BILL NUMBER: AB 1495 ENROLLED
BILL TEXT
PASSED THE SENATE JUNE 15, 2012
PASSED THE ASSEMBLY JUNE 15, 2012
AMENDED IN SENATE JUNE 14, 2012
AMENDED IN SENATE JUNE 13, 2012
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Bonilla, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2012
An act to amend the Budget Act of 2012 by amending Items
0820-011-8071, 2660-401, 3480-001-3046, and 5180-101-0001 of, and by
repealing Item 3500-403 of, Section 2.00 of, and by amending Section
35.50 of, that act, relating to the state budget, and making an
appropriation therefor, to take effect immediately, budget bill.
LEGISLATIVE COUNSEL'S DIGEST
AB 1495, Committee on Budget. Budget Act of 2012.
The Budget Bill, enacted as the Budget Act of 2012, would make
appropriations for the support of state government for the 2012-13
fiscal year.
This bill would amend the Budget Act of 2012 by revising items of
appropriation, loans, and transfers of moneys specified in the Budget
Act of 2012.
This bill would become operative only if AB 1464 or SB 1004 is
enacted as the Budget Act of 2012.
This bill would declare that it is to take effect immediately as a
Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Item 0820-011-8071 of Section 2.00 of the Budget Act of
2012 is amended to read:
0820-011-8071--For transfer by the
Controller, upon order of the Director of
Finance, from the National Mortgage
Special Deposit Fund to the General Fund... (50,000,000)
Provisions:
1. The amount transferred in this
item is a loan to the General
Fund and shall be repaid upon
the order of the Director of
Finance by June 30, 2014, to
be used to reimburse the
General Fund for purposes
consistent with the National
Mortgage Settlement.
SEC. 2. Item 2660-401 of Section 2.00 of the Budget Act of 2012 is
amended to read:
2660-401--Notwithstanding the provisions of the
following items, the loans authorized by those
items shall be repaid as follows:
1.5. $50,000,000 from Item 2660-011-0042,
State Highway Account, State
Transportation Fund, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008),
as amended by Item 2660-401,
Budget Act of 2010 (Ch. 712, Stats.
2010), shall be repaid by June 30,
2016, upon order of the Director of
Finance.
2. $6,000,000 from Item 2660-011-0045,
Bicycle Transportation Account, State
Transportation Fund, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008),
as amended by Item 2660-401, Budget
Act of 2010 (Ch. 712, Stats. 2010),
shall be repaid by June 30, 2017, upon
order of the Director of Finance.
3. $7,500,000 from Item 2660-011-0052,
Local Airport Loan Account, Budget Act
of 2008 (Chs. 268 and 269, Stats.
2008), as amended by Item 2660-401,
Budget Act of 2010 (Ch. 712, Stats.
2010), shall be repaid by June 30,
2017, upon order of the Director of
Finance.
4. $8,000,000 from Item 2660-011-0061,
Motor Vehicle Fuel Account,
Transportation Tax Fund, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008),
as amended by Item 2660-401, Budget
Act of 2010 (Ch. 712, Stats. 2010),
shall be repaid by June 30, 2017, upon
order of the Director of Finance.
5. $4,400,000 from Item 2660-011-0183,
Environmental Enhancement and
Mitigation Program Fund, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008),
as amended by Item 2660-401, Budget
Act of 2010 (Ch. 712, Stats. 2010),
shall be repaid by June 30, 2017, upon
order of the Director of Finance.
6. $2,000,000 from Item 2660-011-0365,
Historic Property Maintenance Fund,
Budget Act of 2008 (Chs. 268 and 269,
Stats. 2008), as amended by Item 2660-
401, Budget Act of 2010 (Ch. 712,
Stats. 2010), shall be repaid by June
30, 2014, upon order of the Director
of Finance.
7. $1,715,000 from Item 2660-011-2500,
Pedestrian Safety Account, State
Transportation Fund, Budget Act of
2008 (Chs. 268 and 269, Stats. 2008),
as amended by Item 2660-401, Budget
Act of 2010 (Ch. 712, Stats. 2010),
shall be repaid by June 30, 2017, upon
order of the Director of Finance.
