BILL NUMBER: SB 71 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 24, 2012
AMENDED IN ASSEMBLY JUNE 14, 2011
AMENDED IN ASSEMBLY MARCH 14, 2011
INTRODUCED BY Committee on Budget and Fiscal Review
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, 6110-201-0890,
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. An act to amend Sections
1917.1, 2028.5, 3627, 4076.5, 5092, 5093, 5094.6, 12104, and 19622.2
of, and to repeal Sections 2023, 2028, 2168.5, 3628, 3640.1, 5094.5,
and 7139.7 of, the Business and Professions Code, to repeal Section
9527 of the Commercial Code, to amend Sections 14030.2, 14037.7, and
14076 of the Corporations Code, to amend Sections 1986, 17285,
17292.5, 20080, 22352, 24400, 42263, 48005.45, 52314, 53101, and
66040.7 of, and to repeal Sections 8007, 18884, 20081, 20082, and
22218.5 of, the Education Code, to amend Sections 7571 and 17555, of
the Family Code, to amend Sections 456, 1727, 1850, 2079, 2086, 2861,
and 7862 of, and to repeal Sections 1363.5, 1851, 3409, 3864, 4904,
and 8610.10 of the Fish and Game Code, to repeal Sections 12794.5,
54446, and 58591 of the Food and Agricultural Code, to amend Sections
8169.5, 8587.5, 13103.5, 14453, 14613.7, 15438.6, 16367.5, 16428.6,
17562, 19849.11, 22959.6, 30061, and 64000 of, to repeal Sections
8164, 11535, 12805.4, 14051, 14556.36, 14714, 15813.6,
20233, and 20238 of, to repeal Article 3 (commencing with Section
11675) of Chapter 6 of Part 1 of Division 3 of Title 2 of, to repeal
Article 5 (commencing with Section 14760) of Chapter 5 of Part 5.5 of
Division 3 of Title 2 of, the Government Code, to repeal Sections
63.6 and 1159.5 of the Harbors and Navigations Code, to amend
Sections 1342.7, 1357.16, 1626, 24275, 25150.7, 25174, 25299.50,
43105.5, 44003, 44014.6, 44024, 44081.6, 44100, 44104.5, 100500,
104200, 109951, 110552, 111198, 120910, 120955, 121285, 121340,
123516, 124 174.5, 124590, 128600, 130252 of, and to
repeal Sections 25244.11, 25299.112, 102920, 103641, 120476, 124925,
128557.5 of, the Health and Safety Code, to amend Section 15002 of,
to repeal Section 1872.1 of the Insurance Code, to amend Sections
111, 3201.5, 3201.7, 3716.1, 4755, and 5502 of the Labor Code, to
amend Section 431 of the Military and Veterans Code, to amend
Sections 3049.5, 3050, 4801, 6031.2, 6131, 6242.6, 8061, 11501,
13777, and 13847 of, to add Section 13820.1 to, and to
repeal Sections 999y and 1174.7 of, the Penal Code, to amend Section
10262.5 of the Public Contract Code, to amend Sections 4124, 4137,
4214, 5004.5, 5095.53, 5096.162, 5096.242, 5096.320, 5096.340, 5631,
6217.8, 6331.5, 25401.9, 25722.5, 25722.8, 32556, 41821.5, and 71211
of, to amend, repeal, and add Section 30404 of, to repeal Sections
4612, 5632, 12290, 12291, 29773.5, 30533, 32556.2, 42889.3, 47123,
and 5096.829 of, the Public Resources Code, to amend Section 185032
of, to repeal Section 9502 of, the Public Utilities Code, to amend
Sections 8352.4 and 10752.2 of the Revenue and Taxation Code, to
amend Sections 97, 164.56, 182.8, 2424, and 30161.5 of the Streets
and Highways Code, to repeal Section 9907 of the Unemployment
Insurance Code, to amend Sections 9250.7, 9250.14, and 9250.19 of the
Vehicle Code, to amend Sections 162, 1228.2, 13369, 13396.9, 79083,
and 79555 of, and to repeal Sections 138.9 and 78684.13 of the Water
Code, to amend Sections 1760.8, 4024, 6601, 10605.2, 10614.5, 10791,
11265.5, 14005.30, 14021.31, 14022.4, 14067, 14087.305,
14089, 14089.05, 14091.3, 14094.3, 14132, 14133.9, 14161, 14521.1,
14701, 18901.2, and 18993.8 of, and to repeal Section 19106 of, the
Welfare and Institutions Code, to amend Section 2 of Chapter 133 of
the Statutes of 1984, to amend Section 1 of Chapter 1436 of the
Statutes of 1988, to amend Section 5 of Chapter 585 of the Statutes
of 1993, to amend Section 3 of Chapter 1030 of the Statutes of 1993,
to amend Section 1 of Chapter
LEGISLATIVE COUNSEL'S DIGEST
SB 71, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2011. State agencies: boards,
commissions, and reports.
(1) Existing law requires that various state agencies submit
certain reports, plans, evaluations, and other similar documents to
the Legislature and other state agencies.
This bill would eliminate the that certain state agencies submit
certain reports to the Legislature and other state agencies relating
to a variety of subjects. The bill would also modify various
requirements of certain reports by, among other ways, requiring
specified reports be placed on the Internet Web site of the reporting
agency rather than submitted to the Legislature or other state
agencies, requiring certain agencies to collaborate with other
agencies in preparing specified reports, consolidating certain
reports, deleting the requirement that specified state agencies make
specified information available on their Internet Web sites, and
transferring reporting duties from one agency to another.
This bill would make various conforming changes.
(2) Existing law requires the Board of Corrections to report on
various dates to the Legislature regarding the inspection and status
of local and juvenile detention or jail facilities.
This bill would, instead, require the Board of State and Community
Corrections to prepare those reports to the extent funds are
available. The bill would also require the Board of State and
Community Corrections to, to the extent funds are available, prepare
an annual report to the Joint Legislative Budget Committee containing
specified information related to specified grant programs.
(3) Existing law requires the California Emergency Management
Agency to manage or oversee various grant programs.
This bill would require the California Emergency Management Agency
to, to the extent funds are available, prepare, in consultation with
the Director of Finance, an annual report to the Joint Legislative
Budget Committee containing specified information related to
specified grant programs.
(4) Existing law requires the Secretary of the Natural Resources
Agency to convene a committee to develop and submit to the Governor
and the Legislature, on or before December 31, 2008, a Strategic
Vision for a Sustainable Sacramento-San Joaquin Delta.
This bill would repeal the provisions establishing that committee.
(5) Existing law, the Naturopathic Doctors Act, provides for the
licensure and regulation of naturopathic doctors by the Naturopathic
Medicine Committee within the Osteopathic Medical Board of
California. Existing law also requires the committee to establish a
naturopathic childbirth attendance advisory subcommittee to issue
recommendations concerning the practice of naturopathic childbirth
attendance based upon a review of naturopathic medical education and
training, as specified.
This bill would repeal the provisions providing for the
establishment of this subcommittee.
(6) Existing law provides for the licensure and regulation of
accountants by the California Board of Accountancy. Existing law
requires an applicant for an accountancy license to complete a
minimum of 24 semester units in accounting subjects and a minimum of
24 semester units in business-related subjects. Existing law, on and
after January 1, 2014, requires an applicant for an accountancy
license to complete an additional 10 semester units or 15 quarter
units in ethics study and 20 units in accounting study. Existing law
establishes the Advisory Committee on Accounting Ethics Curriculum
within the jurisdiction of the board to, by January 1, 2012,
recommend guidelines for the ethics study requirement to the board.
This bill would repeal the provisions establishing the Advisory
Committee on Accounting Ethics Curriculum and would make related
conforming and technical changes.
(7) Existing law establishes the Committee of Executive Salaries,
and requires the committee to study issues relating to executive
salaries in the private and public sector, and to report to the
Legislature on a biannual basis its findings and recommended changes.
This bill would repeal the provisions establishing the committee.
(8) Existing law requires the State Department of Public Health to
regulate certain types of candy, as defined, and requires the
department to convene an interagency collaborative to serve as an
oversight committee for the implementation of those provisions and to
work with the department in establishing and revising the required
standards.
This bill would repeal those provisions establishing the
interagency collaborative and would make technical and conforming
changes.
(9) Existing law creates the Fraud Division within the Department
of Insurance to enforce specific provisions of law regarding crimes
against insured property and insurance fraud reporting. Existing law
creates the advisory committee on automobile insurance fraud and
economic automobile theft prevention within the division to recommend
ways to coordinate the investigation, prosecution, and prevention of
automobile insurance claims fraud, and to provide assistance to the
division towards implementing the goal of reducing the frequency and
severity of fraudulent automobile insurance claims, among other
things.
This bill would repeal the provisions establishing the advisory
committee.
(10) This bill would make various technical and conforming
changes.
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. Section 1917.1 of the
Business and Professions Code is amended to read:
1917.1. (a) The committee may grant a license as a registered
dental hygienist to an applicant who has not taken a clinical
examination before the committee, if the applicant submits all of the
following to the committee:
(1) A completed application form and all fees required by the
committee.
(2) Proof of a current license as a registered dental hygienist
issued by another state that is not revoked, suspended, or otherwise
restricted.
(3) Proof that the applicant has been in clinical practice as a
registered dental hygienist or has been a full-time faculty member in
an accredited dental hygiene education program for a minimum of 750
hours per year for at least five years preceding the date of his or
her application under this section. The clinical practice requirement
shall be deemed met if the applicant provides proof of at least
three years of clinical practice and commits to completing the
remaining two years of clinical practice by filing with the committee
a copy of a pending contract to practice dental hygiene in any of
the following facilities:
(A) A primary care clinic licensed under subdivision (a) of
Section 1204 of the Health and Safety Code.
(B) A primary care clinic exempt from licensure pursuant to
subdivision (c) of Section 1206 of the Health and Safety Code.
(C) A clinic owned or operated by a public hospital or health
system.
(D) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.
(4) Satisfactory performance on a California law and ethics
examination and any examination that may be required by the
committee.
(5) Proof that the applicant has not been subject to disciplinary
action by any state in which he or she is or has been previously
licensed as a registered dental hygienist or dentist. If the
applicant has been subject to disciplinary action, the committee
shall review that action to determine if it warrants refusal to issue
a license to the applicant.
(6) Proof of graduation from a school of dental hygiene accredited
by the Commission on Dental Accreditation.
(7) Proof of satisfactory completion of the Dental Hygiene
National Board Examination and of a state or regional clinical
licensure examination.
(8) Proof that the applicant has not failed the examination for
licensure to practice dental hygiene under this chapter more than
once or once within five years prior to the date of his or her
application for a license under this section.
(9) Documentation of completion of a minimum of 25 units of
continuing education earned in the two years preceding application,
including completion of any continuing education requirements imposed
by the committee on registered dental hygienists licensed in this
state at the time of application.
(10) Any other information as specified by the committee to the
extent that it is required of applicants for licensure by examination
under this article.
(b) The committee may periodically request verification of
compliance with the requirements of paragraph (3) of subdivision (a),
and may revoke the license upon a finding that the employment
requirement or any other requirement of paragraph (3) of subdivision
(a) has not been met.
(c) The committee shall provide in the application packet to each
out-of-state dental hygienist pursuant to this section the following
information:
(1) The location of dental manpower shortage areas in the state.
(2) Any not-for-profit clinics, public hospitals, and accredited
dental hygiene education programs seeking to contract with licensees
for dental hygiene service delivery or training purposes.
(d) The committee shall review the impact of this section on the
availability of actively practicing registered dental hygienists in
California and report to the appropriate policy and fiscal committees
of the Legislature by January 1, 2012. The report shall include a
separate section providing data specific to registered dental
hygienists who intend to fulfill the alternative clinical practice
requirements of subdivision (a). The report shall include, but shall
not be limited to, the following:
(1) The number of applicants from other states who have sought
licensure.
(2) The number of registered dental hygienists from other states
licensed pursuant to this section, the number of licenses not
granted, and the reason why the license was not granted.
(3) The practice location of registered dental hygienists licensed
pursuant to this section. In identifying a registered dental
hygienist's location of practice, the committee shall use medical
service study areas or other appropriate geographic descriptions for
regions of the state.
(4) The number of registered dental hygienists licensed pursuant
to this section who establish a practice in a rural area or in an
area designated as having a shortage of practicing registered dental
hygienists or no registered dental hygienists or in a safety net
facility identified in paragraph (3) of subdivision (a).
(5) The length of time registered dental hygienists licensed
pursuant to this section practiced in the reported location.
SEC. 2. Section 2023 of the Business
and Professions Code is repealed.
2023. (a) The board, in conjunction with the Health Professions
Education Foundation, shall study the issue of its providing medical
malpractice insurance to physicians and surgeons who provide
voluntary, unpaid services as described in subdivision (b) of Section
2083, and report its findings to the Legislature on or before
January 1, 2008.
(b) The report shall include, but not be limited to, a discussion
of the following items:
(1) The cost of administering a program to provide medical
malpractice insurance to the physicians and surgeons and the process
for administering the program.
(2) The options for providing medical malpractice insurance to the
physicians and surgeons and for funding the coverage.
(3) Whether the licensure surcharge fee assessed under Section
2436.5 is sufficient to fund the provision of medical malpractice
insurance for the physicians and surgeons.
(c) This section shall be implemented only after the Legislature
has made an appropriation from the Contingent Fund of the Medical
Board of California to fund the study.
SEC. 3. Section 2028 of the Business
and Professions Code is repealed.
2028. (a) The Medical Board of California shall consult with the
California State Board of Pharmacy and commission a study and report
its results to the Legislature on or before January 1, 2003, on the
electronic transmission of prescriptions by physicians and surgeons.
(b) This report shall include recommendations on the following
matters:
(1) Whether the electronic transmission of prescriptions should be
encouraged.
(2) Methods to encourage physicians and surgeons, health care
providers specified in subdivision (a) of Section 4024, and persons
licensed to prescribe in another state who meet the requirements
described in subdivision (b) of Section 4005 to issue prescriptions
by electronic transmission.
(3) Identification of systems to protect confidential personal and
medical information of patients for whom prescriptions are issued
using electronic transmission, including, but not limited to, the
issuance of digital certification to physicians and surgeons, health
care providers specified in subdivision (a) of Section 4024, and
persons licensed to prescribe in another state who meet the
requirements described in subdivision (b) of Section 4005 to use when
transmitting prescriptions electronically.
(c) "Digital certification" is an electronic signature verifying
the identity of the physician and surgeon, health care provider
specified in subdivision (a) of Section 4024, or person licensed to
prescribe in another state who meets the requirements described in
subdivision (b) of Section 4005 who is transmitting the prescription
electronically.
SEC. 4. Section 2028.5 of the Business
and Professions Code is amended to read:
2028.5. (a) The board may establish a pilot program to expand the
practice of telemedicine in this state.
(b) To implement this pilot program, the board may convene a
working group of interested parties from the public and private
sectors, including, but not limited to, state health-related
agencies, health care providers, health plan administrators,
information technology groups, and groups representing health care
consumers.
(c) The purpose of the pilot program shall be to develop methods,
using a telemedicine model, to deliver throughout the state health
care to persons with chronic diseases as well as information on the
best practices for chronic disease management services and techniques
and other health care information as deemed appropriate.
(d) The board shall make a report with its recommendations
regarding its findings to the Legislature within one calendar year of
the commencement date of the pilot program. The report shall include
an evaluation of the improvement and affordability of health care
services and the reduction in the number of complications achieved by
the pilot program.
SEC. 5. Section 2168.5 of the Business
and Professions Code is repealed.
2168.5. The Medical Board of California shall report to the
Legislature by December 31, 2011, on the status of the special
faculty permit program.
SEC. 6. Section 3627 of the Business
and Professions Code is amended to read:
3627. (a) The committee shall establish a naturopathic formulary
advisory subcommittee to determine a naturopathic formulary based
upon a review of naturopathic medical education and training.
(b) The naturopathic formulary advisory subcommittee shall be
composed of an equal number of representatives from the clinical and
academic settings of physicians and surgeons, pharmacists, and
naturopathic doctors.
(c) The naturopathic formulary advisory subcommittee shall review
naturopathic education, training, and practice and make specific
recommendations regarding the prescribing, ordering, and furnishing
authority of a naturopathic doctor and the required supervision and
protocols for those functions.
(d) The committee shall make recommendations to the Legislature
not later than January 1, 2007, regarding the prescribing and
furnishing authority of a naturopathic doctor and the required
supervision and protocols, including those for the utilization of
intravenous and ocular routes of prescription drug administration.
The naturopathic formulary advisory subcommittee and the committee
shall consult with physicians and surgeons, pharmacists, and licensed
naturopathic doctors in developing the findings and recommendations
submitted to the Legislature.
SEC. 7. Section 3628 of the Business
and Professions Code is repealed.
3628. (a) The committee shall establish a naturopathic childbirth
attendance advisory subcommittee to issue recommendations concerning
the practice of naturopathic childbirth attendance based upon a
review of naturopathic medical education and training.
(b) The naturopathic childbirth attendance advisory subcommittee
shall be composed of an equal number of representatives from the
clinical and academic settings of physicians and surgeons, midwives,
and naturopathic doctors.
(c) The naturopathic childbirth attendance advisory subcommittee
shall review naturopathic education, training, and practice and make
specific recommendations to the Legislature regarding the practice of
naturopathic childbirth attendance.
(d) The committee shall make recommendations to the Legislature
not later than January 1, 2007. The naturopathic childbirth
attendance advisory subcommittee and the committee shall consult with
physicians and surgeons, midwives, and licensed naturopathic doctors
in developing the findings and recommendations submitted to the
Legislature.
SEC. 8. Section 3640.1 of the Business
and Professions Code is repealed.
3640.1. The committee shall make recommendations to the
Legislature not later than January 1, 2007, regarding the potential
development of scope and supervision requirements of a naturopathic
doctor for the performance of minor office procedures. The committee
shall consult with physicians and surgeons and licensed naturopathic
doctors in developing the findings and recommendations submitted to
the Legislature.
SEC. 9. Section 4076.5 of the Business
and Professions Code is amended to read:
4076.5. (a) The board shall promulgate regulations that require,
on or before January 1, 2011, a standardized, patient-centered,
prescription drug label on all prescription medicine dispensed to
patients in California.
(b) To ensure maximum public comment, the board shall hold public
meetings statewide that are separate from its normally scheduled
hearings in order to seek information from groups representing
consumers, seniors, pharmacists or the practice of pharmacy, other
health care professionals, and other interested parties.
(c) When developing the requirements for prescription drug labels,
the board shall consider all of the following factors:
(1) Medical literacy research that points to increased
understandability of labels.
(2) Improved directions for use.
(3) Improved font types and sizes.
(4) Placement of information that is patient-centered.
(5) The needs of patients with limited English proficiency.
(6) The needs of senior citizens.
(7) Technology requirements necessary to implement the standards.
(d) The board may exempt from the requirements of regulations
promulgated pursuant to subdivision (a) prescriptions dispensed to a
patient in a health facility, as defined in Section 1250 of the
Health and Safety Code, if the prescriptions are administered by a
licensed health care professional. Prescriptions dispensed to a
patient in a health facility that will not be administered by a
licensed health care professional or that are provided to the patient
upon discharge from the facility shall be subject to the
requirements of this section and the regulations promulgated pursuant
to subdivision (a). Nothing in this subdivision shall alter or
diminish existing statutory and regulatory informed consent, patients'
rights, or pharmaceutical labeling and storage requirements,
including, but not limited to, the requirements of Section 1418.9 of
the Health and Safety Code or Section 72357, 72527, or 72528 of Title
22 of the California Code of Regulations.
(e) (1) The board may exempt from the requirements of regulations
promulgated pursuant to subdivision (a) a prescription dispensed to a
patient if all of the following apply:
(A) The drugs are dispensed by a JCAHO-accredited home infusion or
specialty pharmacy.
(B) The patient receives health-professional-directed education
prior to the beginning of therapy by a nurse or pharmacist.
(C) The patient receives weekly or more frequent followup contacts
by a nurse or pharmacist.
(D) Care is provided under a formal plan of care based upon a
physician and surgeon's orders.
(2) For purposes of paragraph (1), home infusion and specialty
therapies include parenteral therapy or other forms of administration
that require regular laboratory and patient monitoring.
(f) (1) On or before January 1, 2010, the board shall report to
the Legislature on its progress under this section as of the time of
the report.
(2) On or before January 1, 2013, the board shall report to the
Legislature the status of implementation of the prescription drug
label requirements adopted pursuant to this section.
SEC. 10. Section 5092 of the Business
and Professions Code is amended to read:
5092. (a) To qualify for the certified public accountant license,
an applicant who is applying under this section shall meet the
education, examination, and experience requirements specified in
subdivisions (b), (c), and (d), or otherwise prescribed pursuant to
this article. The board may adopt regulations as necessary to
implement this section.
(b) An applicant for the certified public accountant license shall
present satisfactory evidence that the applicant has completed a
baccalaureate or higher degree conferred by a college or university,
meeting, at a minimum, the standards described in Section 5094, the
total educational program to include a minimum of 24 semester units
in accounting subjects and 24 semester units in business related
subjects. This evidence shall be provided prior to admission to the
examination for the certified public accountant license, except that
an applicant who applied, qualified, and sat for at least two
subjects of the examination for the certified public accountant
license before May 15, 2002, may provide this evidence at the time of
application for licensure.
(c) An applicant for the certified public accountant license shall
pass an examination prescribed by the board pursuant to this
article.
(d) The applicant shall show, to the satisfaction of the board,
that the applicant has had two years of qualifying experience. This
experience may include providing any type of service or advice
involving the use of accounting, attest, compilation, management
advisory, financial advisory, tax, or consulting skills. To be
qualifying under this section, experience shall have been performed
in accordance with applicable professional standards. Experience in
public accounting shall be completed under the supervision or in the
employ of a person licensed or otherwise having comparable authority
under the laws of any state or country to engage in the practice of
public accountancy. Experience in private or governmental accounting
or auditing shall be completed under the supervision of an individual
licensed by a state to engage in the practice of public accountancy.
(e) This section shall become inoperative on January 1, 2014, but
shall become or remain operative if either the educational
requirements in ethics study and accounting study established by
subdivision (b) of Section 5094, Section 5094.5,
5093 and Section 5094.6 are reduced or eliminated or if
the practice privilege requirements of Sections 5096 to 5096.15,
inclusive, are amended or repealed.
(f) The amendment to Section 5096.12 made by the act adding this
subdivision shall not be deemed an amendment of that section for
purposes of subdivision (e).
SEC. 11. Section 5093 of the Business
and Professions Code is amended to read:
5093. (a) To qualify for the certified public accountant license,
an applicant who is applying under this section shall meet the
education, examination, and experience requirements specified in
subdivisions (b), (c), and (d), or otherwise prescribed pursuant to
this article. The board may adopt regulations as necessary to
implement this section.
(b) (1) An applicant for admission to the certified public
accountant examination under the provisions of this section shall
present satisfactory evidence that the applicant has completed a
baccalaureate or higher degree conferred by a degree-granting
university, college, or other institution of learning accredited by a
regional or national accrediting agency included in a list of these
agencies published by the United States Secretary of Education under
the requirements of the federal Higher Education Act of
1965 1965, as amended (20 U.S.C. Sec.
1001 et seq.), or meeting, at a minimum, the standards described in
subdivision (c) of Section 5094. The total educational program shall
include a minimum of 24 semester units in accounting subjects and 24
semester units in business-related subjects. This evidence shall be
provided at the time of application for admission to the examination,
except that an applicant who applied, qualified, and sat for at
least two subjects of the examination for the certified public
accountant license before May 15, 2002, may provide this evidence at
the time of application for licensure.
(2) An applicant for issuance of the certified public accountant
license under the provisions of this section shall present
satisfactory evidence that the applicant has completed at least 150
semester units of college education including a baccalaureate or
higher degree conferred by a college or university, meeting, at a
minimum, the standards described in Section 5094, the total
educational program to include a minimum of 24 semester units in
accounting subjects, 24 semester units in business-related subjects,
and, after December 31, 2013, shall also include a minimum of 10
units of ethics study consistent with the requirements set forth in
Section 5094.3 and 20 units of accounting study consistent with the
regulations promulgated under subdivision (c)
(a) of Section 5094.6. This evidence shall be presented at the
time of application for the certified public accountant license.
Nothing herein shall be deemed inconsistent with Section 5094 or
5094.6. The Advisory Committee on Accounting Ethics
Curriculum established under Section 5094.5 may determine that a
course or a portion of a course satisfies the ethics study
requirement. Nothing herein shall be construed to be
inconsistent with prevailing academic practice regarding the
completion of units.
(c) An applicant for the certified public accountant license shall
pass an examination prescribed by the board.
(d) The applicant shall show, to the satisfaction of the board,
that the applicant has had one year of qualifying experience. This
experience may include providing any type of service or advice
involving the use of accounting, attest, compilation, management
advisory, financial advisory, tax or consulting skills. To be
qualifying under this section, experience shall have been performed
in accordance with applicable professional standards. Experience in
public accounting shall be completed under the supervision or in the
employ of a person licensed or otherwise having comparable authority
under the laws of any state or country to engage in the practice of
public accountancy. Experience in private or governmental accounting
or auditing shall be completed under the supervision of an individual
licensed by a state to engage in the practice of public accountancy.
(e) Applicants completing education at a college or university
located outside of this state, meeting, at a minimum, the standards
described in Section 5094, shall be deemed to meet the educational
requirements of this section if the board determines that the
education is substantially equivalent to the standards of education
specified under this chapter.
SEC. 12. Section 5094.5 of the Business
and Professions Code is repealed.
5094.5. (a) There is hereby created within the jurisdiction of
the board the Advisory Committee on Accounting Ethics Curriculum. For
purposes of this section, "committee" means the advisory committee
established under this section.
(b) The committee shall consist of the following 11 members:
(1) One member appointed by the California Public Employees
Retirement System.
(2) Two members appointed by the Regents of the University of
California. These members shall be professors of business ethics or
accounting who have published works on the desirability and potential
contents of accounting ethics education.
(3) Two members appointed by the California State University Board
of Trustees. These members shall be professors of business ethics or
accounting who have published works on the desirability and
potential contents of accounting ethics education.
(4) Two members representing the California Community Colleges
appointed by the Board of Governors of the California Community
Colleges. These members shall be instructors of business ethics or
accounting.
(5) The Senate Committee on Rules, the Speaker of the Assembly,
and the board shall each appoint one member. The members appointed by
the Senate Committee on Rules and the Speaker of the Assembly shall
be from organized labor or consumer advocacy organizations.
(6) The Governor shall appoint one California certified public
accountant in public practice from a list provided by the California
Society of Certified Public Accountants.
(c) The term of a member of the committee shall be at the pleasure
of the appointing authority.
(d) The committee shall be subject to the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1
of Part 1 of Division 3 of Title 2 of the Government Code).
(e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 13. Section 5094.6 of the Business
and Professions Code is amended to read:
5094.6. (a) No later than June 1, 2012, the committee shall
recommend to the board ethics study guidelines consisting of no less
than 10 semester units to be included as a part of the education
required under Section 5093. Ethics study may consist
of academic courses, portions of
courses, or independent study offered by degree-granting
universities, colleges, or other institutions of learning accredited
by a regional or national accrediting agency. Nothing herein shall be
deemed inconsistent with prevailing academic practice regarding
completion of units.
(b)
5094.6. (a) The board shall, no later than
January 1, 2012, by regulation, adopt guidelines for accounting study
to be included as part of the education required under Section 5093.
In promulgating these regulations, the board shall consider the
views of the Accounting Education Advisory Committee established
under Section 5094.7.
(c)
(b) No later than six months following the issuance of
the report by the California Research Bureau regarding the Uniform
Accountancy Act's 150-hour rule, the board shall hold a hearing on
the report. At the hearing, the board shall make recommendations,
based on that report, to the National Association of State Boards of
Accountancy and the American Institute of Certified Public
Accountants for ensuring the relevancy of accountancy education to
the modern practice of accounting and shall approve a plan for the
board to seek the adoption of those recommendations and any others
the board may recommend related to enforcement and Internet
disclosure.
(d)
(c) For purposes of this section, the
following definitions shall apply:
(1) Except as provided in subdivision (c), "committee" means the
Advisory Committee on Accounting Ethics Curriculum established under
Section 5094.5.
(2) "Ethics study guidelines" means the guidelines for the study
of ethics adopted for California by the committee and the board
consisting of a program of learning that provides students with a
framework of ethical reasoning, professional values, and attitudes
for exercising professional skepticism and other behavior that is in
the best interest of the investing and consuming public and the
profession. At minimum, it includes academic work or independent
study and shall include a foundation for ethical reasoning and the
core values of integrity, objectivity, and independence consistent
with the International Education Standards-4 of the International
Accountants Education Standards Board, the International Federation
of Accountants Code of Ethics, and the American Institute of
Certified Public Accountants Code of Professional Conduct.
(3) "Accounting
"accounting study" means independent study or
other academic work in accounting, business, ethics, business law, or
other academic work relevant to accounting and business, so as to
enhance the competency of students as practitioners.
SEC. 14. Section 7139.7 of the Business
and Professions Code is repealed.
7139.7. The board shall report to the Legislature annually on the
condition of the grant program and shall include in the report the
names of the public postsecondary educational institutions involved,
the amount of funds granted to each of those educational
institutions, the purposes for which the funds were granted to each
of those recipients, the number of students involved, the number of
placements made to the construction industry for the previous
academic year, and any other information the board considers relevant
to the program.
SEC. 15. Section 12104 of the Business
and Professions Code is amended to read:
12104. (a) The department shall issue instructions and make
recommendations to the county sealers, and the instructions and
recommendations shall govern the procedure to be followed by these
officers in the discharge of their duties.
(b) Instructions and recommendations which are made to insure
statewide weights and measures protection shall include a local
administration cost analysis utilizing data provided by the county
sealer. The cost analysis shall identify the joint programs or
activities for which funds necessary to maintain adequate county
administration and enforcement have not been provided. The director
shall develop, jointly with the county sealers, county priorities for
the enforcement programs and activities of the director.
(c) The director shall, upon request, report to the Legislature
his or her findings concerning the cost analysis with specific regard
to programs where funds are inadequate for an efficient enforcement
program, together with a listing of the priorities jointly
established by the director and the county sealers that are contained
in the formal instructions and recommendations.
SEC. 16. Section 19622.2 of the
Business and Professions Code is amended to read:
19622.2. (a) The authority of the Department of Food and
Agriculture shall include, but is not limited to, requiring district
agricultural associations to meet all applicable standards prescribed
by the Department of Food and Agriculture.
(b) The department may delegate approval authority for such
matters as the department may determine to the board of directors if
the board complies with this section. The department shall
report annually to the Joint Committee on Fairs Allocation and
Classification the names of fairs that are delegated that authority.
(c) Notwithstanding any other law, and in order to protect the
integrity of the Fair and Exposition Fund, the department may assume
any or all rights, duties, and powers of the board of directors of a
district agricultural association if the department reasonably
determines that there is insufficient fiscal or administrative
control. The board of directors shall again exercise these rights,
duties, and powers when the department determines that the fair is in
compliance with this section. The department shall report
annually to the Joint Committee on Fairs Allocation and
Classification the names of fairs with respect to which the
department has taken the action prescribed in this subdivision and
subdivision (d).
(d) The department may petition a court of competent jurisdiction
for an order appointing the department, or a person designated by the
department, as a receiver if it determines that the fair is
insolvent, or is in imminent danger of insolvency. The court shall
appoint a receiver upon a showing that the fair is insolvent, or is
in imminent danger of insolvency.
(e) For the purposes of this section, "insolvency" means that the
district agricultural association is unable to discharge its debts as
they become due in the usual course of business.
SEC. 17. Section 9527 of the Commercial
Code is repealed.
9527. The Secretary of State shall report annually on or before
January 31 to the Legislature on the operation of the filing office.
The report must contain a statement of the extent to which both of
the following apply:
(1) The filing-office rules are not in harmony with the rules of
filing offices in other jurisdictions that enact substantially this
chapter and the reasons for these variations.
(2) The filing-office rules are not in harmony with the most
recent version of the Model Rules promulgated by the International
Association of Corporate Administrators, or any successor
organization, and the reasons for these variations.
SEC. 18. Section 14030.2 of the
Corporations Code is amended to read:
14030.2. (a) The director may establish accounts within the
expansion fund for loan guarantees and surety bond guarantees,
including loan loss reserves. Each account is a legally separate
account, and shall not be used to satisfy loan or surety bond
guarantees or other obligations of another corporation. The director
shall recommend whether the expansion fund and trust fund accounts
are to be leveraged, and if so, by how much. Upon the request of the
corporation, the director's decision may be repealed or modified by a
board resolution.
(b) Annually, not later than January 1 of each year commencing
January 1, 1996, the director shall prepare a report regarding the
loss experience for the expansion fund for loan guarantees and surety
bond guarantees for the preceding fiscal year. At a minimum, the
report shall also include data regarding numbers of surety bond and
loan guarantees awarded through the expansion fund, including
ethnicity and gender data of participating contractors and other
entities, and experience of surety insurer participants in the bond
guarantee program. The report shall include the information
described in Section 14076 of the Corporations Code. The
director shall submit that report to the Secretary of Business,
Transportation and Housing for transmission to the Governor and the
Legislature.
SEC. 19. Section 14037.7 of the
Corporations Code is amended to read:
14037.7. Within Pursuant to subdivision
(f) of Section 8684.2 of the Government Code, within 60 days of
the conclusion of the period for guaranteeing loans under any small
business disaster loan guarantee program conducted for a disaster as
authorized by Section 8684.2 of the Government Code or Section 14075,
the agency shall provide a report to the Legislature on loan
guarantees approved and rejected by gender, ethnic group, type of
business and location, and each participating loan institution.
The agency need only submit one report to comply with this
section and subdivision (f) of Section 8684.2 of the Government
Code.
SEC. 20. Section 14076 of the
Corporations Code , as added by Section 8 of Chapter
601 of the Statutes of 2007, is amended to read:
14076. (a) It is the intent of the Legislature that the
corporations make maximal use of their statutory authority to
guarantee loans and surety bonds, including the authority to secure
loans with a minimum loan loss reserve of only 25 percent, unless the
agency authorizes a higher leverage ratio for an individual
corporation pursuant to subdivision (b) of Section 14037, so that the
financing needs of small business may be met as fully as possible
within the limits of corporations' loan loss reserves. The agency
shall report annually to the Legislature on the financial status of
the corporations and their portfolio of loans and surety bonds
guaranteed. The agency shall include this information in the
annual report submitted to the Legislature by the director
pursuant to subdivision (b) of Section 14030.2.
(b) Any corporation that serves an area declared to be in a state
of emergency by the Governor or a disaster area by the President of
the United States, the Administrator of the United States Small
Business Administration, or the United States Secretary of
Agriculture shall increase the portfolio of loan guarantees where the
dollar amount of the loan is less than one hundred thousand dollars
($100,000), so that at least 15 percent of the dollar value of loans
guaranteed by the corporation is for those loans. The corporation
shall comply with this requirement within one year of the date the
emergency or disaster is declared. Upon application of a corporation,
the director may waive or modify the rule for the corporation if the
corporation demonstrates that it made a good faith effort to comply
and failed to locate lending institutions in the region that the
corporation serves that are willing to make guaranteed loans in that
amount.
(c) This section shall become operative on January 1, 2013.
SEC. 21. Section 1986 of the Education
Code is amended to read:
1986. (a) The Legislature hereby recognizes that community
schools are a permissive educational program.
(b) If a county superintendent of schools elects to operate a
community school pursuant to this chapter, he or she shall do one or
more of the following:
(1) Utilize available school facilities that conform to the
requirements of Part 2 (commencing with Section 2-101), Part 3
(commencing with Section 3-089-1), Part 4 (commencing with Section
4-403), and Part 5 (commencing with Section 5-102), of Title 24 of
the California Code of Regulations.
(2) Apply for emergency portable classrooms pursuant to Section
17717.2 or Chapter 25 (commencing with Section 17785) of Part 10.
(3) Enter into lease agreements provided that the facilities are
limited to one of the following:
(A) Single story, wood-framed structure.
(B) Single story, light steel frame structure.
(C) A structure where a structural engineer has submitted a report
that determines substantial structural hazards do not exist. The
county board of education shall review the report prior to approval
of the lease and may reject the report if there is any evidence of
fraud regarding the facts in the report.
(c) Before entering into any lease pursuant to paragraph (3) of
subdivision (b), the county superintendent of schools shall certify
that all reasonable efforts have been made to locate community
schools in facilities that conform to the structural safety standards
listed in paragraph (1) of subdivision (b).
(d) On or before September 1, 1993, and every three years
thereafter, each county superintendent of schools shall report to the
State Allocation Board on the facilities utilized for the operation
of community schools and efforts to place community school programs
in facilities that conform with the requirements of Part 2
(commencing with Section 2-101), Part 3 (commencing with Section
3-089-1), Part 4 (commencing with Section 4-403), and Part 5
(commencing with Section 5-102), of Title 24 of the California Code
of Regulations.
(e)
(d) This section shall become operative on July 1,
1990.
SEC. 22. Section 8007 of the Education
Code is repealed.
8007. The State Department of Education and the Board of
Governors of the California Community Colleges shall submit the
following reports each year to the Legislature:
(a) An annual descriptive report containing information on career
technical education and technical training programs, including
regional occupational centers and programs. The report shall be
coordinated with federal evaluation requirements pursuant to Section
113 of Title I of the Carl D. Perkins Vocational and Technical
Education Act of 1998 (P.L. 105-332; 20 U.S.C. Sec. 2323) and shall
contain all of the following:
(1) Enrollment defined in terms of secondary pupils, postsecondary
students, and adults.
(2) The number of graduates of programs and students participating
in career technical education.
(3) The number of pupils participating in career technical
education.
(4) The number of pupils completing a specific career technical
education program.
(5) The number of pupils in grade 12 that complete a career
technical education program.
(6) The number of pupils in grade 12 that complete a career
technical education program and earn a high school diploma.
(b) An annual individual program evaluation derived from a
representative sample of participating districts and schools
containing information on program effectiveness as measured by:
(1) The extent to which persons who complete the program find
employment in occupations related to their training.
(2) Other factors as determined in Budget Act language pursuant to
Section 33404.
(c) A copy of the annual state plan for career technical
education.
SEC. 23. Section 17285 of the Education
Code is amended to read:
17285. (a) Notwithstanding any provision of law except Sections
17286, 17287, 17405, and this section, a leased building that does
not meet the requirements of Section 17280 may not be used as a
school building, as defined in Section 17283, after September 1,
1990.
(b) A school district may lease a commercial building prior to
January 1, 2003, that does not meet the requirements of Section
17280, for use as a school building, as defined in Section 17283, if
the governing board of the district finds that all of the following
conditions have been met:
(1) The building was constructed in accordance with seismic safety
standards for commercial buildings constructed within an earthquake
zone.
(2) The building permit for the initial construction of the
building was issued on or after January 1, 1990.
(3) A structural engineer has inspected the building and submitted
a report to the governing board of the school district that
certifies that the building is in substantial compliance with the
requirements of the Field Act. This certification requirement is
satisfied if the structural engineer affixes his or her seal of
approval to the report and he or she attests in that report that to
the best of his or her knowledge:
(A) He or she has reviewed the design calculations, construction
documents, and the local government construction inspection records
of the building to the extent available.
(B) He or she has authorized testing and has observed or reviewed
the test results and the inspections of an adequate sample of the
structure's welds, anchor bolts, and other structural elements.
(C) He or she has observed that the overhead nonstructural
elements, including, but not limited to, light fixtures, heating, and
air-conditioning diffusers are adequately braced or anchored.
The governing board of the school district shall submit the report
to the Division of the State Architect for its review. The Division
of the State Architect has one month to review the report for
compliance with the above requirements, and to provide feedback to
the structural engineer regarding any insufficiencies with the
report, and whether or not the building is in substantial compliance
with the requirements of the Field Act. If the Division of the State
Architect does not respond within one month of the final and complete
report being submitted, the Division of the State Architect will be
deemed to have concurred with the structural engineer's report. A
final decision by the governing board of the school district to
occupy the building for school purposes shall not occur until the
governing board has reviewed and considered the feedback of the
Division of the State Architect, or the one month review period has
passed.
No member of the governing board of a school district, nor any
employee of a school district, shall be held personally liable for
injury to persons or damage to property resulting from the fact that
the governing board of the school district used a commercial building
pursuant to this subdivision for a school and the building was not
constructed under the requirements of Section 17280. This exemption
from personal liability for members of the governing board and
employees of a school district is not intended to limit the liability
of the school district for injury to persons or damage to property
resulting from the fact that the governing board or any employee of
the school district used a commercial building pursuant to this
subdivision for a school and the building was not constructed under
the requirements of Section 17280. This exemption from personal
liability for members of the governing board and employees of a
school district is not intended to limit the liability of the school
district, the governing board or the district's employees pursuant to
Section 835 of the Government Code. Section 17312 is not applicable
to a person who, pursuant to this section, leases or uses a building
for a school building that meets the requirements of this section but
does not meet the requirements of Section 17280. Approval and use of
a building pursuant to subdivision (b) of Section 17285
this subdivision does not constitute a violation
of the Field Act.
(c) A building leased pursuant to Section 17280 may be used after
September 1, 1991, as a regional occupational center or program that
does not meet the requirements of Section 17280, provided the
building satisfies all of the following conditions:
(1) The facility is one of the following:
(A) A single-story, wood-framed structure.
(B) A single-story, light steel frame structure.
(C) A structure for which a structural engineer has submitted a
report that certifies that substantial structural hazards do not
exist, as to that structure. The governing board of the regional
occupational center or program, as provided for under Section
52310.5, shall review the report prior to approval of the lease and
may reject the report if there is any evidence of fraud regarding the
facts in the report.
(2) The building or structure complies with all applicable local
building standards and all applicable local health and safety
standards in the community in which it is located.
(3) The governing board of the regional occupational center or
program, as provided for under Section 52310.5, certifies to the
State Allocation Board that reasonable efforts have been made to
locate the regional occupational center or program in facilities that
conform to the seismic safety standards set forth in Part 2
(commencing with Section 2-101), Part 3 (commencing with Section
3-089-1), Part 4 (commencing with Section 4-403), and Part 5
(commencing with Section 5-102), of Title 24 of the California Code
of Regulations.
(d) On or before September 1, 1994, and every three years
thereafter, each governing board of a regional occupational center or
program shall report to the State Allocation Board on the facilities
utilized for the operation of that center or program and on efforts
to place the center or program in facilities that conform to the
seismic safety standards described in paragraph (3) of subdivision
(b).
SEC. 24. Section 17292.5 of the
Education Code is amended to read:
17292.5. (a) If the governing board of a school district operates
a program for expelled pupils, the governing board shall do one or
more of the following:
(1) Utilize available school facilities that conform to the
requirements of Part 2 (commencing with Section 2-101), Part 3
(commencing with Section 3-089-1), Part 4 (commencing with Section
4-403), and Part 5 (commencing with Section 5-102), of Title 24 of
the California Code of Regulations.
(2) Apply for emergency portable classrooms pursuant to Chapter 25
(commencing with Section 17085) of Part 10.
(3) Enter into lease agreements for facilities, provided that the
facilities are limited to a structure where a structural engineer has
submitted a report that determines substantial structural hazards do
not exist.
(b) Before entering into any lease pursuant to paragraph (3) of
subdivision (a), the governing board of the school district shall
certify to the State Allocation Board that all reasonable efforts
have been made to locate the program in facilities that conform to
the structural safety standards listed in paragraph (1) of
subdivision (a).
(c) On or before September 1, 1996, and every three years
thereafter, each school district shall report to the State Allocation
Board on the facilities utilized for the operation of these programs
and efforts to place programs in facilities that conform with the
requirements of Part 2 (commencing with Section 2-101), Part 3
(commencing with Section 3-089-1), Part 4 (commencing with Section
4-403), and Part 5 (commencing with Section 5-102), of Title 24 of
the California Code of Regulations.
SEC. 25. Section 18884 of the Education
Code is repealed.
18884. The State Librarian shall provide a report by March 1,
2004, to the Legislature that includes, but is not limited to, all of
the following information:
(a) The amount of funding allocated pursuant to this chapter.
(b) The number of libraries or schools participating in the
program.
(c) The types of services to be provided with funds received
pursuant to this chapter.
(d) The number of English language learners participating in the
program.
(e) The number of parents or adults participating in the program.
SEC. 26. Section 20080 of the Education
Code is amended to read:
20080. The endowment shall undertake a comprehensive survey of
the state of cultural and historical preservation, accessibility, and
interpretation in California , and report to the Governor
and the Legislature . In conducting the survey, the
endowment shall coordinate with existing state agencies, including
the California Arts Council, the Department of Parks and Recreation,
and the Secretary of State. The report shall include all of the
following:
(a) A survey of elements in California's existing assemblage of
buildings, sites, artifacts, museums, cultural landscapes, trails,
illustrations, the arts and artistic expressions, written materials,
and displays and interpretive centers that are missing or
underrepresented, such as if current facilities, materials, and
services leave out, misrepresent, or inadequately present some
important thread of the story of California as a unified society or
of the many groups of people that together comprise historic and
modern California.
(b) Recommendations for steps that should be taken to fill in the
missing or underrepresented elements identified in subdivision (a).
(c) Recommendations for the manner of transferring the Office of
Historic Preservation in the Department of Parks and Recreation to
the endowment, consistent with the Legislature's intent expressed in
Section 20052.5.
(d) Recommendations for additional steps that should be taken to
better preserve and administer cultural and historic resources
efficiently and effectively, including additional actions that should
be taken to improve the governmental structures responsible for
historic and cultural preservation in California, including oversight
and support of museums. In particular,
the endowment shall examine the feasibility and
desirability of establishing the endowment as a separate institution
in state government, without ties to any existing agency or
department, although under the general authority of the Governor. The
endowment shall also identify the most appropriate chair, or the
most appropriate method for selecting the chair, of its board.
(e) A survey of the capacities and fiscal conditions of public,
nonprofit, and other private entities in California that provide
cultural and historical facilities and services, including museums.
(f) Recommendations for the future financing of cultural and
historical programs provided by public agencies and nonprofit
agencies in California, including museums.
(g) Recommendations for programs to encourage the historic
maintenance and restoration of properties in private ownership,
including, but not limited to, a state tax credit for restoration of
historic properties that maintain historic integrity, property tax
deferral as long as a property's historic integrity is maintained,
and low interest loans.
(h) A study of the economic impact of the preservation and
interpretation of cultural and historic resources in the state. This
should include the economic benefits resulting from the preservation
of historic commercial and residential properties and sites, and from
historic and cultural tourism activities.
SEC. 27. Section 20081 of the Education
Code is repealed.
20081. In preparing its report pursuant to Section 20080, the
endowment shall conduct public hearings throughout the state on this
subject and shall invite persons of diverse groups and ethnic
backgrounds to share their input on the matter, including comment on
the needs of all types of cultural and historical resource
organizations and programs in California.
SEC. 28. Section 20082 of the Education
Code is repealed.
20082. The report prepared pursuant to this article shall be
delivered to the Governor and the Legislature by November 1, 2005.
The endowment shall report annually to the Governor and the
Legislature on its progress towards completion of the report, until
the report is completed.
SEC. 29. Section 22218.5 of the
Education Code is repealed.
22218.5. The board, on March 1, 1995, and annually thereafter,
shall report to the fiscal committees of the Legislature and to the
Director of Finance the return on investments and actual payroll
subject to the system for the prior fiscal year.
SEC. 30. Section 22352 of the Education
Code is amended to read:
22352. (a) Upon a finding
by the board that necessary investment expertise is not available
within existing civil service classifications, and with the approval
of the State Personnel Board, the board may contract with qualified
investment managers having demonstrated expertise in the management
of large and diverse investment portfolios to render service in
connection with the investment program of the board.
(b) The board shall report to the Governor, the Legislature, and
the Joint Legislative Budget Committee on the nature, duration, and
cost of investment contract services used. The report shall first be
submitted in April 1987, and annually in April of every year
thereafter.
SEC. 31. Section 24400 of the Education
Code is amended to read:
24400. The Legislature recognizes that inflation erodes the
purchasing power of benefits paid under the plan under this part. It
is the intent of the Legislature to understand the degree of erosion
of these benefits. The board shall report to the Governor
and Legislature no later than June 1 of each year on the extent to
which inflation has eroded the purchasing power of benefits provided
under the Defined Benefit Program. The board shall indicate the
amount of supplementary increases in retirement allowances required
to preserve the purchasing power of benefits provided by the Defined
Benefit Program. The board shall also determine and report on the
increases.
SEC. 32. Section 42263 of the Education
Code is amended to read:
42263. (a) Commencing in the 1990-91 fiscal year, year-round
school grants, in addition to those grants authorized under Section
42262, shall be awarded annually for the operation of
multitrack year-round education programs to school
districts that meet the criteria specified in this section, in
addition to the criteria otherwise applicable under this article.
(b) For each fiscal year, for each schoolsite for which a school
district applies for funding under this article, the district shall
certify the number of pupils in excess of the capacity of the
schoolsite, as determined by State Allocation Board or court-mandated
pupil loading standards, for which the district elects to claim
funding under this article. The excess pupil capacity calculated for
purposes of this subdivision shall reflect only the additional
capacity that has been generated as a result of operation on a
multitrack year-round basis, and shall not reflect increased capacity
generated by any other means. A school district shall be eligible
for funding under this section only as to any schoolsite for which
the pupil population certified by the district exceeds the capacity
of the schoolsite by not less than 5 percent.
