492, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008), as reappropriated by Item 3790-
494 and reverted by Item 3790-497,
Budget Act of 2009 (Ch. 1, 2009-10 3rd
Ex. Sess., as revised by Ch. 1, 2009-10
4th Ex. Sess.), and as reappropriated by
Item 3790-492, Budget Act of 2010 (Ch.
712, Stats. 2010)
(1) 80.25-Recreational Grants
(a) Local Agencies
operating park units
SEC. 167. Item 3790-493 is added to Section 2.00 of the Budget Act
of 2011, to read:
3790-493--Reappropriation, Department of Parks
and Recreation. Notwithstanding any other
provision of law, the period to liquidate
encumbrances of the amounts specified in the
following citations is extended to June 30,
2012:
0001--General Fund
(1) Up to $163,000 from Item 3790-001-
0001, Budget Act of 2008 (Chs. 268 and
269, Stats. 2008), for support of the
Department of Parks and Recreation
SEC. 168. Item 3790-494 is added to Section 2.00 of the Budget Act
of 2011, to read:
3790-494--Reappropriation, Department of Parks
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, 2013:
0263--Off-Highway Vehicle Trust fund
(1) $630,000 in Item 3790-001-0263, Budget
Act 2008 (Ch. 268 and 269, Stats.
2008), as reappropriated by Item 3790-
490, Budget Act of 2009 (Ch. 1,
2009-10 3rd Ex. Sess., as revised by
Ch. 1, 2009-10 4th Ex. Sess.), for
support of the Department of Parks and
Recreation
(2) $770,000 in Item 3790-001-0263, Budget
Act 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10
4th Ex. Sess.), as reappropriated by
Item 3790-490, Budget Act 2010 (Ch.
712, Stats. 2010), for support of the
Department of Parks and Recreation
(3) $220,000 in Item 3790-001-0263, Budget
Act 2010 (Ch. 712, Stats. 2010), for
support of the Department of Parks and
Recreation
Provisions:
1. Of the amount reappropriated in this
item, no funds shall be expended for
the Public Safety Technology
Modernization Project prior to the
California Technology Agency's
approval of the project's Special
Project Report, and not sooner than 60
days after notification in writing of
the necessity therefor is provided to
the chairpersons of the fiscal
committees of the Legislature, the
members of Senate Budget and Fiscal
Review Subcommittee #2, 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. This
notification shall include, but not be
limited to, the cost of the project, a
list of project partners and their
funding contributions, California
Technology Agency project review and
recommendations, and an analysis of
alternatives including those for
consolidation of the project.
SEC. 169. Item 3790-496 of Section 2.00 of the Budget Act of 2011
is amended to read:
3790-496--Reversion, Department of Parks and
Recreation. As of June 30, 2011, the balances
of the appropriations provided in the
following citations shall revert to the funds
from which the appropriations were made:
0262-- Habitat Conservation Fund
(1) Up to $1,944,858 from Item 3790-101-
0262, Budget Act of 2007 (Chs. 171
and 172, Stats. 2007)
(1) 80.25-Recreational Grants
(2) Up to $721,250 from Item 3790-101-
0262, Budget Act of 2008 (Chs. 268
and 269, Stats. 2008)
(1) 80.25-Recreational Grants
SEC. 170. Item 3790-497 is added to Section 2.00 of the Budget Act
of 2011, to read:
3790-497--Reversion, Department of Parks and
Recreation. As of June 30, 2011, the amounts
specified in the following citations shall
revert to the fund from which the
appropriation was made:
0001--General Fund
(1) $2,230,000 in Item 3790-001-0001,
Budget Act of 2008 (Ch. 268 and 269,
Stats. 2008), as reappropriated by
Item 3790-490, Budget Act of 2009 (Ch.
1, 2009-10 3rd Ex. Sess., as revised
by Ch. 1, 2009-10 4th Ex. Sess.), for
support of the Department of Parks and
Recreation
(2) $1,270,000 in Item 3790-001-0001,
Budget Act 2009 (Ch. 1, 2009-10 3rd
Ex. Sess., as revised by Ch. 1, 2009-
10 4th Ex. Sess.), for support of the
Department of Parks and Recreation
(3) $1,030,000 in Item 3790-001-0001,
Budget Act 2010 (Ch. 712, Stats.
2010), for support of the Department
of Parks and Recreation
SEC. 171. Item 3810-301-0941 of Section 2.00 of the Budget Act of
2011 is amended to read:
3810-301-0941--For capital outlay, Santa
Monica Mountains Conservancy, payable from
the Santa Monica Mountains Conservancy Fund.. 820,000
Schedule:
(1) 50.20-Capital Outlay and
Local Assistance........... 820,000
Provisions:
1. The Santa Monica Mountains
Conservancy may encumber funds for
either capital outlay or local
assistance grants until June 30,
2014.
2. The Santa Monica Mountains
Conservancy shall provide a report
to the Department of Finance on
donations received during the prior
fiscal year on or before September 1
of each year.
SEC. 172. Item 3810-301-6031 of Section 2.00 of the Budget Act of
2011 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.... 578,000
Schedule:
(1) 50.20-Capital Outlay and
Local Assistance....... 578,000
Provisions:
1. The Santa Monica Mountains
Conservancy may encumber funds for
either capital outlay or local
assistance grants until June 30,
2014. 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. 173. Item 3810-301-6051 of Section 2.00 of the Budget Act of
2011 is amended to read:
3810-301-6051--For capital outlay, Santa
Monica Mountains Conservancy, payable from
the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal
Protection Fund of 2006...................... 997,000
Schedule:
(1) 50.20-Capital Outlay
and Local Assistance....... 997,000
Provisions:
1. The Santa Monica Mountains
Conservancy may encumber funds for
either capital outlay or local
assistance grants until June 30,
2014. 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. 174. Item 3810-490 of Section 2.00 of the Budget Act of 2011
is amended to read:
3810-490--Reappropriation, Santa Monica
Mountains Conservancy. Notwithstanding any
other provision of law, the periods to
liquidate encumbrances of the following
citations are extended to June 30, 2012:
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), as
reappropriated by Item 3810-491,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch.
1, 2009-10 4th Ex. Sess.)
(1) 50.20.001-Capital Outlay
Acquisitions
0941-- Santa Monica Mountains Conservancy
Fund
(1) Item 3810-301-0941, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006)
(1) 50.20-Capital Outlay and Local
Assistance
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), as
reappropriated by Item 3810-491,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(1) 50.20.001-Capital Outlay
Acquisitions
(2) Item 3810-301-6031, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006),
except for the amount specified in
Item 3810-496
(1) 50.20-Capital Outlay and Local
Assistance
SEC. 175. Item 3810-496 is added to Section 2.00 of the Budget Act
of 2011, to read:
3810-496--Reversion, Santa Monica Mountains
Conservancy. As of June 30, 2011, the amounts
in the appropriations provided in the
following citations shall revert to the
balance in the Fund from which the
appropriations were made:
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) $105,297 from Item 3810-301-6031,
Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006)
(1) 50.20-Capital Outlay and Local
Assistance
SEC. 176. Item 3825-301-6031 is added to Section 2.00 of the
Budget Act of 2011, to read:
3825-301-6031--For capital outlay, San Gabriel
and Lower Los Angeles Rivers and Mountains
Conservancy, payable from the Water Security,
Clean Drinking Water, Coastal and Beach
Protection Fund of 2002........................ 705,000
Provisions:
1. The amount appropriated in this item
is available for expenditure for
capital outlay or local assistance
grants until June 30, 2014.
SEC. 177. Item 3825-301-6051 of Section 2.00 of the Budget Act of
2011 is amended to read:
3825-301-6051--For capital outlay, San
Gabriel and Lower Los Angeles Rivers and
Mountains Conservancy, 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 amount appropriated in this
item is available for expenditure
for capital outlay or local
assistance grants until June 30,
2014.
SEC. 178. Item 3825-490 is added to Section 2.00 of the Budget Act
of 2011, to read:
3825-490--Reappropriation, San Gabriel and
Lower Los Angeles Rivers and Mountains
Conservancy. 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, 2014:
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) Item 3825-301-6031, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006)
(1) 30.10-Capital Outlay and Grants
(2) Reimbursements
SEC. 179. Item 3830-301-0104 of Section 2.00 of the Budget Act of
2011 is amended to read:
3830-301-0104--For capital outlay, San Joaquin River
Conservancy, payable from the San Joaquin River
Conservancy Fund..................................... 0
Schedule:
(1) 20-Capital Outlay
Acquisitions and
Improvement Projects....... 1,000,000
(2) Reimbursements............. -1,000,000
Provisions:
1. The funds appropriated in this item are
available for expenditure for capital
outlay or local assistance until June 30,
2014.
2. Notwithstanding any other provision of
law, upon approval and order of the
Department of Finance, loans may be made
from the General Fund to meet cashflow
needs due to delays in collecting
reimbursements. Any loan authorized by
the Department of Finance pursuant to
this provision shall only be made if the
conservancy has a valid contract or
certification that demonstrates that
sufficient funds will be available to
repay the loan. The loan shall be repaid
no later than June 30 of the following
fiscal year.
SEC. 180. Item 3835-490 of Section 2.00 of the Budget Act of 2011
is amended to read:
3835-490--Reappropriation, Baldwin Hills Conservancy.
The balances of the appropriations provided in the
following citations except for the amount specified in
Item 3835-495 for reversion are reappropriated for the
purposes provided for in those appropriations and
shall be available for encumbrance or expenditure
until June 30, 2014:
6029-- California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund
(0.5) Item 3835-301-6029, Budget Act of
2004 (Ch. 208, Stats. 2004), as
reappropriated by Item 3835-490, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008)
(1) 20-Capital Outlay Aquisition
and Improvement Program
(1) Item 3835-301-6029, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
reappropriated by Item 3835-490, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008)
(1) 20-Capital Outlay Acquisition
and Improvement Program
(2) Reimbursements
6051--Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal
Protection Fund of 2006
(1) Item 3835-301-6051, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(1) 20-Capital Outlay Aquisition
and Improvement Program
SEC. 181. Item 3845-301-0140 of Section 2.00 of the Budget Act of
2011 is amended to read:
3845-301-0140--For capital outlay, San Diego River
Conservancy, payable from the California
Environmental License Plate Fund..................... 0
Schedule:
(1) 20-Capital Outlay
Acquisition and
Enhancement Projects....... 1,000,000
(2) Reimbursements............. -1,000,000
Provisions:
1. The funds appropriated in this item are
available for expenditure or encumbrance
for capital outlay or local assistance
until June 30, 2014.
SEC. 182. Item 3850-301-6029 of Section 2.00 of the Budget Act of
2011 is amended 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......................................... 82,000
Schedule:
(1) 20-Coachella Valley
Mountains Acquisition
and Enhancement Projects
and Costs.................. 82,000
Provisions:
1. The funds appropriated in this item
are available for expenditure for
capital outlay or local assistance
until June 30, 2014.
SEC. 183. Item 3850-495 is added to Section 2.00 of the Budget Act
of 2011, to read:
3850-495--Reversion, Coachella Valley
Mountains Conservancy. As of June 30, 2011,
the balances of the appropriations provided in
the following citations shall revert to the
funds from which the appropriations were made:
6051--Safe Drinking Water, Water Quality
and Supply, Flood Control, River and
Coastal Protection Fund of 2006
(1) Up to $19,000 in Item 3850-001-6051,
Budget Act of 2009 (Ch. 1, 2009-10 3rd
Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
SEC. 184. Item 3850-496 is added to Section 2.00 of the Budget Act
of 2011, to read:
3850-496--Reversion, Coachella Valley
Mountains Conservancy. As of June 30, 2011,
the balances of the appropriations provided in
the following citations shall revert to the
funds from which the appropriations were made:
6051--Safe Drinking Water, Water Quality
and Supply, Flood Control, River and
Coastal Protection Fund of 2006
(1) Up to $21,000 in Item 3850-301-6051,
Budget Act of 2009 (Ch. 1, 2009-10 3rd
Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
SEC. 185. Item 3860-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
3860-001-0001--For support of Department of
Water Resources............................. 47,761,000
Schedule:
(1) 10-Continuing
Formulation of the
California Water Plan. 81,659,000
(2) 20-Implementation of
the State Water
Resources Development
System................ 5,807,000
(3) 30-Public Safety and
Prevention of Damage.. 132,176,000
(4) 35-Central Valley
Flood Protection
Board................. 5,636,000
(5) 40-Services........... 9,564,000
(6) 45-California Energy
Resources Scheduling
(CERS)................ 28,413,000
(7) 50.01-Management and
Administration........ 67,776,000
(8) 50.02-Distributed
Management and
Administration........ -67,776,000
(9) Reimbursements........ -54,405,000
(10) Amount payable from
the Air Pollution
Control Fund (Item
3860-001-0115)........ -315,000
(11) Amount payable from
the California
Environmental License
Plate Fund (Item 3860-
001-0140)............. -618,000
(12) Amount payable from
the Central Valley
Project Improvement
Subaccount (Item 3860-
001-0404)............. -709,000
(13) Amount payable from
the Feasibility
Projects Subaccount
(Item 3860-001-0445).. -7,000
(14) Amount payable from
the Water
Conservation and
Groundwater Recharge
Subaccount (Item 3860-
001-0446)............. -125,000
(15) Amount payable from
the Energy Resources
Programs Account
(Item 3860-001-0465).. -2,509,000
(16) Amount payable from
the Local
Projects Subaccount
(Item 3860-001-0543).. -101,000
(17) Amount payable from
the Sacramento Valley
Water Management and
Habitat Protection
Subaccount (Item 3860-
001-0544)............. -26,000
(18) Amount payable from
the 1986 Water
Conservation and
Water Quality Bond
Fund (Item 3860-001-
0744)................. 0
(19) Amount payable from
the Federal Trust
Fund (Item 3860-001-
0890)................. -18,405,000
(20) Amount payable from
the Dam Safety Fund
(Item 3860-001-3057).. -11,282,000
(21) Amount payable from
the Department of
Water Resources
Electric Power Fund
(Item 3860-001-3100).. -28,413,000
(22) Amount payable from
the Safe Drinking
Water, Clean Water,
Watershed Protection,
and Flood Protection
Bond Fund (Item 3860-
001-6001)............. -1,027,000
(23) Amount payable from
the Flood Protection
Corridor Subaccount
(Item 3860-001-6005).. -149,000
(24) Amount payable from
the Urban Stream
Restoration
Subaccount (Item 3860-
001-6007)............. -32,000
(25) Amount payable from
the Yuba Feather
Flood Protection
Subaccount (Item 3860-
001-6010)............. -417,000
(26) Amount payable from
the Water
Conservation Account
(Item 3860-001-6023).. -272,000
(27) Amount payable from
the Conjunctive Use
Subaccount (Item 3860-
001-6025)............. -350,000
(28) Amount payable from
the Bay-Delta
Multipurpose Water
Management Subaccount
(Item 3860-001-6026).. -1,722,000
(29) Amount payable from
the Interim Water
Supply and Water
Quality
Infrastructure and
Management Subaccount
(Item 3860-001-6027).. -245,000
(30) Amount payable from
the Water Security,
Clean Drinking Water,
Coastal and Beach
Protection Fund of
2002 (Item 3860-001-
6031)................. -3,278,000
(31) Amount payable from
the Safe Drinking
Water, Water Quality
and Supply, Flood
Control, River and
Coastal Protection
Fund of 2006 (Item
3860-001-6051)........ -17,196,000
(32) Amount payable from
the Disaster
Preparedness and
Flood Prevention Bond
Fund of 2006 (Item
3860-001-6052)........ -73,891,000
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.
3. Of the funds appropriated in this
item, $4,200,000 in reimbursement
authority for Salton Sea
restoration activities shall be
available until June 30, 2013.
4. Personnel funded from positions
dedicated for the implementation
of biological opinions are
precluded from participating in,
or contributing to, any study,
analysis, declaration, expert
testimony, or other activity
supporting legal challenges to
U.S. Fish and Wildlife Service and
the National Marine Fisheries
Service Endangered Species Act
consultations for the coordinated
operations of the State Water
Project and the federal Central
Valley Project.
5. The Secretary of the Natural
Resources Agency shall convene a
working group consisting of the
Department of Water Resources, key
legislative staff, the Department
of Finance, the Secretary of the
Natural Resources Agency staff,
the Legislative Analyst's Office
(LAO), and the state water
contractors to determine a long-
term viable solution that
addresses concerns laid out in the
Legislative Analyst's March 19,
2009, report on Funding Recreation
in the State Water Project. In its
review, the working group may seek
an independent third-party
legal review of the Davis-Dolwig
cost-allocation issues relating to
the State Water Project (SWP)
within appropriate Department of
Water Resources funding sources,
if necessary, to determine, at a
minimum: (a) what legal
constraints, if any, exist to
conscribe the Legislature's
ability to revise the Davis-Dolwig
statute, with specific attention
to the contracts signed by the
department with the SWP
contractors and to the SWP bond
covenants, (b) whether such legal
constraints conflict with the
Legislature's authority to make
laws and to set its expenditure
priorities through its
constitutionally granted authority
to make appropriations, (c) how
any such legal conflicts can be
reconciled, and (d) what options
exist to resolve these issues. For
any contract entered into for this
purpose, the Department of Water
Resources shall submit the task
order for the contract to the
working group for its review and
concurrence in the tasks and the
working group shall meet with the
independent third party before
its review begins, to set the
parameters of the study, and
after, to move forward under a
common understanding of available
reform options as developed by
study's authors. The contractor
shall work in periodic
consultation with the working
group when performing its
analysis. The Department of Water
Resources shall submit this
analysis to the budget committees
and relevant policy committees of
both houses of the Legislature no
later than December 31, 2012. The
working group shall meet a minimum
of three times between July 1,
2011, and April 1, 2012. The
Department of Water Resources
shall provide a report, in person,
to the subcommittee budget
hearings held in 2012 on the
working group's proposals for long-
term solutions for funding
recreation in the SWP.
SEC. 186. Item 3860-001-0140 of Section 2.00 of the Budget Act of
2011 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...................................... 618,000
SEC. 187. Item 3860-001-0744 of Section 2.00 of the Budget Act of
2011 is repealed.
SEC. 188. Item 3860-001-6051 of Section 2.00 of the Budget Act of
2011 is amended to read:
3860-001-6051--For support of Department
of Water Resources, for payment to Item
3860-001-0001, payable from the Safe
Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal
Protection Fund of 2006................... 17,196,000
SEC. 189. Item 3860-001-6052 of Section 2.00 of the Budget Act of
2011 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............................... 73,891,000
Provisions:
1. Of the amount appropriated in
this item, $500,000 for the
California Flood SAFE Program
shall be available for
encumbrance or expenditure
until June 30, 2014.
SEC. 190. Item 3860-101-6051 of Section 2.00 of the Budget Act of
2011 is repealed.
SEC. 191. Item 3860-490 is added to Section 2.00 of the Budget Act
of 2011, to read:
3860-490--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, 2013:
6005--Flood Protection Corridor Subaccount
(1) Item 3860-101-6005, Budget Act of
2010 (Ch. 712, Stats. 2010), for the
Flood Protection Corridor Program
6007--Urban Stream Restoration Subaccount
(1) Item 3860-101-6007, Budget Act of
2009 (Ch. 1, 2009-10 3rd Ex. Sess.,
as revised by Ch. 1, 2009-10 4th Ex.
Sess.), for the Urban Streams
Restoration Program
(1) Continuing Formulation of the
California Water Plan
(2) Reimbursements
6010--Yuba Feather Flood Protection
Subaccount
(1) Item 3860-101-6010, Budget Act of
2010 (Ch. 712, Stats. 2010), 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),
as reappropriated by Item 3860-492,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.), for the
CALFED Conveyance Program
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) Item 3860-001-6031, Budget Act of
2007 (Chs. 171 and 172, Stats. 2007),
as reappropriated by Item 3860-492,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.), for Franks
Tract
(2) Item 3860-101-6031, Budget Act of
2009 (Ch. 1, 2009-10 3rd Ex. Sess.,
as revised by Ch. 1, 2009-10 4th Ex.
Sess.), for the Safe Drinking Water
Program
(3) Item 3860-001-6031, Budget Act of
2010 (Ch. 712, Stats. 2010), for the
Water Use Efficiency Program
(4) Item 3860-001-6031, Budget Act of
2010 (Ch. 712, Stats. 2010), for
Water Supply Reliability
6051--Safe Drinking Water, Water Quality
and Supply, Flood Control, River and
Coastal Protection Fund of 2006
(1) Item 3860-101-6051, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008),
as reappropriated by 3860-492, Budget
Act of 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10
4th Ex. Sess.), for the Flood Control
Subventions and Flood Protection
Corridor Programs
(2) Item 3860-101-6051, Budget Act of
2010 (Ch. 712, Stats. 2010), for
Agricultural Drainage
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),
as reappropriated by Item 3860-492,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.), for Sediment
Removal
(2) Item 3860-001-6052, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008),
as reappropriated by 3860-492, Budget
Act of 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10
4th Ex. Sess.), for the Sycamore
Creek Diversion Channel Erosion Study
(3) Item 3860-101-6052, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008),
as reappropriated by 3860-492, Budget
Act of 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10
4th Ex. Sess.), for the Floodway
Corridor Program
(4) Item 3860-001-6052, Budget Act of
2010 (Ch. 712, Stats. 2010), for the
Conservation Strategy, Central Valley
Flood Management Planning Program,
Delta Knowledge Improvement
Program, and Delta Subsidence and
Carbon Sequestration
(5) Item 3860-101-6052, Budget Act of
2010 (Ch. 712, Stats. 2010), for the
Central Valley Nonstructural Grant
Program, Early Implementation
Program, Dutch Slough, Delta
Subsidence and Carbon Sequestration,
and North Delta Flood Control and
Ecosystem Restoration
SEC. 192. Item 3860-491 is added to Section 2.00 of the Budget Act
of 2011, 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, 2013:
0001--General Fund
(1) Item 3860-001-0001, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), for
the Floodplain Management 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), as reappropriated by
Item 3860-491, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
reappropriated by Item 3860-493,
Budget Act of 2009 (Ch. 1, 2009-10 3rd
Ex. Sess., as revised by Ch. 1, 2009-
10 4th Ex. Sess.), for the Flood
Protection Corridor Program
6015--River Protection Subaccount
(1) Item 3860-101-6015, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008),
for the River Protection Program
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), as reappropriated by
Item 3860-493, Budget Act of 2009 (Ch.
1, 2009-10 3rd Ex. Sess., as revised
by Ch. 1, 2009-10 4th Ex. Sess.), for
the Infrastructure Rehabilitation
Program
6025--Conjunctive Use Subaccount
(1) 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), as reappropriated by
Item 3860-493, Budget Act of 2009 (Ch.
1, 2009-10 3rd Ex. Sess., as revised
by Ch. 1, 2009-10 4th Ex. Sess.), for
the Groundwater Storage Program
(2) Item 3860-101-6025, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
reappropriated by Item 3860-493,
Budget Act of 2009 (Ch. 1, 2009-10 3rd
Ex. Sess., as revised by Ch. 1, 2009-
10 4th Ex. Sess.), for the Groundwater
Storage 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), as reappropriated by
Item 3860-491, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
reappropriated by Item 3860-493,
Budget Act of 2009 (Ch. 1, 2009-10 3rd
Ex. Sess., as revised by Ch. 1, 2009-
10 4th Ex. Sess.), for the Interim
Reliable Water Supply Program
(2) Item 3860-101-6027, Budget Act of 2006
(Ch. 47 and 48, Stats. 2006), as
reappropriated by Item 3860-493,
Budget Act of 2009 (Ch. 1, 2009-10 3rd
Ex. Sess., as revised by Ch. 1, 2009-
10 4th Ex. Sess.), 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), as reappropriated by
Item 3860-493, Budget Act of 2009 (Ch.
1, 2009-10 3rd Ex. Sess., as revised
by Ch. 1, 2009-10 4th Ex. Sess.), for
the Drought Panel Recommendations
Program
(2) Item 3860-001-6031, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008), for
Water Supply Reliability
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
Integrated Regional Water Management
SEC. 193. Item 3860-492 is added to Section 2.00 of the Budget Act
of 2011, to read:
3860-492--Reappropriation, Department of Water
Resources. The balances of the appropriations
provided in the following citations are
reapppropriated for the purposes provided for in
those appropriations and shall be available for
encumbrance or expenditure until June 30, 2014:
6052--Disaster Preparedness and Flood Prevention
Bond Fund of 2006
(1) Item 3860-301-6052, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(3) 30.95.316-Merced County
Streams Project Bear Creek Unit
(4) 30.95.343-Sutter Bypass East
Water Control Structures
(7) Reimbursements--Merced County
Streams Project Bear Creek Unit
+
(2) Item 3860-302-6052, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(1.2) 30.95.160-West Sacramento
Early Implementation Project
(2) 30.95.340-Systemwide Levee
Evaluations and Repairs
+
(3) Item 3860-301-6052, Budget Act of 2010
(Ch. 712, Stats. 2010)
(7) 30.95.310-Lower Cache Creek,
Yolo County, Woodland Area
Project
(18) Reimbursements--Lower Cache
Creek, Yolo County, Woodland
Area Project
(4) 3860-302-6052, Budget Act of 2010 (Ch.
712, Stats. 2010)
(2) 30.95.021-Feather River Early
Implementation Project
SEC. 194. Item 3860-493 is added to Section 2.00 of the Budget Act
of 2011, to read:
3860-493--Reappropriation, Department of
Water Resources. Notwithstanding any other
provision of law, the periods to liquidate
encumbrances of the appropriations in the
following citations are extended to June 30,
2013:
(1) Item 3860-301-0001, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006),
as reappropriated by Item 3860-490,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(3) 30.95.220-Upper Sacramento River
Levee Reconstruction Project
SEC. 195. Item 3860-495 is added to Section 2.00 of the Budget Act
of 2011, to read:
3860-495--Reversion, Department of Water
Resources. As of June 30, 2011, 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 3860-001-6031, Budget
Act of 2007 (Ch. 171 and
172, Stats. 2007)........... 14,945
(2) Item 3860-001-6031, Budget
Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised
by Ch. 1, 2009-10 4th Ex.
Sess.)...................... 6,762,531
SEC. 196. Item 3875-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
3875-001-0001--For support of Sacramento-San
Joaquin Delta Conservancy..................... 798,000
Schedule:
(1) 10-Sacramento-San Joaquin
Delta Conservancy........... 1,463,000
(2) Reimbursements.............. -500,000
(3) Amount payable from the
California Environmental
License Plate Fund (Item
3875-001-0140).............. -165,000
SEC. 197. Item 3875-001-0140 is added to Section 2.00 of the
Budget Act of 2011, to read:
3875-001-0140--For support of Sacramento-
San Joaquin Delta Conservancy, for
payment to Item 3875-001-0001, payable
from the California Environmental License
Plate Fund................................ 165,000
SEC. 198. Item 3940-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
3940-001-0001--For support of State Water
Resources Control Board, for payment to
Item 3940-001-0439, payable from the
General Fund.............................. 30,317,000
SEC. 199. Item 3940-001-0193 of Section 2.00 of the Budget Act of
2011 is amended to read:
3940-001-0193--For support of State Water
Resources Control Board, for payment to Item
3940-001-0439, payable from the Waste 91,561,00
Discharge Permit Fund........................ 0
Provisions:
1. Of the amount appropriated in
this item, and notwithstanding
subdivision (k) of Section
13350 of the Water Code,
$2,400,000 shall be from the
balance of penalty revenues
generated by the imposition of
liabilities pursuant to Section
13350 of the Water Code.
The funds specified in this
provision are hereby
appropriated to support the
state's litigation expenses
incurred in litigation
involving the Pacific Lumber
Company.
SEC. 200. Item 3940-001-0439 of Section 2.00 of the Budget Act of
2011 is amended to read:
3940-001-0439--For support of State Water
Resources Control Board, payable from the
Underground Storage Tank Cleanup Fund..... 327,774,000
Schedule:
(1) 10-Water Quality.... 532,589,000
(2) 20-Water Rights..... 14,019,000
(3) 30.01-
Administration...... 17,726,000
(4) 30.02-Distributed
Administration...... -17,726,000
(5) Reimbursements...... -9,204,000
(6) Amount payable from
the General Fund
(Item 3940-001-
0001)............... -30,317,000
(7) Amount payable from
the Unified Program
Account (Item 3940-
001-0028)........... -607,000
(8) Amount payable from
the Air Pollution
Control Fund (Item
3940-001-0115)...... -535,000
(9) Amount payable from
the Waste Discharge
Permit Fund (Item
3940-001-0193)...... -91,561,000
(10) Amount payable from
the Marine Invasive
Species Control
Fund (Item 3940-001-
0212)............... -100,000
(11) Amount payable from
the Public
Resources Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
3940-001-0235)...... -1,998,000
(12) Amount payable from
the Integrated
Waste Management
Account, Integrated
Waste Management
Fund (Item 3940-001-
0387)............... -4,644,000
(13) Amount payable from
the Water Recycling
Subaccount (Item
3940-001-0419)...... -1,150,000
(14) Amount payable from
the Drainage
Management
Subaccount (Item
3940-001-0422)...... -515,000
(15) Amount payable from
the Seawater
Intrusion Control
Subaccount (Item
3940-001-0424)...... -222,000
(16) Amount payable from
the Underground
Storage Tank Tester
Account (Item 3940-
001-0436)........... -62,000
(17) Amount payable from
the 1984 State
Clean Water Bond
Fund (Item 3940-001-
0740)............... -314,000
(18) Amount payable from
the Federal Trust
Fund (Item 3940-
001-0890)........... -52,030,000
(19) Amount payable from
the Water Rights
Fund (Item 3940-001-
3058)............... -12,591,000
(20) Amount payable from
the Wastewater
Operator
Certification Fund
(Item 3940-001-
3160)............... -651,000
(21) Amount payable from
the Watershed
Protection
Subaccount (Item
3940-001-6013)...... -196,000
(22) Amount payable from
the Santa Ana River
Watershed
Subaccount (Item
3940-001-6016)...... -250,000
(23) Amount payable from
the Lake Elsinore
and San Jacinto
Watershed
Subaccount (Item
3940-001-6017)...... -130,000
(24) Amount payable from
the Nonpoint Source
Pollution Control
Subaccount (Item
3940-001-6019)...... -200,000
(25) Amount payable from
the State
Revolving Fund Loan
Subaccount (Item
3940-001-6020)...... -821,000
(26) Amount payable from
the Wastewater
Construction Grant
Subaccount (Item
3940-001-6021)...... -910,000
(27) Amount payable from
the Coastal
Nonpoint Source
Control Subaccount
(Item 3940-001-
6022)............... -133,000
(28) Amount payable from
the Water Security,
Clean Drinking
Water, Coastal and
Beach Protection
Fund of 2002 (Item
3940-001-6031)...... -1,473,000
(29) Amount payable from
the Safe Drinking
Water, Water
Quality and Supply,
Flood Control,
River and Coastal
Protection Fund of
2006 (Item 3940-001-
6051)............... -1,897,000
(30) Amount payable from
the Petroleum
Underground Storage
Tank Financing
Account (Item 3940-
001-8026)........... -609,000
(31) Amount payable from
the State Water
Pollution Control
Revolving Fund
Administration Fund
(Item 3940-001-
9739)............... -5,714,000
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. 201. Item 3940-490 is added to Section 2.00 of the Budget Act
of 2011, to read:
3940-490--Reappropriation, State Water
Resources Control Board. As of June 30, 2011,
the balance in the appropriation provided for
in the following citation, except for the
amount specified in Item 3940-495 for
reversion, is reappropriated for the purposes
provided for in the appropriation and shall be
available for encumbrance or expenditure until
June 30, 2014:
6051--Safe Drinking Water, Water Quality
and Supply, Flood Control, River and
Coastal Protection Fund of 2006
(1) Item 3940-101-6051, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
SEC. 202. Item 3940-491 is added to Section 2.00 of the Budget Act
of 2011, to read:
3940-491--Reappropriation, State Water
Resources Control Board. The amount specified
in the following citation is reappropriated
for the purposes provided for that
appropriation:
3134--School District Account
(1) Up to $3,225,000 from Item 3940-101-
3134, Budget Act of 2009 (Ch. 1, 2009-
10 3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
SEC. 203. Item 3940-492 is added to Section 2.00 of the Budget Act
of 2011, to read:
3940-492--Reappropriation, State Water
Resources Control Board. The amount specified
in the following citation is reappropriated
for the purposes provided for in the
appropriation:
3145--Underground Storage Tank Petroleum
Contamination Orphan Site Cleanup Fund
(1) Up to $15,760,000 from Item 3940-101-
3145, Budget Act of 2009 (Ch. 1,
Stats. 2009-10 3rd Sess., as revised
by Ch. 1 2009-10 4th Ex. Sess.)
SEC. 204. Item 3940-496 is added to Section 2.00 of the Budget Act
of 2011, to read:
3940-496--Reappropriation, State Water
Resources Control Board. As of June 30, 2011,
the balances specified below of the
appropriations provided in the following
citations shall revert to the balance in the
funds from which the appropriations were made:
6013--Watershed Protection Subaccount
(1) Up to $5,912,530 from Item 3940-101-
6013, Budget Act of 2001 (Ch. 106,
Stats. 2001), as reappropriated by
Item 3940-490, Budget Act of 2010
(Ch. 712, Stats 2010)
(2) Up to $2,783,065 from Item 3940-101-
6013, Budget Act of 2002 (Ch. 379,
Stats. 2002), as reverted by Item 3940-
495, Budget Act of 2006 (Chs. 47 and
48, Stats. 2006), and as
reappropriated by Item 3940-490,
Budget Act of 2010 (Ch. 712, Stats
2010)
(3) Up to $2,037,556 from Item 3940-101-
6013, Budget Act of 2003 (Ch. 157,
Stats. 2003), as reappropriated by
Item 3940-490, Budget Act of 2010 (Ch.
712, Stats 2010)
(4) Up to $22,501 from Item 3940-101-6013,
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005), as reappropriated by
Item 3940-490, Budget Act of 2010 (Ch.
712, Stats. 2010)
(5) Up to $1,518,951 from Item 3940-101-
6013, Budget Act of 2006 (Chs. 47 and
48, Stats. 2006), as reappropriated by
Item 3940-490, Budget Act of 2010 (Ch.
712, Stats. 2010)
(6) Up to $340,352 from Item 3940-101-
6013, Budget Act of 2007 (Chs. 171 and
172, Stats. 2007)
(7) Up to $230,000 from Item 3940-001-
6013, Budget Act of 2009 (Ch. 1, 2009-
10 3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(8) Up to $196,000 from Item 3940-001-
6013, Budget Act of 2010 (Ch. 712,
Stats. 2010)
6019--Nonpoint Source Pollution Control
Subaccount
(1) Up to $11,427,665 from Item 3940-101-
6019, Budget Act of 2001 (Ch. 106,
Stats. 2001), as reappropriated by
Item 3940-490, Budget Acts of 2005
(Chs. 38 and 39, Stats. 2005) and 2010
(Ch. 712, Stats. 2010)
(2) Up to $4,115,296 from Item 3940-101-
6019, Budget Act of 2002 (Ch. 379,
Stats. 2002), as reappropriated by
Item 3940-490, Budget Act of 2010
(Ch. 712, Stats 2010)
(3) Up to $4,947,163 from Item 3940-101-
6019, Budget Act of 2003 (Ch. 157,
Stats. 2003), as reappropriated by
Item 3940-490, Budget Act of 2010 (Ch.
712, Stats 2010)
(4) Up to $3,312 from Item 3940-101-6019,
Budget Act of 2004 (Ch. 208, Stats.
2004), as reappropriated by Item 3940-
490, Budget Act of 2010 (Ch. 712,
Stats. 2010)
(5) Up to $1,563,644 from Item 3940-101-
6019, Budget Act of 2005 (Chs. 38 and
39, Stats. 2005), as reappropriated by
Item 3940-490, Budget Act of 2010 (Ch.
712, Stats. 2010)
(6) Up to $2,522,312 from Item 3940-101-
6019, Budget Act of 2006 (Chs. 47 and
48, Stats. 2006), as reappropriated by
Item 3940-490, Budget Act of 2010 (Ch.
712, Stats. 2010)
(7) Up to $194,331 from Item 3940-101-
6019, Budget Act of 2007 (Chs. 171 and
172, Stats. 2007)
(8) Up to $50,000 from Item 3940-001-6019,
Budget Act of 2009 (Ch. 1, 2009-10 3rd
Ex. Sess., as revised by Ch. 1, 2009-
10 4th Ex. Sess.)
(9) Up to $200,000 from Item 3940-001-
6019, Budget Act of 2010 (Ch. 712,
Stats. 2010)
6021--Wastewater Construction Grant
Subaccount
(1) Up to $157,000 from Item 3940-101-
6021, Budget Act of 2007 (Chs. 171 and
172, Stats. 2007)
(2) Up to $3,000 from Item 3940-001-6021,
Budget Act of 2009 (Ch. 1, 2009-10 3rd
Ex. Sess., as revised by Ch. 1, 2009-
10 4th Ex. Sess.)
(3) Up to $887,000 from Item 3940-001-
6021, Budget Act of 2010 (Ch. 712,
Stats. 2010)
6022--Coastal Nonpoint Source Control
Subaccount
(1) Up to $1,356,634 from Item 3940-101-
6022, Budget Act of 2000 (Ch. 52,
Stats. 2000)
(2) Up to $10,859,704 from Item 3940-101-
6022, Budget Act of 2001 (Ch. 106,
Stats. 2001), as reappropriated by
Item 3940-490, Budget Acts of 2005
(Chs. 38 and 39, Stats. 2005) and 2010
(Ch. 712, Stats. 2010)
(3) Up to $3,148,790 from Item 3940-101-
6022, Budget Act of 2002 (Ch. 379,
Stats. 2002), as reappropriated by
Item 3940-490, Budget Act of 2010 (Ch.
712, Stats. 2010)
(4) Up to $2,059,729 from Item 3940-101-
6022, Budget Act of 2004 (Ch. 208,
Stats. 2004), as reappropriated by
Item 3940-490, Budget Act of 2010 (Ch.
712, Stats. 2010)
(5) Up to $385,000 from Item 3940-101-
6022, Budget Act of 2005 (Chs. 38 and
39, Stats. 2005), as reappropriated by
Item 3940-490, Budget Act of 2010 (Ch.
712, Stats. 2010)
(6) Up to $50,000 from Item 3940-001-6022,
Budget Act of 2009 (Ch. 1, 2009-10 3rd
Ex. Sess., as revised by Ch. 1, 2009-
10 4th Ex. Sess.)
(7) Up to $133,000 from Item 3940-001-
6022, Budget Act of 2010 (Ch. 712,
Stats. 2010)
6029--California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal
Protection Fund
(1) Up to $1,918,000 from Item 3940-101-
6029, Budget Act of 2008 (Chs. 268 and
269, Stats. 2008)
6031--Water Security, Clean Drinking
Water, Coastal and Beach Protection Fund
of 2002
(1) Up to $925,544 from Item 3940-101-
6031, Budget Act of 2004 (Ch. 208,
Stats. 2004)
(2) Up to $13,524,066 from Item 3940-101-
6031, Budget Act of 2005 (Chs. 38 and
39, Stats. 2005)
(3) Up to $184,062 from Item 3940-101-
6031, Budget Act of 2007 (Chs. 171 and
172, Stats. 2007)
(4) Up to $20,936 from Item 3940-101-6031,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008)
(5) Up to $685,256 from Item 3940-001-
6031, Budget Act of 2009 (Ch. 1, 2009-
10 3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(6) Up to $200,517 from Item 3940-001-
6031, Budget Act of 2010 (Ch. 712,
Stats. 2010)
SEC. 205. Item 3960-001-0014 of Section 2.00 of the Budget Act of
2011 is amended to read:
3960-001-0014--For support of Department
of Toxic Substances Control, payable from
the Hazardous Waste Control Account........ 49,903,000
Schedule:
(1) 12-Site Mitigation
and Brownfields
Reuse............... 92,719,000
(2) 13-Hazardous Waste
Management.......... 62,822,000
(3) 19.01-
Administration...... 33,201,000
(4) 19.02-Distributed
Administration...... -33,201,000
(5) 20-Science,
Pollution
Prevention and
Technology.......... 19,327,000
(6) 21-State Certified
Unified Program..... 2,396,000
(7) Reimbursements...... -10,752,000
(8) Amount payable from
the General Fund
(Item 3960-001-
0001)............... -21,056,000
(9) Amount payable from
the Unified Program
Account (Item 3960-
001-0028)........... -1,027,000
(10) Amount payable from
the Illegal Drug
Lab Cleanup Account
(Item 3960-001-
0065)............... -2,051,000
(11) Amount payable from
the California Used
Oil Recycling Fund
(Item 3960-001-
0100)............... -422,000
(11.5) Amount payable from
Expedited Site
Remediation Trust
Fund (Item 3960-001-
0456)............... -731,000
(12) Amount payable from
the Toxic
Substances Control
Account (Item 3960-
001-0557)........... -58,258,000
(13) Amount payable from
the Federal Trust
Fund (Item 3960-001-
0890)............... -27,844,000
(14) Amount payable from
the Environmental
Quality Assessment
Fund (Item 3960-001-
3035)............... -298,000
(15) Amount payable from
the Electronic
Waste and Recovery
and Recycling
Account (Item 3960-
001-3065)........... -2,676,000
(16) Amount payable from
the State Certified
Unified Program
Agency Account
(Item 3960-001-
3084)............... -2,246,000
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 that
sufficient funds are available
for such purposes and the board
provides workload information
that justifies the increase.
3. No positions approved under
this item or any other actions
of the Department of Toxic
Substances Control shall be
used to investigate or work on
a sale, lease, or other
transfer of control of land at
Santa Susana Field Laboratory
until the Director of Toxic
Substances Control certifies
that the cleanups specified in
the Administrative Orders on
Consent signed on December 6,
2010, for that portion of Santa
Susana Field Laboratory, have
been completed and the
requirements of Sections
25359.20 and 25359.21 of the
Health and Safety Code are met.
SEC. 206. Item 3960-001-0456 is added to Section 2.00 of the
Budget Act of 2011, to read:
3960-001-0456--For support of Department of
Toxic Substances Control, payable from the
Expedited Site Remediation Trust Fund......... 731,000
Schedule:
(1) 12-Site Mitigation and
Brownfields Reuse............ 731,000
Provisions:
1. Notwithstanding any other provision
of law, upon request of the
Department of Toxic Substances
Control, and approval by the
Department of Finance, the Controller
shall augment the appropriation in
this item to pay costs associated
with the orphan shares at the Santa
Cruz Metro Greyhound site or Golden
State Technology site for the
Expedited Site Remediation Pilot
Program from uncommitted funds in the
Expedited Site Remediation Trust Fund.
2. The amount appropriated in this item
includes revenues derived from the
assessment of fines and penalties
imposed as specified in Section
13332.18 of the Government Code.
SEC. 207. Item 4140-001-0121 of Section 2.00 of the Budget Act of
2011 is amended to read:
4140-001-0121--For support of Office of
Statewide Health Planning and Development.. 56,010,000
Schedule:
(1) 10-Health Care
Quality and
Analysis............ 6,338,000
(2) 30-Health Care
Workforce........... 19,420,000
(3) 42-Facilities
Development......... 56,101,000
(4) 45-Cal-Mortgage
Loan Insurance...... 4,761,000
(5) 60-Health Care
Information......... 9,422,000
(6) 80.01-
Administration...... 16,134,000
(7) 80.02-Distributed
Administration...... -15,743,000
(8) Reimbursements...... -714,000
(9) Amount payable from
the General Fund
(Item 4140-001-
0001)............... -74,000
(10) Amount payable from
the California
Health Data and
Planning Fund (Item
4140-001-0143)...... -22,198,000
(11) Amount payable from
the Registered
Nurse Education
Fund (Item 4140-001-
0181)............... -2,220,000
(12) Amount payable from
the Federal Trust
Fund (Item 4140-001-
0890)............... -418,000
(13) Amount payable from
the Mental Health
Practitioner
Education Fund
(Item 4140-001-
3064)............... -551,000
(14) Amount payable
from the Vocational
Nurse Education
Fund (Item 4140-001-
3068)............... -232,000
(15) Amount payable from
the Mental Health
Services Fund (Item
4140-001-3085)...... -5,895,000
(16) Amount payable from
the Medically
Underserved Account
for Physicians,
Health Professions
Education Fund
(Item 4140-001-
8034)............... -900,000
(17) Amount payable from
the Medically
Underserved Account
for Physicians,
Health Professions
Education Fund
(Section 128555 of
the Health and
Safety Code)........ -1,400,000
(18) Amount payable from
the Health
Facilities
Construction Loan
Insurance Fund
(Section 129200 of
the Health and
Safety Code)........ -4,761,000
(19) Amount payable from
the Health
Professions
Education Fund
(Section 128355 of
the Health and
Safety Code)........ -1,060,000
Provisions:
1. Notwithstanding any other
provision of law, upon request
by the Office of Statewide
Health Planning and Development,
the Department of Finance may
augment the amount available
for expenditure in this item to
pay costs associated with the
review of hospital building
plans. The augmentation may be
effected not sooner than 30 days
after notification in writing of
the necessity therefor to the
chairpersons of the committees
in each house of the Legislature
that consider appropriations and
the Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time the chairperson of the
joint committee, or his or her
designee, may determine.
SEC. 208. Item 4170-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4170-001-0001--For support of Department of
Aging........................................ 3,995,000
Schedule:
(1) 10-Nutrition.......... 2,880,000
(2) 20-Senior Community
Employment Service.... 694,000
(3) 30-Supportive
Services and Centers.. 4,877,000
(4) 40-Special Projects... 1,231,000
(4.5) 45-CDA Medi-Cal
Programs.............. 6,746,000
(5) 50.01-Administration.. 8,567,000
(6) 50.02-Distributed
Administration........ -8,567,000
(7) Reimbursements........ -4,230,000
(8) Amount payable from
the State HICAP Fund
(Item 4170-001-0289).. -228,000
(9) Amount payable from
the Federal Trust
Fund (Item 4170-001-
0890)................. -7,929,000
(10) Amount payable from
the State Citation
Penalties Account,
Special Deposit Fund
(Item 4170-002-0942).. -46,000
SEC. 209. Item 4170-001-0890 of Section 2.00 of the Budget Act of
2011 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......... 7,929,000
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 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. 210. Item 4170-101-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4170-101-0001--For local assistance,
Department of Aging........................ 28,538,000
Schedule:
(1) 10-Nutrition........ 77,804,000
(2) 20-Senior Community
Employment Service.. 9,786,000
(3) 30-Supportive
Services and
Centers............. 63,177,000
(4) 40-Special
Projects............ 12,636,000
(5) 45-CDA Medi-Cal
Programs............ 20,232,000
(6) Reimbursements...... -4,559,000
(7) Amount payable from
the State HICAP
Fund (Item 4170-101-
0289)............... -2,246,000
(8) Amount payable from
the Federal Trust
Fund (Item 4170-101-
0890)............... -145,250,000
(9) Amount payable from
the State Health
Facilities Citation
Penalties Account,
Special Deposit
Fund (Item 4170-102-
0942)............... -1,142,000
(10) Amount payable from
the Skilled Nursing
Facility Quality
and Accountability
Special Fund (Item
4170-101-3167)...... -1,900,000
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. Of the funds appropriated in
this item, the Controller shall,
upon enactment of this act,
reimburse the amount specified
in Program 45-CDA Medi-Cal
Programs to the State Department
of Health Care Services for
support of the Multipurpose
Senior Services Program.
3. Given the reduction of up to
$2,500,000 in General Fund
moneys in the 2011-12 fiscal
year for the Multipurpose Senior
Services Program, the California
Department of Aging and the
State Department of Health Care
Services shall consult with the
federal government to identify
ways to reduce the operational
costs of the program and to
limit the impact on the number
of recipients served. These
departments shall update the
appropriate fiscal and policy
committees of the Legislature
regarding their plans for
implementing the reduction.
SEC. 211. Item 4170-101-0890 of Section 2.00 of the Budget Act of
2011 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................................. 145,250,000
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 2010-11 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. Unexpended federal grant funds
for Chronic Disease Self-
Management Programs budgeted
in 2010-11 are available for
encumbrance or expenditure
until March 30, 2012.