SEC. 3. Item 3480-001-3046 of Section 2.00 of the Budget Act of
2012 is amended to read:
3480-001-3046--For support of Department
of Conservation............................ 34,605,000
Schedule:
(1) 10-Geologic Hazards
and Mineral
Resources
Conservation........ 24,252,000
(2) 20-Oil, Gas, and
Geothermal
Resources........... 36,468,000
(3) 30-Land Resource
Protection.......... 5,620,000
(4) 40.01-
Administration...... 11,677,000
(5) 40.02-Distributed
Administration...... -11,677,000
(6) 60-Office of Mine
Reclamation......... 8,381,000
(7) Reimbursements...... - 8,575,000
(7.5) Amount payable from
the General Fund
(Item 3480-001-
0001)............... - 3,672,000
(8) Amount payable from
the Surface Mining
and Reclamation
Account (Item 3480-
001-0035)........... -2,254,000
(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)............... -1,484,000
(11) Amount payable from
the Hazardous and
Idle-Deserted Well
Abatement Fund
(Section 3206 of
the Public
Resources Code)..... -106,000
(12) Amount payable from
the Mine
Reclamation Account
(Item 3480-001-
0336)............... -4,333,000
(13) Amount payable from
the Strong-Motion
Instrumentation and
Seismic Hazards
Mapping Fund (Item
3480-001-0338)...... -8,801,000
(13.5) Amount payable from
the California
Farmland
Conservancy Program
Fund (Item 3480-001-
0867)............... -134,000
(14) Amount payable from
the Federal Trust
Fund (Item 3480-001-
0890)............... -2,992,000
(15) Amount payable from
the Bosco-Keene
Renewable Resources
Investment Fund
(Item 3480-001-
0940)............... -2,223,000
(16) Amount payable from
the Abandoned Mine
Reclamation and
Minerals Fund
Subaccount, Mine
Reclamation Account
(Item 3480-001-
3025)............... -541,000
(17) Amount payable from
the Acute Orphan
Well Account, Oil,
Gas, and Geothermal
Administrative Fund
(Item 3480-001-
3102)............... -805,000
(17.5) Amount payable from
the Timber
Regulation and
Forest Restoration
Fund (Item 3480-001-
3212).............. -1,219,000
(18) Amount payable from
the Agriculture and
Open Space Mapping
Subaccount (Item
3480-001-6004)...... -404,000
(19) Amount payable from
the California
Clean Water, Clean
Air, Safe
Neighborhood Parks,
and Coastal
Protection Fund
(Item 3480-001-
6029)............... -503,000
(20) Amount payable from
the Water Security,
Clean Drinking
Water, Coastal and
Beach Protection
Fund of 2002 (Item
3480-001-6031)...... -420,000
(21) Amount payable from
the Safe Drinking
Water, Water
Quality and Supply,
Flood Control,
River and Coastal
Protection Fund of
2006 (Item 3480-001-
6051)............... -1,638,000
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. 4. Item 3500-403 of Section 2.00 of the Budget Act of 2012 is
repealed.
SEC. 5. Item 5180-101-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
5180-101-0001--For local assistance,
Department of Social Services.............. 887,601,000
Schedule:
(1) 16.30-CalWORKs....... 3,077,847,000
(2) 16.65-Other
Assistance Payments.. 1,707,423,000
(3) Reimbursements....... -759,000
(4) Amount payable
from the Emergency
Food Assistance
Program Fund (Item
5180-101-0122)....... -640,000
(5) Amount payable from
the Federal Trust
Fund (Item 5180-101- -3,886,424,00
0890)................ 0
(6) Amount payable from
the Child Support
Collections Recovery
Fund (Item 5180-101-
8004)................ -9,846,000
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 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 a
court action, during the
2012-13 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. 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. 6. Section 35.50 of the Budget Act of 2012 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 2012-13 fiscal year pursuant to this act, as passed by the
Legislature, is $93,343,000,000.
(d) For purposes of subdivision (b) of Section 20 of Article XVI
of the California Constitution, General Fund revenues shall be
defined as revenues and transfers before any transfer to the Budget
Stabilization Account, excluding any proceeds from Economic Recovery
Bonds, as estimated in the enacted State Budget.
(e) Except as provided in this subdivision, the net final payment
accrual methodology shall not be implemented with regard to revenue
for the 2012-13 and prior fiscal years.
The net final payment accrual methodology shall be implemented
with regard to any change in state law which is enacted during 2012.
SEC. 7. Sections 1 to 6, inclusive, of this act shall become
operative only if Assembly Bill 1464 or Senate Bill 1004 of the
2011-12 Regular Session is enacted as the Budget Act of 2012.
SEC. 8. 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.