(c) To the extent funding is made available for the purposes of
this section, the Superintendent of Public Instruction shall allocate
to an applicant school district, for each schoolsite that qualifies
for funding under subdivision (b), an amount equal to the district's
share of the product of the statewide average cost avoided per pupil,
as established under subdivision (e), and the number of pupils
certified by the district under subdivision (b). For purposes of this
subdivision, a district's share shall be determined according to the
percentage by which the number of certified pupils reflects an
increase in the capacity of the schoolsite, as follows:
District's Share
1. Less than 5% 0%
2. Equal to or greater than 5% but
50%
less than 10%
3. Equal to or greater than 10% but
67%
less than 15%
4. Equal to or greater than 15% but
75%
less than 20%
5. Equal to or greater than 20% but
85%
less than 25%
6. Equal to or greater than 25% 90%
(d) (1) The State Allocation Board shall calculate the statewide
average cost avoided per pupil under Chapter 12.5 (commencing with
Section 17070.10) of Part 10 through the operation of school
facilities on a multitrack year-round basis, based on the following
school facilities cost components:
(A) The cost of facilities construction.
(B) The cost of land acquisition.
(C) Relocation costs in connection with land acquisition.
(D) State costs incurred as a result of interest that would be
paid by the state for debt service on state general obligation bond
financing to construct new school facilities under Chapter 12.5
(commencing with Section 17070.10) of Part 10.
(2) The calculation of costs under subparagraphs (B) and (C) of
paragraph (1) shall exclude data from the lowest quartile and the
highest quartile.
(3) The State Allocation Board shall calculate the statewide
average cost avoided per pupil, pursuant to this subdivision, on the
basis of the 1990-91 and 1991-92 fiscal years and every two-year
period thereafter. No later than December 1, 1992, and
biennially thereafter, the board shall report to the Legislature the
result of its calculation for the prior two-year period.
(e) For the 1990-91 and 1991-92 fiscal years, the "statewide
average cost avoided per pupil," for purposes of this section, shall
be one thousand one hundred fifty-one dollars ($1,151). For the
1992-93 fiscal year, and each fiscal year thereafter, the "statewide
average cost avoided per pupil" shall be established by the statute
that appropriates funding for the purposes of this section for that
fiscal year.
SEC. 33. Section 48005.45 of the
Education Code is amended to read:
48005.45. (a) The Superintendent, by June 1, 2007, shall contract
for an independent longitudinal evaluation regarding the effects of
the change in the entry age for kindergarten and first grade pursuant
to this article. In selecting the independent evaluator, awarding
the contract pursuant to this section, and in monitoring performance
under the contract, the Superintendent shall consult with the
advisory panel convened pursuant to subdivision (b) of Section
48005.13.
(b) The evaluation shall be based upon samples of sufficient size
and diversity to allow results to be reported separately for pupils
of different ethnicity, socioeconomic status, and primary language,
and results of the evaluation shall be so reported.
(c) The primary purpose of the evaluation is to determine whether
this entry age change results in improved readiness for school and an
improvement in academic achievement among participating children.
(d) The evaluation shall use representative sampling to identify
the change's effects on all of the following:
(1) Academic achievement, as measured by standardized tests, as
compared with pupils not participating in the program.
(2) Behavioral problems, as measured by objective data including,
but not limited to, suspension and expulsion rates, as compared with
pupils not participating in the program.
(3) Academic problems, as measured by referrals to special
education and remedial programs, as compared with pupils not
participating in the program.
(4) Age of kindergarten entry and previous educationally based
preschool experience, including, but not limited to, access to child
care and preschool by parents or guardians.
(5) Overall retention rates in kindergarten and in subsequent
grades.
(6) Participation in remedial, supplemental, or summer school
programs.
(7) Class size.
(8) Number of pupils participating in kindergarten.
(9) Number of pupils participating in the kindergarten readiness
programs.
(10) Differences, if any, between programs with full preschool
participation, and those with partial or no preschool.
(11) Child care difficulties caused by the admission age change.
(12) Demographic breakdown of participants and nonparticipants,
including, but not limited to, socioeconomic and ethnic demographics.
(13) Facilities difficulties, if any, encountered by participating
school districts.
(14) The ability of parents to gain access to the program,
disaggregated by ethnic, primary language, and socioeconomic status.
(e) It is the intent of the Legislature that funding for this
evaluation be included in the Budget Act or a bill related to the
Budget Act. It is the intent of the Legislature to subsequently
increase the number of hours funded for the kindergarten readiness
program if the reports pursuant to this section indicate that the
increase would be beneficial.
(f) (1) The independent evaluator shall report to the Legislature,
the Governor, the Superintendent, and the state board.
(2) The initial report shall be filed by June 1, 2009. The interim
report shall be filed by January 1, 2011. The final report shall be
filed by January 1, 2012.
SEC. 34. Section 52314 of the Education
Code is amended to read:
52314. (a) (1) Except as provided in subdivision (b), any pupil
eligible to attend a high school or adult school in a school district
subject to the jurisdiction of a county superintendent of schools
operating a regional occupational center or regional occupational
program, and who resides in a school district which by itself or in
cooperation with other school districts, has not established a
regional occupational center, or regional occupational program, is
eligible to attend a regional occupational center or regional
occupational program maintained by the county superintendent of
schools. Any school district which in cooperation with other school
districts maintains a regional occupational center, or regional
occupational program, or any cooperating school districts may admit
to the center, or program, any pupil, otherwise eligible, who resides
in the district or in any of the cooperating districts. Any school
district which by itself maintains a regional occupational center, or
regional occupational program, may admit to the center, or program,
any pupil, otherwise eligible, who resides in the district. No pupil,
including adults under Section 52610 shall be admitted to a regional
occupational center, or regional occupational program, unless the
county superintendent of schools or governing board of the district
or districts maintaining the center, or program, as the case may be,
determines that the pupil will benefit therefrom and approves of his
or her admission to the regional occupational center or regional
occupational program.
(2) Adult students shall not be enrolled in regional occupational
center or program courses during the school day on a high school
campus unless specifically authorized by the policy of the governing
board of the school district.
(3) A pupil may be admitted on a full-time or part-time basis, as
determined by the county superintendent of schools or governing board
of the school district or districts maintaining the center, or
program, as the case may be.
(b) A pupil is not eligible to be admitted to a regional
occupational center or program, and his or her attendance shall not
be credited to a regional occupational center or program, until he or
she has attained the age of 16 years, unless the pupil meets one or
more of the following conditions:
(1) The pupil is enrolled in grade 11 or a higher grade.
(2) The pupil received a referral and all of the following
conditions are met:
(A) The pupil is referred to a regional occupational center or
program as part of a comprehensive high school plan that has been
approved by a school counselor or school administrator. The approval
of the pupil's parents or guardian may be sought but is not required.
(B) The pupil's comprehensive high school plan requires referral
to a regional occupational center or program as part of a sequence of
vocational courses that allows the pupil to learn a comprehensive
skill occupation that culminates in earning a postsecondary
vocational certificate or diploma or its equivalent.
(C) The pupil is enrolled in a school that maintains any of grades
9 to 12, inclusive.
(3) The individualized education program of a pupil adopted
pursuant to the requirements of Chapter 4 (commencing with Section
56300) of Part 30 prescribes occupational training for which his or
her enrollment in a regional occupational center or program is deemed
appropriate.
(4) The pupil is enrolled in grade 10 and has a comprehensive high
school plan that has been approved by a school counselor, and the
admission of that pupil will not result in the denial of admission or
displacement of pupils in grades 11 and 12 that would otherwise
participate in the regional occupational center or program.
(c) (1) Each school
district, county superintendent of schools, or joint powers agency
that maintains a regional occupational center or regional
occupational program shall submit to the department, at the time and
in the manner prescribed by the Superintendent, the enrollment and
average daily attendance for each grade level and the enrollment and
average daily attendance for each exemption set forth in subdivision
(b).
( 2) The department
shall submit this information to the education and budget committees
of the Legislature, the Legislative Analyst's Office, and the
Director of Finance by April 1 of each year for the preceding school
year.
SEC. 35. Section 53101 of the Education
Code is amended to read:
53101. (a) The Governor, the Superintendent, and the state board
shall jointly develop a single high-quality plan or multiple plans,
in collaboration with participating local educational agencies, as
necessary, to submit as part of an application for federal Race to
the Top funds, authorized under the federal American Recovery and
Reinvestment Act of 2009 (Public Law 111-5).
(b) The Department
of Finance, concurrent with the submission of the plan to the
Attorney General, shall provide the appropriate policy and fiscal
committees of both houses of the Legislature with a copy of the state
plan or plans, including any amendments .
(c)
(b) The plan submitted pursuant to subdivision
(b) shall include a budget or expenditure plan consistent
with the requirements of the Race to the Top program and application.
At a minimum, the plan shall address how the Race to the Top program
funds and any other applicable federal funds shall be used to
provide resources to the low-achieving and persistently
lowest-achieving schools as defined in this chapter. These resources
may include, but are not necessarily limited to, professional
development, technical assistance, and partnering with schools that
have successfully transitioned from low- to higher-performing status.
(d)
(c) It is the intent of the Legislature that funding
for local educational agencies be the highest priority in the
allocation of Race to the Top program funds.
SEC. 36. Section 66040.7 of the
Education Code is amended to read:
66040.7. The California State University, the Department of
Finance, and the Legislative Analyst's Office shall jointly conduct a
statewide evaluation of the new programs implemented under this
article. The results of the evaluation shall be reported, in
writing, to the Legislature and Governor on or before January 1,
2011. The evaluation required by this section shall
consider all of the following:
(a) The number of new doctoral programs in education implemented,
including information identifying the number of new programs,
applicants, admissions, enrollments, degree recipients,
time-to-degree, attrition, and public school and community college
program partners.
(b) The extent to which the programs established under this
article are fulfilling identified state needs for training in
educational leadership, including statewide supply and demand data
that considers capacity at the University of California and in
California's independent colleges and universities.
(c) Information on the place of employment of students and the
subsequent job placement of graduates.
(d) Any available evidence on the effects that the graduates of
the programs are having on elementary and secondary school and
community college reform efforts and on student achievement.
(e) Program costs and the fund sources that were used to finance
these programs, including a calculation of cost per degree awarded.
(f) The costs of the programs to students, the amount of financial
aid offered, and student debt levels of graduates of the programs.
(g) The extent to which the programs established under this
article are in compliance with the requirements of this article.
SEC. 37. Section 7571 of the Family
Code is amended to read:
7571. (a) On and after January 1, 1995, upon the event of a live
birth, prior to an unmarried mother leaving any hospital, the person
responsible for registering live births under Section 102405 of the
Health and Safety Code shall provide to the natural mother and shall
attempt to provide, at the place of birth, to the man identified by
the natural mother as the natural father, a voluntary declaration of
paternity together with the written materials described in Section
7572. Staff in the hospital shall witness the signatures of parents
signing a voluntary declaration of paternity and shall forward the
signed declaration to the Department of Child Support Services within
20 days of the date the declaration was signed. A copy of the
declaration shall be made available to each of the attesting parents.
(b) No health care provider shall be subject to any civil,
criminal, or administrative liability for any negligent act or
omission relative to the accuracy of the information provided, or for
filing the declaration with the appropriate state or local agencies.
(c) The local child support agency shall pay the sum of ten
dollars ($10) to birthing hospitals and other entities that provide
prenatal services for each completed declaration of paternity that is
filed with the Department of Child Support Services, provided that
the local child support agency and the hospital or other entity
providing prenatal services has entered into a written agreement that
specifies the terms and conditions for the payment as required by
federal law.
(d) If the declaration is not registered by the person responsible
for registering live births at the hospital, it may be completed by
the attesting parents, notarized, and mailed to the Department of
Child Support Services at any time after the child's birth.
(e) Prenatal clinics shall offer prospective parents the
opportunity to sign a voluntary declaration of paternity. In order to
be paid for their services as provided in subdivision (c), prenatal
clinics must ensure that the form is witnessed and forwarded to the
Department of Child Support Services within 20 days of the date the
declaration was signed.
(f) Declarations shall be made available without charge at all
local child support agency offices, offices of local registrars of
births and deaths, courts, and county welfare departments within this
state. Staff in these offices shall witness the signatures of
parents wishing to sign a voluntary declaration of paternity and
shall be responsible for forwarding the signed declaration to the
Department of Child Support Services within 20 days of the date the
declaration was signed.
(g) The Department of Child Support Services, at its option, may
pay the sum of ten dollars ($10) to local registrars of births and
deaths, county welfare departments, or courts for each completed
declaration of paternity that is witnessed by staff in these offices
and filed with the Department of Child Support Services. In order to
receive payment, the Department of Child Support Services and the
entity shall enter into a written agreement that specifies the terms
and conditions for payment as required by federal law. The Department
of Child Support Services shall study the effect of the ten dollar
($10) payment on obtaining completed voluntary declaration of
paternity forms and shall report to the Legislature on any
recommendations to change the ten dollar ($10) optional payment, if
appropriate, by January 1, 2000 .
(h) The Department of Child Support Services and local child
support agencies shall publicize the availability of the
declarations. The local child support agency shall make the
declaration, together with the written materials described in
subdivision (a) of Section 7572, available upon request to any parent
and any agency or organization that is required to offer parents the
opportunity to sign a voluntary declaration of paternity. The local
child support agency shall also provide qualified staff to answer
parents' questions regarding the declaration and the process of
establishing paternity.
(i) Copies of the declaration and any rescissions filed with the
Department of Child Support Services shall be made available only to
the parents, the child, the local child support agency, the county
welfare department, the county counsel, the State Department of
Health Services, and the courts.
(j) Publicly funded or licensed health clinics, pediatric offices,
Head Start programs, child care centers, social services providers,
prisons, and schools may offer parents the opportunity to sign a
voluntary declaration of paternity. In order to be paid for their
services as provided in subdivision (c), publicly funded or licensed
health clinics, pediatric offices, Head Start programs, child care
centers, social services providers, prisons, and schools shall ensure
that the form is witnessed and forwarded to the Department of Child
Support Services.
(k) Any agency or organization required to offer parents the
opportunity to sign a voluntary declaration of paternity shall also
identify parents who are willing to sign, but were unavailable when
the child was born. The organization shall then contact these parents
within 10 days and again offer the parent the opportunity to sign a
voluntary declaration of paternity.
SEC. 38. Section 17555 of the Family
Code is amended to read:
17555. (a) Any appropriation made available in the annual Budget
Act for the purposes of augmenting funding for local child support
agencies in the furtherance of their revenue collection
responsibilities shall be subject to all of the following
requirements:
(1) Each local child support agency shall submit to the department
an early intervention plan with all components to take effect upon
receipt of their additional allocation as a result of this proposal.
(2) Funds shall be distributed to counties based on their
performance on the following two federal performance measures:
(A) Measure 3: Collections on Current Support.
(B) Measure 4: Cases with Collections on Arrears.
(3) Notwithstanding
Section 10231.5 of the Government Code, the department shall submit
an interim report to the fiscal committees of the Legislature by
January 1 of any year for which a budget appropriation for this
purpose is made, to track and evaluate the impact of the augmentation
on revenue collections and cost-effectiveness, with an additional
oral report to be provided during the spring subcommittee review
process .
(4)
(3) A local child support agency shall be required to
use and ensure that 100 percent of the new funds allocated are
dedicated to maintaining caseworker staffing levels in order to
stabilize child support collections.
(5)
(4) At the end of each fiscal year that this
augmentation is in effect, the department shall provide a report on
the cost-effectiveness of this augmentation, including an assessment
of caseload changes over time.
(b) It is the intent of the Legislature to review the results of
this augmentation and the level of related appropriation during the
legislative budget review process.
SEC. 39. Section 456 of the Fish and
Game Code is amended to read:
456. (a) The department
shall biennially report to the Legislature and to the Fish and Game
Commission on the progress that is being made toward the restoration
and maintenance of California's deer herds. The first report shall be
submitted on or before October 1, 1989. The report shall include
program activities regarding deer habitat, particularly addressing
problems dealing with identification and preservation of critical
deer habitat areas; the amount of revenue derived from the sale of
deer tags during the two previous fiscal years; a list of
expenditures during the two previous fiscal years and proposed
expenditures during the current fiscal year; and a report of general
benefits accrued to the deer resources as a result of the program.
(b) The department shall not recommend to the commission any deer
management program or any modification of the commission's deer
hunting regulations submitted pursuant to Section 460 unless the
recommendations are consistent with adopted deer herd management
plans.
SEC. 40. Section 1363.5 of the Fish and
Game Code is repealed.
1363.5. (a) Commencing on June 30, 2003, and every two years
thereafter, the board shall report to the Legislature and the
Governor concerning the activities and expenditures of the fund.
(b) (1) In the first report to the Legislature, the board shall
provide its best estimate of the total amount, in terms of acreage,
species, and coverage, of oak woodlands habitat purchased with funds
from the Habitat Conservation Fund and other funds pursuant to the
California Wildlife Protection Act of 1990 (Chapter 9 (commencing
with Section 2780) of Division 3).
(2) In each subsequent report, the board shall update the
information required by paragraph (1) to reflect additional oak
woodlands habitat purchased with funds from the Habitat Conservation
Fund pursuant to Chapter 9 (commencing with Section 2780) of Division
3, and any purchases made with moneys deposited in the Oak Woodlands
Conservation Fund.
(c) The board shall provide its best estimate in each report of
the acreage, cover, and species of oak woodlands habitat purchased
with all moneys from the Safe Neighborhood Parks, Clean Water, Clean
Air, and Coastal Protection Bond Fund.
(d) The board shall make all information available online at its
Web site.
(e) This section shall become inoperative on July 1, 2020, and, as
of January 1, 2021, is repealed, unless a later enacted statute that
is enacted before January 1, 2021, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 41. Section 1727 of the Fish and
Game Code is amended to read:
1727. (a) In order to provide for a diversity of available
angling experiences throughout the state, it is the intent of the
Legislature that the commission maintain the existing wild trout
program, and as part of the program, develop additional wild trout
waters in the more than 20,000 miles of trout streams and
approximately 5,000 lakes containing trout in California.
(b) The department shall prepare a list of no less than 25 miles
of stream or stream segments and at least one lake that it deems
suitable for designation as wild trout waters. The department shall
submit this list to the commission for its consideration at the
regular October commission meeting.
(c) The commission may remove any stream or lake that it has
designated as a wild trout fishery from the program at any time. If
any of those waters are removed from the program, an equivalent
amount of stream mileage or an equivalent size lake shall be added to
the wild trout program.
(d) The commission shall in January of each year submit a report
to the Legislature regarding progress in implementing this chapter.
In that report, the commission shall state its reasons why any stream
or lake listed by the department as suitable for consideration as a
wild trout water was or was not included in the program. The
commission shall also state its reasons for removing and replacing
any waters within the program.
(e)
(d) The department shall prepare and complete
management plans for all wild trout waters not more than three years
following their initial designation by the commission, and to update
the management plan every five years following completion of the
initial management plan.
SEC. 42. Section 1850 of the Fish and
Game Code is amended to read:
1850. On or before January 1, 2002, the department shall
establish an updated data base database
of all existing and operating wetlands mitigation banks that sell
credits to the public in California. To the extent feasible, the
department shall use all existing information in compiling this
data base database and shall utilize
the CERES Environmental Data Catalog to make this information
available to the public. The department shall update this
data base database on an annual basis
and shall include all relevant information required by Section 1851
.
SEC. 43. Section 1851 of the Fish and
Game Code is repealed.
1851. On or before January 1, 2002, and biennially thereafter,
the department shall review the data base and the data catalog
described in Section 1850, and shall provide a report to the
Legislature with a description and the status of each existing
wetlands mitigation bank site in operation as of January 1, 2001, and
each mitigation bank site approved thereafter. The report shall
include, but not be limited to, all of the following information:
(a) The name, address, and telephone number of the person or
agency who created the wetlands mitigation bank site.
(b) The name, address, and telephone number of the wetlands
mitigation bank operator and the address or other appropriate
physical description of the location of the wetlands mitigation bank
site.
(c) The date the wetlands mitigation bank site was created.
(d) A description of the wetlands mitigation bank site's service
area.
(e) A description of existing habitat functions at the wetlands
mitigation bank site prior to its development as a wetlands
mitigation bank site.
(f) The type of financial assurances secured by the wetlands
mitigation bank operator to ensure management of the wetlands
mitigation bank site in perpetuity.
(g) Whether goals were established for the wetlands mitigation
bank site and what percentage of those goals have been achieved.
(h) Utilizing existing information compiled by the United States
Army Corps of Engineers or other federal agencies, the number of
wetlands acres and habitat functions created at the bank site.
(i) The number of credits issued and to whom.
(j) An assessment of the biological productivity of the created
wetlands.
(k) Utilizing existing information that is publicly available
within the records of state or federal agencies, a comparison of the
wetlands acreage and habitat functions that were created at the bank
site and those that were lost as a result of the permitted projects
for which credits were obtained.
SEC. 44. Section 2079 of the Fish and
Game Code is amended to read:
2079. The department shall, by January 30 of every third year,
beginning January 30, 1986, prepare a report summarizing the status
of all state listed endangered, threatened, and candidate species,
and shall submit the report to the commission, the
Legislature, the Governor, and all individuals who have notified the
commission, in writing with their address, of their interest
post the report on the commission's Internet Web site
. This report shall include, but not be limited to, a listing
of those species designated as endangered, threatened, and candidate
species, a discussion of the current status of endangered,
threatened, or candidate species, and the timeframes for the review
of listed species pursuant to this article.
SEC. 45. Section 2086 of the Fish and
Game Code is amended to read:
2086. (a) The department, in cooperation with the Department of
Food and Agriculture, agricultural commissioners, extension agents,
farmers, ranchers, and other agricultural experts, shall adopt
regulations that authorize locally designed voluntary programs for
routine and ongoing agricultural activities on farms or ranches that
encourage habitat for candidate, threatened, and endangered species,
and wildlife generally. Agricultural commissioners, extension agents,
farmers, ranchers, or other agricultural experts, in cooperation
with conservation groups, may propose those programs to the
department. The department shall propose regulations for those
programs not later than July 1, 1998.
(b) Programs authorized under subdivision (a) shall do all of the
following:
(1) Include management practices that will, to the maximum extent
practicable, avoid and minimize take of candidate, endangered, and
threatened species, while encouraging the enhancement of habitat.
(2) Be supported by the best available scientific information for
both agricultural and conservation practices.
(3) Be consistent with the policies and goals of this chapter.
(4) Be designed to provide sufficient flexibility to maximize
participation and to gain the maximum wildlife benefits without
compromising the economics of agricultural operations.
(5) Include terms and conditions to allow farmers or ranchers to
cease participation in a program without penalty. The terms and
conditions shall include reasonable measures to minimize take during
withdrawal from the program.
(c) Any taking of candidate, threatened, or endangered species
incidental to routine and ongoing agricultural activities that occurs
while the management practices specified by paragraph (1) of
subdivision (b) are followed, is not prohibited by this chapter.
(d) (1) The department shall automatically renew the authorization
for these voluntary programs every five years, unless the
Legislature amends or repeals this section in which case the program
shall be revised to conform to this section.
(2) Commencing in 2000, and every five years thereafter, the
department shall post a report to the appropriate
policy committees of the Legislature regarding the effect
of the programs on its Internet Web site . The department
shall consult with the Department of Food and Agriculture in
evaluating the programs and preparing the report. The report shall
address factors such as the temporary and permanent acreage
benefiting from the programs, include an estimate of the amount of
land upon which routine and ongoing agricultural activities are
conducted, provide examples of farmer and rancher cooperation, and
include recommendations to improve the voluntary participation by
farmers and ranchers.
(e) If the authorization for these programs is not renewed or is
modified under subdivision (d), persons participating in the program
shall be allowed to cease participating in the program in accordance
with the terms and conditions specified in paragraph (5) of
subdivision (b), without penalty.
(f) (1) The department may approve an application submitted by an
agricultural-based nonprofit organization or other entity registered
as a California nonprofit organization to initiate and undertake
public education and outreach activities that promote the achievement
of the objectives of this chapter. An application submitted pursuant
to this subdivision shall include the following:
(A) The name and contact information of the participating
organization.
(B) A brief description of the planned outreach activities.
(C) An end date for the outreach activities.
(2) The department may require a participating organization to
submit, for approval by the department, educational materials and
outreach materials that are disseminated to the public in furtherance
of this subdivision.
(3) A participating organization shall file an annual report with
the department before the end of each calendar year during the time
period specified in the application. The report shall include, but is
not limited to, the following:
(A) Complete information on the activities conducted by the
participating organization in the prior year, including a description
of all means of communicating to the public and agricultural
community, including personal visits, electronic communications,
organized meetings, or other means.
(B) A compilation of responses from the public and members of the
agricultural community that will assist the participating
organization and the department to modify or improve public education
and outreach activities on an ongoing basis.
(C) An assessment of the existing knowledge within the
agricultural community of programs and prohibitions under this
chapter and a review of outreach activities that could be used to
adapt and improve future outreach efforts.
(D) Information on a farm or ranch that has expressed interest in
participating in a voluntary program pursuant to this section or the
safe harbor agreement program contained in Article 3.7 (commencing
with Section 2089.2). This provision does not require the annual
report to include the identification to the department of an
individual, farm, or ranch.
SEC. 46. Section 2861 of the Fish and
Game Code is amended to read:
2861. (a) The commission shall, annually until the master plan is
adopted and thereafter at least every three years, receive,
consider, and promptly act upon petitions from any interested party,
to add, delete, or modify MPAs, favoring those petitions that are
compatible with the goals and guidelines of this chapter.
(b) Prior to the adoption of a new MPA or the modification of an
existing MPA that would make inoperative a statute, the commission
shall provide a copy of the proposed MPA to the Legislature for
review by the Joint Committee on Fisheries and Aquaculture or, if
there is no such committee, to the appropriate policy committee in
each house of the Legislature.
(c)
(b) Nothing in this chapter restricts any existing
authority of the department or the commission to make changes to
improve the management or design of existing MPAs or designate new
MPAs prior to the completion of the master plan. The commission may
abbreviate the master plan process to account for equivalent
activities that have taken place before enactment of this chapter,
providing that those activities are consistent with this chapter.
SEC. 47. Section 3409 of the Fish and
Game Code is repealed.
3409. The department shall report every three years on the
wildlife habitat enhancement and management program conducted
pursuant to this article. The report shall include a listing of
landholders participating in the wildlife habitat enhancement and
management program, the wildlife habitat enhancement and management
activities undertaken, the wildlife species managed, and harvest
data. The report shall be submitted to the Speaker of the Assembly,
the Chairperson of the Senate Committee on Rules, and the
chairpersons of the policy committees in each house that have
jurisdiction over the subject of this article. The report shall also
be made available to the public upon request.
SEC. 48. Section 3864 of the Fish and
Game Code is repealed.
3864. On or before October 1, 2006, the director shall submit a
status report, and on or before July 1, 2007, the director shall
compile and submit an updated report, on the development and
implementation of an avian influenza detection and response plan for
wild birds in the state. These reports shall be submitted to the
Legislature, the Chair of the Assembly Committee on Water, Parks and
Wildlife, and the Chair of the Senate Committee on Natural Resources
and Water.
SEC. 49. Section 4904 of the Fish and
Game Code is repealed.
4904. (a) The department shall biennially report the following to
the Legislature:
(1) The management units for which plans have been developed
pursuant to Section 4901.
(2) A summary of the data from the annual count conducted by the
department for the purposes of subdivision (b) of Section 4902.
(3) The number of tags issued in the preceding season, and the
number of mature Nelson bighorn rams taken under valid tags in the
preceding season.
(4) Any instance known to the department of the unlawful or
unlicensed taking of a Nelson bighorn sheep in this state and the
disposition of any prosecution therefor.
(5) The number of Nelson bighorn sheep relocated during the
previous year, the area where reintroduced, a statement on the
success of the reintroduction, and a brief description of any
reintroduction planned for the following year.
(b) The report shall consist of a compilation of the results of
the ongoing study conducted pursuant to this section each year since
the enactment of this chapter and an assessment of the environmental
impact of the hunting of Nelson bighorn sheep on the herds.
SEC. 50. Section 7862 of the Fish and
Game Code is amended to read:
7862. A Commercial Salmon Trollers Advisory Committee shall be
established consisting of six members selected by the director. One
member shall be chosen from the personnel of the department. Four
persons shall be selected, with alternates, from a list submitted by
a fishermen's organization deemed to represent the commercial salmon
fishermen of California. One member shall be selected, with an
alternate, from lists submitted by individual commercial passenger
fishing boat operators or by organizations deemed to represent the
commercial passenger fishing boat operators of California. The term
of appointment to the committee shall be for two years. Necessary and
proper expenses, if any, and per diem shall be paid committee
members from the special account created pursuant to subdivision (a)
of Section 7861. The rate of per diem shall be the same as the rate
established pursuant to Section 8902 of the Government Code.
The committee shall recommend programs and a budget from the
special account to the department. The department shall
review the programs and the budget and shall include its
recommendations regarding these items in the Governor's Budget and
submit to the Legislature an annual report on the sale of commercial
fishing salmon stamps, the expenditure of funds, and a status report
of the programs funded pursuant to Section 7861. The department shall
not recommend funding for any program not contained in the committee'
s recommendations.
SEC. 51. Section 8610.10 of the Fish
and Game Code is repeal ed.
8610.10. On or before December 31 of each year, the director
shall prepare and submit a report to the Legislature regarding the
implementation of this article, including an accounting of all funds.
The director shall include in the report an account of the costs
incurred by the department for the administration of this article and
Article X B of the California Constitution.
SEC. 52. Section 12794.5 of the Food
and Agricultural Code is repealed.
12794.5. The department shall prepare an annual report of the
research projects proposed, approved projects awarded, the status of
ongoing research projects, the findings achieved from completed
research projects, and the progress toward developing and
implementing pest management alternatives in the state. The report
shall be submitted annually to the Legislature, on or before February
1.
SEC. 53. Section 54446 of the Food and
Agricultural Code is repealed.
54446. (a) The advisory committee shall prepare and submit a
report to the secretary who, in turn, shall report to the Legislature
on the effectiveness of subdivisions (a) and (e) of Section 54431 in
successfully aiding the bargaining process between processors and
cooperative bargaining associations. The secretary shall include any
recommended changes to subdivisions (a) and (e) of Section 54431 as
part of the report.
(b) After receiving the report, the Assembly Committee on
Agriculture and the Senate Committee on Agriculture may hold hearings
on the report.
(c) The report shall, among other things, focus on any specific
abuses of subdivisions (a) and (e) of Section 54431.
(d) Annual progress reports on the report shall be submitted by
the advisory committee to the secretary.
SEC. 54. Section 58591 of the Food and
Agricultural Code is repealed.
58591. On or before December 31 of every odd-numbered year, the
director shall report to the chairpersons of the policy committees
which have the appropriate subject matter jurisdiction in the
Assembly and the Senate, as determined by the respective rules
committees, on the status of this chapter. The report shall include
an assessment of the act's ability to create, maintain, or increase
exports of California agricultural commodities.
SEC. 55. Section 8164 of the Government
Code is repealed.
8164. Commencing January 1, 1979, the department shall report to
the Joint Legislative Budget Committee and each Member of the
Legislature annually. The report shall summarize all of the
following:
(a) Leases by the state to others for residential or commercial
purposes in the Capitol area.
(b) Sales or building construction initiated or completed by the
state in the metropolitan area expenditures under authority of
Section 8169.1, by type.
(c) Transactions and operations of joint powers agencies under
authority of Section 8169.4, since the last report.
(d) The department's appraisal of the degree to which projects
conform to the Capitol Area Plan.
SEC. 56. Section 8169.5 of the
Government Code is amended to read:
8169.5. (a) In furtherance of the Capitol Area Plan, the
objectives of Resolution Chapter 131 of the Statutes of 1991, and the
legislative findings and declarations contained in Chapter 193 of
the Statutes of 1996, relative to the findings by the Urban Land
Institute, the director may purchase, exchange, or otherwise acquire
real property and construct facilities, including any improvements,
betterments, and related facilities, within the jurisdiction of the
Capitol Area Plan in the City of Sacramento pursuant to this section.
The total authorized scope of the project shall consist of up to
approximately 1,470,200 gross square feet of office space and
approximately 742,625 gross square feet of parking structures for use
by the State Department of Education, the State Department of Health
Care Services, the State Department of Public Health, and the
Department of General Services as anchor tenants on blocks 171, 172,
173, 174, and 225, along with related additional parking on block
224, within the Capitol area. The acquisition and construction
authorized pursuant to this section may not cause the displacement of
any state or legislative employee parking spaces in the blocks
specified in this subdivision unless the Department of General
Services makes available existing state-owned parking spaces,
acquires parking spaces, or constructs replacement parking that
results in the affected employees' parking spaces being located at a
reasonable distance from their place of employment.
(b) Subject to paragraphs (2) and (3) of subdivision (c), the
department may contract for the lease, lease-purchase, lease with an
option to purchase, acquisition, design, design-build, construction,
construction management, and other services related to the design and
construction of the office and parking facilities authorized to be
acquired pursuant to subdivision (a).
(c) (1) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
Chapter 5 (commencing with Section 15830) of Part 10b of Division 3
to finance all costs associated with acquisition, design, and
construction of office and parking facilities for the purposes of
this section. The State Public Works Board and the department may
borrow funds for project costs from the Pooled Money Investment
Account pursuant to Sections 16312 and 16313. In the event the bonds
authorized by the project are not sold, the State Department of
Education, the State Department of Health Care Services, the State
Department of Public Health, and the Department of General Services,
as determined by the Department of Finance, shall commit a sufficient
amount of their support appropriations to repay any loans made for
the project from the Pooled Money Investment Account. It is the
intent of the Legislature that this commitment shall be included in
future Budget Acts until
all outstanding loans from the Pooled Money Investment Account are
repaid either through the proceeds from the sale of bonds or from an
appropriation.
(2) (A) If the department proposes to acquire the facilities on a
design-build basis, prior to the department entering into an
agreement pursuant to subdivision (b) to design and build the
facilities on blocks 171, 172, 173, 174, and 225, as specified in
subdivision (a), the department shall submit to the Legislature a
copy of all documents that shall be the basis upon which bids will be
solicited and awarded to design and build the facilities. The
documents shall include the following:
(i) The request for qualifications.
(ii) Site development guidelines.
(iii) Architectural and all system design requirements for the
facilities.
(iv) Notwithstanding any other provision of law, the recommended
specific criteria and process by which the contractor shall be
selected.
(v) The performance criteria and standards for the architecture
and all components and systems of the facilities.
(B) The information in the documents shall be provided in at least
as much detail as was prepared for the San Francisco Civic Center
Complex project and shall cover the quality of materials, equipment,
and workmanship to be used in the facilities. These documents shall
also include a detailed and specific space program for the facilities
that identifies the specific spatial needs of the state agencies.
(C) If the department proceeds to acquire the facilities on a
design-build basis, in addition to any other requirements imposed
pursuant to this section, notwithstanding Section 7550.5, the
department shall provide the Legislature, beginning on July 1, 1999,
and every three months thereafter until the facilities are completed,
with a status report that includes information regarding any
benefits that the state may have realized from use of the
design-build approach, any problems that have been encountered from
the use of a design-build approach, and lessons learned that may be
applied to a future project. The department shall issue a final
report when the facilities are completed.
(D)
(C) If the department proposes to contract for
construction separate from design, the department shall, prior to
commencing work on working drawings for the facilities on blocks 171,
172, 173, 174, and 225, submit to the Legislature a copy of the
preliminary plans for the facilities and a detailed and specific
space program for the facilities that identifies the specific spatial
needs of the state agencies.
(E) Regardless of how the department proposes to acquire the
facilities, the department also shall submit all of the following
information, which may be included in the bid documents:
(i) A final estimated cost for design, construction, and other
costs.
(ii) How the department would manage the contracts entered into
for this project to ensure compliance with contract requirements and
to ensure that the state receives the highest level of quality
workmanship and materials for the funds spent on the project.
(3) Except for the reports specified in subparagraph (C)
of paragraph (2), the The department shall
submit to the Legislature the information required to be submitted
pursuant to paragraphs (2) and (6) on or before December 1, 1998.
Except for those contracts and agreements necessary to prepare the
information required by paragraphs (2) and (6), the department shall
not solicit bids to enter into any agreement to design and build or
otherwise acquire the facilities or commence work on working drawings
on block 171, 172, 173, 174, or 225 sooner than the later of April
1, 1999, or 120 days after the department submits to the Legislature
the information required to be submitted pursuant to paragraphs (2)
and (6). The Legislative Analyst shall evaluate the information
submitted to the Legislature and shall prepare a report to the Joint
Committee on Rules within 60 days of receiving the documents
submitted to the Legislature. It is the intent of the Legislature
that the Joint Committee on Rules meet prior to the date the
department is authorized to solicit bids to design and build or
otherwise acquire the facilities or commence work on working drawings
for the purposes of discussing the report from the Legislative
Analyst and adopting a report with any recommendations to the
department on changes to the site design criteria, performance
criteria, and specifications and specific criteria for determining
the winning bidder. If the Joint Committee on Rules adopts a report
prior to the date the department is authorized to solicit bids to
design and build or otherwise acquire the facilities or commence work
on working drawings, the department may solicit the bids or commence
the work when the report is adopted by the Joint Committee on Rules.
The Senate Committee on Rules and the Speaker of the Assembly may
designate members of their respective houses to monitor the progress
of the preparation of the documents to be submitted pursuant to
paragraph (2). The department shall prepare periodic progress reports
and meet with the designated members or their representatives, as
necessary, while preparing the documents.
(4) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold may equal, but shall not exceed,
the cost of planning, preliminary plans, working drawings,
construction, construction management and supervision, other costs
relating to the design and construction of the facilities, and any
additional sums necessary to pay interim and permanent financing
costs. The additional amount may include interest and a reasonable
required reserve fund.
(5) Authorized costs of the facilities for preliminary plans,
working drawings, construction, and other costs shall not exceed
three hundred ninety-two million dollars ($392,000,000).
Notwithstanding Section 13332.11, the State Public Works Board may
authorize the augmentation of the amount authorized under this
paragraph by up to 10 percent of the amount authorized.
(6) The net present value of the cost to acquire and operate the
facilities authorized by subdivision (a) may not exceed the net
present value of the cost to lease and operate an equivalent amount
of comparable office space over the same time period. The department
shall perform this analysis and shall obtain interest rates, discount
rates, and Consumer Price Index figures from the Treasurer and
submit its analysis with the documents submitted pursuant to
paragraph (2) of subdivision (c). For purposes of this analysis, the
department shall compare the cost of acquiring and operating the
proposed facilities with the avoided cost of leasing and operating an
equivalent amount of comparable office space that will no longer
need to be leased because either (A) agencies will no longer occupy
currently leased facilities when they occupy the proposed facilities,
or (B) agencies will no longer occupy currently leased facilities
when they occupy state-owned space being vacated by state agencies
occupying the proposed facilities. The analysis shall also include
the cost of any unique improvement associated with the moving of an
agency into any state-owned space that would be vacated by agencies
moving into the proposed facilities. However, these costs shall not
include the cost of renovating or modernizing vacated state-owned
space that is necessary to accommodate state agencies in general
purpose office space. This paragraph shall not be construed as
authorizing any renovation of state-owned space.
(d) The director may execute and deliver a contract with the State
Public Works Board for the lease of the facilities described in this
section that are financed with the proceeds of the board's bonds,
notes, or bond anticipation notes issued in accordance with this
section.
SEC. 57. Section 8587.5 of the
Government Code is amended to read:
8587.5. (a) The Department of Transportation shall, in
cooperation with interested cities with Traffic Signal Override
Systems, apply to the United States Secretary of Transportation for
federal funding to conduct a research program in one or more cities
to test the effectiveness of the installation of signal emitters and
sensors in emergency response vehicles in reducing accidents and
injuries.
(b) The project shall study the reduction in accidents and
injuries involving emergency response vehicles in the program areas,
shall, if possible, assess any reduction in response times by
emergency response vehicles in the program areas, and may study other
valuable data as deemed appropriate.
(c) The application shall seek full federal funding for the
project, including the evaluation component. If the United States
Secretary of Transportation requires a nonfederal share of funding,
the participating local governments shall pay this share equally.
(d) The department shall apply for federal funding within six
months of the effective date of this section unless good cause exists
to apply later or not to apply.
(e) Within six months after the study has been completed, the
department shall submit a written report of its findings to the
Senate Committee on Budget and Fiscal Review, the Senate Committee on
Transportation, the Assembly Committee on Budget, and the Assembly
Committee on Transportation.
SEC. 58. Section 11535 of the
Government Code , as amended by Chapter 147 of the
Statutes of 2012, is repealed.
11535. (a) There is, in the Department of Technology, the
Technology Services Board.
(b) The board shall consist of 13 members, as follows:
(1) The Director of Technology, who shall serve as the chair of
the board.
(2) The Director of Finance, who shall serve as vice chair of the
board.
(3) The Controller.
(4) The Secretary of Food and Agriculture, the Secretary of
Transportation, the Secretary of the Department of Corrections and
Rehabilitation, the Secretary for Environmental Protection, the
Secretary of California Health and Human Services, the Secretary of
Labor and Workforce Development, the Secretary of the Natural
Resources Agency, the Secretary of Business, Consumer Services, and
Housing, and the Secretary of Veterans Affairs.
(5) The Director of Emergency Services.
SEC. 59. Article 3 (commencing with Section 11675)
of Chapter 6 of Part 1 of Division 3 of Title 2 of the
Government Code is repealed.
SEC. 60. Section 12805.4 of the
Government Code is repealed.
12805.4. (a) The Secretary of the Resources Agency shall convene
a committee to develop and submit to the Governor and the
Legislature, on or before December 31, 2008, a Strategic Vision for a
Sustainable Sacramento-San Joaquin Delta.
(b) The committee shall include all of the following:
(1) The Secretary of the Resources Agency.
(2) The Secretary of the Business, Transportation and Housing
Agency.
(3) The Secretary for Environmental Protection.
(4) The Secretary of Food and Agriculture.
(5) The President of the Public Utilities Commission.
(c) The strategic vision shall address all of the following:
(1) Sustainable ecosystem functions, including aquatic and
terrestrial flora and fauna.
(2) Sustainable land use and land use patterns.
(3) Sustainable transportation uses, including streets, roads and
highways, and waterborne transportation.
(4) Sustainable utility uses, including aqueducts, pipelines, and
power transmission corridors.
(5) Sustainable water supply uses.
(6) Sustainable recreation uses, including current and future
recreational and tourism uses.
(7) Sustainable flood management strategies.
(8) Other aspects of sustainability deemed desirable by the
committee.
(d) The committee shall seek input from elected officials,
governmental agencies, interested parties, educational institutions,
and affected local communities. The Governor or the committee may
appoint a "blue ribbon" or citizen commission, advisory committee,
task force, or any other group or groups that the Governor or the
committee deems necessary or desirable to assist in carrying out this
section.
(e) For the purposes of carrying out this section, the committee
may also seek input from other policy and resource leaders.
(f) All relevant state agencies, at the request of the committee,
shall make available staff and resources to assist in the preparation
of the strategic vision.
(g) (1) The committee, its members, and state agencies represented
on the committee may contract for consultants to assist in the
preparation of the strategic vision.
(2) Contracts entered into pursuant to paragraph (1) shall
terminate no later than December 31, 2008.
(3) Contracts entered into pursuant to paragraph (1) are exempt
from Part 2 (commencing with Section 10100) of Division 2 of the
Public Contract Code.
SEC. 61. Section 13103.5 of the
Government Code is amended to read:
13103.5. (a) The department
may perform audits, as it deems necessary, of the allocations or
expenditures made in accordance with Article XIX B of the California
Constitution.
(b) Any audit performed pursuant to this section shall be reported
to both houses of the Legislature.
SEC. 62. Section 14051 of the
Government Code is repealed.
14051. (a) At the commencement of each regular session of the
Legislature, the department shall submit to the Legislature a report
summarizing information required under, and programs authorized by,
Sections 118.6, 216, and 820 of, and Article 3.5 (commencing with
Section 156) of Chapter 1 of Division 1 of, the Streets and Highways
Code.
(b) Information on other program activities may be included in the
biennial report at the discretion of the department.
(c) The report required by this section shall also include all of
the following:
(1) An evaluation of significant air transportation issues
anticipated to be of public concern during the five-year period
commencing January 1 of the year preceding the date for submission of
the report and beyond.
(2) Recommended modifications to state and federal law, where
appropriate.
(3) An overview of necessary future investments in the development
and maintenance of the state's air transportation system.
(4) An analysis of the department's organizational and staff needs
relative to its air transportation responsibilities.
(5) A review of state aeronautics policy.
In preparing the portion of the report required by this
subdivision, the department shall fully consider and incorporate air
transportation needs as identified by local government and the
private sector, as well as the need to fully integrate air
transportation issues and concerns into the mission of the
department.
(d) The report required by this section shall also include all of
the following:
(1) The status of alternative technologies in transportation,
including, but not limited to, the efforts made in research
development. The alternative technologies reported on shall seek to
improve public safety, energy efficiency, and air quality.
(2) Alternatives to fossil fuels to power transportation devices,
including alternative methods of propulsion of motor vehicles.
SEC. 63. Section 14453 of the
Government Code is amended to read:
14453. The department's role in this program shall be limited to
research and development. The department shall consider the following
guidelines in evaluating and selecting a site for a research and
development center:
(a) Sources of funding for the center, with the stipulation that
the state's funding share does not exceed one-third of the total
costs of the center, with the remaining funds provided from local,
federal, and private sources. The department shall seek to maximize
private participation in the funding of a center, and state funds
shall be expended only for facilities to be used by the state to be
located on real property owned by the state, including acquisition of
real property to be owned by the state in fee simple or pursuant to
a lease-purchase contract.
(b) Accessibility to the center by rail or bus service operating
at frequency headways of not less than one-half hour during peak
commute hours.
(c) Other criteria to be used in the evaluation of a site for the
center, which shall include, but not be limited to, the following:
(1) The ability of the project to enhance environmental quality,
including the dedication of open space for preservation of open
space, wetlands, and other wildlife habitat.
(2) The ability of the project to rely on existing infrastructure,
including water and sewer hookups to existing systems and access by
existing roads and transit systems, or alternatively, an assurance by
the local jurisdiction or jurisdictions that an infrastructure
development plan has been adopted which provides for the timely
construction of necessary infrastructure and which is fully funded.
(3) The extent to which the project will result in the least cost
to public agencies, direct and indirect, including costs incurred by
state and local agencies other than the department.
(4) The extent to which the project provides a return on
investment of public funds to public agencies.
(d) Contracting for consultant services to assist it in selecting
a site for a center.
(e) Receiving and evaluating proposals for the center, to be
ranked in priority order consistent with this section.
(f) Not committing any state funds to the project other than for
the development of a request for proposals and the evaluation of
proposals received in response to the request, unless funds are
specifically appropriated as a separate item in the annual Budget Act
for the financing, planning, design, and construction of the center.
Prior to funds being included in the annual Budget Act for
the center, the department shall submit a report to the Legislature
which fully describes any proposal which incorporates all information
and activities required by this section.
(g) Construction of the center shall be subject to prevailing wage
laws and minority enterprise and women business enterprise
participation laws applicable to the department's highway
construction projects.
SEC. 64. Section 14556.36 of the
Government Code is repealed.
14556.36. The commission shall report annually, starting no later
than February 2001, to the Governor and the Legislature on progress
in implementation of the program. The report shall assess programwide
implementation progress, and identify project schedules and delays,
project failures, cost savings, and any opportunities for the
specification of additional or alternative projects for funding. The
commission report may also discuss any significant issues associated
with implementation of the program, and recommend changes that could
improve implementation.
SEC. 65. Section 14613.7 of the
Government Code is amended to read:
14613.7. (a) Each state
agency that is protected by the Department of the California Highway
Patrol, those state agencies currently being protected by contract
private security companies, or those state agencies currently under
contract with a local governmental law enforcement agency for general
law enforcement services, excluding all current mutual aid
agreements, shall, as soon as practical, report to the Department of
the California Highway Patrol all crimes and criminally caused
property damage on state-owned or state-leased property where state
employees are discharging their duties. This section shall not apply
to incidents that result in the filing of Incidence Memoranda issued
by the Parole Divisions of the Department of Corrections and the
Department of the Youth Authority.
(b) The Department of the California Highway Patrol shall compile
the information received pursuant to subdivision (a) and shall report
to the Legislature, as necessary, on the status of criminal activity
on state-owned and leased properties as specified in subdivision
(a).
SEC. 66. Section 14714 of the
Government Code is repealed.
14714. On or before two years after the effective date of the act
adding this section, and every two years thereafter, the Department
of General Services shall prepare and submit to the Legislature and
the Governor, a report of the energy savings, if any, in terms of
megawatts per year, for each public building retrofitted pursuant to
this article.
SEC. 67. Article 5 (commencing with Section 14760)
of Chapter 5 of Part 5.5 of Division 3 of
Title 2 of the Government Code is repealed.
SEC. 68. Section 15438.6 of the
Government Code is amended to read:
15438.6. (a) This section shall be known, and may be cited, as
the Cedillo-Alarcon Community Clinic Investment Act of 2000.