SEC. 212. Item 4200-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4200-001-0001--For support of Department of
Alcohol and Drug Programs..................... 4,202,000
Schedule:
(1) 15-Alcohol and Other
Drug Services Program.. 42,724,000
(2) 30.01-Administration... 11,447,000
(3) 30.02-Distributed
Administration......... -11,447,000
(4) Reimbursements......... -4,667,000
(5) Amount payable from
the Driving-Under-the-
Influence Program
Licensing Trust Fund
(Item 4200-001-0139)... -1,693,000
(6) Amount payable from
the Narcotic Treatment
Program Licensing
Trust Fund (Item 4200-
001-0243).............. -1,377,000
(7) Amount payable from
Indian Gaming Special
Distribution Fund
(Item 4200-001-0367)... -4,457,000
(8) Amount payable from
the Audit Repayment
Trust Fund (Item 4200-
001-0816).............. -72,000
(9) Amount payable from
the Federal Trust Fund
(Item 4200-001-0890)... -21,629,000
(11) Amount payable from
the Gambling Addiction
Program Fund (Item
4200-001-3110)......... -166,000
(12) Amount payable from
Residential and
Outpatient Program
Licensing Fund (Item
4200-001-3113)......... -4,461,000
Provisions:
1. Upon approval by the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Items 4200-101-0001, 4200-102-0001,
4200-103-0001, and 4200-104-0001.
In determining which transfers are
necessary pursuant to this
provision, the department shall
assess those programs and
operations that have the most
critical need. In making 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.
2. It is the intent of the Legislature
to consolidate state administrative
functions of the Drug Medi-Cal
Program and to transition those
functions to the State Department
of Health Care Services to (a)
improve access to alcohol and drug
treatment services, including a
focus on recovery and
rehabilitation services, (b) more
effectively integrate the financing
of services, including the receipt
of federal funds, (c) improve state
accountabilities and outcomes, and
(d) provide focused, high-level
leadership for behavioral health
services.
3. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-001-0001 to
consolidate state administrative
functions for the Drug Medi-Cal
Program and to transition those
functions to the State Department
of Health Care Services. Any
transfer shall be consistent with a
transition plan provided to the
Legislature as required in state
statute.
The Director of Finance shall
provide notification in writing to
the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less than
30 days prior to the effective date
of the approval. This 30-day
notification shall include (a) a
description of the program
transfer, including the reasons for
the transfer, (b) the number and
classifications of positions to be
transferred, (c) the assumptions
used in calculating the amount of
expenditure authority
transferred, and (d) any potential
fiscal or programmatic effects on
the program from which resources
are being transferred.
SEC. 213. Item 4200-001-3113 of Section 2.00 of the Budget Act of
2011 is amended to read:
4200-001-3113--For support of Department of
Alcohol and Drug Programs, for payment to Item
4200-001-0001, payable from the Residential
and Outpatient Program Licensing Fund.......... 4,461,000
Provisions:
1. The Department of Finance may
authorize the transfer of expenditure
authority from this item to Schedule
(4) of Item 4260-001-0001 and make
other corresponding changes to
Schedules (1), (2), and (3) of that
item to consolidate state
administrative functions for the Drug
Medi-Cal Program and to transition
those functions to the State
Department of Health Care Services.
Any transfer shall be consistent with
the transition plan provided to the
Legislature as required in state
statute.
The Director of Finance shall provide
notification in writing to the Joint
Legislative Budget Committee of any
transfer of expenditure authority
approved under this provision not less
than 30 days prior to the effective
date of the approval. This 30-day
notification shall include (a) a
description of the program transfer,
including the reasons for the
transfer, (b) the number and
classifications of positions to be
transferred, (c) the assumptions used
in calculating the amount of
expenditure authority transferred, and
(d) any potential fiscal or
programmatic effects on the program
from which resources are being
transferred.
SEC. 214. Item 4200-102-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4200-102-0001--For local assistance,
Department of Alcohol and Drug Programs, for
perinatal substance abuse treatment programs
(Drug Medi-Cal)................................ 2,548,000
Schedule:
(1) 15-Alcohol and Other
Drug Services Program... 5,096,000
(2) Reimbursements.......... -2,548,000
Provisions:
1. Upon approval by the Department of
Finance, the Controller shall
transfer such funds as are necessary
between this item and Items 4200-001-
0001, 4200-101-0001, 4200-103-0001,
and 4200-104-0001. In
determining which transfers are
necessary pursuant to this
provision, the department shall
assess those programs and operations
that have the most critical need. In
making this assessment, the
department shall consider such
factors as caseload requirements,
availability of personnel to provide
essential services, other funding
sources, and relevant information
provided by affected state agencies.
2. 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
4200-103-0001, so that the funds
appropriated in either item may be
used to pay the state and federal
share of prior fiscal years'
allowable Medi-Cal costs that exceed
the amount encumbered in prior
fiscal years. The 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. The Department of Finance may
authorize the transfer of
expenditure authority from this item
to Item 4260-101-0001 as it pertains
to the operation of the Drug Medi-
Cal Program. Any transfer shall be
consistent with the transition plan,
or components of the transition
plan, provided to the Legislature as
required in state statute.
The Director of Finance shall
provide notification in writing to
the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved under
this provision not less than 30 days
prior to the effective date of the
approval. This 30-day notification
shall include (a) a description of
the program transfer, including the
reasons for the transfer, (b) the
assumptions used in calculating the
amount of expenditure authority
transferred, and (c) any potential
fiscal or programmatic effects of
the transfer of expenditure
authority.
SEC. 215. Item 4200-103-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4200-103-0001--For local assistance,
Department of Alcohol and Drug Programs,
for Drug Medi-Cal Services................ 128,537,000
Schedule:
(1) 15-Alcohol and
Other Drug Services
Program............. 241,670,000
(2) Reimbursements...... -113,133,000
Provisions:
1. Upon approval by the Department
of Finance, the Controller shall
transfer such funds as are
necessary between this item and
Items 4200-001-0001, 4200-101-
0001, 4200-102-0001, and 4200-
104-0001. In determining which
transfers are necessary
pursuant to this provision, the
department shall assess those
programs and operations that
have the most critical need. In
making this assessment, the
department shall consider such
factors as caseload
requirements, availability of
personnel to provide essential
services, other funding sources,
and relevant information
provided by affected state
agencies.
2. 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 4200-102-0001
so that the funds appropriated
in either item may be used to
pay the state and federal share
of prior fiscal years' allowable
Medi-Cal costs that exceed the
amount encumbered in prior
fiscal years. The 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.
5. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-101-0001 as it
pertains to operation of the
Drug Medi-Cal Program. Any
transfer shall be consistent
with the transition plan, or
components of the transition
plan, provided to the
Legislature as required in state
statute.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less
than 30 days prior to the
effective date of the
approval. This 30-day
notification shall include (a) a
description of the program
transfer, including the reasons
for the transfer, (b) the
assumptions used in calculating
the amount of expenditure
authority transferred, and (c)
any potential fiscal or
programmatic effects of the
transfer of expenditure
authority.
SEC. 216. Item 4260-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4260-001-0001--For support of Department
of Health Care Services.................... 136,066,000
Schedule:
(1) 20-Health Care
Services............. 411,570,000
(2) 30.01-Administration. 25,792,000
(3) 30.02-Distributed
Administration....... -25,792,000
(4) Reimbursements....... -29,149,000
(5) Amount payable from
the Breast Cancer
Control Account
(Item 4260-001-0009). -112,000
(6) Amount payable from
the Childhood Lead
Poisoning Prevention
Fund (Item 4260-001-
0080)................ -181,000
(7) Amount payable from
the Unallocated
Account, Cigarette
and Tobacco Products
Surtax Fund (Item
4260-001-0236)....... -581,000
(8) Amount payable from
the Federal Trust
Fund (Item 4260-001-
0890)................ -244,616,000
(9) Amount payable from
the Mental Health
Services Fund (Item
4260-001-3085)....... -865,000
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
California Technology Agency. 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
California Technology Agency, and
shall include with the
notification a copy of the
approved feasibility study report
that reflects any changes.
5. The State Department of Health
Care Services shall provide a
quarterly accounting of
expenditures associated with the
8.0 audit positions for the
Targeted Case Management Program
identified in the Budget Act of
2010 (Ch. 712, Stats. 2010). The
department shall make the
quarterly accounting of
expenditures available to
designated representatives of the
local government agencies not
later than the last day of the
third quarter of the 2010-11
fiscal year, and on the last day
of each subsequent quarter
thereafter.
6. (a) The State Department of
Health Care Services
shall withhold 1 percent
of reimbursements to
local educational
agencies (LEAs) for the
purpose of funding the
work and related
administrative costs
associated with the audit
resources approved in
Budget Change Proposal
AI10-03 to ensure fiscal
accountability of the LEA
Medi-Cal Billing Option
Program and to comply
with the California Medi-
Cal State Plan. The
withhold percentage shall
be applied to funds paid
to LEAs for health
services based upon the
date of payment,
commencing July 1, 2010,
and excluding cost
settlement payments.
Moneys collected as a
result of the reduction
in federal Medicaid
payments allocable to
LEAs shall be deposited
into a special deposit
fund account, which shall
be established by the
department. The
department shall return
all unexpended funds in
the special deposit fund
account proportionately
to all LEAs that
contributed to the
account, during the
second quarter of the
subsequent fiscal year.
The annual amount
withheld shall not exceed
$650,000 for the 2010-11
fiscal year and may be
adjusted in the 2011-12
fiscal year with the
approval of the LEA Medi-
Cal Billing entities.
(b) The department shall
provide a quarterly
accounting of
expenditures made from
the special deposit fund
account. The department
shall make the quarterly
accounting of
expenditures available to
the public not later than
the last day of the third
quarter of the 2010-11
fiscal year, and on the
last day of each
subsequent quarter
thereafter.
7. The Department of Finance may
authorize the transfer of
expenditure authority from Item
4280-001-0001 to consolidate
state administrative functions
for the operation of the
Access for Infants and Mothers
Program and the Healthy Families
Program and to transition those
functions to the State Department
of Health Care Services. Any
transfer shall be consistent with
the transition plan provided to
the Legislature as required in
Provision 4 of Item 4280-001-0001.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer
approved under this provision not
less than 30 days prior to the
effective date of the approval.
This 30-day notification shall
include (a) a description of the
transfer of the programs,
including the reasons for the
transfer, (b) the number and
classifications of positions to
be transferred, (c) the
assumptions used in calculating
the amount of expenditure
authority transferred, and (d)
any potential fiscal effects
on the program from which
resources are being transferred.
8. It is the intent of the
Legislature to consolidate state
administrative functions for the
operation of Medi-Cal specialty
mental health services and to
transition those functions to the
State Department of Health Care
Services to (a) improve access to
mental health services, including
a focus on recovery and
rehabilitation services, (b) more
effectively integrate the
financing of services, including
the receipt of federal funds, (c)
improve state accountabilities
and outcomes, and (d) provide
focused, high-level leadership
for behavioral health services.
9. The Department of Finance may
authorize the transfer of
expenditure authority from Item
4440-001-0001 to consolidate
state administrative functions
for the operation of the Early
and Periodic Screening,
Diagnosis, and Treatment Program,
the Mental Health Managed Care
Program, and applicable functions
related to Medicaid requirements,
and to transition those functions
to the State Department of Health
Care Services. Any transfer shall
be consistent with the transition
plan provided to the Legislature
as required in Provision 3 of
Item 4440-001-0001.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less
than 30 days prior to the
effective date of the approval.
This 30-day notification shall
include (a) a description of the
transfer of the programs,
including the reasons for the
transfer, (b) the number and
classifications of positions to
be transferred, (c) the
assumptions used in calculating
the amount of expenditure
authority transferred, and (d)
any potential fiscal effects on
the program from which resources
are being transferred.
10. By September 1, 2011, in order to
ensure business continuity and to
minimize any interruptions of
services, the Department of
Finance may authorize the
transfer of positions and
employees performing
administrative functions for the
operation of the Early and
Periodic Screening, Diagnosis,
and Treatment Program, the Mental
Health Managed Care Program, and
applicable functions related to
Medicaid requirements from the
State Department of Mental Health
to the State Department of Health
Care Services (DHCS) prior to
submission of the transition plan
required in Provision 3 of
Item 4440-001-0001. The final
determination of total resources,
expenditure authority, and
organizational structure shall be
consistent with the transition
plan required in Item 4440-001-
0001.
Thirty days prior to the
effective date of any transfer of
positions and employees
authorized pursuant to this
provision, the Director of
Finance shall notify the Joint
Legislative Budget Committee of
the number of employees and
positions transferred and the
basis for determining this number
of employees and positions.
11. It is the intent of the
Legislature to consolidate state
administrative functions for the
operation of the Drug Medi-Cal
Program and to transition those
functions to the State Department
of Health Care Services to (a)
improve access to alcohol and
drug treatment services,
including a focus on recovery and
rehabilitation services, (b) more
effectively integrate the
financing of services, including
the receipt of federal funds, (c)
improve state accountabilities
and outcomes, and (d) provide
focused, high-level leadership
for behavioral health services.
12. The Department of Finance may
authorize the transfer of
expenditure authority from Item
4200-001-0001 to consolidate
state administrative functions
for the operation of the Drug
Medi-Cal Program and applicable
functions related to Medicaid
requirements, and to transition
those functions to the State
Department of Health Care
Services. Any transfer shall be
consistent with the transition
plan provided to the Legislature
as required in Item 4200-001-
0001.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less
than 30 days prior to the
effective date of the approval.
This 30-day notification shall
include (a) a description of the
transfer of the program,
including the reasons for the
transfer, (b) the number and
classifications of positions to
be transferred, (c) the
assumptions used in calculating
the amount of expenditure
authority transferred, and (d)
any potential fiscal effects on
the program from which resources
are being transferred.
SEC. 217. Item 4260-001-0890 of Section 2.00 of the Budget Act of
2011 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 244,616,00
Trust Fund.................................. 0
Provisions:
1. The Department of Finance may
authorize the transfer of
expenditure authority from
Item 4280-001-0890 to
consolidate state
administrative functions for
the operation of the Access
for Infants and Mothers
Program and the Healthy
Families Program and to
transition those functions
to the State Department of
Health Care Services. Any
transfer shall be consistent
with the transition plan
provided to the Legislature as
required in Provision 4 of
Item 4280-001-0001.
The Director of Finance shall
provide notification in
writing to the Joint
Legislative Budget Committee
of any transfer of expenditure
authority approved under this
provision not less than 30
days prior to the effective
date of the approval. This
notification shall include (a)
a description of the transfer
of the programs, including the
reasons for the transfer, (b)
the number and classifications
of positions to be
transferred, (c) the
assumptions used in
calculating the amount of
expenditure authority
transferred, and (d) any
potential fiscal effects on
the program from which
resources are being
transferred.
2. The Department of Finance may
authorize the transfer of
expenditure authority from
Item 4440-001-0890 to
consolidate state
administrative functions for
the operation of the Early and
Periodic Screening, Diagnosis,
and Treatment Program, the
Mental Health Managed Care
Program, and applicable
functions related to Medicaid
requirements and to transition
those functions to the State
Department of Health Care
Services. Any transfer shall
be consistent with the
transition plan provided to
the Legislature as required in
Provision 3 of Item 4440-001-
0001.
The Director of Finance shall
provide notification in
writing to the Joint
Legislative Budget Committee
of any transfer of expenditure
authority approved under
this provision not less than
30 days prior to the effective
date of the approval. This
notification shall include (a)
a description of the transfer
of the programs, including the
reasons for the transfer, (b)
the number and classifications
of positions to be
transferred, (c) the
assumptions used in
calculating the amount of
expenditure authority
transferred, and (d) any
potential fiscal effects on
the program from which
resources are being
transferred.
3. By September 1, 2011, in order
to ensure business continuity
and to minimize any
interruptions of services, the
Department of Finance may
authorize the transfer of
positions and employees
performing administrative
functions for the operation of
the Early and Periodic
Screening, Diagnosis, and
Treatment Program, the Mental
Health Managed Care Program,
and applicable functions
related to Medicaid
requirements from the State
Department of Mental Health to
the State Department of Health
Care Services (DHCS) prior to
submission of the transition
plan required in Provision 3
of Item 4440-001-0001. The
final determination of total
resources, expenditure
authority, and organizational
structure shall be consistent
with the transition plan
required in Item 4440-001-0001.
Thirty days prior to the
effective date of any transfer
of positions and employees
authorized pursuant to this
provision, the Director of
Finance shall notify the Joint
Legislative Budget Committee
of the number of employees and
positions transferred and the
basis for determining this
number of employees and
positions.
4. The Department of Finance may
authorize the transfer of
expenditure authority from
Item 4200-001-0890 to
consolidate state
administrative functions for
the operation of the Drug Medi-
Cal Program and applicable
functions related to Medicaid
requirements and to transition
those functions to the State
Department of Health Care
Services. Any transfer shall
be consistent with a
transition plan required in
Item 4200-001-0001.
The Director of Finance shall
provide notification in
writing to the Joint
Legislative Budget Committee
of any transfer of expenditure
authority approved under this
provision not less than 30
days prior to the effective
date of the approval. This
notification shall include (a)
a description of the transfer
of the program, including the
reasons for the transfer, (b)
the number and
classifications of positions
to be transferred, (c) the
assumptions used in
calculating the amount of
expenditure authority
transferred, and (d) any
potential fiscal effects on
the program from which
resources are being
transferred.
SEC. 218. Item 4260-017-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4260-017-0001--For support of Department of
Health Care Services, for implementation of
the Health Insurance Portability and
Accountability Act............................ 5,109,000
Schedule:
(1) 20-Health Care
Services............... 19,123,000
(2) Reimbursements......... -26,000
(3) Amount payable from
the Federal Trust Fund
(Item 4260-017-0890)... -13,988,000
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.
SEC. 219. Item 4260-017-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
4260-017-0890--For support of Department
of Health Care Services, for payment to
Item 4260-017-0001, payable from the
Federal Trust Fund, for implementation of
the Health Insurance Portability and
Accountability Act......................... 13,988,000
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 (P.L. 104-191).
SEC. 220. Item 4260-101-0001 of Section
2.00 of the Budget Act of 2011 is amended to read:
4260-101-0001--For local assistance,
Department of Health Care Services,
California Medical Assistance Program,
payable from the Health Care Deposit Fund
after transfer from the General Fund...... 14,333,237,000
Schedule:
(1) 20.10.010-
Eligibility (County
Administration)..... 2,713,226,000
(2) 20.10.020-Fiscal
Intermediary
Management.......... 285,543,000
(3) 20.10.030-Benefits
(Medical Care and 39,116,998,00
Services)........... 0
(4) Reimbursements...... -879,052,000
(5) Amount payable from
Childhood Lead
Poisoning
Prevention Fund
(Item 4260-101-
0080)............... -804,000
(6) Amount payable from
the Hospital
Services Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
4260-101-0232)...... -70,593,000
(7) Amount payable from
the Physician
Services Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
4260-101-0233)...... -105,000
(8) Amount payable from
the Unallocated
Account, Cigarette
and Tobacco
Products Surtax
Fund (Item 4260-101-
0236)............... -24,589,000
(9) Amount payable from
the Federal Trust
Fund (Item 4260-101- -26,807,387,0
0890)............... 00
Provisions:
1. The aggregate principal amount of
disproportionate share hospital
general obligation debt that
may be issued in the current
fiscal year pursuant to
subparagraph (A) of paragraph (2)
of subdivision (f) of Section
14085.5 of the Welfare and
Institutions Code shall be $0.
2. Notwithstanding any other
provision of law, both the
federal and nonfederal shares of
any moneys recovered for
previously paid health care
services, provided pursuant to
Chapter 7 (commencing with
Section 14000) of Part 3 of
Division 9 of the Welfare and
Institutions Code, are hereby
appropriated and shall be
expended as soon as practicable
for medical care and services as
defined in the Welfare and
Institutions Code.
3. Notwithstanding any other
provision of law, accounts
receivable for recoveries as
described in Provision 2 shall
have no effect upon the positive
balance of the General Fund or
the Health Care Deposit Fund.
Notwithstanding any other
provision of law, moneys
recovered as described in this
item that are required to be
transferred from the Health Care
Deposit Fund to the General Fund
shall be credited by the
Controller to the General Fund
without regard to the
appropriation from which it was
drawn.
4. Without regard to fiscal year,
the General Fund shall make one
or more loans available not to
exceed a cumulative total of
$45,000,000 to be transferred as
needed to the Health Care Deposit
Fund to meet cash needs. The
loans are subject to the
repayment provisions of Section
16351 of the Government Code. Any
additional loan requirement in
excess of $45,000,000 shall be
processed in the manner
prescribed by Section 16351 of
the Government Code.
5. Notwithstanding any other
provision of law, the State
Department of Health Care
Services may give public notice
relative to proposing or amending
any rule or regulation that could
result in increased costs in the
Medi-Cal program only after
approval by the Department of
Finance. Additionally, any rule
or regulation adopted by the
State Department of Health Care
Services and any communication
that increases costs in the Medi-
Cal program shall be effective
only after the date upon which it
is approved by the Department of
Finance.
6. Of the funds appropriated in this
item, up to $50,000 may be
allocated for attorney's fees
awarded pursuant to state or
federal law without prior
notification to the Legislature.
Individual settlements authorized
under this provision shall not
exceed $5,000. The semiannual
estimates of Medi-Cal
expenditures due to the
Legislature in January and May
shall reflect attorney's fees
paid 15 or more days prior to the
transmittal of the estimate. The
semiannual estimates of Medi-Cal
expenditures provided to the
Legislature in January and May
may constitute the notification
required by this provision.
7. Change orders to the medical or
the dental fiscal intermediary
contract for amounts exceeding a
total cost of $250,000 shall be
approved by the Department of
Finance not sooner than 30 days
after written notification of the
change order is provided to the
chairpersons of the fiscal and
policy committees in each
house of the Legislature and to
the Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time after that notification as
the chairperson of the joint
committee, or his or her
designee, may determine. The
semiannual estimates of Medi-Cal
expenditures provided to the
Legislature in January and May
may constitute the notification
required by this provision.
8. Recoveries of advances made to
counties in prior years pursuant
to Section 14153 of the Welfare
and Institutions Code are
reappropriated to the Health Care
Deposit Fund for reimbursement of
those counties where allowable
costs exceeded the amounts
advanced. Recoveries in excess of
the amounts required to fully
reimburse allowable costs
shall be transferred to the
General Fund. When a projected
deficiency exists in the Medical
Assistance Program, these funds,
subject to notification to the
Chairperson of the Joint
Legislative Budget Committee, are
appropriated and shall be
expended as soon as practicable
for the state's share of payments
for medical care and services,
county administration, and fiscal
intermediary services.
9. The Department of Finance may
transfer funds representing all
or any portion of any estimated
savings that are a result of
improvements in the Medi-Cal
claims processing procedures from
the Medi-Cal services budget or
the support budget of the State
Department of Health Care
Services (Item 4260-001-0001) to
the fiscal intermediary budget
item for purposes of making
improvements to the Medi-Cal
claims system.
10. Notwithstanding any other
provision of law, the Department
of Finance may authorize the
transfer of expenditure authority
between Schedules (1), (2), (3),
and (4) of this item and between
this item and Items 4260-102-
0001, 4260-111-0001, 4260-113-
0001, and 4260-117-0001 in order
to effectively administer the
programs funded in these items.
The Department of Finance shall
notify the Legislature within 10
days of authorizing such a
transfer unless prior
notification of the transfer has
been included in the Medi-Cal
estimates submitted pursuant to
Section 14100.5 of the Welfare
and Institutions Code. The 10-day
notification to the Legislature
shall include the reasons for the
transfer, the fiscal assumptions
used in calculating the transfer
amount, and any potential fiscal
effects on the program from which
funds are being transferred or
for which funds are being
reduced.
11. Notwithstanding any other
provision of law and Section
26.00, the Department of Finance
may authorize the transfer of
expenditure authority from
Schedule (3) to Schedule (1) for
the purposes of implementing
changes required by the federal
Deficit Reduction Act of 2005,
which shall include, but not be
limited to, providing assistance
to individuals in meeting these
verification rules and for county
eligibility activities. It is the
intent of the Legislature that
these transfers be provided on a
timely basis in order to ensure
the health and safety of
Californians. The Department of
Finance shall notify the
Legislature within 15 days of
authorizing that transfer unless
prior notification of the
transfer has been included in the
Medi-Cal estimates submitted
pursuant to Section 14100.5 of
the Welfare and Institutions
Code.
12. If a federal grant that provides
75-percent federal financial
participation to allow
individuals in nursing homes to
voluntarily move into a community
setting and still receive the
same amount of funding for
services is awarded to the State
Department of Health Care
Services during the current
fiscal year, then,
notwithstanding any other
provision of law, the department
may count expenditures from the
appropriation made to this item
as state matching funds for that
grant.
13. Of the amount appropriated in
this item, $85,000,000, along
with corresponding federal funds,
shall be expended to provide for
the transition of individuals
enrolled in, and receiving
benefits pursuant to, the
California Adult Day Health Care
Program to other Medi-Cal
services, as appropriate, and to
facilitate, when applicable,
transition to newly developed
federal waiver services that
serve a defined medically acute
population. It is the intent of
the Legislature to proceed with
legislation during the period of
the 2011-12 Regular Session to
develop such federal waiver
services to provide a more narrow
scope of services and to specify
a level of medical acuity for
enrollment.
14. The Department of Finance may
authorize the transfer of
expenditure authority from Item
4280-101-0001 or 4280-102-0001,
or both of those items, as it
pertains to the transition of the
Access for Infants and Mothers
Program and the Healthy Families
Program to the State Department
of Health Care Services. Any
transfer shall be consistent with
a transition plan, or components
of the transition plan, as
provided to the Legislature as
required in state statute
regarding these program transfers.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less
than 30 days prior to the
effective date of the approval.
This 30-day notification shall
include (a) a comprehensive
description of the program
transfer, including the number of
children affected and plans
affected, and (b) all assumptions
used in calculating the amount of
expenditure authority transferred.
15. The Department of Finance may
authorize the transfer of
expenditure authority from Item
4200-102-0001, 4200-102-0890, or
4200-103-0001, or any combination
of those items, as it pertains to
operation of the Drug Medi-Cal
Program. Any transfer shall be
consistent with a transition
plan, or components of a
transition plan, as provided to
the Legislature as required in
state statute regarding these
program transfers.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less
than 30 days prior to the
effective date of the approval.
This 30-day notification shall
include (a) a comprehensive
description of the program
transfer, including the number of
program participants affected and
related factors, and (b) all
assumptions used in calculating
the amount of expenditure
authority transferred.
16. The Department of Finance may
authorize the transfer of
expenditure authority from Item
4440-101-0001, 4440-101-0890,
4440-103-3085, 4440-105-0001, or
4440-105-3085, or any combination
of those items, as it pertains to
operation of Medi-Cal specialty
mental health services, including
the Early and Periodic Screening,
Diagnosis, and Treatment Program
and the Mental Health Managed
Care Program. Any transfer shall
be consistent with a transition
plan, or components of a
transition plan, as provided to
the Legislature as required in
state statute regarding these
program transfers.
The Department of Finance shall
provide a 30-day notice of any
authorized transfer of
expenditure authority to the
Joint Legislative Budget
Committee. This 30-day
notification shall include (a) a
comprehensive description of the
program transfer, including the
number of program participants
affected and plans affected, and
(b) all assumptions used in
calculating the amount of
expenditure authority transferred.
SEC. 220. Item 4260-101-0001 of Section 2.00 of
the Budget Act of 2011 is amended to read:
4260-101-0001--For local assistance,
Department of Health Care Services,
California Medical Assistance Program,
payable from the Health Care Deposit
Fund after transfer from the General
Fund..................................... 13,447,307,000
13,333,237,000
Schedule:
(1) 20.10.010-
Eligibility (County 2,709,484,00
Administration).....
2,713,226,0 0
0
(2) 20.10.020-Fiscal
Intermediary
Management.......... 285,543,000
(3) 20.10.030-Benefits
(Medical Care and 35,158,628,0
Services)........... 0
39,116,998, 0
00
(4) Reimbursements...... -877,366,000
-879,052,000
(5) Amount payable from
Childhood Lead
Poisoning
Prevention Fund
(Item 4260-101-
0080)............... -115,000
-804,000
(6) Amount payable from
the Hospital
Services Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
4260-101-0232)...... -70,593,000
(7) Amount payable from
the Physician
Services Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
4260-101-0233)...... -105,000
(8) Amount payable from
the Unallocated
Account, Cigarette
and Tobacco
Products Surtax
Fund (Item 4260-101-
0236)............... -24,589,000
(9) Amount payable from
the Federal Trust
Fund (Item 4260-101- -23,678,580,
0890)............... 000
(10) Amount payable from
the Medi-Cal
Emergency Services
Fund (Item 4260-101-
0890)............... -26,807,387,
3173)............... -55,000,
000
(11) Amount payable from
the Children and
Families Health and
Human Services
Trust Fund (Item -1,000,000,0
4260-101-3148)...... 00
Provisions:
1. The aggregate principal amount
of disproportionate share
hospital general obligation debt
that may be issued in the
current fiscal year pursuant to
subparagraph (A) of paragraph
(2) of subdivision (f) of
Section 14085.5 of the Welfare
and Institutions Code shall be
$0.
2. Notwithstanding any other
provision of law, both the
federal and nonfederal shares of
any moneys recovered for
previously paid health care
services, provided pursuant to
Chapter 7 (commencing with
Section 14000) of Part 3 of
Division 9 of the Welfare and
Institutions Code, are hereby
appropriated and shall be
expended as soon as practicable
for medical care and services as
defined in the Welfare and
Institutions Code.
3. Notwithstanding any other
provision of law, accounts
receivable for recoveries as
described in Provision 2 shall
have no effect upon the positive
balance of the General Fund or
the Health Care Deposit Fund.
Notwithstanding any other
provision of law, moneys
recovered as described in this
item that are required to be
transferred from the Health Care
Deposit Fund to the General
Fund shall be credited by the
Controller to the General Fund
without regard to the
appropriation from which it was
drawn.
4. Without regard to fiscal year,
the General Fund shall make one
or more loans available not to
exceed a cumulative total of
$45,000,000 to be transferred as
needed to the Health Care
Deposit Fund to meet cash needs.
The loans are subject to the
repayment provisions of Section
16351 of the Government Code.
Any additional loan requirement
in excess of $45,000,000 shall
be processed in the manner
prescribed by Section 16351 of
the Government Code.
5. Notwithstanding any other
provision of law, the State
Department of Health Care
Services may give public notice
relative to proposing or
amending any rule or regulation
that could result in increased
costs in the Medi-Cal program
only after approval by the
Department of Finance.
Additionally, any rule or
regulation adopted by the State
Department of Health Care
Services and any communication
that increases costs in the Medi-
Cal program shall be effective
only after the date upon which
it is approved by the Department
of Finance.
6. Of the funds appropriated in
this item, up to $50,000 may be
allocated for attorney's fees
awarded pursuant to state or
federal law without prior
notification to the Legislature.
Individual settlements
authorized under this provision
shall not exceed $5,000. The
semiannual estimates of Medi-Cal
expenditures due to the
Legislature in January and May
shall reflect attorney's
fees paid 15 or more days prior
to the transmittal of the
estimate. The semiannual
estimates of Medi-Cal
expenditures provided to the
Legislature in January and May
may constitute the notification
required by this provision.
7. Change orders to the medical or
the dental fiscal intermediary
contract for amounts exceeding a
total cost of $250,000 shall be
approved by the Department of
Finance not sooner than 30 days
after written notification of
the change order is provided to
the chairpersons of the fiscal
and policy committees in each
house of the Legislature and to
the Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time after that notification as
t ime as t he chairperson of the
joint
joint committee, or his or her
her designee, may determine. The
semiannual estimates of Medi-Cal
expenditures provided to the
Legislature in January and May
may constitute the notification
required by this provision.
8. Recoveries of advances made to
counties in prior years pursuant
to Section 14153 of the Welfare
and Institutions Code are
reappropriated to the Health
Care Deposit Fund for
reimbursement of those counties
where allowable costs exceeded
the amounts advanced. Recoveries
in excess of the amounts
required to fully reimburse
allowable costs shall be
transferred to the General Fund.
When a projected deficiency
exists in the Medical Assistance
Program, these funds, subject to
notification to the Chairperson
of the Joint Legislative Budget
Committee, are appropriated and
shall be expended as soon as
practicable for the state's
share of payments for
medical care and services,
county administration, and
fiscal intermediary services.
9. The Department of Finance may
transfer funds representing all
or any portion of any estimated
savings that are a result of
improvements in the Medi-Cal
claims processing procedures
from the Medi-Cal services
budget or the support budget of
the State Department of Health
Care Services (Item 4260-001-
0001) to the fiscal intermediary
budget item for purposes of
making improvements to the Medi-
Cal claims system.
10. Notwithstanding any other
provision of law, the Department
of Finance may authorize the
transfer of expenditure
authority between Schedules (1),
(2), (3), and (4) of this
item and between this item and
Items 4260-102-0001, 4260-111-
0001, 4260-113-0001, and 4260-
117-0001 in order to effectively
administer the programs funded
in these items. The Department
of Finance shall notify the
Legislature within 10 days of
authorizing such a transfer
unless prior notification of the
transfer has been included in
the Medi-Cal estimates submitted
pursuant to Section 14100.5 of
the Welfare and Institutions
Code. The 10-day notification to
the Legislature shall include
the reasons for the transfer,
the fiscal assumptions used in
calculating the transfer amount,
and any potential fiscal effects
on the program from which funds
are being transferred or for
which funds are being reduced.
11. Notwithstanding any other
provision of law and Section
26.00, the Department of Finance
may authorize the transfer of
expenditure authority from
Schedule (3) to Schedule (1) for
the purposes of implementing
changes required by the federal
Deficit Reduction Act of 2005,
which shall include, but not be
limited to, providing assistance
to individuals in meeting these
verification rules and for
county eligibility activities.
It is the intent of the
Legislature that these transfers
be provided on a timely basis in
order to ensure the health and
safety of Californians. The
Department of Finance shall
notify the Legislature within 15
days of authorizing that
transfer unless prior
notification of the transfer has
been included in the Medi-Cal
estimates submitted pursuant to
Section 14100.5 of the Welfare
and Institutions Code.
12. If a federal grant that provides
75-percent federal financial
participation to allow
individuals in nursing homes to
voluntarily move into a
community setting and still
receive the same amount of
funding for services is awarded
to the State Department of
Health Care Services during the
current fiscal year, then,
notwithstanding any other
provision of law, the department
may count expenditures from the
appropriation made to this item
as state matching funds for that
grant.
13. Of the amount appropriated in
this item, $85,000,000, along
with corresponding federal
funds, shall be expended to
provide for the transition of
individuals enrolled in, and
receiving benefits pursuant to,
the California Adult Day Health
Care Program to other Medi-Cal
services, as appropriate, and to
facilitate, when applicable,
transition to newly developed
federal waiver services that
serve a defined medically acute
population. It is the intent of
the Legislature to proceed with
legislation during the period of
the 2011-12 Regular Session to
develop such federal waiver
services to provide a more
narrow scope of services and to
specify a level of medical
acuity for enrollment.
14. The Department of Finance may
authorize the transfer of
expenditure authority from Item
4280-101-0001 or 4280-102-0001,
or both of those items, as it
pertains to the transition of
the Access for Infants and
Mothers Program and the Healthy
Families Program to the State
Department of Health Care
Services. Any transfer shall be
consistent with a transition
plan, or components of the
transition plan, as provided to
the Legislature as required in
state statute regarding these
program transfers.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less
than 30 days prior to the
effective date of the approval.
This 30-day notification shall
include (a) a comprehensive
description of the program
transfer, including the number
of children affected and plans
affected, and (b) all
assumptions used in calculating
the amount of expenditure
authority transferred.
15. The Department of Finance may
authorize the transfer of
expenditure authority from Item
4200-102-0001, 4200-102-0890, or
4200-103-0001, or any
combination of those items, as
it pertains to operation of the
Drug Medi-Cal Program. Any
transfer shall be consistent
with a transition plan, or
components of a transition plan,
as provided to the Legislature
as required in state statute
regarding these program
transfers.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less
than 30 days prior to the
effective date of the approval.
This 30-day notification shall
include (a) a comprehensive
description of the program
transfer, including the number
of program participants affected
and related factors, and (b) all
assumptions used in calculating
the amount of expenditure
authority transferred.
16. The Department of Finance may
authorize the transfer of
expenditure authority from Item
4440-101-0001, 4440-101-0890,
4440-103-0001, 4440-103-3085,
4440-105-0001, or 4440-105-3085,
or any combination of those
items, as it pertains to
operation of Medi-Cal specialty
mental health services,
including the Early and Periodic
Screening, Diagnosis, and
Treatment Program and the Mental
Health Managed Care Program. Any
transfer shall be consistent
with a transition plan, or
components of a transition plan,
as provided to the Legislature
as required in state statute
regarding these program
transfers.
The Department of Finance shall
provide a 30-day notice of any
authorized transfer of
expenditure authority to the
Joint Legislative Budget
Committee. This 30-day
notification shall include (a) a
comprehensive description of the
program transfer, including the
number of program participants
affected and plans affected, and
(b) all assumptions used in
calculating the amount of
expenditure authority
transferred.
SEC. 221. Item 4260-101-0080 of Section 2.00 of the Budget Act of
2011 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........................... 804,000
SEC. 222. Item 4260-101-0890 of Section 2.00 of the Budget Act of
2011 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............... 26,807,387,000
Provisions:
1. Any of the provisions in Item
4260-101-0001 that are
relevant to this item also
apply to this item.
2. The Department of Finance may
authorize the transfer of
expenditure authority from
Item 4280-101-0890 or 4280-
102-0890, or both of those
items, as it pertains to the
transition of the Access for
Infants and Mothers Program
and the Healthy Families
Program to the State
Department of Health Care
Services. Any transfer shall
be consistent with a
transition plan, or
components of a transition
plan, as provided to the
Legislature as required in
state statute regarding these
program transfers.
The Director of Finance shall
provide notification in
writing to the Joint
Legislative Budget Committee
of any transfer of
expenditure authority
approved under this provision
not less than 30 days prior
to the effective date of
the approval. This 30-day
notification shall include
(a) a comprehensive
description of the program
transfer, including the
number of children affected
and plans affected, and (b)
all assumptions used in
calculating the amount of
expenditure authority
transferred.
3. The Department of Finance may
authorize the transfer of
expenditure authority from
Item 4200-101-0001, 4200-101-
0890, or 4200-103-0001, or
any combination of those
items, as it pertains to
operation of the Drug Medi-
Cal Program. Any transfer
shall be consistent with a
transition plan, or
components of a transition
plan, as provided to the
Legislature as required in
state statute regarding these
program transfers.
The Department of Finance
shall provide a 30-day notice
of any authorized transfer to
the Joint Legislative Budget
Committee. This 30-day
notification shall include
(a) a comprehensive
description of the program
transfer, including the
number of program
participants affected and
related factors, and (b) all
assumptions used in
calculating the amount of
expenditure authority
transferred.
4. The Department of Finance may
authorize the transfer of
expenditure authority from
Item 4440-101-0890 as it
pertains to operation of Medi-
Cal specialty mental health
services, including the Early
and Periodic Screening,
Diagnosis, and Treatment
Program and the Mental Health
Managed Care Program. Any
transfer shall be consistent
with a transition plan, or
components of a
transition plan, as provided
to the Legislature as
required in state statute
regarding these program
transfers.
The Department of Finance
shall provide a 30-day notice
of any authorized transfer to
the Joint Legislative Budget
Committee. This 30-day
notification shall include
(a) a comprehensive
description of the program
transfer, including the
number of program
participants affected and
plans affected, and (b) all
assumptions used in
calculating the amount of
expenditure authority
transferred.
SEC. 223. Item 4260-101-3173 of Section 2.00 of the Budget Act of
2011 is amended to read:
4260-101-3173--For support of Department
of Health Care Services, for payment to
Item 4260-101-0001, payable from the Medi-
Cal Emergency Services Fund............... 0
SEC. 224. Item 4260-102-0001 of Section 2.00 of the Budget Act of
2011 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.......................... 46,591,000
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. 225. Item 4260-102-0890 of Section 2.00 of the Budget Act of
2011 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....................................... 46,591,000
Provisions:
1. Any of the provisions in
Item 4260-102-0001 that are
relevant to this item also
apply to this item.
SEC. 226. Item 4260-105-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4260-105-0001--For transfer to the
Private Hospital Supplemental Fund........ 120,177,000
SEC. 227. Item 4260-106-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
4260-106-0890--For local assistance,
Department of Health Care Services, payable
from the Federal Trust Fund................... 18,632,000
Schedule:
(1) 20.10.010-Eligibility
(County
Administration)........ 15,698,000
(2) 20.10.030-Benefits
(Medical Care and
Services).............. 2,934,000
Provisions:
1. Notwithstanding any other provision
of law, the Department of Finance
may authorize the transfer of
expenditure authority between this
item and Items 4260-101-0890, 4260-
102-0890, 4260-111-0890, 4260-
113-0890, and 4260-117-0890 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
estimate 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 final assumptions
used in calculating the transfer
amount, and any potential effects
on the program from which the funds
are being transferred or reduced.
SEC. 228. Item 4260-111-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4260-111-0001--For local assistance,
Department of Health Care Services.......... 89,141,000
Schedule:
(1) 20.25-Children's
Medical Services...... 268,509,000
(2) 20.35-Primary and
Rural Health.......... 1,054,000
(3) Reimbursements........ -57,657,000
(4) Amount payable
from the Childhood
Lead Poisoning
Prevention Fund (Item
4260-111-0080)........ -32,000
(6) Amount payable from
the Federal Trust
Fund (Item 4260-111-
0890)................. -122,733,000
Provisions:
1. Program 20.25-Children's Medical
Services: Counties may retain 50
percent of total enrollment and
assessment fees that are collected
by the counties for the California
Children's Services Program. Fifty
percent of the enrollment and
assessment fee for each county
shall be offset from the state's
match for that county.
2. Notwithstanding any other
provision of law, the Department
of Finance may authorize transfer
of expenditure authority between
this item and Items 4260-101-0001,
4260-102-0001, 4260-113-0001, and
4260-117-0001 in order to
effectively administer the
programs funded in these items.
The Department of Finance shall
notify the Legislature within 10
days of authorizing such transfer
unless prior notification of the
transfer has been included in the
Medi-Cal estimates submitted
pursuant to Section 14100.5 of the
Welfare and Institutions Code. The
10-day notification to the
Legislature shall include the
reasons for the transfer, the
fiscal assumptions used in
calculating the transfer amount,
and any potential fiscal effects
on the program from which funds
are being transferred or reduced.
3. The State Department of Health
Care Services shall convene a
diverse workgroup, 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, identifying
administrative cost efficiencies,
and developing 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 appropriate policy and
fiscal committees of the
Legislature with periodic updates
of outcomes as appropriate.
SEC. 229. Item 4260-111-0080 of Section 2.00 of the Budget Act of
2011 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........................... 32,000
SEC. 230. Item 4260-111-0890 of Section 2.00 of the Budget Act of
2011 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................ 122,733,000
Provisions:
1. Any of the provisions in Item
4260-111-0001 that are
relevant to this item also
apply to this item.
SEC. 231. Item 4260-113-0001 of Section 2.00 of
the Budget Act of 2011 is amended to read:
4260-113-0001--For local assistance,
Department of Health Care Services, for
the Healthy Families Program (Medi-Cal)... 200,891,000
Schedule:
(1) 20.10.010-
Eligibility (County
Administration)..... 4,039,000
(2) 20.10.020-Fiscal
Intermediary
Management.......... 960,000
(3) 20.10.030-Benefits
(Medical Care and
Services)........... 738,200,000
(4) Amount payable from
the Federal Trust
Fund (Item 4260-113-
0890)............... -542,308,000
Provisions:
1. Notwithstanding any other
provision of law, the Department
of Finance may authorize
transfer of expenditure
authority between Schedules
(1), (2), and (3) of this item
and between this item and Items
4260-101-0001, 4260-102-0001,
4260-111-0001, and 4260-117-0001
in order to effectively
administer the programs funded
in these items. The Department
of Finance shall notify the
Legislature within 10 days of
authorizing such transfer unless
prior notification of the
transfer has been included in
the Medi-Cal estimates submitted
pursuant to Section 14100.5 of
the Welfare and Institutions
Code. The 10-day notification to
the Legislature shall include
the reasons for the transfer of
expenditure authority, the
fiscal assumptions used in
calculating the amount of
expenditure authority
transferred, and any potential
effects on the program from
which funds are being
transferred or reduced.
2. The Department of Finance may
authorize the transfer of
expenditure authority from Item
4280-101-0001 or 4280-102-0001,
or both of those items, as it
pertains to the transition of
the Access for Infants and
Mothers Program and the Healthy
Families Program to the State
Department of Health Care
Services. Any transfer shall be
consistent with a transition
plan, or components of a
transition plan, as provided to
the Legislature as required in
state statute regarding these
program transfers.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer
approved under this provision
not less than 30 days prior to
the effective date of the
transfer. This 30-day
notification shall include (a) a
comprehensive description of the
program transfer, including the
number of children affected and
plans affected and (b) all
assumptions used in calculating
the amount of expenditure
authority transferred.
SEC. 231. Item 4260-113-0001 of Section 2.00 of
the Budget Act of 2011 is amended to read:
4260-113-0001--For local assistance,
Department of Health Care Services, for
the Healthy Families Program (Medi-Cal)... 249,373,000
200,891,000
Schedule:
(1) 20.10.010-
Eligibility (County
Administration)..... 4,039,000
(2) 20.10.020-Fiscal
Intermediary
Management.......... 960,000
(3) 20.10.030-Benefits
(Medical Care and
Services)........... 751,438,000
738,200,000
(4) Amount payable from
the Federal Trust
Fund (Item 4260-113-
0890)............... -507,064,000
-542,308,000
Provisions:
1. Notwithstanding any other
provision of law, the Department
of Finance may authorize
transfer of expenditure
authority between Schedules
(1), (2), and (3) of this item
and between this item and Items
4260-101-0001, 4260-102-0001,
4260-111-0001, and 4260-117-0001
in order to effectively
administer the programs funded
in these items. The Department
of Finance shall notify the
Legislature within 10 days of
authorizing such transfer unless
prior notification of the
transfer has been included in
the Medi-Cal estimates submitted
pursuant to Section 14100.5 of
the Welfare and Institutions
Code. The 10-day notification to
the Legislature shall include
the reasons for the transfer of
expenditure authority, the
fiscal assumptions used in
calculating the amount of
expenditure authority
transferred, and any potential
effects on the program from
which funds are being
transferred or reduced.
the reasons for the transfer,
2. The Department of Finance may
authorize the transfer of
expenditure authority from Item
4280-101-0001 or 4280-102-0001,
or both of those items, as it
pertains to the transition of
the Access for Infants and
Mothers Program and the Healthy
Families Program to the State
Department of Health Care
Services. Any transfer shall be
consistent with a transition
plan, or components of a
transition plan, as provided to
the Legislature as required in
state statute regarding these
program transfers.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer
approved under this provision
not less than 30 days prior to
the effective date of the
transfer. This 30-day
notification shall include (a) a
comprehensive description of the
program transfer, including the
number of children affected and
plans affected and (b) all
the fiscal assumptions used in
calculating
the amount of expenditure
authority transferred.
calculating the transfer amount,
3. The Department of Finance may
authorize the transfer of
expenditure authority from Item
4440-101-0001 or 4440-103-3085,
or both of those items, as it
pertains to the transition of
the Early and Periodic
Screening, Diagnosis, and
Treatment Program, the Mental
Health Managed Care Program, and
applicable functions related to
Medicaid requirements to the
State Department of Health Care
Services. Any transfer shall be
consistent with the transition
plan, or components of a
transition plan, as provided to
the Legislature as required in
state statute regarding these
program transfers.
and any potential effects on the
program from which funds are
being transferred or reduced.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less
than 30 days prior to the
effective date of the approval.
This notification shall include
(a) a comprehensive description
of the program transfer,
including the number of children
affected and plans affected, and
(b) all assumptions used in
calculating the amount of
expenditure authority
transferred.
SEC. 232. Item 4260-113-0890 of Section 2.00 of the Budget Act of
2011 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................ 542,308,000
Provisions:
1. Any of the provisions in Item
4260-113-0001 that are
relevant to this item also
apply to this item.
2. The Department of Finance may
authorize the transfer of
expenditure authority from
Item 4280-101-0890 or 4280-102-
0890, or both of those items,
as it pertains to the
transition of the Access for
Infants and Mothers Program
and the Healthy Families
Program to the State
Department of Health Care
Services. Any transfer shall
be consistent with a
transition plan, or components
of a transition plan, as
provided to the Legislature as
required in state statute
regarding these program
transfers.
The Director of Finance shall
provide notification in
writing to the Joint
Legislative Budget Committee
of any transfer approved under
this provision not less than
30 days prior to the effective
date of the approval. This 30-
day notification shall
include (a) a comprehensive
description of the program
transfer, including the number
of children affected and plans
affected, and (b) all
assumptions used in
calculating the amount of
expenditure authority
transferred.