(b) The Legislature finds and declares all of the following:
(1) Primary care clinics require capital improvements in order to
continuously perform their vital role. Many primary care clinics are
currently at capacity and in order to increase access to their
services and allow them to expand to cover the growing need for
health care for the vulnerable populations in California, these
capital funds are necessary.
(2) Primary care clinics are the health care safety net for the
most vulnerable populations in California: uninsured, underinsured,
indigent, and those in shortage designation areas. Primary care
clinics provide health care regardless of the ability to pay for
services.
(3) Approximately 6.6 million Californians lack health insurance,
a number that increases by 50,000 per month.
(4) Primary care clinics have been historically and woefully
underfunded.
(5) Primary care clinics are the most cost-effective means of
serving California's vulnerable populations.
(6) The failure to adequately fund primary care clinics has
resulted in significant costs to the state in the form of unnecessary
emergency room visits. Also, the lack of preventive care results in
significant costs when patients become severely ill.
(c) The authority may award grants to any eligible clinic, as
defined in subdivision (a) of Section 1204 and subdivision (c) of
Section 1206 of the Health and Safety Code, for purposes of financing
capital outlay projects, as defined in subdivision (f) of Section
15432.
(d) The authority, in consultation with representatives of primary
care clinics and other appropriate parties, shall develop selection
criteria and a process for awarding grants under this section. The
authority may take into account at least the following factors when
selecting recipients and determining amount of grants:
(1) The percentage of total expenditures attributable to
uncompensated care provided by an applicant.
(2) The extent to which the grant will contribute toward expansion
of health care access by indigent, underserved, and uninsured
populations.
(3) The need for the grant based on an applicant's total net
assets, relative to net assets of other applicants. For purposes of
this section, "total net assets" means the amount of total assets
minus total liabilities, as disclosed in an audited financial
statement prepared according to United States Generally Accepted
Accounting Principles, and shall include unrestricted net assets,
temporarily restricted net assets, and permanently restricted net
assets.
(4) The geographic location of the applicant, in order to maximize
broad geographic distribution of funding.
(5) Demonstration by the applicant of project readiness and
feasibility to the authority's satisfaction.
(6) The total amount of funds appropriated and available for
purposes of this section.
(e) No grant to any clinic facility shall exceed two hundred fifty
thousand dollars ($250,000).
(f) In no event shall a grant to finance a project exceed the
total cost of the project, as determined by the clinic and approved
by the authority. Grants shall be awarded only to clinics that have
certified to the authority that all requirements established by the
authority for grantees have been met.
(g) All projects that are awarded grants shall be completed within
a reasonable period of time, to be determined by the authority. No
funds shall be released by the authority until the applicant
demonstrates project readiness to the authority's satisfaction. If
the authority determines that the clinic has failed to complete the
project under the terms specified in awarding the grant, the
authority may require remedies, including the return of all or a
portion of the grant. Certification of project completion shall be
submitted to the authority by any clinic receiving a grant under this
section.
(h) Any clinic receiving a grant under this section shall commit
to using the health facility for the purposes for which the grant was
awarded for the duration of the expected life of the project.
(i) Upon disbursement of all grant funds, the authority shall
report to the Joint Legislative Budget Committee on the recipients of
grants, the total amount of each grant, and the purpose for which
each grant was awarded.
(j)
(i) It is the intent of the Legislature that the
California Health Facilities Financing Authority be reimbursed for
the costs of the administration of the implementation of this section
from funds appropriated for the purposes of this section.
SEC. 69. Section 15813.6 of the
Government Code is repealed.
15813.6. In consultation with the State Architect, the council
shall prepare a report relative to the art in state buildings program
pursuant to this chapter, to be submitted to Members of the
Legislature as part of any report on the activities and programs of
the council.
SEC. 70. Section 16367.5 of the
Government Code is amended to read:
16367.5. The Department of Community Services and Development
shall receive and administer the federal Low-Income Home Energy
Assistance Program Block Grant, provided for pursuant to the
Low-Income Home Energy Assistance Act of 1981, as amended (42 U.S.C.
Sec. 8621 et seq.). The department shall afford local service
providers maximum flexibility and control, within the parameters of
federal and state law, in the planning, administration, and delivery
of Low-Income Home Energy Assistance Program Block Grant services.
Local service providers shall be defined as private, nonprofit, and
public agencies designated in accordance with Public Law 97-35, as
amended. The formation of service regions beyond those that were in
place in 1995, or those that were in place in Los Angeles County in
January 1997, shall occur only with the concurrence of service
providers within the proposed regions. The department shall allocate
funds received as follows:
(a) For federal fiscal year 1998, up to 7.3 percent of the state's
total federal allocation for the Low-Income Home Energy Assistance
Program shall be retained by the Department of Community Services and
Development for purposes of overall planning and administration. The
department shall spend at least 2.3 percent of this 7.3 percent on
activities to improve the administrative efficiency of the program.
At least 2.7 percent of the state's total federal allocation of the
Low-Income Home Energy Assistance Program shall be allocated to local
service providers for purposes of planning and administration.
For federal fiscal year 1999, up to 6 percent of the state's total
federal allocation of the Low-Income Home Energy Assistance Program
shall be retained by the Department of Community Services and
Development for purposes of overall planning and administration. The
department shall spend at least 1 percent of this 6 percent on
activities to improve the administrative efficiency of the program.
At least 4 percent of the state's total federal allocation for the
Low-Income Home Energy Assistance Program shall be allocated to local
service providers for purposes of planning and administration.
Beginning in federal fiscal year 2000, up to 5 percent of the
state's total federal allocation for the Low-Income Home Energy
Assistance Program shall be retained by the Department of Community
Services and Development for purposes of overall planning and
administration. At least 5 percent of the state's total federal
allocation for the Low-Income Home Energy Assistance Program shall be
allocated to local service providers for purposes of planning and
administration.
Upon achievement of administrative efficiencies, or no later than
June 30, 2001, the department and the local service providers
committee established pursuant to subdivision (j) shall examine the
appropriate split of administrative funding between the state and
local services providers necessary to achieve the intent of federal
law regarding the Low-Income Home Energy Assistance Program. The
department shall not retain more than 5 percent of the state's total
federal allocation for the Low-Income Home Energy Assistance Program.
(b) Services under this section shall be available to households
in which one or more individuals are receiving:
(1) Temporary Assistance for Needy Families under the state's plan
approved under Public Law 104-193, the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, and Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code.
(2) Supplemental Security Income payments under Title XVI of the
federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and Chapter
3 (commencing with Section 12000) of Part 3 of Division 9 of the
Welfare and Institutions Code.
(3) County general assistance under Part 5 (commencing with
Section 17000) of Division 9 of the Welfare and Institutions Code.
(4) CalFresh benefits received under the federal Supplemental
Nutrition Assistance Program of the federal Food and Nutrition Act of
2008 pursuant to Chapter 10 (commencing with Section 18900) of Part
6 of Division 9 of the Welfare and Institutions Code.
(5) Payments under Section 415, 521, 541, or 542 of Title 38 of
the United States Code, or under Section 306 of the Veterans' and
Survivors' Pension Improvement Act of 1978.
(6) Households with incomes that do not exceed the greater of:
(A) An amount equal to 150 percent of the poverty level for this
state.
(B) An amount equal to 60 percent of the state median income,
except that no household may be excluded from eligibility solely on
the basis of household income if that income is less than 110 percent
of the poverty level for this state, but priority may be given to
those households with the highest home energy costs or needs in
relation to household income.
(c) An amount of not less than 15 percent and up to the maximum
allowed by federal law of the total federal allocation shall be
allocated for weatherization services for eligible individuals. For
each program year, to the extent that the state is eligible, the
Department of Community Services and Development shall apply to the
appropriate federal agencies for any waivers that may be necessary to
ensure that the amount available for the purposes of this
subdivision will be the maximum amount allowable under federal law.
For the purposes of this subdivision, weatherization shall include
all energy conservation measures and energy efficient appliances that
are cost effective and improve energy efficiency. The department
shall allocate 5 percent of the weatherization program allocation to
local service providers for outreach and related activities.
(d) At the discretion of local service providers, the state shall
allocate the maximum amount allowable under federal law to local
service providers to provide services that encourage and enable
households to reduce their home energy needs, thus reducing the need
for energy assistance, including needs assessments, counseling, and
assistance with energy vendors, in accordance with Section 2605(b)
(16) of Public Law 97-35, as amended.
(e) Based on data from prior years, a reasonable amount of
available funds, as determined jointly by the department and the
local service providers, shall be reserved until March 15 of each
program year for the Energy Crisis Intervention Program. Local
service providers shall submit proposed funding levels with
supporting data to the department in a timely manner for inclusion in
the state plan. The department shall approve local funding requests
that are determined to be in compliance with federal law. These funds
shall only be used for emergency assistance to eligible individuals
for programs specified in this subdivision, who give evidence of one
or more of the following conditions:
(1) Proof of utility shutoff notice.
(2) Proof of energy termination.
(3) Insufficient funds to establish a new energy account.
(4) Insufficient funds to pay a delinquent utility bill.
(5) Insufficient funds to pay the cost of space heating devices
where no alternative source of space heating is reasonably available.
(6) Insufficient funds to pay for essential firewood, oil, or
propane.
(7) Insufficient funds to pay for the cost of emergency repairs to
heating and cooling units, the emergency replacement of heating and
cooling units, or both.
(8) Insufficient funds to pay energy costs for a household where a
household member's medical condition requires use of life support or
climate and temperature control systems.
(9) Other conditions that may be included in the state plan.
The energy crisis intervention program shall not include advocacy,
community mobilization, or community planning. After March 15 of
each program year, local administrative agencies shall have the
option of continuing to offer energy crisis intervention services or
of reallocating a portion of or all unspent energy crisis
intervention funds into direct assistance payment services.
The department shall allocate 5 percent of the energy crisis
intervention program allocation to the local service providers for
outreach and related services.
The Department of Community Services and Development shall retain
all funds associated with Energy Crisis Intervention Program payments
for gas and electric utility service, and shall make payments for
eligible households' gas or electric service accounts directly to the
utilities. The department may use alternative payment methods when
direct payments to the utilities have not been arranged.
(f) The remainder of the total federal allocation shall be
utilized for aid for home energy costs for direct assistance
payments. The department shall retain all funds associated with Home
Energy Assistance Program direct assistance payments for gas and
electric utility service, and shall make payments for eligible
households' gas or electric service accounts directly to the
utilities. The department may use alternative payment methods when
direct payments to the utilities have not been arranged.
(g) The Department of Community Services and Development shall
contract with local public or private nonprofit agencies, or both, to
provide outreach, intake, and other activities to enroll eligible
individuals in the program components prescribed by this section.
(h) The program components provided for in this section shall
include activities to enroll households that have the highest home
energy needs as determined by taking into account both the energy
burden of these households, and the unique situation of these
households that results from having members of vulnerable
populations, including very young children, individuals with
disabilities, and frail older individuals, as provided for by Section
2603(3) of Public Law 97-35, as amended, and to educate recipients
about general energy conservation practices and about the
availability of state and utility programs for free weatherization of
low-income homes.
(i) The department shall allocate 5 percent of the direct
assistance payment funds to the local service providers for outreach
and related services in operating the direct home energy assistance
payment program.
(j) The department shall establish a local service providers
committee to act in an advisory capacity in the development of the
annual Low-Income Home Energy Assistance Program state plan. The
membership of the committee shall include one voting representative
chosen by each local service provider that has a Low-Income Home
Energy Assistance Program contract with the state and one
representative of each interested utility company. Each local service
provider may, at its option, assign its vote in writing to another
entity, such as a provider association, to represent its interests.
(k) By June 30, 1998, the Department of Community Services and
Development shall submit a plan to the California Health and Human
Services Agency to reduce state administrative costs by January 1,
2000, to no more than 5 percent of the total federal allocation for
the Low-Income Home Energy Assistance Program. This plan shall be
developed in consultation with the local service providers committee
and shall include measurable objectives, milestones, and timelines.
It shall also include, among other strategies, a plan to automate
a substantial portion of the Low-Income Home Energy Assistance
Program by no later than January 1, 2001. The department shall
consult with the Department of Finance and the Health and Welfare
Data Center in developing this automation technology.
The Department of Community Services and Development shall provide
quarterly status updates to the California Health and Human Services
Agency and the local service providers committee established
pursuant to subdivision (j) on progress made in implementing the
plans and achieving the objectives and milestones specified in this
subdivision. On an annual basis, from the year 1999 to the year 2001,
the department shall appear before the Legislature and provide a
status report on its efforts to achieve increased administrative
efficiency.
SEC. 71. Section 16428.6 of the
Government Code is amended to read:
16428.6. (a) The Attorney
General shall promptly notify the Director of Finance, Senate
President pro Tempore, and the Speaker of the Assembly upon agreeing
on behalf of the state to an energy settlement agreement.
Notification shall include a description of how the terms of the
settlement agreement, as they pertain to the state, are consistent
with the purposes of this article.
(b) The Attorney General shall report semiannually to the
appropriate policy and fiscal committees of the Legislature and the
Director of Finance on energy settlement agreements, litigation and
investigation expenses, and funds expended pursuant to this article.
SEC. 72. Section 17562 of the Government
Code is amended to read:
17562. (a) The Legislature hereby finds and declares that the
increasing revenue constraints on state and local government and the
increasing costs of financing state-mandated local programs make
evaluation of state-mandated local programs imperative. Accordingly,
it is the intent of the Legislature to increase information regarding
state mandates and establish a method for regularly reviewing the
costs and benefits of state-mandated local programs.
(b) (1) The Controller shall submit a report to the Joint
Legislative Budget Committee and fiscal committees by October 31 of
each fiscal year beginning with the 2007-08 fiscal year. This report
shall summarize, by state mandate, the total amount of claims paid
per fiscal year and the amount, if any, of mandate deficiencies or
surpluses. This report shall be made available in an electronic
spreadsheet format.
(2) The Controller shall submit a report to the Joint Legislative
Budget Committee, the applicable fiscal committees, and the Director
of Finance by April 30 of each fiscal year. This report shall
summarize, by state mandate, the total amount of unpaid claims by
fiscal year that were submitted before April 1 of that fiscal year.
The report shall also summarize any mandate deficiencies or
surpluses. It shall be made available in an electronic spreadsheet,
and shall be used for the purpose of determining the state's payment
obligation under paragraph (1) of subdivision (b) of Section 6 of
Article XIII B of the California Constitution.
(c) After the commission submits its second semiannual report to
the Legislature pursuant to Section 17600, the Legislative Analyst
shall submit a report to the Joint Legislative Budget Committee and
legislative fiscal committees on the mandates included in the
commission's reports. The report shall make recommendations as to
whether the mandate should be repealed, funded, suspended, or
modified.
(d) In its annual analysis of the Budget Bill and based on
information provided pursuant to subdivision (b), the Legislative
Analyst shall report total annual state costs for mandated programs
and, as appropriate, provide an analysis of specific mandates and
make recommendations on whether the mandate should be repealed,
funded, suspended, or modified.
(e) (1) A statewide association of local agencies or school
districts or a Member of the Legislature may submit a proposal to the
Legislature recommending the elimination or modification of a
state-mandated local program. To make such a proposal, the
association or member shall submit a letter to the Chairs of the
Assembly Committee on Education or the Assembly Committee on Local
Government, as the case may be, and the Senate Committee on Education
or the Senate Committee on Local Government, as the case may be,
specifying the mandate and the concerns and recommendations regarding
the mandate. The association or member shall include in the proposal
all information relevant to the conclusions. If the chairs of the
committees desire additional analysis of the submitted proposal, the
chairs may refer the proposal to the Legislative Analyst for review
and comment. The chairs of the committees may refer up to a total of
10 of these proposals to the Legislative Analyst for review in any
year. Referrals shall be submitted to the Legislative Analyst by
December 1 of each year.
(2) The Legislative Analyst shall review and report to the
Legislature with regard to each proposal that is referred to the
office pursuant to paragraph (1). The Legislative Analyst shall
recommend that the Legislature adopt, reject, or modify the proposal.
The report and recommendations shall be submitted annually to the
Legislature by March 1 of the year subsequent to the year in which
referrals are submitted to the Legislative Analyst.
(3) The Department of Finance shall review all statutes enacted
each year that contain provisions making inoperative Section 17561 or
Section 17565 that have resulted in costs or revenue losses mandated
by the state that were not identified when the statute was enacted.
The review shall identify the costs or revenue losses involved in
complying with the statutes. The Department of Finance shall also
review all statutes enacted each year that may result in cost savings
authorized by the state. The Department of Finance shall submit an
annual report of the review required by this subdivision, together
with the recommendations as it may deem appropriate, by December 1 of
each year.
(f) It is the intent of the Legislature that the Assembly
Committee on Local Government and the Senate Committee on Local
Government hold a joint hearing each year regarding the following:
(1) The reports and recommendations submitted pursuant to
subdivision (e).
(2) The reports submitted pursuant to Sections 17570, 17600, and
17601.
(3) Legislation to continue, eliminate, or modify any provision of
law reviewed pursuant to this subdivision. The legislation may be by
subject area or by year or years of enactment.
SEC. 73. Section 19849.11 of the
Government Code is amended to read:
19849.11. The Department of Personnel Administration, subject to
such conditions as it may establish, subject to existing statutes
governing health benefits and group term life insurance offered
through the Public Employees' Retirement System, and subject to all
other applicable provisions of state law, may enter into contracts
for the purchase of employee benefits with respect to managerial and
confidential employees as defined by subdivisions (e) and (f) of
Section 3513, and employees excluded from the definition of state
employee in subdivision (c) of Section 3513, and officers or
employees of the executive branch of government who are not members
of the civil service, and supervisory employees as defined in
subdivision (g) of Section 3513. Benefits shall include, but not be
limited to, group life insurance, group disability insurance,
long-term disability insurance, group automobile liability and
physical damage insurance, and homeowners' and renters' insurance.
The department may self-insure the long-term disability insurance
program if it is cost-effective to do so.
If it is determined that a self-insured long-term disability
insurance program will be established, the department shall provide
its cost analysis to the Joint Legislative Budget Committee at least
30 days prior to initiating the establishment of the program.
SEC. 74. Section 20233 of the
Government Code is repealed.
20233. The board shall report to the Governor and the
Legislature, not later than December 1 of each year, on the extent to
which the purpose of Section 21310 is being achieved under the
provisions of this article and Article 2 (commencing with Section
20120) and the amount of supplementary increases in retirement
allowances required to meet the objective of preserving the
purchasing power of benefits provided by this system. The board shall
also determine and report on the increase in the state contribution
rate required to provide the supplementary increases for state
members, other than school members.
SEC. 75. Section 20238 of the
Government Code is repealed.
20238. In addition to any other reports that it may be required
to make by law, the board shall annually file a separate report to
the Legislature and each appointing power and other appointing
authority on the number of new state retirees, by individual state
employer, that are processed in the immediately preceding fiscal year
to the service, disability, and industrial disability retirement
rolls and on the incurred cost of this system for state members for
the immediately preceding three fiscal years.
As used in this section, "incurred cost" means all paid and
expected future cost of an industrial disability retirement. There
shall be deducted from the gross incurred cost the amount of service
time accrued by an employee.
SEC. 76. Section 22959.6 of the
Government Code is amended to read:
22959.6. (a) The Department of Personnel Administration may
contract with one or more vision care plans for annuitants and
eligible family members, provided the carrier or carriers have
operated successfully in the area of vision care benefits for a
reasonable period, as determined by the Department of Personnel
Administration.
(b) The Department of Personnel Administration, as the program
administrator, has full administrative authority over this program
and associated funds and shall require the monthly premium to be paid
by the annuitant for the vision care plan. The premium to be paid by
the annuitant shall be deducted from his or her monthly allowance.
If there are insufficient funds in an annuitant's allowance to pay
the premium, the plan provider shall directly bill the annuitant. A
vision care plan or plans provided under this authority shall be
funded by the annuitants' premium. All premiums received from
annuitants shall be deposited in the Vision Care Program for State
Annuitants Fund, which is hereby created in the State Treasury. Any
income earned on the moneys in the Vision Care Program for State
Annuitants Fund shall be credited to the fund. Notwithstanding
Section 13340, moneys in the fund are continuously appropriated for
the purposes specified in subdivision (d).
(c) An annuitant may enroll in a vision care plan provided by a
carrier that also provides a health benefit plan pursuant to Section
22850 if the employee or annuitant is also enrolled in the health
benefit plan provided by that carrier. However, nothing in this
section may be construed to require an annuitant to enroll in a
vision care plan and a health benefit plan provided by the same
carrier. An annuitant enrolled in this program shall only enroll into
a vision plan or vision plans contracted for by the Department of
Personnel Administration.
(d) No contract for a vision care plan may be entered into unless
the Department of Personnel Administration determines it is
reasonable to do so. Notwithstanding any other provision of law, any
premium moneys paid into this program by annuitants for the purposes
of the annuitant vision care plan that is contracted for shall be
used for the cost of providing vision care benefits to eligible,
enrolled annuitants and their eligible and enrolled dependents, the
payment of claims for those vision benefits, and the cost of
administration of the vision care plan or plans under this vision
care program, those costs being determined by the Department of
Personnel Administration.
(e) If the Director of the Department of Personnel Administration
determines that it is not economically feasible to continue this
program anytime after its commencement, the director may, upon
written notice to enrollees and to the contracting plan or plans,
terminate this program within a reasonable time. The notice of
termination to the plan or plans shall be determined by the
Department of Personnel Administration. The notice to enrollees of
the termination of the program shall commence no later than three
months prior to the actual date of termination of the program.
(f) Premium rates for this program shall be determined by the
Department of Personnel Administration in conjunction with the
contracted plan or plans and shall be considered separate and apart
from active employee premium rates.
(g) The director shall report to the Legislature, prior to the end
of the second quarter of the third plan year, on the continued
economic sustainability of the Vision Care Program for State
Annuitants.
SEC. 77. Section 30061 of the
Government Code is amended to read:
30061. (a) There shall be established in each county treasury a
Supplemental Law Enforcement Services Account (SLESA), to receive all
amounts allocated to a county for purposes of implementing this
chapter.
(b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the county auditor
shall allocate the moneys in the county's SLESA within 30 days of the
deposit of those moneys into the fund. The moneys shall be allocated
as follows:
(1) Five and fifteen-hundredths percent to the county sheriff for
county jail construction and operation. In the case of Madera, Napa,
and Santa Clara Counties, this allocation shall be made to the county
director or chief of corrections.
(2) Five and fifteen-hundredths percent to the district attorney
for criminal prosecution.
(3) Thirty-nine and seven-tenths percent to the county and the
cities within the county, and, in the case of San Mateo, Kern,
Siskiyou, and Contra Costa
Counties, also to the Broadmoor Police Protection District, the Bear
Valley Community Services District, the Stallion Springs Community
Services District, the Lake Shastina Community Services District, and
the Kensington Police Protection and Community Services District, in
accordance with the relative population of the cities within the
county and the unincorporated area of the county, and the Broadmoor
Police Protection District in the County of San Mateo, the Bear
Valley Community Services District and the Stallion Springs Community
Services District in Kern County, the Lake Shastina Community
Services District in Siskiyou County, and the Kensington Police
Protection and Community Services District in Contra Costa County, as
specified in the most recent January estimate by the population
research unit of the Department of Finance, and as adjusted to
provide, except as provided in subdivision (j), a grant of at least
one hundred thousand dollars ($100,000) to each law enforcement
jurisdiction. For a newly incorporated city whose population estimate
is not published by the Department of Finance, but that was
incorporated prior to July 1 of the fiscal year in which an
allocation from the SLESA is to be made, the city manager, or an
appointee of the legislative body, if a city manager is not
available, and the county administrative or executive officer shall
prepare a joint notification to the Department of Finance and the
county auditor with a population estimate reduction of the
unincorporated area of the county equal to the population of the
newly incorporated city by July 15, or within 15 days after the
Budget Act is enacted, of the fiscal year in which an allocation from
the SLESA is to be made. No person residing within the Broadmoor
Police Protection District, the Bear Valley Community Services
District, the Stallion Springs Community Services District, the Lake
Shastina Community Services District, or the Kensington Police
Protection and Community Services District shall also be counted as
residing within the unincorporated area of the County of San Mateo,
Kern, Siskiyou, or Contra Costa, or within any city located within
those counties. Except as provided in subdivision (j), the county
auditor shall allocate a grant of at least one hundred thousand
dollars ($100,000) to each law enforcement jurisdiction. Moneys
allocated to the county pursuant to this subdivision shall be
retained in the county SLESA, and moneys allocated to a city pursuant
to this subdivision shall be deposited in an SLESA established in
the city treasury.
(4) Fifty percent to the county or city and county to implement a
comprehensive multiagency juvenile justice plan as provided in this
paragraph. The juvenile justice plan shall be developed by the local
juvenile justice coordinating council in each county and city and
county with the membership described in Section 749.22 of the Welfare
and Institutions Code. If a plan has been previously approved by the
Corrections Standards Authority or, commencing July 1, 2012, by the
Board of State and Community Corrections, the plan shall be reviewed
and modified annually by the council. The plan or modified plan shall
be approved by the county board of supervisors, and in the case of a
city and county, the plan shall also be approved by the mayor. The
plan or modified plan shall be submitted to the Board of State and
Community Corrections by May 1 of each year.
(A) Juvenile justice plans shall include, but not be limited to,
all of the following components:
(i) An assessment of existing law enforcement, probation,
education, mental health, health, social services, drug and alcohol,
and youth services resources that specifically target at-risk
juveniles, juvenile offenders, and their families.
(ii) An identification and prioritization of the neighborhoods,
schools, and other areas in the community that face a significant
public safety risk from juvenile crime, such as gang activity,
daylight burglary, late-night robbery, vandalism, truancy, controlled
substances sales, firearm-related violence, and juvenile substance
abuse and alcohol use.
(iii) A local juvenile justice action strategy that provides for a
continuum of responses to juvenile crime and delinquency and
demonstrates a collaborative and integrated approach for implementing
a system of swift, certain, and graduated responses for at-risk
youth and juvenile offenders.
(iv) Programs identified in clause (iii) that are proposed to be
funded pursuant to this subparagraph, including the projected amount
of funding for each program.
(B) Programs proposed to be funded shall satisfy all of the
following requirements:
(i) Be based on programs and approaches that have been
demonstrated to be effective in reducing delinquency and addressing
juvenile crime for any elements of response to juvenile crime and
delinquency, including prevention, intervention, suppression, and
incapacitation.
(ii) Collaborate and integrate services of all the resources set
forth in clause (i) of subparagraph (A), to the extent appropriate.
(iii) Employ information sharing systems to ensure that county
actions are fully coordinated, and designed to provide data for
measuring the success of juvenile justice programs and strategies.
(iv) Adopt goals related to the outcome measures that shall be
used to determine the effectiveness of the local juvenile justice
action strategy.
(C) The plan shall also identify the specific objectives of the
programs proposed for funding and specified outcome measures to
determine the effectiveness of the programs and contain an accounting
for all program participants, including those who do not complete
the programs. Outcome measures of the programs proposed to be funded
shall include, but not be limited to, all of the following:
(i) The rate of juvenile arrests per 100,000 population.
(ii) The rate of successful completion of probation.
(iii) The rate of successful completion of restitution and
court-ordered community service responsibilities.
(iv) Arrest, incarceration, and probation violation rates of
program participants.
(v) Quantification of the annual per capita costs of the program.
(D) The Board of State and Community Corrections shall review
plans or modified plans submitted pursuant to this paragraph within
30 days upon receipt of submitted or resubmitted plans or modified
plans. The board shall approve only those plans or modified plans
that fulfill the requirements of this paragraph, and shall advise a
submitting county or city and county immediately upon the approval of
its plan or modified plan. The board shall offer, and provide, if
requested, technical assistance to any county or city and county that
submits a plan or modified plan not in compliance with the
requirements of this paragraph. The SLESA shall only allocate funding
pursuant to this paragraph upon notification from the board that a
plan or modified plan has been approved.
(E) To assess the effectiveness of programs funded pursuant to
this paragraph using the program outcome criteria specified in
subparagraph (C), the following periodic reports shall be submitted:
(i) Each county or city and county shall report, beginning October
15, 2002, and annually each October 15 thereafter, to the county
board of supervisors and the Board of State and Community
Corrections, in a format specified by the board, on the programs
funded pursuant to this chapter and program outcomes as specified in
subparagraph (C).
(ii) The Board of State and Community Corrections shall compile
the local reports and, by March 15, 2003, and annually thereafter,
make a report to the Governor and the Legislature on program
expenditures within each county and city and county from the
appropriation for the purposes of this paragraph, on the outcomes as
specified in subparagraph (C) of the programs funded pursuant to this
paragraph and the statewide effectiveness of the comprehensive
multiagency juvenile justice plans.
(c) Subject to subdivision (d), for each fiscal year in which the
county, each city, the Broadmoor Police Protection District, the Bear
Valley Community Services District, the Stallion Springs Community
Services District, the Lake Shastina Community Services District, and
the Kensington Police Protection and Community Services District
receive moneys pursuant to paragraph (3) of subdivision (b), the
county, each city, and each district specified in this subdivision
shall appropriate those moneys in accordance with the following
procedures:
(1) In the case of the county, the county board of supervisors
shall appropriate existing and anticipated moneys exclusively to
provide frontline law enforcement services, other than those services
specified in paragraphs (1) and (2) of subdivision (b), in the
unincorporated areas of the county, in response to written requests
submitted to the board by the county sheriff and the district
attorney. Any request submitted pursuant to this paragraph shall
specify the frontline law enforcement needs of the requesting entity,
and those personnel, equipment, and programs that are necessary to
meet those needs.
(2) In the case of a city, the city council shall appropriate
existing and anticipated moneys exclusively to fund frontline
municipal police services, in accordance with written requests
submitted by the chief of police of that city or the chief
administrator of the law enforcement agency that provides police
services for that city.
(3) In the case of the Broadmoor Police Protection District within
the County of San Mateo, the Bear Valley Community Services District
or the Stallion Springs Community Services District within Kern
County, the Lake Shastina Community Services District within Siskiyou
County, or the Kensington Police Protection and Community Services
District within Contra Costa County, the legislative body of that
special district shall appropriate existing and anticipated moneys
exclusively to fund frontline municipal police services, in
accordance with written requests submitted by the chief administrator
of the law enforcement agency that provides police services for that
special district.
(d) For each fiscal year in which the county, a city, or the
Broadmoor Police Protection District within the County of San Mateo,
the Bear Valley Community Services District or the Stallion Springs
Community Services District within Kern County, the Lake Shastina
Community Services District within Siskiyou County, or the Kensington
Police Protection and Community Services District within Contra
Costa County receives any moneys pursuant to this chapter, in no
event shall the governing body of any of those recipient agencies
subsequently alter any previous, valid appropriation by that body,
for that same fiscal year, of moneys allocated to the county or city
pursuant to paragraph (3) of subdivision (b).
(e) For the 2011-12 fiscal year, the Controller shall allocate
23.54 percent of the amount deposited in the Local Law Enforcement
Services Account in the Local Revenue Fund 2011 for the purposes of
paragraphs (1), (2), and (3) of subdivision (b), and shall allocate
23.54 percent for purposes of paragraph (4) of subdivision (b).
(f) Commencing with the 2012-13 fiscal year, the Controller shall
allocate 21.86 percent of the amount deposited in the Enhancing Law
Enforcement Activities Subaccount in the Local Revenue Fund 2011 for
the purposes of paragraphs (1) to (3), inclusive, of subdivision (b),
and shall allocate 21.86 percent for purposes of paragraph (4) of
subdivision (b).
(g) The Controller shall allocate funds to local jurisdictions for
public safety in accordance with this section as annually calculated
by the Director of Finance.
(h) Funds received pursuant to subdivision (b) shall be expended
or encumbered in accordance with this chapter no later than June 30
of the following fiscal year. A local agency that has not met the
requirement of this subdivision shall remit unspent SLESA moneys
received after April 1, 2009, to the Controller for deposit in the
Local Safety and Protection Account, after April 1, 2012, to the
Local Law Enforcement Services Account, and after July 1, 2012, to
the County Enhancing Law Enforcement Activities Subaccount.
(i) In the 2010-11 fiscal year, if the fourth quarter revenue
derived from fees imposed by subdivision (a) of Section 10752.2 of
the Revenue and Taxation Code that are deposited in the General Fund
and transferred to the Local Safety and Protection Account, and
continuously appropriated to the Controller for allocation pursuant
to this section, are insufficient to provide a minimum grant of one
hundred thousand dollars ($100,000) to each law enforcement
jurisdiction, the county auditor shall allocate the revenue
proportionately, based on the allocation schedule in paragraph (3) of
subdivision (b). The county auditor shall proportionately allocate,
based on the allocation schedule in paragraph (3) of subdivision (b),
all revenues received after the distribution of the fourth quarter
allocation attributable to these fees for which payment was due prior
to July 1, 2011, until all minimum allocations are fulfilled, at
which point all remaining revenue shall be distributed
proportionately among the other jurisdictions.
SEC. 78. Section 64000 of the
Government Code is amended to read:
64000. (a) The California Transportation Commission may allocate
available federal and state transportation funds to the Department of
Transportation, consistent with all applicable state and federal
laws governing the use of those funds, to implement the purposes of,
and to operate and manage, the Transportation Finance Bank as
provided in accordance with the provisions of Section 350 of Public
Law 104-59 and Section 1511 of Public Law 105-178 using only funds
made available to the department through the annual budget act.
(b) The department shall act as a lender in administering the
Transportation Finance Bank and in entering into enforceable
commitments to implement, operate, and manage the program created by
this section to achieve the purposes of the Transportation Finance
Bank.
(c) The department shall develop, and may amend as necessary, the
guidelines and loan documents for the program, which shall be
presented to the commission for adoption.
(d) An allocation of funds by the commission to meet capital and
interest obligations created by the Transportation Finance Bank as
those obligations become due shall be construed as an expenditure of
those funds in the county or counties where the project is located.
In the event of default on the loan, an amount equivalent to the
remaining loan balance plus all accrued interest and penalties shall
be deducted from the STIP county share of the affected county or
counties pursuant to Sections 14524 and 14525 and an amount
equivalent to the remaining loan balance plus all accrued interest
and penalties shall be transferred from the State Highway Account to
the Transportation Finance Bank. Interest shall continue to accrue up
to the date that the fund transfer is actually made.
(e) An eligible entity requesting loan funds under this section
shall first receive approval of the project from the applicable
regional transportation planning agency or county transportation
commission where the project is located prior to the execution of a
loan agreement with the department and the receipt of any funding.
(f) Only projects that have a dedicated revenue source and are
eligible for assistance under Section 1511 of Public Law 105-178 are
entitled to funding under this section.
(g) The Local Transportation Loan Account is hereby created in the
State Highway Account in the State Transportation Fund for the
management of funds for loans to local entities pursuant to this
section. All funds for transportation loans in the Federal Trust Fund
are hereby transferred to the Local Transportation Loan Account. The
department shall deposit in the Local Transportation Loan Account
all money received by the department from repayments of and interest
and penalties on existing and future transportation loans from the
Transportation Finance Bank. Interest on money in the Local
Transportation Loan Account shall be credited to that account as it
accrues.
(h) Notwithstanding Section 13340, the money in the Local
Transportation Loan Account is continuously appropriated to the
department without regard to fiscal years for purposes of loans to
eligible projects as defined by Section 1511 of Public Law 105-178.
(i) On or before March 1 of each year in which the loan program
authorized by this section is effective, the department shall report,
to the fiscal committees and the policy committees of the
Legislature that consider transportation issues, on its activities in
administering that program. The report shall include, but not be
limited to, the total amount of loans issued by the department
pursuant to this section, a description of the projects funded by
those loans, the identification of all recipients of those loans, and
any loans that the department intends to make in the subsequent
fiscal year pursuant to this section.
SEC. 79. Section 63.6 of the Harbors
and Navigation Code is repealed.
63.6. (a) (1) On or before January 15 of each odd-numbered year,
the director shall make a report to the commission, the Legislature,
and the Governor covering the operations of the department for the
preceding biennium.
(2) With respect to Article 5 (commencing with Section 76), the
report shall include all of the following:
(A) The total amount of loans made in each of the two fiscal years
immediately preceding the preparation and submission of the report.
(B) For each recipient of a loan during each of the two fiscal
years immediately preceding the preparation and submission of the
report, the recipient's name, the location of the marina for which
the loan was made, and the amount of the loan.
(C) The financial status of each loan.
(D) Any legislative recommendations.
(3) The report shall also include the status of the department's
activities related to the monitoring of rates pursuant to Section
71.4 and subdivision (d) of Section 76.7.
(4) The report shall also include an evaluation of the public
participation in the personal watercraft education course developed
by the department pursuant to subdivision (b) of Section 668.3 and a
determination of the effect of the course on personal watercraft
safety in California.
(b) The department shall also make any special reports that are
requested by the Secretary of Resources or the Governor.
SEC. 80. Section 1159.5 of the Harbors
and Navigation Code is repealed.
1159.5. The Business, Transportation and Housing Agency shall
provide comments and recommendations, if any, to the board and the
Legislature based on the final audits of the Bureau of State Audits
completed pursuant to Section 1159.4 no later than six months from
the date that the agency receives the final audit.
SEC. 81. Section 1342.7 of the Health
and Safety Code is amended to read:
1342.7. (a) The Legislature finds that in enacting Sections
1367.215, 1367.25, 1367.45, 1367.51, and 1374.72, it did not intend
to limit the department's authority to regulate the provision of
medically necessary prescription drug benefits by a health care
service plan to the extent that the plan provides coverage for those
benefits.
(b) (1) Nothing in this chapter shall preclude a plan from filing
relevant information with the department pursuant to Section 1352 to
seek the approval of a copayment, deductible, limitation, or
exclusion to a plan's prescription drug benefits. If the department
approves an exclusion to a plan's prescription drug benefits, the
exclusion shall not be subject to review through the independent
medical review process pursuant to Section 1374.30 on the grounds of
medical necessity. The department shall retain its role in assessing
whether issues are related to coverage or medical necessity pursuant
to paragraph (2) of subdivision (d) of Section 1374.30.
(2) A plan seeking approval of a copayment or deductible may file
an amendment pursuant to Section 1352.1. A plan seeking approval of a
limitation or exclusion shall file a material modification pursuant
to subdivision (b) of Section 1352.
(c) Nothing in this chapter shall prohibit a plan from charging a
subscriber or enrollee a copayment or deductible for a prescription
drug benefit or from setting forth by contract, a limitation or an
exclusion from, coverage of prescription drug benefits, if the
copayment, deductible, limitation, or exclusion is reported to, and
found unobjectionable by, the director and disclosed to the
subscriber or enrollee pursuant to the provisions of Section 1363.
(d) The department in developing standards for the approval of a
copayment, deductible, limitation, or exclusion to a plan's
prescription drug benefits, shall consider alternative benefit
designs, including, but not limited to, the following:
(1) Different out-of-pocket costs for consumers, including
copayments and deductibles.
(2) Different limitations, including caps on benefits.
(3) Use of exclusions from coverage of prescription drugs to treat
various conditions, including the effect of the exclusions on the
plan's ability to provide basic health care services, the amount of
subscriber or enrollee premiums, and the amount of out-of-pocket
costs for an enrollee.
(4) Different packages negotiated between purchasers and plans.
(5) Different tiered pharmacy benefits, including the use of
generic prescription drugs.
(6) Current and past practices.
(e) The department shall develop a regulation outlining the
standards to be used in reviewing a plan's request for approval of
its proposed copayment, deductible, limitation, or exclusion on its
prescription drug benefits.
(f) Nothing in subdivision (b) or (c) shall permit a plan to limit
prescription drug benefits provided in a manner that is inconsistent
with Sections 1367.215, 1367.25, 1367.45, 1367.51, and 1374.72.
(g) Nothing in this section shall be construed to require or
authorize a plan that contracts with the State Department of Health
Services to provide services to Medi-Cal beneficiaries or with the
Managed Risk Medical Insurance Board to provide services to enrollees
of the Healthy Families Program to provide coverage for prescription
drugs that are not required pursuant to those programs or contracts,
or to limit or exclude any prescription drugs that are required by
those programs or contracts.
(h) Nothing in this section shall be construed as prohibiting or
otherwise affecting a plan contract that does not cover outpatient
prescription drugs except for coverage for limited classes of
prescription drugs because they are integral to treatments covered as
basic health care services, including, but not limited to,
immunosuppressives, in order to allow for transplants of bodily
organs.
(i) (1) The department shall
periodically review its regulations developed pursuant to this
section.
(2) On or before July 1, 2004, and annually thereafter, the
department shall report to the Legislature on the ongoing
implementation of this section.
(j) This section shall become operative on January 2, 2003, and
shall only apply to contracts issued, amended, or renewed on or after
that date.
SEC. 82. Section 1357.16 of the Health
and Safety Code is amended to read:
1357.16. (a) Health care service plans may enter into
contractual agreements with qualified associations, as defined in
subdivision (b), under which these qualified associations may assume
responsibility for performing specific administrative services, as
defined in this section, for qualified association members. Health
care service plans that enter into agreements with qualified
associations for assumption of administrative services shall
establish uniform definitions for the administrative services that
may be provided by a qualified association or its third-party
administrator. The health care service plan shall permit all
qualified associations to assume one or more of these functions when
the health care service plan determines the qualified association
demonstrates the administrative capacity to assume these functions.
For the purposes of this section, administrative services provided
by qualified associations or their third-party administrators shall
be services pertaining to eligibility determination, enrollment,
premium collection, sales, or claims administration on a per-claim
basis that would otherwise be provided directly by the health care
service plan or through a third-party administrator on a commission
basis or an agent or solicitor workforce on a commission basis.
Each health care service plan that enters into an agreement with
any qualified association for the provision of administrative
services shall offer all qualified associations with which it
contracts the same premium discounts for performing those services
the health care service plan has permitted the qualified association
or its third-party administrator to assume. The health care service
plan shall apply these uniform discounts to the health care service
plan's risk adjusted employee risk rates after the health plan has
determined the qualified association's risk adjusted employee risk
rates pursuant to Section 1357.12. The health care service plan shall
report to the Department of Managed Health Care its schedule of
discount for each administrative service.
In no instance may a health care service plan provide discounts to
qualified associations that are in any way intended to, or
materially result in, a reduction in premium charges to the qualified
association due to the health status of the membership of the
qualified association. In addition to any other remedies available to
the director to enforce this chapter, the director may declare a
contract between a health care service plan and a qualified
association for administrative services pursuant to this section null
and void if the
director determines any discounts provided to the qualified
association are intended to, or materially result in, a reduction in
premium charges to the qualified association due to the health status
of the membership of the qualified association.
(b) For the purposes of this section, a qualified association is
a nonprofit corporation comprised of a group of individuals or
employers who associate based solely on participation in a specified
profession or industry, that conforms to all of the following
requirements:
(1) It accepts for membership any individual or small employer
meeting its membership criteria.
(2) It does not condition membership directly or indirectly on
the health or claims history of any person.
(3) It uses membership dues solely for and in consideration of
the membership and membership benefits, except that the amount of the
dues shall not depend on whether the member applies for or purchases
insurance offered by the association.
(4) It is organized and maintained in good faith for purposes
unrelated to insurance.
(5) It existed on January 1, 1972, and has been in continuous
existence since that date.
(6) It has a constitution and bylaws or other analogous governing
documents that provide for election of the governing board of the
association by its members.
(7) It offered, marketed, or sold health coverage to its members
for 20 continuous years prior to January 1, 1993.
(8) It agrees to offer only to association members any plan
contract.
(9) It agrees to include any member choosing to enroll in the
plan contract offered by the association, provided that the member
agrees to make required premium payments.
(10) It complies with all provisions of this article.
(11) It had at least 10,000 enrollees covered by association
sponsored plans immediately prior to enactment of Chapter 1128 of the
Statutes of 1992.
(12) It applies any administrative cost at an equal rate to all
members purchasing coverage through the qualified association.
(c) A qualified association shall comply with Section 1357.52.
(d) The department shall monitor compliance with this section and
report the impact of any noncompliance to the Assembly Insurance
Committee and the Senate Insurance Committee on January 1, 2002.
SEC. 83. Section 1626 of the Health and
Safety Code is amended to read:
1626. (a) Except as provided in subdivisions (b) and (c), it
shall be unlawful, in any transfusion of blood, to use any blood that
was obtained from a paid donor.
(b) Subdivision (a) shall not be applicable to any transfusion of
blood that was obtained from a paid donor if the physician and
surgeon performing the transfusion has determined, taking into
consideration the condition of the patient who is the recipient of
the transfusion, that other blood of a type compatible with the blood
type of the patient cannot reasonably be obtained for the
transfusion.
(c) Subdivision (a) shall not apply to blood platelets secured
from paid donors through the hemapheresis process if all of the
following requirements are satisfied:
(1) The blood platelets are ordered by a doctor holding a valid
California physician's and surgeon's certificate.
(2) The blood platelets are secured from a single donor and are
sufficient to constitute a complete platelet transfusion.
(3) The donor's identification number is recorded on the platelet
label and is kept in the records of the entity providing the blood
platelets for a minimum of five years.
(4) The donor has been examined by a doctor holding a valid
California physician's and surgeon's certificate, and a repeat donor
is reexamined at least annually.
(5) The transfusion is performed in a general acute care
hospital.
(6) The blood platelets are processed according to standards
issued by the American Association of Blood Banks, pursuant to
Section 1602.1.
(7) The donor and blood are tested in accordance with regulations
issued by the State Department of Health Services.
(8) The entity providing the blood platelets is licensed by the
State Department of Health Services.
(9) The information that the donor of the blood platelets was
compensated is printed on the label in accordance with Section
1603.5.
(10) In all instances, a potential donor shall provide a blood
sample, which shall be tested with the standard panel of blood tests
required by the State Department of Health Services for all blood
donations. The results of the testing shall be obtained, evaluated,
and determined to be acceptable prior to allowing the potential donor
to provide his or her first donation of platelets. In addition, all
donors shall be required to schedule an appointment for platelet
donation.
(11) Any entity that is not collecting blood platelets from paid
donors on August 1, 2000, shall obtain written permission from the
director prior to compensating any donor for blood platelets.
(d) Subdivision (c) shall become inoperative on January 1, 2003.
(e) (1) Commencing in January 1996, and every year thereafter
through the 2002 calendar year, those blood banks acquiring blood
platelets from paid donors shall report all of the following
information to the State Department of Health Services:
(A) The specific actions undertaken to obtain blood platelets
from volunteer donors.
(B) The percentage of compensated and volunteer donors from whom
blood platelets were obtained during the period covered by the
report.
(C) The number of repeat donors making platelet donations during
the period covered by the report.
(2) The department shall transmit the information received
pursuant to this subdivision to the Senate Health and Human Services
Committee and the Assembly Health Committee for review by those
committees consistent with subdivision (a). The department shall
monitor and assess the supply and distribution of hemapheresis
products, and shall recommend to the Legislature any action the
department believes beneficial to the supply, safety, and quality of
blood products used in this state.
(3) Paragraph (1) of this subdivision is not intended to require
the disclosure and reporting of information that would put the blood
banks at a competitive disadvantage in attracting volunteer donors.
SEC. 84. Section 24275 of the Health
and Safety Code is amended to read:
24275. (a) The State Department of Health Services, in
conjunction with the study required pursuant to Chapter 116 of the
Statutes of 1986, shall report to the Legislature by January 1, 1987,
and periodically thereafter, on the most effective air monitoring
standard for the airborne concentration of asbestos in any public
school building that is both economically and technologically
feasible. If the department State
Department of Health Services believes that the air monitoring
standard for asbestos in public school buildings as specified in
Section 49410.7 of the Education Code should be revised, it shall
promulgate a regulation to that effect.
(b) The department shall provide the Office of Public School
Construction with appropriate sampling methodology for use in taking
air samples in public school buildings.
SEC. 85. Section 25150.7 of the Health
and Safety Code is amended to read:
25150.7. (a) The Legislature finds and declares that this section
is intended to address the unique circumstances associated with the
generation and management of treated wood waste. The Legislature
further declares that this section does not set a precedent
applicable to the management, including disposal, of other hazardous
wastes.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Treated wood" means wood that has been treated with a
chemical preservative for purposes of protecting the wood against
attacks from insects, microorganisms, fungi, and other environmental
conditions that can lead to decay of the wood and the chemical
preservative is registered pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
(2) "Wood preserving industry" means business concerns, other than
retailers, that manufacture or sell treated wood products in the
state.
(c) This section applies only to treated wood waste that is a
hazardous waste, solely due to the presence of a preservative in the
wood, and to which both of the following requirements apply:
(1) The treated wood waste is not subject to regulation as a
hazardous waste under the federal act.
(2) Section 25143.1.5 does not apply to the treated wood waste.
(d) (1) Notwithstanding Sections 25189.5 and 25201, treated wood
waste shall be disposed of in either a class I hazardous waste
landfill, or in a composite-lined portion of a solid waste landfill
unit that meets all requirements applicable to disposal of municipal
solid waste in California after October 9, 1993, and that is
regulated by waste discharge requirements issued pursuant to Division
7 (commencing with Section 13000) of the Water Code for discharges
of designated waste, as defined in Section 13173 of the Water Code,
or treated wood waste.
(2) A solid waste landfill that accepts treated wood waste shall
comply with all of the following requirements:
(A) Manage the treated wood waste so as to prevent scavenging.
(B) Ensure that any management of the treated wood waste at the
solid waste landfill prior to disposal, or in lieu of disposal,
complies with the applicable requirements of this chapter, except as
otherwise provided by regulations adopted pursuant to subdivision
(f).
(C) If monitoring at the composite-lined portion of a landfill
unit at which treated wood waste has been disposed of indicates a
verified release, then treated wood waste shall no longer be
discharged to that landfill unit until corrective action results in
cessation of the release.
(e) (1) Each wholesaler and retailer of treated wood and treated
wood-like products in this state shall conspicuously post information
at or near the point of display or customer selection of treated
wood and treated wood-like products used for fencing, decking,
retaining walls, landscaping, outdoor structures, and similar uses.
The information shall be provided to wholesalers and retailers by the
wood preserving industry in 22-point font, or larger, and contain
the following message:
Warning--Potential Danger
These products are treated with wood preservatives registered with
the United States Environmental Protection Agency and the California
Department of Pesticide Regulation and should only be used in
compliance with the product labels.
This wood may contain chemicals classified by the State of
California as hazardous and should be handled and disposed of with
care. Check product label for specific preservative information and
Proposition 65 warnings concerning presence of chemicals known to the
State of California to cause cancer or birth defects.
Anyone working with treated wood, and anyone removing old treated
wood, needs to take precautions to minimize exposure to themselves,
children, pets, or wildlife, including:
? Avoid contact with skin. Wear gloves and long sleeved shirts when
working with treated wood. Wash exposed areas thoroughly with mild
soap and water after working with treated wood.
? Wear a dust mask when machining any wood to reduce the inhalation
of wood dusts. Avoid frequent or prolonged inhalation of sawdust
from treated wood. Machining operations should be performed outdoors
whenever possible to avoid indoor accumulations of airborne sawdust.
? Wear appropriate eye protection to reduce the potential for eye
injury from wood particles and flying debris during machining.
? If preservative or sawdust accumulates on clothes, launder before
reuse. Wash work clothes separately from other household clothing.
? Promptly clean up and remove all sawdust and scraps and dispose
of appropriately.
? Do not use treated wood under circumstances where the
preservative may become a component of food or animal feed.
? Only use treated wood that's visibly clean and free from surface
residue for patios, decks, or walkways.
? Do not use treated wood where it may come in direct or indirect
contact with public drinking water, except for uses involving
incidental contact such as docks and bridges.
? Do not use treated wood for mulch.
? Do not burn treated wood. Preserved wood should not be burned in
open fires, stoves, or fireplaces.
For further information, go to the Internet Web site for the
Western Wood Preservers Institute (http://www.wwpinstitute.org) or
call the toll-free telephone number of the California Treated Wood
Information Hotline at 1-866-696-8315.
In addition to the above listed precautions, treated wood waste
shall be managed in compliance with applicable hazardous waste
control laws.
(2) On or before July 1, 2005, the wood preserving industry shall,
jointly and in consultation with the department, make information
available to generators of treated wood waste, including fencing,
decking and landscape contractors, solid waste landfills, and
transporters, that describes how to best handle, dispose of, and
otherwise manage treated wood waste, through the use either of a
toll-free telephone number, Internet Web site, information labeled on
the treated wood, information accompanying the sale of the treated
wood, or by mailing if the department determines that mailing is
feasible and other methods of communication would not be as
effective. A treated wood manufacturer or supplier to a wholesaler or
retailer shall also provide the information with each shipment of
treated wood products to a wholesaler or retailer, and the wood
preserving industry shall provide it to fencing, decking, and
landscaping contractors, by mail, using the Contractors' State
License Board's available listings, and license application packages.
The department may provide guidance to the wood preserving industry,
to the extent resources permit.
(f) (1) On or before January 1, 2007, the department, in
consultation with the Department of Resources Recycling and Recovery,
the State Water Resources Control Board, and the Office of
Environmental Health Hazard Assessment, and after consideration of
any known health hazards associated with treated wood waste, shall
adopt and may subsequently revise as necessary, regulations
establishing management standards for treated wood waste as an
alternative to the requirements specified in this chapter and the
regulations adopted pursuant to this chapter.
(2) The regulations adopted pursuant to this subdivision shall, at
a minimum, ensure all of the following:
(A) Treated wood waste is properly stored, treated, transported,
tracked, disposed of, and otherwise managed so as to prevent, to the
extent practical, releases of hazardous constituents to the
environment, prevent scavenging, and prevent harmful exposure of
people, including workers and children, aquatic life, and animals to
hazardous chemical constituents of the treated wood waste.
(B) Treated wood waste is not reused, with or without treatment,
except for a purpose that is consistent with the approved use of the
preservative with which the wood has been treated. For purposes of
this subparagraph, "approved uses" means a use approved at the time
the treated wood waste is reused.
(C) Treated wood waste is managed in accordance with all
applicable laws.
(D) Any size reduction of treated wood waste is conducted in a
manner that prevents the uncontrolled release of hazardous
constituents to the environment, and that conforms to applicable
worker health and safety requirements.
(E) All sawdust and other particles generated during size
reduction are captured and managed as treated wood waste.
(F) All employees involved in the acceptance, storage, transport,
and other management of treated wood waste are trained in the safe
and legal management of treated wood waste, including, but not
limited to, procedures for identifying and segregating treated wood
waste.
(3) This subdivision does not authorize the department to adopt a
regulation that does one or more of the following:
(A) Imposes a requirement as an addition to, rather than as an
alternative to, one or more of the requirements of this chapter.
(B) Supersedes subdivision (d) concerning the disposal of treated
wood waste.
(C) Supersedes any other provision of this chapter that provides a
conditional or unconditional exclusion, exemption, or exception to a
requirement of this chapter or the regulations adopted pursuant to
this chapter, except the department may adopt a regulation pursuant
to this subdivision that provides an alternative condition for a
requirement specified in this chapter for an exclusion, exemption, or
exception and that allows an affected person to choose between
complying with the requirements specified in this chapter or
complying with the alternative conditions set forth in the
regulation.
(g) (1) A person managing treated wood waste who is subject to a
requirement of this chapter, including a regulation adopted pursuant
to this chapter, shall comply with either the alternative standard
specified in the regulations adopted pursuant to subdivision (f) or
with the requirements of this chapter.
(2) A person who is in compliance with the alternative standard
specified in the regulations adopted pursuant to subdivision (f) is
deemed to be in compliance with the requirement of this chapter for
which the regulation is identified as being an alternative, and the
department and any other entity authorized to enforce this chapter
shall consider that person to be in compliance with that requirement
of this chapter.
(h) On January 1, 2005, all variances granted by the department
before January 1, 2005, governing the management of treated wood
waste are inoperative and have no further effect.
(i) This section does not limit the authority or responsibility of
the department to adopt regulations under any other law.
(j) On or before June 1, 2011, the department shall prepare and
post on its Internet Web site a report that makes a determination
regarding the successful compliance with, and implementation of, this
section.
(k)
(j) This section shall become inoperative on June 1,
2017, and, as of January 1, 2018, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2018,
deletes or extends the dates on which it becomes inoperative and is
repealed.
(l)
(k) A regulation adopted pursuant to this section on or
before June 1, 2012, shall continue in force and effect after that
date, until repealed or revised by the department.
SEC. 86. Section 25174 of the Health
and Safety Code is amended to read:
25174. (a) There is in the General Fund the Hazardous Waste
Control Account, which shall be administered by the director. In
addition to any other money that may be deposited in the Hazardous
Waste Control Account, pursuant to statute, all of the following
amounts shall be deposited in the account:
(1) The fees collected pursuant to Sections 25174.1, 25205.2,
25205.5, 25205.15, and 25205.16.
(2) The fees collected pursuant to Section 25187.2, to the extent
that those fees are for the oversight of corrective action taken
under this chapter.
(3) Any interest earned upon the money deposited in the Hazardous
Waste Control Account.
(4) Any money received from the federal government pursuant to the
federal act.
(5) Any reimbursements for funds expended from the Hazardous Waste
Control Account for services provided by the department pursuant to
this chapter, including, but not limited to, the reimbursements
required pursuant to Sections 25201.9 and 25205.7.
(b) The funds deposited in the Hazardous Waste Control Account may
be appropriated by the Legislature, for expenditure as follows:
(1) To the department for the administration and implementation of
this chapter.
(2) To the department for allocation to the State Board of
Equalization to pay refunds of fees collected pursuant to Sections
43051 and 43053 of the Revenue and Taxation Code and for the
administration and collection of the fees imposed pursuant to Article
9.1 (commencing with Section 25205.1) that are deposited into the
Hazardous Waste Control Account.
(3) To the department for the costs of performance or review of
analyses of past, present, or potential environmental public health
effects related to toxic substances, including extremely hazardous
waste, as defined in Section 25115, and hazardous waste, as defined
in Section 25117.
(4) (A) To the department
for allocation to the office of the Attorney General for the support
of the Toxic Substance Enforcement Program in the office of the
Attorney General, in carrying out the purposes of this chapter.
(B) On or before October 1 of each year, the Attorney General
shall report to the Legislature on the expenditure of any funds
allocated to the office of the Attorney General for the preceding
fiscal year pursuant to this paragraph and paragraph (14) of
subdivision (b) of Section 25173.6. The report shall include all of
the following:
(i) A description of cases resolved by the office of the Attorney
General through settlement or court order, including the monetary
benefit to the department and the state.
(ii) A description of injunctions or other court orders benefiting
the people of the state.
(iii) A description of any cases in which the Attorney General's
Toxic Substance Enforcement Program is representing the department or
the state against claims by defendants or responsible parties.
(iv) A description of other pending litigation handled by the
Attorney General's Toxic Substance Enforcement Program.
(C) Nothing in subparagraph (C) shall require the Attorney General
to report on any confidential or investigatory matter.
(5) To the department for administration and implementation of
Chapter 6.11 (commencing with Section 25404).
(c) (1) Expenditures from the Hazardous Waste Control Account for
support of state agencies other than the department shall, upon
appropriation by the Legislature to the department, be subject to an
interagency agreement or similar mechanism between the department and
the state agency receiving the support.
(2) The department shall, at the time of the release of the annual
Governor's Budget, describe the budgetary amounts proposed to be
allocated to the State Board of Equalization, as specified in
paragraph (2) of subdivision (b) and in paragraph (3) of subdivision
(b) of Section 25173.6, for the upcoming fiscal year.
(3) It is the intent of the Legislature that moneys appropriated
in the annual Budget Act each year for the purpose of reimbursing the
State Board of Equalization, a private party, or other public
agency, for the administration and collection of the fees imposed
pursuant to Article 9.1 (commencing with Section 25205.1) and
deposited in the Hazardous Waste Control Account, shall not exceed
the costs incurred by the State Board of Equalization, the private
party, or other public agency, for the administration and collection
of those fees.
(d) With respect to expenditures for the purposes of paragraphs
(1) and (3) of subdivision (b) and paragraphs (1) and (2) of
subdivision (b) of Section 25173.6, the department shall, at the time
of the release of the annual Governor's Budget, also make available
the budgetary amounts and allocations of staff resources of the
department proposed for the following activities:
(1) The department shall identify, by permit type, the projected
allocations of budgets and staff resources for hazardous waste
facilities permits, including standardized permits, closure plans,
and postclosure permits.
(2) The department shall identify, with regard to surveillance and
enforcement activities, the projected allocations of budgets and
staff resources for the following types of regulated facilities and
activities:
(A) Hazardous waste facilities operating under a permit or grant
of interim status issued by the department, and generator activities
conducted at those facilities. This information shall be reported by
permit type.
(B) Transporters.
(C) Response to complaints.
(3) The department shall identify the projected allocations of
budgets and staff resources for both of the following activities:
(A) The registration of hazardous waste transporters.
(B) The operation and maintenance of the hazardous waste manifest
system.
(4) The department shall identify, with regard to site mitigation
and corrective action, the projected allocations of budgets and staff
resources for the oversight and implementation of the following
activities:
(A) Investigations and removal and remedial actions at military
bases.
(B) Voluntary investigations and removal and remedial actions.
(C) State match and operation and maintenance costs, by site, at
joint state and federally funded National Priority List Sites.
(D) Investigation, removal and remedial actions, and operation and
maintenance at the Stringfellow Hazardous Waste Site.
(E) Investigation, removal and remedial actions, and operation and
maintenance at the Casmalia Hazardous Waste Site.
(F) Investigations and removal and remedial actions at
nonmilitary, responsible party lead National Priority List Sites.
(G) Preremedial activities under the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Sec. 9601 et seq.).
(H) Investigations, removal and remedial actions, and operation
and maintenance at state-only orphan sites.
(I) Investigations and removal and remedial actions at
nonmilitary, non-National Priority List responsible party lead sites.
(J) Investigations, removal and remedial actions, and operation
and maintenance at Expedited Remedial Action Program sites pursuant
to former Chapter 6.85 (commencing with Section 25396).
(K) Corrective actions at hazardous waste facilities.
(5) The department shall identify, with regard to the
regulation of hazardous waste, the projected allocation of budgets
and staff resources for the following activities:
(A) Determinations pertaining to the classification of hazardous
wastes.
(B) Determinations for variances made pursuant to Section 25143.
(C) Other determinations and responses to public inquiries made by
the department regarding the regulation of hazardous waste and
hazardous substances.
(6) The department shall identify projected allocations of budgets
and staff resources needed to do all of the following:
(A) Identify, remove, store, and dispose of, suspected hazardous
substances or hazardous materials associated with the investigation
of clandestine drug laboratories.
(B) Respond to emergencies pursuant to Section 25354.
(C) Create, support, maintain, and implement the railroad accident
prevention and immediate deployment plan developed pursuant to
Section 7718 of the Public Utilities Code.
(7) The department shall identify projected allocations of budgets
and staff resources for the administration and implementation of the
unified hazardous waste and hazardous materials regulatory program
established pursuant to Chapter 6.11 (commencing with Section 25404).
(8) The department shall identify the total cumulative
expenditures of the Regulatory Structure Update and Site Mitigation
Update projects since their inception, and shall identify the total
projected allocations of budgets and staff resources that are needed
to continue these projects.
(9) The department shall identify the total projected allocations
of budgets and staff resources that are necessary for all other
activities proposed to be conducted by the department.
(e) Notwithstanding this chapter, or Part 22 (commencing with
Section 43001) of Division 2 of the Revenue and Taxation Code, for
any fees, surcharges, fines, penalties, and funds that are required
to be deposited into the Hazardous Waste Control Account or the Toxic
Substances Control Account, the department, with the approval of the
Secretary for Environmental Protection, may take any of the
following actions:
(1) Assume responsibility for, or enter into a contract with a
private party or with another public agency, other than the State
Board of Equalization, for the collection of any fees, surcharges,
fines, penalties and funds described in subdivision (a) or otherwise
described in this chapter or Chapter 6.8 (commencing with Section
25300), for deposit into the Hazardous Waste Control Account or the
Toxic Substances Control Account.
(2) Administer, or by mutual agreement, contract with a private
party or another public agency, for the making of those
determinations and the performance of functions that would otherwise
be the responsibility of the State Board of Equalization pursuant to
this chapter, Chapter 6.8 (commencing with Section 25300), or Part 22
(commencing with Section 43001) of Division 2 of the Revenue and
Taxation Code, if those activities and functions for which the State
Board of Equalization would otherwise be responsible become the
responsibility of the department or, by mutual agreement, the
contractor selected by the department.
(f) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall be responsible for ensuring that persons who are
subject to the fees specified in subdivision (e) have equivalent
rights to public notice and comment, and procedural and substantive
rights of appeal, as afforded by the procedures of the State Board of
Equalization pursuant to Part 22 (commencing with Section 43001) of
Division 2 of the Revenue and Taxation Code. Final responsibility for
the administrative adjustment of fee rates and the administrative
appeal of any fees or penalty assessments made pursuant to this
section may only be assigned by the department to a public agency.
(g) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall have equivalent authority to make collections
and enforce judgments as provided to the State Board of Equalization
pursuant to Part 22 (commencing with Section 43001) of Division 2 of
the Revenue and Taxation Code. Unpaid amounts, including penalties
and interest, shall be a perfected and enforceable state tax lien in
accordance with Section 43413 of the Revenue and Taxation Code.
(h) The department, with the concurrence of the Secretary for
Environmental Protection, shall determine which administrative
functions should be retained by the State Board of Equalization,
administered by the department, or assigned to another public agency
or private party pursuant to subdivisions (e), (f), and (g).
(i) The department may adopt regulations to implement subdivisions
(e) to (h), inclusive.
(j) The Director of Finance, upon request of the director, may
make a loan from the General Fund to the Hazardous Waste Control
Account to meet cash needs. The loan shall be subject to the
repayment provisions of Section 16351 of the Government Code and the
interest provisions of Section 16314 of the Government Code.
(k) The department shall establish, within the Hazardous Waste
Control Account, a reserve of at least one million dollars
($1,000,000) each year to ensure that all programs funded by the
Hazardous Waste Control Account will not be adversely affected by any
revenue shortfalls.
SEC. 87. Section 25244.11 of the Health
and Safety Code is repealed.
25244.11. The department shall, report to the Governor and the
Legislature, including the Chairpersons of the Senate Committee on
Appropriations, Assembly Committee on Ways and Means, Joint
Legislative Budget Committee, and Assembly Committee on Economic
Development and New Technologies, on the status, funding, and results
of all demonstration and research projects awarded grants during a
year when grant funds are made available.
This report shall include recommendations for legislation and
shall identify those state and federal economic and financial
incentives which can best accelerate and maximize the research,
development, and demonstration of hazardous waste reduction,
recycling, and treatment technologies.
SEC. 88. Section 25299.50 of the Health
and Safety Code is amended to read:
25299.50. (a) The Underground Storage Tank Cleanup Fund is hereby
created in the State Treasury. The money in the fund may be expended
by the board, upon appropriation by the Legislature, for purposes of
this chapter. From time to time, the board may modify existing
accounts or create accounts in the fund or other funds administered
by the board, which the board determines are appropriate or necessary
for proper administration of this chapter.
(b) Except for funds transferred to the Drinking Water Treatment
and Research Fund created pursuant to subdivision (c) of Section
116367, all of the following amounts shall be deposited in the fund:
(1) Money appropriated by the Legislature for deposit in the fund.
(2) The fees, interest, and penalties collected pursuant to
Article 5 (commencing with Section 25299.40).
(3) Notwithstanding Section 16475 of the Government Code, any
interest earned upon the money deposited in the fund.
(4) Any money recovered by the fund pursuant to Section 25299.70.
(5) Any civil penalties collected by the board or regional board
pursuant to Section 25299.76.
(c) (1) Notwithstanding
subdivision (a), any funds appropriated by the Legislature in the
annual Budget Act for payment of a claim for the costs of a
corrective action in response to an unauthorized release, that are
encumbered for expenditure for a corrective action pursuant to a
letter of credit issued by the board pursuant to subdivision (e) of
Section 25299.57, but are subsequently not expended for that
corrective action claim, may be reallocated by the board for payment
of other claims for corrective action pursuant to Section 25299.57.
(2) Notwithstanding Section 7550.5 of the Government Code, the
board shall report at least once every three months on the
implementation of this subdivision to the Senate Committee on Budget
and Fiscal Review, the Senate Committee on Environmental Quality, the
Assembly Committee on Budget, and the Assembly Committee on
Environmental Safety and Toxic Materials, or to any successor
committee, and to the Director of Finance.
SEC. 89. Section 25299.112 of the Health
and Safety Code is repealed.
25299.112. On or before January 1 of each year, the board shall
submit a report to the Legislature concerning the performance of the
grant and loan program established by this chapter, including the
number and size of grants and loans made, characteristics of grant
and loan recipients, the number of underground storage tanks removed
and upgraded as a result of the grant and loan program, and the
amount of money spent on administering the program. Copies of the
report shall be submitted to the appropriate fiscal and policy
committees of the Legislature and, upon request, to individual
Members of the Legislature.
SEC. 90. Section 43105.5 of the Health
and Safety Code is amended to read:
43105.5. (a) For all 1994 and later model-year motor vehicles
equipped with on board diagnostic systems (OBD's) and certified in
accordance with the test procedures adopted pursuant to Section
43104, the state board, not later than January 1, 2002, shall adopt
regulations that require a motor vehicle manufacturer to do all of
the following to the extent not limited or prohibited by federal law
(the regulations adopted by the state board pursuant to this
provision may include subject matter similar to the subject matter
included in regulations adopted by the United States Environmental
Protection Agency):
(1) Make available, within a reasonable period of time, and by
reasonable business means, including, but not limited to, use of the
Internet, as determined by the state board, to all covered persons,
the full contents of all manuals, technical service bulletins, and
training materials regarding emissions-related motor vehicle
information that is made available to their franchised dealerships.
(2) Make available for sale to all covered persons the
manufacturer's emissions-related enhanced diagnostic tools, and make
emissions-related enhanced data stream information and bidirectional
controls related to tools available in electronic format to equipment
and tool companies.
(3) If the motor vehicle manufacturer uses reprogrammable
computer chips in its motor vehicles, provide equipment and tool
companies with the information that is provided by the manufacturer
to its dealerships to allow those companies to incorporate into
aftermarket tools the same reprogramming capability.
(4) Make available to all covered persons, within a reasonable
period of time, a general description of their on board diagnostic
systems (OBD II) for the 1996 and subsequent model-years, which shall
contain the information described in this paragraph. For each
monitoring system utilized by a manufacturer that illuminates the OBD
II malfunction indicator light, the motor vehicle manufacturer shall
provide all of the following:
(A) A general description of the operation of the monitor,
including a description of the parameter that is being monitored.
(B) A listing of all typical OBD II diagnostic trouble codes
associated with each monitor.
(C) A description of the typical enabling conditions for each
monitor to execute during vehicle operation, including, but not
limited to, minimum and maximum intake air and engine coolant
temperature, vehicle speed range, and time after engine startup.
(D) A listing of each monitor sequence, execution frequency, and
typical duration.
(E) A listing of typical malfunction thresholds for each monitor.
(F) For OBD II parameters for specific vehicles that deviate from
the typical parameters, the OBD II description shall indicate the
deviation and provide a separate listing of the typical value for
those vehicles.
(G) The information required by this paragraph shall not include
specific algorithms, specific software code, or specific calibration
data beyond that required to be made available through the generic
scan tool in federal and California on board diagnostic regulations.
(5) Not utilize any access or recognition code or any type of
encryption for the purpose of preventing a vehicle owner from using
an emissions-related motor vehicle part with the exception of the
powertrain control modules, engine control modules, and transmission
control modules, that has not been manufactured by that manufacturer
or any of its original equipment suppliers.
(6) Provide to all covered persons information regarding
initialization procedures relating to immobilizer circuits or other
lockout devices to reinitialize vehicle on board computers that
employ integral vehicle security systems if necessary to repair or
replace an emissions-related part, or if necessary for the proper
installation of vehicle on board computers that employ integral
vehicle security systems.
(7) All information required to be provided to covered persons by
this section shall be provided, for fair, reasonable, and
nondiscriminatory compensation, in a format that is readily
accessible to all covered persons, as determined by the state board.
(b) Any information required to be disclosed pursuant to a final
regulation adopted under this section that the motor vehicle
manufacturer demonstrates to a court, on a case-by-case basis, to be
a trade secret pursuant to the Uniform Trade Secret Act contained in
Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the
Civil Code, shall be exempt from disclosure, unless the court, upon
the request of a covered person seeking disclosure of the
information, determines that the disclosure of the information is
necessary to mitigate anticompetitive effects. In making this
determination, the court shall consider, among other things, the
practices of any motor vehicle manufacturer that results in the
fullest disclosure of information listed in paragraph (4) of
subdivision (a). In actions subject to this subdivision, the court
shall preserve the secrecy of an alleged trade secret by reasonable
means, which may include granting a protective order in connection
with discovery proceedings, holding an in-camera hearing, sealing the
record of the action, or ordering any person involved in the
litigation not to disclose an alleged trade secret without prior
court approval.
(c) If information is required to be disclosed by a motor vehicle
manufacturer pursuant to subdivision (b), the court shall allow for
the imposition of reasonable business conditions as a condition of
disclosure, and may include punitive sanctions for the improper
release of information that is determined to be a trade secret to a
competitor of the manufacturer. The court shall also provide for
fair, reasonable, and nondiscrimatory compensation to the motor
vehicle manufacturer for the disclosure of information determined by
the court to be a trade secret and required to be disclosed pursuant
to subdivision (b). The court shall provide for the dissemination of
trade secret information required to be disclosed pursuant to
subdivision (b) through licensing agreements and the collection of
reasonable licensing fees. If the court determines that disclosure of
any of the information required to be disclosed under subdivision
(b) constitutes a taking of personal property, a jury trial shall be
held to determine the amount of compensation for that taking, unless
waived by the motor vehicle manufacturer.
(d) The state board shall periodically conduct surveys to
determine whether the information requirements imposed by this
section are being fulfilled by actual field availability of the
information.
(e) If the executive officer of the state board obtains credible
evidence that a motor vehicle manufacturer has failed to comply with
any of the requirements of this section or the regulations adopted by
the state board, the executive officer shall issue a notice to
comply to the manufacturer. Not later than 30 days after issuance of
the notice to comply, the vehicle manufacturer shall submit to the
executive officer a compliance plan, unless within that 30-day period
the manufacturer requests an administrative hearing to contest the
basis or scope of the notice to comply in accordance with subdivision
(f). The executive officer shall accept the compliance plan if it
provides adequate demonstration that the manufacturer will come into
compliance with this section and the board's implementing regulations
within 45 days following submission of the plan. However, the
executive officer may extend the compliance period if the executive
officer determines that the violation cannot be remedied within that
period.
(f) If the motor vehicle manufacturer contests a notice to comply
pursuant to subdivision (e) or the executive officer rejects the
compliance plan submitted by the manufacturer, an administrative
hearing shall be conducted by a hearing officer appointed by the
state board, in accordance with procedures established by the state
board. The hearing procedures shall provide the manufacturer and any
other interested party at least 30 days notice of the hearing. If,
after the hearing, the hearing officer appointed by the state board
finds that the motor vehicle manufacturer has failed to comply with
any of the requirements of this section or the regulations adopted by
the state board, and the manufacturer fails to correct the violation
with 30 days from the date of the finding, the hearing officer may
impose a civil penalty upon the manufacturer in an amount not to
exceed twenty-five thousand dollars ($25,000) per day per violation
until the violation is corrected, as determined in accordance with
the hearing procedures established by the state board. The hearing
procedures may provide additional time for compliance prior to
imposing a civil penalty. If so, the hearing officer may grant
additional time for compliance if he or she determines that the
violation cannot be remedied within 30 days of the finding that a
violation has occurred.
(g) The state board, in consultation with the Department of
Consumer Affairs, shall, through the year 2009, report annually to
the Legislature on the extent to which the implementation of this act
enacted during the 2000 portion of the 1999-2000 Regular Session is
effective in furthering the intent and policy of this act.
(h)
(g) Nothing in this section is intended to authorize
the infringement of intellectual property rights embodied in United
States patents, trademarks, or copyrights, to the extent those rights
may be exercised consistently with any other federal laws.
SEC. 91. Section 44003 of the Health
and Safety Code is amended to read:
44003. (a) (1) An enhanced motor vehicle inspection and
maintenance program is established in each urbanized area of the
state, any part of which is classified by the Environmental
Protection Agency as a serious, severe, or extreme nonattainment area
for ozone or a moderate or serious nonattainment area for carbon
monoxide with a design value greater than 12.7 ppm, and in other
areas of the state as provided in this chapter.
(2) The enhanced motor vehicle inspection and maintenance program
established pursuant to paragraph (1) shall be assessed jointly by
the department and the state board periodically to determine whether
changes in the program may be warranted. On or before January 1,
2003, the department and the state board shall jointly issue a report
to the Legislature based on those periodic assessments, recommending
any modifications to the enhanced program to improve its operations
and lessen its impact on consumers while still achieving the
necessary emission reductions to attain air quality standards. The
report shall include a review of any program proposed pursuant to
Section 15 of Chapter 803 of the Statutes of 1997.
(3)
(2) A basic vehicle inspection and maintenance program
shall be continued in all other areas of the state where a program
was in existence under this chapter as of the effective date of this
paragraph.
(b) The department may prescribe different test procedures and
equipment requirements for those areas described in subdivision (a).
Program components shall be operated in all program areas unless
otherwise indicated, as determined by the department. In those areas
where the biennial program is not implemented and smog check
inspections are required to complete the requirements set forth in
Sections 4000.1 and 4000.2 of the Vehicle Code, program elements that
apply in basic areas, including test equipment requirements for smog
check stations, shall apply.
(c) (1) Districts classified as attainment areas may request the
department to implement all or part of the program elements defined
in this chapter. However, the department shall not implement the
program established by Section 44010.5 in any area other than an
urbanized area, any part of which is classified by the Environmental
Protection Agency as a serious, severe, or extreme nonattainment area
for ozone or a moderate or serious nonattainment area for carbon
monoxide with a design value greater than 12.7 ppm.
(2) Districts that include areas classified as basic program
nonattainment areas pursuant to subdivision (a) may, except as
provided in paragraph (1), request the implementation in those areas
of test procedures and equipment required for enhanced program areas
and any other program requirement specified for enhanced program
areas.
SEC. 92. Section 44014.6 of the Health
and Safety Code is amended to read:
44014.6. (a) The inspection-based performance standards created
for the certification program established pursuant to subdivision (a)
of Section 44014.2 and subdivision (d) of Section 44014.5 shall be
based on the same criteria.
(b) The performance standards described in subdivision (a) shall
be applied to smog check technicians licensed pursuant to this
chapter, if the department determines that is feasible.
(c) Beginning no later than January 1, 2012, the department shall
provide to all licensed smog check stations and technicians, if
technicians are included pursuant to subdivision (b), a preliminary
report on the station's and the technician's performance applying the
performance standards. The preliminary report shall include the
criteria that is the basis of the performance standards and an
assessment of the station's and the technician's potential
eligibility to issue certificates of compliance or noncompliance for
vehicles selected pursuant to Sections 44010.5 and 44014.7, or
vehicles identified by the department as gross polluters.
SEC. 93. Section 44024 of the Health
and Safety Code is amended to read:
44024. (a) The department, in cooperation with the state board,
shall investigate new technologies, including the role of onboard
diagnostic systems in vehicles, as a means both for detecting excess
emissions and defective emission control equipment, and for assisting
in determining what repairs would be effective. The
department shall report to the review committee on the results of its
investigation for inclusion in the committee's annual report to the
Legislature.
(b) To incorporate new technologies into the program, the
department may institute the following changes if the department
determines that the changes will be cost-effective and convenient to
vehicle owners:
(1) The schedule for testing and certifying vehicles.
(2) The location and method for complying with the test
requirements otherwise applicable under this chapter.
(3) The equipment requirements and repair procedures, including
the imposition of new or revised diagnostic procedures, to be used at
licensed smog check stations.
(4) The training, skill, and licensing requirements for smog
check technicians.
(5) The applicable test procedures and emission standards, as
applied at smog check stations, and during roadside inspection.
SEC. 94. Section 44081.6 of the Health
and Safety Code is amended to read:
44081.6. (a) The California Environmental Protection Agency, the
state board, and the department, in cooperation with, and with the
participation of, the Environmental Protection Agency, shall jointly
undertake a pilot demonstration program to do all of the following:
(1) Determine the emission reduction effectiveness of alternative
loaded mode emission tests compared to the IM240 test.
(2) Quantify the emission reductions, above and beyond those
required by Environmental Protection Agency regulation or by the
biennial test requirement, achievable from a remote sensing-based
program that identifies gross polluting and other vehicles and
requires the immediate repair and retest of those gross polluting
vehicles at a test-only station established by this chapter.
(3) Determine if high polluting vehicles can be identified and
directed to test-only stations using criteria other than, or in
addition to, age and model year, and whether this reduces the number
of vehicles which would otherwise be subject to inspection at
test-only stations.
(4) Qualify emission reductions above and beyond those that are
required by the regulations of the Environmental Protection Agency,
achievable from other program enhancements pursuant to this chapter.
(5) Determine the extent to which the capacity of the test-only
station network established pursuant to Section 44010.5 needs to be
expanded to comply with Environmental Protection Agency performance
standards.
(b) The California
Environmental Protection Agency shall enter into a memorandum of
agreement with the Environmental Protection Agency to establish the
protocol for the pilot demonstration program. The memorandum of
agreement shall ensure, to the extent possible, that the
Environmental Protection Agency will accept the results of the pilot
demonstration program as the findings of the Administrator of the
Environmental Protection Agency. The pilot demonstration program
shall be conducted pursuant to the memorandum of agreement.
(c) The review committee established pursuant to Section 44021
shall review the protocol for the pilot demonstration program, as
established in the signed memorandum of agreement, and recommend any
modification that the review committee finds to be appropriate for
the pilot demonstration program. Any such modification shall become
effective only upon the written agreement of the California
Environmental Protection Agency and the Environmental Protection
Agency.
(d) The department shall contract, on behalf of the committee,
with an independent entity to ensure quality control in the
collection of data pursuant to the pilot demonstration program. The
department shall also contract, on behalf of the committee, for an
independent analysis of the data produced by the pilot demonstration
program.
(e) Any contract entered into pursuant to this section shall not
be subject to any restrictions that are applicable to contracts in
the Government Code or in the Public Contract Code. The
department shall report to the Legislature any action that is taken
in accordance with this subdivision.
(f) To the extent possible, the pilot demonstration program shall
be conducted using equipment, facilities, and staff of the state
board, the department, and the Environmental Protection Agency.
(g) The pilot demonstration program shall provide for, but not be
limited to, all of the following:
(1) For the purposes of this section, any vehicle subject to the
inspection and maintenance program may be selected to participate in
the pilot demonstration program regardless of when last inspected
pursuant to this chapter.
(2) Registered owners of vehicles selected to participate in the
pilot demonstration program shall make the vehicle available for
testing within a time period and at a testing facility designated by
the department. If necessary, the department shall increase the
capacity of the existing referee network in the area or areas where
the pilot demonstration program will be operating, in order to
accommodate the convenient testing of selected vehicles.
(3) If the department finds that a vehicle is emitting excessive
emissions, the vehicle owner shall be required to make necessary
repairs within the existing cost limits and return to a testing
facility designated by the department. The vehicle owner shall have
additional repairs made if the repairs are requested and funded by
the department. The department shall also fund the cost of any
necessary repairs if the owner of the vehicle has, within the last
two years, already paid for emissions-related repairs to the same
vehicle in an amount at least equal to the existing cost limits, in
order to obtain a certificate of compliance or an emission cost
waiver.
(4) Vehicle owners who fail to bring the vehicle in for
inspection or fail to have repairs made pursuant to this section
shall be issued notices of noncompliance. The notice shall provide
that, unless the vehicle is brought to a designated testing facility
for testing, or repair facility for repairs, within 15 days of notice
of the requirement, the owner will be required to pay an
administrative fee of not more than five dollars ($5) a day, not to
exceed two hundred fifty dollars ($250), to be collected by the
Department of Motor Vehicles at the next annual registration renewal
or the next change of ownership of the vehicle, whichever occurs
first. Commencing on the 31st day after issuance of the notice of
noncompliance, the fee shall accrue at the rate of five dollars ($5)
per day up to the two hundred fifty dollars ($250) maximum. Except as
provided in subdivision (b) of Section 9250.18 of the Vehicle Code,
any revenues collected by the Department of Motor Vehicles pursuant
to this subdivision and Section 9250.18 of the Vehicle Code shall be
deposited into the Vehicle Inspection and Repair Fund by the
Department of Motor Vehicles.
(h) The Department of Motor Vehicles, the Department of
Transportation, local agencies, and the state board shall provide
necessary support for the program established pursuant to this
section.
(i) As soon as possible after the effective date of this section,
the department and the state board shall develop, implement, and
revise as needed, emissions test procedures and emissions standards
necessary to conduct the pilot demonstration program.
SEC. 95. Section 44100 of the Health
and Safety Code is amended to read:
44100. The Legislature hereby finds and declares as follows:
(a) Emission reduction programs based on market principles have
the potential to provide equivalent or superior environmental
benefits when compared to existing controls at a lower cost to the
citizens of California than traditional emission control
requirements.
(b) Several studies have demonstrated that a small percentage of
light-duty vehicles contribute disproportionately to the on-road
emissions inventory. Programs to reduce or eliminate these excess
emissions can significantly contribute to the attainment of the state'
s air quality goals.
(c) Programs to accelerate fleet turnover can enhance the
effectiveness of the state's new motor vehicle standards by bringing
more low-emission vehicles into the on-road fleet earlier.
(d) The California State Implementation Plan for Ozone (SIP),
adopted November 15, 1994, and submitted to the Environmental
Protection Agency, calls for added reductions in reactive organic
gases (ROG) and oxides of nitrogen (NOx) from light-duty vehicles by
the year 2010. One of the more market-oriented approaches reflected
in the SIP, known as the M-1 strategy, calls for accelerating the
retirement of older light-duty vehicles in the South Coast Air
Quality Management District to achieve the following emission
reductions:
Emissions, TPD (tons per
day)
Year (ROG + NOx)
1999 9
2002 14
2005 20
2007 22
2010 25
(e) A program for achieving those and more emission reductions
should be based on the following principles:
(1) If the program receives adequate funding, the first two years
should include a thorough assessment of the costs and short-term and
long-term emission reduction benefits of the program, compared with
other emission reduction programs for light-duty vehicles, which
shall be reflected in a report and recommendations
by the state board to the Governor and the Legislature on strategies
and funding needs for meeting the emission reduction requirements of
the M-1 strategy of the 1994 SIP for the years 1999 to 2010,
inclusive.
(2) The program should first contribute to the achievement of the
emission reductions required by the inspection and maintenance
program and the M-1 strategy of the 1994 SIP, and should permit the
use of mobile source emission reduction credits for other purposes
currently authorized by the state board or a district. Remaining
credits may be used to achieve other emission reductions, including
those required by the 1994 SIP, in a manner consistent with
market-based strategies. Emission credits shall not be used to offset
emission standards or other requirements for new vehicles, except as
authorized by the state board.
(3) Participation by the vehicle owner shall be entirely voluntary
and the program design should be sensitive to the concerns of car
collectors and to consumers for whom older vehicles provide
affordable transportation.
(4) The program design shall provide for real, surplus, and
quantifiable emission reductions, based on an evaluation of the
purchased vehicles, taking into account factors that include per-mile
emissions, annual miles driven, remaining useful life of retired
vehicles, and emissions of the typical or average replacement
vehicle, as determined by the state board. The program shall ensure
that there is no double counting of emission credits among the
various vehicle removal programs.
(5) The program should specify the emission reductions required
and then utilize the market to ensure that these reductions are
obtained at the lowest cost.
(6) The program should be privately operated. It should utilize
the experience and expertise gained from past successful programs.
Existing entities that are authorized by, contracted with, or
otherwise sanctioned by a district and approved by the state board
and the United States Environmental Protection Agency shall be fully
utilized for purposes of implementing this article. Nothing in this
paragraph restricts the Department of Consumer Affairs from selecting
qualified contractors to operate or administer any program specified
pursuant to this chapter.
(7) The program should be designed insofar as possible to
eliminate any benefit to any participants from vehicle tampering and
other forms of cheating. To the extent that tampering and other forms
of cheating might be advantageous, the program design shall include
provisions for monitoring the occurrence of tampering and other forms
of cheating.
(8) Emission credits should be expressed in pounds or other units,
and their value should be set by the marketplace. Any contract
between a public entity and a private party for the purchase of
emission credits should be based on a price per pound which reflects
the market value of the credit at its time of purchase. Emission
reductions required by the M-1 and other strategies of the 1994 SIP
shall be accomplished by competitive bid among private businesses
solicited by the oversight agency designated pursuant to Section
44105.
SEC. 96. Section 44104.5 of the Health
and Safety Code is amended to read:
44104.5. (a) The regulations adopted pursuant to subdivision (a)
of Section 44101 shall include a plan to guide the execution of the
first two years of the program, to assess the results, and to
formulate recommendations. The plan shall also verify whether the
light-duty vehicle scrapping program included in the state
implementation plan adopted on November 15, 1994, can reasonably be
expected to yield the required emissions reductions at reasonable
cost-effectiveness. Scrapping of any vehicles under this program for
program development or testing or for generating emission reductions
to be credited against the M-1 strategy of the 1994 SIP may proceed
before the state board adopts the regulations pursuant to subdivision
(a) of Section 44101 or the plan required by this subdivision. The
emission credits assigned to these vehicles shall be adjusted as
necessary to ensure that those credits are consistent with the
credits allowed under the regulations adopted pursuant to Section
44101. The plan shall include a baseline study, for the geographical
area or areas representative of those to be targeted by this program
and by measure M-1 in the SIP, of the current population of vehicles
by model year and market value and the current turnover rate of
vehicles, and other factors that may be essential to assessing
program effectiveness, cost-effectiveness, and market impacts of the
program.
(b) At the end of each of the two calendar years after the
adoption of the program plan, if the program receives adequate
funding, the state board, in consultation with the department, shall
adopt and publish a progress report evaluating each year of the
program. These reports shall address the following topics for those
vehicles scrapped to achieve both the M-1 SIP objectives and those
vehicles scrapped or repaired to generate mobile-source emission
reduction credits used for other purposes:
(1) The number of vehicles scrapped or repaired by model year.
(2) The measured emissions of the scrapped or repaired vehicles
tested during the report period, using suitable inspection and
maintenance test procedures.
(3) Costs of the vehicles in terms of amounts paid to sellers, the
costs of repair, and the cost-effectiveness of scrappage and repair
expressed in dollars per ton of emissions reduced.
(4) Administrative and testing costs for the program.
(5) Assessments of the replacement vehicles or replacement travel
by model year or emission levels, as determined from interviews,
questionnaires, diaries, analyses of vehicle registrations in the
study region, or other methods as appropriate.
(6) Assessments of the net emission benefits of scrapping in the
year reported, considering the scrapped vehicles, the replacement
vehicles, the effectiveness of repair, and other effects of the
program on the mix of vehicles and use of vehicles in the geographic
area of the program, including in-migration of other vehicles into
the area and any tendencies to increased market value of used
vehicles and prolonged useful life of existing vehicles, if any.
(7) Assessments of whether the M-1 strategy of the 1994 SIP can
reasonably be expected to yield the required emission reductions.
(c) Not later than June 30, 1999, and every three years
thereafter, if the programs receive adequate funding, the state
board, in consultation with the department, shall evaluate the
performance of the programs specified in Article 9 (commencing with
Section 44090) and this article and, based on that evaluation, report
to the Governor and Legislature. The report shall evaluate the
overall performance of the program, including its cost-effectiveness
in terms of dollars per ton of credited or reduced emissions,
description of the methods and procedures to assure that the emission
reductions are real, surplus, and quantifiable, the extent of the
market for eligible vehicles, a recommendation for an appropriate
allocation of expenditures between removal or repair of vehicles that
reflects the relative cost-effectiveness of the options, and any
other recommendation for improving the effectiveness of these
programs. This report shall also contain all of the following:
(1) Identification of procedures for distinguishing the emission
reductions attributed to scrapping for the purpose of generating
emission reductions credits and scrapping that occurs or would have
occurred as a result of the inspection and maintenance program
managed by the Department of Consumer Affairs and other programs.
(2) A projection of the emissions reductions and
cost-effectiveness that might be realized by scrapping or repairing
light-duty vehicles through the year 2010, considering changes
expected in the vehicle fleet and likely impacts of scrapping or
repair on the mix and emissions of vehicles.
(3) A comparison of the effectiveness of scrappage, repair, or
upgrade to other programs for light-duty vehicles.
(4) A recommended scrapping program, or other more cost-effective
means, for continuing to achieve the emissions reductions required by
the M-1 strategy of the 1994 State Implementation Plan, considering
likely emission reductions in the attainment year costs,
cost-effectiveness, issues of monitoring and verification, and status
of the Environmental Protection Agency's approval of the state's
1994 SIP.
SEC. 97. Section 100500 of the Health
and Safety Code is amended to read:
100500. (a) The Director of General Services may acquire real
property in order to construct a laboratory and office facility or
remodeling an existing facility in the City of Richmond, for the use
of the State Department of Health Services.
(b) Revenue bonds, negotiable notes, and negotiable bond
anticipation notes may be issued by the State Public Works Board
pursuant to the State Building Construction Act of 1955 (Part 10b
(commencing with Section 15800) of Division 3 of Title 2 of the
Government Code) to finance the acquisition and construction of a new
laboratory and office facility, or remodeling of an existing
facility for the State Department of Health Services in the City of
Richmond. The amount of the bonds plus the cost of equipment shall
not exceed fifty-four million five hundred thousand dollars
($54,500,000) as necessary for land acquisition including, but not
limited to, land needed for planned future expansion of the
laboratory and office facility, environmental studies, preliminary
plans, working drawings, construction, furnishings, equipment, and
all related betterments and improvements. Notwithstanding Section
13332.11 of the Government Code, the State Public Works Board may
authorize the augmentation of the amount authorized under this
section for the project by an amount not to exceed 10 percent of the
amount appropriated for this project.
(c) The State Public Works Board may borrow funds for project
costs from the Pooled Money Investment Account pursuant to Sections
16312 and 16313 of the Government Code.
(d) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold shall equal the cost of
acquisition, including land, construction, preliminary plans, and
working drawings, construction management and supervision, other
costs relating to the design, construction, or remodeling of the
facilities, and any additional sums necessary to pay interim and
permanent financing costs. The additional amount may include interest
and a reasonable required reserve fund. At least 30 days
prior to the signing of the agreement for the acquisition,
construction, or remodeling of the Richmond facility pursuant to
subdivision (b), the State Director of Health Services and the
Director of General Services shall jointly report to the Joint
Legislative Budget Committee and the fiscal committees of each house
of the Legislature. The report shall specify (1) the terms of the
proposed agreement, (2) how the acquisition, construction, or
remodeling will meet the needs of the State Department of Health
Services for laboratory facilities in the East Bay area, and (3)
implementation plans for the Richmond facility, including project
planning guides and cost estimates for the project.
SEC. 98. Section 102920 of the Health
and Safety Code is repealed.
102920. The department shall report to the Legislature on or
before January 1, 1994, on the implementation of this article. The
department also shall report to the Legislature, on or before four
years after the date that the initial funding is received to
implement this article, on the results of the study required by this
article.
SEC. 99. Section 103641 of the Health
and Safety Code is repealed.
103641. The State Registrar shall annually prepare a summary
report of all statewide activities related to revenues collected by
the State Registrar pursuant to subdivision (f) of Section 103625.
The report shall include, but not be limited to, the following:
(a) A report that combines the information that counties are
required to submit pursuant to subdivision (f) of Section 103625.
(b) Information regarding revenues collected by the State
Registrar pursuant to subdivision (f) of Section 103625 for the
previous calendar year, including, but not limited to, the manner in
which, and purpose for which, the revenues were expended.
SEC. 100. Section 104200 of the Health
and Safety Code is amended to read:
104200. (a) Subject to subdivision (f)
(e) , the department shall conduct the Cervical Cancer Community
Awareness Campaign to do all of the following:
(1) To provide awareness, assistance, and information regarding
cervical cancer and the human papillomavirus (HPV). These efforts
shall include provider education aimed at promoting the awareness of
HPV and its link to cervical cancer. Information regarding
prevention, early detection, options for testing, and treatment costs
shall be included.
(2) To promote the availability of preventive treatment for
cervical cancer for women in California.
(3) To perform other activities related to cervical cancer.
(b) (1) For purposes of the Cervical Cancer Community Awareness
Campaign, the department shall establish a study of and research
regarding cervical cancer.
(2) The study and research shall contain, but not be limited to,
statistical information in order to target appropriate regions of the
state with the Cervical Cancer Community Awareness Campaign. The
statistical information shall include, but not be limited to, age,
ethnicity, region, and socioeconomic status of the women in the state
in relation to cervical cancer. The research shall provide studies
of current treatment evolutions, possible cures, and the availability
of preventive care for women in the state in relation to cervical
cancer.
(c) To the extent feasible and appropriate, the Cervical Cancer
Community Awareness Campaign shall be incorporated into existing
cancer awareness programs operated by the department.
(d) On or before January 1, 2007, the department shall report to
the chairs and vice chairs of the health committees of both houses of
the Legislature on the progress of the campaign. The report shall do
all of the following:
(1) Provide an overview of progress being made in fulfilling the
duties of the Cervical Cancer Community Awareness Campaign.
(2) Recommend strategies or actions to reduce the occurrence of
cervical cancer among, and the burden caused by cervical cancer on,
women in the state.
(3) Review statistical and qualitative data on the prevalence and
burden of cervical cancer and HPV in California.
(e)
(d) There is hereby established in the State Treasury
the Cervical Cancer Fund to be expended by the State Department of
Health Services, upon appropriation of nonstate funds by the
Legislature, solely for the Cervical Cancer Community Awareness
Campaign.
(f)
(e) (1) The department shall conduct the Cervical
Cancer Community Awareness Campaign only if voluntary contributions
are received to support its activities pursuant to this section. The
continued implementation of this section shall be contingent upon the
receipt of voluntary contributions for that purpose.
(2) Voluntary contributions received for purposes of this
subdivision shall be deposited into the Cervical Cancer Fund.