SEC. 233. Item 4260-117-0001 of Section 2.00 of the Budget Act of
2011 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............ 6,024,000
Schedule:
(1) 20.10.010-Eligibility
(County
Administration)........ 3,675,000
(2) 20.10.020-Fiscal
Intermediary
Management............. 42,680,000
(3) Amount payable from
the Federal Trust Fund
(Item 4260-117-0890)... -40,331,000
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 (P.L. 104-191).
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. 233.5. Item 4260-117-0890 of Section 2.00 of
the Budget Act of 2011 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......... 34,132,000
40,331,000
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 (P.L. 104-
191).
2. Any of the provisions in Item
4260-117-0001 that are
relevant to this item also
apply to this item.
SEC. 234. Item 4265-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4265-001-0001--For support of Department of
Public Health............................... 71,064,000
Schedule:
(1) 10-Public Health
Emergency
Preparedness........ 46,585,000
(2) 20-Public and
Environmental
Health.............. 396,736,000
(3) 30-Licensing and
Certification....... 182,568,000
(4) 40.01-
Administration...... 27,655,000
(5) 40.02-Distributed
Administration...... -27,655,000
(6) Reimbursements...... -32,001,000
(7) Amount payable from
the Breast Cancer
Research Account
(Item 4265-001-
0007)............... -1,063,000
(8) Amount payable from
the Breast Cancer
Control Account
(Item 4265-001-
0009)............... -5,038,000
(9) Amount payable from
the Nuclear
Planning Assessment
Special Account
(Item 4265-001-
0029)............... -985,000
(10) Amount payable from
the Motor Vehicle
Account, State
Transportation Fund
(Item 4265-001-
0044)............... -1,264,000
(11) Amount payable from
the Sale of Tobacco
to Minors Control
Account (Item 4265-
001-0066)........... -2,490,000
(12) Amount payable from
the Occupational
Lead Poisoning
Prevention Account
(Item 4265-001-
0070)............... -3,133,000
(13) Amount payable from
the Medical Waste
Management Fund
(Item 4265-001-
0074)............... -2,169,000
(14) Amount payable from
the Radiation
Control Fund (Item
4265-001-0075)...... -22,464,000
(15) Amount payable from
the Tissue Bank
License Fund (Item
4265-001-0076)...... -491,000
(16) Amount payable
from the Childhood
Lead Poisoning
Prevention Fund
(Item 4265-001-
0080)............... -10,692,000
(17) Amount payable from
the Export Document
Program Fund (Item
4265-001-0082)...... -238,000
(18) Amount payable from
the Clinical
Laboratory
Improvement Fund
(Item 4265-001-
0098)............... -9,230,000
(19) Amount payable from
the Health
Statistics Special
Fund (Item 4265-001-
0099)............... -23,401,000
(19.5) Amount payable from
the Air Pollution
Control Fund (Item
4265-001-0115)...... -323,000
(20) Amount payable from
the Wine Safety
Fund (Item 4265-001-
0116)............... -60,000
(21) Amount payable from
the Water Device
Certification
Special Account
(Item 4265-001-
0129)............... -271,000
(22) Amount payable from
the Food Safety
Fund (Item 4265-001-
0177)............... -7,366,000
(23) Amount payable from
the Environmental
Laboratory
Improvement Fund
(Item 4265-001-
0179)............... -3,409,000
(24) Amount payable from
the Genetic Disease
Testing Fund (Item
4265-001-0203)...... -19,800,000
(25) Amount payable from
the Health
Education Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
4265-001-0231)...... -7,974,000
(26) Amount payable from
the Research
Account, Cigarette
and Tobacco
Products Surtax
Fund (Item 4265-001-
0234)............... -5,221,000
(27) Amount payable from
the Unallocated
Account, Cigarette
and Tobacco
Products Surtax
Fund (Item 4265-001-
0236)............... -1,934,000
(28) Amount payable from
the Drinking Water
Operator
Certification
Special Account
(Item 4265-001-
0247)............... -1,726,000
(29) Amount payable from
the Nursing Home
Administrator's
State License
Examining Board
Fund (Item 4265-001-
0260)............... -366,000
(30) Amount payable from
the Infant Botulism
Treatment and
Prevention Fund
(Item 4265-001-
0272)............... -6,184,000
(31) Amount payable from
the Safe Drinking
Water Account (Item
4265-001-0306)...... -13,308,000
(32) Amount payable from
the Registered
Environmental
Health Specialist
Fund (Item 4265-001-
0335)............... -400,000
(33) Amount payable from
the Vectorborne
Disease Account
(Item 4265-001-
0478)............... -101,000
(34) Amount payable from
the Toxic
Substances Control
Account (Item 4265-
001-0557)........... -1,154,000
(35) Amount payable from
the Domestic
Violence Training
and Education Fund
(Item 4265-001-
0642)............... -915,000
(36) Amount payable from
the California
Alzheimer's Disease
and Related
Disorders Research
Fund (Item 4265-001-
0823)............... -806,000
(37) Amount payable from
the Federal Trust
Fund (Item 4265-001-
0890)............... -258,207,000
(38) Amount payable from
the Drug and Device
Safety Fund (Item
4265-001-3018)...... -6,047,000
(39) Amount payable from
the Medical
Marijuana Program
Fund (Item 4265-001-
3074)............... -461,000
(40) Amount payable from
the Cannery
Inspection Fund
(Item 4265-001-
3081)............... -2,351,000
(41) Amount payable from
the State
Department of
Public Health
Licensing and
Certification
Program Fund (Item
4265-001-3098)...... -90,789,000
(42) Amount payable from
the Retail Food
Safety and Defense
Fund (Item 4265-001-
3111)............... -23,000
(43) Amount payable from
the Birth Defects
Monitoring Fund
(Item 4265-001-
3114)............... -3,791,000
(44) Amount payable from
the Lead-Related
Construction Fund
(Item 4265-001-
3155)............... -443,000
(45) Amount payable from
the Recreational
Health Fund (Item
4265-001-3157)...... -236,000
(46) Amount payable from
the Water Security,
Clean Drinking
Water, Coastal and
Beach Protection
Fund of 2002 (Item
4265-001-6031)...... -4,017,000
(47) Amount payable from
the Safe Drinking
Water, Water
Quality and Supply,
Flood Control,
River and
Coastal Protection
Fund of 2006 (Item
4265-001-6051)...... -2,280,000
(48) Amount payable from
the California
Prostate Cancer
Research Fund (Item
4265-001-8025)...... -203,000
Provisions:
1. Except as otherwise prohibited
by law, the State Department
of Public Health shall
promulgate emergency regulations
to adjust the public health fees
set by regulation to an amount
such that, if the new fees were
effective throughout the 2011-12
fiscal year, the estimated
revenues would be sufficient to
offset at least 95 percent of
the approved program level
intended to be supported by
those fees. The General Fund
fees of the department that are
subject to the annual fee
adjustment pursuant to
subdivision (a) of Section
100425 of the Health and Safety
Code shall be increased by 9.21
percent. The special fund fees
of the department that are
subject to the annual fee
adjustment pursuant to
subdivision (a) of Section
100425 of the Health and Safety
Code may be increased by 9.21
percent only if the fund
condition statement for a fund
projects a reserve less than 10
percent of estimated
expenditures and the revenues
projected for the 2011-12 fiscal
year are less than the
appropriation contained in this
act.
2. Notwithstanding subdivision (b)
of Section 100450 of the Health
and Safety Code, departmental
fees that are subject to the
annual fee adjustment pursuant
to subdivision (a) of Section
100450 of the Health and Safety
Code shall be increased by 7.5
percent, effective July 1, 2011.
This adjustment shall not be
applied to fees established by
subdivisions (f), (g), (m), and
(s) of Section 1300 of the
Business and Professions Code.
3. The State Department of Public
Health shall limit expenditures
in this item to implement the
Uniform Anatomical Gift Act (Ch.
829, Stats. 2000) to the amount
of actual fees collected from
tissue banks.
4. The State Department of Public
Health shall provide the fiscal
and policy committees of each
house of the Legislature by no
later than January 15, 2012, a
copy of the annual work plan for
accomplishing the mandates set
forth in the Nursing Home
Administrators' Act (Chapter
2.35 (commencing with Section
1416) of Division 2 of the
Health and Safety Code). This
work plan will identify goals
and objectives, required
activities, resources needed,
timeframes, and expected
outcomes that will result in the
accomplishment of the defined
mandates.
5. The State Department of Public
Health shall use the standard
state personnel year equivalent
for all new positions funded in
the 2011-12 fiscal year for
licensing and certification
activities related to health
care facilities.
7. The Center for Environmental
Health shall provide the fiscal
committees of each house of the
Legislature, by no later than
January 10 and May 14 of each
year, with a fiscal update that
contains a summary of all water
bond appropriation authority of
the State Department of Public
Health, bond proceeds, the
status of project obligations,
and any other relevant
information regarding the
department's overall safe
drinking water program.
SEC. 235. Item 4265-001-0007 of Section 2.00 of the Budget Act of
2011 is amended to read:
4265-001-0007--For support of Department
of Public Health, for payment to Item
4265-001-0001, payable from the Breast
Cancer Research Account................... 1,063,000
SEC. 236. Item 4265-001-0234 of Section 2.00 of the Budget Act of
2011 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............................... 5,221,000
SEC. 237. Item 4265-001-0890 of Section 2.00 of the Budget Act of
2011 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....................................... 258,207,000
Provisions:
1. Of the funds appropriated in
this item, $55,421,000 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 $400,000 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,
2012.
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. 238. Item 4265-011-0080 of Section 2.00 of the Budget Act of
2011 is amended to read:
4265-011-0080--For transfer by the
Controller, upon order of the Director of
Finance, from the Childhood Lead
Poisoning Prevention Fund, to the General
Fund...................................... (9,062,000)
SEC. 239. Item 4265-111-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4265-111-0001--For local assistance,
Department of Public Health................ 129,561,000
Schedule:
(1) 10.10-Emergency
Preparedness........ 62,483,000
(2) 20.10-Chronic
Disease Prevention
and Health
Promotion........... 209,167,000
(3) 20.20-Infectious
Disease............. 370,506,000
(4) 20.30-Family Health. 1,634,019,000
(5) 20.40-Health
Information and
Strategic Planning.. 510,000
(6) 20.50-County Health
Services............ 14,181,000
(8) Reimbursements...... -203,758,000
(9) Amount payable from
the Breast Cancer
Control Account
(Item 4265-111-
0009)............... -12,874,000
(10) Amount payable from
the Childhood Lead
Poisoning
Prevention Fund
(Item 4265-111-
0080)............... -11,000,000
(11) Amount payable from
the Health
Statistics Special
Fund (Item 4265-111-
0099)............... -510,000
(12) Amount payable from
the California
Health Data and
Planning Fund (Item
4265-111-0143)...... -240,000
(13) Amount payable from
the Genetic Disease
Testing Fund (Item
4265-111-0203)...... -94,001,000
(14) Amount payable from
the Health
Education Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
4265-111-0231)...... -42,335,000
(15) Amount payable from
the Unallocated
Account, Cigarette
and Tobacco
Products Surtax
Fund (Item 4265-111-
0236)............... -22,081,000
(16) Amount payable from
the Child Health
and Safety Fund
(Item 4265-111-
0279)............... -1,050,000
(17) Amount payable from
the Domestic
Violence Training
and Education Fund
(Item 4265-111-
0642)............... -235,000
(18) Amount payable from
the Federal Trust
Fund (Item 4265-111- -1,545,870,00
0890)............... 0
(19) Amount payable from
the WIC
Manufacturer Rebate
Fund (Item 4265-111-
3023)............... -227,000,000
(20) Amount payable from
the California
Sexual Violence
Victim Services
Fund (Item 4265-111-
8035)............... -174,000
(21) Amount payable from
the ALS/Lou
Gehrig's Disease
Research Fund (Item
4265-111-8053)...... -177,000
Provisions:
1. The Office of AIDS in the State
Department of Public Health, in
allocating and processing
contracts and grants, shall
comply with the same requirements
that are established for
contracts and grants for other
public health programs.
Notwithstanding any other
provision of law, the contracts
or grants administered by the
Office of AIDS shall be exempt
from the Public Contract Code and
shall be exempt from approval by
the Department of General
Services prior to their execution.
2. The appropriation in this item
for the Alzheimer's Research
Centers shall be used for
direct services, including, but
not limited to, diagnostic
screening, case management,
disease management, support for
caregivers, and related services
necessary for positive client
outcomes.
SEC. 240. Item 4265-111-0009 of Section 2.00 of the Budget Act of
2011 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 Cancer Control Account............. 12,874,000
SEC. 241. Item 4265-111-0231 of Section 2.00 of the Budget Act of
2011 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.............. 42,335,000
SEC. 242. Item 4265-111-0890 of Section 2.00 of the Budget Act of
2011 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........................ 1,545,870,000
Provisions:
1. Of the funds appropriated in
this item, $66,596,000 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 $400,000 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,
2012.
3. Any provisions in Item 4265-
111-0001 that are relevant to
this item shall apply to this
item.
SEC. 243. Item 4265-111-6051 is added to Section 2.00 of the
Budget Act of 2011, to read:
4265-111-6051--For local assistance,
Department of Public Health, payable from the
Safe Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection
Fund of 2006................................... 7,500,000
Provisions:
1. The funds appropriated in this item
shall be to provide grants to public
agencies, as provided in Section 75022
of the Public Resources Code, to
improve drinking water infrastructure
in communities served by mutual
water companies in the cities of
Maywood and Santa Ana. Grants may be
made only with respect to a mutual
water company that dissolves or
otherwise transfers all responsibility
for operation of the public water
system to the public agency seeking
the grant. Any funds that are not
awarded within three years after the
effective date of the act adding this
item shall revert back to the Safe
Drinking Water, Water Quality and
Supply, Flood Control, River and
Coastal Protection Fund of 2006.
SEC. 244. Item 4265-401 is added to Section 2.00 of the Budget Act
of 2011, 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
of 2005 (Chs. 38 and 39, Stats. 2005),
the $1,500,000 loan authorized to the
Medical Marijuana Program Fund shall be
fully repaid to the Health Statistics
Special Fund by June 30, 2014, with
interest calculated at the rate earned by
the Pooled Money Investment Account at
the time of the loan.
SEC. 245. Item 4265-491 is added to Section 2.00 of the Budget Act
of 2011, to read:
4265-491--Reappropriation, Department of
Public Health. As of June 30, 2011, the amount
specified in the following citation is
reappropriated for the purposes of storing
emergency preparedness assets, including
pharmaceuticals, medical supplies, and state
mobile field hospitals, to allow the
Department of Public Health and the Emergency
Medical Services Authority to distribute the
assets to alternate, permanent points of
responsibility. These funds shall be available
for encumbrance or expenditure until June 30,
2013:
0001--General Fund
(1) $1,832,000 in Item 4260-111-0001,
Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006)
SEC. 246. Item 4280-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4280-001-0001--For support of Managed Risk
Medical Insurance Board........................ 2,688,000
Schedule:
(1) 10-Major Risk Medical
Insurance Program...... 1,284,000
(2) 20-Access for Infants
and Mothers Program.... 1,002,000
(3) 40-Healthy Families
Program................ 10,050,000
(4) 50-County Health
Initiative Matching
Fund Program........... 482,000
(5) Reimbursements......... -493,000
(6) Amount payable from
Unallocated Account,
Cigarette and Tobacco
Products Surtax Fund
(Item 4280-001-0236)... -34,000
(7) Amount payable from
Perinatal Insurance
Fund (Item 4280-001-
0309).................. -342,000
(8) Amount payable from
Major Risk Medical
Insurance Fund (Item
4280-001-0313)......... -1,284,000
(9) Amount payable from
Federal Trust Fund
(Item 4280-001-0890)... -7,495,000
(11) Amount payable from
Federal Trust Fund
(Item 4280-003-0890)... -313,000
(12) Amount payable from
County Health
Initiative Matching
Fund (Item 4280-003-
3055).................. -169,000
Provisions:
1. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4280-103-0890 or 4280-103-3055
in order to effectively administer
the County Health Initiative
Matching Fund program.
2. To provide for the effective use of
federal State Children's Health
Insurance Program funds in the
County Health Initiative Matching
Fund program 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 after that
notification as the chairperson of
the joint committee, or his or her
designee, may in each instance
determine. This provision shall not
apply to any General Fund increases
or reductions.
3. Augmentations to reimbursements in
this item are exempt from Section
28.50. The Managed Risk Medical
Insurance Board shall provide
written notification within 30 days
to the Joint Legislative Budget
Committee describing the nature and
planned expenditure of these
augmentations when the amount
received exceeds $200,000. Federal
funds may be increased to allow for
the matching of the augmentations
of reimbursements and the
Department of Finance may authorize
the establishment of positions if
costs are fully offset by the
augmentations to reimbursements.
4. A transition plan for the transfer
of state administrative functions
for the operation of the Access for
Infants and Mothers Program and the
Healthy Families Program and any
other applicable functions related
to Medicaid requirements to the
State Department of Health Care
Services shall be provided to all
fiscal and applicable policy
committees of the Legislature as
soon as feasible, but no later than
December 1, 2011.
5. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-001-0001 to
consolidate state administrative
functions for the operation of
Access for Infants and Mothers
Program and the Healthy Families
Program and to transition those
functions to the State Department
of Health Care Services. Any
transfer shall be consistent with
the transition plan provided to the
Legislature as required in
Provision 4 of this item.
The Director of Finance shall
provide notification in writing to
the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less than
30 days prior to the effective date
of the approval. This 30-day
notification shall include (a) a
description of the transfer of the
programs, including the reasons for
the transfer, (b) the number
and classifications of positions to
be transferred, (c) the assumptions
used in calculating the amount of
expenditure authority transferred,
and (d) any potential fiscal or
programmatic effects of the
transfer of expenditure authority.
SEC. 247. Item 4280-001-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
4280-001-0890--For support of Managed Risk
Medical Insurance Board, for payment to
Item 4280-001-0001, payable from the
Federal Trust Fund, for Healthy Families
Program..................................... 7,495,000
Provisions:
1. Provision 3 of Item 4280-001-0001
also applies to this item.
2. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-001-0890 to
consolidate state administrative
functions for the operation of
Access for Infants and Mothers
Program and the Healthy Families
Program and to transition those
functions to the State Department
of Health Care Services. Any
transfer shall be consistent with
the transition plan provided to the
Legislature required in Provision 4
of Item 4280-001-0001.
The Director of Finance shall
provide notification in writing to
the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less than
30 days prior to the effective date
of the approval. This
notification shall include (a) a
description of the transfer of the
programs, including the reasons for
the transfer, (b) the number and
classifications of positions to be
transferred, (c) the assumptions
used in calculating the amount of
expenditure authority transferred,
and (d) any potential fiscal or
programmatic effects of the
transfer of expenditure authority.
SEC. 248. Item 4280-101-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4280-101-0001--For local assistance,
Managed Risk Medical Insurance Board, for
the Healthy Families Program.............. 215,347,000
Schedule:
(1) 20-Access for
Infants and Mothers
Program............. 69,839,000
(2) 40-Healthy Families
Program............. 781,615,000
(3) Amount payable from
the Federal Trust
Fund (Item 4280-101-
0890)............... -577,890,000
(4) Amount payable from
the Children's
Health and Human
Services Special
Fund (Item 4280-101-
3156)............... -58,217,000
Provisions:
1. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4280-102-0001 in order to
effectively administer the
Healthy Families Program.
2. The Managed Risk Medical
Insurance Board shall use all
available, designated funds for
the Healthy Families Program
from the Children's Health and
Human Services Special Fund
before General Funds are used,
and advise the Department of
Finance and the Joint
Legislative Budget Committee, as
part of the estimate submittals
required in subdivision (h) of
Section 10506 of the Welfare and
Institutions Code, on how much
revenue is available from the
Children's Health and Human
Services Special Fund and its
overall impact on General Fund
appropriations and annual
General Fund allocations.
3. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-101-0001 or
4260-113-0001, or both of those
items, as it pertains to the
transition of the Access for
Infants and Mothers Program and
the Healthy Families Program
to the State Department of
Health Care Services. Any
transfer shall be consistent
with the transition plan, or
components of a transition plan,
as provided to the Legislature
as required in state statute
regarding these program
transfers.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less
than 30 days prior to the
effective date of the approval.
This notification shall include
(a) a comprehensive description
of the program transfer,
including the number of children
affected and plans affected, and
(b) all assumptions used in
calculating the amount of
expenditure authority
transferred.
SEC. 249. Item 4280-101-0890 of Section 2.00 of the Budget Act of
2011 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................... 577,890,000
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.
2. The Department of Finance may
authorize the transfer of
expenditure authority from
this item to Item 4260-101-
0890 or 4260-113-0890, or to
both of those items, as it
pertains to the transition of
the Access for Infants and
Mothers Program and the
Healthy Families Program to
the State Department of Health
Care Services. Any transfer
shall be consistent with the
transition plan, or components
of the transition plan, as
provided to the Legislature as
required in state statute
regarding these program
transfers.
The Director of Finance shall
provide notification in
writing to the Joint
Legislative Budget Committee
of any transfer of expenditure
authority approved under this
provision not less than 30
days prior to the effective
date of the approval. This
notification shall include (a)
a comprehensive description of
the program transfer,
including the number of
children affected and plans
affected, and (b) all
assumptions used in
calculating the amount of
expenditure authority
transferred.
SEC. 250. Item 4280-101-3156 of Section 2.00 of the Budget Act of
2011 is amended to read:
4280-101-3156--For local assistance,
Managed Risk Medical Insurance Board, for
payment to Item 4280-101-0001, payable
from the Children's Health and Human
Services Special Fund, for the Healthy
Families Program........................... 58,217,000
Provisions:
1. Funds appropriated in this
item are in lieu of the
amounts that otherwise would
have been appropriated for
administration pursuant to
Section 12201 of the Revenue
and Taxation Code.
2. Upon order of the Department
of Finance, the Controller
shall transfer such funds as
are necessary between this
item and Item 4280-102-3156 in
order to effectively
administer the Healthy
Families Program.
3. Provision 2 of Item 4280-101-
0001 also applies to this item.
4. The Department of Finance may
authorize the transfer of
expenditure authority from
this item to Item 4260-101-
0001, 4260-101-3156, or
4260-113-0001, or any
combination of those items, as
it pertains to the transition
of the Healthy Families
Program to the State
Department of Health Care
Services. Any transfer shall
be consistent with the
transition plan, or components
of a transition plan, as
provided to the Legislature as
required in state statute
regarding these program
transfers.
The Director of Finance shall
provide notification in
writing to the Joint
Legislative Budget Committee
of any transfer of expenditure
authority approved under this
provision not less than 30
days prior to the effective
date of the approval. This
notification shall include (a)
a comprehensive description of
the program transfer,
including the number of
children affected and plans
affected, and (b) all
assumptions used in
calculating the amount of
expenditure authority
transferred.
SEC. 251. Item 4280-102-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4280-102-0001--For local assistance,
Managed Risk Medical Insurance Board, for
Healthy Families Program administrative
contracts................................... 50,680,000
Schedule:
(1) 40-Healthy Families
Program............... 163,025,000
(2) Reimbursements........ -8,065,000
(3) Amount payable from
the Federal Trust
Fund (Item 4280-102-
0890)................. -101,587,000
(4) Amount payable from
the Children's Health
and Human Services
Special Fund (Item
4280-102-3156)........ -2,693,000
Provisions:
1. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4280-101-0001 in order to
effectively administer the Healthy
Families Program.
2. Provision 2 of Item 4280-101-0001
also applies to this item.
3. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-101-0001 or 4260-
113-0001, or both of those items,
as it pertains to the transition
of the Access for Infants and
Mothers Program and the Healthy
Families Program to the State
Department of Health Care
Services. Any transfer shall be
consistent with the transition
plan, or components of a
transition plan, as provided to
the Legislature as required in
state statute regarding these
program transfers.
The Director of Finance shall
provide notification in writing to
the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less than
30 days prior to the effective
date of the approval. This
notification shall include (a) a
comprehensive description of the
program transfer, including the
number of children affected and
plans affected, and (b) all
assumptions used in calculating
the amount of expenditure
authority transferred.
SEC. 252. Item 4280-102-0890 of Section 2.00 of the Budget Act of
2011 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.. 101,587,000
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.
2. The Department of Finance may
authorize the transfer of
expenditure authority from
this item to Item 4260-101-
0890 or 4260-113-0890, or both
of those items, as it pertains
to the transition of the
Access for Infants and Mothers
Program and the Healthy
Families Program to the State
Department of Health Care
Services. Any transfer shall
be consistent with the
transition plan, or components
of a transition plan, as
provided to the Legislature as
required in state statute
regarding these program
transfers.
The Director of Finance shall
provide notification in
writing to the Joint
Legislative Budget Committee
of any transfer of expenditure
authority approved under this
provision not less than 30
days prior to the effective
date of the approval. This
notification shall include (a)
a comprehensive description of
the program transfer,
including the number of
children affected and plans
affected, and (b) all
assumptions used in
calculating the amount of
expenditure authority
transferred.
SEC. 253. Item 4280-102-3156 of Section 2.00 of the Budget Act of
2011 is amended to read:
4280-102-3156--For local assistance,
Managed Risk Medical Insurance Board, for
payment to Item 4280-102-0001, payable from
the Children's Health and Human Services
Special Fund, for Healthy Families Program
administrative contracts.................... 2,693,000
Provisions:
1. Funds appropriated in this item are
in lieu of the amounts that
otherwise would have been
appropriated for administration
pursuant to Section 12201 of the
Revenue and Taxation Code.
2. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4280-101-3156 in order to
effectively administer the Healthy
Families Program.
3. Provision 2 of Item 4280-101-0001
also applies to this item.
SEC. 254. Item 4280-103-0890 of Section 2.00 of the Budget Act of
2011 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..... 867,000
Provisions:
1. Provisions 1, 2, and 3 of Item 4280-
103-3055 also apply to this item.
SEC. 255. Item 4280-103-3055 of Section 2.00 of the Budget Act of
2011 is amended to read:
4280-103-3055--For local assistance, Managed
Risk Medical Insurance Board, for the County
Health Initiative Matching Fund Program,
payable from the County Health Initiative
Matching Fund................................ 467,000
Schedule:
(1) 50-County Health
Initiative Matching Fund
Program.................... 1,334,000
(2) Amount payable from the
Federal Trust Fund (Item
4280-103-0890)............. -867,000
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 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
after that notification as the
chairperson of the joint committee,
or his or her designee, may in each
instance determine.
SEC. 256. Item 4280-111-0232 of Section 2.00 of the Budget Act of
2011 is amended to read:
4280-111-0232--For transfer by the
Controller from the Hospital Services
Account, Cigarette and Tobacco Products
Surtax Fund to the Perinatal Insurance
Fund, for the Access for Infants and
Mothers Program............................ (15,074,000)
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. 257. Item 4280-111-0233 of Section 2.00 of the Budget Act of
2011 is amended to read:
4280-111-0233--For transfer by the
Controller from the Physician Services
Account, Cigarette and Tobacco Products
Surtax Fund to the Perinatal Insurance
Fund, for the Access for Infants and
Mothers Program............................ (17,448,000)
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. 258. Item 4280-111-0236 of Section 2.00 of the Budget Act of
2011 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..... (15,403,000)
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. 259. Item 4280-112-0233 of Section 2.00 of the Budget Act of
2011 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................. (271,000)
SEC. 260. Item 4280-112-3133 of Section 2.00 of the Budget Act of
2011 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... (2,368,000)
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. 261. Item 4300-003-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4300-003-0001--For support of Department
of Developmental Services, for
Developmental Centers..................... 281,887,000
Schedule:
(1) 20-Developmental
Centers Program..... 559,531,000
(2) Reimbursements...... -277,114,000
(3) Amount payable from
the Federal Trust
Fund (Item 4300-003-
0890)............... -530,000
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 are
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
governmental agency authorized
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. 262. Item 4300-004-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4300-004-0001--For support of Department of
Developmental Services (Proposition 98), for
Developmental Centers.......................... 7,102,000
Schedule:
(1) 20-Developmental Centers 9,608,00
Program....................... 0
(a) 20.17-AB
1202
Contracts... 780,000
(b) 20.66-Medi-
Cal
Eligible
Services.... 8,828,000
(2) Reimbursements................ -2,506,0
00
Provisions:
1. Of the amount appropriated in this
item, $2,779,000 is to be used to
provide the General Fund match for
Medi-Cal Eligible Services.
SEC. 263. Item 4300-101-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4300-101-0001--For local assistance,
Department of Developmental Services,
for Regional Centers..................... 2,289,463,000
Schedule:
(1) 10.10.010-
Operations.......... 500,736,000
(2) 10.10.020-Purchase 3,457,335,00
of Services......... 0
(3) 10.10.060-Early
Intervention
Program............. 20,095,000
(4) 10.10.080-
Prevention Program.. 4,503,000
(6) Reimbursements...... -1,638,538,0
00
(7) Amount payable from
Developmental
Disabilities
Program Development
Fund (Item 4300-101-
0172)............... -2,603,000
(8) Amount payable from
Federal Trust Fund
(Item 4300-101-
0890)............... -51,915,000
(9) Amount payable from
the Developmental
Disabilities
Services Account
(Item 4300-101-
0496)............... -150,000
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).
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 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. Notwithstanding Section 26.00,
the Department of Finance may
authorize transfer of
expenditure authority from
Schedule (4) 10.10.080-
Prevention Program to Schedule
(2) 10.10.020-Purchase of
Services to more accurately
reflect expenditures in the
Prevention and Early Start
Programs.
SEC. 264. Item 4300-101-0172 of Section 2.00 of the Budget Act of
2011 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............................ 2,603,000
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 after
that notification as the
chairperson of the joint committee,
or his or her designee, may in each
instance determine.
SEC. 265. Item 4300-101-0890 of Section 2.00 of the Budget Act of
2011 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....................................... 51,915,000
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. 266. Item 4300-491 is added to Section 2.00 of the Budget Act
of 2011, to read:
4300-491--Reappropriation, Department of
Developmental Services. 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:
0001-- General Fund
(1) Item 4300-301-0001, Budget Act of
2009 (Ch. 1, 2009-10 3rd Ex. Sess.,
as revised by Ch. 1, 2009-10 4th Ex.
Sess.)
(1) 55.25.270-Fairview: Upgrade Fire
Alarm System-- Construction
SEC. 267. Item 4440-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4440-001-0001--For support of Department of
Mental Health............................... 48,443,000
Schedule:
(1) 10-Community Services. 57,577,000
(2) 20-Long-Term Care
Services.............. 28,882,000
(3) 35.01-Departmental
Administration........ 16,560,000
(4) 35.02-Distributed
Departmental
Administration........ -16,560,000
(5) Reimbursements........ -21,770,000
(6) Amount payable from
the Federal Trust
Fund (Item 4440-001-
0890)................. -3,517,000
(7) Amount payable from
the Mental Health
Services Fund (Item
4440-001-3085)........ -12,339,000
(8) Amount payable from
the Licensing and
Certification Fund,
Mental Health (Item
4440-001-3099)........ -390,000
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. Notwithstanding Section 26.00, the
Department of Finance may
authorize the transfer of
expenditure authority between
Schedules (1) and (2) in order to
accurately reflect expenditures in
these programs.
3. A transition plan for the
transfer of state administrative
functions for the operation of the
Early and Periodic Screening,
Diagnosis, and Treatment Program,
the Mental Health Managed Care
Program, and applicable functions
related to Medicaid requirements
to the State Department of Health
Care Services shall be provided to
all fiscal and applicable policy
committees of the Legislature as
soon as feasible, but no later
than October 1, 2011.
A transition plan for other
programmatic functions and
components within the State
Department of Mental Health shall
be provided to all fiscal and
applicable policy committees upon
completion, but no later than
February 1, 2012.
These transition plans may be
updated by the Administration and
provided to all fiscal and
applicable policy committees of
the Legislature upon completion,
but no later than May 15, 2012.
4. It is the intent of the
Legislature to consolidate state
administrative functions for the
operation of Medi-Cal specialty
mental health services and to
transition those functions to the
State Department of Health Care
Services to (a) improve access to
mental health services, including
a focus on recovery and
rehabilitation services, (b) more
effectively integrate the
financing of services, including
the receipt of federal funds, (c)
improve state accountabilities and
outcomes, and (d) provide focused,
high-level leadership for
behavioral health services.
5. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-001-0001 to
consolidate state administrative
functions for the operation of the
Early and Periodic Screening,
Diagnosis, and Treatment Program
and the Mental Health Managed Care
Program, and to transition those
functions to the State Department
of Health Care Services. Any
transfer shall be consistent with
the transition plan required in
Provision 3.
The Director of Finance shall
provide notification in writing to
the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less than
30 days prior to the effective
date of the approval. This
notification shall include (a) a
description of the transfer of
the programs, including the
reasons for the transfer, (b) the
number and classifications of
positions to be transferred, (c)
the assumptions used in
calculating the amount of
expenditure authority transferred,
and (d) any potential fiscal or
programmatic effects of the
transfer of expenditure authority.
6. By September 1, 2011, in order to
ensure business continuity and to
minimize any interruptions of
services, the Department of
Finance may authorize the transfer
of positions and employees
performing administrative
functions for the operation of the
Early and Periodic Screening,
Diagnosis, and Treatment Program,
the Mental Health Managed Care
Program, and applicable functions
related to Medicaid requirements
from the State Department of
Mental Health to the State
Department of Health Care Services
(DHCS) prior to submission of the
transition plan required in
Provision 3. The final
determination of total resources,
expenditure authority, and
organizational structure shall be
consistent with the transition
plan.
Thirty days prior to the effective
date of any transfer of employees
and positions authorized pursuant
to this provision, the Director of
Finance shall notify the Joint
Legislative Budget Committee of
the number of employees and
positions transferred and the
basis for determining this number
of employees and positions.
SEC. 268. Item 4440-001-0890 of Section 2.00 of the Budget Act of
2011 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... 3,517,000
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.
2. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-001-0001 to
consolidate state administrative
functions for the operation of the
Early and Periodic Screening,
Diagnosis, and Treatment Program
and the Mental Health Managed Care
Program, and to transition those
functions to the State Department
of Health Care Services. Any
transfer shall be consistent with
the transition plan required in
Provision 3 of Item 4440-001-0001.
The Director of Finance shall
provide notification in writing to
the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less than
30 days prior to the effective
date of the approval. This
notification shall include (a) a
description of the transfer of the
programs, including the reasons for
the transfer, (b) the number and
classifications of positions to be
transferred, (c) the assumptions
used in calculating the amount of
expenditure authority transferred,
and (d) any potential fiscal or
programmatic effects of the
transfer of expenditure authority.
3. By September 1, 2011, in order to
ensure business continuity and to
minimize any interruptions of
services, the Department of Finance
may authorize the transfer of
positions and employees performing
administrative functions for the
operation of the Early and Periodic
Screening, Diagnosis, and Treatment
Program, the Mental Health Managed
Care Program, and applicable
functions related to Medicaid
requirements from the State
Department of Mental Health to
the State Department of Health Care
Services (DHCS) prior to submission
of the transition plan required in
Provision 3 of Item 4440-001-0001.
The final determination of total
resources, expenditure authority,
and organizational structure shall
be consistent with the transition
plan.
Thirty days prior to the effective
date of any transfer of employees
and positions authorized pursuant
to this provision, the Director of
Finance shall notify the Joint
Legislative Budget Committee of the
number of employees and positions
transferred and the basis for
determining this number of
employees and positions.
SEC. 269. Item 4440-001-3085 of Section 2.00 of the Budget Act of
2011 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.............................. 12,339,000
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
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
(Proposition 63, as approved
by the voters at the November
2, 2004, statewide general
election).
SEC. 270. Item 4440-011-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4440-011-0001--For support of the State
Hospitals, Department of Mental Health... 1,167,633,000
Schedule:
(1) 20.10-Long-Term
Care Services--
Lanterman-Petris-
Short Act........... 78,065,000
(2) 20.20-Long-Term
Care Services--
Penal Code and
Judicially 1,171,060,00
Committed........... 0
(3) Reimbursements...... -81,492,000
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 (3) 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 2011-12 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
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) and (2) in order
to accurately reflect caseload
in these programs.
7. 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.
8. Of the amount appropriated in
this item, $250,000 is to be
used for candidates
participating in psychiatric
technician assistant 20/20
training programs, subject to
the terms and conditions in the
Memorandum of Understanding with
Bargaining Unit 18 that were
agreed upon on June 16, 2010.
SEC. 271. Item 4440-101-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
4440-101-0001--For local assistance,
Department of Mental Health................. 2,780,000
Schedule:
(1) 10.25-Community
Services-- Other
Treatment........... 701,636,000
(1.5) 10.30-Community
Services--EPSDT..... 730,676,000
(2) 10.47-Community
Services--
Children's Mental
Health Services..... 310,000
(3) 10.97-Community
Services-- Healthy
Families Program.... 35,217,000
(4) Reimbursements...... -1,465,059,00
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
appropriated under this act.
4. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-101-0001 or
4260-113-0001, or both of those
items, as it pertains to the
transition of the Early and
Periodic Screening, Diagnosis,
and Treatment Program, the Mental
Health Managed Care Program, and
applicable functions related to
Medicaid requirements to the
State Department of Health Care
Services. Any transfer shall be
consistent with the transition
plan, or components of a
transition plan, as provided to
the Legislature as required in
state statute regarding these
program transfers.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less
than 30 days prior to the
effective date of the approval.
This notification shall include
(a) a comprehensive description
of the program transfer,
including the number of children
affected and plans affected, and
(b) all assumptions used in
calculating the amount of
expenditure authority transferred.
SEC. 272. Item 4440-101-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
4440-101-0890--For local assistance,
Department of Mental Health, payable from the
Federal Trust Fund............................ 60,691,000
Schedule:
(1) 10.25-Community
Services-- Other
Treatment.............. 52,343,000
(2) 10.75-Community
Services-- Homeless
Mentally Disabled...... 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 authorize advance
payments of federal grant funds on
a monthly basis to the counties for
grantees. These advance payments
may not exceed one-twelfth of
Section 2.00 of the individual
grant award for the 2011-12 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.
4. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-101-0890 or 4260-
113-0890, or both of those items,
as it pertains to the transition of
the Early and Periodic Screening,
Diagnosis, and Treatment Program,
the Mental Health Managed Care
Program, and applicable functions
related to Medicaid requirements to
the State Department of Health Care
Services. Any transfer shall be
consistent with the transition plan
or components of a transition plan,
as provided to the Legislature as
required in state statute regarding
these program transfers.
The Director of Finance shall
provide notification in writing to
the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less than
30 days prior to the effective date
of the approval. This notification
shall include (a) a comprehensive
description of the program
transfer, including the number of
children affected and plans
affected, and (b) all assumptions
used in calculating the amount of
expenditure authority transferred.
SEC. 273. Item 4440-103-0001 is added to Section 2.00 of the
Budget Act of 2011, to read:
4440-103-0001--For local assistance,
Department of Mental Health, for Mental
Health Managed Care........................... 148,000
Schedule:
(1) 10.25-Community Services-
-Other Treatment............. 148,000
Provisions:
1. The allocation of funds appropriated
in this item shall be determined
based on a methodology developed by
the State Department of Mental Health
in consultation with a statewide
organization representing counties.
This methodology shall be based on a
review of actual and projected
expenditures for mental health
services for Medi-Cal beneficiaries,
by county.
2. The Department of Finance may
authorize the transfer of expenditure
authority from this item to Item 4260-
101-0890 or 4260-113-0890, or both of
those items, as it pertains to the
transition of the Early and Periodic
Screening, Diagnosis, and Treatment
Program, the Mental Health Managed
Care Program, and applicable
functions related to Medicaid
requirements to the State Department
of Health Care Services. Any transfer
shall be consistent with the
transition plan, or components of a
transition plan, as provided to the
Legislature as required in state
statute regarding these program
transfers.
The Director of Finance shall provide
notification in writing to the Joint
Legislative Budget Committee of any
transfer of expenditure authority
approved under this provision not
less than 30 days prior to the
effective date of the approval. This
notification shall include (a) a
comprehensive description of the
program transfer, including the
number of children affected and plans
affected, and (b) all assumptions
used in calculating the amount of
expenditure authority transferred.
SEC. 274. Item 4440-103-3085 of Section 2.00 of the Budget Act of
2011 is amended to read:
4440-103-3085--For local assistance,
Department of Mental Health, for Mental
Health Managed Care, payable from the
Mental Health Services Fund............... 183,590,000
Schedule:
(1) 10.25-Community
Services-- Other
Treatment........... 183,590,000
Provisions:
1. The allocation of funds
appropriated in this item shall
be determined based on a
methodology developed by the
State Department of Mental
Health in consultation with a
statewide organization
representing counties. This
methodology shall be based on a
review of actual and projected
expenditures for mental health
services for Medi-Cal
beneficiaries, by county.
2. Of the amount appropriated in
this item, $8,000,000 shall be
transferred to the Mental Health
Managed Care Deposit Fund (Fund
0865).
3. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-101-0001 or
4260-113-0001, or both of those
items, as it pertains to the
transition of the Early and
Periodic Screening, Diagnosis,
and Treatment Program, the
Mental Health Managed Care
Program, and applicable
functions related to Medicaid
requirements to the State
Department of Health Care
Services. Any transfer shall be
consistent with the transition
plan, or components of a
transition plan, as provided to
the Legislature as required in
state statute regarding these
program transfers.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less
than 30 days prior to the
effective date of the approval.
This notification shall include
(a) a comprehensive description
of the program transfer,
including the number of children
affected and plans affected, and
(b) all assumptions used in
calculating the amount of
expenditure authority
transferred.
SEC. 275. Item 4440-105-3085 of Section 2.00 of the Budget Act of
2011 is amended to read:
4440-105-3085--For local assistance,
Department of Mental Health, payable from
the Mental Health Services Fund........... 578,981,000
Schedule:
(1) 10.30-Community
Services-- EPSDT.... 578,981,000
Provisions:
1. 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.
2. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-101-0001 or
4260-113-0001, or both of those
items, as it pertains to the
transition of the Early and
Periodic Screening, Diagnosis,
and Treatment Program, the
Mental Health Managed Care
Program, and applicable
functions related to Medicaid
requirements to the State
Department of Health Care
Services. Any transfer shall be
consistent with a transition
plan, or components of a
transition plan, as provided to
the Legislature as required in
state statute regarding these
program transfers.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less
than 30 days prior to the
effective date of the approval.
This 30-day notification shall
include (a) a comprehensive
description of the program
transfer, including the number
of children affected and plans
affected, and (b) all
assumptions used in calculating
the amount of expenditure
authority transferred.
SEC. 276. Item 4440-295-3085 of Section 2.00 of the Budget Act of
2011 is amended to read:
4440-295-3085--For local assistance,
Department of Mental Health, to provide
Handicapped and Disabled Students I and II,
and Seriously Emotionally Disturbed Pupils:
Out of State Mental Health Services (AB 3632)
(Ch. 1747, Stats. 1984; Ch. 1128, Stats.
1994; Ch. 654, Stats. 1996) (CSM-4282; 02-TC-
40; 02-TC-49; 97-TC-05) to special education
students, payable from the Mental Health 98,586,0
Services Fund................................. 00
Provisions:
1. (a) The funds counties
receive pursuant to
Chapter 5 of the Statutes
of 2011 shall be used
exclusively for the
purpose of funding
Individuals with
Disabilities Education
Act (IDEA)-related mental
health services within a
special education pupil's
individual education plan
during the 2011-12 fiscal
year.
(b) Counties shall use the
funds appropriated in
this item, as allocated
pursuant to the formula
developed pursuant to
Chapter 5 of the Statutes
of 2011, for the purpose
described in subdivision
(a), or shall return the
funding to the state for
reallocation to other
counties.
2. In order to access funds a
county receives pursuant to
Chapter 5 of the Statutes of
2011, a local education agency
may develop a memorandum of
understanding (MOU) or enter
into a contract with its county
mental health agency to address
the interagency service
responsibilities for the
provision and transition of
mental health services
identified on a pupil's
individual education plan during
the 2011-12 fiscal year and, if
a local education agency and
county mental health agency
develop an MOU or enter into a
contract pursuant to this
provision, the local education
agency shall provide a copy of
the MOU or contract to the State
Department of Education.
SEC. 277. Item 5160-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
5160-001-0001--For support of Department
of Rehabilitation.......................... 55,083,000
Schedule:
(1) 10-Vocational
Rehabilitation
Services............ 397,149,000
(2) 30-Independent
Living Services..... 5,043,000
(3) 40.01-
Administration...... 34,192,000
(4) 40.02-Distributed
Administration...... -34,192,000
(6) Reimbursements...... -7,680,000
(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)............... -334,892,000
(10) Amount payable from
the Traumatic Brain
Injury Fund (Item
5160-001-0311)...... -1,176,000
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.
SEC. 278. Item 5160-001-0890 of Section 2.00 of the Budget Act of
2011 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................................. 334,892,000
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. 279. Item 5170-001-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
5170-001-0890--For support of the State
Independent Living Council, payable from
the Federal Trust Fund.................... 465,000
SEC. 280. Item 5175-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
5175-001-0001--For support of Department of
Child Support Services....................... 26,051,000
Schedule:
(1) 10-Child Support
Services.............. 80,363,000
(2) Reimbursements........ -123,000
(3) Amount payable from
the Federal Trust
Fund (Item 5175-001-
0890)................. -54,189,000
SEC. 281. Item 5175-001-0890 of Section 2.00 of the Budget Act of
2011 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........................ 54,189,000
SEC. 282. Item 5175-002-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
5175-002-0001--For support of Department of
Child Support Services...................... 24,765,000
Schedule:
(1) 10-Child Support
Services.............. 85,651,000
(2) Amount payable from
the Federal Trust
Fund (Item 5175-002-
0890)................. -60,886,000
Provisions:
1. Funds in this item shall be used
for contracts and interagency
agreements in the child support
program, unless otherwise
authorized by the Department of
Finance no sooner than 30 days
after providing notification in
writing to the chairpersons of
the fiscal committees of each
house of the Legislature and the
Chairperson of the Joint
Legislative Budget Committee, or
no sooner than such lesser time as
the chairperson of the joint
committee, or his or her designee,
may in each instance determine.
2. Notwithstanding any other
provision of law, the Department
of Finance may augment this item
to reimburse the Judicial Council
for the increased costs associated
with salary adjustments for child
support commissioners and family
law facilitators pursuant to
Section 17712 of the Family Code,
in the event such salary
adjustments are provided to
superior court judges, no sooner
than 30 days after notification in
writing of the necessity therefor
to the 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. 283. Item 5175-002-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
5175-002-0890--For support of Department
of Child Support Services, for payment to
Item 5175-002-0001, payable from the
Federal Trust Fund......................... 60,886,000
Provisions:
1. Provisions 1 and 2 of Item
5175-002-0001 also apply to
this item.
SEC. 284. Item 5175-101-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
5175-101-0001--For local assistance,
Department of Child Support Services...... 270,762,000
Schedule:
(1) 10-Child Support Services... 853,027
,000
(a) 10.01-Child
Support
Administratio 749,204,0
n............ 00
(b) 10.03-Child
Support 103,823,0
Automation... 00
(2) Amount payable from the
Federal Trust Fund (Item -375,39
5175-101-0890).............. 2,000
(3) Amount payable from the
Child Support Collections
Recovery Fund (Item 5175- -206,87
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
$100,000,000 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. The amounts appropriated in
Schedule (1)(b) 10.03-Child
Support Automation shall be
available for expenditure or
encumbrance until June 30, 2012.
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.
SEC. 285. Item 5175-101-0890 of Section 2.00 of the Budget Act of
2011 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................ 375,392,000
Provisions:
1. Provisions 1 and 4 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.
SEC. 286. Item 5180-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
5180-001-0001--For support of Department
of Social Services........................ 100,806,000
Schedule:
(1) 16-Welfare Programs. 68,922,000
(2) 25-Social Services
and Licensing....... 166,064,000
(3) 35-Disability
Evaluation and
Other Services...... 280,299,000
(4) 60.01-
Administration...... 60,189,000
(5) 60.02-Distributed
Administration...... -60,189,000
(6) Reimbursements...... -34,381,000
(7) Amount payable from
Foster Family Home
and Small Family
Home Insurance Fund
(Item 5180-001-
0131)............... -2,136,000
(8) Amount payable from
the Federal Trust
Fund (Item 5180-001-
0890)............... -377,962,000
Provisions:
1. The Department of Finance may
authorize the transfer of funds
from Schedule (2) of this item
to Schedule (1), Program 25.30,
of Item 5180-151-0001, Children
and Adult Services and
Licensing, in order to allow
counties to perform the
facilities evaluation function.
2. The Department of Finance may
authorize the transfer of funds
from Schedule (2) of this item
to Schedule (1), Program 25.30,
of Item 5180-151-0001, Children
and Adult Services and
Licensing, in order to allow
counties to perform the
adoptions program function.