(g)
(f) This section shall be implemented only after the
Department of Finance determines that nonstate funds in an amount
sufficient to fully support the activities of this section have been
deposited with the state. Thereafter, this section shall continue to
be implemented only to the extent that the Department of Finance
determines that sufficient nonstate funds to fully support the
activities of this section have been deposited with the state for
purposes of this section. If the Department of Finance determines
that insufficient voluntary contributions for purposes of
implementing this section have been deposited with the state by
January 1, 2007, the Department of Finance shall notify either the
Chief Clerk of the Assembly or the Secretary of the Senate of this
fact, and this section shall be repealed on January 1, 2007, unless a
later enacted statute, that is enacted before January 1, 2007,
deletes or extends that date.
SEC. 101. Section 109951 of the Health
and Safety Code is amended to read:
109951. "Infant formula" shall have the same definition as that
term is used in the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
Sec. 321(z)). The department shall review all changes to the federal
definition of "infant formula" before those changes are incorporated
by reference pursuant to this section. Within six months after the
effective date of any changes to the federal definition, the
department shall complete its review of the changes, and
submit post a report to the Senate
Health and Human Services Committee and the Assembly Health Committee
on its Internet Web site that describes the
changes and makes a recommendation as to whether it is appropriate to
incorporate the changes by reference pursuant to this section. Any
change to the federal definition shall take effect pursuant to this
section one year after the effective date of the federal change,
unless a law that specifically prohibits the change from taking
effect is enacted and becomes effective.
SEC. 102. Section 110552 of the Health
and Safety Code is amended to read:
110552. (a) The department shall regulate candy to ensure that
the candy is not adulterated.
(b) For the purposes of this chapter, "candy" means any
confectionary intended for individual consumption that contains
chili, tamarind, or any other ingredient identified as posing a
health risk in regulations adopted by the office or department.
(c) For purposes of this section, the following terms have the
following meanings:
(1) "Office" means the Office of Environmental Health Hazard
Assessment.
(2) "Adulterated candy" means any candy with lead in excess of the
naturally occurring level. Moreover, candy is adulterated if its
wrapper or the ink on the wrapper contains lead in excess of
standards which the office, in consultation with the department and
the Attorney General, shall establish by July 1, 2006.
(3) "Naturally occurring level" of lead in candy shall be
determined by regulations adopted by the office after consultation
with the department and the Attorney General. For purposes of this
section, the "naturally occurring level" of lead in candy is only
naturally occurring to the extent that it is not avoidable by good
agricultural, manufacturing, and procurement practices, or by other
practices currently feasible. The producer and
manufacturer of candy and candy ingredients
shall at all times use quality control measures that reduce the
natural chemical contaminants to the "lowest level currently feasible"
as this term is used in subsection (c) of Section 110.110 of Title
21 of the Code of Federal Regulations. The "naturally occurring level"
of lead shall not include any lead in an ingredient resulting from
agricultural equipment, fuels used on or around soils or crops,
fertilizers, pesticides, or other materials that are applied to soils
or crops or added to water used to irrigate soils or crops. The
office shall determine the naturally occurring levels of lead in
candy containing chili and tamarind no later than July 1, 2006. The
office shall determine the naturally occurring levels of lead in
candy containing other ingredients upon request by the department or
the Attorney General, and in the absence of a request, when the
office determines that the presence of the ingredient in candy may
pose a health risk. Until the office adopts regulations determining
the naturally occurring level of lead, the Attorney General's written
determination, if any, including any determination set forth in a
consent judgment entered into by the Attorney General, of the
naturally occurring level of lead in candy or in a candy ingredient
shall be binding for purposes of this section.
(4) "Wrapper" means all packaging materials in contact with the
candy, including, but not limited to, the paper cellophane, plastic
container, stick handle, spoon, small pot (olla), and squeeze tube,
or similar devices. "Wrapper" does not include any part of the
packaging from which lead will not leach, as demonstrated by the
manufacturer, to the satisfaction of the office.
(d) The standards adopted pursuant to paragraphs (2) and (3) of
subdivision (c) shall be reviewed by the office every three-year to
five-year period in order to determine whether advances in scientific
knowledge, the development of better agricultural or manufacturing
practices, or changes in detection limits require revision of the
standards.
(e) The department shall do all of the following:
(1) Ensure that the candy is not adulterated.
(2) Establish procedures for the testing of candy and the
certification of unadulterated candy products. The procedures shall
require candy manufacturers to certify candy as being unadulterated.
The certification shall be based on appropriate sampling and testing
protocols as determined by the office in consultation with the
Attorney General's office.
(3) Through its Food and Drug Branch, test the samples of candy
collected pursuant to this article. The department may test any
candy, including candy tested pursuant to paragraph (3) of
subdivision (e) (2) in order to ensure the candy
is unadulterated.
(4) Adopt regulations necessary for the enforcement of this
article.
(5) Evaluate the regulatory process, identify problems, and make
changes or report to the Legislature, as necessary.
(f) If the candy tested pursuant to paragraph (2) or
(3) of subdivision (e) is found to be adulterated, the department
shall do both of the following:
(1) Issue health advisory notices to county health departments
alerting them to the danger posed by consumption of the candy.
(2) Notify the manufacturer and the distributor of the candy that
the candy is adulterated, and that the candy may not be sold or
distributed in the state until further testing proves that the candy
is unadulterated.
(g) (1) For any candy found to be adulterated, the manufacturer or
distributor may request that the department test a subsequent sample
of candy. The department shall select the candy to be tested. The
cost of any subsequent sampling and testing shall be borne by the
manufacturer or distributor requesting the additional testing.
(2) If the candy is found to be unadulterated when it is retested,
the department shall provide the manufacturer or distributor and the
county health department with a letter stating that the candy has
been retested and determined to be unadulterated, and that the sale
and distribution of the candy in the state may resume.
(3) If the candy is found to remain adulterated when retested, the
manufacturer or distributor may take corrective measures and
continue to resubmit samples for testing until tests prove the candy
unadulterated.
(h) The department shall convene an interagency collaborative
which is hereby established to serve as an oversight committee for
the implementation of this section and to work with the office in
establishing and revising the required standards. The interagency
collaborative shall be composed of the following members:
(1) The department.
(2) The Childhood Lead Poisoning Branch of the department.
(3) The Food and Drug Branch of the department.
(4) The office.
(5) The office of the Attorney General.
(i) The interagency collaborative may confer with the United
States Consumer Product Safety Commission, the United States Food and
Drug Administration, recognized experts in the field,
representatives of California community environmental justice
organizations and candy manufacturers.
(j)
(h) (1) The sale of adulterated candy to California
consumers is a violation of this section. Any person knowingly and
intentionally selling adulterated candy shall be subject to a civil
penalty of up to five hundred dollars ($500) per violation. The
regulations adopted shall provide that funding for this section shall
be met in part or in whole by those penalties, upon appropriation by
the Legislature.
(2) In the event that a candy product is found to be adulterated,
the department may recover the costs incurred in the chemical
analysis of that product from the manufacturer or distributor.
(3) Except as expressly set forth in this section, nothing in this
section shall alter or diminish any legal obligation otherwise
required in common law or by statute or regulation, and nothing in
this section shall create or enlarge any defense in any action to
enforce that legal obligation. Penalties imposed under this section
shall be in addition to any penalties otherwise prescribed by law.
(4) This section shall not be the basis for any stay of
proceedings or other order limiting or delaying the prosecution of
any action to enforce Section 25249.6.
SEC. 103. Section 111198 of the Health
and Safety Code is amended to read:
111198. In its annual budget report to the Legislature,
the The department shall provide
post annaully on its Internet Web site , in
connection to the entities it regulates under this article, all of
the following information:
(a) The total number of licenses, by type and county, issued in
the prior calendar year.
(b) The number of inspections performed by the department in the
previous calendar year, broken down by county and license type.
(c) The number and type of major violations, and the actions taken
to correct those violations.
(d) The number and dollar value of fines levied under subdivision
(c).
SEC. 104. Section 120476 of the Health
and Safety Code is repealed.
120476. The department shall submit to the Legislature, by
January 31, 2008, a sustainability plan for full funding of a
statewide immunization information system that integrates existing
immunization systems throughout the state. The plan shall demonstrate
how the department will fully populate and sustain the statewide
immunization information system over time.
SEC. 105. Section 120910 of the Health
and Safety Code is amended to read:
120910. (a) The department shall collect data from the early
intervention projects, assess the effectiveness of the different
models of early intervention projects , and report its
findings to the Legislature on or before January 1, 1992, and on or
before January 1 of each subsequent year .
(b) The department shall continuously collect data from each
early intervention project. The data collected may include, but not
be limited to, the following:
(1) The total number of clients served.
(2) The number of clients utilizing each service provided by the
project.
(3) Demographics on clients in the aggregate.
(4) The source of funding for each type of service provided.
(5) The cost of each type of service provided.
(6) Medical treatment modalities utilized in the aggregate.
(7) Changes in the clinical status of clients in the aggregate.
(8) Changes in behaviors that present risks of transmitting HIV
infection of the clients in the aggregate.
(9) The psychosocial changes of clients in the aggregate.
(10) Referrals made by the project.
(11) Perceived unmet needs of the clients served by the project.
(c) The department shall develop and distribute to each early
intervention project forms for data collection that are designed to
elicit information necessary for the department to comply with the
requirements of subdivision (b). The data may be used by the
department to comply with the requirements of subdivision (a).
SEC. 106. Section 120955 of the Health
and Safety Code is amended to read:
120955. (a) (1) To the extent that state and federal funds are
appropriated in the annual Budget Act for these purposes, the
director shall establish and may administer a program to provide drug
treatments to persons infected with human immunodeficiency virus
(HIV), the etiologic agent of acquired immunodeficiency syndrome
(AIDS). If the director makes a formal determination that, in any
fiscal year, funds appropriated for the program will be insufficient
to provide all of those drug treatments to existing eligible persons
for the fiscal year and that a suspension of the implementation of
the program is necessary, the director may suspend eligibility
determinations and enrollment in the program for the period of time
necessary to meet the needs of existing eligible persons in the
program.
(2) The director, in consultation with the AIDS Drug Assistance
Program Medical Advisory Committee, shall develop, maintain, and
update as necessary a list of drugs to be provided under this
program. The list shall be exempt from the requirements of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340), Chapter 4 (commencing with Section 11370), and Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code), and shall not be subject to the review and
approval of the Office of Administrative Law. In addition,
the director shall notify the fiscal and policy committees of the
Legislature of any additions, deletions, or restrictions to the list
within 15 business days of the action. At a minimum, this
notification shall describe the specific change to the formulary, the
reason for the action taken, the estimated number of people it may
affect, and any estimate of costs or savings where applicable
.
(b) The director may grant funds to a county public health
department through standard agreements to administer this program in
that county. To maximize the recipients' access to drugs covered by
this program, the director shall urge the county health department in
counties granted these funds to decentralize distribution of the
drugs to the recipients.
(c) The director shall establish a rate structure for
reimbursement for the cost of each drug included in the program.
Rates shall not be less than the actual cost of the drug. However,
the director may purchase a listed drug directly from the
manufacturer and negotiate the most favorable bulk price for that
drug.
(d) Manufacturers of the drugs on the list shall pay the
department a rebate equal to the rebate that would be applicable to
the drug under Section 1927(c) of the federal Social Security Act (42
U.S.C. Sec. 1396r-8(c)) plus an additional rebate to be negotiated
by each manufacturer with the department, except that no rebates
shall be paid to the department under this section on drugs for which
the department has received a rebate under Section 1927(c) of the
federal Social Security Act (42 U.S.C. Sec. 1396r-8(c)) or that have
been purchased on behalf of county health departments or other
eligible entities at discount prices made available under Section
256b of Title 42 of the United States Code.
(e) The department shall submit an invoice, not less than two
times per year, to each manufacturer for the amount of the rebate
required by subdivision (d).
(f) Drugs may be removed from the list for failure to pay the
rebate required by subdivision (d), unless the department determines
that removal of the drug from the list would cause substantial
medical hardship to beneficiaries.
(g) The department may adopt emergency regulations to implement
amendments to this chapter made during the 1997-98 Regular Session,
in accordance with 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 initial adoption of emergency regulations
shall be deemed to be an emergency and considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health and safety, or general welfare. Emergency
regulations adopted pursuant to this section shall remain in effect
for no more than 180 days.
(h) Reimbursement under this chapter shall not be made for any
drugs that are available to the recipient under any other private,
state, or federal programs, or under any other contractual or legal
entitlements, except that the director may authorize an exemption
from this subdivision where exemption would represent a cost savings
to the state.
(i) The department may also subsidize certain cost-sharing
requirements for persons otherwise eligible for the AIDS Drug
Assistance Program (ADAP) with existing non-ADAP drug coverage by
paying for prescription drugs included on the ADAP formulary within
the existing ADAP operational structure up to, but not exceeding, the
amount of that cost-sharing obligation. This cost sharing may only
be applied in circumstances in which the other payer recognizes the
ADAP payment as counting toward the individual's cost-sharing
obligation.
SEC. 107. Section 121285 of the Health
and Safety Code is amended to read:
121285. (a) The Disease Prevention Demonstration Project, a
collaboration between pharmacies and local and state health
officials, is hereby authorized for the purpose of evaluating the
long-term desirability of allowing licensed pharmacists to furnish or
sell nonprescription hypodermic needles or syringes to prevent the
spread of blood-borne pathogens, including HIV and hepatitis C.
(b) The State Department of Health Services shall evaluate the
effects of allowing pharmacists to furnish or sell a limited number
of hypodermic needles or syringes without prescription , and
provide a report to the Governor and the Legislature on or before
January 15, 2010 . The State Department of Health Services
is encouraged to seek funding from private and federal sources to pay
for the evaluation. The report shall include, but need not
be limited to, the effect of nonprescription hypodermic needle or
syringe sale on all of the following:
(1) Hypodermic needle or syringe sharing practice among those who
inject illegal drugs.
(2) Rates of disease infection caused by hypodermic needle or
syringe sharing.
(3) Needlestick injuries to law enforcement officers and waste
management employees.
(4) Drug crime or other crime in the vicinity of pharmacies.
(5) Safe or unsafe discard of used hypodermic needles or syringes.
(6) Rates of injection of illegal drugs.
(c) The State Department of Health Services shall convene an
uncompensated evaluation advisory panel comprised of all of the
following: two or more specialists in the control of infectious
diseases; one or more representatives of the California State Board
of Pharmacy; one or more representatives of independent pharmacies;
one or more representatives of chain pharmacy owners; one or more
representatives of law enforcement executives, such as police chiefs
and sheriffs; one or more representatives of rank and file law
enforcement officers; a specialist in hazardous waste management from
the State Department of Health Services; one or more representatives
of the waste management industry; and one or more representatives of
local health officers.
(d) In order to furnish or sell nonprescription hypodermic needles
or syringes as part of the Disease Prevention Demonstration Project
in a county or city that has provided authorization pursuant to
Section 4145 of the Business and Professions Code, a pharmacy shall
do all of the following:
(1) Register with the local health department by providing a
contact name and related information, and certify that it will
provide, at the time of furnishing or sale of hypodermic needles or
syringes, written information or verbal counseling on all of the
following:
(A) How to access drug treatment.
(B) How to access testing and treatment for HIV and hepatitis C.
(C) How to safely dispose of sharps waste.
(2) Store hypodermic needles and syringes so that they are
available only to authorized personnel, and not openly available to
customers.
(3) In order to provide for the safe disposal of hypodermic
needles and syringes, a registered pharmacy shall provide one or more
of the following options:
(A) An onsite safe hypodermic needle and syringe collection and
disposal program.
(B) Furnish or make available for purchase mail-back sharps
disposal containers authorized by the United States Postal Service
that meet applicable state and federal requirements, and provide
tracking forms to verify destruction at a certified disposal
facility.
(C) Furnish or make available for purchase personal sharps
disposal containers that meet state and federal standards for
disposal of medical waste.
(e) Local health departments shall be responsible for all of the
following:
(1) Maintaining a list of all pharmacies within the local health
department's jurisdiction that have registered under the Disease
Prevention Demonstration Project.
(2) Making available to pharmacies written information that may be
provided or reproduced to be provided in writing or orally by the
pharmacy at the time of furnishing or the sale of nonprescription
hypodermic needles or syringes, including all of the following:
(A) How to access drug treatment.
(B) How to access testing and treatment for HIV and hepatitis C.
(C) How to safely dispose of sharps waste.
(f) As used in this chapter, "sharps waste" means hypodermic
needles, syringes, and lancets.
SEC. 108. Section 121340 of the Health
and Safety Code is amended to read:
121340. (a) The State Department of Health Services, in
consultation with the California Conference of Local Health Officers,
the California Medical Association, HIV treatment providers, and
public health and other stakeholders, shall determine, no later than
December 31, 2005, whether California's HIV reporting system has
achieved compliance with standards and criteria necessary to ensure
continued federal funding for California under the federal Ryan White
Comprehensive AIDS Resources Emergency (CARE) Act of 1990 (Public
Law 101-381), as amended October 20, 2000 (Public Law 106-345).
(b) The department shall inform the appropriate committees of the
Legislature of its findings under subdivision (a) by December 31,
2005.
(c) The department shall also report to the appropriate
committees of the Legislature all written communications from the
Centers for Disease Control and Prevention to the state received
before December 31, 2005, that indicate that California's HIV
reporting system has not or will not meet the federal standards and
criteria for an HIV reporting system pursuant to the Ryan White CARE
Act.
SEC. 109. Section 123516 of the Health
and Safety Code is amended to read:
123516. (a) The department, in consultation with the program
administrators, may contract with one or more qualified organizations
to assist the department in ensuring that grantees implement the
program as established under Section 123491 and to conduct an annual
evaluation of the implementation of the grant program on a statewide
basis. The first evaluation shall be due 12 months after the award of
grants pursuant to Section 123492.
(b) (1) In conducting its monitoring and evaluation activities,
the department shall be guided by program performance standards
developed by the department in consultation with the Nurse-Family
Partnership program.
(2) The department shall submit the results of each annual
evaluation to the Governor and the appropriate policy and fiscal
committees of each house of the Legislature.
(3)
(2) The annual evaluation shall contain, but not be
limited to, the extent to which each grantee participating in the
program has done each of the following:
(A) Recruited a population of low-income, first-time mothers.
(B) Enrolled families early in pregnancy and followed them through
the second birthday of the child.
(C) Conducted visits that are of comparable frequency, duration,
and content as those delivered in the randomized clinical trials of
the program.
(D) Assessed the health and well-being of the mothers and children
enrolled in the program according to common indicators of maternal,
child, and family health.
SEC. 110. Section 124174.5 of the
Health and Safety Code is amended to read:
124174.5. (a) The program,
in collaboration with the State Department of Education, shall act as
a liaison for school-based health centers.
(b) Beginning on or before January 1, 2009, the program shall
provide a biennial update to the appropriate policy and fiscal
committees of the Legislature that includes information on all of the
following:
(1) The number and geographical distribution of school health
centers.
(2) The number of schoolage children who were served by school
health centers.
(3) The type and volume of health and mental health services
provided by school health centers.
(4) A description of state funds used by school health centers.
(5) A description of any obstacles to the financial sustainability
of school health centers and any necessary policy changes that would
address those financial obstacles.
(c) The department shall post on its Web site any written
materials provided to the Legislature as part of the updates required
by this section.
SEC. 111. Section 124590 of the Health
and Safety Code is amended to read:
124590. The Legislature finds and declares that the health status
of many American Indians in California is not adequate.
It is, therefore, the intent of the Legislature to insure that in
addition to funding provided pursuant to the American Indian Health
Service program, sufficient funding is provided to American Indians
from other programs in order to substantially improve their access to
health services. These programs include, but are not limited to, the
following:
(a) Rural health services.
(b) Mental health services.
(c) Developmental disability programs.
(d) Maternal and child health programs.
(e) Alcoholism programs.
(f) Programs for the aging.
(g) Environmental health programs.
The department shall report to the Legislature by July 1, 1984,
and every two years thereafter, with respect to the extent to that
funding for these programs is allocated to grantees receiving funding
from the department pursuant to Section 124585.
SEC. 112. Section 124925 of the Health
and Safety Code is repealed.
124925. The department shall submit a report on its activities
under this article to the Legislature no later than January 1, 1991,
and annually thereafter.
SEC. 113. Section 128557.5 of the
Health and Safety Code is repealed.
128557.5. On or before January 1, 2010, the foundation, the
office, the Medical Board of California, and the advisory committee
described in Section 128551 shall evaluate the success of the
programs' operation and the foundation's fundraising and shall make
recommendations to the Legislature for improvements to the programs
or for the programs to be carried out by another agency or a
foundation to be established within the Medical Board of California.
SEC. 114. Section 128600 of the Health
and Safety Code is amended to read:
128600. The Legislature finds and declares that the oversight and
reporting requirements of the demonstration project established in
this section are equal to, or exceed similar licensing standards for
other health facilities.
(a) The Office of Statewide Health Planning and Development shall
conduct a demonstration project to evaluate the accommodation of
postsurgical care patients for periods not exceeding two days, except
that the attending physician and surgeon may require that the stay
be extended to no more than three days.
(b) (1) The demonstration project shall operate for a period not
to exceed six years, for no more than 12 project sites, one of which
shall be located in Fresno County. However, the demonstration
project shall be extended an additional six years, to September 30,
2000, only for those project sites that were approved by the Office
of Statewide Health Planning and Development and operational prior to
January 1, 1994.
(2) Any of the 12 project sites may be distinct parts of health
facilities, or any of those sites may be physically freestanding from
health facilities. None of the project sites that are designated as
distinct parts of health facilities, shall be located in the service
area of any one of the six freestanding project sites. None of the
project sites that are
designated as distinct parts of health facilities shall have a
service area that overlaps with any one or more service areas of the
freestanding pilot sites. For the purposes of this section, service
area shall be defined by the office.
(c) (1) The office shall establish standards for participation,
commensurate with the needs of postsurgical care patients requiring
temporary nursing services following outpatient surgical procedures.
(2) In preparing the standards for participation, the office may,
as appropriate, consult with the State Department of Health Services
and a technical advisory committee that may be appointed by the
Director of the Office of Statewide Health Planning and Development.
The committee shall have no more than eight members, all of whom
shall be experts in health care, as determined by the director of the
office. One of the members of the committee shall, as determined by
the director of the office, have specific expertise in the area of
pediatric surgery and recovery care.
(3) If a technical advisory committee is established by the
director of the office, members of the committee shall be reimbursed
for any actual and necessary expenses incurred in connection with
their duties as members of the committee.
(d) Not later than six months prior to the conclusion of the
demonstration project, the office shall submit an evaluation of the
demonstration project to the Legislature on the effectiveness and
safety of the demonstration project in providing recovery services to
patients receiving outpatient surgical services. The office, as part
of the evaluation, shall include recommendations regarding the
establishment of a new license category or amendment of existing
licensing standards.
(e)
(d) The office shall establish and administer the
demonstration project in facilities with no more than 20 beds that
continuously meet the standards of skilled nursing facilities
licensed under subdivision (c) of Section 1250, except that the
office may, as appropriate and unless a danger to patients would be
created, eliminate or modify the standards. This section shall not
prohibit general acute care hospitals from participating in the
demonstration project. The office may waive those building standards
applicable to a project site that is a distinct part of a health
facility that are inappropriate, as determined by the office, to the
demonstration project. Notwithstanding health facility licensing
regulations contained in Division 5 (commencing with Section 70001)
of Title 22 of the California Code of Regulations, a project site
that is a distinct part of a health facility shall comply with all
standards for participation established by the office and with all
regulations adopted by the office to implement this section. A
project site that is a distinct part of a health facility shall not,
for the duration of the pilot project, be subject to Division 5
(commencing with Section 70001) of Title 22 of the California Code of
Regulations which conflict, as determined by the office, with the
demonstration project standards or regulations.
(f)
(e) The office shall issue a facility identification
number to each facility selected for participation in the
demonstration project.
(g)
(f) Persons who wish to establish recovery care
programs shall make application to the office for inclusion in the
pilot program. Applications shall be made on forms provided by the
office and shall contain sufficient information determined as
necessary by the office.
(h)
(g) As a condition of participation in the pilot
program, each applicant shall agree to provide statistical data and
patient information that the office deems necessary for effective
evaluation. It is the intent of the Legislature that the office shall
develop procedures to assure the confidentiality of patient
information and shall only disclose patient information, including
name identification, as is necessary pursuant to this section or any
other law.
(i)
(h) Any authorized officer, employee, or agent of the
office may, upon presentation of proper identification, enter and
inspect any building or premises and any records, including patient
records, of a pilot project participant at any reasonable time to
review compliance with, or to prevent any violation of, this section
or the regulations and standards adopted thereunder.
(j)
(i) The office may suspend or withdraw approval of any
or all pilot projects with notice, but without hearing if it
determines that patient safety is being jeopardized.
(k)
(j) The office may charge applicants and participants
in the program a reasonable fee to cover its actual cost of
administering the pilot program and the cost of any committee
established by this section. The facilities participating in the
pilot project shall pay fees that equal the amount of any increase in
fiscal costs incurred by the state as a result of the extension of
the pilot project until September 30, 2000, pursuant to subdivision
(b).
( l )
(k) The office may contract with a medical
consultant or other advisers as necessary, as determined by the
office. Due to the necessity to expedite the demonstration project
and its extremely specialized nature, the contracts shall be exempt
from Section 10373 of the Public Contract Code, and shall be
considered sole-source contracts.
(m)
(l) The office may adopt emergency regulations to
implement this section in accordance with Section 11346.1 of the
Government Code, except that the regulations shall be exempt from the
requirements of subdivisions (e), (f), and (g) of that section. The
regulations shall be deemed an emergency for the purposes of Section
11346.1.
Applications to establish any of the four project sites authorized
by the amendments made to this section during the 1987-88 Regular
Session of the California Legislature shall be considered by the
office from among the applications submitted to it in response to its
initial request for proposal process.
(n)
(m) Any administrative opinion, decision, waiver,
permit, or finding issued by the office prior to July 1, 1990, with
respect to any of the demonstration projects approved by the office
prior to July 1, 1990, shall automatically be extended by the office
to remain fully effective as long as the demonstration projects are
required to operate pursuant to this section.
(o)
(n) The office shall not grant approval to a
postsurgical recovery care facility, as defined in Section 97500.111
of Title 22 of the California Code of Regulations, that is
freestanding, as defined in Section 97500.49 of Title 22 of the
California Code of Regulations, to begin operation as a participating
demonstration project if it is located in the County of Solano.
(p)
(o) Participants in the demonstration program for
postsurgical recovery facilities shall not be precluded from
receiving reimbursement from, or conducting good faith negotiations
with, a third-party payor solely on the basis that the participant is
engaged in a demonstration program and accordingly is not licensed.
SEC. 115. Section 130252 of the Health
and Safety Code is amended to read:
130252. (a) Subject to available funding, the California Health
and Human Services Agency shall be responsible for ensuring that all
federal grant deliverables are met. The agency shall coordinate
electronic health activities in the state and work with stakeholders,
state departments, and the Legislature to support policy needs for
health information technology and health information exchange in
California.
(b) In the event that a state governance entity is established,
all of the following conditions shall be met:
(1) The agency shall be responsible for ensuring that all
deliverables established in the strategic and operational plans
established pursuant to subdivision (e) of Section 130251, and as
required by the federal grant, are met.
(2) Any grant issued by the agency to the state governance entity
for health information exchange shall be deliverables based. All
deliverables shall be subject to approval and acceptance by the
agency.
(c) The agency, state-designated entity, or the state governance
entity shall establish and begin providing health information
exchange services by January 1, 2012.
(d) The state-designated entity or state governance entity shall
ensure that an effective model for health information exchange
governance and accountability is in place. In order to avoid any real
or apparent conflict of interest, the state-designated entity or
state governance entity shall ensure organizational and functional
separation exists between the governance functions of the entity and
its operational functions, specifically between operating entities
that are or may be involved in building and maintaining the health
information exchange. The agency shall conduct periodic internal
reviews at least once after an entity has received the designation,
and periodically as necessary, to ensure this separation is
maintained, and that the state-designated entity or state governance
entity operates in a manner that ensures organizational integrity and
accountability.
(e) The state-designated entity or state governance entity shall
provide a process for public comment and input, which may include
integrating public workgroups convened by the agency during the
operational planning process into its organizational structure.
(f) The state-designated entity or state governance entity, in
consultation with the Office of Health Information Integrity, shall
develop detailed standards and policies to be included in all
contracts with health care entities that are participants of the
state-designated entity's or governance entity's health information
exchange for health information exchange services provided by the
applicable entity. The state-designated entity or state governance
entity shall also work with the Office of Health Information
Integrity to ensure standardization of privacy and security policies
for health information exchange statewide. The state-designated
entity or state governance entity shall develop operational policies
based on privacy and security guidelines developed by the state, and
create a uniform set of privacy and security rules to be used by
other entities participating in health information exchanges
established by the state-designated entity or state governance entity
for health information exchange or a contract made by the applicable
entity for health information exchange.
(g) The agency shall develop a detailed implementation plan that
meets all requirements, deliverables, and goals specified in the
strategic and operational plans established pursuant to subdivision
(e) of Section 130251. The implementation plan shall be submitted to
the Legislature by November 1, 2010. The implementation plan shall
include, but need not be limited to, all of the following:
(1) A detailed work plan and communications plan.
(2) A model that defines the technical architecture for services
recommended in the operational plan.
(3) A description of specific core services enabled or provided by
the health information exchange and timeframes for the rollout of
those services.
(4) A determination of how to most effectively engage stakeholders
throughout the state.
(5) A description of specific deliverables and timeframes to
ensure that statewide health information exchange is achieved
pursuant to the state strategic and operational plans.
(6) Detailed information on internal infrastructure that ensures
the state governance entity for health information exchange meets
legal and regulatory criteria needed, including, but not limited to,
a comprehensive staffing plan.
(h)
(g) Any contract for state designation or subgrant
agreement pursuant to this section shall be made through an open and
competitive process as required by federal law.
(i)
(h) The state designated entity or state governance
entity shall comply with applicable provisions of the federal Health
Information Technology for Economic and Clinical Health Act (HITECH
Act; Public Law 111-5), the federal Public Health Service Act (42
U.S.C. Sec. 300x-26), and applicable federal policies, guidance, and
requirements. These provisions shall include, but are not limited to,
the requirement that funds be used to conduct activities to
facilitate and expand the electronic movement and use of health
information among organizations according to nationally recognized
standards in effect on December 31, 2010.
SEC. 116. Section 1872.1 of the
Insurance Code is repealed.
1872.1. (a) There is created within the Fraud Division an
advisory committee on automobile insurance fraud and economic
automobile theft prevention, investigation, and prosecution, as
provided in this chapter. The committee shall be composed of the
Chief of the Fraud Division, a representative from the Department of
Justice, the Department of Motor Vehicles, the Division of
Investigation of the Department of Consumer Affairs, the Department
of the California Highway Patrol, the Bureau of Automotive Repair,
the Parole and Community Services Division of the Department of
Corrections, the State Bar of California, the Medical Board of
California, the State Board of Chiropractic Examiners, two
representatives from local law enforcement agencies, one of whom
shall be a prosecutor, and representatives of three insurers assessed
pursuant to Section 1872.8, and a representative of a labor
organization with members in the automotive repair business.
(b) The commissioner shall select representatives from local law
enforcement agencies from names submitted from local law enforcement
agencies. The commissioner shall select one insurer representative
from each of the following three categories from nominees submitted
by insurers in each category: one representative of insurers with
average annual automobile liability premiums in California of less
than one hundred million dollars ($100,000,000) in the preceding
three years; one representative of insurers with average annual
automobile liability premiums in California between one hundred
million dollars ($100,000,000) and seven hundred million dollars
($700,000,000) in the preceding three years; and one representative
of insurers with average annual automobile liability premiums in
California exceeding seven hundred million dollars ($700,000,000) in
the preceding three years. At least one insurer representative shall
be employed by an insurer having its principal headquarters in
California. Members appointed by the commissioner shall serve at the
pleasure of the commissioner. Representatives from other agencies
shall be selected by the agencies represented.
(c) The advisory committee shall elect one of its members annually
to chair its meetings. The chair shall conduct quarterly meetings of
the committee in California and at such other times as he or she
deems appropriate. Members of the committee shall serve without
compensation except for expenses incidental to attendance at meetings
called by the chair. A report of the committee's activities shall be
included in the report required under Section 1872.9.
(d) The purpose and goals of the advisory committee are as
follows:
(1) Recommend to the Fraud Division and other appropriate public
agencies and private sector entities ways to coordinate the
investigation, prosecution, and prevention of automobile insurance
claims fraud, including economic automobile theft.
(2) Provide assistance to the Fraud Division towards implementing
the goal of reducing the frequency and severity of fraudulent
automobile insurance claims (adjusted for population growth and
inflation) of 20 percent in urban areas and 10 percent in rural areas
of the state within a 24-month period from the effective date of
this chapter by utilizing resources set forth in Section 1872.8.
(3) Assure that preventive, investigative, prosecutive, and data
collection efforts undertaken by the Fraud Division pursuant to this
chapter are efficient, cost-effective, and complement similar efforts
undertaken by law enforcement agencies and insurers.
(4) Make recommendations for inclusion in the Fraud Division's
annual report required by Section 1872.9.
SEC. 117. Section 111 of the Labor Code
is amended to read:
111. (a) The Workers'
Compensation Appeals Board, consisting of seven members, shall
exercise all judicial powers vested in it under this code. In all
other respects, the Division of Workers' Compensation is under the
control of the administrative director and, except as to those
duties, powers, jurisdiction, responsibilities, and purposes as are
specifically vested in the appeals board, the administrative director
shall exercise the powers of the head of a department within the
meaning of Article 1 (commencing with Section 11150) of Chapter 2 of
Part 1 of Division 3 of Title 2 of the Government Code with respect
to the Division of Workers' Compensation which shall include
supervision of, and responsibility for, personnel, and the
coordination of the work of the division, except personnel of the
appeals board.
(b) The administrative director shall prepare and submit, on March
1 of each year, a report to the Governor and the Legislature
covering the activities of the division during the prior year. The
report shall include recommendations for improvement and the need, if
any, for legislation to enhance the delivery of compensation to
injured workers. The report shall include data on penalties imposed
on employers or insurers due to delays in compensation or notices, or
both, by category of penalty imposed.
SEC. 118. Section 3201.5 of the Labor
Code is amended to read:
3201.5. (a) Except as provided in subdivisions (b) and (c), the
Department of Industrial Relations and the courts of this state shall
recognize as valid and binding any provision in a collective
bargaining agreement between a private employer or groups of
employers engaged in construction, construction maintenance, or
activities limited to rock, sand, gravel, cement and asphalt
operations, heavy-duty mechanics, surveying, and construction
inspection and a union that is the recognized or certified exclusive
bargaining representative that establishes any of the following:
(1) An alternative dispute resolution system governing disputes
between employees and employers or their insurers that supplements or
replaces all or part of those dispute resolution processes contained
in this division, including, but not limited to, mediation and
arbitration. Any system of arbitration shall provide that the
decision of the arbiter or board of arbitration is subject to review
by the appeals board in the same manner as provided for
reconsideration of a final order, decision, or award made and filed
by a workers' compensation administrative law judge pursuant to the
procedures set forth in Article 1 (commencing with Section 5900) of
Chapter 7 of Part 4 of Division 4, and the court of appeals pursuant
to the procedures set forth in Article 2 (commencing with Section
5950) of Chapter 7 of Part 4 of Division 4, governing orders,
decisions, or awards of the appeals board. The findings of fact,
award, order, or decision of the arbitrator shall have the same force
and effect as an award, order, or decision of a workers'
compensation administrative law judge. Any provision for arbitration
established pursuant to this section shall not be subject to Sections
5270, 5270.5, 5271, 5272, 5273, 5275, and 5277.
(2) The use of an agreed list of providers of medical treatment
that may be the exclusive source of all medical treatment provided
under this division.
(3) The use of an agreed, limited list of qualified medical
evaluators and agreed medical evaluators that may be the exclusive
source of qualified medical evaluators and agreed medical evaluators
under this division.
(4) Joint labor management safety committees.
(5) A light-duty, modified job or return-to-work program.
(6) A vocational rehabilitation or retraining program utilizing an
agreed list of providers of rehabilitation services that may be the
exclusive source of providers of rehabilitation services under this
division.
(b) (1) Nothing in this section shall allow a collective
bargaining agreement that diminishes the entitlement of an employee
to compensation payments for total or partial disability, temporary
disability, vocational rehabilitation, or medical treatment fully
paid by the employer as otherwise provided in this division. The
portion of any agreement that violates this paragraph shall be
declared null and void.
(2) The parties may negotiate any aspect of the delivery of
medical benefits and the delivery of disability compensation to
employees of the employer or group of employers that are eligible for
group health benefits and nonoccupational disability benefits
through their employer.
(c) Subdivision (a) shall apply only to the following:
(1) An employer developing or projecting an annual workers'
compensation insurance premium, in California, of two hundred fifty
thousand dollars ($250,000) or more, or any employer that paid an
annual workers' compensation insurance premium, in California, of two
hundred fifty thousand dollars ($250,000) in at least one of the
previous three years.
(2) Groups of employers engaged in a workers' compensation safety
group complying with Sections 11656.6 and 11656.7 of the Insurance
Code, and established pursuant to a joint labor management safety
committee or committees, that develops or projects annual workers'
compensation insurance premiums of two million dollars ($2,000,000)
or more.
(3) Employers or groups of employers that are self-insured in
compliance with Section 3700 that would have projected annual workers'
compensation costs that meet the requirements of, and that meet the
other requirements of, paragraph (1) in the case of employers, or
paragraph (2) in the case of groups of employers.
(4) Employers covered by an owner or general contractor provided
wrap-up insurance policy applicable to a single construction site
that develops workers' compensation insurance premiums of two million
dollars ($2,000,000) or more with respect to those employees covered
by that wrap-up insurance policy.
(d) Employers and labor representatives who meet the eligibility
requirements of this section shall be issued a letter by the
administrative director advising each employer and labor
representative that, based upon the review of all documents and
materials submitted as required by the administrative director, each
has met the eligibility requirements of this section.
(e) The premium rate for a policy of insurance issued pursuant to
this section shall not be subject to the requirements of Section
11732 or 11732.5 of the Insurance Code.
(f) No employer may establish or continue a program established
under this section until it has provided the administrative director
with all of the following:
(1) Upon its original application and whenever it is renegotiated
thereafter, a copy of the collective bargaining agreement and the
approximate number of employees who will be covered thereby.
(2) Upon its original application and annually thereafter, a valid
and active license where that license is required by law as a
condition of doing business in the state within the industries set
forth in subdivision (a) of Section 3201.5.
(3) Upon its original application and annually thereafter, a
statement signed under penalty of perjury, that no action has been
taken by any administrative agency or court of the United States to
invalidate the collective bargaining agreement.
(4) The name, address, and telephone number of the contact person
of the employer.
(5) Any other information that the administrative director deems
necessary to further the purposes of this section.
(g) No collective bargaining representative may establish or
continue to participate in a program established under this section
unless all of the following requirements are met:
(1) Upon its original application and annually thereafter, it has
provided to the administrative director a copy of its most recent
LM-2 or LM-3 filing with the United States Department of Labor, along
with a statement, signed under penalty of perjury, that the document
is a true and correct copy.
(2) It has provided to the administrative director the name,
address, and telephone number of the contact person or persons of the
collective bargaining representative or representatives.
(h) Commencing July 1, 1995, and annually thereafter, the Division
of Workers' Compensation shall report to the Director of the
Department of Industrial Relations the number of collective
bargaining agreements received and the number of employees covered by
these agreements.
(i) By June 30, 1996, and annually thereafter, the Administrative
Director of the Division of Workers' Compensation shall prepare and
notify Members of the Legislature that a report authorized by this
section is available upon request. The report based upon aggregate
data shall include the following:
(1) Person hours and payroll covered by agreements filed.
(2) The number of claims filed.
(3) The average cost per claim shall be reported by cost
components whenever practicable.
(4) The number of litigated claims, including the number of claims
submitted to mediation, the appeals board, or the court of appeal.
(5) The number of contested claims resolved prior to arbitration.
(6) The projected
incurred costs and actual costs of claims.
(7) Safety history.
(8) The number of workers participating in vocational
rehabilitation.
(9) The number of workers participating in light-duty programs.
The division shall have the authority to require those employers
and groups of employers listed in subdivision (c) to provide the data
listed above.
(j)
(i) The data obtained by the administrative director
pursuant to this section shall be confidential and not subject to
public disclosure under any law of this state. However, the Division
of Workers' Compensation shall create derivative works pursuant to
subdivisions (h) and (i) subdivision (h)
based on the collective bargaining agreements and data. Those
derivative works shall not be confidential, but shall be public. On a
monthly basis the administrative director shall make available an
updated list of employers and unions entering into collective
bargaining agreements containing provisions authorized by this
section.
SEC. 119. Section 3201.7 of the Labor
Code is amended to read:
3201.7. (a) Except as provided in subdivision (b), the Department
of Industrial Relations and the courts of this state shall recognize
as valid and binding any labor-management agreement that meets all
of the following requirements:
(1) The labor-management agreement has been negotiated separate
and apart from any collective bargaining agreement covering affected
employees.
(2) The labor-management agreement is restricted to the
establishment of the terms and conditions necessary to implement this
section.
(3) The labor-management agreement has been negotiated in
accordance with the authorization of the administrative director
pursuant to subdivision (d), between an employer or groups of
employers and a union that is the recognized or certified exclusive
bargaining representative that establishes any of the following:
(A) An alternative dispute resolution system governing disputes
between employees and employers or their insurers that supplements or
replaces all or part of those dispute resolution processes contained
in this division, including, but not limited to, mediation and
arbitration. Any system of arbitration shall provide that the
decision of the arbiter or board of arbitration is subject to review
by the appeals board in the same manner as provided for
reconsideration of a final order, decision, or award made and filed
by a workers' compensation administrative law judge pursuant to the
procedures set forth in Article 1 (commencing with Section 5900) of
Chapter 7 of Part 4 of Division 4, and the court of appeals pursuant
to the procedures set forth in Article 2 (commencing with Section
5950) of Chapter 7 of Part 4 of Division 4, governing orders,
decisions, or awards of the appeals board. The findings of fact,
award, order, or decision of the arbitrator shall have the same force
and effect as an award, order, or decision of a workers'
compensation administrative law judge. Any provision for arbitration
established pursuant to this section shall not be subject to Sections
5270, 5270.5, 5271, 5272, 5273, 5275, and 5277.
(B) The use of an agreed list of providers of medical treatment
that may be the exclusive source of all medical treatment provided
under this division.
(C) The use of an agreed, limited list of qualified medical
evaluators and agreed medical evaluators that may be the exclusive
source of qualified medical evaluators and agreed medical evaluators
under this division.
(D) Joint labor management safety committees.
(E) A light-duty, modified job, or return-to-work program.
(F) A vocational rehabilitation or retraining program utilizing an
agreed list of providers of rehabilitation services that may be the
exclusive source of providers of rehabilitation services under this
division.
(b) (1) Nothing in this section shall allow a labor-management
agreement that diminishes the entitlement of an employee to
compensation payments for total or partial disability, temporary
disability, vocational rehabilitation, or medical treatment fully
paid by the employer as otherwise provided in this division; nor
shall any agreement authorized by this section deny to any employee
the right to representation by counsel at all stages during the
alternative dispute resolution process. The portion of any agreement
that violates this paragraph shall be declared null and void.
(2) The parties may negotiate any aspect of the delivery of
medical benefits and the delivery of disability compensation to
employees of the employer or group of employers that are eligible for
group health benefits and nonoccupational disability benefits
through their employer.
(c) Subdivision (a) shall apply only to the following:
(1) An employer developing or projecting an annual workers'
compensation insurance premium, in California, of fifty thousand
dollars ($50,000) or more, and employing at least 50 employees, or
any employer that paid an annual workers' compensation insurance
premium, in California, of fifty thousand dollars ($50,000), and
employing at least 50 employees in at least one of the previous three
years.
(2) Groups of employers engaged in a workers' compensation safety
group complying with Sections 11656.6 and 11656.7 of the Insurance
Code, and established pursuant to a joint labor management safety
committee or committees, that develops or projects annual workers'
compensation insurance premiums of five hundred thousand dollars
($500,000) or more.
(3) Employers or groups of employers, including cities and
counties, that are self-insured in compliance with Section 3700 that
would have projected annual workers' compensation costs that meet the
requirements of, and that meet the other requirements of, paragraph
(1) in the case of employers, or paragraph (2) in the case of groups
of employers.
(d) Any recognized or certified exclusive bargaining
representative in an industry not covered by Section 3201.5, may file
a petition with the administrative director seeking permission to
negotiate with an employer or group of employers to enter into a
labor-management agreement pursuant to this section. The petition
shall specify the bargaining unit or units to be included, the names
of the employers or groups of employers, and shall be accompanied by
proof of the labor union's status as the exclusive bargaining
representative. The current collective bargaining agreement or
agreements shall be attached to the petition. The petition shall be
in the form designated by the administrative director. Upon receipt
of the petition, the administrative director shall promptly verify
the petitioner's status as the exclusive bargaining representative.
If the petition satisfies the requirements set forth in this
subdivision, the administrative director shall issue a letter
advising each employer and labor representative of their eligibility
to enter into negotiations, for a period not to exceed one year, for
the purpose of reaching agreement on a labor-management agreement
pursuant to this section. The parties may jointly request, and shall
be granted, by the administrative director, an additional one-year
period to negotiate an agreement.
(e) No employer may establish or continue a program established
under this section until it has provided the administrative director
with all of the following:
(1) Upon its original application and whenever it is renegotiated
thereafter, a copy of the labor-management agreement and the
approximate number of employees who will be covered thereby.
(2) Upon its original application and annually thereafter, a
statement signed under penalty of perjury, that no action has been
taken by any administrative agency or court of the United States to
invalidate the labor-management agreement.
(3) The name, address, and telephone number of the contact person
of the employer.
(4) Any other information that the administrative director deems
necessary to further the purposes of this section.
(f) No collective bargaining representative may establish or
continue to participate in a program established under this section
unless all of the following requirements are met:
(1) Upon its original application and annually thereafter, it has
provided to the administrative director a copy of its most recent
LM-2 or LM-3 filing with the United States Department of Labor, where
such filing is required by law, along with a statement, signed under
penalty of perjury, that the document is a true and correct copy.
(2) It has provided to the administrative director the name,
address, and telephone number of the contact person or persons of the
collective bargaining representative or representatives.
(g) Commencing July 1, 2005, and annually thereafter, the Division
of Workers' Compensation shall report to the Director of Industrial
Relations the number of labor-management agreements received and the
number of employees covered by these agreements.
(h) By June 30, 2006, and annually thereafter, the administrative
director shall prepare and notify Members of the Legislature that a
report authorized by this section is available upon request. The
report based upon aggregate data shall include the following:
(1) Person hours and payroll covered by agreements filed.
(2) The number of claims filed.
(3) The average cost per claim shall be reported by cost
components whenever practicable.
(4) The number of litigated claims, including the number of claims
submitted to mediation, the appeals board, or the court of appeal.
(5) The number of contested claims resolved prior to arbitration.
(6) The projected incurred costs and actual costs of claims.
(7) Safety history.
(8) The number of workers participating in vocational
rehabilitation.
(9) The number of workers participating in light-duty programs.
(10) Overall worker satisfaction.
The division shall have the authority to require employers and
groups of employers participating in labor-management agreements
pursuant to this section to provide the data listed above.
(i)
(h) The data obtained by the administrative director
pursuant to this section shall be confidential and not subject to
public disclosure under any law of this state. However, the Division
of Workers' Compensation shall create derivative works pursuant to
subdivisions (f) and (g) based on the labor-management agreements and
data. Those derivative works shall not be confidential, but shall be
public. On a monthly basis, the administrative director shall make
available an updated list of employers and unions entering into
labor-management agreements authorized by this section.
SEC. 120. Section 3716.1 of the Labor
Code is amended to read:
3716.1. (a) In any hearing, investigation, or proceeding, the
Attorney General, or attorneys of the Department of Industrial
Relations, shall represent the director and the state. Expenses
incident to representation of the director and the state, before the
appeals board and in civil court, by the Attorney General or
Department of Industrial Relations attorneys, shall be reimbursed
from the Workers' Compensation Administration Revolving Fund.
Expenses incident to representation by the Attorney General or
attorneys of the Department of Industrial Relations incurred in
attempts to recover moneys pursuant to Section 3717 of the Labor Code
shall not exceed the total amounts recovered by the director on
behalf of the Uninsured Employers Benefits Trust Fund pursuant to
this chapter.
(b) The director shall assign investigative and claims' adjustment
services respecting matters concerning uninsured employers injury
cases. The director or his or her representative may make these
service assignments within the department, or he or she may contract
for these services with the State Compensation Insurance Fund, except
insofar as these matters might conflict with the interests of the
State Compensation Insurance Fund. The administrative costs
associated with these services shall be reimbursed from the Workers'
Compensation Administration Revolving Fund and the nonadministrative
costs from the Uninsured Employers Benefits Trust Fund, except when a
budget impasse requires advances as described in subdivision (c) of
Section 62.5. To the extent permitted by state law, the director may
contract for audits or reports of services under this section.
(c) Commencing November 1, 2004, the State Compensation Insurance
Fund and the director shall report annually to the fiscal committees
of both houses of the Legislature and the Director of Finance,
regarding any of the following:
(1) The number of uninsured employers claims paid in the previous
fiscal year, the total cost of those claims, and levels of reserves
for incurred claims.
(2) The administrative costs associated with claims payment
activities.
(3) Annual revenues to the Uninsured Employers Benefits Trust Fund
from all of the following:
(A) Assessments collected pursuant to subdivision (c) of Section
62.5.
(B) Fines and penalties collected by the department.
(C) Revenues collected pursuant to Section 3717.
(4) Projected annual program and claims costs for the current and
upcoming fiscal years.
SEC. 121. Section 4755 of the Labor
Code is amended to read:
4755. (a) The State Compensation Insurance Fund may draw from the
State Treasury out of the Subsequent Injuries Benefits Trust Fund
for the purposes specified in Section 4751, without at the time
presenting vouchers and itemized statements, a sum not to exceed in
the aggregate fifty thousand dollars ($50,000), to be used as a cash
revolving fund. The revolving fund shall be deposited in any banks
and under any conditions as the Department of Finance determines. The
Controller shall draw his or her warrants in favor of the State
Compensation Insurance Fund for the amounts so withdrawn and the
Treasurer shall pay these warrants.
(b) Expenditures made from the revolving fund in payments on
claims for any additional compensation and for adjusting services are
exempted from the operation of Section 16003 of the Government Code.
Reimbursement of the revolving fund for these expenditures shall be
made upon presentation to the Controller of an abstract or statement
of the expenditures. The abstract or statement shall be in any form
as the Controller requires.
(c) The director shall assign claims adjustment services and legal
representation services respecting matters concerning subsequent
injuries. The director or his or her representative may make these
service assignments within the department, or he or she may contract
for these services with the State Compensation Insurance Fund, for a
fee in addition to that authorized by Section 4754, except insofar as
these matters might conflict with the interests of the State
Compensation Insurance Fund. The administrative costs associated with
these services shall be reimbursed from the Workers' Compensation
Administration Revolving Fund, except when a budget impasse requires
advances as provided in subdivision (d) of Section 62.5. To the
extent permitted by state law, the director may contract for audits
or reports of services under this section.
(d) Commencing November 1, 2004, the State Compensation Insurance
Fund and the director shall report annually to the fiscal committees
of both houses of the Legislature and the Director of Finance,
regarding all of the following:
(1) The number of subsequent injuries claims paid in the previous
fiscal year, the total costs of those claims, and the levels of
reserves on incurred claims.
(2) The administrative costs associated with claims payment
activities.
(3) Annual revenues to the Subsequent Injuries Benefits Trust Fund
from both of the following:
(A) Assessments collected pursuant to subdivision (d) of Section
62.5.
(B) Other revenues collected by the department.
(4) Projected annual program and claims costs for the current and
upcoming fiscal years.
SEC. 122. Section 5502 of the Labor
Code is amended to read:
5502. (a) Except as provided in subdivisions (b) and (d)
subdivision (b) , the hearing shall be held not
less than 10 days, and not more than 60 days, after the date a
declaration of readiness to proceed, on a form prescribed by the
appeals board, is filed. If a claim form has been filed for an injury
occurring on or after January 1, 1990, and before January 1, 1994,
an application for adjudication shall accompany the declaration of
readiness to proceed.
(b) The administrative director shall establish a priority
calendar for issues requiring an expedited hearing and decision. A
hearing shall be held and a determination as to the rights of the
parties shall be made and filed within 30 days after the declaration
of readiness to proceed is filed if the issues in dispute are any of
the following:
(1) The employee's entitlement to medical treatment pursuant to
Section 4600.
(2) The employee's entitlement to, or the amount of, temporary
disability indemnity payments.
(3) The employee's entitlement to compensation from one or more
responsible employers when two or more employers dispute liability as
among themselves.
(4) Any other issues requiring an expedited hearing and
determination as prescribed in rules and regulations of the
administrative director.
(c) The administrative director shall establish a priority
conference calendar for cases in which the employee is represented by
an attorney and the issues in dispute are employment or injury
arising out of employment or in the course of employment. The
conference shall be conducted by a workers' compensation
administrative law judge within 30 days after the declaration of
readiness to proceed. If the dispute cannot be resolved at the
conference, a trial shall be set as expeditiously as possible, unless
good cause is shown why discovery is not complete, in which case
status conferences shall be held at regular intervals. The case shall
be set for trial when discovery is complete, or when the workers'
compensation administrative law judge determines that the parties
have had sufficient time in which to complete reasonable discovery. A
determination as to the rights of the parties shall be made and
filed within 30 days after the trial.
(d) The
administrative director shall report quarterly to the Governor and to
the Legislature concerning the frequency and types of issues which
are not heard and decided within the period prescribed in this
section and the reasons therefor .
(e)
(d) (1) In all cases, a mandatory settlement conference
shall be conducted not less than 10 days, and not more than 30 days,
after the filing of a declaration of readiness to proceed. If the
dispute is not resolved, the regular hearing shall be held within 75
days after the declaration of readiness to proceed is filed.
(2) The settlement conference shall be conducted by a workers'
compensation administrative law judge or by a referee who is eligible
to be a workers' compensation administrative law judge or eligible
to be an arbitrator under Section 5270.5. At the mandatory settlement
conference, the referee or workers' compensation administrative law
judge shall have the authority to resolve the dispute, including the
authority to approve a compromise and release or issue a stipulated
finding and award, and if the dispute cannot be resolved, to frame
the issues and stipulations for trial. The appeals board shall adopt
any regulations needed to implement this subdivision. The presiding
workers' compensation administrative law judge shall supervise
settlement conference referees in the performance of their judicial
functions under this subdivision.
(3) If the claim is not resolved at the mandatory settlement
conference, the parties shall file a pretrial conference statement
noting the specific issues in dispute, each party's proposed
permanent disability rating, and listing the exhibits, and disclosing
witnesses. Discovery shall close on the date of the mandatory
settlement conference. Evidence not disclosed or obtained thereafter
shall not be admissible unless the proponent of the evidence can
demonstrate that it was not available or could not have been
discovered by the exercise of due diligence prior to the settlement
conference.
(f)
(e) In cases involving the Director of the Department
of Industrial Relations in his or her capacity as administrator of
the Uninsured Employers Fund, this section shall not apply unless
proof of service, as specified in paragraph (1) of subdivision (d) of
Section 3716, has been filed with the appeals board and provided to
the Director of Industrial Relations, valid jurisdiction has been
established over the employer, and the fund has been joined.
(g)
(f) Except as provided in subdivision (a) and in
Section 4065, the provisions of this section shall apply irrespective
of the date of injury.
SEC. 123. Section 431 of the Military
and Veterans Code is amended to read:
431. (a) The Adjutant General may, either directly or through
armory boards, or through subordinate commanders, lease or otherwise
authorize the use of, by any person for any lawful purpose, manage,
supervise all activities in, perform all necessary military duties
with respect to and control all armories that are built or acquired
by the state, that come into possession or control of the state, or
that are erected, purchased, leased, or provided or contributed to,
in whole or in part, by any city, county, political subdivision, or
district, or by anyone, for armory purposes.
(b) The Adjutant General may contract with the United States for
the operation of any armory for purposes of training of federal
military personnel, with provision that all state costs related to
that operation shall be reimbursed by the United States.
(c) All revenues or income from any armory shall be paid to the
Adjutant General who shall account for the revenues or income to the
Controller at the close of each month in the form that the Controller
prescribes and shall deposit the revenues and income into the
Treasury to the credit of the Armory Discretionary Improvement
Account, which is hereby created, in the General Fund. The revenues
and income in the account shall be available, when appropriated, to
the Adjutant General, for allocation for the maintenance, repairs,
improvements, and operating expenses necessary or desirable for
increased or improved community utilization of the facilities of the
armory from which the revenues and income were derived.
(d) The Adjutant General, on May 1st of each year, shall submit to
the Department of General Services and obtain approval of a schedule
of rental, license, or lease fees for each state-owned or leased
armory by location. This schedule, when approved by the Department of
General Services, shall be used by the Adjutant General during the
next succeeding fiscal year to determine the minimum rental, license,
or lease fees to be charged the renter, licensee, or lessor.
SEC. 124. Section 999y of the Penal
Code is repealed.
999y. The California Emergency Management Agency shall report
annually to the Legislature concerning the program established by
this chapter. The agency shall prepare and submit to the Legislature
on or before December 15, 2002, and within six months of the
completion of subsequent funding cycles for this program, an
evaluation of the Child Abuser Prosecution Program. This evaluation
shall identify outcome measures to determine the effectiveness of the
programs established under this chapter, which shall include, but
not be limited to, both of the following, to the extent that data is
available:
(a) Child abuse conviction rates of Child Abuser Prosecution
Program units compared to those of nonfunded counties.
(b) Quantification of the annual per capita costs of the Child
Abuser Prosecution Program compared to the costs of prosecuting child
abuse crimes in nonfunded counties.
SEC. 125. Section 1174.7 of the Penal
Code is repealed.
1174.7. The department shall report the status of this program to
the Legislature on or before January 1, 1996, and each year
thereafter.
SEC . 126. Section 3049.5 of the
Penal Code is amended to read:
3049.5. Notwithstanding the provisions of Section 3049, any
prisoner selected for inclusion in a specific research program
approved by the Board of Corrections may be paroled upon completion
of the diagnostic study provided for in Section 5079. The number of
prisoners released in any year under this provision shall not exceed
5 percent of the total number of all prisoners released in the
preceding year.
This section shall not apply to a prisoner who, while committing
the offense for which he has been imprisoned, physically attacked any
person by any means. A threat of attack is not a physcial attack for
the purposes of this section unless such threat was accompanied by
an attempt to inflict physical harm upon some person.
The Board of Corrections shall report to the Legislature on the
fifth Legislative day of the 1974 Regular Session of the Legislature
regarding any research program completed or in progress authorized
under this section, and thereafter it shall report annually.
SEC. 127. Section 3050 of the Penal
Code is amended to read:
3050. (a) Notwithstanding any other provision of law, any inmate
under the custody of the Department of Corrections and Rehabilitation
who is not currently serving and has not served a prior
indeterminate sentence or a sentence for a violent felony, a serious
felony, or a crime that requires him or her to register as a sex
offender pursuant to Section 290, who has successfully completed an
in prison drug treatment
program, upon release from state prison, shall, whenever
possible, be entered into a 150-day residential aftercare drug
treatment program sanctioned by the department.
(b) As a condition of parole, if the inmate successfully completes
150 days of residential aftercare treatment, as determined by the
Department of Corrections and Rehabilitation and the aftercare
provider, the parolee shall be discharged from parole supervision at
that time.
(c) Commencing with 2008, the department shall report annually to
the Joint Legislative Budget Committee and the State Auditor on the
effectiveness of these provisions, including recidivism rates.
SEC. 128. Sec tion 4801 of the
Penal Code is amended to read:
4801. (a) The Board of Parole Hearings may report to the
Governor, from time to time, the names of any and all persons
imprisoned in any state prison who, in its judgment, ought to have a
commutation of sentence or be pardoned and set at liberty on account
of good conduct, or unusual term of sentence, or any other cause,
including evidence of intimate partner battering and its effects. For
purposes of this section, "intimate partner battering and its
effects" may include evidence of the nature and effects of physical,
emotional, or mental abuse upon the beliefs, perceptions, or behavior
of victims of domestic violence where it appears the criminal
behavior was the result of that victimization.
(b) (1) The Board of Parole
Hearings, in reviewing a prisoner's suitability for parole pursuant
to Section 3041.5, shall consider any information or evidence that,
at the time of the commission of the crime, the prisoner had
experienced intimate partner battering, but was convicted of the
offense prior to the enactment of Section 1107 of the Evidence Code
by Chapter 812 of the Statutes of 1991. The board shall state on the
record the information or evidence that it considered pursuant to
this subdivision, and the reasons for the parole decision.
The board shall annually report to the Legislature and the Governor
on the cases the board considered pursuant to this subdivision during
the previous year, including the board's decision and the findings
of its investigations of these cases.
(2) The report for the Legislature to be submitted pursuant to
paragraph (1) shall be submitted pursuant to Section 9795 of the
Government Code.
SEC. 129. Section 6031.2 of the Penal
Code is amended to read:
6031.2. (a) The Board of
Corrections State and Community Corrections
shall file with the Legislature on December 30, in each even-numbered
year, reports to the Legislature which shall include information on
all of the following:
(a)
(1) Inspection of those local detention facilities that
have not complied with the minimum standards established pursuant to
Section 6030. The reports shall specify those areas in which the
facility has failed to comply and the estimated cost to the facility
necessary to accomplish compliance with the minimum standards.
(b)
(2) Information regarding the progress and
effectiveness of the standards and training program contained in
Sections 6035 to 6037, inclusive.
(c)
(3) Status of funds expended, interest earned, actions
implementing the prerequisites for funding, any reallocations of
funds pursuant to Sections 4497.04 to 4497.16, inclusive, and a
complete listing of funds allocated to each county.
(d)
(4) Inmate accounting system data to be maintained on
an annual basis by the sheriff, chief of police, or other official in
charge of operating the adult detention system in a county or city,
including all of the following:
(1)
(A) Average daily population of sentenced and
unsentenced prisoners classified according to gender and juvenile
status.
(2)
(B) Jail admissions of sentenced and unsentenced
prisoners, booking charge, date and time of booking, date and time of
release, and operating expenses.
(3)
(C) Detention system capital and operating expenses.
(5) A list of grantees, total funds awarded to each grantee, and
performance statistics to document program outputs and outcomes for
all grant programs administered by the Board of State and Community
Corrections. This information shall also be provided, to the extent
possible, for all funds allocated for the purposes specified in
Sections 18220.1 and 18221 of the Welfare and Institutions Code. The
information required by this paragraph shall be listed for each of
the current and prior two fiscal years, and, to the extent possible,
the following fiscal year, beginning in 2013. The Board of State and
Community Corrections shall implement this paragraph only to the
extent that funds are available.
(b) The Director of Finance shall include a special display table
in the Governor's Budget under the Board of State and Community
Corrections that displays, by fund source, component level detail for
all grant programs administered by the Board of State and Community
Corrections, including all funds allocated for the purposes of
Sections 18220.1 and 18221 of the Welfare and Institutions Code.
SEC. 130. Section 6131 of the Penal
Code is amended to read:
6131. (a) Upon the completion of any review conducted by the
Inspector General, he or she shall prepare a public written report.
The public written report shall differ from the complete written
report in the respect that the Inspector General shall have the
discretion to redact or otherwise protect the names of individuals,
specific locations, or other facts that, if not redacted, might
hinder prosecution related to the review, or where disclosure of the
information is otherwise prohibited by law, and to decline to produce
any of the underlying materials. Copies of public written reports
shall be posted on the Inspector General's Internet Web site within
10 days of being disclosed to the entities or persons listed in
subdivision (b).
(b) Upon the completion of any review conducted by the Inspector
General, he or she shall prepare a complete written report, which
shall be held as confidential and disclosed in confidence, along with
all underlying materials the Inspector General deems appropriate, to
the Governor, the Secretary of the Department of Corrections and
Rehabilitation, and the appropriate law enforcement agency.
(c) Upon the completion of any review conducted by the Inspector
General, he or she shall also prepare and issue on a quarterly basis
a public report that includes all reviews completed in the previous
quarter. The public report shall differ from the complete report in
the respect that the Inspector General shall have the discretion to
redact or otherwise protect the names of individuals, specific
locations, or other facts that, if not redacted, might hinder
prosecution related to the review, or where disclosure of the
information is otherwise prohibited by law, and to decline to produce
any of the underlying materials. In a case where allegations were
deemed to be unfounded, all applicable identifying information shall
be redacted. The public report shall be made available to the public
upon request and on a quarterly basis as follows:
(1) In those cases where a review is referred only for
disciplinary action before the State Personnel Board or for other
administrative proceedings, the employing entity shall, within 10
days of receipt of the State Personnel Board's order rendered in
other administrative proceedings, provide the Inspector General with
a copy of the order. The Inspector General shall attach the order to
the public report on his or her Internet Web site and provide copies
of the report and order to the Legislature, as well as to any
complaining employee and any employee who was the subject of the
review.
(2) In those cases where the employing entity and the employee
against whom disciplinary action has been taken enter into a
settlement agreement concerning the disciplinary action, the
employing entity shall, within 10 days of the settlement agreement
becoming final, notify the Inspector General in writing of that fact
and shall describe what disciplinary action, if any, was ultimately
imposed on the employee. The Inspector General shall include the
settlement information in the public report on his or her Internet
Web site and provide copies of the report to the Legislature, as well
as to any complaining employee and any employee who was the subject
of the review.
(3) In those cases where the employing entity declines to pursue
disciplinary action against an employee, the employing entity shall,
within 10 days of its decision, notify the Inspector General in
writing of its decision not to pursue disciplinary action, setting
forth the reasons for its decision. The Inspector General shall
include the decision and rationale in the public report on his or her
Internet Web site and provide copies of the report to the
Legislature, as well as to any complaining employee and any employee
who was the subject of the review.
(4) In those cases where a review has been referred for possible
criminal prosecution, and the applicable local law enforcement agency
or the Attorney General has decided to commence criminal proceedings
against an employee, the report shall be made public at a time
deemed appropriate by the Inspector General after consultation with
the local law enforcement agency or the Attorney General, but in all
cases no later than when discovery has been provided to the defendant
in the criminal proceedings. The Inspector General shall thereafter
post the public report on his or her Internet Web site and provide
copies of the report to the Legislature, as well as to any
complaining employee and any employee who was the subject of the
review.
(5) In those cases where the local law enforcement agency or the
Attorney General declines to commence criminal proceedings against an
employee, the local law enforcement agency or the Attorney General
shall, within 30 days of reaching that decision, notify the Inspector
General of that fact. The Inspector General shall include the
decision in the public report on his or her Internet Web site and
provide copies of the report to the Legislature, as well as to any
complaining employee and any employee who was the subject of the
review.
(6) In those cases where a review has not been referred for
disciplinary action, other administrative proceedings, or criminal
prosecution, the Inspector General shall include the decision not to
refer the matter in the public report on his or her Internet Web site
and provide copies of the report to the Legislature, as well as to
any complaining employee and any employee who was the subject of the
review.
SEC. 131. Section 6242.6 of the Penal
Code is amended to read:
6242.6. (a) The board shall provide evaluation of the progress,
activities, and performance of each center and participating county's
progress established pursuant to this chapter and shall report the
findings thereon to the Legislature two years after the operational
onset of each facility.
(b) The board also shall provide to the Joint Legislative
Committee on Prison Construction and Operations and to the Joint
Legislative Budget Committee, on January 1 of each year beginning
1992, a report on the progress of contracting with counties for
centers as provided in this chapter.
(c)
(b) The board shall select an outside monitoring firm
in cooperation with the Auditor General's office, to critique and
evaluate the programs and their rates of success based on recidivism
rates, drug use, and other factors it deems appropriate. Two years
after the programs have begun operations, the report shall be
provided to the Joint Legislative Prisons Committee, participating
counties, the department, the Department of Alcohol and Drug
Programs, the State Department of Health Services, and other sources
the board deems of value. Notwithstanding subdivision (k) of Section
6242, one hundred fifty thousand dollars ($150,000) is hereby
appropriated from the funds disbursed under this chapter from the
1990 Prison Construction Fund to the Board of Corrections to be used
for program evaluation under this subdivision.
(d)
(c) The department shall be responsible for the ongoing
monitoring of contract compliance for state offenders placed in each
center.
SEC. 132. Section 8061 of the Penal
Code is amended to read:
8061. The board, in collaboration with state, local, and
community-based departments, agencies, and organizations shall do the
following:
(a) Describe the parameters of effective community-based
punishment programs and the relationship between the state and local
jurisdictions in meeting the purposes of this chapter.
(b) Develop and implement a process by which local jurisdictions
are selected and can participate in pilot efforts initiated under
this chapter.
(c) Develop and implement the process by which counties
participating in accordance with this chapter annually submit their
community-based punishment program proposals for approval,
modification, or both.
(d) Design and implement a process for annually awarding funds to
counties participating pursuant to this chapter to implement their
community-based punishment program proposals, and administer and
monitor the receipt, expenditure, and reporting of those funds by
participating counties.
(e) Provide technical assistance and support to counties and
community correctional administrators in determining whether to
participate in community-based punishment programs, and in either
developing or annually updating their punishment programs.
(f) Facilitate the sharing of information among counties and
between county and state agencies relative to community-based
punishment approaches and programs being initiated or already in
existence, strengths and weaknesses of specific programs, specific
offender groups appropriate for different programs, results of
program evaluations and other data, and anecdotal material that may
assist in addressing the purposes of this chapter.
(g) Adopt and periodically revise regulations necessary to
implement this chapter.
(h) Design and provide for regular and rigorous evaluation of the
community-based punishment programming undertaken pursuant to
approved community-based punishment plans.
(i) Design and provide for analysis and evaluation of the pilot
and any subsequent implementation of this chapter, with areas of
analysis to include, at a minimum, the following:
(1) The relationship between the board and counties or
collaborations of counties submitting county community-based
punishment plans.
(2) The effectiveness of this chapter in encouraging the use of
intermediate as well as traditional sanctions.
(3) The categories of offenders most suitable for specific
intermediate sanctions, various aspects of community-based punishment
programming, or both.
(4) The effectiveness of the programs implemented pursuant to this
chapter in maintaining public safety.
(5) The cost-effectiveness of the programs implemented pursuant to
this chapter.
(6) The effect of the programs implemented pursuant to this
chapter on prison, jail, and Department of the Youth Authority
populations.
(j) On January 1, 1997, and annually thereafter, the board shall,
upon request, provide the Legislature with a progress report on the
status of the implementation of this chapter.
SEC. 133. Section 11501 of the Penal
Code is amended to read:
11501. (a) There is hereby established in the California
Emergency Management Agency, a program of financial assistance to
provide for statewide programs of education, training, and research
for local public prosecutors and public defenders. All funds made
available to the agency for the purposes of this chapter shall be
administered and distributed by the secretary of the agency.
(b) The Secretary of Emergency Management is authorized to
allocate and award funds to public agencies or private nonprofit
organizations for purposes of establishing statewide programs of
education, training, and research for public prosecutors and public
defenders, which programs meet criteria established pursuant to
Section 11502.
(c) Annually, the secretary shall submit a report to the
Legislature describing the operation and accomplishments of the
statewide programs authorized by this title.
SEC. 134. Section 13777 of the Penal
Code is amended to read:
13777. (a) Except as provided in subdivision (d), the Attorney
General shall do each of the following:
(1) Collect information relating to anti-reproductive-rights
crimes, including, but not limited to, the threatened commission of
these crimes and persons suspected of committing these crimes or
making these threats. This information shall be published on
the Department of Justice Internet Web site in a manner that shall
distinguish between crimes of violence, including, but not limited
to, violations of subdivisions (a) and (e) of Section 423.2, and
nonviolent crimes, including, but not limited to, violations of
subdivision (c) of Section 423.2.
(2) Direct local law enforcement agencies to provide to the
Department of Justice, in a manner that the Attorney General
prescribes, any information that may be required relative to
anti-reproductive-rights crimes. The report of each crime that
violates Section 423.2 shall note the subdivision that prohibits the
crime. The report of each crime that violates any other law shall
note the code, section, and subdivision that prohibits the crime. The
report of any crime that violates both Section 423.2 and any other
law shall note both the subdivision of Section 423.2 and the other
code, section, and subdivision that prohibits the crime.
(3) On or before July 1, 2003, and every July 1 thereafter,
publish the information it obtains pursuant to this section on the
Department of Justice Internet Web site.
(4)
(3) Develop a plan to prevent, apprehend, prosecute,
and report anti-reproductive-rights crimes, and to carry out the
legislative intent expressed in subdivisions (c), (d), (e), and (f)
of Section 1 of the act that enacts this title in the 2001-02 Regular
Session of the Legislature.
(b) In carrying out his or her responsibilities under this
section, the Attorney General shall consult the Governor, the
Commission on Peace Officer Standards and Training, and other subject
matter experts.
(c) The Attorney General shall implement this section to the
extent the Legislature appropriates funds in the Budget Act or
another statute for this purpose.
SEC. 135. Section 13820.1 is added to the
Penal Code , to read:
13820.1. (a) 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 for each component of all grant programs related to criminal
justice or victim services that are administered by the agency. This
information shall also be provided, to the extent possible, for each
of the following:
(1) Funds allocated for the purposes specified in paragraph (1) of
subdivision (c) of Section 13821.
(2) Funds allocated for the purposes specified in paragraph (2) of
subdivision (c) of Section 13821.
(3) Funds allocated for the purposes specified in paragraph (3) of
subdivision (c) of Section 13821.
(4) Funds allocated for the purposes specified in paragraph (4) of
subdivision (c) of Section 13821.
(5) Funds allocated for the purposes specified in paragraph (5) of
subdivision (c) of Section 13821.
(6) Funds allocated for the purposes specified in paragraph (6) of
subdivision (c) of Section 13821.
(b) 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 all
grant programs related to criminal justice or victim services that
are administered by the agency. This information shall also be
provided, to the extent possible, for each of the following:
(1) Funds allocated for the purposes specified in paragraph (1) of
subdivision (c) of Section 13821.
(2) Funds allocated for the purposes specified in paragraph (2) of
subdivision (c) of Section 13821.
(3) Funds allocated for the purposes specified in paragraph (3) of
subdivision (c) of Section 13821.
(4) Funds allocated for the purposes specified in paragraph (4) of
subdivision (c) of Section 13821.
(5) Funds allocated for the purposes specified in paragraph (5) of
subdivision (c) of Section 13821.
(6) Funds allocated for the purposes specified in paragraph (6) of
subdivision (c) of Section 13821.
SEC. 136. Section 13847 of the Penal
Code is amended to read:
13847. (a) There is hereby established in the agency a program of
financial and technical assistance for local law enforcement, called
the Rural Indian Crime Prevention Program. The program shall target
the relationship between law enforcement and Native American
communities to encourage and to strengthen cooperative efforts and to
implement crime suppression and prevention programs.
(b) The secretary may allocate and award funds to those local
units of government, or combinations thereof, in which a special
program is established in law enforcement agencies that meets the
criteria set forth in Sections 13847.1 and 13847.2.
(c) The allocation and award of funds shall be made upon
application executed by the chief law enforcement officer of the
applicant unit of government and approved by the legislative body.
Funds disbursed under this chapter shall not supplant local funds
that would, in the absence of the Rural Indian Crime Prevention
Program, be made available to support the suppression and prevention
of crime on reservations and rancherias.
(d) The secretary shall prepare and issue administrative
guidelines and procedures for the Rural Indian Crime Prevention
Program consistent with this chapter.
(e) The guidelines shall set forth the terms and conditions upon
which the agency is prepared to offer grants of funds pursuant to
statutory authority. The guidelines do not constitute rules,
regulations, orders, or standards of general application.
(f) Every three years, commencing on and after January 1, 1991,
the secretary shall prepare a report to the Legislature describing in
detail the operation of the program and the results obtained from
law enforcement rural Indian crime prevention programs receiving
funds under this chapter.
SEC. 137. Section 10262.5 of the Public
Contract Code is amended to read:
10262.5. (a) Notwithstanding any other law, a prime contractor or
subcontractor shall pay to any subcontractor, not later than seven
days after receipt of each progress payment, the respective amounts
allowed the contractor on account of the work performed by the
subcontractors, to the extent of each subcontractor's interest
therein. In the event that there is a good faith dispute over all or
any portion of the amount due on a progress payment from the prime
contractor or subcontractor to a subcontractor, then the prime
contractor or subcontractor may withhold no more than 150 percent of
the disputed amount.
Any contractor who violates this section shall pay to the
subcontractor a penalty of 2 percent of the amount due per month for
every month that payment is not made. In any action for the
collection of funds wrongfully withheld, the prevailing party shall
be entitled to his or her attorney's fees and costs.
(b) This section shall not be construed to limit or impair any
contractual, administrative, or judicial remedies otherwise available
to a contractor or a subcontractor in the event of a dispute
involving late payment or nonpayment by a contractor or deficient
subcontract performance or nonperformance by a subcontractor.
(c) On or before September 1 of each year, the head of each state
agency shall submit to the Legislature a report on the number and
dollar volume of written complaints received from subcontractors and
prime contractors on contracts in excess of three hundred thousand
dollars ($300,000), relating to violations of this section.
SEC. 138. Section 4124 of the Public
Resources Code is amended to read:
4124. Not later than 120 days after the last date of
each fiscal quarter, the The
department shall submit an annual report to the Joint
Legislative Budget Committee, in accordance with Section 9795 of the
Government Code, regarding emergency incidents funded entirely or in
part from Item 3540-006-0001 of Section 2.00 of the annual Budget
Act, commonly referred to as the "emergency fund," or from a similar
provision of any future Budget Act that provides funds for emergency
fire suppression and detection costs and
related emergency revegetation costs, and for
which the department administratively classifies these funds as being
expended from the emergency fund. The report shall include all of
the following:
(a) For each incident that is estimated to cost more than five
million dollars ($5,000,000), as adjusted annually by the department
to account for inflation using the California Consumer Price Index
published by the Department of Industrial Relations, the report shall
include all of the following information, to the extent the
information is known by the department:
(1) The administrative district or districts and the county or
counties in which the incident occurred, and whether the incident
occurred in a state responsibility area, local responsibility area,
federal responsibility area, or some combination of those areas.
(2) A general description of the incident and the department's
response to the incident.
(3) The total estimated cost of the incident, listed by
appropriate category, including, but not limited to, overtime,
additional staffing, inmate costs, travel, accommodations, air
support, and nonstate vendor costs.
(4) The estimated costs charged to the emergency fund, listed by
appropriate category, including, but not limited to, overtime,
additional staffing, inmate costs, travel, accommodations, air
support, and nonstate vendor costs.
(5) The number of personnel and equipment assigned to the
incident, including state resources, federal resources, and local
resources.
(6) Whether the state's costs to respond to the incident are
eligible for reimbursement from the federal government or a local
government.
(7) Whether the department had performed any fuel reduction,
vegetation management, controlled burns, or other fuel treatment in
the area of the incident that impacted either the course of the
incident or the department's response to the incident.
(b) For each incident that is estimated to cost less than five
million dollars ($5,000,000), as adjusted annually by the department
to account for inflation using the California Consumer Price Index
published by the Department of Industrial Relations, the report shall
include a list of those incidents, specifying each incident's total
estimated cost and total estimated costs charged to the emergency
fund.
(c) Information on any other costs paid in whole or in part from
the emergency fund.
SEC. 139. Section 4137 of the Public
Resources Code is amended to read:
4137. (a) For purposes of this section, "fire prevention
activities" include, but are not limited to, all of the following:
(1) Fire prevention education.
(2) Hazardous fuel reduction and vegetation management.
(3) Fire investigation.
(4) Civil cost recovery.
(5) Forest and fire law enforcement.
(6) Fire prevention engineering.
(7) Prefire planning.
(8) Risk analysis.
(9) Volunteer programs and partnerships.
(b) It is the intent of the Legislature that the year-round
staffing and the extension of the workweek that has been provided to
the department pursuant to memorandums of understanding with the
state will result in significant increases in the department's
current level of fire prevention activities. It is also the intent of
the Legislature that the budgetary augmentations for year-round
staffing not reduce the reimbursements that the department receives
from contracts with local governments for the department to provide
local fire protection and emergency services pursuant to Section
4144, commonly referred to as "Amador agreements." It is
also the intent of the Legislature that the department provide an
annual Fire Prevention Activities Report to keep the Legislature
informed of the efforts undertaken by the department to help mitigate
both of the following:
(1) Overall fire risks and associated threats to life and safety.
(2) State fire protection costs where feasible.
(c) On or before January 10 of each year, the department shall
provide a report to the Legislature, including the budget and fiscal
committees of the Assembly and the Senate, in accordance with Section
9795 of the Government Code, detailing the department's fire
prevention activities, including the increased activities described
in subdivision (b). The report shall display the fire prevention
activities of the previous fiscal year, as well as the information
from previous reports for purposes of a comparison of data. The
report shall include all of the following:
(1) Fire prevention activities performed by the department on
lands designated as state responsibility areas, and by counties,
where, pursuant to a contract with the department, a county has
agreed to provide fire protection services in state responsibility
areas within county boundaries on behalf of the department. The fire
prevention activities included in the report pursuant to this
paragraph shall include, but not be limited to, all of the following:
(A) The number of hours of fire prevention education performed.
(B) The number of defensible space inspections conducted,
including statewide totals and totals for each region.
(C) The number of citations issued for noncompliance with Section
4291.
(D) The number of acres treated by mechanical fuel reduction.
(E) The number of acres treated by prescribed burns.
(F) Any other data or qualitative information deemed necessary by
the department in order to provide the Legislature with a clear and
accurate accounting of fire prevention activities, particularly with
regard to variations from one year to the next.
(2) The fire prevention performance measures described in
subparagraphs (A) to (F), inclusive, of paragraph (1) shall be
reported for each region annually, including activities performed
from December 15 to April 15, inclusive.
(3) Projected fire prevention activities for the following fiscal
year.
(4) Information on each of the "Amador contracts" described in
subdivision (b), including an annual update on the number of those
contracts and reimbursements received from the contracts that are in
effect.
SEC. 140. Section 4214 of the Public
Resources Code is amended to read:
4214. (a) Fire prevention fees collected pursuant to this chapter
shall be expended, upon appropriation by the Legislature, as
follows:
(1) The State Board of Equalization shall retain moneys necessary
for the payment of refunds pursuant to Section 4228 and reimbursement
of the State Board of Equalization for expenses incurred in the
collection of the fee.
(2) The moneys collected, other than that retained by the State
Board of Equalization pursuant to paragraph (1), shall be deposited
into the State Responsibility Area Fire Prevention Fund, which is
hereby created in the State Treasury, and shall be available to the
board and the department to expend for fire prevention activities
specified in subdivision (d) that benefit the owners of structures
within a state responsibility area who are required to pay the fire
prevention fee. The amount expended to benefit the moneys of
structures within a state responsibility area shall be commensurate
with the amount collected from the owners within that state
responsibility area. All moneys in excess of the costs of
administration of the board and the department shall be expended only
for fire prevention activities in counties with state responsibility
areas.
(b) (1) The fund may also be used to cover the costs of
administering this chapter.
(2) The fund shall cover all startup costs incurred over a period
not to exceed two years.
(c) It is the intent of the Legislature that the moneys in this
fund be fully appropriated to the board and the department each year
in order to effectuate the purposes of this chapter.
(d) Moneys in the fund shall be used only for the following fire
prevention activities, which shall benefit owners of structures
within the state responsibility areas who are required to pay the
annual fire prevention fee pursuant to this chapter:
(1) Local assistance grants pursuant to subdivision (e).
(2) Grants to Fire Safe Councils, the California Conservation
Corps, or certified local conservation corps for fire prevention
projects and activities in the state responsibility areas.
(3) Grants to a qualified nonprofit organization with a
demonstrated ability to satisfactorily plan, implement, and complete
a fire prevention project applicable to the state responsibility
areas. The department may establish other qualifying criteria.
(4) Inspections by the department for compliance with defensible
space requirements around structures in state responsibility areas as
required by Section 4291.
(5) Public education to reduce fire risk in the state
responsibility areas.
(6) Fire severity and fire hazard mapping by the department in the
state responsibility areas.
(7) Other fire prevention projects in the state responsibility
areas, authorized by the board.
(e) (1) The board shall establish a local assistance grant program
for fire prevention activities designed to benefit structures within
state responsibility areas, including public education, that are
provided by counties and other local agencies, including special
districts, with state responsibility areas within their
jurisdictions.
(2) In order to ensure an equitable distribution of funds, the
amount of each grant shall be based on the number of structures in
state responsibility areas for which the applicant is legally
responsible and the amount of moneys made available in the annual
Budget Act for this local assistance grant program.
(f) By January 1, 2013, and annually thereafter, the board shall
submit to the Legislature a written report on the status and uses of
the fund pursuant to this chapter. The board shall work
colloratively with the Department of Forestry and Fire Protection in
preparing the written report pursuant to this subdivision. The
written report shall also include an evaluation of the benefits
received by counties based on the number of structures in state
responsibility areas within their jurisdictions, the effectiveness of
the board's grant programs, the number of defensible space
inspections in the reporting period, the degree of compliance with
defensible space requirements, measures to increase compliance, if
any, and any recommendations to the Legislature.
(g) (1) The requirement for submitting a report imposed under
subdivision (f) is inoperative on January 1, 2017, pursuant to
Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (f) shall be
submitted in compliance with Section 9795 of the Government Code.
(h) It is essential that this article be implemented without
delay. To permit timely implementation, the department may contract
for services related to the establishment of the fire prevention fee
collection process. For this purpose only, and for a period not to
exceed 24 months, the provisions of the Public Contract Code or any
other provision of law related to public contracting shall not apply.
SEC. 141. Section 4612 of the Public
Resources Code is repealed.
4612. The director shall report to the board and the Legislature
by January 15 of each year on the enforcement of, and the amount of
penalties and fines imposed and collected pursuant to, this article,
including, but not limited to, those penalties and fines imposed and
collected pursuant to Sections 4601, 4601.1, and 4601.5. The report
shall specifically identify the location and ownership of all
properties where persons were cited for violations requiring
corrective action by the department pursuant to Section 4607, the
nature and cost of the corrective actions, and whether all related
expenses incurred by the state have been reimbursed by the
responsible party.
SEC. 142. Section 5004.5 of the Public
Resources Code is amended to read:
5004.5. (a) The California Youth Soccer and Recreation
Development Program is hereby created in the department. The
department shall administer the program, which is intended to provide
assistance to local agencies and community-based organizations with
regard to funding, and fostering the development of, new youth
soccer, baseball, softball, and basketball recreation opportunities
in the state.
(b) After all grants authorized under this program have been
awarded, the department shall report to the Budget Committee of the
Assembly and the Budget and Fiscal Review Committee of the Senate on
the number of grant applications received, the total amount of funds
sought by applicants, and the number of eligible applications that
were not funded.
(c)
(b) The California Youth Soccer and Recreation
Development Fund is hereby created in the State Treasury, to be used
as a repository of funds derived from federal, state, and private
sources to be used for the program.
(d)
(c) The department shall award grants, on a competitive
basis, to local agencies and community-based organizations for the
purposes of the program, subject to an appropriation therefor. The
department shall also develop eligibility guidelines for the award of
grants that give preference to those communities that provide
matching funds for grants, and that are heavily populated, low-income
urban areas with a high youth crime and unemployment rate. The
guidelines shall also require that preference be given to those inner
city properties that may be leased for periods of at least five
years or more for recreational purposes. The department shall conduct
public hearings throughout the state prior to final adoption of
eligibility guidelines.
(e)
(d) Any regulation, guideline, or procedural guide
adopted or developed pursuant to this section is not subject to the
review or approval of the Office of Administrative Law or to any
other requirement of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
(f)
(e) For purposes of this section, the following terms
have the following meanings:
(1) "Community-based organization" means an organization that
enters into a cooperative agreement with the department pursuant to
Section 513, a nonprofit group or organization, or a friends of parks
group or organization of a city, county, city and county, and
regional park. All community-based organizations shall have a current
tax-exempt status as a nonprofit organization under Section 501(c)
(3) of the federal Internal Revenue Code.
(2) "Local agency" means a city, county, city and county, park and
recreation district, open-space district, or school district.
(g)
(f) This section shall be implemented only upon
appropriation of sufficient funds to the department for that purpose.
(h)
(g) All funds received by the department pursuant to
this section shall be encumbered within three years of the date of
the appropriation and expended within eight years from the date of
the appropriation.
(i)
(h) Nothing in this section is intended to prohibit
community-based organizations from acting in partnership with
organizations that do not have tax-exempt status as a nonprofit
organization under Section 501(c)(3) of the federal Internal Revenue
Code.
SEC. 143. Section 5095.53 of the Public
Resources Code is amended to read:
5095.53. The plan shall include a specific timeline for
implementation. By January 1, 2009, the department shall
report to the Legislature on the plan and timeline for implementation
of the plan.
SEC. 144. Section 5096.162 of the
Public Resources Code is amended to read:
5096.162. (a) Any Member of the Legislature, the State Park and
Recreation Commission, the California Coastal Commission, or the
Secretary of the Resources Agency may nominate any project to be
funded under this article for study by the Department of Parks and
Recreation. Any of the commissions shall make nominations by vote of
its membership.
(b) The Department of Parks and Recreation shall study any project
so nominated. In addition to the procedures required by
Section 5006, the Department of Parks and Recreation shall submit to
the Legislature annually a report consisting of a prioritized listing
and comparative evaluation of all projects nominated for study, in
accordance with the following schedule:
(1) March 1, 1981, for projects nominated prior to January 15,
1981.
(2) November 1, 1981, for projects nominated prior to June 30,
1981, and after January 15, 1981.
(3) November 1, 1982, and each November 1 thereafter for projects
nominated during the 12 months ending June 30, 1982, and each June 30
thereafter.
(c) Projects proposed for appropriation for the state park system
pursuant to subdivision (b) of Section 5096.151 shall be subject to
the favorable recommendation of the State Park and Recreation
Commission. Projects recommended by the commission shall be forwarded
to the Director of Finance for inclusion in the Budget Bill.
SEC. 145. Section 5096.242 of the
Public Resources Code is amended to read:
5096.242. (a) Any Member of the Legislature, the State Park and
Recreation Commission, the California Coastal Commission, or the
Secretary of the Resources Agency may nominate any project to be
funded under this article for study by the Department of Parks and
Recreation. The State Park and Recreation Commission shall nominate
projects after holding at least one public hearing to seek project
proposals from individuals, citizen groups, the Department of Parks
and Recreation, and other public agencies. Any of the commissions
shall make nominations by vote of its membership.
(b) The Department of Parks and Recreation shall study any project
so nominated. In addition to the procedures required by
Section 5006, the Department of Parks and Recreation shall submit to
the Legislature and to the Secretary of the Resources Agency annually
a report consisting of a prioritized listing and comparative
evaluation of all projects nominated for study, in accordance with
the following schedule:
(1) March 1, 1985, for projects nominated prior to January 1,
1985.
(2) November 1, 1985, for projects nominated prior to June 30,
1985, and after January 1, 1985.
(3) November 1, 1986, and each November 1 thereafter for projects
nominated during the 12 months ending June 30, 1986, and each June 30
thereafter.
(c) Nominated projects shall be approved by the Secretary of the
Resources Agency and forwarded by the secretary to the Director of
Finance for inclusion in the Budget Bill.
SEC. 146. Section 5096.320 of the
Public Resources Code is amended to read:
5096.320. The Legislature hereby recognizes that public financial
resources are inadequate to meet all capital outlay needs of the
state park system and that the need for the acquisition, development,
restoration, rehabilitation, improvement, and protection of state
park system lands and facilities has increased to the point that
their continued well-being and the realization of their full public
benefit is in jeopardy.
(a) The department shall annually submit to the Legislature and to
the secretary a report, consisting of a prioritized listing and
comparative evaluation of needs.
(b) Projects
Projects approved by the secretary shall be forwarded
by the secretary to the Director of Finance for inclusion in the
Budget Bill.
SEC. 147. Section 5096.340 of the
Public Resources Code is amended to read:
5096.340. (a) Not less than 11 percent of the funds authorized in
paragraph (1) of subdivision ( l ) of Section 5096.310
shall be available as grants on a competitive basis to cities,
counties, and nonprofit organizations for the development or
rehabilitation of real property consisting of urban recreational and
cultural centers, museums, and facilities for wildlife education or
environmental education.
(b) To be eligible for funding, a project shall initially be
nominated by a Member of the Legislature for study by the department.
The department shall study each project so nominated and,
prior to the April 1 preceding the fiscal year in which funds are
proposed to be appropriated, shall submit to the Legislature a
prioritized listing and comparative evaluation of all projects
nominated prior to the preceding July 1.
(c) In establishing priorities of projects, the department shall
consider any favorable project characteristics, including, but not
limited to, all of the following:
(1) The project will interpret one or more important California
historical, cultural, economic, or resource themes or an important
historical, cultural, economic, technological, or resource theme in a
major region of California. Higher priority shall be assigned to
projects whose themes are not interpreted in any existing museum or
have demonstrable deficiencies in their presentation in an existing
museum.
(2) The project is proposed to be operated on lands that are
already in public ownership or on lands that will be acquired and
used for the project in conjunction with adjoining public lands.
(3) Projects that are closely related geographically to the
resources, activity, structure, place, or collection of objects to be
interpreted, and are close to population centers and access routes.
(4) Projects that are in, or close to, population centers or are
adjacent to, or readily served by, a state highway or other mode of
public transportation.
(5) Projects for which there are commitments, or the serious
likelihood of commitments, of funds or the donation of land or other
property suitable for the project.
(d) The department shall annually forward a list of the highest
priority projects to the Department of Finance for inclusion in the
Budget Bill.
(e) An application for a grant for a cooperative museum project
shall be submitted jointly by the city, county, or other public
agency, an institute of higher learning, or a nonprofit organization
that cooperatively is operating, or will operate, the project.
SEC. 148. Section 5631 of the Public
Resources Code is amended to read:
5631. The department, in cooperation with the federal government,
local public agencies, and appropriate representatives of industry,
shall, from time to time as needed but no less frequently than once
every five years, coordinate and conduct a statewide needs analysis
in relation to the purposes of this chapter. That analysis shall
include a full review of the grant program authorized pursuant to
this chapter. The department shall report its findings and
recommendations from any analysis, including recommendations as to
funding levels and sources in connection with the grant program, to
the Legislature. The department may recommend specific legislative
changes to the program.
SEC. 149. Section 5632 of the Public
Resources Code is repealed.
5632. The director shall, on or before January 1, 1978, and
January 1 of each year thereafter, submit a report to the Legislature
on all grants made pursuant to this chapter.
SEC. 150. Section 6217.8 of the Public
Resources Code is amended to read:
6217.8. (a) For purposes of this section, "fund" means the Oil
Trust Fund established pursuant to subdivision (b).
(b) The Oil Trust Fund is hereby established in the State
Treasury, and the moneys in the fund are hereby appropriated to the
commission in accordance with this section.
(c) (1) On or before March 1, 2006, the City of Long Beach shall
pay to the State Lands Commission all money, including both principal
and interest, in the abandonment reserve fund that the city created
in 1999 and that was the subject of the litigation in State of
California ex rel. California State Lands Commission v. City of Long
Beach (2005) 125 Cal.App.4th 767.
(2) The Controller shall deposit in the fund any funds paid to the
commission pursuant to paragraph (1).
(3) Except as provided in paragraph (4), on the last day of each
month beginning July 31, 2006, the Controller shall transfer to the
fund the amount of two million dollars ($2,000,000) or 50 percent of
remaining oil revenue, as described in subdivision (d) of Section 4
of Chapter 138 of the Statutes of 1964, First Extraordinary Session
to the Oil Trust Fund, whichever is less.
(4) Beginning July 1, 2005, and ending December 31, 2005, any
contributions to the fund shall be suspended, except those funds
described in paragraphs (1) and (2). During that period the
Controller shall transfer four million dollars ($4,000,000) monthly
to the General Fund from oil revenues, as described in subdivision
(d) of Section 4 of Chapter 138 of the Statutes of 1964, First
Extraordinary Session.
(5) Beginning January 1, 2006, and ending June 30, 2006, the
amount contributed to the fund shall be the amount specified in
paragraph (3). During that period the Controller shall also transfer
two million dollars ($2,000,000) monthly to the General Fund from oil
revenues, as described in subdivision (d) of Section 4 of Chapter
138 of the Statutes of 1964, First Extraordinary Session.
(d) (1) The total amount deposited in the fund shall not exceed
three hundred million dollars ($300,000,000). From the date the
balance in the fund totals three hundred million dollars
($300,000,000), all interest earned thereafter shall be transferred
to the General Fund.
(2) All interest earned on the money in the abandonment reserve
fund specified in paragraph (1) of subdivision (c) shall be
transferred to the fund.
(3) The commission shall expend the money from the fund solely to
finance the costs of well abandonment, pipeline removal, facility
removal, remediation, and other costs associated with removal of oil
and gas facilities from the Long Beach tidelands that are not the
responsibility of other parties.
(4) All money remaining in the fund after completion of all
activities described in subdivision (3) shall be transferred to the
General Fund.
(e) The moneys deposited in the fund are hereby appropriated to the
commission commencing when all of the following conditions are met:
(1) The City of Long Beach adopts a resolution declaring that the
oil revenue described in subdivision (d) of Section 4 of Chapter 138
of the Statutes of 1964, First Extraordinary Session, is insufficient
to fund the costs of activities described in paragraph (3) of
subdivision (d) of this section.
(2) The City of Long Beach transmits to the commission a copy of
the resolution and all necessary accompanying documentation,
including a plan for expenditures for the activities described in
paragraph (3) of subdivision (d).
(3) The commission reviews the material provided in paragraph (2)
and notifies the Controller within 60 calendar days of receiving the
material specified in paragraph (2), that expenditure from the fund
may be made so that activities described in paragraph (3) of
subdivision (d) can begin. The commission shall provide a schedule
for expenditures for disbursement of moneys from the fund to the City
of Long Beach. The commission shall submit a copy of the schedule to
the Department of Finance and to the fiscal and appropriate policy
committees of the Legislature.
(f) On or before January 1, 2007, the commission shall report to
the Director of Finance and the chairpersons of the appropriate
legislative committees on both the following:
(1) A forecast of when the tidelands oil fields will be abandoned
and require environmental mitigation.
(2) An estimate of the likely costs to mitigate the effects of
extraction in the tidelands oil fields.