3. Nonfederal funds
appropriated in this item that
have been budgeted to meet the
state's Temporary Assistance for
Needy Families maintenance-of-
effort requirement established
pursuant to the federal Personal
Responsibility and Work
Opportunity Reconciliation Act
of 1996 (P.L. 104-193) may not
be expended in any way that
would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
4. Notwithstanding paragraph (4) of
subdivision (b) of Section 1778
of the Health and Safety Code,
the State Department of Social
Services may use no more than 20
percent of the fees collected
pursuant to Chapter 10
(commencing with Section 1770)
of Division 2 of the Health and
Safety Code for overhead costs,
facilities operation, and
indirect department costs.
5. It is the intent of the
Legislature to provide
sufficient funding to ensure
that electronic benefit transfer
state administrative hearings
are conducted to meet statutory
timeframes. Notwithstanding the
30-day notice requirement set
forth in subdivision (e) of
Section 28.00, upon request by
the State Department of Social
Services, the Department of
Finance may augment expenditure
authority in this item to fund
increased costs associated with
the state administrative hearing
process at the time the request
is made. Concurrent with the
Department of Finance approval,
written notification shall be
provided to the Chairperson of
the Joint Legislative Budget
Committee and the chairpersons
of the committees in each house
of the Legislature that consider
appropriations.
6. Of the amount appropriated in
this item, $270,000 shall be
available to support increased
rent costs related to the
relocation of the Los Angeles
State Programs Branch within the
Disability Determination
Services Division. These funds
may only be expended to the
extent these increased rent
costs materialize.
7. The State Department of Social
Services shall continue to
convene periodic meetings
throughout the year so that
stakeholders may receive
information and have the
opportunity to provide input to
the department regarding the
quality assurance, program
integrity, and program
consistency efforts in the In-
Home Supportive Services program
(Article 7 (commencing with
Section 12300) of Chapter 3 of
Part 3 of Division 9 of the
Welfare and Institutions Code).
In addition, the department
shall provide an update
during 2012 budget hearings on
the impact of quality assurance
regulations.
8. Upon request of the State
Department of Social Services
and the State Department of
Health Care Services, the
Director of Finance may
authorize the transfer of
amounts from Item 4260-101-0001,
State Department of Health Care
Services, to this item to fund
the cost of the administrative
hearing process associated with
changes in aid or service
payments in the Medi-Cal
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. 287. Item 5180-001-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
5180-001-0890--For support of Department
of Social Services, for payment to Item
5180-001-0001, payable from the Federal
Trust Fund................................. 377,962,000
Provisions:
1. The Department of Finance may
authorize the transfer of
federal funds from this item
to Item 5180-151-0890 in order
to allow counties to perform
the adoption program
functions and the facilities
evaluation function in the
Community Care Licensing
Division of the State
Department of Social Services.
2. Provision 5 of Item 5180-001-
0001 also applies to this item.
SEC. 288. Item 5180-101-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
5180-101-0001--For local assistance,
Department of Social Services............ 2,775,069,000
Schedule:
(1) 16.30-CalWORKs...... 5,299,715,00
0
(2) 16.65-Other 1,429,101,00
Assistance Payments. 0
(3) Reimbursements...... -3,576,000
(4) Amount payable from
the Emergency
Food Assistance
Program Fund (Item
5180-101-0122)...... -778,000
(7) Amount payable from
the Federal Trust
Fund (Item 5180-101- -3,939,203,0
0890)............... 00
(8) Amount payable from
the Child Support
Collections
Recovery Fund (Item
5180-101-8004)...... -10,190,000
Provisions:
1. (a) No funds appropriated in
this item shall be
encumbered unless every
rule or regulation
adopted and every all-
county letter issued by
the State Department of
Social Services that adds
to the costs of any
program is approved by
the Department of Finance
as to the availability of
funds before it becomes
effective. In making the
determination as to
availability of funds to
meet the expenditures of
a rule, regulation, or
all-county letter that
would increase the costs
of a program, the
Department of Finance
shall consider the amount
of the proposed increase
on an annualized basis,
the effect the change
would have on the
expenditure limitations
for the program set forth
in this act, the extent
to which the rule,
regulation, or all-county
letter constitutes a
deviation from the
premises under which the
expenditure limitations
were prepared, and any
additional factors
relating to the fiscal
integrity of the program
or the state's fiscal
situation.
(b) Notwithstanding Sections
28.00 and 28.50, the
availability of funds
contained in this item
for rules, regulations,
or all-county letters
that add to program costs
funded from the General
Fund in excess of
$500,000 on an annual
basis, including those
that are the result of a
federal regulation but
excluding those that are
(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
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 sooner than
such lesser time after
notification as the
chairperson of the joint
committee, or his or her
designee, may in each
instance determine.
2. Notwithstanding Chapter 1
(commencing with Section 18000)
of Part 6 of Division 9 of the
Welfare and Institutions Code, a
loan not to exceed $500,000,000
shall be made available from the
General Fund, from funds not
otherwise appropriated, to cover
the federal share of costs of a
program or programs when the
federal funds have not been
received by this state prior to
the usual time for transmitting
that federal share to the
counties of this state. This
loan from the General Fund shall
be repaid when the federal share
of costs for the program or
programs becomes available.
3. The Department of Finance may
authorize the transfer of
amounts from this item to Item
5180-001-0001 in order to fund
the costs of the administrative
hearing process associated with
changes in aid payments in the
CalWORKs program.
4. (a) The Department of Finance
is authorized to approve
expenditures in those
amounts made necessary by
changes in either
caseload or payments,
including, but not
limited to, the timing of
federal payments, or any
rule or regulation
adopted and any all-
county letter issued
as a result of the
enactment of a federal or
state law, the adoption
of a federal regulation,
or the following of a
court decision, during
the 2011-12 fiscal year
that are within or in
excess of amounts
appropriated in this act
for that year.
(b) If the Department of
Finance determines that
the estimate of
expenditures will exceed
the expenditures
authorized for this item,
the department shall so
report to the
Legislature. At the time
the report is made, the
amount of the
appropriation made in
this item shall be
increased by the amount
of the excess unless and
until otherwise provided
by law.
5. Nonfederal funds
appropriated in this item which
have been budgeted to meet the
state's Temporary Assistance for
Needy Families maintenance-of-
effort requirement established
pursuant to the federal Personal
Responsibility and Work
Opportunity Reconciliation Act
of 1996 (P.L. 104-193) may not
be expended in any way that
would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
6. In the event of declared
disaster and upon county
request, the State Department of
Social Services may act in the
place of any county and assume
direct responsibility for the
administration of eligibility
and grant determination. Upon
recommendation of the Director
of Social Services, the
Department of Finance may
authorize the transfer of funds
from this item and Item 5180-101-
0890, to Items 5180-001-0001 and
5180-001-0890, for this
purpose.
7. Pursuant to the Electronic
Benefit Transfer (EBT) Act
(Chapter 3 (commencing with
Section 10065) of Part 1 of
Division 9 of the Welfare and
Institutions Code) and in
accordance with the EBT System
regulations (Manual of Policies
and Procedures Section 16-
401.15), in the event a county
fails to reimburse the EBT
contractor for settlement of EBT
transactions made against the
county's cash assistance
programs, the state is required
to pay the contractor. The State
Department of Social Services
may use funds from this item to
reimburse the EBT contractor for
settlement on behalf of the
county. The county shall be
required to reimburse the
department for the county's
settlement via direct payment or
administrative offset.
8. Upon request of the Department
of Finance, the Controller shall
transfer funds between this item
and Item 5180-153-0001 as needed
to reflect the estimated
expenditure amounts for each
county that opts into the Title
IV-E Child Welfare Waiver
Demonstration Project pursuant
to Section 18260 of the Welfare
and Institutions Code. The
Department of Finance shall
report to the Legislature the
amount to be transferred
pursuant to this provision. The
transfer shall be authorized at
the time the report is made.
9. The Department of Finance is
authorized to approve
expenditures for the California
Food Assistance Program in those
amounts made necessary by
changes in the CalFresh Program
Standard Utility Allowance,
including those that result from
midyear Standard Utility
Allowance adjustments requested
by the state. If the Department
of Finance determines that the
estimate of expenditures will
exceed the expenditure authority
of this item, the department
shall so report to the
Legislature. At the time the
report is made, the amount of
the appropriation made in this
item shall be increased by the
amount of the excess unless and
until otherwise provided by law.
SEC. 289. Item 5180-101-0122 of Section 2.00 of the Budget Act of
2011 is amended to read:
5180-101-0122--For local assistance,
Department of Social Services, for
payment to Item 5180-101-0001, payable
from the Emergency Food Assistance
Program Fund.............................. 778,000
SEC. 290. Item 5180-101-0890 of Section 2.00 of the Budget Act of
2011 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............... 3,939,203,000
Provisions:
1. Provisions 1, 4, 6, 7, and 8
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. 291. Item 5180-101-8004 of Section 2.00 of the Budget Act of
2011 is amended to read:
5180-101-8004--For local assistance,
Department of Social Services, for payment
to Item 5180-101-0001, payable from the
Child Support Collections Recovery Fund.... 10,190,000
Provisions:
1. Notwithstanding any other
provision of law, upon request
by the State Department of
Social Services, the
Department of Finance may
increase or decrease this
appropriation, for the
purposes of Section 17702.5 of
the Family Code. Adjustments
to expenditure authority shall
be consistent with those made
pursuant to Provision 4 of
Item 5180-101-0890. 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. 292. Item 5180-111-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
5180-111-0001--For local assistance,
Department of Social Services............ 4,132,524,000
Schedule:
(1) 16.70-SSI/SSP....... 2,752,185,00
0
(2) 25.15-IHSS.......... 5,196,875,00
0
(3) Reimbursements...... -3,816,536,0
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 $264,000,000
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 State Department
of Social Services may offset a
county's share of cost of the In-
Home Supportive Services (IHSS)
program against local assistance
payments made to the county if
the county fails to reimburse
its share of cost of the IHSS
program to the state.
3. The State Department of Social
Services shall provide technical
assistance to counties to ensure
that they maximize the receipt
of federal funds for the IHSS
program, without compromising
the quality of the services
provided to IHSS recipients.
4. 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 IHSS program to
comply with Conlan v. Shewry
(2005) 131 Cal.App.4th 1354. 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 2011-12 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 IHSS 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. 293. Item 5180-141-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
5180-141-0001--For local assistance,
Department of Social Services............. 671,778,000
Schedule:
(1) 16.75-County
Administration and
Automation Projects. 1,658,997,000
(2) Reimbursements...... -44,383,000
(4) Amount payable from
the Federal Trust
Fund (Item 5180-141-
0890)............... -942,836,000
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 this item
and Item 5180-141-0890, to Items
5180-001-0001 and 5180-001-0890,
for this purpose.
3. Provision 1 of Item 5180-101-0001
also applies to this item.
4. Pursuant to public assistance
caseload estimates reflected in
the annual Governor's Budget, the
Department of Finance may approve
expenditures in those amounts
made necessary by changes in
caseload that are in excess of
amounts appropriated in this act.
If the Department of Finance
determines that the estimate of
expenditures will exceed the
expenditures authorized for this
item, the department shall so
report to the Legislature. At the
time the report is made, the
amount of the appropriation made
by this item shall be increased
by the amount of the excess
unless and until otherwise
provided by law.
5. Nonfederal funds appropriated in
this item which have been
budgeted to meet the state's
Temporary Assistance for Needy
Families maintenance-of-effort
requirement established pursuant
to the federal Personal
Responsibility and Work
Opportunity Reconciliation Act of
1996 (P.L. 104-193) may not be
expended in any way that would
cause their disqualification as a
federally allowable maintenance-
of-effort expenditure.
6. Section 11.00 shall apply to
contracts entered into for the
development and implementation of
the Consortium IV, Interim
Statewide Automated Welfare
System, Los Angeles Eligibility,
Automated Determination,
Evaluation, and Reporting, and
Welfare Client Data Systems
consortia of the Statewide
Automated Welfare System.
7. Upon request of the Department of
Finance, the Controller shall
transfer funds between this item
and Item 5180-153-0001 as needed
to reflect the estimated
expenditure amounts for each
county that opts into the Title
IV-E Child Welfare Waiver
Demonstration Project pursuant to
Section 18260 of the Welfare and
Institutions Code. The Department
of Finance shall report to the
Legislature the amount to be
transferred pursuant to this
provision. The transfer shall be
authorized at the time the report
is made.
SEC. 294. Item 5180-141-0890 of Section 2.00 of the Budget Act of
2011 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......................... 942,836,000
Provisions:
1. Provisions 2, 3, 4, 6, and 7
of Item 5180-141-0001 also
apply to this item.
SEC. 295. Item 5180-151-0001 of Section 2.00 of
the Budget Act of 2011 is amended to read:
5180-151-0001--For local assistance,
Department of Social Services............... 668,802,000
Schedule:
(1) 25.30-Children and
Adult Services and
Licensing............ 2,043,712,000
(2) 25.35-Special
Programs............. 29,812,000
(3) Reimbursements....... -201,872,000
(4) Amount payable from
the Child Health and
Safety Fund (Item
5180-151-0279)....... -917,000
(8) Amount payable
from the State
Children's Trust
Fund (Item 5180-151-
0803)................ -3,600,000
(9) Amount payable from
the Federal Trust
Fund (Item 5180-151- -1,194,333,00
0890)................ 0
(10) Amount payable from
the Child Welfare
Services Program
Improvement Fund
(Item 5180-151-8023). -4,000,000
Provisions:
1. Provision 1 of Item 5180-101-0001
also applies to this item.
2. Notwithstanding Chapter 1
(commencing with Section 18000) of
Part 6 of Division 9 of the
Welfare and Institutions Code, a
loan not to exceed $50,000,000
shall be made available from the
General Fund, from funds not
otherwise appropriated, to cover
the federal share of costs of a
program when the federal funds
have not been received by this
state prior to the usual time for
transmitting that federal share to
the counties of this state. That
loan from the General Fund shall
be repaid when the federal share
of costs for the program becomes
available.
3. The Department of Finance may
authorize the establishment of
positions and transfer of amounts
from this item to Item 5180-001-
0001, in order to allow the state
to perform the facilities
evaluation function of Community
Care Licensing in the event the
counties fail to perform that
function.
4. Nonfederal funds appropriated in
this item which have been budgeted
to meet the state's Temporary
Assistance for Needy Families
maintenance-of-effort requirement
established pursuant to the
federal Personal Responsibility
and Work Opportunity
Reconciliation Act of 1996 (P.L.
104-193) may not be expended in
any way that would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
5. The Department of Finance may
authorize the establishment of
positions and transfer of amounts
from this item to Item 5180-001-
0001 in order to allow the state
to perform the adoptions function
in the event that a county
notifies the State Department of
Social Services that it intends to
cease performing that function.
6. (a) Of the amount appropriated
in this item, $56,070,000
shall be provided to
counties to fund
additional child welfare
services activities and
shall be allocated based
on child welfare services
caseload and county unit
costs. However, no county
shall receive less than
$100,000. These funds
shall be expressly
targeted for emergency
response, family
reunification, family
maintenance, and permanent
placement services and
shall be used to
supplement, and shall not
be used to supplant, child
welfare services funds. A
county is not required to
provide a match of the
funds received pursuant to
this provision if the
county appropriates the
required full match for
the county's child welfare
services program exclusive
of the funds received
pursuant to this
provision. These funds are
available only to counties
that have certified that
they are fully utilizing
the Child Welfare
Services/Case Management
System (CWS/CMS) or have
entered into an agreed-
upon plan with the State
Department of Social
Services outlining the
steps that will be taken
to achieve full
utilization. The
department shall
reallocate any funds that
counties choose not to
accept under this
provision, to other
counties based on the
allocation formula
specified in this
provision.
(b) The department, in
collaboration with the
County Welfare Directors
Association and
representatives from labor
groups representing social
workers, shall develop the
definition of full
utilization of the
CWS/CMS, the method for
measuring full
utilization, the process
for the state and counties
to work together to move
counties toward full
utilization, and
measurements of progress
toward full utilization.
7. The State Department of Social
Services shall consult with the
counties, children's advocates,
and current and former foster
youth in the development and
implementation of permanency and
youth services initiatives.
8. Upon request by the Department of
Finance, the Controller shall
transfer funds between this item
and Item 5180-153-0001 as needed
to reflect the estimated
expenditure amounts for each
county that opts into the Title IV-
E Child Welfare Waiver
Demonstration Project pursuant to
Section 18260 of the Welfare
and Institutions Code. The
Department of Finance shall report
to the Legislature the amount to
be transferred pursuant to this
provision. The transfer shall be
authorized at the time the report
is made.
SEC. 295. Item 5180-151-0001 of Section 2.00 of
the Budget Act of 2011 is amended to read:
5180-151-0001--For local assistance,
Department of Social Services............... 676,076,000
668,802,000
Schedule:
(1) 25.30-Children and
Adult Services and
Licensing............ 2,059,603,000
2,043,712,000
(2) 25.35-Special
Programs............. 29,749,000
29,812,000
(3) Reimbursements....... -198,095,000
-201,872,000
(4) Amount payable from
the Child Health and
Safety Fund (Item
5180-151-0279)....... -917,000
(8) Amount payable
from the State
Children's Trust
Fund (Item 5180-151-
0803)................ -3,600,000
(9) Amount payable from
the Federal Trust
Fund (Item 5180-151- -1,206,664,00
0890)................
-1,194,333,0 0
0
(10) Amount payable from
the Child Welfare
Services Program
Improvement Fund
(Item 5180-151-8023). -4,000,000
Provisions:
1. Provision 1 of Item 5180-101-0001
also applies to this item.
2. Notwithstanding Chapter 1
(commencing with Section 18000) of
Part 6 of Division 9 of the
Welfare and Institutions Code, a
loan not to exceed $50,000,000
shall be made available from the
General Fund, from funds not
otherwise appropriated, to cover
the federal share of costs of a
program when the federal funds
have not been received by this
state prior to the usual time for
transmitting that federal share to
the counties of this state. That
loan from the General Fund shall
be repaid when the federal share
of costs for the program becomes
available.
3. The Department of Finance may
authorize the establishment of
positions and transfer of amounts
from this item to Item 5180-001-
0001, in order to allow the state
to perform the facilities
evaluation function of Community
Care Licensing in the event the
counties fail to perform that
function.
4. Nonfederal funds appropriated in
this item which have been budgeted
to meet the state's Temporary
Assistance for Needy Families
maintenance-of-effort requirement
established pursuant to the
federal Personal Responsibility
and Work Opportunity
Reconciliation Act of 1996 (P.L.
104-193) may not be expended in
any way that would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
5. The Department of Finance may
authorize the establishment of
positions and transfer of amounts
from this item to Item 5180-001-
0001 in order to allow the state
to perform the adoptions function
in the event that a county
notifies the State Department of
Social Services that it intends to
cease performing that function.
6. (a) Of the amount appropriated
in this item, $5 6 5
, 070 646
,000
shall be provided to
counties to fund
additional child welfare
services activities and
shall be allocated based
on child welfare services
caseload and county unit
costs. However, no county
shall receive less than
$100,000. These funds
shall be expressly
targeted for emergency
response, family
reunification, family
maintenance, and permanent
placement services and
shall be used to
supplement, and shall not
be used to supplant, child
welfare services funds. A
county is not required to
provide a match of the
funds received pursuant to
this provision if the
county appropriates the
required full match for
the county's child welfare
services program exclusive
of the funds received
pursuant to this
provision. These funds are
available only to counties
that have certified that
they are fully utilizing
the Child Welfare
Services/Case Management
System (CWS/CMS) or have
entered into an agreed-
upon plan with the State
Department of Social
Services outlining the
steps that will be taken
to achieve full
utilization. The
department shall
reallocate any funds that
counties choose not to
accept under this
provision, to other
counties based on the
allocation formula
specified in this
provision.
(b) The department, in
collaboration with the
County Welfare
Directors Association and
representatives from labor
groups representing social
workers, shall develop the
definition of full
utilization of the
CWS/CMS, the method for
measuring full
utilization, the process
for the state and counties
to work together to move
counties toward full
utilization, and
measurements of progress
toward full utilization.
7. The State Department of Social
Services shall consult with the
counties, children's advocates,
and current and former foster
youth in the development and
implementation of permanency and
youth services initiatives.
8. Upon request by the Department of
Finance, the Controller shall
transfer funds between this
item and Item 5180-153-0001 as
needed to reflect the estimated
expenditure amounts for each
county that opts into the Title IV-
E Child Welfare Waiver
Demonstration Project pursuant to
Section 18260 of the Welfare and
Institutions Code. The Department
of Finance shall report to the
Legislature the amount to be
transferred pursuant to this
provision. The transfer shall be
authorized at the time the report
is made.
SEC. 296. Item 5180-151-0890 of Section 2.00 of the Budget Act of
2011 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............... 1,194,333,000
Provisions:
1. Provisions 1, 3, 5, 6, and 8
of Item 5180-151-0001 also
apply to this item.
SEC. 297. Item 5180-153-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
5180-153-0001--For local assistance,
Department of Social Services............. 357,848,000
Schedule:
(1) 26-Title IV-E
Waiver.............. 900,782,000
(4) Amount payable from
the Federal Trust
Fund (Item 5180-153-
0890)............... -542,934,000
Provisions:
1. Upon request by the Department
of Finance, the Controller shall
transfer funds between this item
and Items 5180-101-0001, 5180-
141-0001, and 5180-151-0001 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. In
addition, funds appropriated in
this item may also be
transferred to Item 5180-151-
0001 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 is
authorized at the time the
report is made.
SEC. 298. Item 5180-153-0890 of Section 2.00 of the Budget Act of
2011 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......................... 542,934,000
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. 299. Item 5180-495 is added to Section 2.00 of the Budget Act
of 2011, to read:
5180-495--Reversion, Department of Social
Services. As of June 30, 2011, the balances
specified below of the appropriations provided
in the following citations shall revert to the
balances in the funds from which the
appropriations were made:
0001--General Fund
(1) Item 5180-141-0001, Budget Act of 2010
(Ch. 712, Stats. 2010). Up to
$14,062,000 of the amount appropriated
in Program 16.75-County Administration
and Automation Projects.
SEC. 300. Item 5225-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
5225-001-0001--For support of Department
of Corrections and Rehabilitation......... 6,454,231,000
Schedule:
(1) 10-Corrections and
Rehabilitation
Administration...... 387,994,000
(2) 15-Corrections
Standards Authority. 9,998,000
(3) 20-Juvenile
Operations and
Juvenile Offender
Programs............ 156,306,000
(4) 21-Juvenile
Academic and
Vocational
Education........... 12,316,000
(5) 22-Juvenile Parole
Operations.......... 20,113,000
(6) 23-Juvenile Health
Care................ 58,090,000
(7) 25-Adult
Corrections and
Rehabilitation
Operations-- 2,843,931,00
General Security.... 0
(8) 26-Adult
Corrections and
Rehabilitation
Operations--
Security Overtime... 105,391,000
(9) 27-Adult
Corrections and
Rehabilitation
Operations-- Inmate 1,386,036,00
Support............. 0
(10) 28-Adult
Corrections and
Rehabilitation
Operations--
Contracted
Facilities.......... 37,592,000
(11) 29-Adult
Corrections and
Rehabilitation
Operations--
Institution
Administration...... 388,021,000
(12) 30-Parole
Operations-- Adult
Supervision......... 478,256,000
(13) 31-Parole
Operations-- Adult
Community Based
Programs............ 185,904,000
(14) 32-Parole
Operations-- Adult
Administration...... 110,570,000
(15) 35-Board of Parole
Hearings-- Adult
Hearings............ 66,983,000
(16) 36-Board of Parole
Hearings--
Administration...... 7,300,000
(17) 45-Adult Education,
Vocation and
Offender Programs--
Adult Education..... 141,102,000
(18) 46-Adult Education,
Vocation and
Offender Programs--
Adult Substance
Abuse Programs...... 169,740,000
(19) 47-Adult Education,
Vocation and
Offender Programs--
Adult Inmate
Activities.......... 65,857,000
(20) 48-Adult Education,
Vocation and
Offender Programs--
Adult
Administration...... 25,110,000
(21) Reimbursements...... -127,933,000
(22) Amount payable from
the Corrections
Training Fund (Item
5225-001-0170)...... -2,697,000
(23) Amount payable from
the Federal Trust
Fund (Item 5225-001-
0890)............... -6,895,000
(24) Amount payable from
the Inmate Welfare
Fund of the
Department of
Corrections (Item
5225-001-0917)...... -64,854,000
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. 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. The
report shall include the dates
for which each allotment was
submitted to the institutions
and the date each institution
acknowledged receiving its
allotments.
4. Not later than 75 days following
enactment of this act, and
subsequently on March 1, and two
weeks after the release of the
May Revision, the Secretary
of the Department of Corrections
and Rehabilitation shall submit
a report to the Director of
Finance and the chairpersons and
vice chairpersons of the
committees in both houses of the
Legislature that consider the
State Budget detailing how each
adult institution's expenditures
are tracking compared to its
approved allotments. If any
adult institution's expenditures
are trending above the
allotments provided to it, the
Secretary of the Department of
Corrections and Rehabilitation
shall detail the reasons why the
institution is spending at a
level above its allotments and
list the actions the department
is undertaking in order to align
expenditures with approved
allotments.
5. Not later than February 17,
2012, 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, the Director of
the Department of Finance, 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)
yearend expenditures by program
for each institution in the 2010-
11 fiscal year, (b) allotments
and projected expenditures by
program for each institution in
the 2011-12 fiscal year, (c) the
number of authorized and vacant
positions, estimated overtime
budget, estimated benefits
budget, and operating expense
and equipment budget for each
institution, and (d) a list of
all capital outlay projects
occurring or projected to occur
during the 2011-12 fiscal year.
6. Funds appropriated to
accommodate projected adult
institutional and parolee
population levels in excess of
those that actually materialize,
if any, shall revert to the
General Fund.
7. The funds appropriated in
Schedules (13), (17), and (18)
shall be used only to support
the provision of inmate and
parolee rehabilitation and
recidivism reduction programs.
Any funds appropriated in those
schedules that are unspent at
the end of the 2011-12 fiscal
year shall revert to the General
Fund.
8. Upon order of the Director of
Finance, the authority provided
in this item may be transferred
to Item 5225-005-0001 in order
to fund unanticipated legal work
performed by the Attorney
General.
9. Notwithstanding any other
provision of law, in
implementing reductions during
the 2011-12 fiscal year, other
than the $101,000,000 one-time
reduction to inmate
rehabilitative programs included
in this act, the Department of
Corrections and Rehabilitation
shall not make any reductions to
rehabilitation program staff,
including academic, vocational
education, and substance abuse
personnel working in adult
institutions.
10. The Department of Corrections
and Rehabilitation shall require
basic data collection and
performance metrics to be a part
of renewed rehabilitation
contracts. The department shall
review the effectiveness of
these contract programs to
determine the most effective
models for achieving parolee
success.
SEC. 301. Item 5225-001-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
5225-001-0890--For support of Department
of Corrections and Rehabilitation, for
payment to Item 5225-001-0001, payable
from the Federal Trust Fund............... 6,895,000
SEC. 302. Item 5225-002-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
5225-002-0001--For support of Department
of Corrections and Rehabilitation........ 2,359,379,000
Schedule:
(1) 10-Corrections and
Rehabilitation
Administration...... 8,378,000
(2) 25-Adult
Corrections and
Rehabilitation
Operations--
General Security.... 282,266,000
(3) 50.10-Medical 1,343,513,00
Services-- Adult.... 0
(4) 50.20-Dental
Services-- Adult.... 166,136,000
(5) 50.30-Mental Health
Services-- Adult.... 385,157,000
(6) 50.40-Ancillary
Health Care
Services-- Adult.... 127,199,000
(7) 50.50-Dental and
Mental Health
Services
Administration--
Adult............... 49,001,000
(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 (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 (2), (4), (5), and (7)
are available for expenditure by
the Department of Corrections
and Rehabilitation to provide
mental health, dental, and
access to care services only.
Health Care Access Units will be
maintained by the Receiver until
compliance assessments
demonstrate to the Receiver that
institutions have the ability to
provide appropriate access to
care on an ongoing basis.
6. Notwithstanding any other
provision of law, the Receiver,
on behalf of the Department of
Corrections and Rehabilitation,
shall process and pay for all
medical claims for medical
parolees pursuant to Section
3550 of the Penal Code from
funds available in Schedule (3).
SEC. 303. Item 5225-006-0001 is added to Section 2.00 of the
Budget Act of 2011, to read:
5225-006-0001--For support of Department of 280,639,
Corrections and Rehabilitation ............... 000
Provisions:
1. (a The Director of Finance shall
) reduce this item by
$43,404,000 to reflect the
portion of realignment
savings to be achieved
through either the reduction
in, or elimination of, the
planned increase in the use
of contracts with private
entities for out-of-state
housing of state inmates.
(b The funds appropriated in
) this item shall be used to
pay for not more than the
following number of beds for
state inmates at the
following facilities:
(1) 1,536 beds at the Red
Rock Correctional
Center located in
Eloy, Arizona.
(2) 3,060 beds at the La
Palma Correctional
Center located in
Eloy, Arizona.
(3) 2,592 beds at the
Tallahatchie County
Correctional Facility
located in Tutwiler,
Mississippi.
(4) 2,400 beds at the
North Fork
Correctional Center
located in Sayre,
Oklahoma.
(5) 270 beds at the North
Lake Correctional
Facility located in
Baldwin, Michigan.
(c No other item of
) appropriation may be used to
pay for the costs of the
contracts with the entities
listed in subdivision (b) for
out-of-state housing of state
inmates.
SEC. 304. Item 5225-007-0001 is added to Section 2.00 of the
Budget Act of 2011, to read:
5225-007-0001--For support of Department of 95,254,00
Corrections and Rehabilitation............... 0
Provisions:
1. The Director of Finance shall
reduce this item by $77,406,000
to reflect the portion of
realignment savings to be
achieved through the reduction
or elimination of contracts
with private entities for in-
state housing of state inmates.
No other item of appropriation
may be used to pay for the
costs of those contracts.
SEC. 305. Item 5225-011-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
5225-011-0001--For support of Department of
Corrections and Rehabilitation (Proposition
98)........................................... 25,890,000
Schedule:
(1) 21-Juvenile Academic
and Vocational
Education.............. 25,890,000
SEC. 306. Item 5225-101-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
5225-101-0001--For local assistance,
Department of Corrections and
Rehabilitation............................. 113,784,000
Schedule:
(1) 15-Corrections
Standards Authority... 835,000
(2) 20-Juvenile
Operations and
Juvenile Offender
Programs.............. 78,000
(3) 22-Juvenile Parole
Operations............ 1,403,000
(4) 29.05.010-Adult
Corrections and
Rehabilitation
Operations--
Transportation of
Prisoners............. 278,000
(5) 29.05.020-Adult
Corrections and
Rehabilitation
Operations-- Return
of Fugitives from
Justice............... 2,593,000
(6) 29.15-Adult
Corrections and
Rehabilitation
Operations-- County
Charges............... 19,651,000
(7) 31-Parole Operations-
- Adult Community
Based Programs........ 88,946,000
Provisions:
1. The amounts appropriated in
Schedules (4), (5), (6), and (7)
are 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
pursuant to Section
4016.5 of the Penal Code
for the cost of detaining
state parolees who were
held in count jail prior
to July 1, 2011. 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. The
Department of Corrections
and Rehabilitation shall
neither accept nor pay
any claims related to
the detention of parolees
in county jail once
Chapter 15 of the
Statutes of 2011 (AB 109)
becomes operative.
2. 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. 307. Item 5225-301-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
5225-301-0001--For capital outlay,
Department of Corrections and
Rehabilitation, payable from the General
Fund......................................... 1,509,000
Schedule:
(1) 61.01.001-Statewide:
Budget Packages and
Advance Planning-- Study... 750,000
(2) 61.14.030-Minor Projects... 759,000
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
Budget Act of 2012 or 2013, and for
which cost estimates or preliminary
plans can be developed prior to
legislative hearings on the Budget
Act of 2012 or 2013, 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 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, 2012, on the
reconciliation of the funds
appropriated in Schedule (2).
SEC. 308. Item 5225-401 is added to Section 2.00 of the Budget Act
of 2011, to read:
5225-401--Of the amount loaned pursuant
to Section 15849.1 of the Government Code
for the working drawings and construction
of the San Quentin State Prison,
Condemned Inmate Complex project, as
authorized by the Legislature in the
Budget Act of 2003 (Ch. 157, Stats. 2003)
and the Budget Act of 2008 (Chs. 268 and
269, Stats. 2008), $1,300,000, plus any
accrued interest, will not be required to
be repaid.
SEC. 309. Item 5225-491 of Section 2.00 of the Budget Act of 2011
is amended 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) Item 5225-301-0001, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
(10) 61.10.101-California Men's
Colony, San Luis Obispo:
Central Kitchen Replacement-
-Working drawings
+
(2) Item 5225-301-0001, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(5) 61.05.038-Correctional
Training Facility, Soledad:
Solid Cell Fronts-- Working
drawings
0660-- Public Buildings Construction Fund
(1) Item 5225-301-0660, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(.5) 61.10.101-California Men's
Colony, San Luis Obispo:
Central Kitchen Replacement--
Working drawings and
construction
SEC. 310. Item 6110-001-0001 of Section 2.00 of
the Budget Act of 2011 is amended to read:
6110-001-0001--For support of Department of
Education................................... 34,779,000
Schedule:
(2) 20-Instructional
Support............... 138,943,000
(3) 30-Special Programs... 54,675,000
(4) 40-Executive
Management and
Special Services...... 9,444,000
(6) 42.01-Department
Management and
Special Services...... 33,988,000
(7) 42.02-Distributed
Department Management
and Special Services.. -33,988,000
(8) Reimbursements........ -16,469,000
(9) Amount payable from
Federal Trust Fund
(Item 6110-001-0890).. -151,689,000
(10) Amount payable from
Mental Health
Services Fund (Item
6110-001-3085)........ -125,000
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 pupil
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 $1,973,000 is
available for support of child
care services, including state
preschool.
7. 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
each year, the SDE shall provide
to the Department of Finance a
file of all charter school ADA
and state and local revenue
associated with charter school
general purpose entitlements as
part of the P1 Revenue Limit File.
It is the expectation that such
reports will be provided annually.
8. On or before April 15 of each
year, the State Department of
Education (SDE) shall provide to
the Department of Finance an
electronic file that includes
complete district- and county-
level state appropriations limit
information reported to the SDE.
The SDE shall make every effort to
ensure that all districts have
submitted the necessary
information requested on the
relevant reporting forms.
9. 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.
10. 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.
11. 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.
12. 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 therefor, and upon
receiving approval in writing.
13. Of the funds appropriated in this
item, $181,000 and 2.0 positions
are provided for the California
Career Resource Network Program.
14. 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.
15. 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.
16. Of the reimbursement funds
appropriated in this item,
$422,000 shall be available to the
State Department of Education
(SDE) to contract for assistance
in developing an approved listing
of food and beverage items that
comply with the nutrition
standards of Chapters 235 and 237
of the Statutes of 2005. In order
to fund the development and
maintenance of the approved
product listing, the SDE shall
collect a fee, as it deems
appropriate, from vendors seeking
to have their products reviewed
for potential placement on the
approved product listing.
Reimbursements collected in the
2010-11 fiscal year may be used to
offset costs incurred in the 2008-
09 and 2009-10 fiscal years.
17. Of the funds appropriated in
Schedule (2), up to $541,000 is
for transfer by the Controller to
the State Instructional Materials
Fund for allocation during the
2011-12 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.
18. Of the reimbursement funds
appropriated in Schedule (8),
$138,000 is for purposes of
overseeing State Board of
Education-approved charter schools.
19. 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 2.0 positions for this purpose
as workload materializes.
20. Of the reimbursements
appropriated in Schedule (8),
$750,000 and 3.0 positions,
pursuant to an agreement with
California Children and Families
Commission, shall be available to
the State Department of Education
to support the activities of the
California Early Learning Advisory
Council.
SEC. 311. Item 6110-001-0890 of Section 2.00 of
the Budget Act of 2011 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... 151,689,000
Provisions:
1. The funds appropriated in this
item include federal Carl D.
Perkins Vocational and Technical
Education Act of 2006 (P.L. 109-
270) funds for the 2007-08
fiscal year to be transferred to
community colleges by means of
interagency agreements. These
funds shall be used by community
colleges for the administration
of career technical education
programs.
2. Of the funds appropriated in
this item, $96,000 is available
to the Advisory Commission on
Special Education for the in-
state travel expenses of the
commissioners and the secretary
to the commission.
3. Of the funds appropriated in
this item, $426,000 is available
for programs for homeless youth
and adults pursuant to the
federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec.
11431 et seq.). The State
Department of Education shall
consult with the Department of
Community Services and
Development, the State
Department of Mental Health, the
Department of Housing and
Community Development, and the
Commission for Economic
Development in operating this
program.
4. Of the funds appropriated in
this item, up to $364,000 shall
be used to provide in-service
training for special and regular
educators and related persons,
including, but not limited to,
parents, administrators, and
organizations serving severely
disabled children. These funds
are also to provide up to 4.0
positions for this purpose.
5. Of the funds appropriated in
this item, $318,000 shall be
used to provide training in
culturally nonbiased assessment
and specialized language skills
to special education teachers.
6. (a) Of the funds appropriated
in this item, $11,765,000
is from the Child Care
and Development Block
Grant Fund and is
available for support of
child care services. Of
the federal funds in this
item, $1,533,000 is for
13.0 positions to address
compliance 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 shall 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 shall be
contained in a separate
report for each provider,
with a single statewide
summary report annually
submitted to the Governor
and the Legislature no
later than April 15.
7. Of the funds appropriated in
this item, $900,000 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, 2010. 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, $710,000 is available
to provide ongoing support for
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
(P.L. 109-270) funding shall
only be available to support the
California Career Resource
Network program.
16. Of the amount appropriated in
this item, $100,000 is available
for the California Career
Resource Network program to
develop career resource
materials and information.
17. 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.
18. 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.
19. Of the funds appropriated in
this item, $109,000 is provided
in federal Title III funds for
1.0 position to support the
English language learner
component of the Mathematics and
Reading Professional Development
Program.
20. 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. It is
the intent of the Legislature
that $125,000 in ongoing funds
be provided for the 2010-11 and
2011-12 fiscal years.
21. 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,
2011, 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
2010-11 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 2010-11 report
shall include finalized data for
the 2009-10 fiscal year and
initial data for the 2010-11
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.
22. Of the funds appropriated in
this item, $96,000 is available
from federal Title I funds on a
one-time basis for 1.0 position
until June 30, 2012, to support
research on school
accountability growth models as
specified by Chapter 273 of the
Statutes of 2009.
23. Of the funds appropriated in
this item, $674,000 is available
for Child Nutrition Program
compliance and monitoring
activities.
24. Of the funds appropriated in
this item, $150,000 is available
for the California Teleaudiology
Project.
25. Of the funds appropriated in
this item, $2,000,000 is
provided to support the Safe and
Supportive Schools Grant.
26. Of the funds appropriated in
this item, up to $108,000 is for
the administration of the
Commodity Supplemental Food
Program, contingent on approval
from the United States
Department of Agriculture.
27. Of the funds appropriated in
this item, $1,235,000 is
provided for the following
special child nutrition grants,
contingent on receipt of grant
awards from the United States
Department of Agriculture:
$535,000 for the Administrative
Reviews and Training (ART)
grant, $300,000 for the Team
Nutrition grant, $250,000 for
the Direct Certification grant,
and $150,000 for the Fresh Fruit
and Vegetable grant.
28. Of the funds appropriated in
this item, $250,000 is available
in one-time carryover funds to
support additional translations
of parental notification and
information templates.
29. $2,124,000 is for development of
the California Longitudinal
Teacher Integrated Data
Education System (CALTIDES). Of
this amount, $560,000 is from
federal Statewide Longitudinal
Data System funds and federal
Title II funds. This funding is
for 3.0 limited-term positions
to manage, support, and oversee
system development. The
positions shall expire on June
30, 2013. The remaining funding
is from a federal Institute of
Education Sciences grant. This
funding shall be used for
contracts to develop CALTIDES
and its technical systems
($1,100,000), California
Commission on Teacher
Credentialing staff to assist
with project development
($150,000), and other related
costs, including training,
operating expenses and
equipment, and indirect costs
($314,000).
30. Of the funds appropriated in
this item, $6,636,000 is for the
California Longitudinal Pupil
Achievement Data System
(CALPADS), which is to meet the
requirements of the federal No
Child Left Behind Act of 2001
(20 U.S.C. Sec. 6301 et seq.)
and Chapter 1002 of the Statutes
of 2002. These funds are payable
from the Federal Trust Fund to
the State Department of
Education (SDE). Of this amount,
$5,641,000 is federal Title VI
funds and $995,000 is federal
Title II funds. These funds are
provided for the following
purposes: $2,457,000 for systems
maintenance provided by the
Office of Technology Services
(OTECH); $1,491,000 for vendor
costs associated with systems
integration and improvement
activities; $790,000 for SDE
staff, including a technical
lead, to work on the system;
$251,000 for system software
costs; $134,000 for an
independent project oversight
consultant and independent
validation and verification
costs; $45,000 for system
hardware costs; $8,000 for
Department of General Services
charges; and $486,000 for
various other costs, including
indirect charges, OTECH charges,
and operating expenses and
equipment. As a condition of
receiving these funds, SDE shall
ensure the following work has
been completed prior to making
final vendor payments: a Systems
Operations Manual, as specified
in the contract, has been
delivered to SDE and all needed
documentation and knowledge
transfer of the system has
occurred; all known software
defects have been corrected; the
system is able to receive and
transfer data reliably between
the state and local educational
agencies within timeframes
specified in the contract; and
system audits assessing data
quality, validity, and
reliability are operational
for all data elements in the
system. These activities shall
be completed by June 30, 2012,
with the ability of SDE
thereafter to operate and
maintain CALPADS over time. In
addition, $974,000 is for SDE
data management staff
responsible for fulfilling
certain federal requirements not
directly associated with CALPADS.
31. Of the funds appropriated in
this item, $200,000 federal
Title I and $400,000 federal
Title VI funds are available on
a one-time basis to conduct a
validation study of the
California Modified Assessment.
32. Of the funds appropriated in
this item, $530,000 is provided
in one-time federal carryover
funds for the Public Charter
School Grant program.
33. Of the funds appropriated in
this item, $201,000 is provided
in one-time federal carryover
funds for existing contracts
with county offices of education
for special education
instructional training and
technical assistance in county
court schools.
34. Of the funds appropriated in
this item, $200,000 is available
to fund 2.0 existing positions
on a limited-term basis until
June 30, 2013, and other costs
to support increased technical
assistance activities associated
with new federal child nutrition
requirements under the Healthy,
Hunger-Free Kids Act of 2010
(P.L. 11-296).
35. Of the funds appropriated in
this item, $500,000 is provided
for increased costs associated
with new federal requirements to
increase the frequency of
compliance reviews for child
nutrition programs. Expenditure
of these funds is subject to
Department of Finance approval
of an expenditure plan. The
expenditure plan shall be based
upon final rules established by
the United States Department of
Agriculture regarding, but not
limited to: (a) the effective
date of the requirement to
review each National School
Lunch Program and School
Breakfast Program once every
three years and (b) how
compliance reviews are
conducted, especially new or
amended regulations leading to
efficiencies in the review
process. To the extent that
additional staff resources are
needed, positions shall be
redirected from existing
vacancies within the State
Department of Education.
36. Of the funds appropriated in
this item, $100,000 is provided
in one-time carryover funds to
support school violence and
substance abuse prevention
programs.
37. Of the funds appropriated in
this item, $2,000,000 is
provided in one-time carryover
funds to support one-time
projects to improve the
efficiency and quality of child
nutrition program administration.
38. Of the funds appropriated in
this item, $500,000 is provided
in one-time Title I carryover
funds for the Striving Readers
Comprehensive Literacy program.
39. Of the funds appropriated in
this item, up to $2,000,000 in
federal Individuals with
Disabilities Education Act
(IDEA) carryover funds shall be
made available on a one-time
basis for mental health service
dispute resolution services
provided by the Office of
Administrative Hearings. The
State Department of Education
shall submit documentation to
the Department of Finance
justifying the increased mental
health services caseload and
obtain written approval from the
Department of Finance prior to
spending these funds. The
Department of Finance shall act
within 30 days of receiving
written documentation from the
State Department of Education as
described in this provision.
40. Of the funds appropriated in
this item, $800,000 in federal
Individuals with Disabilities
Education Act (IDEA) carryover
funds is available for the State
Department of Education to
provide oversight and technical
assistance for local
educational agencies as the
responsibility for overseeing
educationally necessary mental
health related services
transitions from county mental
health agencies to special
education local plan areas. The
State Department of Education
shall use these funds to assist
special education local plan
areas in (a) minimizing
disruption and maintaining
quality of services for pupils
through the transition period
and in future years, (b)
developing internal capacity for
overseeing, contracting for, and
providing quality mental health
related services, (c)
identifying best practices and
effective models for service
delivery, (d) identifying
options for controlling costs
and accessing Medi-Cal and other
local, state, and federal funds,
and (e) strengthening linkages
between mental health and
education services. The State
Department of Education shall
also identify options for
improving accountability for
effective services and positive
pupil outcomes, including a
system for tracking and
reporting outcomes. As part
of this effort, the State
Department of Education shall
(a) establish working groups to
generate recommendations
regarding best practices,
accountability systems, and
other matters, and (b) hold
public meetings with
stakeholders to solicit input
and share results. In
undertaking the duties described
in this provision, the State
Department of Education shall
consult with the State
Department of Mental Health,
representatives of county mental
health agencies, representatives
of local educational agencies
and special education local plan
areas, and other interested
parties.
41. The State Department of
Education shall contract with
the management partner
designated in the California
application for the Enhanced
Assessment Instruments Grant for
the development of English
language proficiency
assessments, if federal funds
are received for this purpose
and expenditure authority is
approved by the Department of
Finance and the Joint
Legislative Budget Committee
pursuant to Section 28.00.
SEC. 310. Item 6110-001-0001 of Section 2.00 of
the Budget Act of 2011 is amended to read:
6110-001-0001--For support of Department of
Education................................... 34,045,000
34,779,000
Schedule:
(2) 20-Instructional
Support............... 127,549,000
138,943,000
(3) 30-Special Programs... 50,392,000
54,675,000
(4) 40-Executive
Management and
Special Services...... 9,444,000
(6) 42.01-Department
Management and
Special Services...... 33,988,000
(7) 42.02-Distributed
Department Management
and Special Services.. -33,988,000
(8) Reimbursements........ -15,719,000
-16,469,000
(9) Amount payable from
Federal Trust Fund
(Item 6110-001-0890).. -137,496,000
-151,689,000
(10) Amount payable from
Mental Health
Services Fund (Item
6110-001-3085)........ -125,000
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 pupil
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 $1,973,000 is
available for support of child
care services, including state
preschool.
7. 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
each year, the SDE shall provide
to the Department of Finance a
file of all charter school ADA
and state and local revenue
associated with charter school
general purpose entitlements as
part of the P1 Revenue Limit File.
It is the expectation that such
reports will be provided annually.
8. On or before April 15 of each
year, the State Department of
Education (SDE) shall provide to
the Department of Finance an
electronic file that includes
complete district- and county-
level state appropriations limit
information reported to the SDE.
The SDE shall make every effort to
ensure that all districts have
submitted the necessary
information requested on the
relevant reporting forms.
9. 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.
10. 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.
11. 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.
12. 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 therefor, and upon
receiving approval in writing.
13. Of the funds appropriated in this
item, $181,000 and 2.0 positions
are provided for the California
Career Resource Network Program.
14. 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.
15. 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.
16. Of the reimbursement funds
appropriated in this item,
$422,000 shall be available to the
State Department of Education
(SDE) to contract for assistance
in developing an approved listing
of food and beverage items that
comply with the nutrition
standards of Chapters 235 and 237
of the Statutes of 2005. In order
to fund the development and
maintenance of the approved
product listing, the SDE shall
collect a fee, as it deems
appropriate, from vendors seeking
to have their products reviewed
for potential placement on the
approved product listing.
Reimbursements collected in the
2010-11 fiscal year may be used to
offset costs incurred in the 2008-
09 and 2009-10 fiscal years.
17. Of the funds appropriated in
Schedule (2), up to $541,000 is
for transfer by the Controller to
the State Instructional Materials
Fund for allocation during the
2011-12 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.
18. Of the reimbursement funds
appropriated in Schedule (8),
$138,000 is for purposes of
overseeing State Board of
Education-approved charter schools.
19. 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 2.0 positions for this purpose
as workload materializes.
SEC. 311. Item 6110-001-0890 of Section 2.00 of
the Budget Act of 2011 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... 137,496,000
151,689,000
Provisions:
1. The funds appropriated in this
item include federal Carl D.
Perkins Vocational and Technical
Education Act of 2006 (P.L. 109-
270) funds for the 2007-08
fiscal year to be transferred to
community colleges by means of
interagency agreements. These
funds shall be used by community
colleges for the administration
of career technical education
programs.
2. Of the funds appropriated in
this item, $96,000 is available
to the Advisory Commission on
Special Education for the in-
state travel expenses of the
commissioners and the secretary
to the commission.
3. Of the funds appropriated in
this item, $426,000 is available
for programs for homeless youth
and adults pursuant to the
federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec.
11431 et seq.). The State
Department of Education shall
consult with the Department of
Community Services and
Development, the State
Department of Mental Health, the
Department of Housing and
Community Development, and the
Commission for Economic
Development in operating this
program.
4. Of the funds appropriated in
this item, up to $364,000 shall
be used to provide in-service
training for special and regular
educators and related persons,
including, but not limited to,
parents, administrators, and
organizations serving severely
disabled children. These funds
are also to provide up to 4.0
positions for this purpose.
5. Of the funds appropriated in
this item, $318,000 shall be
used to provide training in
culturally nonbiased assessment
and specialized language skills
to special education teachers.
6. (a) Of the funds appropriated
in this item, $11,765,000
is from the Child Care
and Development Block
Grant Fund and is
available for support of
child care services. Of
the federal funds in this
item, $1,533,000 is for
13.0 positions to address
compliance 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 shall 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 shall be
contained in a separate
report for each provider,
with a single statewide
summary report annually
submitted to the Governor
and the Legislature no
later than April 15.
7. Of the funds appropriated in
this item, $900,000 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, 2010. 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, $710,000 is available
to provide ongoing support for
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
(P.L. 109-270) funding shall
only be available to support the
California Career Resource
Network program.
16. Of the amount appropriated in
this item, $100,000 is available
for the California Career
Resource Network program to
develop career resource
materials and information.
17. 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.
18. 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.
19. Of the funds appropriated in
this item, $109,000 is provided
in federal Title III funds for
1.0 position to support the
English language learner
component of the Mathematics and
Reading Professional Development
Program.
20. 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. It is
the intent of the Legislature
that $125,000 in ongoing funds
be provided for the 2010-11 and
2011-12 fiscal years.
21. 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,
2011, 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
2010-11 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 2010-11 report
shall include finalized data for
the 2009-10 fiscal year and
initial data for the 2010-11
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.
22. Of the funds appropriated in
this item, $96,000 is available
from federal Title I funds on a
one-time basis for 1.0 position
until June 30, 2012, to support
research on school
accountability growth models as
specified by Chapter 273 of the
Statutes of 2009.
23. Of the funds appropriated in
this item, $674,000 is available
for Child Nutrition Program
compliance and monitoring
activities.
24. Of the funds appropriated in
this item, $150,000 is available
for the California Teleaudiology
Project.
25. Of the funds appropriated in
this item, $2,000,000 is
provided to support the Safe and
Supportive Schools Grant.
26. Of the funds appropriated in
this item, up to $ 45
108 ,000 is for the
the administration of the
administration of the Commodity
Supplemental Food
Supplemental Food Program,
Program, contingent on approval from
the
from the United States
United States Department of
Agriculture.
Agriculture.
27. Of the funds appropriated in
this item, $1,235,000 is
provided for the following
special child nutrition grants,
contingent on receipt of grant
awards from the United States
Department of Agriculture:
$535,000 for the Administrative
Reviews and Training (ART)
grant, $300,000 for the Team
Nutrition grant, $250,000 for
the Direct Certification grant,
and $150,000 for the Fresh Fruit
and Vegetable grant.
28. Of the funds appropriated in
this item, $250,000 is available
in one-time carryover funds to
support additional translations
of parental notification and
information templates.
29. $2,124,000 is for development of
the California Longitudinal
Teacher Integrated Data
Education System (CALTIDES). Of
this amount, $560,000 is from
federal Statewide Longitudinal
Data System funds and federal
Title II funds. This funding is
for 3.0 limited-term positions
to manage, support, and oversee
system development. The
positions shall expire on June
30, 2013. The remaining funding
is from a federal Institute of
Education Sciences grant. This
funding shall be used for
contracts to develop CALTIDES
and its technical systems
($1,100,000), California
Commission on Teacher
Credentialing staff to assist
with project development
($150,000), and other related
costs, including training,
operating expenses and
equipment, and indirect costs
($314,000).
29 30 . Of the funds
appropriated in
this item, $6,636,000 is for the
California Longitudinal Pupil
Achievement Data System
(CALPADS), which is to meet the
requirements of the federal No
Child Left Behind Act of 2001
(20 U.S.C. Sec. 6301 et seq.)
and Chapter 1002 of the Statutes
of 2002. These funds are payable
from the Federal Trust Fund to
the State Department of
Education (SDE). Of this amount,
$5,641,000 is federal Title VI
funds and $995,000 is federal
Title II funds. These funds are
this item, $560,000 is provided
for the following
purposes: $2,457,000 for systems
maintenance provided by the
Office of Technology Services
(OTECH); $1,491,000 for vendor
costs associated with systems
integration and improvement
activities; $790,000 for SDE
staff, including a technical
lead, to work on the system;
$251,000 for system software
costs; $134,000 for an
independent project oversight
consultant and independent
validation and verification
costs; $45,000 for system
hardware costs; $8,000 for
Department of General Services
charges; and $486,000 for
various other costs, including
indirect charges, OTECH charges,
and operating expenses and
equipment. As a condition of
receiving these funds, SDE shall
ensure the following work has
been completed prior to making
final vendor payments: a Systems
Operations Manual, as specified
in the most current contract,
has been delivered to SDE and
all needed documentation and
knowledge transfer of the system
has occurred; all known software
defects have been corrected; the
system is able to receive and
transfer data reliably between
the state and local educational
agencies within timeframes
specified in the most current
contract; and system audits
assessing data quality,
validity, and reliability are
operational for all data
elements in the system. These
activities shall be completed by
June 30, 2012, with the ability
of SDE thereafter to operate and
maintain CALPADS over time. As a
further condition of receiving
these funds, the SDE shall not
add additional data elements to
CALPADS, require local
educational agencies to use the
data collected through the
CALPADS for any purpose, or
otherwise expand or enhance the
system beyond the data elements
and functionalities that are
identified in the most current
approved Feasibility Study and
Special Project Reports and the
CALPADS Data Guide v1.2. In
addition, $974,000 is for SDE
data management staff
responsible for fulfilling
certain federal requirements not
directly associated with CALPADS.
from federal Statewide
31. Of the funds appropriated in
this item, $200,000 federal
Title I and $400,000 federal
Title VI funds are available on
a one-time basis to conduct a
validation study of the
California Modified Assessment.
Longitudinal Data System funds
32. Of the funds appropriated in
this item, $530,000 is provided
in one-time federal carryover
funds for the Public Charter
School Grant program.
and federal Title II funds. The
33. Of the funds appropriated in
this item, $201,000 is provided
in one-time federal carryover
funds for existing contracts
with county offices of education
for special education
instructional training and
technical assistance in county
court schools.
funding shall support 3.0
34. Of the funds appropriated in
this item, $200,000 is available
to fund 2.0 existing positions
on a limited-term basis until
June 30, 2013, and other costs
to support increased technical
assistance activities associated
with new federal child nutrition
requirements under the Healthy,
Hunger-Free Kids Act of 2010
(P.L. 11-296).
limited-term positions and other
development costs for the
California Longitudinal Teacher
Integrated Data Education System
(CALTIDES). No funds may be
expended until the CALPADS has
been determined to receive and
transfer data reliably and upon
the written approval of the
35. Of the funds appropriated in
this item, $500,000 is provided
for increased costs associated
with new federal requirements to
increase the frequency of
compliance reviews for child
nutrition programs. Expenditure
of these funds is subject to
Department of Finance a nd the
pproval
office of the State Chief
Information Officer. The 3.0
limited-term positions shall
expire on June 30, 2012.
of an expenditure plan. The
expenditure plan shall be based
30. No funds provided in this item
shall be expended on development
and implementation activities
related tothe California
Longitudinal Pupil Achievement
Data System until the
Administration has completed a
review of the program's
objectives, long-term
implications, and compatibility
with growing federal
upon final rules established by
the United States Department of
Agriculture regarding, but not
limited to: (a) the effective
date of the requirement s.
to
review each National School
Lunch Program and School
Breakfast Program once every
three years and (b) how
compliance reviews are
conducted, especially new or
amended regulations leading to
efficiencies in the review
process. To the extent that
additional staff resources are
needed, positions shall be
redirected from existing
vacancies within the State
Department of Education.
36. Of the funds appropriated in
this item, $100,000 is provided
in one-time carryover funds to
support school violence and
substance abuse prevention
programs.
37. Of the funds appropriated in
this item, $2,000,000 is
provided in one-time carryover
funds to support one-time
projects to improve the
efficiency and quality of child
nutrition program administration.
38. Of the funds appropriated in
this item, $500,000 is provided
in one-time Title I carryover
funds for the Striving Readers
Comprehensive Literacy program.
39. Of the funds appropriated in
this item, up to $2,000,000 in
federal Individuals with
Disabilities Education Act
(IDEA) carryover funds shall be
made available on a one-time
basis for mental health service
dispute resolution services
provided by the Office of
Administrative Hearings. The
State Department of Education
shall submit documentation to
the Department of Finance
justifying the increased mental
health services caseload and
obtain written approval from the
Department of Finance prior to
spending these funds. The
Department of Finance shall act
within 30 days of receiving
written documentation from the
State Department of Education as
described in this provision.
40. Of the funds appropriated in
this item, $800,000 in federal
Individuals with Disabilities
Education Act (IDEA) carryover
funds is available for the State
Department of Education to
provide oversight and technical
assistance for local educational
agencies as the responsibility
for overseeing educationally
necessary mental health related
services transitions from county
mental health agencies to
special education local plan
areas. The State Department of
Education shall use these funds
to assist special education
local plan areas in (a)
minimizing disruption and
maintaining quality of services
for pupils through the
transition period and in future
years, (b) developing internal
capacity for overseeing,
contracting for, and providing
quality mental health related
services, (c) identifying best
practices and effective models
for service delivery, (d)
identifying options for
controlling costs and accessing
Medi-Cal and other local, state,
and federal funds, and (e)
strengthening linkages between
mental health and education
services. The State Department
of Education shall also identify
options for improving
accountability for effective
services and positive pupil
outcomes, including a system for
tracking and reporting outcomes.
As part of this effort, the
State Department of Education
shall (a) establish working
groups to generate
recommendations regarding best
practices, accountability
systems, and other matters, and
(b) hold public meetings with
stakeholders to solicit input
and share results. In
undertaking the duties described
in this provision, the State
Department of Education shall
consult with the State
Department of Mental Health,
representatives of county mental
health agencies, representatives
of local educational agencies
and special education local plan
areas, and other interested
parties.
41. The State Department of
Education shall contract with
the management partner
designated in the California
application for the Enhanced
Assessment Instruments Grant for
the development of English
language proficiency
assessments, if federal funds
are received for this purpose
and expenditure authority is
approved by the Department of
Finance and the Joint
Legislative Budget Committee
pursuant to Section 28.00.
SEC. 312. Item 6110-001-3170 is added to Section 2.00 of the
Budget Act of 2011, to read:
6110-001-3170--For support of Department of
Education, payable from the Heritage
Enrichment Resource Fund....................... 40,000
Provisions:
1. The funds appropriated in this item
shall be available to the State
Department of Education to process
payments for the registration of
heritage schools and to provide
necessary technical assistance,
pursuant to Chapter 286 of the
Statutes of 2010. Of the amount
appropriated in this item, $16,200 may
be used to mitigate costs incurred in
the 2010-11 fiscal year to develop and
administer the registration process.
2. The State Department of Education
shall ensure that the registration fee
for the 2011-12 fiscal year does not
exceed the costs of registering
heritage schools pursuant to Section
33195.5 of the Education Code.
SEC. 313. Item 6110-101-0231 of Section 2.00 of the Budget Act of
2011 is amended to read:
6110-101-0231--For local assistance,
Department of Education, Program
20.10.045-Instructional Support,
Curriculum Services-- Health and Physical
Education, Drug Free Schools, for county
offices of education, payable from the
Health Education Account, Cigarette and
Tobacco Products Surtax Fund, pursuant to
Article 1 (commencing with Section
104350) of Chapter 1 of Part 3 of the
Health and Safety Code.................... 3,174,000
SEC. 314. Item 6110-102-0890 of Section 2.00 of the Budget Act of
2011 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... 200,000
Provisions:
1. Of the funds appropriated in this
item, $200,000 is provided in one-time
carryover funds to support the
existing program.
SEC. 315. Item 6110-103-0890 of Section 2.00 of the Budget Act of
2011 is repealed.
SEC. 316. Item 6110-112-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
6110-112-0890--For local assistance,
Department of Education, Program
20.60.036-Public Charter Schools, payable
from the Federal Trust Fund............... 57,799,000
SEC. 317. Item 6110-113-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
6110-113-0001--For local assistance,
Department of Education (Proposition 98), for
purposes of California's pupil testing
program....................................... 90,431,000
Schedule:
(1) 20.70.030.005-
Assessment Review and
Reporting.............. 1,862,000
(2) 20.70.030.006-STAR
Program................ 51,279,000
(3) 20.70.030.007-English
Language Development
Assessment............. 364,000
(4) 20.70.030.008-High
School Exit
Examination............ 8,793,000
(5) 20.70.030.209-
Assessment
Apportionments......... 28,133,000
(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 48410) 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 2010-
11 and the 2011-12 fiscal years for
the STAR Program, the California
English Language Development Test,
and the California High School Exit
Examination.
11. The amount appropriated in this
item shall be reduced pursuant to
Section 12.42.
12. The State Department of Education
(SDE) shall ensure that fourth
grade writing for the
English/language arts California
Standards Test and the California
Modified Assessment is administered
for the 2011-12 school year. The
SDE shall ensure that, as a
condition of extending the existing
contractor agreement for the
Standardized Testing and Reporting
program, the agreement shall
require the contractor to absorb
the costs of administering fourth
grade writing without making any
offsetting contract savings.
Further, this prohibits the SDE,
the State Board of Education, and
the contractor from eliminating any
state assessments or components of
a state assessment.
13. The Legislative Analyst's Office,
Department of Finance, and the
vendor or vendors of the state's
Standardized Testing and Reporting
contract shall meet on an annual
basis every October and April to
review detailed fiscal information
regarding the current components
and costs of the contract. The
group also shall explore ways to
make annual improvements to the
state's assessment system or
achieve related savings.
SEC. 318. Item 6110-113-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
6110-113-0890--For local assistance,
Department of Education-Title VI Flexibility
and Accountability, payable from the Federal
Trust Fund.................................... 29,060,000
Schedule:
(1) 20.70.030.005-
Instructional Support:
Assessment Review and
Reporting.............. 600,000
(2) 20.70.030.006-
Instructional Support:
STAR Program........... 12,458,000
(3) 20.70.030.007-
Instructional Support:
English Language
Development Test....... 10,480,000
(4) 20.70.030.008-
Instructional Support:
High School Exit
Examination............ 5,172,000
(5) 20.70.030.029-
Instructional Support:
High School Exit
Examination:
Evaluation of
Instruction............ 350,000
Provisions:
1. 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 Modified Assessment, the
California Alternate Performance
Assessment (CAPA), and the
Designated Primary Language Test,
as part of the STAR Program.
2. The funds appropriated in Schedule
(3) shall be available for approved
contract costs for administration
of the California English Language
Development Test, consistent with
the requirements of Chapter 7
(commencing with Section 60810) of
Part 33 of Division 4 of Title 2 of
the Education Code and Provision 3
of Item 6110-113-0001.
3. Funds appropriated in Schedule (4)
are provided for approved contract
costs related to the California
High School Exit Examination, to be
used consistent with Provision 4 of
Item 6110-113-0001.
4. Funds appropriated in Schedule (5)
are for an evaluation of
instruction in the standards
covered by the California High
School Exit Examination to
determine the progress of middle
schools and high schools in
implementing instruction and
curriculum aligned to those
standards.
5. Funds appropriated in Schedule (1)
are for providing local
educational agencies information
regarding federal requirements
associated with assessments.
6. Funds provided to local educational
agencies from Schedules (2), (3),
and (4) shall first be used to
offset any state-mandated
reimbursable costs, within the
meaning of subdivision (e) 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, the
California High School Exit
Examination, and the California
Alternate Performance Assessment.
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.
7. Federal funds provided in this item
for statewide testing purposes
shall be fully expended before
General Fund resources provided in
Item 6110-113-0001 are expended for
the same purposes.
8. Of the funds appropriated in
Schedule (2), $594,000 is provided
in one-time federal carryover funds.
SEC. 319. Item 6110-119-0890 of Section 2.00 of the Budget Act of
2011 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....... 1,761,000
SEC. 320. Item 6110-125-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
6110-125-0890--For local assistance,
Department of Education, payable from the
Federal Trust Fund........................ 306,126,000
Schedule:
(1) 10.30.010-Title I,
Migrant Education... 135,457,000
(2) 20.10.004-Title
III, Language
Acquisition......... 170,669,000
Provisions:
1. Of the funds appropriated in
Schedule (1), the State
Department of Education shall
use no less than $6,500,000 and
up to $7,100,000 for the
California Mini-Corps Program.
2. Of the funds appropriated in
Schedule (1), $1,700,000 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 pupils for the
California High School Exit
Examination, (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), $11,500,000 is
provided in one-time carryover
funds to support the existing
program.
SEC. 321. Item 6110-134-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
6110-134-0890--For local assistance,
Department of Education, payable from
the Federal Trust Fund................... 1,704,258,000
Schedule:
(1) 10.30.006-Statewide
System of School
Support............. 10,000,000
(2) 10.30.014-Title I,
Corrective Action--
Local Educational
Agencies............ 46,558,000
(3) 10.30.004-School
Improvement Grant... 62,920,000
(4) 10.30.060-Title I- 1,584,780,00
ESEA................ 0
Provisions:
1. In administering the
accountability system required
by this item, the State
Department of Education shall
align the forms, processes, and
procedures required of local
educational agencies 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.
3. 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, 2012, reporting
expenditures and anticipated
savings for each schedule, based
on available information.
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 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.
5. The funds appropriated in
Schedule (3) shall be programmed
pursuant to Section 1003(g) of
the federal No Child Left Behind
Act of 2001 (P.L. 107-110),
Title VIII of the American
Recovery and Reinvestment Act of
2009 (P.L. 111-5), and related
federal regulations and guidance.
6. The funds appropriated in
Schedule (2) are for purposes of
Title I, Part A, Section 1116
and 1117 of the federal No
Child Left Behind Act of 2001
(P.L. 107-110) and shall be used
to fund the Local Educational
Agency Corrective Action program
(Program) 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. In the
event that 2011-12 Title I Set
Aside funds are insufficient to
fully fund all local educational
agencies that become eligible,
apply for, and are selected by
the State Board of Education to
receive those federal funds, and
notwithstanding any other
provision of law, the State
Department of Education and the
board shall, in the following
order:
(a) Identify all schools that
qualify to receive, have
applied for, and have
been selected by the
board to receive a 2011-
12 federal School
Improvement Grant and
also are within a local
educational agency that
has been selected by the
board to receive 2011-12
federal Title I Set Aside
funds.
(b) Ensure that schools
identified in subdivision
(a) are excluded for
purposes of calculating
program funding.
(c) Determine the federal
Title I Set Aside grant
amount to be awarded to
each qualifying local
educational agency
pursuant to levels
specified in paragraph
(3) of subdivision (d) of
Section 52055.57 of the
Education Code and
exclude schools
identified in subdivision
(a) of this provision.
(d) In the event that 2011-12
federal Title I Set Aside
funds are insufficient to
fully fund all eligible
Corrective Action program
local educational
agencies, the board shall
proportionately reduce
each Corrective Action
program grant so that all
approved local
educational agencies may
be funded with the
maximum amount of Title I
Set Aside funds possible.
7. The funds appropriated in
Schedule (3) are for the purpose
of supporting three-year school
improvement grants and shall be
disbursed to local educational
agencies in three annual
installments.
8. Of the funds appropriated in
Schedule (4), $645,000 is
provided in one-time carryover
funds to support the existing
program.
9. Of the funds appropriated in
Schedule (2), $5,700,000 is
provided in one-time carryover
funds to support the existing
program.
10. Of the funds appropriated in
Schedule (3), $226,000 is
provided in one-time carryover
funds to support the existing
program.
11. Of the funds appropriated in
Schedule (4), $21,300,000 is
provided in one-time carryover
funds for allocation to all
Title I local educational
agencies and schools using the
state's standard distribution
methodology for the federal
Title I, Part A Basic Program.
12. Of the funds appropriated in
Schedule (4), $3,500,000 is
provided in one-time carryover
funds pursuant to legislation
enacted in the 2011-12
legislative session to support
initial implementation of the
Common Core Standards, including
revising the English Language
Development Standards for
alignment with the Common Core
Standards in English language
arts, providing professional
development on Common Core
Standards, and establishing a
state-level process for approval
of supplemental instructional
materials aligned to the Common
Core Standards.
SEC. 322. Item 6110-136-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
6110-136-0890--For local assistance,
Department of Education, Program 10.30-
Instruction, payable from the Federal Trust
Fund......................................... 8,578,000
Schedule:
(1) 10.30.065-McKinney-Vento
Homeless Children
Education.................. 7,368,000
(2) 10.30.030-Title I-Even
Start Program.............. 1,210,000
Provisions:
1. Of the funds appropriated in
Schedule (1), $600,000 is provided
in one-time carryover funds to
support the existing program.
2. Of the funds appropriated in
Schedule (2), $1,210,000 is provided
in one-time carryover funds to
support the existing program.
SEC. 323. Item 6110-137-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
6110-137-0890--For local assistance,
Department of Education, Program 20.10.005-
Rural and Low Income Schools Grant, payable
from the Federal Trust Fund.................... 1,291,000
Provisions:
1. Of the funds appropriated in this
item, $62,000 is provided in one-time
carryover funds to support the
existing program.
SEC. 324. Item 6110-156-0890 of Section 2.00 of the Budget Act of
2011 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........................ 87,659,000
Provisions:
1. The State Department of Education
shall reimburse claims from
qualifying community-based
organizations that provide adult
basic education under this item
on a quarterly basis.
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
department's staff of
auditors, or (3) in-house
auditors, if the entity
receiving funds pursuant
to this item is a public
agency, and if the public
agency has internal staff
that performs auditing
functions and meets the
tests of independence
found in 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
department costs incurred
in obtaining an
independent audit if the
contractor fails to
produce or submit an
acceptable audit.
(b) Notwithstanding any other
provision of law, the
State Department of
Education shall annually
submit to the Governor,
Joint Legislative Budget
Committee, and Joint
Legislative Audit
Committee limited-scope
audit reports of all
subrecipients it is
responsible for
monitoring that receive
between $25,000 and
$500,000 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
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 department shall
contract for the limited-
scope audits with a
certified public
accountant possessing a
valid license to practice
within the state or with
an independent auditor.
3. On or before March 1 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, $3,100,000 is provided in
one-time carryover funds for the
federal Adult Education Program.
SEC. 325. Item 6110-161-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
6110-161-0001--For local assistance,
Department of Education (Proposition
98), Program 10.60-Special Education
Programs for Exceptional Children........ 3,117,119,000
Schedule:
(1) 10.60.050.003-
Special education 3,046,216,00
instruction......... 0
(2) 10.60.050.080-Early
Education Program
for Individuals
with Exceptional
Needs............... 85,298,000
(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
2011-12 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 $13,195,000,
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 $10,081,000,
plus any cost-of-living
adjustment, shall be available
for the purposes of vocational
training and job placement for
special education pupils through
Project Workability I pursuant
to Article 3 (commencing with
Section 56470) of Chapter 4.5 of
Part 30 of Division 4 of Title 2
of the Education Code. As a
condition of receiving these
funds, each local educational
agency shall certify that the
amount of nonfederal resources,
exclusive of funds received
pursuant to this provision,
devoted to the provision of
vocational education for
special education pupils shall
be maintained at or above the
level provided in the 1984-85
fiscal year. The Superintendent
of Public Instruction may waive
this requirement for local
educational agencies that
demonstrate that the requirement
would impose a severe hardship.
4. Of the funds appropriated in
Schedule (1), up to $5,258,000,
plus any cost-of-living
adjustment (COLA), shall be
available for regional
occupational centers and
programs that serve pupils
having disabilities; up to
$88,542,000, plus any COLA,
shall be available for
regionalized program specialist
services; and up to $2,687,000,
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
$179,930,000, 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
2011-12 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 2011-12 fiscal year
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 available only to
provide mental health related
services, including out-of-home
residential services for
emotionally disturbed
pupils, 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.). The Superintendent of
Public Instruction shall
allocate these funds to special
education local plan areas on a
one-time basis in the 2011-12
fiscal year based upon an equal
rate per pupil using the
methodology specified in Section
56836.07 of the Education Code.
19. Of the amount provided in
Schedule (1), $0 is to reflect a
cost-of-living adjustment.
20. Of the amount provided in
Schedule (2), $0 is to reflect a
cost-of-living adjustment.
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, 2012, 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 an adjustment
to the base funding of 0.23
percent for the annual
adjustment in statewide 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. 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.
26. Of the amount specified in
Schedule (1), $218,786,000 shall
be available only to provide
mental health related services,
including out-of-home
residential services for
emotionally disturbed pupils,
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 as
described in Section 56363 of
the Education Code. The
Superintendent of Public
Instruction shall allocate these
funds to special education local
plan areas in the 2011-12 fiscal
year based upon an equal rate
per pupil using the methodology
specified in Section 56836.07 of
the Education Code.
27. Of the amount specified in
Schedule (1), up to $3,000,000
shall be made available to the
Superintendent of Public
Instruction, in collaboration
with the Department of Finance
and the Legislative Analyst, and
subject to approval by the
Department of Finance, to
administer an extraordinary cost
pool associated with mental
health related services,
including out-of-home
residential services for
emotionally disturbed pupils,
for necessary small special
education local plan areas as
defined in Section 56212 of the
Education Code.
SEC. 326. Item 6110-161-0890 of Section 2.00 of the Budget Act of
2011 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................................... 1,229,085,000
Schedule:
(1) 10.60.050.012-Local
Agency Entitlements,
IDEA Special
Education............ 1,042,289,000
(2) 10.60.050.013-State
Agency Entitlements,
IDEA Special
Education............ 1,759,000
(3) 10.60.050.015-IDEA,
Local Entitlements,
Preschool Program.... 67,066,000
(4) 10.60.050.021-IDEA,
State Level
Activities........... 74,614,000
(5) 10.60.050.030-P.L.
99-457, Preschool
Grant Program........ 37,747,000
(6) 10.60.050.031-IDEA,
State Improvement
Grant, Special
Education............ 2,716,000
(7) 10.60.050.032-IDEA,
Family Empowerment
Centers.............. 2,794,000
(8) 20.80.002-
Supplemental Grants:
Newborn Hearing
Grant................ 100,000
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 $1,215,790,000, at
least 95 percent of the funds
received in excess of that amount
shall be allocated for local
entitlements and to state agencies
with approved local plans. Up to 5
percent of the amount received in
excess of $1,215,790,000 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
are less than $1,215,790,000, the
reduction shall be taken in other
state-level activities.
2. The funds appropriated in Schedule
(2) shall be distributed to state-
operated programs serving disabled
children from 3 to 21 years of
age, inclusive. In accordance with
federal law, the funds
appropriated in Schedules (1) and
(2) shall be distributed to local
and state agencies on the basis of
the federal Individuals with
Disabilities Education Act (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
available only for the purpose of
providing mental health related
services, including out-of-home
residential services for
emotionally disturbed pupils,
required by an individualized
education program pursuant to the
federal Individuals with
Disabilities Education Act of 2004
(20 U.S.C. Sec. 1400 et seq.) and
as described in Section 56363 of
the Education Code. The
Superintendent of Public
Instruction shall allocate these
funds to special education local
plan areas on a one-time basis in
the 2011-12 fiscal year as follows:
(a) The Superintendent of
Public Instruction shall
allocate these funds to
each special education
local plan area using data
available from the
California Special
Education Management
Information System
(CASEMIS) as of December 1,
2010. Each special
education local plan area
shall receive funding in an
amount equal to the
applicable of the following:
(1) $3,607 for each
pupil whose
individualized
education program
requires one or more
of the following
mental health
related services:
individual
counseling,
counseling and
guidance, parent
counseling, social
work services, or
behavior
intervention
services.
(2) Twice the amount
specified in
paragraph (1) for
each pupil whose
individualized
education program
requires
psychological
services.
(3) Four times the
amount specified in
paragraph (1) for
each pupil whose
individualized
education program
requires day
treatment services.
(4) Nine times the
amount specified in
paragraph (1) for
each pupil whose
individualized
education program
requires mental
health related
residential
treatment services.
(b) The Superintendent of
Public Instruction shall
count individual pupils in
only one of the four
categories set forth in
paragraphs (1) to (4),
inclusive, of subdivision
(a), based on the most
intensive level of services
required by the pupil's
individualized education
program.
(c) If the overall funding
allocation is
insufficient to fully fund
the amount set forth in
subdivision (a), or if
there is excess funding
available, the
Superintendent of Public
Instruction shall adjust
the amount specified in
paragraph (1) of
subdivision (a), and the
corresponding amounts
specified in paragraphs (2)
to (4), inclusive, of
subdivision (a), in order
to match the full
allocation.
(d) It is the intent of the
Legislature that any funds
appropriated for the 2012-
13 fiscal year for the
purpose of providing the
mental health related
services identified in this
provision shall be
allocated based on an equal
rate per pupil using a
methodology specified in
Section 56836.07 of the
Education Code and using
average daily attendance
for the 2011-12 fiscal year.
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 (4), 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
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.
12. Of the funds appropriated in
Schedule (6), $520,000 is provided
in one-time carryover funds to be
used for professional development
in the area of mental health
services, to the extent permitted
by the federal State Improvement
Grant Program.
SEC. 327. Item 6110-166-0001 of Section 2.00 of the Budget Act of
2011 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............. 26,730,000
Schedule:
(1) 10.70.070.001-
California
Partnership
Academies........... 23,490,000
(2) 10.70.070.002-
""Green''
California
Partnership
Academies........... 2,922,000
(2.5) 10.70.070.003-
""Clean''
Technology
Partnership
Academies........... 3,240,000
(3) Reimbursements...... -2,922,000
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 Chapter 757 of the
Statutes of 2008.
4. The amount appropriated in this
item shall be reduced pursuant
to Section 12.42.
5. Notwithstanding any other
provision of law, the funds
appropriated in Schedule (2)
reflect carryover funds that
are available for encumbrance
until June 30, 2013.
6. Notwithstanding Provisions 1
and 2, the funds appropriated
in Schedule (2.5) shall be
available consistent with
Article 5.5 (commencing with
Section 54698) of Chapter 9 of
Part 29 of Division 4 of Title
2 of the Education Code.
SEC. 328. Item 6110-166-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
6110-166-0890--For local assistance,
Department of Education, Program 10.70-
Vocational Education, payable from the
Federal Trust Fund......................... 116,218,000
Provisions:
1. The funds appropriated in this
item include federal Carl D.
Perkins Career and Technical
Education Act of 2006 (P.L.
109-270) 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, $6,284,000 is
provided in one-time carryover
funds to support the existing
program.
SEC. 329. Item 6110-170-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
6110-170-0001--For local assistance, Department of
Education, pursuant to Section 88532 of the Education
Code.................................................. 0
Schedule:
(1) 20.40.800-Career Technical
Education.................. 18,486,000
(2) Reimbursements............. -18,486,000
Provisions:
1. Funding in this item shall be provided
through a transfer from Schedule (21) of
Item 6870-101-0001, and from the Quality
Education Investment Act, in accordance
with Section 52055.770 of the Education
Code, pursuant to an interagency agreement
between the Office of the Chancellor
of
the California Community Colleges and
the State Department of Education.
2. The amounts in this item may be adjusted
by budget revision to conform to the
interagency agreement between the
Chancellor of the California Community
Colleges and the Department of Education
if approved by the Department of Finance.
3. Of the funds appropriated in this item,
$3,486,000 is provided in one-time
reimbursement carryover funds to support
the existing program.
SEC. 330. Item 6110-180-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
6110-180-0890--For local assistance,
Department of Education, Program 20.10.025-
Educational Technology, payable from the
Federal Trust Fund........................... 490,000
Schedule:
(1) 20.10.025.010-Formula
Grants..................... 257,000
(2) 20.10.025.011-Competitive
Grants..................... 4,000
(3) 20.10.025.013-California
Technology Assistance
Project.................... 229,000
Provisions:
1. The funds appropriated in Schedule
(1) shall be allocated as formula
grants to school districts pursuant
to the federal Enhancing Education
Through Technology program. Of the
funds appropriated in Schedule (1),
$257,000 is provided in one-time
carryover funds.
2. The funds appropriated in Schedule
(2) are available for competitive
grants pursuant to Chapter 8.9
(commencing with Section 52295.10)
of Part 28 of Division 4 of Title 2
of the Education Code and the
federal Enhancing Education Through
Technology program. The eligibility
criteria for these grants shall be
consistent with federal law and
target local educational agencies
with high numbers or percentages of
children from families with incomes
below the poverty line and one or
more schools either qualifying for
federal school improvement or
demonstrating substantial technology
needs. Of the funds appropriated in
Schedule (2), $4,000 is provided in
one-time carryover funds.
3. The funds appropriated in Schedule
(3) are provided for the California
Technology Assistance Project to
provide technical assistance and
support to the program. Of the funds
appropriated in Schedule (3),
$229,000 is provided in one-time
carryover funds.
SEC. 331. Item 6110-193-0890 of Section 2.00 of the Budget Act of
2011 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) 23,501,00
payable from the Federal Trust Fund.......... 0
Provisions:
1. Of the funds appropriated in
this item, $4,000,000 is
provided in one-time carryover
funds.
SEC. 332. Item 6110-195-0890 of Section 2.00 of the Budget Act of
2011 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........................ 262,666,000
Schedule:
(1) 20.60.280-Improving
Teacher Quality
Local Grants........ 255,309,000
(2) 20.60.270-
Administrator
Training Program.... 2,382,000
(3) 20.60.190.300-
California Subject
Matter Projects..... 4,975,000
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 of each year, 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.
4. Of the funds appropriated in
Schedule (1), $475,000 is
provided in one-time carryover
for Improving Teacher
Quality Local Grants. None of
these funds shall be used for
additional indirect
administrative costs.
5. Of the funds appropriated in
Schedule (2), $1,107,000 is
provided in one-time carryover
for the Administrator Training
Program. None of these funds
shall be used for additional
indirect administrative costs.
6. Of the funds appropriated in
Schedule (3), $1,408,000 is
provided in one-time carryover
for transfer to the University
of California and shall be used
for Subject Matter Projects.
None of these funds shall be
used for additional indirect
administrative costs.
SEC. 333. Item 6110-196-0001 of Section 2.00 of the Budget Act of
2011 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...................... 1,360,916,000
Schedule:
(1) 30.10.010-Special
Program, Child
Development, Preschool 373,695,
Education................. 000
(1.5 30.10.020-Child Care 1,530,27
) Services.................. 1,000
(a) 30.10.020.
001-
Special
Program,
Child
Developmen
t,
General
Child
Developmen
t 685,923,00
Programs.. 0
(c) 30.10.020.
004-
Special
Program,
Child
Developmen
t,
Migrant
Day Care.. 29,085,000
(d) 30.10.020.
007-
Special
Program,
Child
Developmen
t,
Alternativ
e Payment 216,586,00
Program... 0
(e) 30.10.020.
011-
Special
Program,
Child
Developmen
t,
Alternativ
e Payment
Program-- 390,265,00
Stage 2... 0
(f) 30.10.020.
012-
Special
Program,
Child
Developmen
t,
Alternativ
e
Payment
Program--
Stage 3 130,906,00
Setaside.. 0
(g) 30.10.020.
008-
Special
Program,
Child
Developmen
t,
Resource
and
Referral.. 18,688,000
(j) 30.10.020.
096-
Special
Program,
Child
Developmen
t,
Allowance
for
Handicappe
d......... 1,620,000
(k) 30.10.020.
106-
Special
Program,
Child
Developmen
t,
California
Child
Care
Initiative
.......... 225,000
(l) 30.10.020.
901-
Special
Program,
Child
Developmen
t,
Quality
Improvemen
t......... 49,654,000
(n) 30.10.020.
920-
Special
Program,
Child
Developmen
t, Local
Planning
Councils.. 3,319,000
(o) 30.10.020.
014-
Special
Program,
Child
Developmen
t,
Accounts
Payable... 4,000,000
(3) Amount payable from the
Federal Trust Fund (Item -543,050
6110-196-0890)............ ,000
Provisions:
2. (a) 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, the
California Community
Colleges, and the State
Department of Social Services
in various programs under the
jurisdiction of these
departments.
(b) The funds appropriated in
this item for the cost of
licensed child care services
provided through alternative
payment or voucher programs,
including those provided
under Article 3 (commencing
with Section 8220) and
Article 15.5 (commencing with
Section 8350) of Chapter 2 of
Part 6 of Division 1 of Title
1 of the Education Code,
shall be used only to
reimburse child care costs up
to the 85th percentile of the
rates charged by providers
offering the same type of
child care for the same age
child in that region, based
on the 2005 Regional Market
Rate Survey data.
(c) Effective July 1, 2011, the
funds appropriated in this
item for the cost of license-
exempt 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 license-exempt
child care costs up to 60
percent of the regional
reimbursement rate limits
established for family child
care homes.
3. Of the amount appropriated in
Schedule (1), $50,000,000 is
available for prekindergarten and
family literacy preschool programs
pursuant to Chapter 211 of the
Statutes of 2006. Of the amount
appropriated in Schedule (1),
$5,000,000 is available for the
provision of wraparound care to
children enrolled in state
preschool programs. The
Superintendent of Public
Instruction shall assign priority
for these funds to children
enrolled in prekindergarten and
family literacy preschool programs
authorized by Section 8238.4 of
the Education Code.
4. Funds in Schedule (1.5)(l) shall
be reserved for activities to
improve the quality and
availability of child care,
pursuant to the following:
(a) $2,085,639 is for the
schoolage care and resource
and referral earmark.
(b) $11,698,772 is for the infant
and toddler earmark and shall
be used for increasing the
supply of quality child care
for infants and toddlers.
(c) $3,178,000 in one-time
federal funding is available
for use in the 2011-12 fiscal
year. These 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: $0 to train former
CalWORKs recipients as child
care teachers, 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; $0 for training
license-exempt child care
providers, with priority
given to participants serving
subsidized children;
$8,000,000 from federal funds
for contracting with the
State Department of Social
Services (DSS) for increased
inspections of child care
facilities; $960,000 for
Trustline registration
workload (Chapter 3.35
(commencing with Section
1596.60) of Division 2 of the
Health and Safety Code); and
$455,000 for health and
safety training for
licensed and exempt child
care providers. 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.
5. Of the amount appropriated in
Schedule (1.5)(l), $10,750,000
shall be for child care worker
recruitment and retention programs
pursuant to Section 8279.7 of the
Education Code, and $291,000 shall
be for the Child Development
Training Consortium.
6. (a) The State Department of
Education (SDE) shall conduct
monthly analyses of CalWORKs
Stage 2 and Stage 3 caseloads
and expenditures and adjust
agency contract maximum
reimbursement amounts and
allocations as necessary to
ensure funds are distributed
proportionally to need. The
SDE shall share monthly
caseload analyses with the
State Department of Social
Services (DSS).
(b) The SDE shall provide
quarterly information
regarding the sufficiency of
funding for Stage 2 and Stage
3 to DSS. The SDE shall
provide caseloads,
expenditures, allocations,
unit costs, family fees, and
other key variables and
assumptions used in
determining the sufficiency
of state allocations.
Detailed backup by month and
on a county-by-county basis
shall be provided to the DSS
at least on a quarterly basis
for comparisons with Stage 1
trends.
(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 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.
7. Notwithstanding any other
provision of law, the funds in
Schedule (1.5)(f) are reserved
exclusively for continuing child
care for the following: (a) former
CalWORKs families who are working,
have left cash aid, and have
exhausted their two-year
eligibility for transitional
services in either Stage 1 or 2
pursuant to subdivision (c) of
Section 8351 or Section 8353 of
the Education Code, respectively,
but still meet eligibility
requirements for receipt of
subsidized child care services,
and (b) families who received lump-
sum diversion payments or
diversion services under Section
11266.5 of the Welfare and
Institutions Code and have spent
two years in Stage 2 off of cash
aid, but still meet eligibility
requirements for receipt of
subsidized child care services.
8. Nonfederal funds appropriated in
this item which have been budgeted
to meet the state's Temporary
Assistance for Needy Families
maintenance-of-effort requirement
established pursuant to the
federal Personal Responsibility
and Work Opportunity
Reconciliation Act of 1996 (P.L.
104-193) may not be expended in
any way that would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
9. (a) Notwithstanding any other
provision of law, the income
eligibility limits pursuant
to Section 8263.1 of the
Education Code that were in
effect for the 2007-08 fiscal
year shall be reduced to 70
percent of the state median
income that was in use
for the 2007-08 fiscal year,
adjusted for family size,
effective July 1, 2011.
(b) Notwithstanding any other
provision of law, the family
fee schedule that was in
effect for the 2007-08, 2008-
09, 2009-10, and 2010-11
fiscal years shall be
adjusted to reflect the
income eligibility limits
specified in subdivision (a)
for the 2011-12 fiscal year,
and shall retain a flat fee
per family. The revised fee
schedule shall begin at
income levels at which
families currently begin
paying fees. The revised
family fees shall not exceed
10 percent of the family's
monthly income. The
Department of Education shall
first submit the adjusted fee
schedule to the Department of
Finance for approval in order
to be implemented by July 1,
2011.
10. 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.
11. The amounts provided in Schedules
(1), (1.5)(a), (1.5)(c), (1.5)(d),
and (1.5)(j) of this item reflect
a reduction to the base funding of
0.67 percent for a decline in the
population of 0-4 year-olds.
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. If the Department of Education has
not provided the study on the
characteristics of families and
costs of care by March 1, 2011, as
required by Provision 13 of Item
6110-196-0001 of the Budget Act of
2010 (Chapter 712, Statutes of
2010) or by June 30, 2011, it
shall provide the study to the
Department of Finance, the
Legislative Analyst, and the
Department of Social Services
along with the data files, as soon
as practicable but no later than
August 1, 2011. The Department of
Education shall ensure that the
characteristics of families and
costs of care in CalWORKs Stage 1
are included in the study, as
intended by the Administration and
the Legislature.
14. 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.
15. Notwithstanding any other
provision of law, the Local
Planning Councils shall meet the
requirements of Section 8499.5 of
the Education Code to the extent
feasible and to the extent data is
readily accessible.
17. Notwithstanding any other
provision of law, the
implementation of Provisions 2, 9,
19, and 20 are not subject to the
appeal and resolution procedures
for agencies that contract
with the Department of Education
for the provision of child care
services or the due process
requirements afforded to families
that are denied services specified
in Chapter 19 of Division 1 of
Title 5 of the California Code of
Regulations.
18. Notwithstanding the rulemaking
provisions of the Administrative
Procedure Act (Chapter 3.5
(commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of
the Government Code), the State
Department of Social Services or
State Department of Education may
implement Provisions 2, 9, 19, and
20 through all-county letters,
management bulletins, or similar
instructions.
19. The amounts appropriated in
Schedules (1), Preschool
Education, (1.5)(a), General Child
Care, (1.5)(c), Migrant Day Care,
(1.5)(d), Alternative Payment
Program, (1.5)(f), CalWORKs Stage
3, and (1.5)(j), Allowance for
Handicapped, reflect a reduction
of 11 percent, to be effective
July 1, 2011, to all contracts.
The State Department of Education
may consider the contractor's
performance or whether the
contractor serves children in
underserved areas as defined in
subdivision (ag) of Section 8208
of the Education Code when
determining contract reductions,
provided that the aggregate
reduction to each program
specified above is 11 percent.
20. Notwithstanding any other
provision of law, families shall
be disenrolled from subsidized
child care services consistent
with the priorities for services
specified in subdivision (b) of
Section 8263 of the Education
Code. Families shall be
disenrolled in the following
order: (a) families whose income
exceeds 70 percent of the state
median income (SMI) adjusted for
family size, except for families
whose children are receiving child
protective services or are at risk
of being neglected or abused, (b)
families with the highest income
below 70 percent of the SMI
adjusted for family size, (c) of
families with the same income
level, those that have been
receiving child care services for
the longest period of time, (d) of
families with the same income
level, those that have a child
with exceptional needs, and (e)
families with children who are
receiving child protective
services or are at risk of being
neglected or abused, regardless of
family income.
SEC. 334. Item 6110-196-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
6110-196-0890--For local assistance,
Department of Education, Program 30--
Child Development Programs, payable from
the Federal Trust Fund..................... 543,050,000
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, $3,178,000 is
available on a one-time basis
for quality projects from
federal Child Care and
Development Block Grant funds
appropriated prior to the 2011-
12 federal fiscal year.
5. Of the funds appropriated in
this item, $335,000 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 2011-12 federal fiscal
year.
SEC. 335. Item 6110-197-0890 of Section 2.00 of the Budget Act of
2011 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........ 157,605,000
Schedule:
(1) 30.10.080-Special
Program, Child
Development, 21st
Century
Community Learning
Centers Program..... 157,605,000
Provisions:
1. The State Department of
Education shall provide an
annual report to the Legislature
and Director of Finance by April
30 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 $25,988,000 is available
from one-time carryover funds
from prior years.
3. The State Department of
Education shall, by March 1 of
each year, provide a report to
the Director of Finance and the
Legislative Analyst's Office
that includes, but is not
limited to, 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. 336. Item 6110-199-0890 of Section 2.00 of
the Budget Act of 2011 is amended to read:
6110-199-0890--For local assistance,
Department of Education, American Recovery
and Reinvestment Act (P.L. 111-5), payable
from the Federal Trust Fund................. 3,551,000
Provisions:
1. The funds appropriated in this item
are made available through a three-
year grant under the American
Recovery and Reinvestment Act to
support the activities of the
Early Learning Advisory Council
(ELAC) established pursuant to
Executive Order S-23-09. The State
Department of Education shall
allocate these funds in a manner
consistent with the state's
approved application for these
funds and as further directed by
the ELAC.
2. Of the funds appropriated in this
item, $117,000 shall be transferred
to Item 6110-001-0890 for state
operations costs to support the
activities of the Early
Learning Advisory Council, subject
to approval of a budget revision by
the Department of Finance.
SEC. 337. Item 6110-201-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
6110-201-0890--For local assistance,
Department of Education, Program 30.20-
Child Nutrition, payable from the
Federal Trust Fund....................... 2,202,181,000
Schedule:
(1) 30.20.010-Child 2,173,181,00
Nutrition Programs.. 0
(2) 30.20.040-Summer
Food Service
Program............. 29,000,000
Provisions:
1. Of the amount appropriated in
Schedule (1), $11,973,000 is
provided on a one-time basis for
Fresh Fruit and Vegetable
Program grants to local
educational agencies.
SEC. 338. Item 6110-203-0001 of Section 2.00 of the Budget Act of
2011 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.... 155,232,000
Schedule:
(1) 30.20.010-Child
Nutrition Programs.. 155,574,000
(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, 2012, 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.
3. Of the funds appropriated in
this item, $0 is to reflect a
cost-of-living adjustment.
4. 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
in this item.
5. 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.
6. Of the funds appropriated in
this item, $3,700,000 is for the
purpose of providing a growth
adjustment due to an increase in
the projected number of meals
served.
SEC. 339. Item 6110-211-0001 of Section 2.00 of the Budget Act of
2011 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..... 276,518,000
Schedule:
(1) 20.60.036.003-
Instructional
Support:
Categorical
Programs for
Charter Schools..... 190,627,000
(2) 20.60.036.006-
Instructional
Support: Economic
Impact Aid for
Charter Schools..... 85,891,000
Provisions:
1. The State Department of
Education shall provide an
estimate of average daily
attendance expected to be
claimed for this item for the
2012-13 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 2012-
13 fiscal year.
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.
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 of this act. 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.
5. The amount appropriated in
Schedule (1) shall be reduced
pursuant to Section 12.42.
SEC. 340. Item 6110-212-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
6110-212-0001--For local assistance,
Department of Education (Proposition 98),
for transfer to Section A of the State
School Fund, Categorical Programs for New
Schools, in accordance with Section 42606
of the Education Code..................... 11,000,000
SEC. 341. Item 6110-240-0890 of Section 2.00 of the Budget Act of
2011 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........................................ 7,232,000
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 2011-12 fiscal year.