SEC. 151. Section 6331.5 of the Public
Resources Code is amended to read:
6331.5. The commission shall make an inventory to ascertain and
describe by metes and bounds the location and extent of all ungranted
tidelands. The commission shall, in a local agency where the
ungranted tideland boundary is described by metes and bounds, acquire
and evaluate the existing boundary description to determine whether
or not additional surveys should be conducted. When available, the
local agency shall provide copies of the descriptions, together with
all materials supporting the descriptions, including field notes and
other basic data, to the commission at no cost, other than the
reproduction cost, to the state.
No appropriation is made by the act adding this section, nor is an
obligation created thereby, for the reimbursement of a local agency
for costs, other than reproduction costs, that may be incurred by it
in carrying on a program or performing a service required to be
carried on or performed by it by this section. Reimbursements for
reproduction expenditures shall be made by the commission from
appropriations to the commission for the preparation of the
inventory.
The commission shall evaluate each survey and shall adopt boundary
descriptions already in common use where these metes and bounds
descriptions approximate the existing line of ordinary high water
where it is in a state of nature, or where the descriptions
approximate the last position occupied in a state of nature by the
line of ordinary high water in areas where the existing shoreline has
ceased to be in a state of nature, and where sound engineering
practices were used to conduct the survey. If metes and bounds
descriptions of tideland boundaries are not available, or if the
surveys do not describe the tideland boundary in a state of nature as
hereinbefore defined, or if unsound engineering practices were used
to describe a tideland boundary, the commission may conduct its own
survey. Unless otherwise provided by law, prior to undertaking a
survey on ungranted tidelands, the commission shall prepare an
inventory of those ungranted tidelands that will require a commission
survey and shall submit a report of its findings to the
Legislature. The report shall contain a geographic identification of
the ungranted tidelands that will require a survey, a plan
establishing priorities for the orderly conduct of the needed
surveys, and an estimate of the cost needed to complete the surveys
.
SEC. 152. Section 12290 of the Public
Resources Code is repealed.
12290. Commencing on January 1, 2009, and each January 1
thereafter, the department shall report to the Governor and the
Legislature on its implementation of this division during the
preceding calendar year. The report shall include, but not be limited
to, information concerning applications made pursuant to this
division, participating landowners, easement holders under Section
12244, and a description of all easements purchased.
SEC. 153. Section 12291 of the Public
Resources Code is repealed.
12291. The department shall make available to the public on its
Internet Web site a list of conservation easements acquired through
the program. The list shall include information specified in
paragraphs (2) to (6), inclusive, of subdivision (c) of Section
5096.520. The list shall be updated biennially.
SEC. 154. Section 25401.9 of the Public
Resources Code is amended to read:
25401.9. (a) To the extent that funds are available, the
commission, in consultation with the Department of Water Resources,
shall adopt by regulation, after holding one or more public hearings,
performance standards and labeling requirements for landscape
irrigation equipment, including, but not limited to, irrigation
controllers, moisture sensors, emission devices, and valves, for the
purpose of reducing the wasteful, uneconomic, inefficient, or
unnecessary consumption of energy or water.
(b) For the purposes of complying with subdivision (a), the
commission shall do all both of the
following:
(1) Adopt performance standards and labeling requirements for
landscape irrigation controllers and moisture sensors on or before
January 1, 2010.
(2) Consider the Irrigation Association's Smart Water Application
Technology Program testing protocols when adopting performance
standards for landscape irrigation equipment, including, but not
limited to, irrigation controllers, moisture sensors, emission
devices, and valves.
(3) Prepare and submit a report to the Legislature, on or before
January 1, 2010, that sets forth on a proposed schedule for adopting
performance standards and labeling requirements for emission devices
and valves.
(c) On and after January 1, 2012, an irrigation controller or
moisture sensor for landscape irrigation uses may not be sold or
installed in the state unless the controller or sensor meets the
performance standards and labeling requirements established pursuant
to this section.
SEC. 155. Section 25722.5 of the Public
Resources Code is amended to read:
25722.5. (a) In order to achieve the policy objectives set forth
in Sections 25000.5 and 25722, the Department of General Services, in
consultation with the commission and the State Air Resources Board,
shall develop and adopt specifications and standards for all
passenger cars and light-duty trucks that are purchased or leased on
behalf of, or by, state offices, agencies, and departments. An
authorized emergency vehicle, as defined in Section 165 of the
Vehicle Code, that is equipped with emergency lamps or lights
described in Section 25252 of the Vehicle Code is exempt from the
requirements of this section. The specifications and standards shall
include the following:
(1) Minimum air pollution emission specifications that meet or
exceed California's Ultra-Low Emission Vehicle II (ULEV II) standards
for exhaust emissions (13 Cal. Code Regs. 1961). These
specifications shall apply on January 1, 2006, for passenger cars and
on January 1, 2010, for light-duty trucks.
(2) Notwithstanding any other provision of law, the utilization of
procurement policies that enable the Department of General Services
to do all of the following:
(A) Evaluate and score emissions, fuel costs, and fuel economy in
addition to capital cost to enable the Department of General Services
to choose the vehicle with the lowest life-cycle cost when awarding
a state vehicle procurement contract.
(B) Maximize the purchase or lease of hybrid or "Best in Class"
vehicles that are substantially more fuel efficient than the class
average.
(C) Maximize the purchase or lease of available vehicles that meet
or exceed California's Super Ultra-Low Emission Vehicle (SULEV)
passenger car standards for exhaust emissions.
(D) Maximize the purchase or lease of alternative fuel vehicles.
(3) In order to discourage the unnecessary purchase or leasing of
a sport utility vehicle and a four-wheel drive truck, a requirement
that each state office, agency, or department seeking to purchase or
lease that vehicle, demonstrate to the satisfaction of the Director
of General Services or to the entity that purchases or leases
vehicles for that office, agency, or department, that the vehicle is
required to perform an essential function of the office, agency, or
department. If it is so demonstrated, priority consideration shall be
given to the purchase or lease of an alternative fuel or hybrid
sports utility vehicle or four-wheel drive vehicle.
(b) The specifications and standards developed and adopted
pursuant to subdivision (a) do not apply upon the development and
implementation of the method, criteria, and procedure described in
Section 25722.6.
(c) Each state office, agency, and department shall review its
vehicle fleet and, upon finding that it is fiscally prudent, cost
effective, or otherwise in the public interest to do so, shall
dispose of nonessential sport utility vehicles and four-wheel drive
trucks in its fleet and replace these vehicles with more
fuel-efficient passenger cars and trucks.
(d) To the maximum extent practicable, each state office, agency,
and department that has bifuel natural gas, bifuel propane, and flex
fuel vehicles in its vehicle fleet shall use the respective
alternative fuel in those vehicles.
(e) The Director of General Services shall compile annually and
maintain information on the nature of vehicles that are owned or
leased by the state, including, but not limited to, all of the
following:
(1) The number of passenger-type motor vehicles purchased or
leased during the year, and the number owned or leased as of December
31 of each year.
(2) The number of sport utility vehicles and four-wheel drive
trucks purchased or leased by the state during the year, and the
number owned or leased as of December 31 of each year.
(3) The number of alternatively fueled vehicles and hybrid
vehicles purchased or leased by the state during the year, and the
total number owned or leased as of December 31 of each year and their
location.
(4) The locations of the alternative fuel pumps available for
those vehicles.
(5) The justification provided for all sport utility vehicles and
four-wheel drive trucks purchased or leased by the state and the
specific office, department, or agency responsible for the purchase
or lease.
(6) The number of sport utility vehicles and four-wheel drive
trucks purchased or leased by the state during the year, and the
number owned or leased as of December 31 of each year that are
alternative fuel or hybrid vehicles.
(7) The number of light-duty trucks disposed of under subdivision
(c).
(8) The total dollars spent by the state on passenger-type vehicle
purchases and leases, categorized by sport utility vehicle and
nonsport utility vehicle, and within each of those categories, by
alternative fuel, hybrid and other.
(9) The total annual consumption of gasoline and diesel fuel used
by the state fleet.
(10) The total annual consumption of alternative fuels.
(11) On December 31, 2009, and annually thereafter, the Director
of General Services shall also compile the total annual vehicle miles
traveled by vehicles in the state fleet.
(f) Each state office, agency, and department shall cooperate with
the Department of General Services' data requests in order that the
department may compile and maintain the information required in
subdivision (e).
(g) As soon as practicable, but no later than 12 months after
receiving the data, the information compiled and maintained under
subdivision (e) and a list of those state offices, agencies, and
departments that are not in compliance with subdivision (f) shall be
made available to the public on the Department of General Services'
Internet Web site.
(h) Beginning July 1, 2009, and every three years thereafter, the
Director of General Services shall prepare a report
to the Legislature and the Governor on
the information compiled and maintained pursuant to subdivision (e).
The Director of General Service shall post that report on its
Internet Web site.
(i) Pursuant to Article IX of the California Constitution, this
section shall not apply to the University of California except to the
extent that the Regents of the University of California, by
appropriate resolution, make this section applicable.
SEC. 156. Section 25722.8 of the Public
Resources Code is amended to read:
25722.8. (a) On or before July 1, 2009, the Secretary of State
and Consumer Services, in consultation with the Department of General
Services and other appropriate state agencies that maintain or
purchase vehicles for the state fleet, including the campuses of the
California State University, shall develop and implement, and submit
to the Legislature and the Governor, a plan to improve the overall
state fleet's use of alternative fuels, synthetic lubricants, and
fuel-efficient vehicles by reducing or displacing the consumption of
petroleum products by the state fleet when compared to the 2003
consumption level based on the following schedule:
(1) By January 1, 2012, a 10-percent reduction or displacement.
(2) By January 1, 2020, a 20-percent reduction or displacement.
(b) Beginning April 1, 2010, and annually thereafter, the
Department of General Services shall provide to the
Department of Finance and the appropriate legislative committees of
the Legislature prepare a progress report on
meeting the goals specified in subdivision (a). The Department of
General Services shall also make post
the progress report available on its Internet Web site.
SEC. 157. Section 29773.5 of the Public
Resources Code is repealed.
29773.5. On or before July 1, 2010, the commission shall prepare
and submit to the Legislature recommendations regarding the potential
expansion of or change to the primary zone or the Delta. The
commission shall consider recommendations on the status of all of the
following areas:
(a) Rio Vista.
(b) Isleton.
(c) Bethel Island.
(d) Brannan-Andrus Island.
(e) Cosumnes/Mokelumne floodway.
(f) The San Joaquin/South Delta lowlands.
SEC. 158. Section 30404 of the Public
Resources Code is amended to read:
30404. (a) The commission Natural
Resources Agency shall periodically, in the case of the State
Energy Resources Conservation and Development Commission, the State
Board of Forestry and Fire Protection, the State Water Resources
Control Board and the California regional water quality control
boards, the State Air Resources Board and air pollution control
districts and air quality management districts, the Department of
Fish and Game, the Department of Parks and Recreation, the Department
of Boating and Waterways, the California Geological Survey and the
Division of Oil, Gas, and Geothermal Resources in the Department of
Conservation, and the State Lands Commission, and may, with respect
to any other state agency, submit recommendations designed to
encourage the state agency to carry out its functions in a manner
consistent with this division. The recommendations may include
proposed changes in administrative regulations, rules, and statutes.
(b) Each of those state agencies shall review and consider the
commission recommendations and shall, within six months from the date
of their receipt, to the extent that the recommendations have not
been implemented, report to the Governor and the Legislature its
action and reasons therefor. The report shall also include the state
agency's comments on any legislation that may have been proposed by
the commission.
(b) This section shall remain in effect only until July 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2013, deletes or extends that date.
SEC. 159. Section 30404 is added to the
Public Resources Code , to read:
30404. (a) The Natural Resources Agency shall periodically, in
the case of the State Energy Resources Conservation and Development
Commission, the State Board of Forestry and Fire Protection, the
State Water Resources Control Board and the California regional water
quality control boards, the State Air Resources Board and air
pollution control districts and air quality management districts, the
Department of Fish and Game, the Department of Parks and Recreation,
the California Geological Survey and the Division of Oil, Gas, and
Geothermal Resources in the Department of Conservation, and the State
Lands Commission, and may, with respect to any other state agency,
submit recommendations designed to encourage the state agency to
carry out its functions in a manner consistent with this division.
The recommendations may include proposed changes in administrative
regulations, rules, and statutes.
(b) This section shall become operative on July 1, 2013.
SEC. 160. Section 30533 of the Public
Resources Code is repealed.
30533. (a) On or before January 1 of each year, the commission
and the State Coastal Conservancy shall report to the Governor and
the Legislature the progress made in implementing the public coastal
access program established by this article. The report shall include
progress in facilitating the acceptance of outstanding offers to
dedicate and shall identify new offers to dedicate recorded in the
previous fiscal year. For each offer to dedicate accepted or recorded
in the previous calendar year, the report shall include all of the
following information:
(1) Type of offer to dedicate.
(2) Location of property.
(3) Expiration date of offer.
(4) Name of entity that accepted the offer to dedicate.
(b) It is the intent of the Legislature that the commission, the
State Coastal Conservancy, and all other appropriate public agencies
proceed with all deliberate speed to implement the provisions of this
article prior to the deadlines established in this article.
SEC. 161. Section 32556 of the Public
Resources Code is amended to read:
32556. (a) The board shall consist of 13 voting members and seven
nonvoting members.
(b) The 13 voting members of the board shall consist of the
following:
(1) The Secretary of the Resources Agency, or his or her designee.
(2) The Director of Parks and Recreation, or his or her designee.
(3) The Director of Finance, or his or her designee.
(4) The Director of the Los Angeles County Department of Parks, or
his or her designee.
(5) The member of the Los Angeles County Board of Supervisors
within whose district the majority of the Baldwin Hills area is
located.
(6) Six members of the public appointed by the Governor who are
residents of Los Angeles County and who represent the diversity of
the community surrounding the Baldwin Hills area. Of those six
members, four members shall be selected as follows:
(A) One member shall be a resident of Culver City selected from a
list of three persons nominated by the city council.
(B) Three members shall be residents of the adjacent communities
of Blair Hills, Ladera Heights, Baldwin Hills, Windsor Hills,
Inglewood, View Park, or Baldwin Vista.
(7) A resident of Los Angeles County appointed by the Speaker of
the Assembly, and a resident of Los Angeles County appointed by the
Senate Committee on Rules.
(c) The seven nonvoting members shall consist of the following:
(1) The Secretary of the California Environmental Protection
Agency, or his or her designee.
(2) The Executive Officer of the State Coastal Conservancy, or his
or her designee.
(3) The Executive Officer of the State Lands Commission, or his or
her designee.
(4) An appointee of the Governor with experience in developing
contaminated sites, commonly referred to as "brownfields."
(5) The Executive Director of the Santa Monica Mountains
Conservancy, or his or her designee.
(6) The Director of the Culver City Human Services Department, or
his or her designee.
(7) The Director of the Department of Conservation, or his or her
designee.
(d) A quorum shall consist of seven voting members of the board,
and any action of the board affecting any matter before the board
shall be decided by a majority vote of the voting members present, a
quorum being present. However, the affirmative vote of at least four
of the voting members of the board shall be required for the
transaction of any business of the board.
(e) The board shall do all both of
the following:
(1) Study the potential environmental and recreational uses of
Ballona Creek and the adjacent property described in subdivision (a)
of Section 32553.
(2) Develop a proposed map for that area.
(3) Provide a report to the Legislature, on or before January 1,
2003, on the results of paragraphs (1) and (2).
SEC. 162. Section 32556.2 of the Public
Resources Code is repealed.
32556.2. Notwithstanding paragraph (3) of subdivision (e) of
Section 32556, as amended by Section 3 of Chapter 3 of the Statutes
of 2002, the report required under that paragraph shall be provided
to the Legislature on or before January 1, 2004.
SEC. 163. Section 41821.5 of the Public
Resources Code is amended to read:
41821.5. (a) Disposal facility operators shall submit to counties
information from periodic tracking surveys on the disposal tonnages
by jurisdiction or region of origin that are disposed of at each
disposal facility. To enable disposal facility operators to provide
that information, solid waste handlers and transfer station operators
shall provide information to disposal facility operators on the
origin of the solid waste that they deliver to the disposal facility.
(b) Recycling and composting facilities shall submit periodic
information to counties on the types and quantities of materials that
are disposed of, sold to end users, or that are sold to exporters or
transporters for sale outside of the state, by county of origin.
When materials are sold or transferred by one recycling or composting
facility to another, for other than an end use of the material or
for export, the seller or transferror of the material shall inform
the buyer or transferee of the county of origin of the materials. The
reporting requirements of this subdivision do not apply to entities
that sell the byproducts of a manufacturing process.
(c) Each county shall submit periodic reports to the cities within
the county, to any regional agency of which it is a member agency,
and to the board, on the amounts of solid waste disposed by
jurisdiction or region of origin, as specified in subdivision (a),
and on the categories and amounts of solid waste diverted to
recycling and composting facilities within the county or region, as
specified in subdivision (b).
(d) The board may adopt regulations pursuant to this section
requiring practices and procedures that are reasonable and necessary
to perform the periodic tracking surveys required by this section,
and that provide a representative accounting of solid wastes that are
handled, processed, or disposed. Those regulations or periodic
tracking surveys approved by the board shall not impose an
unreasonable burden on waste handling, processing, or disposal
operations or otherwise interfere with the safe handling, processing,
and disposal of solid waste.
(e) On or before January 1, 2002, the board shall submit a report
to the Legislature that evaluates the implementation of this section.
The report shall include, but not be limited to, all of the
following:
(1) An evaluation of the accuracy of the disposal reporting system
under differing circumstances.
(2) The status of implementation of the disposal reporting system
at the local level by waste haulers, landfills, transfer station and
material recovery operators, and local agencies.
(3) The need for modification of the disposal reporting system to
improve accuracy.
(4) Recommendations for regulatory and statutory changes needed to
address deficiencies in the disposal reporting system.
(5) Recommendations to improve implementation and to streamline
the reporting system, including ways to assist agencies to meet the
reporting and tracking requirements.
(f) The board shall convene a working group composed of
representatives of stakeholder groups, including, but not limited to,
cities, counties, regional agencies, the solid waste industry,
recyclers, and environmental organizations, to assist the board in
preparing the report required pursuant to subdivision (e).
SEC. 164. Section 42889.3 of the Public
Resources Code is repealed.
42889.3. On or before January 1 of each year, the Department of
Transportation shall report to the Legislature and the board on the
use of waste tires in transportation and civil engineering projects
during the previous five years, including, but not limited to, the
approximate number of waste tires used every year, and the types and
location of these
projects.
SEC. 165. Section 47123 of the Public
Resources Code is repealed.
47123. Notwithstanding Section 7550.5 of the Government Code, no
later than December 1, 2010, the board shall report to the
Legislature. The report shall include an evaluation of the model
programs for efficacy, safety, statewide accessibility, and cost
effectiveness. The report shall include the consideration of the
incidence of diversion of drugs for unlawful sale and use, if any.
The report also shall provide recommendations for the potential
implementation of a statewide program and statutory changes.
SEC. 166. Section 5096.829 of the
Public Resources Code is repealed.
5096.829. (a) The department shall, beginning November 1, 2007,
and quarterly thereafter until funds authorized by this chapter are
liquidated, prepare and submit to the Joint Legislative Budget
Committee a report that includes information relating to funds
expended by the department during the time period pursuant to Section
5096.821. This report shall include all of the following:
(1) The project name.
(2) The physical location of the project, including the county or
counties where the project is located.
(3) A description of the project and the scope of the work to be
performed.
(4) The date of approval of the project, or the date a contract
was let for the project work.
(5) The estimated cost of the project at the time of project
approval.
(6) The actual cost of the project, to date.
(7) An estimated project schedule.
(8) An explanation of any increased project costs over the initial
estimate, including changes in conditions or scope of the project.
(b) For the report due on November 1, 2008, and each November 1
thereafter, the report shall include all of the following:
(1) The report requirements set forth in subdivision (a).
(2) Identification of the actual amount of funds appropriated in
the previous fiscal year to implement provisions of Section 5096.821.
(3) Identification of the actual amount of funds expended in the
previous fiscal year pursuant to the appropriations specified in
paragraph (2).
(c) Each project shall continue to be listed in the report for one
quarter after all project costs are paid.
(d) (1) It is the intent of the Legislature that the Department of
Water Resources seek all applicable federal funding for flood
control projects.
(2) It is the intent of the Legislature that the department notify
the federal government when the state pays the costs associated with
the federal cost-share of levee repair and improvement projects,
with the intent that those costs may be recouped from the federal
government in the future.
SEC. 167. Section 71211 of the Public
Resources Code is amended to read:
71211. (a) (1) The Department of Fish and Game, in consultation
with the commission and the United States Coast Guard, shall collect
data necessary to establish and maintain an inventory of the location
and geographic range of nonindigenous species populations in the
coastal and estuarine waters of the state that includes open coastal
waters and bays and estuaries. In particular, data shall be collected
that does both of the following:
(A) Supplements the existing baseline of nonindigenous species
previously developed pursuant to this section, by adding data from
investigations of intertidal and nearshore subtidal habitats along
the open coast.
(B) Monitors the coastal and estuarine waters of the state,
including, but not limited to, habitats along the open coast, for new
introductions of nonindigenous species or spread of existing
nonindigenous species populations.
(2) Whenever possible, the study shall utilize appropriate,
existing data, including data from previous studies made pursuant to
this section. The Department of Fish and Game shall make the
inventory and accompanying analysis available to the public through
the Internet on or before January 1, 2007, and annually shall provide
to the public an update of that inventory.
(b) (1) The Department of Fish and Game, in consultation with the
commission and the United States Coast Guard, shall assess the
effectiveness of the ballast water controls implemented pursuant to
this division by comparing the status and establishment of
nonindigenous species populations, as determined from the data
collected pursuant to subdivision (a), with the baseline data
collected pursuant to this division and submitted in a report to the
Legislature in 2003.
(2) Whenever possible, this research shall utilize appropriate,
existing data.
(3) The Department of Fish and Game shall submit a report
presenting its assessment to the Legislature and the public on or
before January 1, 2009, and every three years thereafter.
(c) Information generated by the research conducted pursuant to
this section shall be of the type and in a format useful for
subsequent studies and reports undertaken for any of the following
purposes:
(1) The determination of alternative discharge zones.
(2) The identification of environmentally sensitive areas to be
avoided for uptake or discharge of ballast water.
(3) The long-term effectiveness of discharge control measures.
(4) The determination of potential risk zones where uptake or
discharge of ballast water shall be prohibited.
(5) The rate and risk of establishment of nonindigenous species in
the coastal waters of the state, and resulting impacts.
SEC. 168. Section 9502 of the Public
Utilities Code is repealed.
9502. On or before December 1, 1994, and on a biennial basis
thereafter, each publicly owned electric and gas utility shall submit
a report to the State Energy Resources Conservation and Development
Commission describing the status of their low-income weatherization
programs required by Sections 9500 and 9501. Thereafter, as part of
the biennial conservation report prepared pursuant to Section 25401.1
of the Public Resources Code, the commission shall report to the
Legislature summarizing publicly owned utility efforts to comply with
Sections 9500 and 9501.
SEC. 169. Section 185032 of the Public
Utilities Code is amended to read:
185032. (a) (1)
Upon an appropriation in the Budget Act
for that purpose, the authority shall prepare a plan for the
construction and operation of a high-speed train network for the
state, consistent with and continuing the work of the Intercity
High-Speed Rail Commission conducted prior to January 1, 1997. The
plan shall include an appropriate network of conventional intercity
passenger rail service and shall be coordinated with existing and
planned commuter and urban rail systems.
(2)
(a) The authorization and responsibility for planning,
construction, and operation of high-speed passenger train service at
speeds exceeding 125 miles per hour in this state is exclusively
granted to the authority.
(3)
(b) Except as provided in paragraph (2), nothing in
this subdivision precludes other local, regional, or state agencies
from exercising powers provided by law with regard to planning or
operating, or both, passenger rail service.
(b) The plan, upon completion, shall be submitted to the
Legislature and the Governor for approval by the enactment of a
statute.
SEC. 170. Section 8352.4 of the Revenue
and Taxation Code is amended to read:
8352.4. (a) Subject to Sections 8352 and 8352.1, and except as
otherwise provided in subdivision (b), there shall be transferred
from the money deposited to the credit of the Motor Vehicle Fuel
Account to the Harbors and Watercraft Revolving Fund, for expenditure
in accordance with Division 1 (commencing with Section 30) of the
Harbors and Navigation Code, the sum of six million six hundred
thousand dollars ($6,600,000) per annum, representing the amount of
money in the Motor Vehicle Fuel Account attributable to taxes imposed
on distributions of motor vehicle fuel used or usable in propelling
vessels. The actual amount shall be calculated using the annual
reports of registered boats prepared by the Department of Motor
Vehicles for the United States Coast Guard and the formula and method
of the December 1972 report prepared for this purpose and submitted
to the Legislature on December 26, 1972, by the Director of
Transportation. If the amount transferred during each fiscal year is
in excess of the calculated amount, the excess shall be retransferred
from the Harbors and Watercraft Revolving Fund to the Motor Vehicle
Fuel Account. If the amount transferred is less than the amount
calculated, the difference shall be transferred from the Motor
Vehicle Fuel Account to the Harbors and Watercraft Revolving Fund. No
adjustment shall be made if the computed difference is less than
fifty thousand dollars ($50,000), and the amount shall be adjusted to
reflect any temporary or permanent increase or decrease that may be
made in the rate under the Motor Vehicle Fuel Tax Law. Payments
pursuant to this section shall be made prior to payments pursuant to
Section 8352.2.
(b) Commencing July 1, 2012, the revenues attributable to the
taxes imposed pursuant to subdivision (b) of Section 7360 and Section
7361.1 and otherwise to be deposited in the Harbors and Watercraft
Revolving Fund pursuant to subdivision (a) shall instead be
transferred to the General Fund. The revenues attributable to the
taxes imposed pursuant to subdivision (b) of Section 7360 and Section
7361.1 that were deposited in the Harbors and Watercraft Revolving
Fund in the 2010-11 and 2011-12 fiscal years shall be transferred to
the General Fund.
(c) When deemed necessary by the Department of Transportation and
the Department of Boating and Waterways, the Department of
Transportation, after consultation with the Department of Boating and
Waterways, shall prepare, or cause to be prepared, an updated report
setting forth the current estimate of the amount of money credited
to the Motor Vehicle Fuel Account attributable to taxes imposed on
distributions of motor vehicle fuel used or usable in propelling
vessels. The Department of Transportation shall submit the report to
the Legislature upon its completion.
SEC. 171. Section 10752.2 of the
Revenue and Taxation Code is amended to read:
10752.2. (a) For initial or renewal registrations due on and
after May 19, 2009, but before July 1, 2011, in addition to the
annual license fee for a vehicle, other than a commercial motor
vehicle described in Section 9400.1 of the Vehicle Code, imposed
pursuant to Sections 10752 and 10752.1, a sum equal to 0.15 percent
of the market value of the vehicle as determined by the department,
shall be added to that annual fee.
(b) Notwithstanding Chapter 5 (commencing with Section 11001) or
any other law to the contrary, all revenues (including penalties),
less refunds, derived from fees collected pursuant to subdivision (a)
shall be deposited in the General Fund and transferred to the Local
Safety and Protection Account, which is hereby established in the
Transportation Tax Fund. Notwithstanding Section 13340 of the
Government Code, all moneys in the account are hereby continuously
appropriated, without regard to fiscal year, to the Controller for
allocation pursuant to Sections 29553, 30061, and 30070 of the
Government Code, Section 13821 of the Penal Code, and Sections 18220
and 18220.1 of the Welfare and Institutions Code. All revenue derived
from subdivision (a) that is received after June 30, 2011, shall be
deemed to have been received during the 2010-11 fiscal year for
purposes of allocation by the Controller.
(c) (1)
In 2010 and each calendar year
thereafter, the Director of Finance shall, no later than January 10
and upon the enactment of the Budget Act during the calendar year,
make a written determination of whether any of the moneys derived
from fees collected pursuant to subdivision (a) are being allocated
by the state for any purpose not authorized by subdivision (b), and
shall immediately submit his or her written determination to all of
the following: .
(A) The Director of the Department of Motor Vehicles.
(B) The Joint Legislative Budget Committee.
(C) The Senate and Assembly Appropriations Committees.
(D) The Senate and Assembly Revenue and Taxation Committees.
(2) If the Director of Finance determines that any moneys derived
from fees collected pursuant to subdivision (a) are being allocated
by the state for a purpose not authorized by subdivision (b), the
Director of the Department of Motor Vehicles shall, upon receipt of
the written determination, immediately cease collection of the fees
imposed by subdivision (a), and shall resume collection of those fees
only upon his or her receipt of written determination provided under
paragraph (1) that specifies that none of the moneys derived from
fees collected pursuant to subdivision (a) are being allocated by the
state for a purpose not authorized by subdivision (a).
SEC. 172. Section 97 of the Streets and
Highways Code is amended to read:
97. (a) A state highway segment shall be designated by the
department as a Safety Enhancement-Double Fine Zone if all of the
following conditions have been satisfied:
(1) The highway segment is eligible for designation pursuant to
subdivision (b).
(2) The Director of Transportation, in consultation with the
Commissioner of the California Highway Patrol, certifies that the
segment identified in subdivision (b) meets all of the following
criteria:
(A) The highway segment is a conventional highway or expressway
and is part of the state highway system.
(B) The rate of total collisions per mile per year on the segment
under consideration has been at least 1.5 times the statewide average
for similar roadway types during the most recent three-year period
for which data are available.
(C) The rate of head-on collisions per mile per year on the
segment under consideration has been at least 1.5 times the statewide
average for similar roadway types during the most recent three-year
period for which data are available.
(3) The Department of the California Highway Patrol or local
agency having traffic enforcement jurisdiction, as the case may be,
has concurred with the designation.
(4) The governing board of each city, or county with respect to an
unincorporated area, in which the segment is located has by
resolution indicated that it supports the designation.
(5) An active public awareness effort to change driving behavior
is ongoing either by the local agency with jurisdiction over the
segment or by another state or local entity.
(6) Other traffic safety enhancements, including, but not limited
to, increased enforcement and other roadway safety measures, are in
place or are being implemented concurrent with the designation of the
Safety Enhancement-Double Fine Zone.
(b) The following segments are eligible for designation as a
Safety Enhancement-Double Fine Zone pursuant to subdivision (a):
State Highway Route 12 between the State Highway Route 80 junction
in Solano County and the State Highway Route 5 junction in San
Joaquin County.
(c) Designation of a segment as a Safety Enhancement-Double Fine
Zone by the department pursuant to subdivision (a) shall be done in
writing and a written notification shall be provided to the court
with jurisdiction over the area in which the highway segment is
located. The designation shall be valid for a minimum of two years
from the date of submission to the court.
(d) After the two-year period, and at least every two years
thereafter, the department, in consultation with the Department of
the California Highway Patrol, shall evaluate whether the highway
segment continues to meet the conditions set forth in subdivision
(a). If the segment meets those conditions, the department shall
renew the designation in which case an updated notification shall be
sent to the court. If the department, in consultation with the
Department of the California Highway Patrol, determines that any of
those conditions no longer apply to a segment designated as a Safety
Enhancement-Double Fine Zone under this section, the department shall
revoke the designation and the segment shall cease to be a Safety
Enhancement-Double Fine Zone.
(e) A Safety Enhancement-Double Fine Zone is subject to the rules
and regulations adopted by the department prescribing uniform
standards for warning signs to notify motorists that, pursuant to
Section 42010 of the Vehicle Code, increased penalties apply for
traffic violations that are committed within a Safety
Enhancement-Double Fine Zone.
(f) (1) The department or the local authority having jurisdiction
over these highway and road segments shall place and maintain the
warning signs identifying these segments by stating that a "Special
Safety Zone Region Begins Here" and a "Special Safety Zone Ends Here."
(2) Increased penalties shall apply to violations under Section
42010 of the Vehicle Code only if appropriate signage is in place
pursuant to this subdivision.
(3) If designation as a Safety Enhancement-Double Fine Zone is
revoked pursuant to subdivision (d), the department shall be
responsible for removal of all signage placed pursuant to this
subdivision.
(g) Safety Enhancement-Double Fine Zones do not increase the civil
liability of the state or local authority having jurisdiction over
the highway segment under Division 3.6 (commencing with Section 810)
of Title 1 of the Government Code or any other provision of law
relating to civil liability.
(1) Only the base fine shall be enhanced pursuant to this section.
(2) Notwithstanding any other provision of law, any additional
penalty, forfeiture, or assessment imposed by any other statute shall
be based on the amount of the base fine before enhancement or
doubling and shall not be based on the amount of the enhanced fine
imposed pursuant to this section.
(h) The projects specified as a Safety Enhancement-Double Fine
Zone shall not be elevated in priority for state funding purposes.
(i) The requirements of subdivision (a) shall not apply to the
Safety Enhancement-Double Fine Zone established prior to the
effective date of this subdivision pursuant to Section 97.4 or to the
Safety Enhancement-Double Fine Zones established pursuant to Section
97.5.
(j) The department shall conduct an evaluation of the
effectiveness of all double fine zones, except those designated
pursuant to Section 97.5, that will terminate the same calendar year
and submit its findings in one report to the Assembly Committee on
Transportation and the Senate Committee on Transportation and Housing
one year prior to the termination of the double fine zones. The
report shall include a recommendation on whether the zones should be
reauthorized by the Legislature.
SEC. 173. Section 164.56 of the Streets
and Highways Code is amended to read:
164.56. (a) It is the intent of the Legislature to allocate ten
million dollars ($10,000,000) annually to the Environmental
Enhancement and Mitigation Program Fund, which is hereby created.
(b) Local, state, and federal agencies and nonprofit entities may
apply for and may receive grants, not to exceed five million dollars
($5,000,000) for any single grant, to undertake environmental
enhancement and mitigation projects that are directly or indirectly
related to the environmental impact of modifying existing
transportation facilities or for the design, construction, or
expansion of new transportation facilities.
(c) Projects eligible for funding include, but are not limited to,
all of the following:
(1) Highway landscaping and urban forestry projects designed to
offset vehicular emissions of carbon dioxide.
(2) Acquisition or enhancement of resource lands to mitigate the
loss of, or the detriment to, resource lands lying within the
right-of-way acquired for proposed transportation improvements.
(3) Roadside recreational opportunities, including roadside rests,
trails, trailheads, and parks.
(4) Projects to mitigate the impact of proposed transportation
facilities or to enhance the environment, where the ability to
effectuate the mitigation or enhancement measures is beyond the scope
of the lead agency responsible for assessing the environmental
impact of the proposed transportation improvement.
(d) Grant proposals shall be submitted to the Resources Agency for
evaluation in accordance with procedures and criteria prescribed by
the Resources Agency. The Resources Agency shall evaluate proposals
submitted to it and prepare a list of proposals recommended for
funding. The list may be revised at any time. Prior to including a
proposal on the list, the Resources Agency shall make a finding that
the proposal is eligible for funding pursuant to subdivision (f).
(e) Within the fiscal limitations of subdivisions (a) and (b), the
commission shall annually award grants to fund proposals that are
included on the list prepared by the Resources Agency pursuant to
subdivision (d).
(f) Projects funded pursuant to this section shall be projects
that contribute to mitigation of the environmental effects of
transportation facilities, as provided for by Section 1 of Article
XIX of the California Constitution.
(g) Notwithstanding Section 7550.5 of the Government Code, on or
before December 31 of each year, the commission shall provide the
Assembly Committee on Budget and the Senate Committee on Budget and
Fiscal Review with a list of projects funded from the Environmental
Enhancement and Mitigation Program during the previous fiscal year
and a copy of the most recent criteria for allocating grants pursuant
to this section.
SEC. 174. Section 182.8 of the Streets
and Highways Code is amended to read:
182.8. (a) It is the intent of the Legislature that this program
help increase flexibility in the use of state and federal funding to
complete transportation improvements. The ability to exchange certain
federal funds for state funds may enhance that flexibility. However,
it is the intent of the Legislature that the commission make these
exchanges only if the exchanges do not compromise other state funded
projects or activities.
(b) The commission shall propose guidelines and procedures to
implement this section, hold a public hearing on the guidelines, and
adopt the guidelines on or before February 1, 2001. The commission
shall begin the exchange program on or before February 1, 2001, if it
determines that funding is available for that purpose. The
commission may amend its guidelines after holding a public hearing,
but may not amend the guidelines between the time it notifies
regional transportation planning agencies of the amount of state
funds available for exchange and its approval of projects for
exchange in any given year.
(c) On or before January 5 of each year, the department shall
report to the commission the amounts apportioned as federal local
assistance in the regional surface transportation and congestion
mitigation and air quality programs for the year, the Federal
Obligation Authority for the year, and the amount of federal funds it
expects to be able to obligate for work on projects in all programs
on or before September 30 of that year, and the commission, in
cooperation with the department, shall determine the amount of state
funds from the Traffic Congestion Relief Fund that can be made
available for exchange under this section. If the release of federal
apportionments and obligational authority is delayed beyond November
1 in any year, all the dates specified in this section shall be
extended by an equivalent time, however, all federal funds exchanged
shall be obligated on or before September 30 of the current federal
fiscal year.
(d) The commission may exchange funds under this section if it
determines all of the following:
(1) Adequate state funds are available to accomplish the exchange
without putting at risk other transportation activities or projects
needing state funds.
(2) Any exchange will be consistent with full implementation of
the Traffic Congestion Relief Act of 2000.
(3) Federal funds received in exchange can be readily and
effectively used on other projects or activities by the state during
the federal fiscal year.
(e) After making the determinations set forth in subdivision (d)
the commission may offer to exchange state funds from the Traffic
Congestion Relief Fund for federal local assistance funds, subject to
the limits imposed under this section. For the purpose of this
section, "federal local assistance" funds means regional surface
transportation program or congestion mitigation and air quality
program apportionments received that federal fiscal year and
apportioned as local assistance pursuant to Sections 182.6 and 182.7.
(f) Not later than February 1 of each year, the commission shall
notify the regional transportation planning agencies of the amount of
state funds available for exchange for federal local assistance
funds for that year. The maximum amount of state funds to be
exchanged may not exceed 50 percent of the total amount of federal
regional surface transportation program and congestion mitigation and
air quality program funds apportioned for the current fiscal year as
local assistance pursuant to subdivision (b) of Section 182.6 and
subdivision (b) of Section 182.7, exclusive of state funds that may
be exchanged pursuant to subdivision (g) of Section 182.6, paragraphs
(1) and (2) of subdivision (h) of Section 182.6, or Section 182.7.
Federal funds exchanged under this program shall be available for
projects identified by the commission as ready to obligate during
determination of the amount
available for exchange. The amount of exchange may not exceed the
department's ability to obligate all federal funds during the current
federal fiscal year. The commission may not exchange state funds for
regional surface transportation program funds required to be spent
for transportation enhancements. This section does not affect the
amount of exchange under subdivision (g) of Sections 182.6, or
paragraphs (1) and (2) of subdivision (h) of Section 182.6.
(g) Regional transportation planning agencies may submit
applications for exchange of funds to the commission not later than
March 15 of each year. Applications shall identify the proposed use
for the exchange funds, including project descriptions, cost
estimates, scopes of work, schedules for construction, schedules for
expenditures, and any other information required by the commission.
The commission may require a region to identify priorities among
applications it submits.
(h) If the commission receives applications for more exchange
funds than the amount of state funds available, the commission shall
select projects for exchange up to the amount of state funds
available. The commission shall explain the criteria it uses to
select projects, which shall include, but are not limited to, all of
the following:
(1) Removal of all federal funds from projects.
(2) Assessment of projects that would benefit most from removal of
federal funding because of size, type, location, agency capability,
features, or federal requirements.
(3) Approximate relative equity within the program among regions
in receiving state exchange funds over a multiyear period.
(i) The commission may exchange state funds for federal local
assistance funds with agencies requesting exchanges. Agencies wishing
to exchange their federal funds shall provide apportionments and
obligation authority at the same rate the Federal Highway
Administration distributes obligation authority. Agencies exchanging
federal funds shall receive funds equal to 90 percent of the
obligation authority exchanged. The commission shall approve
exchanges of funds not later than its second regularly scheduled
meeting following March 15 each year.
(j) The commission shall determine an exchange payment schedule
based on expenditure plans. The commission may suspend exchange
payment schedules if it determines projects are not proceeding.
(k) For financial display and reporting purposes, obligational
authority received pursuant to this section shall be reported as a
revenue accrual in the Traffic Congestion Relief Fund in the year in
which the exchange is approved under subdivision (i). Funds approved
for exchange shall be accrued as expenditures in the year in which
the exchange is approved. Notwithstanding Section 16362 of the
Government Code, the department shall repay from the State Highway
Account to the Traffic Congestion Relief Fund all funds received as
federal reimbursements for funds exchanged under this section as they
are received from the Federal Highway Administration, except that
those repayments are not required to be made more frequently than on
a quarterly basis.
( l ) State funds provided through an exchange under
this section shall be encumbered within one year and expended within
three years.
(m) Upon adoption of its implementing guidelines, the commission
may consider requests for exchanges under this section.
(n) Regional and local agencies shall use state exchange funds
only for projects or purposes for which the federal local assistance
funds being exchanged were originally intended, and may not supplant
local funds on projects in order that those local funds can
subsequently be used for nontransportation purposes. The commission
may require agencies to certify that they are meeting this
requirement. Agencies not meeting this maintenance of effort
requirement may not be allowed to participate in the next exchange
cycle.
(o) The commission shall include a summary of exchanges made
pursuant to this section in its annual report to the Governor and
Legislature pursuant to Section 14556.36, including an assessment of
progress in implementing projects funded by exchanges, and discussion
of issues and recommendations related to implementation of the
exchange program.
(p)
(o) Not later than the effective date of the
reauthorization of the federal surface transportation act, the
commission shall submit a report to the Governor and the Legislature
recommending any changes in the exchange program necessitated by that
reauthorization.
SEC. 175. Section 2424 of the Streets
and Highways Code is amended to read:
2424. (a) The department, metropolitan planning organizations,
county transportation commissions, regional transportation planning
agencies, counties, cities, and a city and county shall comply with
all reporting requirements to the Federal Highway Administration
(FHWA) established in federal law regarding funds made available
under the American Recovery and Reinvestment Act of 2009.
(b) In complying with the requirements of subdivision (a), the
department, metropolitan planning organizations, county
transportation commissions, regional transportation planning
agencies, counties, cities, and a city and county shall provide the
same data they provide to the FHWA to the department under the same
timelines required by the FHWA or federal law. Regional entities
shall include in the data provided to the department information on
the use of federal funds made available under the American Recovery
and Reinvestment Act of 2009 that were suballocated to cities and
counties within their jurisdiction.
(c) All jurisdictions that received and obligated or expended
federal funds for transportation enhancement activities pursuant to
federal law and this chapter shall include in the data they provide
to the department pursuant to subdivision (b) a description of the
number, value, and type of project that involved the participation of
a community conservation corps or the California Conservation Corps.
(d) The department, within 30 days of receiving the information
required pursuant to subdivisions (b) and (c), shall compile the
information and submit a report to the budget committees and policy
committees with jurisdiction over transportation matters in each
house of the Legislature.
SEC. 176. Section 30161.5 of the
Streets and Highways Code is amended to read:
30161.5. (a) For any bridge at which an automatic vehicle
identification system, as described in this section, has been
installed and is in operation, the department may waive the
requirement that the holder of a credit permit furnish and maintain a
surety bond. The automatic vehicle identification system shall have
the capability of identifying each vehicle operating under the permit
and of tabulating the number of bridge crossings by those vehicles.
This section does not affect the authority of the department under
Section 30796.8.
(b) The department shall notify the Legislature of the date upon
which it commences operation of the system described in subdivision
(a) on any bridge other than the bridge described in Section 30796.
(c) This section shall become inoperative five years from the date
specified by the department pursuant to subdivision (b), and as of
January 1 next following that date is repealed, unless a later
enacted statute, which becomes effective on or before that January 1,
deletes or extends that date.
(d) Nine months prior to the end of the five-year period specified
in subdivision (c), the department shall submit a report to the
Legislature on the implementation of subdivision (a). The report
shall include an analysis of credit delinquencies encountered in
operating the system and the administrative costs incurred in debt
collection.
SEC. 177. Section 9907 of the
Unemployment Insurance Code is repealed.
9907. (a) The department shall submit an annual report to the
Legislature on the performance outcomes of the Jobs for California
Graduates local programs on an annual basis.
(b) The department shall report the following outcomes at the end
of the 12-month followup period:
(1) Secondary education completion rate as compared to the Jobs
for America's Graduates standard of 90 percent for senior
participants.
(2) Positive outcomes rate, such as youth employed, enrolled in a
postsecondary institution, or serving in the military, or all of
these, as compared to the Jobs for America's Graduates standard of 80
percent positive outcomes for graduates.
(3) Full-time placement rate, such as youth engaged in full-time
employment, full-time military, or combining postsecondary education
with employment.
(4) All other participant outcomes as required by the Governor
under Section 122(h) of the federal Workforce Investment Act of 1998.
SEC. 178. Section 15002 of the
Unemployment Insurance Code is amended to read:
15002. (a) The California Workforce Investment Board (CWIB) shall
establish a special committee known as the Green Collar Jobs Council
(GCJC), comprised of the appropriate representatives from the CWIB
existing membership, including the K-12 representative, the
California Community Colleges representative, the Business,
Transportation and Housing Agency representative, the Employment
Development Department representative, and other appropriate members.
The GCJC may consult with other state agencies, other higher
education representatives, local workforce investment boards, and
industry representatives as well as philanthropic, nongovernmental,
and environmental groups, as appropriate, in the development of a
strategic initiative. To the extent
private funds are available, is the intent of the Legislature that
the GCJC will develop an annual award for outstanding achievement for
workforce training programs operated by local or state agencies,
businesses, or non-government organizations to be named after Parrish
R. Collins.
(b) As part of the strategic initiative, the GCJC shall focus on
developing the framework, funding, strategies, programs, policies,
partnerships, and opportunities necessary to address the growing need
for a highly skilled and well-trained workforce to meet the needs of
California's emerging green economy. The GCJC shall do all of the
following:
(1) Assist in identifying and linking green collar job
opportunities with workforce development training opportunities in
local workforce investment areas (LWIAs), encouraging regional
collaboration among LWIAs to meet regional economic demands.
(2) Align workforce development activities with regional economic
recovery and growth strategies.
(3) Develop public, private, philanthropic, and nongovernmental
partnerships to build and expand the state's workforce development
programs, network, and infrastructure.
(4) Provide policy guidance for job training programs for the
clean and green technology sectors to help them prepare specific
populations, such as at-risk youth, displaced workers, veterans,
formerly incarcerated individuals, and others facing barriers to
employment.
(5) Develop, collect, analyze, and distribute statewide and
regional labor market data on California's new and emerging green
industries workforce needs, trends, and job growth.
(6) Collaborate with community colleges and other educational
institutions, registered apprenticeship programs, business and labor
organizations, and community-based and philanthropic organizations to
align workforce development services with strategies for regional
economic growth.
(7) Identify funding resources and make recommendations on how to
expand and leverage these funds.
(8) Foster regional collaboratives in the green economic sector.
(c) The CWIB may accept any revenues, moneys, grants, goods, or
services from federal and state entities, philanthropic
organizations, and other sources, to be used for purposes relating to
the administration and implementation of the strategic initiative,
as described in subdivision (b). The CWIB shall also ensure the
highest level of transparency and accountability and make information
available on the CWIB Internet Web site.
(d) Upon appropriation by the Legislature, the department may
expend the moneys and revenues received pursuant to subdivision (c)
for purposes related to the administration and implementation of the
strategic initiative, and for the award of workforce training grants
implementing the strategic initiative.
SEC. 179. Section 9250.7 of the Vehicle
Code is amended to read:
9250.7. (a) (1) A service authority established under Section
22710 may impose a service fee of one dollar ($1) on all vehicles,
except vehicles described in subdivision (a) of Section 5014.1,
registered to an owner with an address in the county that established
the service authority. The fee shall be paid to the department at
the time of registration, or renewal of registration, or when renewal
becomes delinquent, except on vehicles that are expressly exempted
under this code from the payment of registration fees.
(2) In addition to the one-dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate program,
and as part of the Commercial Vehicle Registration Act of 2001, all
commercial motor vehicles subject to Section 9400.1 registered to an
owner with an address in the county that established a service
authority under this section shall pay an additional service fee of
two dollars ($2).
(b) The department, after deducting its administrative costs,
shall transmit, at least quarterly, the net amount collected pursuant
to subdivision (a) to the Treasurer for deposit in the Abandoned
Vehicle Trust Fund, which is hereby created. All money in the fund is
continuously appropriated to the Controller for allocation to a
service authority that has an approved abandoned vehicle abatement
program pursuant to Section 22710, and for payment of the
administrative costs of the Controller. After deduction of its
administrative costs, the Controller shall allocate the money in the
Abandoned Vehicle Trust Fund to each service authority in proportion
to the revenues received from the fee imposed by that authority
pursuant to subdivision (a). If any funds received by a service
authority pursuant to this section are not expended to abate
abandoned vehicles pursuant to an approved abandoned vehicle
abatement program that has been in existence for at least two full
fiscal years within 90 days of the close of the fiscal year in which
the funds were received and the amount of those funds exceeds the
amount expended by the service authority for the abatement of
abandoned vehicles in the previous fiscal year, the fee imposed
pursuant to subdivision (a) shall be suspended for one year,
commencing on July 1 following the Controller's determination
pursuant to subdivision (e).