SEC. 342. Item 6110-485 of Section 2.00 of the Budget Act of 2011
is amended to read:
6110-485--Reappropriation (Proposition 98),
Department of Education. The sum of $6,824,000
is hereby reappropriated from the Proposition
98 Reversion Account for the following
purposes:
0001-- General Fund
(1) The sum of $6,594,000 to the State
Department of Education for transfer
by the Controller to Section A of the
State School Fund for allocation by
the Superintendent of Public
Instruction for the purpose of funding
CalWORKs Stage 2 child care. The
department shall provide the detailed
schedule of adjustments to Schedules
(1) and (1.5) of Item 6110-196-0001 of
the Budget Act of 2010 (Ch. 712,
Stats. 2010) to the Controller not
later than August 31, 2011. The amount
reappropriated pursuant to this
provision is for use in the 2011-12
fiscal year.
(2) The sum of $230,000 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
California School Information Services
administration activities authorized
pursuant to Schedule (2) of Item 6110-
140-0001.
SEC. 343. Item 6110-488 of Section 2.00 of the Budget Act of 2011
is amended to read:
6110-488--Reappropriation, 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 to 5, inclusive:
0001--General Fund
(1) $24,000,000 of the unexpended
balance of the amount appropriated
for child care programs in
Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2010 (Ch. 712, Stats. 2010)
(2) $6,900,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for Economic Impact Aid in Item
6110-128-0001 of the Budget Act of
2010 (Ch. 712, Stats. 2010)
(3) $20,000,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for special education in Schedule
(1) of Item 6110-161-0001 of the
Budget Act of 2010 (Ch. 712, Stats.
2010)
(4) $15,121,000 of the amount
appropriated for the K-3 Class Size
Reduction program in paragraph (9)
of subdivision (a) of Section
38 of Chapter 12 of the Statutes of
2009
(5) $40,000,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for the Quality Education
Investment Act in the 2010-11
fiscal year pursuant to Section
52055.770 of the Education Code
(6) $23,767,000 of the amount recovered
from the proportional reductions to
Basic Aid School Districts pursuant
to Section 56 of Chapter 7 of the
Statutes of 2011
(7) $9,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the English
Language Learners Supplemental
Instructional Materials program in
paragraph (10) of subdivision (a)
of Section 43 of Chapter 79 of the
Statutes of 2006
(8) $6,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Agricultural
Career Technical Education Program
in Item 6110-167-0001 of the Budget
Act of 2008 (Chs. 268 and 269,
Stats. 2008)
(9) $973,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Class Size
Reduction Program in Item 6110-234-
0001 of the Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(10) $422,000 or whatever greater or
lesser amount represents the
balance available from Schedule (1)
of Item 6870-101-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006), as reappropriated in Item
6870-492 of the Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(11) $902,000 or whatever greater or
lesser amount represents the
balance available from Schedules
(7), (8), and (19) of Item 6870-101-
0001 of the Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(12) $1,039,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Special Education
Instruction in Schedule (2) of Item
6110-161-0001 of the Budget Act of
2009 (Ch. 1, 2009-10 3rd Ex. Sess.,
as revised by Ch. 1, 2009-10 4th
Ex. Sess.)
(13) $82,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Child Nutrition in
Item 6110-651-0001, pursuant to
Section 5 of Chapter 3 of the 2009-
10 Fourth Extraordinary Session, as
amended by Chapter 31 of the 2009-
10 Third Extraordinary Session
(14) $267,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Supplemental
School Counseling Program in Item
6110-108-0001 of the Budget Act of
2010 (Ch. 712, Stats. 2010)
(15) $15,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Special
Education Program in Schedule (2)
of Item 6110-161-0001 of the Budget
Act of 2010 (Ch. 712, Stats. 2010)
(16) $30,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
Partnership Academies in Item 6110-
166-0001 of the Budget Act of 2010
(Ch. 712, Stats. 2010)
(17) $418,000 or whatever greater or
lesser amount reflects the
unexpended balance of the
amount appropriated for the
California High School Exit Exam
Supplemental Instruction program in
Item 6110-204-0001 of the Budget
Act of 2010 (Ch. 712, Stats. 2010)
(18) $369,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Arts and Music
Block Grant program in Item 6110-
265-0001 of the Budget Act of 2010
(Ch. 712, Stats. 2010)
(19) $18,677,000 or whatever greater or
lesser amount represents the
balance available from Schedules
(1), (7), (8), (9), and (19) of
Item 6870-101-0001 of the Budget
Act of 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10
4th Ex. Sess.)
Provisions:
1. The sum of $45,597,000 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction for the purpose of
funding CalWORKs Stage 2 child
care. The department shall provide
the detailed schedule of
adjustments to Schedules (1) and
(1.5) of Item 6110-196-0001 of the
Budget Act of 2010 (Ch. 712, Stats.
2010) to the Controller not later
than August 31, 2011. The amount
reappropriated pursuant to this
provision is for use in the 2011-12
fiscal year.
2. The sum of $5,303,000 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 to support costs during
the 2011-12 fiscal year associated
with the Class Size Reduction
Program operated pursuant to
Chapter 6.10 (commencing with
Section 52120) of Part 28 of
Division 4 of Title 2 of the
Education Code.
3. The sum of $5,673,000 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 to support California
School Information Services
administration activities
authorized pursuant to Schedule (2)
of Item 6110-140-0001.
4. The sum of $81,375,000 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 apportionment for
special education programs pursuant
to Part 30 (commencing with Section
56000) of Division 4 of Title 2 of
the Education Code.
5. The sum of $15,049,000 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction for the purpose of
funding CalWORKs Stage 3 child
care. The amount reappropriated
pursuant to this provision is for
use in the 2011-12 fiscal year.
SEC. 344. Item 6110-490 is added to Section 2.00 of the Budget Act
of 2011, 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 those
appropriations and shall be available for
encumbrance or expenditure until June 30,
2015:
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 2007 (Chs. 171 and
172, Stats. 2007), Budget Act of 2008
(Chs. 268 and 269, Stats. 2008),
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.), and Budget
Act of 2010 (Ch. 712, Stats. 2010)
(1) 80.80.050-Career and Technical
Education Complex and Service
Yard--Working drawings,
construction, and equipment
(2) Item 6110-301-0660, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006),
as reappropriated by Item 6110-490,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008), Budget Act of 2009 (Ch.
1, 2009-10 3rd Ex. Sess., as revised
by Ch. 1, 2009-10 4th Ex. Sess.), and
Budget Act of 2010 (Ch. 712, Stats.
2010)
(1) 80.80.089-Kitchen and Dining Hall
Renovation--Working drawings,
construction, and equipment
(2) 80.80.052-New Gymnasium and Pool
Center--Working drawings,
construction, and equipment
(3) Item 6110-301-0660, Budget Act of
2007 (Chs. 171 and 172, Stats. 2007),
as reappropriated by Item 6110-490,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.), and Budget
Act of 2010 (Ch. 712, Stats. 2010)
(2) 80.80.050-Career and Technical
Education Complex and Service
Yard--Working drawings and
construction
(3) 80.80.065-Academic Support Cores,
Bus Loop, and Renovation--Working
drawings, construction, and
equipment
(4) Item 6110-301-0660, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008),
as reappropriated by Item 6110-490,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.), and Budget
Act of 2010 (Ch. 712, Stats. 2010)
(3) 80.80.089-Kitchen and Dining Hall
Renovation--Construction
SEC. 345. Item 6110-492 is added to Section 2.00 of the Budget Act
of 2011, 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 2010 (Ch. 712,
Stats. 2010) is reappropriated and shall
be available for encumbrance or
expenditure until June 30, 2012, to
contract with mental health or
educational professionals or local
education agencies to support the
involvement of local education 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. 346. Item 6360-001-0408 of Section 2.00 of the Budget Act of
2011 is amended to read:
6360-001-0408--For support of the Commission
on Teacher Credentialing, payable from the
Test Development and Administration Account,
Teacher Credentials Fund..................... 4,779,000
Schedule:
(1) 10-Standards for
Preparation and Licensing
of Teachers............ 4,929,000
(2) Reimbursements............. -150,000
Provisions:
1. The amount appropriated in this item
may be increased for unanticipated
costs of litigation, or for costs
from increases in the number of
examinees, subject to approval of
the Department of Finance, not
sooner than 30 days after
notification in writing to the
chairpersons of the fiscal
committees of each house of the
Legislature and the Chairperson of
the Joint Legislative Budget
Committee.
2. Notwithstanding Section 44234 of the
Education Code, funds that are set
aside for pending litigation costs
shall not be considered part of the
reserve of the Teacher Credentials
Fund for purposes of subdivision (b)
of Section 44234 of the Education
Code.
3. If the funds available in the
Teacher Credentials Fund are
insufficient to meet the operational
needs of the Commission on Teacher
Credentialing, the Department of
Finance may authorize a loan to be
provided from the Test Development
and Administration Account to
the Teacher Credentials Fund. The
Department of Finance shall notify
the Chairperson of the Joint
Legislative Budget Committee, or his
or her designee, of its intent to
request that the Controller transfer
the amount projected to be required
from the Test Development and
Administration Account to the
Teacher Credentials Fund. The
Controller shall transfer those
funds not sooner than 30 days after
this notification.
4. Of the funds appropriated in this
item, $350,000 is provided to
support teacher examination
validation studies and examination
development activities. The
Commission on Teacher Credentialing
shall submit an annual report to the
Department of Finance in September
of each year describing the teacher
examination validation studies and
examination development conducted
during the previous fiscal year.
5. Of the funds appropriated in this
item, $84,000 and 1.0 two-year
limited-term position are available
upon the successful implementation
of the California Longitudinal Pupil
Achievement Data System (CALPADS)
and the written approval of the
Department of Finance and the office
of the Chief Information Officer.
These resources are for the purposes
of providing subject matter
expertise and support in the
development of the California
Longitudinal Teacher Integrated Data
Education System (CALTIDES) with the
State Department of Education. The
limited-term position shall expire
on June 30, 2012.
6. Of the funds appropriated in
Schedules (1) and (2), $150,000 and
1.5 two-year, limited-term
positions are available to support
the development of the California
Longitudinal Teacher Integrated Data
Education System (CALTIDES) project
with the State Department of
Education. The limited-term
positions shall expire on June 30,
2013.
SEC. 347. Item 6440-001-0001 of Section 2.00 of
the Budget Act of 2011 is amended to read:
6440-001-0001--For support of University
of California............................ 2,247,082,000
Schedule:
(1) Support.............. 2,671,691,00
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) San Diego
Supercomputer Center. 3,240,000
(6) Subject Matter
Projects............. 5,000,000
(7) Reimbursements....... -3,000,000
(8) Budget Reduction..... -500,000,000
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 (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.
7. 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.
9. 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, 2012, 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.
10. (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 nursing
programs.
(2) $103,000 for
supplemental
marginal cost
funding for 20
master's degree
level nursing
students.
(b) The reimbursement funds
appropriated in Schedule
(7) reflect Workforce
Investment Act funding
pursuant to an interagency
agreement with the
Employment Development
Department and are
available to support the
full cost of 55
undergraduate, 152
master's degree, and 23
doctoral nursing
enrollments in the 2011-12
academic year.
(c) The University of
California shall report to
the Legislature and the
Governor by May 1, 2012,
on the total enrollment in
the 2011-12 academic year
in the baccalaureate
nursing degree programs,
the entry-level clinical
and master's degree
nursing programs, and the
master's of science in
nursing degree programs.
11. It is the intent of the
Legislature that, 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), no
individual reduction to any
program shall be greater,
proportionally, than the
reduction in overall General Fund
support for the university.
This provision does not apply to
the Preuss School. The university
shall submit a report on funding
levels of SAPEP to the fiscal
committees of each house of the
Legislature no later than April
1, 2012.
13. Of the funds appropriated in
Schedule (1), $3,000,000 shall be
allocated to fund the scheduled
increased personnel cost pursuant
to the memoranda of understanding
between the University of
California and Service Unit (SX),
effective on February 12, 2009.
14. The funds appropriated in
this item shall not be available
to support auxiliary enterprises
or intercollegiate athletics
programs.
15. The unallocated budget reduction
in Schedule (8) may be applied by
the University of California to
the amounts specified in
Provisions 6, 7, and 10, but the
reduction to each of those
amounts may not be proportionally
greater than the overall General
Fund budget reduction to the
University of California system.
SEC. 347. Item 6440-001-0001 of Section 2.00 of
the Budget Act of 2011 is amended to read:
6440-001-0001--For support of University
of California............................ 2,247,082,000
2,097,082,000
Schedule:
(1) Support.............. 2,671,691,00
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) San Diego
Supercomputer Center. 3,240,000
(6) Subject Matter
Projects............. 5,000,000
(7) Reimbursements....... -3,000,000
(8) Budget Reduction..... -500,000,000
-650,000,000
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 (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.
7. 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.
9. 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, 2012, 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.
10. (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 nursing
programs.
(2) $103,000 for
supplemental
marginal cost
funding for 20
master's degree
level nursing
students.
(b) The reimbursement funds
appropriated in Schedule
(7) reflect Workforce
Investment Act funding
pursuant to an interagency
agreement with the
Employment Development
Department and are
available to support the
full cost of 55
undergraduate, 152
master's degree, and
23 doctoral nursing
enrollments in the 2011-12
academic year.
(c) The University of
California shall report to
the Legislature and the
Governor by May 1, 2012,
on the total enrollment in
the 2011-12 academic year
in the baccalaureate
nursing degree programs,
the entry-level clinical
and master's degree
nursing programs, and the
master's of science in
nursing degree programs.
11. It is the intent of the
Legislature that, 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), th n
o se
aggregate reductions shall be no
individual reduction to any
program shall be greater,
greater, proportionally, than the
reduction in overall General Fund
support for the university. This
provision does not apply to the
Preuss School. The university
shall submit a report on funding
levels of SAPEP to the fiscal
committees of each house of the
Legislature no later than April
support 1, 2012 . The
university shall
submit a report on funding levels
of SAPEP to the fiscal committees
of each house of the Legislature
no later than April 1, 2012.
13. Of the funds appropriated in
Schedule (1), $3,000,000 shall be
allocated to fund the scheduled
increased personnel cost pursuant
to the memoranda of understanding
between the University of
California and Service Unit (SX),
effective on February 12, 2009.
14. The funds appropriated in this
item shall not be available to
support auxiliary enterprises or
intercollegiate athletics
programs.
15. The unallocated budget reduction
in Schedule (8) may be applied by
the University of California to
the amounts specified in
Provisions 6, 7, and 10, but the
reduction to each of those
amounts may not be proportionally
greater than the overall General
Fund budget reduction to the
University of California system.
16. The Director of Finance may
augment this item by $150,000,000
if sufficient state General Fund
revenues are available. The
Department of Finance shall
notify the Joint Legislative
Budget Committee of any transfer
made pursuant to this provision.
SEC. 348. Item 6440-001-0234 of Section 2.00 of the Budget Act of
2011 is amended to read:
6440-001-0234--For support of University
of California, payable from the Research
Account, Cigarette and Tobacco Products
Surtax Fund................................ 12,681,000
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, 2014.
SEC. 349. Item 6440-001-8054 of Section 2.00 of the Budget Act of
2011 is amended to read:
6440-001-8054--For support of University of
California, payable from the California
Cancer Research Fund........................ 425,000
Provisions:
1. The funds appropriated in this item
shall be used to conduct cancer
research, education, and prevention
and awareness activities in
accordance with Chapter 330 of the
Statutes of 2008, commencing
with Section 18861.
SEC. 350. Item 6440-301-0668 is added to Section 2.00 of the
Budget Act of 2011, to read:
6440-301-0668--For capital outlay,
University of California, payable from the
Public Buildings Construction Fund
Subaccount................................... 5,735,000
Schedule:
San Diego Campus
(1) 99.06.365-SIO Research
Support Facilities-
-Construction.............. 5,735,000
Provisions:
1. The State Public Works Board may
issue lease-revenue bonds, notes, or
bond anticipation notes pursuant to
Chapter 5 (commencing with Section
15830) of Part 10b of Division 3 of
Title 2 of the Government Code to
finance the design and construction
of the projects authorized by this
item.
2. The University of California is
directed to execute and deliver any
and all leases, contracts,
agreements, or other documents
necessary or advisable to consummate
the sale of bonds or otherwise
effectuate the financing of the
scheduled projects.
3. The State Public Works Board shall
not be deemed to be the lead or
responsible agency for the purposes
of the California Environmental
Quality Act (Division 13 (commencing
with Section 21000) of the Public
Resources Code) for any activities
under the State Building
Construction Act of 1955 (Part 10b
(commencing with Section 15800) of
Division 3 of Title 2 of the
Government Code). This provision
does not exempt the University of
California from the requirements of
the California Environmental Quality
Act. This provision is declaratory
of existing law.
SEC. 351. Item 6440-302-0668 is added to Section 2.00 of the
Budget Act of 2011, to read:
6440-302-0668--For capital outlay,
University of California, payable from the
Public Buildings Construction Fund
Subaccount................................... 39,595,000
Schedule:
Irvine Campus
(1) 99.09.390-Business
Unit 2--Preliminary
plans, working
drawings, and
construction.......... 39,595,000
Provisions:
1. The State Public Works Board may
issue lease-revenue bonds, notes,
or bond anticipation notes
pursuant to Chapter 5 (commencing
with Section 15830) of Part 10b
of Division 3 of Title 2 of the
Government Code to finance the
design and construction of the
projects authorized by this item.
2. The University of California is
directed to execute and deliver
any and all leases, contracts,
agreements, or other documents
necessary or advisable to
consummate the sale of bonds or
otherwise effectuate the
financing of the scheduled
projects.
3. The State Public Works Board
shall not be deemed to be the
lead or responsible agency for
the purposes of the California
Environmental Quality Act
(Division 13 (commencing with
Section 21000) of the Public
Resources Code) for any
activities under the State
Building Construction Act of 1955
(Part 10b (commencing with
Section 15800) of Division 3 of
Title 2 of the Government Code).
This provision does not exempt
the University of California from
the requirements of the
California Environmental Quality
Act. This provision is
declaratory of existing law.
4. Notwithstanding any other
provision of law, the
appropriation made in this item
is available for encumbrance
until June 30, 2016.
5. The project identified in
Schedule (1) may utilize design-
build construction consistent
with practices, policies, and
procedures of the University of
California.
SEC. 352. Item 6440-492 is added to Section 2.00 of the Budget Act
of 2011, to read:
6440-492--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:
0705--1992 Higher Education Capital Outlay Bond
Fund
(1) Item 6440-301-0705, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
Irvine Campus:
(7) 99.09.355-Social and
Behavioral Sciences Building-
-Equipment
0658--1996 Higher Education Capital Outlay Bond
Fund
(1) Item 6440-301-0658, Budget Act of 2010
(Ch. 712, Stats. 2010)
Merced Campus:
(1) 99.11.055-Site Development and
Infrastructure, Phase 4-
-Preliminary plans, working
drawings, construction, and
equipment
San Diego Campus:
(1) 99.06.365-SIO Research Support
Facilities--Preliminary plans
and working drawings
6048--2006 University Capital Outlay Bond Fund
(1) Item 6440-301-6048, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
partially reappropriated by Item 6440-
491, Budget Act of 2007 (Chs. 171 and
172, Stats. 2007), Item 6440-491, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008), and Item 6440-491, Budget Act of
2009 (Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex. Sess.)
Davis Campus:
(1.3) 99.03.355-King Hall Renovation
and Expansion--Construction
Irvine Campus:
(2.5) 99.09.360-Primary Electrical
Improvements Step 3-
-Construction
+
(2) Item 6440-301-6048, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
partially reappropriated by Item 6440-
491, Budget Act of 2008 (Chs. 268 and
269, Stats. 2008), Item 6440-491, Budget
Act of 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10 4th
Ex. Sess.), and Item 6440-492, Budget
Act of 2010 (Ch. 712, Stats. 2010)
Riverside Campus:
(8) 99.05.220-Boyce Hall and
Webber Hall Renovations-
-Construction
San Diego Campus:
(10) 99.06.370-Music Building-
-Equipment
+
(3) Item 6440-301-6048, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
Riverside Campus:
(1) 99.05.190-Materials Science
and Engineering Building-
-Equipment
+
(4) Item 6440-304-6048, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
partially reappropriated by Item 6440-
491, Budget Act of 2008 (Chs. 268 and
269, Stats. 2008), and Item 6440-491,
Budget Act of 2009 (Ch. 1, 2009-10 3rd
Ex. Sess., as revised by Ch. 1, 2009-10
4th Ex. Sess.)
Davis Campus:
(1.5) 99.03.365-Telemedicine
Resource Center and Rural
PRIME Facility--Equipment
+
(5) Item 6440-304-6048, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
Statewide:
(0.5) 99.00.100-Statewide
Telemedicine Services
Expansion--Equipment
San Francisco Campus:
(1) 99.02.155-Telemedicine and
PRIME Urban Underserved
Education Facilities--Equipment
+
(6) Item 6440-305-6048, Budget Act of 2009
(Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex. Sess.)
Los Angeles Campus:
(1) 99.04.290-Telemedicine and
PRIME Facilities Phase 2-
-Construction
+
(7) Item 6440-301-6048, Budget Act of 2010
(Ch. 712, Stats. 2010)
Merced Campus:
(2) 99.11.065-Site Development and
Infrastructure Phase 6-
-Construction
SEC. 353. Item 6440-493 is added to Section 2.00 of the Budget Act
of 2011, to read:
6440-493--Reappropriation, University of California.
Notwithstanding any other provision of law, the
periods to liquidate encumbrances of the following
citations are extended to June 30, 2012:
6048--2006 University Capital Outlay Bond Fund
(1) Item 6440-301-6048, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
partially reappropriated by Item 6440-
491, Budget Act of 2007 (Chs. 171 and
172, Stats, 2007), Item 6440-491, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008), and Item 6440-491, Budget Act of
2009 (Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex. Sess.)
Davis Campus:
(1.3) 99.03.355-King Hall Renovation
and Expansion--Working drawings
Irvine Campus:
(2) 99.09.345-Biological Sciences
Unit 3--Equipment
+
(2) Item 6440-302-6048, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006)
Riverside Campus:
(7) 99.05.215-Geology Building
Renovations, Phase 2-
-Construction
+
(3) Item 6440-301-6048, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007), as
partially reappropriated by Item 6440-
491, Budget Act of 2008 (Chs. 268 and
269, Stats. 2008), Item 6440-491, Budget
Act of 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10 4th
Ex. Sess.), and Item 6440-492, Budget
Act of 2010 (Ch. 712, Stats. 2010)
Berkeley Campus:
(1) 99.01.245-Campbell Hall
Seismic Replacement Building-
-Working drawings
Davis Campus:
(2) 99.03.350-Veterinary Medicine
3B--Working drawings
Riverside Campus:
(8) 99.05.220-Boyce Hall and
Webber Hall Renovations-
-Working drawings
+
(4) Item 6440-302-6048, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
Irvine Campus:
(3) 99.09.370-Arts Building-
-Construction
+
(5) Item 6440-305-6048, Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
Irvine Campus:
(1) 99.09.380-Telemedicine/PRIME
Latino Community Facilities-
-Construction
SEC. 354. Item 6440-494 is added to Section 2.00 of the Budget Act
of 2011, to read:
6440-494--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, and are available for
encumbrance or expenditure until June 30,
2015:
0660--Public Buildings Construction Fund
(1) Item 6440-301-0660, Budget Act of
2010 (Ch. 712, Stats. 2010)
Berkeley Campus:
(1) 99.01.245-Campbell Hall Seismic
Replacement Building--Construction
Los Angeles Campus:
(2) 99.04.325-CHS South Tower Seismic
Renovation--Construction
Santa Barbara Campus:
(3) 99.08.145-Davidson Library
Addition and Renewal--Working
drawings and construction
Merced Campus:
(4) 99.11.050-Science and Engineering
Building 2--Construction
SEC. 354.5. Item 6610-001-0001 of Section 2.00 of
the Budget Act of 2011 is amended to read:
6610-001-0001--For support of California
State University........................... 2,222,713,000
2,072,713,000
Schedule:
(1) Support.............. 2,722,713,000
(2) Budget Reduction..... -500,000,000
-650,000,000
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 East
Bay 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 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.
5. (a) The amount in Schedule (1)
includes $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 full-
time equivalent
students (FTES) in
entry-level master's
degree nursing
programs pursuant to
Article 8
(commencing with
Section 89270) of
Chapter 2 of Part 55
of 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.
(b) The California State
University shall report to
the Legislature and the
Governor by May 1, 2012, on
the total enrollment in the
2011-12 academic year in
the baccalaureate nursing
degree and entry-level
master's degree nursing
programs.
6. 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.
7. It is the intent of the
Legislature that 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 aggregate reductions shall
be no greater, proportionally,
than the reduction in overall
General Fund support. The
university shall submit a report
on the reduction made to these
programs to the fiscal committees
of each house of the Legislature
no later than April 1, 2012.
8. The Director of Finance may
augment this item by $150,000,000
if sufficient state General Fund
revenues are available. The
Department of Finance shall notify
the Joint Legislative Budget
Committee of any transfer made
pursuant to this provision.
SEC. 355. Item 6610-301-0668 is added to Section 2.00 of the
Budget Act of 2011, to read:
6610-301-0668--For capital outlay,
California State University, payable from
the Public Buildings Construction Fund
Subaccount................................ 201,185,000
Schedule:
(1) 06.52.113-Chico:
Taylor II
Replacement
Building--
Construction........ 52,891,000
(2) 06.56.066-Fresno:
Faculty Office/Lab
Building--
Construction........ 9,819,000
(3) 06.64.081-East Bay:
Warren Hall
Replacement
Building--
Preliminary plans,
working drawings
and construction.... 48,975,000
(4) 06.83.004-Channel
Islands: West Hall-
- Construction...... 38,021,000
(5) 06.86.084-San Jose:
Spartan Complex
Seismic Renovation-
- Construction...... 51,479,000
Provisions:
1. The State Public Works Board
may issue lease-revenue bonds,
notes, or bond anticipation
notes pursuant to Chapter 5
(commencing with Section 15830)
of Part 10b of Division 3 of
Title 2 of the Government Code
to finance the design and
construction of the projects
authorized by this item.
2. The California State University
is directed to execute and
deliver any and all leases,
contracts, agreements, or other
documents necessary or
advisable to consummate the
sale of bonds or otherwise
effectuate the financing of the
scheduled projects.
3. The State Public Works Board
shall not be deemed to be the
lead or responsible agency for
the purposes of the California
Environmental Quality Act
(Division 13 (commencing with
Section 21000) of the Public
Resources Code) for any
activities under the State
Building Construction Act of
1955 (Part 10b (commencing with
Section 15800) of Division 3 of
Title 2 of the Government
Code). This provision does not
exempt the California State
University from the
requirements of the
California Environmental
Quality Act. This provision is
declaratory of existing law.
SEC. 356. Item 6610-301-6028 is added to Section 2.00 of the
Budget Act of 2011, to read:
6610-301-6028--For capital outlay, California
State University, payable from the 2004
University Capital Outlay Bond Fund........... 648,000
Schedule:
Los Angeles Campus
(1) 06.73.096-Los Angeles:
Corporation Yard and Public
Safety--Equipment............ 648,000
Provisions:
1. Identified savings in funds
encumbered from this general
obligation bond fund for construction
contracts for capital outlay
projects, remaining after completion
of a capital outlay project and upon
resolution of all change orders and
claims, may be used prior to the
appropriation reversion date: (a) to
begin working drawings for a project
for which preliminary plans funds
have been appropriated and the plans
have been approved by the State
Public Works Board consistent with
the scope and cost approved by the
Legislature as adjusted for inflation
only, (b) to proceed further with the
underground tank correction program,
(c) to perform engineering
evaluations on buildings that
have been identified as potentially
in need of seismic retrofitting, or
(d) to proceed with design and
construction of projects to meet
requirements under the federal
Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101 et seq.).
SEC. 357. Item 6610-401 of Section 2.00 of the Budget Act of 2011
is amended to read:
6610-401--Identified savings in funds
encumbered from the Higher Education
Capital Outlay Bond Funds of 1996, 1998,
2002, and 2004, and from the 2006
University Capital Outlay Bond Fund, for
capital outlay projects, remaining after
completion of a capital outlay project and
upon resolution of all change orders and
claims, may be used: (a) to begin working
drawings for a project for which
preliminary plan funds have been
appropriated and the plans have been
approved by the State Public Works Board
consistent with the scope and cost approved
by the Legislature as adjusted for
inflation only, (b) to proceed further with
the underground tank corrections program,
(c) to perform engineering evaluations on
buildings that have been identified as
potentially in need of seismic
retrofitting, (d) to proceed with design
and construction of projects to meet
requirements under the federal Americans
with Disabilities Act of 1990 (42 U.S.C.
Sec. 12101 et seq.), or (e) to fund minor
capital outlay projects.
No later than November 1 of each year,
the California State University shall
prepare a report showing (a) the
identified savings by project and (b)
the purpose for which the identified
savings were used. This report shall be
submitted to the Chairperson of the
Joint Legislative Budget Committee and
to the chairpersons of the fiscal
committees of each house of the
Legislature.
SEC. 358. Item 6610-492 is added to Section 2.00 of the Budget Act
of 2011, to read:
6610-492--Reappropriation, California State
University. 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:
0658--1996 Higher Education Capital
Outlay Bond Fund
(1) Item 6610-301-0658, Budget Act of
2010 (Ch. 712, Stats. 2010)
Chico Campus:
(1) 06.52.113-Taylor II Replacement
Building--Preliminary plans and
working drawings
Fresno Campus:
(2) 06.56.066-Faculty Office/Lab
Building--Preliminary plans and
working drawings
Channel Islands Campus:
(3) 06.83.004-West Hall--Preliminary
plans and working drawings
San Jose Campus:
(4) 06.86.084-Spartan Complex
Renovation (Seismic)--Preliminary
plans and working drawings
SEC. 359. Item 6610-493 is added to Section 2.00 of the Budget Act
of 2011, to read:
6610-493--Reappropriation, California State
University. Notwithstanding any other
provision of law, the period to liquidate
encumbrances of the following citations is
extended to June 30, 2012:
0574--1998 Higher Education Capital
Outlay Bond Fund
(1) Item 6610-301-0574, Budget Act of
2007 (Chs. 171 and 172, Stats. 2007),
as reappropriated by Item 6610-492,
Budget Act of 2010 ( Ch. 712, Stats.
2010)
Systemwide:
(1) 06.48.315-Minor Capital Outlay-
-Preliminary plans, working
drawings, and construction
6028--2002 Higher Education Capital
Outlay Bond Fund
(1) Item 6610-301-6028, Budget Act of
2007 (Chs. 171 and 172, Stats. 2007),
as partially reappropriated by Item
6610-492, Budget Act of 2010 (Ch.
712, Stats. 2010)
Systemwide:
(1) 06.48.315-Minor Capital Outlay-
-Preliminary plans, working
drawings, and construction
Monterey Campus:
(2) 06.74.006-Monterey Bay Library-
-Equipment
6041--2004 Higher Education Capital
Outlay Bond Fund
(1) Item 6610-302-6041, Budget Act of
2005 (Chs. 38 and 39, Stats. 2005),
as partially reappropriated by Item
6610-491 and as partially reverted by
Item 6610-496, Budget Act of 2006
(Chs. 47 and 48, Stats. 2006), as
partially reappropriated by Item 6610-
491, Budget Act of 2007 (Chs. 171 and
172, Stats. 2007), and as partially
reappropriated by Item 6610-492,
Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.), and Item 6610-
492, Budget Act of 2010 (Ch. 712,
Stats. 2010)
Fresno Campus:
(3) 06.56.093-Library Addition and
Renovation--Construction
6048--2006 University Capital Outlay Bond
Fund
(1) Item 6610-301-6048, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006)
Long Beach Campus:
(4) 06.71.110-Peterson Hall 3
Replacement--Construction
(2) Item 6610-301-6048, Budget Act of
2006 (Chs. 47 and 48, Stats. 2006),
as partially reappropriated by Item
6610-492, Budget Act of 2009 (Ch. 1,
2009-10 3rd Ex. Sess., as revised by
Ch. 1, 2009-10 4th Ex. Sess.)
Systemwide:
(1) 06.48.315-Minor Capital Outlay-
-Preliminary plans, working
drawings, and construction
(3) Item 6610-302-6048, Budget Act of
2007 (Chs. 171 and 172, Stats. 2007)
Fresno Campus:
(3) 06.56.093-Library Addition and
Renovation--Equipment
SEC. 360. Item 6610-495 is added to Section 2.00 of the Budget Act
of 2011, to read:
6610-495--Reversion, California State
University. As of June 30, 2011, the balance
of the appropriation provided in the
following citation shall revert to the fund
from which the appropriation was made:
0574--1998 Higher Education Capital
Outlay Bond Fund
(1) Item 6610-301-0574, Budget Act of
2009 (Ch. 1, 2009-10 3rd Ex. Sess.,
as revised by Ch. 1, 2009-10 4th Ex.
Sess.)
(1) 06.73.096-Los Angeles:
Corporation Yard and Public
Safety--Equipment
SEC. 361. Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2011
is amended to read:
6870-101-0001--For local assistance, Board of
Governors of the California Community Colleges 2,901,299
(Proposition 98)............................... ,000
Schedule:
(1) 10.10.010-Apportionments..... 2,503,954
,000
(2) 10.10.020-Apprenticeship..... 7,174,000
(3) 10.10.030-Growth for
Apportionments............... 0
(4) 20.10.004-Student Success 20,037,00
for Basic Skills Students.... 0
(5) 20.10.005-Student Financial 56,741,00
Aid Administration........... 0
(6) 20.10.020-Disabled Students.. 69,223,00
0
(7) 20.10.045-Special Services 26,695,00
for CalWORKs Recipients...... 0
(8) 20.10.060-Foster Care
Education Program............ 5,254,000
(9) 20.10.070-Matriculation...... 49,183,00
0
(10 20.20.020-Academic Senate
) for the Community Colleges... 318,000
(11 20.20.041-Equal Employment
) Opportunity pursuant to Ch.
1169, Stats. 2002............ 767,000
(12 20.20.050-Part-time Faculty
) Health Insurance............. 490,000
(13 20.20.051-Part-time Faculty 24,907,00
) Compensation................. 0
(14 20.20.055-Part-time Faculty
) Office Hours................. 3,514,000
(15 20.30.011-Telecommunications 15,290,00
) and Technology Services...... 0
(16 20.30.050-Economic 22,929,00
) Development.................. 0
(17 20.30.070-Transfer Education
) and Articulation............. 698,000
(18 20.40.026-Physical Plant and
) Instructional Support........ 0
(19 20.10.010-Extended
) Opportunity Programs and
Services and Special 73,605,00
Services..................... 0
(20 20.30.045-Fund for Student
) Success...................... 3,792,000
(21 20.70.010-Career Technical
) Education.................... 0
(22 20.80.010-Campus Child Care
) Tax Bailout.................. 3,350,000
(23 20.95.010-Nursing Program 13,378,00
) Support...................... 0
Provisions:
1. The funds appropriated in this item
are for transfer by the Controller
during the 2011-12 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 31 of each year. This report
shall reflect outcomes from the most
recently completed fiscal year for
which data is available pursuant to
Section 84754.5 of the Education Code.
4. Of the funds appropriated in Schedule
(1), Apportionments:
(a) Up to $100,000 is for a
maintenance allowance, pursuant to
Section 54200 of Title 5 of the
California Code of Regulations.
(b) Up to $500,000 is to reimburse
colleges for the costs of federal
aid repayments related to assessed
fees for fee waiver recipients.
This reimbursement only applies to
students who completely withdraw
from college before the census
date pursuant to Section 58508 of
Title 5 of the California Code of
Regulations.
5. Notwithstanding any other provision of
law, the Chancellor of the California
Community Colleges shall not reduce
district workload obligations for a
lack of a funded cost-of-living
adjustment.
6. (a) The amount appropriated in
Schedule (2) for the
Apprenticeship Program shall be
available as necessary upon
certification by the Chancellor of
the California Community Colleges
for the purpose of funding
community college-related and
supplemental instruction pursuant
to Section 3074 of the Labor Code,
as provided in Section 8152 of the
Education Code. No community
college district shall use funds
available under this provision to
offer any new apprenticeship
training program or the expansion
of any existing program unless the
new program or expansion has been
approved by the chancellor.
(b) Notwithstanding Section 8152 of
the Education Code, each 60-minute
hour of teaching time devoted to
each indentured apprentice
enrolled in and attending classes
of related and supplemental
instruction as provided under
Section 3074 of the Labor Code
shall be reimbursed at the rate of
$5.04 per hour. For purposes of
this provision, each hour of
teaching time may include up to 10
minutes for passing time and
breaks.
7. Funds appropriated in Schedule (3),
Growth for Apportionments, shall be
available first to any districts
bringing online newly accredited
colleges or California Postsecondary
Education Commission-approved
educational centers. It is the intent
of the Legislature that increases in
basic foundation allocations to each
college be funded prior to additional
growth in full-time equivalent
students. The Chancellor of the
California Community Colleges shall
provide a report by November 1 of each
year, to the Department of Finance and
the Legislative Analyst, on the number
of new centers and colleges added for
the current fiscal year and those
anticipated to be added for the
prospective budget year. This report
shall also detail the specific funding
adjustments provided for basic
foundation allocations to each college
and center for the current fiscal year.
8. Notwithstanding any other provision of
law, funds appropriated in Schedule
(3), 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
Section 2.00 of the Budget Act of 2003
(Ch. 157, Stats. 2003) for the
allocation of funds appropriated in
Schedules (1) and (3) of this item, 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.
9. The funds appropriated in Schedule
(4), Student Success for Basic Skills
Students, shall be allocated as
follows:
(a) $969,000 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
of each year.
(b) $19,068,000 for allocation by the
chancellor to community college
districts for improving outcomes
of students who enter college
needing at least one course in ESL
or basic skills, with particular
emphasis on students transitioning
from high school.
(c) Funding specified in subdivisions
(a) and (b) shall be distributed
to eligible applicants pursuant to
Chapter 489 of the Statutes of
2007.
(d) The Office of the Chancellor shall
work jointly with the Department
of Finance and the Legislative
Analyst to 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 September 1,
2010, the chancellor shall submit
a report to the Governor and
Legislature on basic skills
accountability using system- and
college-level data and an annual
report each year thereafter by
September 1.
10. (a) Of the funds appropriated in
Schedule (5) for Student Financial
Aid Administration, not less than
$12,562,000 is available to
provide $0.91 per unit
reimbursement to community college
districts for the provision of
board of governors (BOG) fee
waiver awards pursuant to
paragraph (2) of subdivision (m)
of Section 76300 of the Education
Code.
(b) Of the funds appropriated in
Schedule (5), not less than
$7,179,000 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) 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) is provided to directly
offset any mandated costs
claimed by community college
districts pursuant to the
Commission on State Mandates
Test Claims 02-TC-28 (Cal
Grants) and 02-TC-21 (Tuition
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 or 2006-07 fiscal
year, 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
of each year on the use of the
funds allocated pursuant to
paragraphs (1) and (2),
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 of
each year, in the manner and
using the factors set forth in
paragraph (5) of subdivision
(c) of Provision 11 of Item
6870-101-0001 of Section 2.00
of the Budget Act of 2007
(Chs. 171 and 172, Stats.
2007), on the impact of
outreach efforts on student
headcount and FTES enrollment
for the 2008-09 and 2009-10
academic years.
(e) Notwithstanding subdivision (m) of
Section 76300 of the Education
Code or any other provision of
law, the amount of funds
appropriated for the purpose of
administering fee waivers for the
2011-12 fiscal year shall be
determined in this act.
11. (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
$3,166,000 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 $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),
$1,000,000 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
2011-12 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 2011-12
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
$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.
12. 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), $9,188,000 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 2011-12 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
December 1 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 February 15 of each year
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 2012, 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 practicable,
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 February 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
that 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 February 15
of each year 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 $4,900,000 is to provide direct
workstudy wage reimbursement for
students served under this program,
and $613,000 is available for campus
job development and placement services.
13. 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.
14. (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.
15. (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), $9,381,000 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 and
78218 of the Education Code.
16. 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.
17. (a) $14,151,000 of the funds provided
in Schedule (15) for the
Telecommunications and Technology
Services Program shall be for the
purpose of supporting technical
and application innovations and
for coordination of activities
that serve to maximize the utility
of the technology investments of
the community college system
towards improving learning
outcomes. Allocations shall be
made by the Chancellor of the
California Community Colleges,
based on criteria and guidelines
as developed by the
chancellor, on a competitive basis
through the RFA/RFP application
process for the following purposes:
(1) Provision of access to
statewide multimedia hosting
and delivery services for
system colleges and districts.
(2) Provision of systemwide
Internet, audio bridging, and
telephony.
(3) Technical assistance and
planning, cooperative purchase
agreements, and faculty and
staff development in a manner
consistent with paragraph (3)
of subdivision (b) of
Provision 17 of Item 6870-101-
0001 of Section 2.00 of the
Budget Act of 1996 (Ch. 162,
Stats. 1996).
(4) Ongoing support for the
California Virtual 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 Section 2.00 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
subdivision (a) of Provision 21 of
Item 6870-101-0001 of Section 2.00
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 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), $1,139,000 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 of the budget
committees of each house of the
Legislature. It is the intent of
the Legislature that all
reporting requirements contained
in this subdivision shall be
completed using funds provided to
the grantee.
18. Of the funds provided in Schedule (16)
for the Economic and Workforce
Development Program:
(a) $11,187,000 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) $3,833,000 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) $1,769,000 is allocated for
statewide network leadership,
organizational development,
coordination, information and
support services, or other program
purposes.
(d) $2,220,000 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) $3,920,000 is allocated for the
establishment of a Responsive
Incumbent Worker Training Fund,
which will serve to expand the
delivery of performance
improvement training to employers
and incumbent workers in high-
growth industries. Funds shall
also be used to develop programs
that integrate basic skills and
career technical education
curriculum in ways that provide
students with seamless educational
coursework that transitions
students into high-tech and high-
demand job sectors.
(f) The following provisions apply to
the expenditure of funds within
subdivisions (a) and (b): Funds
allocated for centers and regional
collaboratives shall seek to
maximize the use of state funds
for subdivisions (g) to (j),
inclusive, of Section 88531 of the
Education Code. Funds allocated to
districts for purposes of
subdivisions (g) and (i) of
Section 88531 of the Education
Code for performance-based
training and student internships
shall be matched by a minimum of
$1 of private business and
industry funding for each $1 of
state funds. Funds allocated for
purposes of subdivision (h) of
Section 88531 of the Education
Code for credit and noncredit
instruction may be transferred to
Schedule (1) or (3) to facilitate
distribution at the chancellor's
discretion. Any funds that become
available from network centers due
to savings, discontinuance, or
reduction of amounts shall
first be made available for
additional allocations in
subdivision (b) to increase the
level of subsidized training
otherwise available.
(g) Funds allocated by the Board of
Governors of the California
Community Colleges under this
provision may not be used by
community college districts to
supplant existing courses or
contract education offerings. The
chancellor shall ensure that funds
are spent only for expanded
services and shall implement
accountability reporting for
districts receiving these funds to
ensure that training, credit, and
noncredit programs remain relevant
to business needs. Programs that
do not demonstrate continued
relevance and support by business
shall not be eligible for
continued funding. The board of
governors shall consider the level
of involvement and financial
commitments of business and
industry as primary factors in
making awards. The chancellor
shall incorporate 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.
19. (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.
20. (a) One-half of any funds appropriated
in Schedule (18) 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 any
funds provided in 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) One-half of any funds appropriated
in Schedule (18) are available for
replacement of instructional
equipment and library materials.
For every $3 a district expends
from any moneys provided in 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) Any funds appropriated in Schedule
(18) shall be available for
expenditure until June 30, 2013.
21. Of the funds appropriated in Schedule
(19) for Extended Opportunity
Programs and Services, $64,273,000 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 Colleges system, including
those students on new campuses or in
new districts. In addition, $9,332,000
is for funding, at all colleges, the
Cooperative Agencies Resources for
Education (CARE) program in accordance
with Article 4 (commencing with
Section 79150) of Chapter 9 of Part 48
of Division 7 of Title 3 of the
Education Code. The Board of Governors
of the California Community Colleges
shall allocate funds on a priority
basis to local programs on the basis
of need for student services.
22. Of the funds appropriated in Schedule
(19) for the Extended Opportunity
Programs and Services, no less than
$4,972,000 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 textbook grants in the 2001-
02 fiscal year.
23. The funds appropriated in Schedule
(20) for the Fund for Student Success
are for additional targeted student
services, to be expended as follows:
(a) $1,183,000 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 $1,515,000 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 $1,094,000 is for the
Middle College High School
Program. With the exception of
fully compliant special part-time
students at the community colleges
pursuant to Sections 48802 and
76001 of the Education Code,
student workload based on
participation in the Middle
College High School Program shall
not be eligible for community
college state apportionment.
Further, no community college
state apportionment shall be made
available for physical education
classes, noncredit classes, nor
other courses specified in
Provision 8.
24. 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.
25. (a) All funds appropriated in Schedule
(21) for the Career Technical
Education Program are for the
purpose of aligning career-
technical education curriculum
between K-12 and community
colleges in targeted industry-
driven programs offered through
the Economic and Workforce
Development Program. Prior to the
allocation of these funds, the
Chancellor of the California
Community Colleges, in conjunction
with the State Department of
Education, shall submit a proposed
expenditure plan for the funds
contained in this item, and the
rationale therefor, to the
Department of Finance by August 1
of each year for approval.
(b) If funds are appropriated in
Schedule (21) for 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.
26. The funds appropriated in Schedule
(22) for the Campus Child Care 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 proportional 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 or
decreased by any cost-of-living
adjustment granted in subsequent
fiscal years. These funds shall be
used only for the purpose of community
college child care and development
programs.
27. With regard to the funds appropriated
in Schedule (23), Nursing Program
Support, all of the following shall
apply:
(a) $8,475,000 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) $4,903,000 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 2010-11
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.
28. Notwithstanding any other provision of
law, the Chancellor of the California
Community Colleges shall allocate
categorical funds as specified in
legislation enacted in 2009 and as
amended in 2010. 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), and (22) as further
specified in that legislation.
Notwithstanding this provision and
subdivision (b) of Section 84043 of
the Education Code, the chancellor may
adjust allocations, as necessary, for
funding provided pursuant to Schedules
(10), (16), and (17) in support of
statewide or regional functions.
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
$290,000,000 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
courses and programs outside of those
needed by students to achieve their
basic skills, workforce training, or
transfer goals. On or before April 15,
2012, the chancellor shall provide the
fiscal committees of both houses of
the Legislature and the Director of
Finance with a report on the
implementation of this provision.
SEC. 361. Item 6870-101-0001 of Section 2.00 of
the Budget Act of 2011 is amended to read:
6870-101-0001--For local assistance,
Board of Governors of the California
Community Colleges (Proposition 98)..... 2,636,024,000
2,560,233,000
Schedule:
(1) 10.10.010- 2,238,679,
Apportionments........ 2,162,888,
Apportionments........
000
(2) 10.10.020-
Apprenticeship........ 7,174,000
(3) 10.10.030-Growth for
Apportionments........ 0
(4) 20.10.004-Student
Success for Basic
Skills Students....... 20,037,000
(5) 20.10.005-Student
Financial Aid
Administration........ 56,741,000
(6) 20.10.020-Disabled
Students.............. 69,223,000
(7) 20.10.045-Special
Services for CalWORKs
Recipients............ 26,695,000
(8) 20.10.060-Foster Care
Education Program..... 5,254,000
(9) 20.10.070-
Matriculation......... 49,183,000
(10) 20.20.020-Academic
Senate for the
Community Colleges.... 318,000
(11) 20.20.041-Equal
Employment
Opportunity pursuant
to Ch. 1169, Stats.
2002.................. 767,000
(12) 20.20.050-Part-time
Faculty Health
Insurance............. 490,000
(13) 20.20.051-Part-time
Faculty Compensation.. 24,907,000
(14) 20.20.055-Part-time
Faculty Office Hours.. 3,514,000
(15) 20.30.011-
Telecommunications
and Technology
Services.............. 15,290,000
(16) 20.30.050-Economic
Development........... 22,929,000
(17) 20.30.070-Transfer
Education and
Articulation.......... 698,000
(18) 20.40.026-Physical
Plant and
Instructional Support. 0
(19) 20.10.010-Extended
Opportunity Programs
and Services and
Special Services...... 73,605,000
(20) 20.30.045-Fund for
Student Success....... 3,792,000
(21) 20.70.010-Career
Technical Education... 0
(22) 20.80.010-Campus
Child Care Tax
Bailout............... 3,350,000
(23) 20.95.010-Nursing
Program Support....... 13,378,000
Provisions:
1. The funds appropriated in this
item are for transfer by the
Controller during the 2011-12
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 31 of each
year. This report shall reflect
outcomes from the most recently
completed fiscal year for which
data is available pursuant to
Section 84754.5 of the Education
Code.
4. Of the funds appropriated in
Schedule (1), Apportionments:
(a) Up to $100,000 is for a
maintenance allowance,
pursuant to Section 54200
of Title 5 of the
California Code of
Regulations.
(b) Up to $500,000 is to
reimburse colleges for the
costs of federal aid
repayments related to
assessed fees for fee
waiver recipients. This
reimbursement only applies
to students who completely
withdraw from college
before the census date
pursuant to Section 58508
of Title 5 of the
California Code of
Regulations.
5. Notwithstanding any other
provision of law, the Chancellor
of the California Community
Colleges shall not reduce
district workload obligations
for a lack of a funded cost-of-
living adjustment.
6. (a) The amount appropriated in
Schedule (2) for the
Apprenticeship Program
shall be available as
necessary upon
certification by the
Chancellor of the
California Community
Colleges for the purpose
of funding community
college-related and
supplemental instruction
pursuant to Section 3074
of the Labor Code, as
provided in Section 8152
of the Education Code. No
community college district
shall use funds available
under this provision to
offer any new
apprenticeship training
program or the expansion
of any existing program
unless the new program or
expansion has been
approved by the chancellor.
(b) Notwithstanding Section
8152 of the Education
Code, each 60-minute hour
of teaching time devoted
to each indentured
apprentice enrolled in and
attending classes of
related and supplemental
instruction as provided
under Section 3074 of the
Labor Code shall be
reimbursed at the rate of
$5.04 per hour. For
purposes of this
provision, each hour of
teaching time may include
up to 10 minutes for
passing time and breaks.
7. Funds appropriated in Schedule
(3), Growth for Apportionments,
shall be available first to any
districts bringing online newly
accredited colleges or
California Postsecondary
Education Commission-approved
educational centers. It is the
intent of the Legislature that
increases in basic foundation
allocations to each college be
funded prior to additional
growth in full-time equivalent
students. The Chancellor of the
California Community Colleges
shall provide a report by
November 1 of each year, to the
Department of Finance and the
Legislative Analyst, on the
number of new centers and
colleges added for the current
fiscal year and those
anticipated to be added for the
prospective budget year. This
report shall also detail the
specific funding adjustments
provided for basic foundation
allocations to each college and
center for the current fiscal
year.
8. Notwithstanding any other
provision of law, funds
appropriated in Schedule (3),
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 Section 2.00 of the
Budget Act of 2003 (Ch. 157,
Stats. 2003) for the allocation
of funds appropriated in
Schedules (1) and (3) of this
item, 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.
9. The funds appropriated in
Schedule (4), Student Success
for Basic Skills Students, shall
be allocated as follows:
(a) $969,000 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 of each year.
(b) $19,068,000 for allocation
by the chancellor to
community college
districts for improving
outcomes of students who
enter college needing at
least one course in ESL or
basic skills, with
particular emphasis on
students transitioning
from high school.
(c) Funding specified in
subdivisions (a) and (b)
shall be distributed to
eligible applicants
pursuant to Chapter 489 of
the Statutes of 2007.
(d) The Office of the
Chancellor shall work
jointly with the
Department of Finance and
the Legislative Analyst to
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
September 1, 2010, the
chancellor shall submit a
report to the Governor and
Legislature on basic
skills accountability
using system- and college-
level data and an annual
report each year
thereafter by September 1.
10. (a) Of the funds appropriated
in Schedule (5) for
Student Financial Aid
Administration, not less
than $12,562,000 is
available to provide $0.91
per unit reimbursement to
community college
districts for the
provision of board of
governors (BOG) fee waiver
awards pursuant to
paragraph (2) of
subdivision (m) of Section
76300 of the Education
Code.
(b) Of the funds appropriated
in Schedule (5), not less
than $7,179,000 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) 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) is
provided to directly
offset any mandated
costs claimed by
community college
districts pursuant
to the Commission on
State Mandates Test
Claims 02-TC-28 (Cal
Grants) and 02-TC-21
(Tuition 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 or 2006-
07 fiscal year,
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 of each
year on the use of
the funds allocated
pursuant to
paragraphs (1) and
(2), 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 of
each year, in the
manner and using the
factors set forth in
paragraph (5) of
subdivision (c) of
Provision 11 of Item
6870-101-0001 of
Section 2.00 of the
Budget Act of 2007
(Chs. 171 and 172,
Stats. 2007), on the
impact of outreach
efforts on student
headcount and FTES
enrollment for the
2008-09 and 2009-10
academic years.
(e) Notwithstanding
subdivision (m) of Section
76300 of the Education
Code or any other
provision of law, the
amount of funds
appropriated for the
purpose of administering
fee waivers for the 2011-
12 fiscal year shall be
determined in this act.
11. (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 $3,166,000 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
$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), $1,000,000
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 2011-12 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
2011-12 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 $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.
12. 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), $9,188,000 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 2011-12
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 December 1 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 February 15 of each
year 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 2012, 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
practicable, 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
February 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 that
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 February
15 of each year 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 $4,900,000
is to provide direct
workstudy wage reimbursement for
students served under this
program, and $613,000 is
available for campus job
development and placement
services.
13. 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.
14. (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.
15. (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),
$9,381,000 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 and 78218
of the Education Code.
16. 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.
17. (a) $14,151,000 of the funds
provided in Schedule (15)
for the Telecommunications
and Technology Services
Program shall be for the
purpose of supporting
technical and application
innovations and for
coordination of activities
that serve to maximize the
utility of the technology
investments of the
community college system
towards improving learning
outcomes. Allocations
shall be made by the
Chancellor of the
California Community
Colleges, based on
criteria and guidelines as
developed by the
chancellor, on a
competitive basis through
the RFA/RFP application
process for the following
purposes:
(1) Provision of access
to statewide
multimedia hosting
and delivery
services for system
colleges and
districts.
(2) Provision of
systemwide Internet,
audio bridging, and
telephony.
(3) Technical assistance
and planning,
cooperative purchase
agreements, and
faculty and staff
development in a
manner consistent
with paragraph (3)
of subdivision (b)
of Provision 17 of
Item 6870-101-0001
of Section 2.00
of the Budget Act of
1996 (Ch. 162,
Stats. 1996).
(4) Ongoing support for
the California
Virtual 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 Section 2.00
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 subdivision
(a) of Provision 21 of
Item 6870-101-0001 of
Section 2.00 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
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), $1,139,000
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 of the
budget committees of each
house of the Legislature.
It is the intent of the
Legislature that all
reporting requirements
contained in this
subdivision shall be
completed using funds
provided to the grantee.
18. Of the funds provided in
Schedule (16) for the Economic
and Workforce Development
Program:
(a) $11,187,000 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) $3,833,000 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) $1,769,000 is allocated
for statewide network
leadership, organizational
development, coordination,
information and support
services, or other program
purposes.
(d) $2,220,000 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) $3,920,000 is allocated
for the establishment of a
Responsive Incumbent
Worker Training Fund,
which will serve to expand
the delivery of
performance improvement
training to employers and
incumbent workers in high-
growth industries. Funds
shall also be used to
develop programs that
integrate basic skills and
career technical education
curriculum in ways that
provide students with
seamless educational
coursework that
transitions students into
high-tech and high-demand
job sectors.
(f) The following provisions
apply to the expenditure
of funds within
subdivisions (a) and (b):
Funds allocated for
centers and regional
collaboratives shall seek
to maximize the use of
state funds for
subdivisions (g) to (j),
inclusive, of Section
88531 of the Education
Code. Funds allocated to
districts for purposes of
subdivisions (g) and (i)
of Section 88531 of the
Education Code for
performance-based training
and student internships
shall be matched by a
minimum of $1 of private
business and industry
funding for each $1 of
state funds. Funds
allocated for purposes of
subdivision (h) of Section
88531 of the Education
Code for credit and
noncredit instruction may
be transferred to Schedule
(1) or (3) to facilitate
distribution at the
chancellor's discretion.
Any funds that become
available from network
centers due to savings,
discontinuance, or
reduction of amounts shall
first be made available
for additional allocations
in subdivision (b) to
increase the level of
subsidized training
otherwise available.
(g) Funds allocated by the
Board of Governors of the
California Community
Colleges under this
provision may not be used
by community college
districts to supplant
existing courses or
contract education
offerings. The chancellor
shall ensure that funds
are spent only for
expanded services and
shall implement
accountability reporting
for districts receiving
these funds to ensure that
training, credit, and
noncredit programs remain
relevant to business
needs. Programs that do
not demonstrate continued
relevance and support by
business shall not be
eligible for continued
funding. The board of
governors shall consider
the level of involvement
and financial commitments
of business and industry
as primary factors in
making awards. The
chancellor shall
incorporate 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.
19. (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.
20. (a) One-half of any funds
appropriated in Schedule
(18) 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 any
funds provided in
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) One-half of any funds
appropriated in Schedule
(18) are available for
replacement of
instructional equipment
and library materials. For
every $3 a district
expends from any moneys
provided in 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) Any funds appropriated in
Schedule (18) shall be
available for expenditure
until June 30, 2013.
21. Of the funds appropriated in
Schedule (19) for Extended
Opportunity Programs and
Services, $64,273,000 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 Colleges system,
including those students on new
campuses or in new districts. In
addition, $9,332,000 is for
funding, at all colleges, the
Cooperative Agencies Resources
for Education (CARE) program in
accordance with Article 4
(commencing with Section 79150)
of Chapter 9 of Part 48 of
Division 7 of Title 3 of the
Education Code. The Board of
Governors of the California
Community Colleges shall
allocate funds on a priority
basis to local programs on the
basis of need for student
services.
22. Of the funds appropriated in
Schedule (19) for the Extended
Opportunity Programs and
Services, no less than
$4,972,000 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
textbook grants in the 2001-02
fiscal year.
23. The funds appropriated in
Schedule (20) for the Fund for
Student Success are for
additional targeted student
services, to be expended as
follows:
(a) $1,183,000 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 $1,515,000 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 $1,094,000 is
for the Middle College
High School Program. With
the exception of fully
compliant special part-
time students at the
community colleges
pursuant to Sections 48802
and 76001 of the
Education Code, student
workload based on
participation in the
Middle College High School
Program shall not be
eligible for community
college state
apportionment. Further, no
community college state
apportionment shall be
made available for
physical education
classes, noncredit
classes, nor other courses
specified in Provision 8.
24. 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.
25. (a) All funds appropriated in
Schedule (21) for the
Career Technical Education
Program are for the
purpose of aligning career-
technical education
curriculum between K-12
and community colleges in
targeted industry-driven
programs offered through
the Economic and Workforce
Development Program. Prior
to the allocation of these
funds, the Chancellor of
the California Community
Colleges, in conjunction
with the State Department
of Education, shall submit
a proposed expenditure
plan for the funds
contained in this item,
and the rationale
therefor, to the
Department of Finance by
August 1 of each year for
approval.
(b) If funds are
appropriated in Schedule
(21) for 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.
26. The funds appropriated in
Schedule (22) for the Campus
Child Care 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
proportional 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 or decreased by
any cost-of-living adjustment
granted in subsequent fiscal
years. These funds shall be used
only for the purpose of
community college child care and
development programs.
27. With regard to the funds
appropriated in Schedule (23),
Nursing Program Support, all of
the following shall apply:
(a) $8,475,000 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) $4,903,000 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 2010-11 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.
28. Notwithstanding any other
provision of law, the Chancellor
of the California Community
Colleges shall allocate
categorical funds as specified
in legislation enacted in 2009
and as amended in 2010. 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), and (22) as further
specified in that legislation.
Notwithstanding this provision
and subdivision (b) of Section
84043 of the Education Code, the
chancellor may adjust
allocations, as necessary, for
funding provided pursuant to
Schedules (10), (16), and (17)
in support of statewide or
regional functions.
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 $290,000,000 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 courses and
programs outside of those needed
by students to achieve their
basic skills, workforce
training, or transfer goals. On
or before April 15, 2012, the
chancellor shall provide the
fiscal committees of both houses
of the Legislature and the
Director of Finance with a
report on the implementation of
this provision.
SEC. 362. Item 6870-111-0001 of Section 2.00 of the Budget Act of
2011 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.................. 65,550,000
(5) 20.30.050-Economic
Development................ 3,753,000
(6) Reimbursements............. -83,415,000
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.
6. The funds appropriated in Schedule (5)
reflect $2,903,000 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.
7. The funds appropriated in Schedule (5)
reflect an increase of $850,000 to support
an interagency agreement with the
California Energy Commission for the
purpose of expanding the Transportation
Technologies and Energy Program.
8. Of the funds appropriated in Schedule (3),
$2,222,000 is provided in one-time
carryover funds.
SEC. 363. Item 6870-295-0001 of Section 2.00 of the Budget Act of
2011 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................. 9,541,000
Schedule:
(1) 98.01.001.184-Health
Fees (Ch. 1, 1983-84
2nd Ex. Sess.) (CSM
4206)................... 5,907,000
(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).......... 0
(4) 98.01.007.778-Absentee
Ballots (Ch. 77, Stats.
1978; Ch. 1032, Stats.
2002) (02-PGA-02)....... 1,000
(5) 98.01.096.175-
Collective Bargaining
(Ch. 961, Stats.
1975) (CSM 4425, 97-TC-
08)..................... 444,000
(6) 98.01.112.096-Health
Benefits for Survivors
of Peace Officers and
Firefighters (Ch. 1120,
Stats. 1996) (97-TC-25). 0
(7) 98.01.111.692-
Integrated Waste
Management (Ch. 1116,
Stats. 1992) (00-TC-07). 0
(8) 98.01.000.005-
Enrollment Fee
Collection and Waivers
(Title 5) (99-TC-13)
(00-TC-15).............. 3,000,000
(9) 98.01.042.390-Sexual
Assault Response
Procedures (Ch. 423,
Stats. 1990) (99-TC-12). 0
(10) 98.01.124.992-Threats
Against Peace Officers
(Ch. 1249, Stats. 1992,
et al.)................. 1,000
(11) 98.01.089.300-Agency
Fee Arrangements (Ch.
893, Stats. 2000; Ch.
805, Stats. 2001) (00-
TC-17) (01-TC-14)....... 57,000
(12) 98.01.060.394-CA State
Teachers Retirement
System Services Credit
(Ch. 603, Stats. 1994,
et al.) (02-TC-19)...... 101,000
(13) 98.01.041.601-Reporting
Improper Governmental
Activities (Ch. 416,
Stats. 2001, et al.)
(02-TC-24).............. 13,000
(14) 98.01.064.186-Open
Meetings/Brown Act (Ch.
641, Stats. 1986) (CSM
4257)................... 0
(15) 98.01.049.675-Mandate
Reimbursement Process
(Ch. 486, Stats. 1975).. 1,000
(16) 98.01.012.693-Law
Enforcement Sexual
Harassment Training
(Ch. 126, Stats. 1993)
(97-TC-07).............. 0
(17) 98.01.117.096-Grand
Jury Proceedings (Ch.
1170, Stats. 1996, et
al.) (98-TC-27)......... 0
(18) 98.01.015.901-Cal
Grants (Ch. 159, Stats.
2001) (02-TC-28)........ 1,000
(19) 98.01.007.875-Tuition
Fee Waivers (Ch. 78,
Stats. 1975, et al.)
(02-TC-21).............. 13,000
(20) 98.01.059.389-Student
Records (Ch. 593,
Stats. 1989) (02-TC-34). 0
(21) 98.01.124.978-
Prevailing Wage Rate
(Ch. 1249, Stats. 1978)
(01-TC-28).............. 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.
3. Pursuant to Section 17581.5 of the
Government Code, the mandates
identified in Schedules (3), (6),
(7), (9), (16), (17), and (20) are
specifically identified by the
Legislature for suspension until
June 30, 2013.
SEC. 364. Item 6870-301-6049 is added to Section 2.00 of the
Budget Act of 2011, 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................................... 48,618,000
Schedule:
Coast Community College District
Orange Coast College
(1) 40.11.313-Music
Building
Modernization--
Construction......... 3,489,000
San Francisco Community College District
City College of San Francisco
(2) 40.48.113-Performing
Arts Complex--
Construction and
equipment............ 38,274,000
Santa Clarita Community College District
College of the Canyons
(3) 40.54.117-
Administration and
Student Services
Building--
Construction and
equipment............ 6,855,000
SEC. 365. Item 6870-491 is added to Section 2.00 of the Budget Act
of 2011, to read:
6870-491--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:
0705--1992 Higher Education Capital Outlay Bond
Fund
(1) Item 6870-301-0705, Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
Los Angeles Community College District
Los Angeles Harbor College
(1) 40.26.305-Library/Learning
Resource Center--Equipment
San Joaquin Delta Community College
District
San Joaquin Delta College
(2) 40.49.109-Cunningham
Math/Science Replacement-
-Equipment
6041--2004 Higher Education Capital Outlay Bond
Fund
(1) Item 6870-301-6041, Budget Act of 2005
(Chs. 38 and 39, Stats. 2005), as
partially reappropriated by Item 6870-
491, Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006), as partially
reappropriated by Item 6870-490, and as
partially reverted by Item 6870-497,
Budget Act of 2007 (Chs. 171 and 172,
Stats. 2007), as partially
reappropriated by Item 6870-490, Budget
Act of 2008 (Chs. 268 and 269, Stats.
2008), and as partially reappropriated
by Item 6870-490, Budget Act of 2009
(Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex. Sess.)
San Luis Obispo County Community College
District
North County Center
(34) 40.51.202-Technology and
Trades Complex--Construction
and equipment
6049--2006 California Community College Capital
Outlay Bond Fund
(1) Item 6870-301-6049, Budget Act of 2009
(Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex.
Sess.), as partially reappropriated by
Item 6870-490, and as partially reverted
by Item 6870-497, Budget Act of 2010
(Ch. 712, Stats. 2010)
Redwoods Community College District
College of the Redwoods
(10) 40.42.107-New
Science/Humanities Building
Seismic Replacement--Working
drawings and construction
+
(2) Item 6870-303-6049, Budget Act of 2009
(Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex. Sess.)
San Mateo County Community College
District
Canada College
(1) 40.52.108-Electrical
Infrastructure Replacement-
-Construction
Skyline College
(2) 40.52.314-Electrical
Infrastructure Replacement-
-Construction
+
(3) Item 6870-301-6049, Budget Act of 2010
(Ch. 712, Stats. 2010)
El Camino Community College District
El Camino College Compton Center
(1) 40.14.202-Infrastructure
Replacement, Phase 2-
-Construction
(2) 40.14.203-Allied Health
Building--Working drawings and
construction
Kern Community College District
Bakersfield College
(3.2) 40.22.112-Performing Arts
Modernization--Construction
Riverside Community College District
Moreno Valley College
(5) 40.44.208-Phase III Student
Academic Services Building-
-Construction
SEC. 366. Item 6870-492 is added to Section 2.00 of the Budget Act
of 2011, to read:
6870-492--Reappropriation, Board of Governors of the
California Community Colleges. Notwithstanding any
other provision of law, the periods to liquidate
encumbrances of the following citations are extended to
June 30, 2013:
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
partially reappropriated by Item 6870-
490, Budget Act of 2008 (Chs. 268
and 269, Stats. 2008), as partially
reappropriated by Item 6870-490 and as
partially reverted by Item 6870-497,
Budget Act of 2009 (Ch. 1, 2009-10 3rd
Ex. Sess., as revised by Ch. 1, 2009-
10 4th Ex. Sess.), and as partially
reappropriated by Item 6870-490,
Budget Act of 2010 (Ch. 712, Stats.
2010)
Los Angeles Community College District
Los Angeles Trade-Tech College
(12) 40.26.703-Renovate and Modernize
Building A--Construction
SEC. 367. Item 6870-494 is added to Section 2.00 of the Budget Act
of 2011, to read:
6870-494--Reappropriation, California
Community Colleges, Proposition 98. The
following amount is hereby reappropriated for
career technical education pursuant to Section
88532 of the Education Code and shall be
available for encumbrance or expenditure until
June 30, 2012:
(1) $2,030,000 from Schedule (21) of Item
6870-101-0001 of the Budget Act of
2008 (Chs. 268 and 269, Stats. 2008)
SEC. 368. Item 7980-101-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
7980-101-0001--For local assistance,
Student Aid Commission................... 1,392,619,000
Schedule:
(1) 15-Financial Aid 1,486,710,0
Grants Program...... 00
(2) Reimbursements...... -17,065,000
(2.5) Amount payable from
the Student Loan
Operating Fund
(Item 7980-101-
0784)............... -62,250,000
(3) Amount payable from
the Federal Trust
Fund (Item 7980-101-
0890)............... -14,776,000
Provisions:
1. Funds appropriated in Schedule
(1) are for purposes of all of
the following:
(a) Awards in the Cal Grant
Program under Chapter
1.7 (commencing with
Section 69430) and
Article 3 (commencing
with Section 69530) of
Chapter 2 of Part 42 of
Division 5 of Title
3 of the Education Code.
(b) Grants under the Law
Enforcement Personnel
Dependents Scholarship
Program pursuant to
Section 4709 of the
Labor Code.
(c) The purchase of loan
assumptions under
Article 5 (commencing
with Section 69612) of
Chapter 2 of Part 42 of
Division 5 of Title 3 of
the Education Code. The
Student Aid Commission
shall issue 7,200 new
warrants.
(d) The purchase of loan
assumptions under the
Graduate Assumption
Program of Loans for
Education pursuant to
Article 5.5 (commencing
with Section 69618) of
Chapter 2 of Part 42 of
Division 5 of Title 3 of
the Education Code.
(e) The purchase of loan
assumptions under the
State Nursing Assumption
Program of Loans for
Education (SNAPLE)
Employees of State
Facilities Program
pursuant to Article 2
(commencing with Section
70120) of Chapter 3 of
Part 42 of Division 5 of
Title 3 of the Education
Code.
(f) The purchase of loan
assumptions under the
State Nursing Assumption
Program of Loans for
Education (SNAPLE)
pursuant to Article 1
(commencing with Section
70100) of Chapter 3 of
Part 42 of Division 5 of
Title 3 of the Education
Code.
(g) The Student Aid
Commission shall report
by April 1, 2012, on the
State Nursing Assumption
Program of Loans for
Education, pursuant to
the reporting
requirements of Section
70108 of the Education
Code.
(h) Notwithstanding
subdivision (c) of
Section 69613.8 of the
Education Code, any
Assumption Program of
Loans for Education
participant who meets
the requirements of
subdivision (a) or (b)
of Section 69613.8 of
the Education Code may
receive the additional
loan assumption benefits
authorized by those
subdivisions.
2. If federal trust funds for the
2011-12 fiscal year exceed
budgeted levels for the
Leveraging Educational
Assistance Partnership (LEAP)
Program and the Special
Leveraging Educational
Assistance Partnership (SLEAP)
Program, the funds appropriated
shall, to the extent allowable
by federal law, be reduced on a
dollar-for-dollar basis.
3. Eligibility for moneys
appropriated in this item is
limited to students who
demonstrate financial need
according to the nationally
accepted needs analysis
methodology, who meet other
Student Aid Commission
eligibility criteria, and,
notwithstanding subdivision (k)
of Section 69432.7 of the
Education Code, whose
income or family's gross income
does not exceed $90,300 for the
Cal Grant A Program and $49,600
for the Cal Grant B Program for
the purpose of determining
recipients for the 2011-12
award year.
4. Notwithstanding any other
provision of law, the maximum
award for:
(a) New recipients attending
private and independent
institutions shall be
$9,708.
(b) All recipients receiving
Cal Grant B access
awards shall be $1,551.
(c) All recipients receiving
Cal Grant C tuition and
fee awards shall be
$2,592.
(d) All recipients receiving
Cal Grant C book and
supply awards shall be
$576.
(e) All University of
California student
recipients receiving Cal
Grant awards shall be
$11,124 or whatever
lesser or greater amount
is approved for
mandatory systemwide
fees by the Regents of
the University of
California for the 2011-
12 academic year.
(f) All California State
University student
recipients receiving Cal
Grant awards shall be
$4,884 or whatever
lesser or greater amount
is approved for
mandatory systemwide
fees by the Trustees of
the California State
University for the 2011-
12 academic year.
5. Notwithstanding any other
provision of law, the Student
Aid Commission may not issue
new warrants for the assumption
of loans for the Graduate
Assumption Program of Loans for
Education pursuant to Article
5.5 (commencing with Section
69618) of Chapter 2 of Part 42
of Division 5 of Title 3 of the
Education Code.
6. Pursuant to Chapter 403 of the
Statutes of 2000 and
notwithstanding any other
provision of law, the Director
of Finance may authorize the
augmentation, from the Special
Fund for Economic Uncertainties
established pursuant to Section
16418 of the Government Code,
of the annual amount
appropriated for the purposes
of making Cal Grant awards
pursuant to Chapter 1.7
(commencing with Section 69430)
of Part 42 of Division 5 of
Title 3 of the Education Code,
as necessary to fully fund the
number of awards required to be
granted by that chapter. No
augmentation may be authorized
under this provision sooner
than 30 days after the Director
of Finance provides written
notice of the proposed
augmentation to the Chairperson
of the Joint Legislative Budget
Committee and the chairpersons
of the committees in each house
of the Legislature that
consider appropriations, nor
sooner than whatever lesser
time those persons, or their
designees, may in each instance
determine.
7. The Student Aid Commission is
authorized to issue 100 new
warrants for the State Nursing
Assumption Program of Loans for
Education (SNAPLE) Employees of
State Facilities Program
pursuant to Article 2
(commencing with Section 70120)
of Chapter 3 of Part 42 of
Division 5 of Title 3 of the
Education Code.
8. The Student Aid Commission
shall issue 100 new State
Nursing Assumption Program of
Loans for Education (SNAPLE)
warrants pursuant to Article 1
(commencing with Section 70100)
of Chapter 3 of Part 42 of
Division 5 of Title 3 of the
Education Code.
9. Of the funds appropriated in
Schedules (1) and (2), $0
reflects reimbursements from
the State Department of Social
Services from the Temporary
Assistance for Needy Families
Block Grant for the purposes of
offsetting General Fund costs
of the Cal Grant Program.
10. Of the funds appropriated in
Schedules (1) and (2),
$3,017,000 reflects
reimbursements from the
Military Department for the
costs of tuition assistance for
National Guard members pursuant
to the provisions of Chapter 12
of the 2009-10 Fourth
Extraordinary Session.
11. Of the funds appropriated in
Schedules (1) and (2), $889,000
reflects reimbursements from
the California Emergency
Management Agency for costs of
loan repayment assistance under
the John R. Justice Grant
Program.
SEC. 369. Item 7980-101-0784 of Section 2.00 of the Budget Act of
2011 is amended 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............................ 62,250,000
SEC. 370. Item 7980-101-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
7980-101-0890--For local assistance,
Student Aid Commission, for payment to
Item 7980-101-0001, payable from the
Federal Trust Fund......................... 14,776,000
Provisions:
2. Of the funds appropriated
in this item, $200,000 is
available for the Cash for
College Program. This amount
reflects funds anticipated
from the College Access
Challenge Grant Program for
the 2011-12 through 2014-15
federal fiscal years.
3. Of the funds appropriated in
this item, $7,349,000 is
available for California
Student Opportunity and Access
Program (Cal-SOAP),
established under Article 4
(commencing with Section
69560) of Chapter 2 of Part 42
of Division 5 of Title 3 of
the Education Code, and shall
be for contract agreements and
shall be available to provide
financial aid awareness and
outreach to students who are
preparing to enter, or are
currently enrolled in,
college. Of this amount,
$1,000,000 is dedicated for
career technical education and
the resulting career
opportunities. The Student Aid
Commission shall consult with
the State Department of
Education and the Office of
the Chancellor of the
California Community Colleges
in determining the projects
and activities for these
funds. This amount reflects
funds anticipated from the
College Access Challenge Grant
Program for the 2011-12
through 2014-15 federal fiscal
years.
4. Of the funds appropriated in
this item, $7,227,000 is
available for the purpose of
offsetting General Fund costs
of financial aid programs.
This amount reflects funds
anticipated from the College
Access Challenge Grant
Program. Nothing in this
provision shall limit the
number of new loan assumption
warrants issued up to the
maximum numbers authorized in
Item 7980-101-0001.
SEC. 371. Item 7100-001-0869 of Section 2.00 of the Budget Act of
2011 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......................... 162,451,000
Schedule:
(1) 61.35-WIA
Administration and
Program
Services............ 23,346,000
(2) 61.40-WIA Growth
Industries.......... 4,603,000
(3) 61.50-WIA
Industries with a
Statewide Need...... 16,511,000
(4) 61.60-WIA Removing
Barriers for
Special Needs
Populations......... 24,717,000
(5) 61.70-WIA Rapid
Response Activities. 48,104,000
(5.5) 61.80-WIA Special
Grants.............. 170,000
(6) 62.10-National
Emergency Grant
Program............. 45,000,000
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, 2011, and April
20, 2012, 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 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 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.
5. During the 2011-12 fiscal year,
notwithstanding Provisions 1 to
3, inclusive, funds
appropriated in Schedules (2)
to (4), inclusive, are not
authorized for expenditure
until the Employment
Development Department and the
Department of Finance submit a
detailed plan for expenditure
based on the available federal
funding. It is the intent of
the Legislature that this plan
be submitted by September 1,
2011. The expenditure of funds
shall be authorized not sooner
than 30 days after this
detailed expenditure plan 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 committee, or his or
her designee, may in each
instance determine.
SEC. 372. Item 7100-001-0870 of Section 2.00 of the Budget Act of
2011 is amended to read:
7100-001-0870--For support of Employment
Development Department, payable from the
Unemployment Administration Fund--
Federal................................... 719,115,000
Schedule:
(1) 10-Employment and
Employment Related
Services............ 177,966,000
(2) 21-Tax Collections
and Benefit
Payments............ 850,743,000
(3) 22-California
Unemployment
Insurance Appeals
Board............... 102,529,000
(4) 30.01-General
Administration...... 51,279,000
(5) 30.02-Distributed
General
Administration...... -51,004,000
(6) 50-Employment
Training Panel...... 45,479,000
(7) Reimbursements...... -22,429,000
(8) Amount payable from
the General Fund
(Item 7100-001-
0001)............... -41,526,000
(9) Amount payable from
the Employment
Development
Department Benefit
Audit Fund (Item
7100-001-0184)...... -14,953,000
(10) Amount payable from
the Employment
Development
Contingent Fund
(Item 7100-001-
0185)............... -47,372,000
(11) Amount payable from
the Employment
Training Fund (Item
7100-001-0514)...... -50,831,000
(12) Amount payable from
the Unemployment
Compensation
Disability Fund
(Item 7100-001- -264,271,00
0588)............... 0
(12.5) Amount payable from
the Unemployment
Fund-- Federal
(Item 7100-001-
0871)............... -15,567,000
(13) Amount payable from
the School
Employees Fund
(Item 7100-001-
0908)............... -928,000
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. 373. Item 7100-001-0871 is added to Section 2.00 of the
Budget Act of 2011, to read:
7100-001-0871--For support of Employment
Development Department, for payment to
Item 7100-001-0870, payable from the
Unemployment Fund--Federal................ 15,567,000
SEC. 374. Item 7100-002-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
7100-002-0001--For support of Employment
Development Department..................... 319,510,000
Provisions:
1. The funds appropriated in this
item may only be used for the
payment of interest due for an
Unemployment Fund loan secured
to pay Unemployment Insurance
benefits.
2. Notwithstanding any other
provision of law and sections
of this act, the Department of
Finance may augment this item
based on the calculation of
actual interest due to the
federal government. The
Employment Development
Department will notify the
Department of Finance by
September 1, 2011, of the
estimated interest payment.
3. Any augmentation pursuant to
Provision 2 of this item, and
the actual interest paid 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.
4. Any funds appropriated in
excess of the amount required
for this interest payment
shall revert to the General
Fund on October 15, 2011.
SEC. 375. Item 7100-011-0588 of Section 2.00 of the Budget Act of
2011 is amended to read:
7100-011-0588--For transfer by the
Controller from the Unemployment
Compensation Disability Fund, upon order
of the Director of Finance, to the
General Fund.............................. (319,510,000)
Provisions:
1. The amount transferred in
this item is a loan from the
Unemployment Compensation
Disability Fund to the
General Fund.
2. The Director of Finance may
augment this item based on
the actual interest due to
the federal government. The
Employment Development
Department will notify the
Department of Finance by
September 1, 2011, of the
estimated interest payment.
3. The loan from the
Unemployment Compensation
Disability Fund to the
General Fund made during the
fiscal year ending June 30,
2012, shall be paid back with
interest, as specified in
Section 16314 of the
Government Code, no later
than June 30, 2016.
4. The loan from the
Unemployment Compensation
Disability Fund shall only be
made from surplus
Unemployment Compensation
Disability Fund funds. Loans
shall not interfere with the
carrying out of the object
for which the Unemployment
Compensation Disability Fund
was created.
5. The annual contribution rate
for the Unemployment
Compensation Disability Fund
shall not increase as the
result of any loan made to
the General Fund. In
calculating the annual
disability insurance tax rate
each year, the Employment
Development Department shall
treat outstanding
Unemployment Compensation
Disability Fund loans as
available cash in the
Unemployment Compensation
Disability Fund.
SEC. 376. Item 7100-012-0890 is added to Section 2.00 of the
Budget Act of 2011, to read:
7100-012-0890--For support of Employment
Development Department, payable from the
Federal Trust Fund, for transfer to the
Unemployment Fund-- Federal............... (15,567,000)
SEC. 377. Item 8380-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
8380-001-0001--For support of Department of
Personnel Administration...................... 6,631,000
Schedule:
(1) 30-Personnel
Management............. 15,841,000
(2) 40.01-Administration... 4,289,000
(3) 40.02-Distributed
Administration......... -4,289,000
(4) 54-Benefits
Administration......... 28,025,000
(5) Reimbursements......... -17,903,000
(6) Amount payable from
the Flexelect Benefit
Fund (Item 8380-001-
0821).................. -1,380,000
(7) Amount payable from
the Deferred
Compensation Plan Fund
(Item 8380-001-0915)... -15,028,000
(8) Amount payable from
the Central Service
Cost Recovery Fund
(Item 8380-001-9740)... -2,924,000
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.
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 colocation 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. 378. Item 8380-496 is added to Section 2.00 of the Budget Act
of 2011, to read:
8380-496--Reversion, Department of
Personnel Administration. As of June 30,
2011, the amounts specified below of the
appropriations provided in the following
citations shall revert to the balances of
the funds from which the appropriations
were made:
0001--General Fund
(1) Item 8380-001-0001, Budget
Act of 2010 (Ch. 712,
Stats. 2010), for
recruitment of medical
professionals.............. 350,000
(2) Item 8380-001-0001, Budget
Act of 2009 (Ch. 1, 2009-
10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10
4th Ex. Sess.), for
recruitment contracts for
medical professionals...... 350,000
SEC. 379. Item 8570-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
8570-001-0001--For support of Department
of Food and Agriculture.................... 65,593,000
Schedule:
(1) 11-Agricultural
Plant and Animal
Health, Pest
Prevention, Food
Safety Services..... 170,693,000
(2) 21-Marketing,
Commodities, and
Agricultural
Services............ 16,407,000
(3) 31-Assistance to
Fairs and County
Agricultural
Activities.......... 3,233,000
(4) 41.01-Executive,
Management, and
Administrative
Services............ 14,552,000
(5) 41.02-Distributed
Executive,
Management, and
Administrative
Services............ -13,378,000
(6) 51-General
Agricultural
Activities.......... 25,983,000
(7) Reimbursements...... -10,818,000
(8) Amount payable from
the Motor Vehicle
Account, State
Transportation Fund
(Item 8570-001-
0044)............... -6,612,000
(9) Amount payable from
the Department of
Agriculture
Account, Department
of Food and
Agriculture Fund
(Item 8570-001-
0111)............... -31,686,000
(11) Amount payable from
the Fair and
Exposition Fund
(Item 8570-001-
0191)............... -3,926,000
(12) Amount payable from
the Harbors and
Watercraft
Revolving Fund
(Item 8570-001-
0516)............... -4,044,000
(13) Amount payable from
the Department of
Agriculture
Building Fund (Item
8570-001-0601)...... -1,959,000
(14) Amount payable from
the Federal Trust
Fund (Item 8570-001-
0890)............... -91,819,000
(15) Amount payable from
the Antiterrorism
Fund (Item 8570-001-
3034)............... -537,000
(16) Amount payable from
the Municipal
Shelter Spay-Neuter
Fund (Item 8570-001-
8055)............... -10,000
(17) Amount payable from
the Satellite
Wagering Account
(Item 8570-012-
0192)............... -486,000
Provisions:
1. The Secretary of Food and
Agriculture shall furnish to the
Director of Finance and the
Chairperson of the Joint
Legislative Budget Committee
annual reports on all
expenditures from all fund
sources for emergency detection
and eradication activities
relating to agricultural plant
or animal pests or diseases for
which no other program funds are
available to be used to
detect or eradicate such pest or
disease if 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. 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.
4. The Department of Food and
Agriculture shall require full
public participation, including
public meetings, from all major
regions of the state for each
notification of proposed actions
within the Light Brown Apple
Moth program. Further, it is the
intent of the Legislature that
funding appropriated in this
item for Light Brown Apple Moth
program activities shall be
reduced by $700,000 in the 2011-
12 fiscal year and an additional
$900,000 in the 2012-13 fiscal
year. These reductions will be
counted as part of the
department's overall reduction
of $15,000,000 from the General
Fund in the 2011-12 fiscal year
($30,000,000 in the 2012-13
fiscal year and annually
thereafter).
SEC. 380. Item 8570-001-0111 of Section 2.00 of the Budget Act of
2011 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.... 31,686,000
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. 381. Item 8570-001-0516 of Section 2.00 of the Budget Act of
2011 is amended to read:
8570-001-0516--For support of Department
of Food and Agriculture, for payment to
Item 8570-001-0001, payable from the
Harbors and Watercraft Revolving Fund..... 4,044,000
SEC. 382. Item 8570-004-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
8570-004-0001--For transfer by the
Controller to the Pierce's Disease
Management Account.......................... 3,066,000
Provisions:
1. The funds appropriated in this item
shall be deposited in the Pierce's
Disease Management Account in the
Department of Food and Agriculture
Fund and shall be available for
expenditure for the purpose of
combating Pierce's disease and its
vectors.
SEC. 383. Item 8570-011-0191 of Section 2.00 of the Budget Act of
2011 is repealed.
SEC. 384. Item 8570-101-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
8570-101-0001--For local assistance,
Department of Food and Agriculture........... 9,555,000
Schedule:
(1) 11-Agricultural Plant and
Animal Health; Pest
Prevention; Food Safety
Services................... 9,555,000
SEC. 385. Item 8570-101-0191 of Section 2.00 of the Budget Act of
2011 is repealed.
SEC. 386. Item 8570-102-0001 of Section 2.00 of the Budget Act of
2011 is repealed.
SEC. 387. Item 8570-111-0001 of Section 2.00 of the Budget Act of
2011 is repealed.
SEC. 388. Item 8570-403 of Section 2.00 of the Budget Act of 2011
is repealed.
SEC. 389. Item 8570-491 is added to Section 2.00 of the Budget Act
of 2011, to read:
8570-491--Reappropriation, Department of Food
and Agriculture. 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 8570-301-0660, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008),
as reappropriated by Item 8570-491,
Budget Act of 2010 (Ch. 712,
Stats. 2010)
(1) 90.31.010 California Animal
Health and Food Safety
Laboratory: Tulare/Fresno:
Laboratory Consolidation and
Replacement--Working drawings,
construction, and equipment
(2) Item 8570-301-0660, Budget Act of
2009 (Ch. 1, 2009-10 3rd Ex. Sess.,
as revised by Ch. 1, 2009-10 4th Ex.
Sess.), as reappropriated by Item
8570-491, Budget Act of 2010 (Ch.
712, Stats. 2010)
(1) 90.18.001--Relocation: Yermo
Agriculture Inspection Station-
-Acquisition, preliminary
plans, working drawings, and
construction
SEC. 390. Item 8660-001-0462 of Section 2.00 of the Budget Act of
2011 is amended to read:
8660-001-0462--For support of Public
Utilities Commission, payable from the
Public Utilities Commission Utilities
Reimbursement Account...................... 82,627,000
Schedule:
(1) 10-Regulation of
Utilities........... 173,502,000
(2) 15-Universal
Service Telephone
Programs............ 648,081,000
(3) 20-Regulation of
Transportation...... 21,463,000
(4) 30.01-
Administration...... 30,573,000
(5) 30.02-Distributed
Administration...... -30,573,000
(6) Reimbursements...... -59,224,000
(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)............... -3,610,000
(8) Amount payable from
the Public
Transportation
Account, State
Transportation Fund
(Item 8660-001-
0046)............... -4,055,000
(9) Amount payable from
the Transportation
Rate Fund (Item
8660-001-0412)...... -2,695,000
(10) Amount payable from
the Public
Utilities
Commission
Transportation
Reimbursement
Account (Item 8660-
001-0461)........... -11,103,000
(11) Amount payable from
the California High-
Cost Fund-A
Administrative
Committee Fund
(Item 8660-001-
0464)............... -56,339,000
(12) Amount payable from
the California High-
Cost Fund-B
Administrative
Committee Fund
(Item 8660-001-
0470)............... -47,711,000
(13) Amount payable from
the Universal
Lifeline Telephone
Service Trust
Administrative
Committee Fund
(Item 8660-001-
0471)............... -375,006,000
(14) Amount payable from
the Deaf and
Disabled
Telecommunications
Program
Administrative
Committee Fund
(Item 8660-001-
0483)............... -69,028,000
(15) Amount payable from
the Payphone
Service Providers
Committee Fund
(Item 8660-001-
0491)............... -72,000
(16) Amount payable from
the California
Teleconnect Fund
Administrative
Committee Fund
(Item 8660-001-
0493)............... -75,094,000
(17) Amount payable from
the Federal Trust
Fund (Item 8660-001-
0890)............... -4,195,000
(18) Amount payable from
the Public
Utilities
Commission
Ratepayer Advocate
Account (Item 8660-
001-3089)........... -23,421,000
(19) Amount payable from
the California
Advanced Services
Fund (Item 8660-001-
3141)............... -24,831,000
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. No funds in this item shall be
used to fund regulatory,
statutory, or rulemaking
processes related to distributed
generation. Funds in this item
may be used to explore policy
options for distributed
generation for presentation to
the Legislature.
SEC. 391. Item 8660-001-0890 of Section 2.00 of the Budget Act of
2011 is amended to read:
8660-001-0890--For support of Public
Utilities Commission, for payment to Item
8660-001-0462, payable from the Federal
Trust Fund................................ 4,195,000
SEC. 392. Item 8660-001-3089 of Section 2.00 of the Budget Act of
2011 is amended to read:
8660-001-3089--For support of Public
Utilities Commission, for payment to Item
8660-001-0462, payable from the Public
Utilities Commission Ratepayer Advocate
Account................................... 23,421,000
SEC. 393. Item 8830-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
8830-001-0001--For support of California Law
Revision Commission.......................... 0
Schedule:
(1) 10-Law Revision Commission. 665,000
(2) Reimbursements............. -665,000
Provisions:
1. For the 2011-12 fiscal year only, of
the reimbursements identified in
Schedule (2), the amount of $650,000
shall be paid from the amounts
appropriated in Items 0160-001-0001
and 0160-001-9740.
SEC. 394. Item 8840-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
8840-001-0001--For support of the California
Commission on Uniform State Laws............. 0
Schedule:
(1) 10-Support................. 148,000
(2) Reimbursements............. -148,000
Provisions:
1. For the 2011-12 fiscal year only,
the reimbursements identified in
Schedule (2) shall be paid from the
amounts appropriated in Items 0160-
001-0001 and 0160-001-9740.
SEC. 395. Item 8860-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
8860-001-0001--For support of Department of
Finance..................................... 20,814,000
Schedule:
(1) 10-Annual Financial
Plan.................. 25,696,000
(2) 15-Financial
Information System
for California
(FI$Cal) Project
Support............... 1,950,000
(3) 20-Program and
Information System
Assessments........... 13,710,000
(4) 30-Supportive Data.... 13,938,000
(4.5) 35-American Recovery
and Reinvestment Act
Oversight............. 1,235,000
(5) 40.01-Administration.. 7,278,000
(6) 40.02-Distributed
Administration........ -7,278,000
(7) Reimbursements........ -18,828,000
(8) Amount payable from
the General Fund
(Item 8860-005-0001).. -333,000
(9) Amount payable from
Unallocated Special
Funds (Item 8860-011-
0494)................. -790,000
(10) Amount payable from
Unallocated Bond
Funds-- Select (Item
8860-011-0797)........ -172,000
(11) Amount payable from
Various Other
Unallocated
Nongovernmental Cost
Funds (Item 8860-011-
0988)................. -474,000
(12) Amount payable from
the 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).. -43,000
(13) Amount payable from
the Central Service
Cost Recovery Fund
(Item 8860-001-9740).. -14,544,000
(14) Amount payable from
the Central Service
Cost Recovery Fund
(Item 8860-002-9740).. -531,000
Provisions:
1. The funds appropriated in this
item for the California State
Accounting and Reporting System
(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 data-
processing costs related to the
California State Accounting and
Reporting System (CALSTARS) 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 2011-
12 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 (4) for the purpose of
evaluating and continuing
development and enhancement of
the Governor's Budget
Presentation System (GBPS), the
following provisions apply:
(a) From time to time, but no
later than December 1 of
each year, the Department
of Finance shall update
the Legislature on
anticipated changes to
the GBPS. In addition,
the Department of Finance
shall (1) no later than
approximately the 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: 45 copies to
the Legislative Analyst's
Office, 6 copies to the
Legislative Counsel
Bureau, 120 copies for
offices of the Members of
the Legislature, 5 copies
to the Senate Committee
on Rules, 5 copies to the
Assembly Committee on
Rules, and 60 copies to
the fiscal committees of
the Legislature, 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: 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 be
provided 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
Internet Web development
firm to augment and
continue consulting
services until June 30 of
each year, for the
purpose of providing
continuity of services.
SEC. 396. Item 8860-001-6065 of Section 2.00 of the Budget Act of
2011 is amended to read:
8860-001-6065--For support of Department
of Finance, for payment to Item 8860-001-
0001, 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............ 43,000
SEC. 397. Item 8860-001-9740 of Section 2.00 of the Budget Act of
2011 is amended to read:
8860-001-9740--For support of Department
of Finance, for payment to Item 8860-001-
0001, payable from Central Service Cost
Recovery Fund............................. 14,544,000
SEC. 398. Item 8860-011-0494 of Section 2.00 of the Budget Act of
2011 is amended to read:
8860-011-0494--For support of Department of
Finance, for payment to Item 8860-001-0001,
payable from Other Unallocated Special
Funds....................................... 790,000
Provisions:
1. Notwithstanding any other provision
of law, the Director of Finance may
authorize expenditures in excess of
the amount appropriated in this
item not sooner than 30 days
after notification in writing of
the necessity therefor is provided
to the chairpersons of the fiscal
committees and the Chairperson of
the Joint Legislative Budget
Committee, or not sooner than
whatever lesser time after that
notification the chairperson of the
joint committee, or his or her
designee, may in each instance
determine.
SEC. 399. Item 8860-011-0797 of Section 2.00 of the Budget Act of
2011 is amended to read:
8860-011-0797--For support of Department of
Finance, for payment to Item 8860-001-0001,
payable from Unallocated Bond Funds--
Select...................................... 172,000
Provisions:
1. Notwithstanding any other provision
of law, the Director of Finance may
authorize expenditures in excess of
the amount appropriated in this
item not sooner than 30 days
after notification in writing of
the necessity therefor is provided
to the chairpersons of the fiscal
committees and the Chairperson of
the Joint Legislative Budget
Committee, or not sooner than
whatever lesser time after that
notification the chairperson of the
joint committee, or his or her
designee, may in each instance
determine.
SEC. 400. Item 8860-011-0988 of Section 2.00 of the Budget Act of
2011 is amended to read:
8860-011-0988--For support of Department of
Finance, for payment to Item 8860-001-0001,
payable from Various Other Unallocated
Nongovernmental Cost Funds.................. 474,000
Provisions:
1. Notwithstanding any other provision
of law, the Director of Finance may
authorize expenditures in excess of
the amount appropriated in this
item not sooner than 30 days after
notification in writing of the
necessity therefor is provided to
the chairpersons of the fiscal
committees and the Chairperson of
the Joint Legislative Budget
Committee, or not sooner than
whatever lesser time after that
notification the chairperson of the
joint committee, or his or her
designee, may in each instance
determine.
SEC. 401. Item 8880-001-9737 of Section 2.00 of the Budget Act of
2011 is amended to read:
8880-001-9737--For support of Financial
Information System for California, payable
from the FI$Cal Internal Services Fund........ 5,024,000
Schedule:
(1) 15-Statewide Systems
Development............ 38,468,000
(2) Amount payable from
General Fund (Item
8880-001-0001)......... -1,991,000
(3) Amount payable from
Central Service Cost
Recovery Fund (Item
8880-001-9740)......... -6,275,000
(4) Amount payable from
various special and
nongovernmental cost
funds (Section 8.88)... -25,178,000
Provisions:
1. The Department of Finance is
authorized to approve and make
expenditures from this item until
the Office of the Financial
Information System for California
is established through legislation.
2. Control agency delegations for
administrative services approved
for the administrative services
provider department to the
Financial Information System for
California (FI$Cal) project shall
be extended to the FI$Cal project
and the FI$Cal Office until such
time as the project and office
obtain separate delegation
approvals.
3. The FI$Cal project is appropriated
up to $38,468,000. The Director of
Finance is authorized to decrease
this item and Section 8.88
consistent with the funding levels
identified in a Special Project
Report approved by the California
Technology Agency. The Director of
Finance shall report such an action
to the Chairperson of the Joint
Legislative Budget Committee within
30 days of taking the action.
4. Notwithstanding the provisions of
Items 9840-001-0001 to 9840-001-
0988, inclusive, the Department of
Finance may adjust the amounts
authorized under this item and
Section 8.88 consistent with the
funding schedule included in the
most recently approved Special
Project Report submitted upon
completion of the Stage II
procurement for the FI$Cal 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. 402. Item 8880-001-9740 of Section 2.00 of the Budget Act of
2011 is amended to read:
8880-001-9740--For support of Financial
Information System for California, for
payment to Item 8880-001-9737, payable
from Central Service Cost Recovery Fund... 6,275,000
SEC. 403. Item 8880-011-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
8880-011-0001--For transfer by the
Controller, upon order of the Director of
Finance, to the FI$Cal Internal Services
Fund...................................... 515,000
SEC. 404. Item 8885-295-0001 of Section 2.00 of the Budget Act of
2011 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..................................... 47,809,000
Schedule:
(1) For payment of the
following mandate claims
for costs incurred in
the 2004-05 through 2009- 47,809,00
10 fiscal years.......... 0
(a) Threats Against Peace
Officers (Ch. 1249, Stats.
1992; Ch. 666, Stats. 1995)
(CSM-96-365-02)
(b) Custody of Minors-Child
Abduction and Recovery (Ch.
1399, Stats. 1976; Ch. 162,
Stats. 1992; and Ch. 988,
Stats. 1996) (CSM-4237)
(c) Medi-Cal Beneficiary Death
Notices (Chs. 102 and 1163,
Stats. 1981) (CSM-4032)
(d) Sexually Violent Predators
(Chs. 762 and 763, Stats.
1995) (CSM-4509)
(e) Domestic Violence Treatment
Services (Ch. 183, Stats.
1992) (CSM-96-281-01)
(f) Domestic Violence Arrest
Policies (Ch. 246, Stats.
1995) (CSM-96-362-02)
(g) Unitary Countywide Tax
Rates (Ch. 921, Stats.
1987) (CSM-4317 and CSM-
4355)
(h) Allocation of Property Tax
Revenues (Ch. 697, Stats.
1992) (CSM-4448)
(i) Rape Victim Counseling (Ch.
999, Stats. 1991) (CSM-4426)
(j) Health Benefits for
Survivors of Peace Officers
and Firefighters (Ch. 1120,
Stats. 1996) (97-TC-25)
(k) Crime Victims' Domestic
Violence Incident Reports
(Ch. 1022, Stats. 1999) (99-
TC-08)
(l) Peace Officer Personnel
Records: Unfounded
Complaints and Discovery
(Ch. 630, Stats. 1978; Ch.
741, Stats. 1994) (00-TC-24)
(m) Domestic Violence Arrests
and Victims Assistance
(Chs. 698 and 702, Stats.
1998) (98-TC-14)
(2) For payment of mandate
claims for the 2005-06
through 2009-10 fiscal
years for the Public
Safety Officers
Procedural Bill of
Rights Act (Ch. 675,
Stats. 1990) (CSM-4499).. 0
(2.5) For payment of mandate
claims for the 2001-02
through 2008-09 fiscal
years for the Local
Government Employment
Relations Mandate (Ch.
901, Stats. 2000) (01-TC-
30)...................... 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
2011-12 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) Airport Land Use
Commission/Plans (Ch. 644,
Stats. 1994) (CSM-4507)
(d) Animal Adoption (Ch. 752,
Stats. 1998) (04-PGA-01,
98-TC-11)
(e) Binding Arbitration (Ch.
906, Stats. 2000) (01-TC-07)
(f) California Fire Incident
Report System (Ch. 345,
Stats. 1987) (00-TC-02)
(g) Conservatorship:
Developmentally Disabled
Adults (Ch. 1304, Stats.
1980) (04-LM-13)
(h) Coroners' Costs (Ch. 498,
Stats. 1977) (04-LM-07)
(i) Crime Victims' Domestic
Violence Incident Reports
II (Ch. 901, Stats. 1984)
(02-TC-18)
(j) Deaf Teletype Equipment
(Ch. 502, Stats. 1980) (04-
LM-11)
(k) Developmentally Disabled
Attorneys' Services (Ch.
694, Stats. 1975) (04-LM-03)
(l) DNA Database & Amendments
to Postmortem Examinations:
Unidentified Bodies (Ch.
822, Stats. 2000; Ch. 467,
Stats. 2001) (00-TC-27, 02-
TC-39)
(m) Domestic Violence
Information (Ch. 1609,
Stats. 1984) (CSM-4222)
(n) Elder Abuse, Law
Enforcement Training (Ch.
444, Stats. 1997) (98-TC-12)
(o) Extended Commitment, Youth
Authority (Ch. 267, Stats.
1998) (98-TC-13)
(p) False Reports of Police
Misconduct (Ch. 590, Stats.
1995) (00-TC-26)
(q) Filipino Employee Surveys
(Ch. 845, Stats. 1978) (CSM-
2142)
(r) Firearm Hearings for
Discharged Inpatients (Chs.
9 and 177, Stats. 1990) (99-
TC-11)
(s) Grand Jury Proceedings (Ch.
1170, Stats. 1996) (98-TC-
27)
(t) Guardianship/Conservatorship
Filings (Ch. 1357, Stats.
1976) (04-LM-15)
(u) Handicapped Voter Access
Information (Ch. 494,
Stats. 1979) (CSM-4363)
(v) Inmate AIDS Testing (Ch.
1579, Stats. 1988; Ch. 768,
Stats. 1991) (CSM-4369
and CSM-4429)
(w) Judiciary Proceedings (Ch.
644, Stats. 1980) (CSM-4366)
(x) Law Enforcement Sexual
Harassment Training (Ch.
126, Stats. 1993) (97-TC-07)
(y) 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-
4368, and CSM-4484)
(ee) Not Guilty by Reason of
Insanity (Ch. 1114, Stats.
1979) (CSM-2753)
(ff) Pacific Beach Safety: Water
Quality and Closures (Ch.
961, Stats. 1992) (CSM-4432)
(gg) Perinatal Services (Ch.
1603, Stats. 1990) (CSM-
4397)
(hh) Personal Safety 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) Postmortem Examinations:
Unidentified Bodies, Human
Remains (Ch. 284, Stats.
2000) (00-TC-18)
(mm) Prisoner Parental Rights
(Ch. 820, Stats. 1991) (CSM-
4427)
(nn) Senior Citizens Property
Tax Postponement (Ch. 1242,
Stats. 1977; Ch. 43, Stats.
1978) (CSM-4359)
(oo) Sex Crime Confidentiality
(Ch. 502, Stats. 1992; Ch.
36, 1993-94 1st Ex. Sess.)
(98-TC-21)
(pp) Sex Offenders: Disclosure
by Law Enforcement Officers
(Chs. 908 and 909, Stats.
1996) (97-TC-15)
(qq) SIDS Autopsies (Ch. 955,
Stats. 1989) (CSM-4393)
(rr) SIDS Contacts by Local
Health Officers (Ch. 268,
Stats. 1991) (CSM-4424)
(ss) SIDS Notices (Ch. 453,
Stats. 1974) (04-LM-01)
(tt) SIDS Training for
Firefighters (Ch. 1111,
Stats. 1989) (CSM-4412)
(uu) Stolen Vehicle Notification
(Ch. 337, Stats. 1990) (CSM-
4403)
(vv) Structural and Wildland
Firefighters' Safety
Clothing and Equipment (8
Cal. Code Regs. 3401 to
3410, incl.) (CSM-4483)
(ww) Substandard Housing (Ch.
238, Stats. 1974) (CSM-4303)
(xx) Very High Fire Hazard
Severity Zones (Ch. 1188,
Stats. 1992) (97-TC-13)
(yy) Victims' Statements-Minors
(Ch. 332, Stats. 1981) (04-
LM-14)
(zz) Mandate Reimbursement
Process (Ch. 486, Stats.
1975) (CSM-4204 and CSM-
4485)
(aaa) Mandate Reimbursement
Process II (Ch. 890, Stats.
2004) (05-TC-05)
(bbb) Fifteen-Day Close of
Voter Registration (Ch.
899, Stats. 2000) (01-TC-15)
(ccc) Absentee Ballots (Ch. 77,
Stats. 1978) (CSM-3713)
(ddd) Permanent Absent Voters
(Ch. 1422, Stats. 1982)
(CSM-4358)
(eee) Absentee Ballots-Tabulation
by Precinct (Ch. 697,
Stats. 1999) (00-TC-08)
(fff) Brendon Maguire Act (Ch.
391, Stats. 1988) (CSM-4357)
(ggg) Voter Registration
Procedures (Ch. 704, Stats.
1975) (04-LM-04)
(hhh) In-Home Supportive Services
II (Ch. 445, Stats. 2000;
Ch. 90, Stats. 1999) (00-TC-
23)
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. 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.
3. Notwithstanding any other
provision of law, accounts
receivable for recoveries that
result in savings as described in
this item 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.
SEC. 405. Item 8940-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
8940-001-0001--For support of Military
Department................................. 44,532,000
Schedule:
(1) 10-Army National
Guard............... 78,571,000
(2) 20-Air National
Guard............... 22,965,000
(3) 30.01-Office of the
Adjutant General.... 13,969,000
(4) 30.02-Distributed
Office of the
Adjutant General.... -13,882,000
(5) 35-Military Support
to Civil Authority.. 19,706,000
(6) 40-Military
Retirement.......... 1,535,000
(7) 50-California Cadet
Corps............... 630,000
(8) 55-California State
Military Reserve.... 527,000
(9) 65-California
National Guard
Youth Programs...... 18,623,000
(10) Reimbursements...... -19,993,000
(11) Amount payable from
the Armory
Discretionary
Improvement Account
(Item 8940-001-
0485)............... -171,000
(12) Amount payable from
the Federal Trust
Fund (Item 8940-001-
0890)............... -77,396,000
(13) Amount payable from
the Mental Health
Services Fund (Item
8940-001-3085)...... -552,000
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, $705,000 shall be
used to provide mandatory
employee compensation increases
for state active duty employees,
as follows: (a) $349,000 shall
provide the remaining half-year
funding needed for the
compensation increase effective
January 1, 2011, and (b)
$356,000 shall provide half-year
funding for a compensation
increase effective January 1,
2012, 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 provision 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
provision shall revert to the
General Fund.
SEC. 406. Item 8955-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
8955-001-0001--For support of Department
of Veterans Affairs....................... 216,205,799
Schedule:
(1) 10-Farm and Home
Loans to Veterans... 2,255,000
(2) 20-Veterans Claims
and Rights.......... 7,374,000
(3) 30.01-Headquarters.. 28,910,000
(4) 30.10-Veterans
Home of California
at Yountville....... 82,582,000
(5) 30.20-Veterans Home
of California at
Barstow............. 20,953,000
(6) 30.30-Veterans Home
of California at
Chula Vista......... 29,420,000
(7) 30.40-Veterans Home
of California at
Greater Los
Angeles, Ventura
County (GLAVC)...... 40,545,000
(8) 30.50-Veterans Home
of California at
Redding............. 6,983,398
(9) 30.60-Veterans Home
of California at
Fresno.............. 4,678,401
(10) 50.01-General
Administration...... 31,672,000
(11) 50.02-Distributed
General
Administration...... -31,672,000
(12) Reimbursements...... -615,000
(13) Amount payable from
the Veterans
Service Office Fund
(Item 8955-001-
0083)............... -58,000
(14) Amount payable from
the Northern
California Veterans
Cemetery Perpetual
Maintenance Fund
(Item 8955-001-
0238)............... -59,000
(15) Amount payable from
the Veterans' Farm
and Home Building
Fund of 1943 (Item
8955-001-0592)...... -2,255,000
(16) Amount payable from
the Federal Trust
Fund (Item 8955-001-
0890)............... -4,271,000
(17) Amount payable from
the Mental Health
Services Fund (Item
8955-001-3085)...... -237,000
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 for
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 no-
cost nonprescription drug
benefit of the Veterans Home of
California at Yountville 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
Veterans Home of California at
Chula Vista and the Veterans
Home of California at Barstow.
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 2011-12 fiscal
year because no appropriation
has been provided to support
the activities required by
Chapter 615 of the Statutes of
2006.
SEC. 407. Item 8955-011-8048 is added to Section 2.00 of the
Budget Act of 2011, to read:
8955-011-8048--For transfer by the
Controller, upon order of the Director of
Finance, and in accordance with Chapter
291 of the Statutes of 2006, as amended
by Chapter 450 of the Statutes of 2010,
from the California Central Coast State
Veterans Cemetery at Fort Ord Endowment
Fund to the California Central Coast
State Veterans Cemetery at Fort Ord
Operations Fund........................... (1,074,000)
SEC. 408. Item 8955-301-3013 is added to Section 2.00 of the
Budget Act of 2011, to read:
8955-301-3013--For capital outlay, Department
of Veterans Affairs, payable from the
California Central Coast State Veterans
Cemetery at Fort Ord Operations Fund.......... 1,074,000
Schedule:
(1) 80.10.100-Central Coast
Veterans Cemetery-
-Preliminary plans.......... 1,074,000
SEC. 409. Item 9300-101-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
9300-101-0001--For local assistance,
payment to local government for costs of
homicide trials, for payment by the
Controller.................................. 701,000
Provisions:
1. It is the intent of the Legislature
that counties that qualify for
reimbursement of homicide trial
costs pursuant to Chapter 3
(commencing with Section 15200) of
Part 6 of Division 3 of Title 2
of the Government Code shall
forward claims for payment to the
Controller. Upon review and
approval of those claims by the
Controller, reimbursement for
approved costs shall be provided to
counties through the supplemental
appropriation process.
2. By May 1, 2011, the Controller
shall provide the Department of
Finance and the committees in each
house of the Legislature that
consider the budget with copies of
those claims approved for payment.
Claims not approved for payment by
that date shall be paid in the
following fiscal year.
3. Notwithstanding any other provision
of law, $700,000 of the amount
appropriated in this item shall be
made available for the payment
of the costs incurred by the County
of Del Norte for homicide trials
pursuant to Chapter 3 (commencing
with Section 15200) of Part 6 of
Division 3 of Title 2 of the
Government Code. This appropriation
shall not be reduced pursuant to
subdivision (a) of Section 15202 of
the Government Code.
SEC. 410. Item 9620-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
9620-001-0001--For Cash Management and
Budgetary Loans, upon order of the
Director of Finance, for payment of
interest and other costs for cash
management purposes........................ 75,000,000
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
cashflow 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
cashflow borrowings and the
potential impact on other
borrowings of the state
including long-term borrowing.
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 and other costs
related to internal borrowing
exceed the amount appropriated
in this item, there is hereby
appropriated any amount
necessary to pay such
costs. Augmentation pursuant
to this provision shall not be
expended until 30 days after
the Department of Finance
notifies the Joint Legislative
Budget Committee of the
amounts necessary or until any
lesser time after that
notification as determined by
the chairperson of the joint
committee.
3. In the event that Revenue
Anticipation Warrants (RAWs)
or Registered Warrants (IOUs)
are issued, or considered to
be issued, there is hereby
appropriated any amount
necessary 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 or obligated prior to
30 days after the Department
of Finance notifies the Joint
Legislative Budget Committee
of the amounts or potential
costs necessary or prior to a
shorter period of time as
determined by the Chairperson
of the Joint Legislative
Budget Committee.
4. To ensure prompt and accurate
General Fund cashflow
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. 411. Item 9800-001-0001 of Section 2.00 of the Budget Act of
2011 is amended to read:
9800-001-0001--For Augmentation for
Employee Compensation...................... 152,847,000
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
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
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 in 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 Director of Finance shall
not allocate any funds related
to those pending agreements
pursuant to Provision 2, and
the expenditure of funds for
those pending agreements shall
not be deemed to have been
approved by the Legislature.
6. As of July 31, 2012, the
unencumbered balances of the
above appropriation shall
revert to the General Fund.
SEC. 412. Item 9800-001-0494 of Section 2.00 of the Budget Act of
2011 is amended to read:
9800-001-0494--For Augmentation for
Employee Compensation, payable from other
unallocated special funds.................. 65,565,000
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 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 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
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 in 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 Director of Finance shall
not allocate any funds related
to those pending
agreements pursuant to
Provision 2, and the
expenditure of funds for those
pending agreements shall not
be deemed to have been
approved by the Legislature.
7. As of July 31, 2012, the
unencumbered balances of the
above appropriation shall no
longer be available for
expenditure.
SEC. 413. Item 9800-001-0988 of Section 2.00 of the Budget Act of
2011 is amended to read:
9800-001-0988--For Augmentation for
Employee Compensation, payable from other
unallocated nongovernmental cost funds..... 32,293,000
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 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 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
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 in 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 Director of Finance shall
not allocate any funds
related to those pending
agreements pursuant to
Provision 2, and the
expenditure of funds for those
pending agreements shall not
be deemed to have been
approved by the Legislature.
7. As of July 31, 2012, the
unencumbered balances of the
above appropriation shall no
longer be available for
expenditure.
SEC. 414. Item 9860-301-0001 of Section 2.00 of the Budget Act of
2011 is repealed.
SEC. 415. Section 3.60 of the Budget Act of 2011 is amended to
read:
SEC. 3.60. (a) Notwithstanding any other provision of law, the
employers' retirement contributions for the 2011-12 fiscal year that
are chargeable to any item with respect to each state officer and
employee who is a member of the Public Employees' Retirement System
(PERS) or the Judges' Retirement System II and who is in that
employment or office, including university members as provided by
Section 20822 of the Government Code, shall be the percentage of
salaries and wages by state member category, as follows:
Miscellaneous, First Tier...... 18.175%
California State University, Miscellaneous, First Tier......
18.175%
Miscellaneous, Second Tier...... 17.025%
State Industrial...... 14.934%
State Safety...... 16.428%
Peace Officer/Firefighter...... 27.415%
California State University, Peace
Officer/Firefighter......27.415%
Highway Patrol...... 31.364%
Judges' Retirement System II...... 23.441%
The Director of Finance may adjust amounts in any appropriation
item, or in any category thereof, as a result of changes from amounts
budgeted for employer contributions for 2011-12 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 shall be deemed to be the amounts remaining after the
adjustments required by subdivisions (a) and (b) are made.
(d) In the event that the Board of Administration of the
California Public Employees' Retirement System (the board) adopts
separate employer contribution rates for the California State
University and adopts new employer contribution rates for the
remaining state member categories pursuant to their existing
fiduciary responsibilities, the Director of Finance may adjust the
percentage levels of the employers' retirement contributions listed
in subdivision (a) to be consistent with the employer contribution
rates set by the board. The Director of Finance shall notify the
Controller's office by way of executive order of these adjustments in
the employers' retirement contributions. Nothing in this section
shall require the board to take action as described in this section
unless the board determines, in good faith, that the action described
in this section is consistent with the fiduciary responsibilities of
the board as described in Section 17 of Article XVI of the
California Constitution. Nothing in this section shall be construed
to change or expand the existing ability of the administration to
adjust employee pension contribution rates or benefits of
nonrepresented employees.
(e) It is the intent of the Legislature that the Department of
Finance develop and implement a revised process, in consultation with
the California State University, that allows the Director of Finance
to more accurately adjust the university's appropriation amounts for
employer pension contributions beginning in the 2011-12 fiscal year,
as allowed in subdivision (a). The Director of Finance shall submit
a brief description of the revised process to the Chairperson of the
Joint Legislative Budget Committee and the Chancellor of the
California State University on or before January 10, 2012.
SEC. 416. Section 3.90 of the Budget Act of 2011 is amended to
read:
SEC. 3.90. (a) Notwithstanding any other provision of law, each
item of appropriation, with the exception of those items for the
California State University, the University of California, Hastings
College of the Law, the Legislature, and the Judicial Branch, shall
be reduced, as appropriate, to reflect reductions in employee
compensation achieved through collective bargaining agreements
ratified in 2010 and 2011 and a reduction for nonrepresented
employees (utilizing existing authority of the administration to
adjust compensation for nonrepresented employees) in the total
amounts of $288,325,000 from General Fund items and $192,474,000 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) Notwithstanding any other provision of law, the Director of
Finance shall adjust items 9650 and 9800 pursuant to the health rates
adopted by the Board of Administration of the California Public
Employees' Retirement System for the 2011-12 fiscal year and Section
4.21, as appropriate.
SEC. 417. Section 3.91 of the Budget Act of 2011 is amended to
read:
SEC. 3.91. (a) Notwithstanding any other provision of law, each
department listed below shall have its appropriations adjusted, as
appropriate, to reflect total savings of not more than $19,069,000
from General Fund items and $5,566,000 from items relating to other
funds achieved through departmental consolidations or eliminations
and other operational efficiencies as follows:
0510 Secretary of State and Consumer Services
0520 Secretary of Business,
Transportation and Housing
0552 Office of the Inspector General
0559 Labor and Workforce Development Agency
0690 California Emergency Management Agency
0820 Department of Justice
2240 Department of Housing and Community
Development
3125 California Tahoe Conservancy
Department of Parks and Recreation only
3790 to the extent of the amounts reverted
pursuant to Item 3790-497
3860 Department of Water Resources
4140 Office of Statewide Health Planning and
Development
7100 Employment Development Department
7350 Department of Industrial Relations
8380 Department of Personnel Administration
8830 California Law Revision Commission
8840 California Commission on Uniform State
Laws
8860 Department of Finance
The Director of Finance shall allocate the necessary adjustments
to each item of appropriation to accomplish the specific adjustments
identified in this subdivision.
(b) Notwithstanding any other provision of law, and in addition to
the adjustments provided in subdivision (a), each item of
appropriation, with the exception of those items for the California
State University, the University of California, Hastings College of
the Law, the Legislature, and the Judicial Branch, shall be adjusted,
as appropriate, to reflect savings achieved through departmental
reorganizations, consolidations, or eliminations as approved by the
Legislature, and operational efficiencies and other cost reduction
measures, such as reducing contracts, of not more than $224,900,000
from General Fund items and $152,000,000 from items relating to other
funds. The Director of Finance shall allocate the necessary
adjustments to each item of appropriation to accomplish the specific
savings identified in this subdivision.
(c) For purposes of this section, no consolidation,
reorganization, or elimination shall be considered approved by the
Legislature unless it is (1) included in a Governor's Reorganization
Plan that has become effective, (2) described in chaptered
legislation other than the Budget Act, or (3) identified in both the
Governor's 2011-12 May Revision summary and in subdivision (a).
(d) Notwithstanding any other provision of law, and in addition to
the adjustments in subdivisions (a) and (b), the Director of Finance
may increase amounts in any item of appropriation in Section 2.00 to
reflect reorganizations, consolidations, or eliminations of
departments or functions of departments which are approved by the
Legislature.
SEC. 418. Section 3.93 is added to the Budget Act of 2011, to
read:
SEC. 3.93. Notwithstanding any other provision of law, the items
of appropriation for the Department of Corrections and Rehabilitation
shall be reduced by $194,503,000 from the General Fund and $670,000
from other funds to reflect savings from implementing the 5-percent
workforce cap reduction to departmental personnel and operating
expenses and equipment costs resulting from Executive Order S-01-10.
The Director of Finance may allocate the necessary reductions to each
item of appropriation to accomplish the savings required by this
section.
SEC. 418.5. Section 8.25 is added to the
Budget Act of 2011 , to read:
Sec. 8.25. (a) Any amount received in the 2010-11
fiscal year from the federal government for reimbursement of the
amount of moneys owed to the State for the operation of the Medi-Cal
Program from past expenditures for health care services provided to
individuals who were eligible for Medicare Program coverage, which is
estimated to be about $700,000,000, shall be deposited in the
Federal Trust Fund. Notwithstanding Section 28.00, the Department of
Finance may authorize expenditures of these funds in a manner that is
consistent with federal law and that offsets General Fund
expenditures otherwise authorized in this act. The Director of
Finance is authorized to reduce Item 4260-101-0001 and Item
4260-001-0001 due to the receipt and expenditure of federal funds
pursuant to this section.
(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 after that notification the
chairperson of the joint committee, or his or her designee, may
determine.
SEC. 419. Section 8.88 of the Budget Act of 2011 is amended to
read:
SEC. 8.88. Notwithstanding any other provision of law, a sum not
to exceed $25,178,000 is appropriated from various special and
nongovernmental cost funds to the Financial Information System for
California (FI$Cal) Project for payment of costs to replace the
systems that support the state's business operations. The Controller
shall assess these funds in sufficient amounts to pay for the
authorized FI$Cal Project costs that are attributable to such funds
pursuant to Section 15849.34 of the Government Code. The assessments
in support of the expenditures for the FI$Cal Project shall be made
quarterly, and the total amount assessed from these funds in the
2011-12 fiscal year shall not exceed the total expenditures for the
FI$Cal Project that are attributable to those funds in that fiscal
year.
SEC. 420. Section 12.00 of the Budget Act of 2011 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 $81,468,000,000 for the 2011-12 fiscal year.
Any judicial action or proceeding to attack, review, set aside,
void, or annul the "appropriations limit" for the 2011-12 fiscal year
shall be commenced within 45 days of the effective date of this act.
SEC. 421. Section 12.32 of the Budget Act of 2011 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, not less than 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 not less than a shorter period after
notification 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 2011-12 fiscal year are
$38,322,219,000 or 41.9 percent of total General Fund revenues and
transfers subject to the state appropriations limit. General Fund
revenues appropriated for school districts are $34,429,976,000 or
37.7 percent of total General Fund revenues and transfers subject to
the state appropriations limit. General Fund revenues appropriated
for community college districts are $3,807,176,000 or 4.2 percent of
total General Fund revenues and transfers subject to the state
appropriations limit. General Fund revenues appropriated for other
state agencies that provide direct elementary and secondary level
education, as defined in Section 41302.5 of the Education Code, are
$85,067,000 or 0.1 percent of total General Fund revenues and
transfers subject to the state appropriations limit.
SEC. 422. Section 17.00 of the Budget Act of 2011 is amended to
read:
SEC. 17.00. The Budget Act of 2011 includes $76,142,000
($16,555,000 from the General Fund, $54,379,000 from federal funds,
$927,000 from special funds, and $4,281,000 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 of 1996 (HIPAA) activities. These
funds are allocated to the following entities:
California Health and Human Services Agency
General Fund......2,527,000
Reimbursements......1,541,000
Public Employees' Retirement System
Special Funds......247,000
Office of Statewide Health Planning and Development
Special Funds......108,000
Department of Aging
General Fund......12,000
Reimbursements......12,000
Department of Alcohol and Drug Programs
General Fund......758,000
Reimbursements......758,000
Department of Health Care Services
General Fund...... 11,133,000
Federal Funds...... 54,319,000
Reimbursements......26,000
Department of Public Health
Special Funds......551,000
Managed Risk Medical Insurance Board
General Fund......27,000
Federal Funds......60,000
Special Funds......21,000
Department of Developmental Services
General Fund......888,000
Reimbursements......801,000
Department of Mental Health
General Fund......1,085,000
Reimbursements......1,143,000
Department of Veterans Affairs
General Fund......125,000
SEC. 423. Section 25.05 is added to the Budget Act of 2011, to
read:
SEC. 25.05. For the purpose of achieving efficiencies in the
administration and implementation of criminal justice programs, it is
the intent of the Legislature that the Corrections Standards
Authority be abolished effective January 1, 2012. It is the further
intent of the Legislature that programs administered by the
Corrections Standards Authority and other programs specified in
subsequent enabling legislation establishing the Board of State and
Community Corrections be transferred to the Board of State and
Community Corrections no later than January 1, 2012. Upon enactment
of legislation establishing the Board of State and Community
Corrections, the Director of Finance is authorized to adjust any item
of appropriation in this act to establish funding authority for the
Board of State and Community Corrections and to reduce funding
authority for the departments and items from which programs and
funding are being transferred. 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 within 30 days of making those budget adjustments. The
notification shall identify the departments and items of
appropriation affected by the transfer of authority. The notification
shall also specify how the transfer of authority is consistent with
the enabling legislation establishing the Board of State and
Community Corrections.
SEC. 424. Section 26.00 of the Budget Act of 2011 is amended to
read:
SEC. 26.00. (a) It is the intent of the Legislature, in enacting
this section, to provide flexibility for the administrative approval
of intraschedule transfers within individual items of appropriation
in those instances where the transfers are necessary for the
efficient and cost-effective implementation of the programs,
projects, and functions funded by this act. No transfer shall be
authorized under this section to either eliminate any program,
project, or function, except when implementation is found to be no
longer feasible in light of changing circumstances or new
information, or establish any new program, project, or
function.
(b) The Director of Finance may, pursuant to a request by the
officer, department, division, bureau, board, commission, or other
agency to which an appropriation is made by this act, authorize the
augmentation of the amount available for expenditure in any schedule
set forth for that appropriation, by making a transfer from any of
the other designated programs, projects, or functions within the same
schedule. No intraschedule transfer may be made under this section
to fund any capital outlay purpose, regardless of whether budgeted in
a capital outlay or a local assistance appropriation. Upon the
conclusion of the 2011-12 fiscal year, the Director of Finance shall
furnish 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, with a
report on all authorizations given pursuant to this section during
that fiscal year.
(c) Intraschedule transfers of the amounts available for
expenditure for a program, project, or function designated in any
line of any schedule set forth for that appropriation by transfer
from any of the other designated programs, projects, or functions
within the same schedule shall not exceed, during any fiscal year:
(1) 20 percent of the amount so scheduled on that line for those
appropriations made by this act that are $2,000,000 or less.
(2) $400,000 of the amount so scheduled on that line for those
appropriations made by this act that are more than $2,000,000 but
equal to or less than $4,000,000.
(3) 10 percent of the amount so scheduled on that line for those
appropriations made by this act that are more than $4,000,000.
(4) The Department of Transportation Highway Program shall be
limited to a schedule change of 10 percent.
(d) Any transfer in excess of $200,000 may be authorized pursuant
to this section not sooner than 30 days after notification in writing
of the necessity therefor is provided to the 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 after that
notification the chairperson of the joint committee, or his or her
designee, may in each instance determine.
(e) Any transfer in excess of the limitations provided in
subdivision (c) may be authorized not sooner than 30 days after
notification in writing of the necessity to exceed the limitations is
provided to the 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 after that notification the chairperson of the joint
committee, or his or her designee, may in each instance determine.
SEC. 425. Section 28.50 of the Budget Act of 2011 is amended to
read:
SEC. 28.50. (a) Except as otherwise provided by law, an officer,
department, division, bureau, or other agency of the state may expend
for the 2011-12 fiscal year all moneys received as reimbursement
from another officer, department, division, bureau, or other agency
of the state that has not been taken into consideration by this act
or any other statute, upon the prior written approval of the Director
of Finance. The Department of Finance may also reduce any
reimbursement amount and related program, project, or function amount
if funds received from another officer, department, division,
bureau, or other agency of the state will be less than the amount
taken into consideration in the schedule.
(b) For any expenditure of reimbursements or any transfer for the
2011-12 fiscal year that exceeds $200,000, the Director of Finance
shall provide notification in writing of any approval granted under
this section, not less than 30 days prior to the effective date of
that approval, to the 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 later than whatever
lesser amount of time prior to that effective date the Chairperson of
the Joint Legislative Budget Committee, or his or her designee, may
in each instance determine. Increases to reimbursements are not
reportable under this section if the funding for the other officer,
department, division, bureau, or other agency of the state providing
the reimbursement has already been approved by the Legislature. These
adjustments are considered technical in nature and are authorized in
Section 1.50.
(c) (1) Upon written notification from the Senate Committee on
Rules to the Controller and the Director of Finance, the Controller
shall transfer, from Item 0110-001-0001 of Section 2.00 to an item
specified by the committee, an amount specified by the committee for
a purpose mutually agreed upon by the Senate and the entity receiving
the additional funding under the latter item.
(2) Upon written notification from the Assembly Committee on Rules
to the Controller and the Director of Finance, the Controller shall
transfer, from Item 0120-011-0001 of Section 2.00 to an item
specified by the committee, an amount specified by the committee for
a purpose mutually agreed upon by the Assembly and the entity
receiving the additional funding under the latter item.
SEC. 426. Section 35.50 of the Budget Act of
2011 is amended to read:
SEC. 35.50. (a) For purposes of paragraph (1) of subdivision (f)
of Section 10, and subdivision (g) 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 (g) 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 (g) of Section 12 of Article IV of
the California Constitution, the estimate of General Fund revenues
for the 2011-12 fiscal year pursuant to this act, as passed by the
Legislature, is $90,847,200,000.
(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. 426. Section 35.50 of the Budget
Act of 2011 is amended to read:
SEC. 35.50. (a) For purposes of paragraph (1) of subdivision (f)
of Section 10, and subdivision (g) 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 (g) 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 (g) of Section 12 of Article IV of
the California Constitution, the estimate of General Fund revenues
for the 2011-12 fiscal year pursuant to this act, as passed by the
Legislature, is $86,842,200,000
$87,803,300,000 .
(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. 427. Section 39.00 of the Budget Act of 2011 is amended to
read:
SEC. 39.00. The Legislature hereby finds and declares that the
following bills are other bills providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution: AB 93, AB 94, AB 95,
AB 96, AB 97, AB 99, AB 100, AB 101, AB 102, AB 103, AB 104, AB 105,
AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB
114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122,
ABX1 16, ABX1 17, ABX1 18, ABX1 19, ABX1 20, ABX1 21, ABX1 22, ABX1
23, ABX1 24, ABX1 25, ABX1 26, ABX1 27, ABX1 28, ABX1 29, ABX1 30,
ABX1 31, ABX1 32, ABX1 33, ABX1 34, ABX1 35, SB 70, SB 72, SB 73, SB
74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB
84, SB 85, SB 86, SB 87, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94,
SB 95, SB 96, SB 97, SB 98, SB 99, SBX1 4, SBX1 5, SBX1 6, SBX1 7,
SBX1 8, SBX1 9, SBX1 10, SBX1 11, SBX1 12, SBX1 13, SBX1 14, SBX1 15,
SBX1 16, SBX1 17, SBX1 18, SBX1 19, SBX1 20, SBX1 21, SBX1 22, and
SBX1 23.
SEC. 428. Section 99.00 of the Budget Act of 2011 is amended to
read:
SEC. 99.00.
The following provides an index to the appropriations and related
provisions of this act, by organization in alphabetical order, with
the code number of the affected organization. The organization code
is the first four numbers of any item number in this act. For ease of
reference, the appropriation items in this act are organized in
numerical order, and all of the appropriation items for any one
organization are adjacent to one another.
Department Organization Code
""A''
Administrative Law,
Office of................. 8910
Aging, Commission on...... 4180
Aging, Department of...... 4170
Agricultural Labor
Relations Board........... 7300
Air Resources Board,
State..................... 3900
Alcohol and Drug
Programs, Department of... 4200
Alcoholic Beverage
Control, Department of.... 2100
Alcoholic Beverage
Control Appeals Board..... 2120
Alfred E. Alquist Seismic
Safety Commission......... 1690
Alternative Energy and
Advanced Transportation
Financing Authority,
California................ 0971
Arts Council, California.. 8260
Assembly.................. 0120
Audits, Bureau of State... 8855
""B''
Baldwin Hills Conservancy. 3835
Boards. See subject
(e.g., Air Resources,
Control, etc.)
Boating and Waterways,
Department of............. 3680
Business, Transportation
and Housing, Secretary of. 0520
""C''
Capital Outlay Planning
and Studies Funding....... 9860
Cash Management and
Budgetary Loans........... 9620
Child Support Services,
Department of............. 5175
Chiropractic Examiners,
Board of.................. 8500
Citizens Compensation
Commission,
California................ 8385
Citizens Redistricting
Initiative................ 0911
Coachella Valley
Mountains Conservancy..... 3850
Coastal Commission,
California................ 3720
Coastal Conservancy,
State..................... 3760
Colorado River Board of
California................ 3460
Community Colleges, Board
of Governors of the
California................ 6870
Community Services and
Development, Department
of........................ 4700
Conservation, Department
of........................ 3480
Conservation Corps,
California................ 3340
Consumer Affairs-Bureaus,
Programs, and Divisions,
Department of............. 1111
Consumer Affairs-
Regulatory Boards,
Department of......... 1110
Contingencies or
Emergencies, Augmentation
for....................... 9840
Contingencies or
Emergencies, Loans for.... 9850
Contributions to. See
subject (e.g., Judges'
Retirement, Teachers'
Retirement, etc.)
Controller, State......... 0840
Corporations, Department
of........................ 2180
Corrections and
Rehabilitation,
Department of............. 5225
Councils. See subject
(e.g., Arts, etc.)
""D''
Debt and Investment
Advisory Commission,
California................ 0956
Debt Limit Allocation
Committee, California..... 0959
Delta Protection
Commission................ 3840
Delta Stewardship Council. 3885
Department of. See
subject (e.g.,
Corrections and
Rehabilitation, Food and
Agriculture, etc.)
Developmental
Disabilities, State
Council on................ 4100
Developmental Services,
Department of............. 4300
Disability Access,
California Commission on.. 8790
""E''
Education Audit Appeals
Panel..................... 6125
Education, Department of.. 6110
Emergency Management
Agency, California........ 0690
Emergency Medical
Services Authority........ 4120
Employee Compensation,
Augmentation for.......... 9800
Employment Development
Department................ 7100
Energy Resources
Conservation and
Development Commission.... 3360
Environmental Health
Hazard Assessment, Office
of........................ 3980
Environmental Protection,
Secretary for............. 0555
Equalization, State Board
of........................ 0860
Equity Claims of
California Victim
Compensation and
Government Claims Board
and Settlements and
Judgments by Department
of Justice................ 9670
""F''
Fair Employment and
Housing Commission........ 1705
Fair Employment and
Housing, Department of.... 1700
Fair Political Practices
Commission................ 8620
Finance, Department of.... 8860
Financial Information
System for California..... 8880
Financial Institutions,
Department of............. 2150
Fish and Game, Department
of........................ 3600
Food and Agriculture,
Department of............. 8570
Forestry and Fire
Protection, Department of. 3540
Franchise Tax Board....... 1730
""G''
Gambling Control
Commission, California.... 0855
General Services,
Department of............. 1760
Golden State Tobacco
Securitization
Corporation............... 9612
Governor Elect and
Outgoing Governor......... 0730
Governor's Office......... 0500
""H''
Hastings College of the
Law....................... 6600
Health Facilities
Financing Authority,
California................ 0977
Health and Human
Services, Secretary of
California................ 0530
Health and Dental
Benefits for Annuitants... 9650
Health Care Services,
Department of............. 4260
High-Speed Rail Authority. 2665
Highway Patrol,
Department of the
California................ 2720
Horse Racing Board,
California................ 8550
Housing and Community
Development, Department
of........................ 2240
""I''
Independent Living
Council, State............ 5170
Industrial Development
Financing Advisory
Commission, California.... 0965
Industrial Relations,
Department of............. 7350
Institutions (See
Department of Corrections
and Rehabilitation, State
Department of Health,
etc.)
Inspector General, Office
of the.................... 0552
Insurance, Department of.. 0845
Interest Payments to the
Federal Government........ 9625
""J''
Joint Expenses
(Legislature)............. 0130
Judges' Retirement Fund,
Contributions to.......... 0390
Judicial Performance,
Commission on............. 0280
Judicial Branch........... 0250
Justice, Department of.... 0820
""L''
Lands Commission, State... 3560
Labor and Workforce
Development Agency........ 0559
Law Revision Commission,
California................ 8830
Legislative Analyst,
Office of the............. 0130
Legislative Counsel
Bureau.................... 0160
Legislature (See
Assembly, Senate, or
Joint Expenses)
Library, California
State..................... 6120
Lieutenant Governor,
Office of the............. 0750
Local Government
Financing................. 9210
Lottery Commission,
California State.......... 0850
""M''
Managed Health Care,
Department of......... 2400
Managed Risk Medical
Insurance Board........... 4280
Mandates, Commission on
State..................... 8885
Medical Assistance
Commission, California.... 4270
Mental Health, Department
of........................ 4440
Mental Health Services
Oversight and
Accountability Commission. 4560
Military Department....... 8940
Milton Marks ""Little
Hoover'' Commission on
California State
Government Organization
and Economy............... 8780
Motor Vehicles,
Department of............. 2740
""N''
Native American Heritage
Commission................ 3780
Natural Resources Agency,
Secretary of the.......... 0540
""O''
Office of. See subject
(e.g., Emergency
Services, Planning and
Research, etc.)
""P''
Parks and Recreation,
Department of............. 3790
Payment to Counties for
Costs of Homicide Trials.. 9300
Peace Officer Standards
and Training, Commission
on........................ 8120
Personnel Administration,
Department of............. 8380
Personnel Board, State.... 1880
Pesticide Regulation,
Department of............. 3930
Pilot Commissioners for
the Bays of San
Francisco, San Pablo, and
Suisun, Board of.......... 2670
Planning and Research,
Office of................. 0650
Political Reform Act of
1974...................... 8640
Postsecondary Education
Commission, California.... 6420
Public Defender, State.... 8140
Public Employees'
Retirement System......... 1900
Public Employment
Relations Board........... 8320
Public Health, Department
of........................ 4265
Public Utilities
Commission................ 8660
""R''
Real Estate, Department
of........................ 2320
Real Estate Appraisers,
Office of................. 2310
Resources Recycling and
Recovery, Department of... 3500
Rehabilitation,
Department of............. 5160
""S''
Sacramento-San Joaquin
Delta Conservancy......... 3875
San Diego River
Conservancy............... 3845
San Francisco Bay
Conservation and
Development Commission.... 3820
San Gabriel and Lower Los
Angeles Rivers and
Mountains Conservancy..... 3825
San Joaquin River
Conservancy............... 3830
Santa Monica Mountains
Conservancy............... 3810
Scholarshare Investment
Board..................... 0954
School Finance Authority,
California................ 0985
Science Center,
California................ 1100
Secretary of State........ 0890
Seismic Safety
Commission, Alfred E.
Alquist................... 1690
Senate.................... 0110
Senior Legislature,
California................ 4185
Shared Revenues........... 9350
Sierra Nevada Conservancy. 3855
Social Services,
Department of............. 5180
Special Resources Program. 3110
State. See subject (e.g.,
Controller, Treasurer,
etc.)
State and Community
Corrections, Board of..... 5227
State and Consumer
Services, Secretary of.... 0510
State Mandates,
Commission on............. 8885
Statewide Accounts
Receivable Management..... 9655
Statewide Health Planning
and Development,
Office of................. 4140
Status of Women,
Commission on the......... 8820
Student Aid Commission.... 7980
Summer School for the
Arts, California State.... 6255
""T''
Tahoe Conservancy,
California................ 3125
Tax Credit Allocation
Committee, California..... 0968
Tax Relief................ 9100
Teacher Credentialing,
Commission on............. 6360
Teachers' Retirement
System, State............. 1920
Technology Agency,
California................ 0502
Toxic Substances Control,
Department of............. 3960
Traffic Safety, Office of. 2700
Transit Assistance, State. 2640
Transportation,
Department of............. 2660
Transportation
Commission, California.... 2600
Treasurer................. 0950
""U''
Uniform State Laws,
Commission on............. 8840
University, California
State..................... 6610
University of California.. 6440
""V''
Veterans Affairs,
Department of............. 8955
Victim Compensation and
Government Claims Board,
California................ 1870
""W''
Water Resources,
Department of............. 3860
Water Resources Control
Board, State.............. 3940
Wildlife Conservation
Board..................... 3640
Workforce Investment
Board, California......... 7120
SEC. 429. Section 99.50 of the Budget Act of 2011 is amended to
read:
SEC. 99.50.
The following is an index to the general sections of this act.
These sections serve to define terms and identify restrictions
concerning the appropriations contained in this act.
1.00 Budget Act Citation
1.50 Intent and Format
1.80 Availability of Appropriations
2.00 Items of Appropriation
3.00 Defines Purposes of Appropriations
3.50 Benefit Charges Against Salaries and
Wages
3.60 Contribution to Public Employees'
Retirement Benefits
3.90 Reduction for Employee Compensation
3.91 Reductions in State Operations
3.93 Department of Corrections and
Rehabilitation Workforce Cap Reductions
4.01 Employee Compensation Savings
4.11 Establishing New Positions
4.20 Contribution to Public Employees'
Contingency Reserve Fund
4.21 Health Care Premium Savings
4.30 Lease-Revenue Payment Adjustments
4.70 Architecture Revolving Fund Deficit
Recovery
4.75 Statewide Surcharge
4.80 State Public Works Board Interim
Financing
4.90 Architectural Revolving Fund Transfer
4.95 Inmate Construction Revolving Account
Transfer
5.25 Attorney's Fees
6.00 Project Alterations Limits
8.00 Antiterrorism Federal Reimbursements
8.50 Federal Funds Receipts
8.51 Federal Funds Accounts
8.52 Federal Reimbursements
8.53 Notice of Federal Audits
8.54 Enforce Recovery of Federal Funds for
Statewide Indirect Costs
8.65 Enhanced Federal Funding for the Health
and Human Services Agency
8.70 Medical and Pharmacy Services Savings
through Medication Compliance
8.88 FI$Cal Project
9.20 Administrative Costs Associated With the
Acquisition of Property
9.30 Federal Levy of State Funds
9.45 Proposition 40-Reporting Requirements
9.50 Minor Capital Outlay Projects
11.00 EDP/Information Technology Reporting
Requirements
11.10 Reporting of Statewide Software License
Agreements
11.11 Privacy of Information in Pay Stubs
12.00 State Appropriations Limit (SAL)
12.30 Special Fund for Economic Uncertainties
12.32 Proposition 98 Funding Guarantee
12.42 Reduction of Education Funds
12.45 Payroll Deferral
12.60 Categorical Contingency Transfer
Authority for Deficiencies
13.00 Legislative Counsel Bureau
Reorganization and Consolidation of
13.25 Various State Entities to Promote
Efficiency
14.00 Special Fund Loans Between Boards of the
Department of Consumer Affairs
15.25 Data Center Rate Adjustment
15.45 SERAF Offsets
17.00 Federal Health Insurance Portability and
Accountability Act (HIPAA)
24.00 State School Fund Allocations
24.03 Reading Control
Transfer Surplus of Driver Training
24.10 Penalty Assessment Fund to the General
Fund
24.30 Transfer School Building Rental Income
to the General Fund
24.60 Report of Lottery Funds Received
24.70 Local Educational Agency Fiscal
Accountability
25.05 Creation of Board of State and Community
Corrections
25.25 21st Century Project
25.50 SCO Apportionment Payment System
Assessments
26.00 Intraschedule Transfers
28.00 Program Change Notification
28.50 Agency Reimbursement Payments
Personnel-Year Estimates of Governor's
29.00 Budget, May Revision, and Final Change
Book
30.00 Continuous Appropriations
31.00 Budget Act Administrative Procedures for
Salaries and Wages
32.00 Prohibits Excess Expenditures
33.00 Item Veto Severability
34.00 Constitutional Severability
Estimated General Fund Revenue pursuant
to Assembly Constitutional Amendment 5
35.50 of the 2003-04 Fifth
Extraordinary Session
35.60 BSA Transfer to the General Fund
38.00 Provides that this Bill is a Budget Bill
39.00 Identification of Bills Related to the
Budget Bill
99.00 Alphabetical Organization Index
99.50 Numerical Control Section Index
SEC. 430. Sections 1 to 429, inclusive, of this act shall become
operative only if the Budget Act of 2011, Senate Bill 69, as proposed
by Conference Report No. 1 on March 7, 2011, is enacted and becomes
effective on or before January 1, 2012.
SEC. 431. This act is a Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution and shall take effect immediately.