(c) Every service authority that imposes a fee authorized by
subdivision (a) shall issue a fiscal yearend report to the Controller
on or before October 31 of each year summarizing all of the
following:
(1) The total revenues received by the service authority during
the previous fiscal year.
(2) The total expenditures by the service authority during the
previous fiscal year.
(3) The total number of vehicles abated during the previous fiscal
year.
(4) The average cost per abatement during the previous fiscal
year.
(5) Any additional, unexpended fee revenues for the service
authority during the previous fiscal year.
(6) The number of notices to abate issued to vehicles during the
previous fiscal year.
(7) The number of vehicles disposed of pursuant to an ordinance
adopted pursuant to Section 22710 during the previous fiscal year.
(8) The total expenditures by the service authority for towing and
storage of abandoned vehicles during the previous fiscal year.
(d) Each service authority that fails to submit the report
required pursuant to subdivision (c) by October 31 of each year shall
have its fee pursuant to subdivision (a) suspended for one year
commencing on July 1 following the Controller's determination
pursuant to subdivision (e).
(e) On or before January 1 annually, the Controller shall review
the fiscal yearend reports, submitted by each service authority
pursuant to subdivision (c) and due no later than October 31, to
determine if fee revenues are being utilized in a manner consistent
with the service authority's approved program. If the Controller
determines that the use of the fee revenues is not consistent with
the service authority's program as approved by the Department of the
California Highway Patrol, or that an excess of fee revenues exists,
as specified in subdivision (b), the authority to collect the fee
shall be suspended for one year pursuant to subdivision (b). If the
Controller determines that a service authority has not submitted a
fiscal yearend report as required in subdivision (c), the
authorization to collect the service fee shall be suspended for one
year pursuant to subdivisions (b) and (d). The Controller shall
inform the Department of Motor Vehicles on or before January 1
annually, that the authority to collect the fee is suspended. A
suspension shall only occur if the service authority has been in
existence for at least two full fiscal years and the revenue fee
surpluses are in excess of those allowed under this section, the use
of the fee revenue is not consistent with the service authority's
approved program, or the required fiscal yearend report has not been
submitted by October 31.
(f) On or before January 1 annually, the Controller shall prepare
and submit to the Legislature a revenue and expenditure summary for
each service authority established under Section 22710 that includes,
but is not limited to, all of the following:
(1) The total revenues received by each service authority.
(2) The total expenditures by each service authority.
(3) The unexpended revenues for each service authority.
(4) The total number of vehicle abatements for each service
authority.
(5) The average cost per abatement as provided by each service
authority to the Controller pursuant to subdivision (c).
(g)
(f) On or before January 1, 2010, and biennially
thereafter, the service authority shall have a financial audit of the
service authority conducted by a qualified independent third party.
(h)
(g) The fee imposed by a service authority shall remain
in effect only for a period of 10 years from the date that the
actual collection of the fee commenced unless the fee is extended
pursuant to this subdivision. The fee may be extended in increments
of up to 10 years each if the board of supervisors of the county, by
a two-thirds vote, and a majority of the cities having a majority of
the incorporated population within the county adopt resolutions
providing for the extension of the fee.
SEC. 180. Section 9250.14 of the
Vehicle Code is amended to read:
9250.14. (a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, upon the adoption of a
resolution by any county board of supervisors, a fee of one dollar
($1) shall be paid at the time of registration or renewal of
registration of every vehicle, except vehicles described in
subdivision (a) of Section 5014.1, registered to an address within
that county except those expressly exempted from payment of
registration fees. The fees, after deduction of the administrative
costs incurred by the department in carrying out this section, shall
be paid quarterly to the Controller.
(2) In addition to the one dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate program,
and as part of the Commercial Vehicle Registration Act of 2001, all
commercial motor vehicles subject to Section 9400.1 registered to an
owner with an address in the county that established a service
authority under this section, shall pay an additional service fee of
two dollars ($2).
(b) Notwithstanding Section 13340 of the Government Code, the
money paid to the Controller is continuously appropriated, without
regard to fiscal years, for the administrative costs of the
Controller, and for disbursement by the Controller to each county
that has adopted a resolution pursuant to subdivision (a), based upon
the number of vehicles registered, or whose registration is renewed,
to an address within that county.
(c) Except as otherwise provided in this subdivision, money
allocated to a county pursuant to subdivision (b) shall be expended
exclusively to fund programs that enhance the capacity of local
police and prosecutors to deter, investigate, and prosecute vehicle
theft crimes. In any county with a population of 250,000 or less, the
money shall be expended exclusively for those vehicle theft crime
programs and for the prosecution of crimes involving driving while
under the influence of alcohol or drugs, or both, in violation of
Section 23152 or 23153, or vehicular manslaughter in violation of
Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or
any combination of those crimes.
(d) Money collected pursuant to this section shall not be expended
to offset a reduction in any other source of funds, nor for any
purpose not authorized under this section.
(e) Any funds received by a county prior to January 1, 2000,
pursuant to this section, that are not expended to deter,
investigate, or prosecute crimes pursuant to subdivision (c) shall be
returned to the Controller, for deposit in the Motor Vehicle Account
in the State Transportation Fund. Those funds received by a county
shall be expended in accordance with this section.
(f) Each county that adopts a resolution under subdivision (a)
shall submit, on or before the 13th day following the end of each
quarter, a quarterly expenditure and activity report to the
designated statewide Vehicle Theft Investigation and Apprehension
Coordinator in the Department of the California Highway Patrol.
(g) A county that imposes a fee under subdivision (a) shall issue
a fiscal year-end report to the Controller on or before August 31 of
each year. The report shall include a detailed accounting of the
funds received and expended in the immediately preceding fiscal year,
including, at a minimum, all of the following:
(1) The total revenues received by the county under subdivision
(b) for the immediately preceding fiscal year.
(2) The total expenditures by the county under subdivision (c) for
the immediately preceding fiscal year.
(3) Details of expenditures made by the county under subdivision
(c), including salaries and expenses, purchase of equipment and
supplies, and any other expenditures made listed by type with an
explanatory comment.
(4) A summary of vehicle theft abatement activities and other
vehicle theft programs funded by the fees collected under this
section.
(5) The total number of stolen vehicles recovered and the value of
those vehicles during the immediately preceding fiscal year.
(6) The total number of vehicles stolen during the immediately
preceding fiscal year as compared to the fiscal year prior to the
immediately preceding fiscal year.
(7) Any additional, unexpended fee revenues received under
subdivision (b) for the county for the immediately preceding fiscal
year.
(h) Each county that fails to submit the report required pursuant
to subdivision (g) by November 30 of each year shall have the fee
suspended by the Controller for one year, commencing on July 1
following the Controller's determination that a county has failed to
submit the report.
(i) (1) On or before January 1, 2006, and on or before January 1
annually thereafter, the Controller shall provide to the Department
of the California Highway Patrol copies of the yearend reports
submitted by the counties under subdivision (g), and, in consultation
with the Department of the California Highway Patrol, shall review
the fiscal yearend reports submitted by each county pursuant to
subdivision (g) to determine if fee revenues are being utilized in a
manner consistent with this section. If the Controller determines
that the use of the fee revenues is not consistent with this section,
the Controller shall consult with the participating counties'
designated regional coordinators. If the Controller determines that
the fee revenues are still not consistent with this section, the
authority to collect the fee by that county shall be suspended for
one year.
(2) If the Controller determines that a county has not submitted a
fiscal yearend report as required in subdivision (g), the
authorization to collect the service fee shall be suspended for one
year pursuant to subdivision (h).
(3) When the Controller determines that a fee shall be suspended
for a county, the Controller shall inform the Department of Motor
Vehicles on or before January 1, 2006, and on or before January 1
annually thereafter, that the authority to collect a fee for that
county is suspended.
(j) On or before January 1, 2006, and on or before January 1
annually thereafter, the Controller shall prepare and submit to the
Legislature a revenue and expenditure summary for each participating
county that includes all of the following:
(1) The total revenues received by each county.
(2) The total expenditures by each county.
(3) The unexpended revenues for each county.
(k)
(j) The Department of the California Highway Patrol, in
consultation with all participating county designated regional
coordinators, shall review the effectiveness of reducing vehicle
theft crimes that were funded by the fees imposed by this section.
The Department of the California Highway Patrol shall provide a
report based on that review and, on or before January 1, 2009, shall
submit that report to the Legislature.
( l )
(k) For the purposes of this section, a
county designated regional coordinator is that agency designated by
the participating county's board of supervisors as the agency in
control of its countywide vehicle theft apprehension program.
(m)
(l) This section shall remain in effect only until
January 1, 2018, and as of that date is repealed, unless a later
enacted statute that is enacted on or before January 1, 2018, deletes
or extends that date.
SEC. 181. Section 9250.19 of the
Vehicle Code is amended to read:
9250.19. (a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, upon the adoption of a
resolution pursuant to this subdivision by any county board of
supervisors, a fee of one dollar ($1) shall be paid at the time of
registration, renewal, or supplemental application for apportioned
registration pursuant to Article 4 (commencing with Section 8050) of
Chapter 4 of every vehicle, except vehicles described in subdivision
(a) of Section 5014.1, registered to an address within that county
except those expressly exempted from payment of registration fees.
The fees, after deduction of the administrative costs incurred by the
department in carrying out this section, shall be paid quarterly to
the Controller.
(2) In addition to the one-dollar ($1) service fee, and upon the
implementation of the permanent trailer identification plate program,
and as part of the Commercial Vehicle Registration Act of 2001, all
commercial motor vehicles subject to Section 9400.1 registered to an
owner with an address in the county that established a service
authority under this section, shall pay an additional service fee of
two dollars ($2).
(3) A resolution adopted pursuant to paragraph (1) shall include
findings as to the purpose of, and the need for, imposing the
additional registration fee.
(b) Notwithstanding Section 13340 of the Government Code, the
money paid to the Controller pursuant to subdivision (a) is
continuously appropriated, without regard to fiscal years, for
disbursement by the Controller to each county that has adopted a
resolution pursuant to subdivision (a), based upon the number of
vehicles registered, or whose registration is renewed, to an address
within that county, or supplemental application for apportioned
registration, and for the administrative costs of the Controller
incurred under this section.
(c) Money allocated to a county pursuant to subdivision (b) shall
be expended exclusively to fund programs that enhance the capacity of
local law enforcement to provide automated mobile and fixed location
fingerprint identification of individuals who may be involved in
driving under the influence of alcohol or drugs in violation of
Section 23152 or 23153, or vehicular manslaughter in violation of
Section 191.5 of the Penal Code or subdivision (c) of Section 192 of
the Penal Code, or any combination of those and other vehicle-related
crimes, and other crimes committed while operating a motor vehicle.
(d) The data from a program funded pursuant to subdivision (c)
shall be made available by the local law enforcement agency to a
local public agency that is required by law to obtain a criminal
history background of persons as a condition of employment with that
local public agency. A local law enforcement agency that provides the
data may charge a fee to cover its actual costs in providing that
data.
(e) (1) Money collected pursuant to this section shall not be used
to offset a reduction in any other source of funds for the purposes
authorized under this section.
(2) Funds collected pursuant to this section, upon recommendation
of local or regional Remote Access Network Boards to the board of
supervisors, shall be used exclusively for the purchase, by
competitive bidding procedures, and the operation of equipment that
is compatible with the Department of Justice's Cal-ID master plan, as
described in Section 11112.2 of the Penal Code, and the equipment
shall interface in a manner that is in compliance with the
requirement described in the Criminal Justice Information Services,
Electronic Fingerprint Transmission Specification, prepared by the
Federal Bureau of Investigation and dated August 24, 1995.
(f) Every county that has authorized the collection of the fee
pursuant to subdivision (a) shall issue a fiscal yearend report to
the Controller on or before November 1 of each year, summarizing all
of the following with respect to those fees:
(1) The total revenues received by the county for the fiscal year.
(2) The total expenditures and encumbered funds by the county for
the fiscal year. For purposes of this subdivision, "encumbered funds"
means funding that is scheduled to be spent pursuant to a determined
schedule and for an identified purchase consistent with this
section.
(3) Any unexpended or unencumbered fee revenues for the county for
the fiscal year.
(4) The estimated annual cost of the purchase, operation, and
maintenance of automated mobile and fixed location fingerprint
equipment, related infrastructure, law enforcement enhancement
programs, and personnel created or utilized in accordance with this
section for the fiscal year. The listing shall detail the make and
model number of the equipment, and include a succinct description of
the related infrastructure items, law enforcement enhancement
programs, and the classification or title of any personnel.
(5) How the use of the funds benefits the motoring public.
(g) For each county that fails to submit the report required
pursuant to subdivision (f) by November 1 of each year, the
Controller shall notify the Department of Motor Vehicles to suspend
the fee for that county imposed pursuant to subdivision (a) for one
year.
(h) If any funds received by a county pursuant to subdivision (a)
are not expended or encumbered in accordance with this section by the
close of the fiscal year in which the funds were received, the
Controller shall notify the Department of Motor Vehicles to suspend
the fee for that county imposed pursuant to subdivision (a) for one
year. For purposes of this subdivision, "encumbered funds" means
funding that is scheduled to be spent pursuant to a determined
schedule and for an identified purchase consistent with this section.
(i) On or before January 1, 2004, and on January 1 annually
thereafter, the Controller shall prepare and submit to the
Legislature a revenue and expenditure summary based on the
information provided pursuant to paragraphs (1) to (3), inclusive, of
subdivision (f), for each county that has authorized the collection
of the fee pursuant to subdivision (a). The Controller shall attach
to the revenue and expenditure summary the documents provided by each
county pursuant to paragraphs (4) and (5) of subdivision (f).
SEC. 182. Section 138.9 of the Water
Code is repealed.
138.9. (a) Subject to subdivisions (b) and (c), commencing on
January 1, 2003, and annually thereafter, the department shall
prepare and submit to the Legislature a report that includes a
description of the progress achieved by the department with regard to
meeting the goals of the Bay-Delta Program and the implementation
schedule established in the CALFED Bay-Delta Program, Programmatic
Record of Decision dated August 2000, and the Framework Agreement
dated June 9, 2000.
(b) Upon the creation, by statute, of an entity to assume the
responsibilities previously undertaken by federal and state officials
in connection with the CALFED Bay-Delta Program, that entity shall
carry out the duties described in subdivision (a) in the place of the
department.
(c) If, at any time on or after January 1, 2003, the department is
not required to implement the CALFED Bay-Delta Program, Programmatic
Record of Decision dated August 2000, the department need not
prepare the report described in subdivision (a).
SEC. 183. Section 162 of the Water Code
is amended to read:
162. It is the intention of the Legislature that in the making of
all major departmental determinations, policies and procedures, such
as departmental recommendations to the Legislature, the director and
the California Water Commission shall be in agreement whenever
possible; but for the purpose of fixing responsibility to the
Governor and to the Legislature, in the event of disagreement between
the director and the commission upon such matters, the views of the
director shall prevail. In the event of disagreement
pursuant to this section, a written report upon such disagreement
shall be made immediately to the Governor and to the President pro
Tempore of the Senate and the Speaker of the Assembly by the
commission and by the director.
SEC. 184. Section 1228.2 of the Water
Code is amended to read:
1228.2. (a) (1) Subject to subdivision (b), any person may obtain
a right to appropriate water for a small domestic, small irrigation,
or livestock stockpond use upon first registering the use with the
board and thereafter applying the water to reasonable and beneficial
use with due diligence.
(2) With regard to an appropriation for small domestic use, a
registration shall not be filed for a facility served by or used
pursuant to a permit or license for domestic or municipal use, and
not more than one small domestic use registration shall be in effect
at any time for any facility.
(3) With regard to an appropriation for small irrigation use, more
than one registration may be in effect at any time for a registrant
if the diversion or storage facilities subject to registration for a
registrant do not exceed the ratio of one per 20 irrigated acres, and
if the total water use on all acreage covered by the registrations,
including any water use based on other rights, does not exceed 100
acre-feet per annum.
(4) A small domestic use registration and a small irrigation use
registration may be in effect for the same facility only if the total
combined water use covered by the registrations does not exceed 20
acre-feet per annum.
(5) With regard to an appropriation for livestock stockpond use,
more than one registration may be in effect at any time for a
registrant if stockponds subject to registration for that registrant
do not exceed the ratio of one per 50 acres.
(b) Initiation of rights to appropriate water pursuant to this
article shall be subject to Article 1.3 (commencing with Section
1205), relating to fully appropriated stream systems. The board shall
not accept any registration of water use which proposes as a source
of water supply any stream system which has been unconditionally
declared by the board to be fully appropriated pursuant to Section
1205, except that subdivision (b) of Section 1206, relating to
conditional declarations of fully appropriated stream systems, shall
apply to registration of water use pursuant to this article, and the
board shall accept those registrations where consistent with the
conditions specified in any such declaration.
(c) On or before June 30, 1989, and annually thereafter, the
Division of Water Rights shall prepare and submit to the
board a report post on its Internet Web site
information summarizing the location, nature, and amount of
water appropriated pursuant to this article. The report
information shall include a description of the
availability of unappropriated water in those stream systems which
may become fully appropriated within the next reporting period.
(d) If a registration is filed with a source of supply on a stream
system that the most recent report submitted under subdivision (c)
identifies as a stream system that may become fully appropriated
within the next reporting period, the registration shall not take
effect unless the board finds that unappropriated water is available
for the appropriation proposed by the registration. If the board
finds that unappropriated water is not available to supply the
proposed appropriation, the board shall, following notice and
hearing, determine whether that stream system should be declared
fully appropriated pursuant to Article 1.3 (commencing with Section
1205).
SEC. 185. Section 13369 of the Water
Code is amended to read:
13369. (a) (1) The state
board, in consultation with the regional boards, the California
Coastal Commission, and other appropriate state agencies and advisory
groups, as necessary, shall prepare a detailed program for the
purpose of implementing the state's nonpoint source management plan.
The board shall address all applicable provisions of the Clean Water
Act, including Section 319 (33 U.S.C. Sec. 1329), as well as Section
6217 of the federal Coastal Zone Act Reauthorization Amendments of
1990 (16 U.S.C. Sec. 1455b), and this division in the preparation of
this detailed implementation program.
(2) (A)
(b) (1) The program
shall include all of the following components:
(i)
(A) Nonregulatory implementation of best management
practices.
(ii)
(B) Regulatory-based incentives for best management
practices.
(iii)
(C) The adoption and enforcement of waste discharge
requirements that will require the implementation of best management
practices.
(B)
(2) In connection with its duties under this
subdivision to prepare and implement the state's nonpoint source
management plan, the state board shall develop, on or before February
1, 2001, guidance to be used by the state board and the regional
boards for the purpose of describing the process by which the state
board and the regional boards will enforce the state's nonpoint
source management plan, pursuant to this division.
(C) The adoption of the guidance developed pursuant to this
section is not subject to Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code.
(b) The state board, in consultation with the California Coastal
Commission and other appropriate agencies, as necessary, on or before
December 31 of each year, shall submit to the Legislature, and make
available to the public, both of the following:
(1) Copies of all state and regional board reports that contain
information related to nonpoint source pollution and that the state
or regional boards were required to prepare in the previous fiscal
year pursuant to Sections 303, 305(b), and 319 of the Clean Water Act
(33 U.S.C. Secs. 1313, 1315(b), and 1329), Section 6217 of the
federal Coastal Zone Act Reauthorization Amendments of 1990 (16
U.S.C. Sec. 1455b), related regulations, and this division.
(2) A summary of information related to nonpoint source pollution
that is set forth in the reports described pursuant to paragraph (1)
including, but not limited to, summaries of both of the following:
(A) Information that is related to nonpoint source pollution and
that is required to be included in reports prepared pursuant to
Section 305(b) of the Clean Water Act (33 U.S.C. 1315(b)).
(B) Information that is required to be in reports prepared
pursuant to Section 319(h)(11) of the Clean Water Act (33 U.S.C. Sec.
1329(h)(11)).
SEC. 186. Section 13396.9 of the Water
Code is amended to read:
13396.9. (a) The California Coastal Commission and the Los
Angeles Regional Water Quality Control Board shall establish and
participate in the multiagency Los Angeles Basin Contaminated
Sediments Task Force, in cooperation with all interested parties,
including, but not limited to, the United States Environmental
Protection Agency, the United States Army Corps of Engineers, the
Port of Long Beach, and the Port of Los Angeles.
(b) (1) On or before January 1, 2005, the California Coastal
Commission shall, based upon the recommendations of the task force,
develop a long-term management plan for the dredging and disposal of
contaminated sediments in the coastal waters adjacent to the County
of Los Angeles. The plan shall include identifiable goals for the
purpose of minimizing impacts to water quality, fish, and wildlife
through the management of sediments. The plan shall include measures
to identify environmentally preferable, practicable disposal
alternatives, promote multiuse disposal facilities and beneficial
reuse, and support efforts for watershed management to control
contaminants at their source.
(2) The California Coastal Commission and the Los Angeles Regional
Water Quality Control Board shall seek to enter into an agreement
with the United States Environmental Protection Agency and the United
States Army Corps of Engineers for those federal agencies to
participate in the preparation of the long-term management plan
, and, on or before January 1, 1999, shall prepare and
submit to the Legislature a report indicating the status of that
agreement .
(c) The California Coastal Commission and the Los Angeles Regional
Water Quality Control Board, in cooperation with the task force,
shall conduct not less than one annual public workshop to review the
status of the plan and to promote public participation.
SEC. 187. Section 78684.13 of the Water
Code is repealed.
78684.13. On or before December 15 of each year, the Secretary of
the Resources Agency shall submit an annual report to the
Legislature that describes the status of the implementation of all
elements of the CALFED Bay-Delta Program, any determinations made by
the secretary pursuant to subdivisions (b) and (d) of Section
74684.12, and other significant scheduling issues. The report also
shall include a detailed accounting of expenditures, descriptions of
programs for which expenditures have been made, and a schedule of
anticipated expenditures for the next year.
SEC. 188. Section 79083 of the Water
Code is amended to read:
79083. (a) A grant
recipient shall submit to the board a report upon the completion of
the project or activity funded under this article. The report shall
summarize the completed project and identify additional steps
necessary to achieve the purposes of the local watershed management
plan. The board shall make the report available to interested
federal, state, and local agencies and other interested parties.
(b) The board shall prepare and submit to the Governor a biennial
report regarding the implementation of this article. The biennial
report shall include, at a minimum, a discussion relating to the
extent to which the purposes described in Section 79077 are being
furthered by the implementation of this article.
SEC. 189. Section 79555 of the Water
Code is amended to read:
79555. (a) For the 2004-05
fiscal year, and each fiscal year thereafter, not less than 50
percent of the funds made available pursuant to subdivision (d) of
Section 79550 for acquisition of water for the CALFED environmental
water account shall be expended for long-term water purchase
contracts, permanent water rights, and associated costs.
(b) The California Bay-Delta Authority shall report annually to
the Legislature on the state's efforts in acquiring long-term
purchase contracts and permanent water rights in accordance with this
section.
SEC. 190. Section 1760.8 of the Welfare
and Institutions Code is amended to read:
1760.8. (a) The Department of the Youth Authority shall annually
develop a population management and facilities master plan presenting
projected population and strategies for treatment and housing of
wards for the succeeding five-year period. This plan shall set forth
the department's strategy for bridging the gap between available
bedspace and the projected ward population. This master plan
shall be updated and submitted to the Legislature by January 10 of
each year.
(b) The Department of the Youth Authority may contract with the
Department of Corrections or the Office of Project Development and
Management within the Department of General Services for professional
and construction services related to the construction of facilities
or renovation projects included in the Department of the Youth
Authority's 1994-99 master plan for which funds are appropriated by
the Legislature. The Department of the Youth Authority shall be
responsible for program planning and all design decisions. The
Department of Corrections or the Department of General Services
shall, in consultation with the Department of the Youth Authority,
ensure that all facilities are designed and constructed specifically
for the needs of the youthful offender population. The Department of
the Youth Authority also shall ensure that the design and
construction of any facilities are consistent with the mission of the
Department of the Youth Authority, which emphasizes the protection
of the public from criminal activity and the rehabilitation of
youthful offenders by providing education, training, and treatment
services for those offenders committed by the courts. Any power,
function, or jurisdiction for planning, design, and construction of
facilities or renovation projects pursuant to the 1994-99 master plan
that is conferred upon the Department of General Services shall be
deemed to be conferred upon the Department of Corrections for
purposes of this section. The Director of the Department of General
Services may, upon the request of the Director of the Department of
Corrections, delegate to the Department of Corrections any power,
function, or jurisdiction for planning, design, and construction of
any additional projects included within subsequent Department of the
Youth Authority master plans.
SEC. 191. Section 4024 of the Welfare
and Institutions Code is amended to read:
4024. The State Department of State Hospitals proposed
allocations for level-of-care staffing in state hospitals that serve
persons with mental disabilities shall be submitted to the Department
of Finance for review and approval in July and again on a quarterly
basis. Each quarterly report shall include an analysis of client
characteristics of admissions and discharges in addition to
information on any changes in characteristics of current residents.
The State Department of State Hospitals shall submit by January 1
and May 1 to the Department of Finance for its approval: (a) all
assumptions underlying estimates of state hospital mentally disabled
population; and (b) a comparison of the actual and estimated
population levels for the year to date. If the actual population
differs from the estimated population by 50 or more, the department
shall include in its reports an analysis of the causes of the change
and the fiscal impact. The Department of Finance shall approve or
modify the assumptions underlying all population estimates within 15
working days of their submission. If the Department of Finance does
not approve or modify the assumptions by that date, the assumptions,
as presented by the submitting department, shall be deemed to be
accepted by the Department of Finance as of that date. The
estimates of populations and the comparison of actual versus
estimated population levels shall be made available to the Joint
Legislative Budget Committee immediately following approval by the
Department of Finance.
The Department of Finance shall also make available to the Joint
Legislative Budget Committee a listing of all of the approved
assumptions and the impact of each assumption, as well as all
supporting data provided by the State Department of State Hospitals
or developed independently by the Department of Finance. However, the
departmental estimates, assumptions, and other supporting data as
have been prepared shall be forwarded to the Joint Legislative Budget
Committee not later than January 15 or May 15 by the State
Department of State Hospitals in the event this information has not
been released earlier.
SEC. 192. Section 6601 of the
Welfare and Institutions Code , as amended by Section
139 of Chapter 24 of the Statutes of 2012, is amended to read:
6601. (a) (1) Whenever the Secretary of the Department of
Corrections and Rehabilitation determines that an individual who is
in custody under the jurisdiction of the Department of Corrections
and Rehabilitation, and who is either serving a determinate prison
sentence or whose parole has been revoked, may be a sexually violent
predator, the secretary shall, at least six months prior to that
individual's scheduled date for release from prison, refer the person
for evaluation in accordance with this section. However, if the
inmate was received by the department with less than nine months of
his or her sentence to serve, or if the inmate's release date is
modified by judicial or administrative action, the secretary may
refer the person for evaluation in accordance with this section at a
date that is less than six months prior to the inmate's scheduled
release date.
(2) A petition may be filed under this section if the individual
was in custody pursuant to his or her determinate prison term, parole
revocation term, or a hold placed pursuant to Section 6601.3, at the
time the petition is filed. A petition shall not be dismissed on the
basis of a later judicial or administrative determination that the
individual's custody was unlawful, if the unlawful custody was the
result of a good faith mistake of fact or law. This paragraph shall
apply to any petition filed on or after January 1, 1996.
(b) The person shall be screened by the Department of Corrections
and Rehabilitation and the Board of Parole Hearings based on whether
the person has committed a sexually violent predatory offense and on
a review of the person's social, criminal, and institutional history.
This screening shall be conducted in accordance with a structured
screening instrument developed and updated by the State Department of
State Hospitals in consultation with the Department of Corrections
and Rehabilitation. If as a result of this screening it is determined
that the person is likely to be a sexually violent predator, the
Department of Corrections and Rehabilitation shall refer the person
to the State Department of State Hospitals for a full evaluation of
whether the person meets the
criteria in Section 6600.
(c) The State Department of State Hospitals shall evaluate the
person in accordance with a standardized assessment protocol,
developed and updated by the State Department of State Hospitals, to
determine whether the person is a sexually violent predator as
defined in this article. The standardized assessment protocol shall
require assessment of diagnosable mental disorders, as well as
various factors known to be associated with the risk of reoffense
among sex offenders. Risk factors to be considered shall include
criminal and psychosexual history, type, degree, and duration of
sexual deviance, and severity of mental disorder.
(d) Pursuant to subdivision (c), the person shall be evaluated by
two practicing psychiatrists or psychologists, or one practicing
psychiatrist and one practicing psychologist, designated by the
Director of State Hospitals, one or both of whom may be independent
professionals as defined in subdivision (g). If both evaluators
concur that the person has a diagnosed mental disorder so that he or
she is likely to engage in acts of sexual violence without
appropriate treatment and custody, the Director of State Hospitals
shall forward a request for a petition for commitment under Section
6602 to the county designated in subdivision (i). Copies of the
evaluation reports and any other supporting documents shall be made
available to the attorney designated by the county pursuant to
subdivision (i) who may file a petition for commitment.
(e) If one of the professionals performing the evaluation pursuant
to subdivision (d) does not concur that the person meets the
criteria specified in subdivision (d), but the other professional
concludes that the person meets those criteria, the Director of State
Hospitals shall arrange for further examination of the person by two
independent professionals selected in accordance with subdivision
(g).
(f) If an examination by independent professionals pursuant to
subdivision (e) is conducted, a petition to request commitment under
this article shall only be filed if both independent professionals
who evaluate the person pursuant to subdivision (e) concur that the
person meets the criteria for commitment specified in subdivision
(d). The professionals selected to evaluate the person pursuant to
subdivision (g) shall inform the person that the purpose of their
examination is not treatment but to determine if the person meets
certain criteria to be involuntarily committed pursuant to this
article. It is not required that the person appreciate or understand
that information.
(g) Any independent professional who is designated by the
Secretary of the Department of Corrections and Rehabilitation or the
Director of State Hospitals for purposes of this section shall not be
a state government employee, shall have at least five years of
experience in the diagnosis and treatment of mental disorders, and
shall include psychiatrists and licensed psychologists who have a
doctoral degree in psychology. The requirements set forth in this
section also shall apply to any professionals appointed by the court
to evaluate the person for purposes of any other proceedings under
this article.
(h) If the State Department of State Hospitals determines that the
person is a sexually violent predator as defined in this article,
the Director of State Hospitals shall forward a request for a
petition to be filed for commitment under this article to the county
designated in subdivision (i). Copies of the evaluation reports and
any other supporting documents shall be made available to the
attorney designated by the county pursuant to subdivision (i) who may
file a petition for commitment in the superior court.
(i) If the county's designated counsel concurs with the
recommendation, a petition for commitment shall be filed in the
superior court of the county in which the person was convicted of the
offense for which he or she was committed to the jurisdiction of the
Department of Corrections and Rehabilitation. The petition shall be
filed, and the proceedings shall be handled, by either the district
attorney or the county counsel of that county. The county board of
supervisors shall designate either the district attorney or the
county counsel to assume responsibility for proceedings under this
article.
(j) The time limits set forth in this section shall not apply
during the first year that this article is operative.
(k) An order issued by a judge pursuant to Section 6601.5, finding
that the petition, on its face, supports a finding of probable cause
to believe that the individual named in the petition is likely to
engage in sexually violent predatory criminal behavior upon his or
her release, shall toll that person's parole pursuant to paragraph
(4) of subdivision (a) of Section 3000 of the Penal Code, if that
individual is determined to be a sexually violent predator.
(l) Pursuant to subdivision (d), the attorney designated by the
county pursuant to subdivision (i) shall notify the State Department
of State Hospitals of its decision regarding the filing of a petition
for commitment within 15 days of making that decision.
(m) (1) The department 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
semiannual update on the progress made to hire qualified state
employees to conduct the evaluation required pursuant to subdivision
(d). The first update shall be provided no later than July 10, 2009.
(2)
(m) (1) On or before January 2,
2010, the department shall report to the Legislature on all of the
following:
(A) The costs to the department for the sexual offender commitment
program attributable to the provisions in Proposition 83 of the
November 2006 general election, otherwise known as Jessica's Law.
(B) The number and proportion of inmates evaluated by the
department for commitment to the program as a result of the expanded
evaluation and commitment criteria in Jessica's Law.
(C) The number and proportion of those inmates who have actually
been committed for treatment in the program.
(3)
(2) This section shall remain in effect and be repealed
on the date that the director executes a declaration, which shall be
provided to the fiscal and policy committees of the Legislature,
including the Chairperson of the Joint Legislative Budget Committee,
and the Department of Finance, specifying that sufficient qualified
state employees have been hired to conduct the evaluations required
pursuant to subdivision (d), or January 1, 2013, whichever occurs
first.
SEC. 193. Section 10605.2 of the
Welfare and Institutions Code is amended to read:
10605.2. If the director believes that a county probation
department is substantially failing to comply with any provision of
this code or any regulation pertaining to the placement activities
required to be performed by the probation department to ensure that
the needs of wards in placements whose board and care is funded
through the Aid to Families with Dependent Children-Foster Care
program are met, and the director determines that formal action may
be necessary to secure compliance, he or she shall inform the chief
probation officer, the presiding judge of the juvenile court, and the
board of supervisors of that failure. The notice to the chief
probation officer, the presiding judge of the juvenile court, and
board of supervisors shall be in writing and shall allow the county
probation department a specified period of time, not less than 30
days, to correct its failure to comply with the law or regulations.
If within the specified period the county probation department does
not comply or provide reasonable assurances in writing that it will
comply within the additional time as the director may allow, the
director may take one or both of the following actions:
(a) Bring an action for injunctive relief to secure immediate
compliance.
Any county probation department that is found to be failing in a
substantial manner to comply with the law or regulations pertaining
to placement activities required to be performed by the probation
department to ensure that the needs of wards in placement whose board
and care is funded through the Aid to Families with Dependent
Children-Foster Care program are met, may be enjoined by any court of
competent jurisdiction. The court may make orders or judgments as
may be necessary to secure county probation department compliance.
(b) Order the county probation department to appear at a hearing
before the director with the State Social Services Advisory
Board Committee on Welfare and Social Services to show
cause why the director should not take administrative action to
secure compliance. The hearing shall be conducted pursuant to the
rules and regulations of the department.
If the director determines, based on the record established at the
hearing and the advice of the State Social Services
Advisory Board Committee on Welfare and Social Services,
hearing, that the county probation department is failing
to comply with the provisions of this code or the regulations
pertaining to the placement activities required to be performed by
the probation department to ensure that the needs of wards in
placement funded through the Aid to Families with Dependent
Children-Foster Care program are met, or if the State Personnel Board
certifies to the director that a county probation department is not
in conformity with established merit system standards under Part 2.5
(commencing with Section 19800) of Division 5 of Title 2 of the
Government Code, and that administrative sanctions are necessary to
secure compliance, the director may invoke either of the following
sanctions:
(1) Withhold all or part of state and federal funds from the
county probation department until the county probation department
demonstrates to the director that it has complied.
(2) Assume, temporarily, direct responsibility for fulfilling the
placement activities required by law and regulations to ensure that
the needs of the wards in placement funded through the Aid to
Families with Dependent Children-Foster Care program are met, until
the time as the county probation department provides reasonable
assurances to the director of its intention and ability to comply.
During the period of direct state administrative responsibility, the
director or his or her authorized representative shall have all of
the powers and responsibilities of the chief probation officer with
regard to placement requirements for wards whose board and care is
funded through the Aid to Families with Dependent Children-Foster
Care program, except that he or she shall not be subject to the
authority of the board of supervisors.
In the event that the director invokes sanctions pursuant to this
section, the county probation department shall be responsible for
providing any funds as may be necessary for the continued fulfillment
of placement activities as required by law and regulation for the
placement of wards whose board and care is funded through the Aid to
Families with Dependent Children-Foster Care program administered on
behalf of the department in the county probation department. If a
county probation department fails or refuses to provide these funds,
including a sufficient amount to reimburse any and all costs incurred
by the department in performing the activities required for the
placement of wards whose board and care is funded through the Aid to
Families with Dependent Children-Foster Care program in the county
probation department, the Controller may deduct an amount certified
by the director as necessary for the continued operation of these
programs by the department from any state or federal funds payable to
the county probation department for any purpose.
Nothing in this section shall be construed as preventing a county
probation department from seeking judicial review under Section
1094.5 of the Code of Civil Procedure of any final decision of the
director made after a hearing conducted under this section. This
review shall be the exclusive remedy available to the county
probation department for review of the director's decision.
Nothing in this section shall be construed as preventing the
director from bringing an action for writ of mandamus or any other
action in court as may be appropriate to ensure that there is no
interruption in the provision of benefits to any person eligible
therefor under the provisions of this code or the regulations of the
department.
SEC. 194. Section 10614.5 of the
Welfare and Institutions Code is amended to read:
10614.5. Upon the request of the Joint Legislative Budget
Committee, the Department of Finance shall make immediately
available post on its Internet Web site data on
monthly caseloads and expenditures for public social services
programs supervised by the State Department of Social Services. In
addition, this data shall be incorporated into and made an integral
part of the budget data system.
SEC. 195. Section 10791 of the Welfare
and Institutions Code is amended to read:
10791. The demonstration program provided for in Section 10790
shall, at a minimum, include the following elements:
(a) Uniform 30 percent disregard from gross earned income and
waiver of the 100-hour limit on employment for AFDC-Unemployed
recipient eligibility.
(b) Uniform definition of allowable child care disregards for
full- or part-time care.
(c) It shall not be presumed that any transfer of property made
within three months prior to the time the application was made for
purposes of becoming eligible for CalFresh.
(d) Exemption of personal loans as property where a reasonable
repayment plan is in place. A reasonable repayment plan shall be
defined as a statement from the lender specifying that the money
shall be paid back at a future point in time when the individual is
able to do so.
(e) Use of standard shelter allowances based on local housing
prices without verification in lieu of verified shelter costs.
(f) Exclusion from income financial aid and work study payments
that are computed based on need consistent with Section 11008.10.
(g) Application of good cause determinations related to late
submission of monthly income reports for CalFresh recipients who also
receive AFDC benefits.
(h) Qualification as categorically eligible for CalFresh any
individual who is apparently eligible for or has been granted AFDC
benefits.
(i) Disregarding as income, for CalFresh, the first fifty dollars
($50) of child support received, as currently provided for under the
AFDC program, to the extent federal funding is available.
(j) Uniform treatment of room and board income, consistent with
AFDC program regulations.
(k) Requirement for signatures on monthly income reports,
consistent with AFDC program regulations.
( l ) Standard deduction for expenses related to
self-employment income.
(m) Both programs shall exempt one motor vehicle from property to
be considered in determining eligibility.
(n) Both programs shall compute the value of any motor vehicle not
exempt from consideration in determining eligibility by subtracting
the amount of encumbrances from the fair market value. If an
applicant, a recipient, or a county does not agree with the value of
a vehicle arrived at through this methodology, the applicant or
recipient shall be entitled to the use of either of the following
methods for evaluating the motor vehicle:
(1) Submit three appraisals. An appraisal may be made under this
paragraph by a car dealer, insurance adjuster, or a personal property
appraiser. The average of the three independent appraisals shall be
used by the county in evaluating the motor vehicle.
(2) Obtain an appraisal from a county-appointed appraiser.
(o) Adoption of an exclusion from income for both the AFDC and
CalFresh programs of one hundred dollars ($100) per quarter, in lieu
of the AFDC nonrecurring gift exclusion and the federal Supplemental
Nutrition Assistance Program irregular or infrequent income
exclusion.
(p) Standardization of county retention percentages for collection
of erroneous payments.
(q) Upon receipt of federal approval of this demonstration project
the department, in consultation with the Department of Finance, may
delay implementation of any elements determined to be not cost
effective until funds are appropriated by the Legislature.
The department shall report to the Legislature within that year on
the reasons for the determination of non-cost-effectiveness and the
changes necessary to make the element cost effective.
SEC. 196. Section 11265.5 of the
Welfare and Institutions Code is amended to read:
11265.5. (a) (1) The department may, subject to the requirements
of federal regulations and Section 18204, conduct three pilot
projects, to be located in the Counties of Los Angeles, Merced, and
Santa Clara, upon approval of the department and the participating
counties. The pilot projects shall test the reporting systems
described in subparagraphs (A), (B), and (C) of paragraph (4).
(2) (A) The pilot project conducted in Los Angeles County shall
test one or both reporting systems described in subparagraphs (A) and
(B) of paragraph (4). The pilot project population for each test
shall be limited to 10,000 cases.
(B) The pilot projects in the other counties shall test one of the
reporting systems described in subparagraph (A) or (C) of paragraph
(4) and shall be limited to 2,000 cases per project.
(3) (A) The pilot projects shall be designed and conducted
according to standard scientific principles, and shall be in effect
for a period of 24 months.
(B) The projects may be extended an additional year upon the
approval of the department.
(C) The projects shall be designed to compare the monthly
reporting system with alternatives described in paragraph (4) as to
all of the following phenomena:
(i) Administrative savings resulting from reduced worker time
spent in reviewing monthly reports.
(ii) The amount of cash assistance paid to families.
(iii) The rate of administrative errors in cases and payments.
(iv) The incidence of underpayments and overpayments and the costs
to recipients and the administering agencies of making corrective
payments and collecting overpayments.
(v) Rates at which recipients lose eligibility for brief periods
due to failure to submit a monthly report but file new applications
for aid and thereafter are returned to eligible status.
(vi) Cumulative benefits and costs to each level of government and
to aid recipients resulting from each reporting system.
(vii) The incidence of, and ability to, prosecute fraud.
(viii) Ease of use by clients.
(ix) Case errors and potential sanction costs associated with
those errors.
(4) The pilot projects shall adopt reporting systems providing for
one or more of the following:
(A) A reporting system that requires families with no income or
whose only income is comprised of old age, survivors, or disability
insurance benefits administered pursuant to Subchapter 2 (commencing
with Section 401) of Chapter 7 of Title 42 of the United States Code,
and with no recent work history to report changes in circumstances
that affect eligibility and grant amount as changes occur. These
changes shall be reported directly to the county welfare department
in person, in writing, or by telephone. In all cases in which monthly
reporting is not required, a form advising recipients of what
changes must be reported, and how they may be reported shall be
provided to recipients of aid along with benefit payments each month.
(B) A reporting system that permits families with no income or
whose only income is comprised of old age, survivors, or disability
insurance benefits administered pursuant to Subchapter 2 (commencing
with Section 401) of Chapter 7 of Title 42 of the United States Code,
and with no changes in eligibility criteria, to report
electronically monthly, using either an audio response or the
CalFresh online issuance and recording system, or a combination of
both. Adequate instruction and training shall be provided to county
welfare department staff and to recipients who choose to use this
system prior to its implementation.
(C) A reporting system that requires all families to report
changes in circumstances that affect eligibility and grant amount as
changes occur. The changes shall be reported directly to the county
welfare department in person, in writing, or by telephone. In all
cases in which monthly reporting is not required, a form advising
recipients of what changes must be reported, and how they may be
reported, shall be provided to recipients of aid along with benefit
payments each month.
(b) (1) The participating counties shall be responsible for
preparing federal demonstration project proposals, to be submitted by
the department, upon the department's review and approval of the
proposals, to the federal agency on the counties' behalf. The
development, operation, and evaluation of the pilot projects shall
not result in an increase in the state allocation of county
administrative funds.
(1.5) Each pilot county shall prepare and submit quarterly
reports, annual reports, and a final report to the department.
(2) Each quarterly report shall be submitted no later than 30
calendar days after the end of the quarter.
(3) Each annual report shall be submitted no later than 45 days
after the end of the year.
(4) (A) Each pilot county shall submit a final report not later
than 90 days following completion of the pilot projects required by
this section.
(B) (i) As part of the final report, the pilot counties shall
prepare and submit evaluations of the pilot projects to the
department.
(ii) Each evaluation shall include, but not be limited to, an
analysis of the factors set forth in paragraph (3) of subdivision (a)
compared to each other and the current reporting systems in both the
AFDC program and CalFresh. The final evaluations shall be prepared
by an independent consultant or consultants contracted with for that
purpose prior to the commencement of the projects.
(C) The department shall review and approve the evaluations
submitted by the pilot counties and shall submit them to the
appropriate policy and fiscal committees of the Legislature.
(c) The department may terminate any or all of the pilot projects
implemented pursuant to this section after a period of six months of
operation if one or more of the pilot counties submits data to the
department, or information is otherwise received, indicating that the
pilot project or projects are not cost-effective or adversely impact
recipients or county or state operations based on the factors set
forth in subparagraph (C) of paragraph (3) of subdivision (a).
(d) The pilot projects shall be implemented only upon receipt of
the appropriate federal waivers.
SEC. 197. Section 14005.30 of the
Welfare and Institutions Code is amended to read:
14005.30. (a) (1) To the extent that federal financial
participation is available, Medi-Cal benefits under this chapter
shall be provided to individuals eligible for services under Section
1396u-1 of Title 42 of the United States Code, including any options
under Section 1396u-1(b)(2)(C) made available to and exercised by the
state.
(2) The department shall exercise its option under Section 1396u-1
(b)(2)(C) of Title 42 of the United States Code to adopt less
restrictive income and resource eligibility standards and
methodologies to the extent necessary to allow all recipients of
benefits under Chapter 2 (commencing with Section 11200) to be
eligible for Medi-Cal under paragraph (1).
(3) To the extent federal financial participation is available,
the department shall exercise its option under Section 1396u-1(b)(2)
(C) of Title 42 of the United States Code authorizing the state to
disregard all changes in income or assets of a beneficiary until the
next annual redetermination under Section 14012. The department shall
implement this paragraph only if, and to the extent that the State
Child Health Insurance Program waiver described in Section 12693.755
of the Insurance Code extending Healthy Families Program eligibility
to parents and certain other adults is approved and implemented.
(b) To the extent that federal financial participation is
available, the department shall exercise its option under Section
1396u-1(b)(2)(C) of Title 42 of the United States Code as necessary
to expand eligibility for Medi-Cal under subdivision (a) by
establishing the amount of countable resources individuals or
families are allowed to retain at the same amount medically needy
individuals and families are allowed to retain, except that a family
of one shall be allowed to retain countable resources in the amount
of three thousand dollars ($3,000).
(c) To the extent federal financial participation is available,
the department shall, commencing March 1, 2000, adopt an income
disregard for applicants equal to the difference between the income
standard under the program adopted pursuant to Section 1931(b) of the
federal Social Security Act (42 U.S.C. Sec. 1396u-1) and the amount
equal to 100 percent of the federal poverty level applicable to the
size of the family. A recipient shall be entitled to the same
disregard, but only to the extent it is more beneficial than, and is
substituted for, the earned income disregard available to recipients.
(d) For purposes of calculating income under this section during
any calendar year, increases in social security benefit payments
under Title II of the federal Social Security Act (42 U.S.C. Sec. 401
and following) arising from cost-of-living adjustments shall be
disregarded commencing in the month that these social security
benefit payments are increased by the cost-of-living adjustment
through the month before the month in which a change in the federal
poverty level requires the department to modify the income disregard
pursuant to subdivision (c) and in which new income limits for the
program established by this section are adopted by the department.
(e) Subdivision (b) shall be applied retroactively to January 1,
1998.
(f) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall implement, without taking regulatory action,
subdivisions (a) and (b) of this section by means of an all county
letter or similar
instruction. Thereafter, the department shall adopt regulations in
accordance with the requirements of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. Beginning six months after the effective date of this
section, the department shall provide a status report to the
Legislature on a semiannual basis until regulations have been
adopted.
SEC. 198. Section 14021.31 of the
Welfare and Institutions Code is amended to read:
14021.31. (a) The
department, in collaboration with the State Department of Alcohol and
Drug Programs, shall develop an administrative and programmatic
transition plan to guide the transfer of the Drug Medi-Cal program to
the department effective July 1, 2012.
(1)
(a) Commencing no later than July 15, 2011, the
department, together with the State Department of Alcohol and Drug
Programs, shall convene stakeholders to receive input from consumers,
family members, providers, counties, and representatives of the
Legislature concerning the transfer of the administration of Drug
Medi-Cal functions currently performed by the State Department of
Alcohol and Drug Programs to the department. This consultation shall
inform the creation of an administrative and programmatic transition
plan that shall include, but is not limited to, the following
components:
(A)
(1) Plans for how to review monthly billing from
counties to monitor and prevent any disruptions of service to Drug
Medi-Cal beneficiaries during and immediately after the transition,
and a description of how the department intends to approach the
longer-term development of measures for access and quality of
service.
(B)
(2) A detailed description of the Drug Medi-Cal
administrative functions currently performed by the State Department
of Alcohol and Drug Programs.
(C)
(3) Explanations of the operational steps, timelines,
and key milestones for determining when and how each of these
functions will be transferred. These explanations shall also be
developed for the transition of position and staff serving the Drug
Medi-Cal program and how these will relate to and align with
positions for the Medi-Cal program at the department. The department
shall consult with the Department of Personnel Administration in
developing this aspect of the transition plan.
(D)
(4) A list of any planned or proposed changes or
efficiencies in how the functions will be performed, including the
anticipated fiscal and programmatic impacts of the changes.
(E)
(5) A detailed organization chart that reflects the
planned staffing at the department, taking into account the
requirements of subparagraphs (A) to (C), inclusive, and includes
focused, high-level leadership for behavioral health issues.
(F)
(6) A description of how stakeholders were included in
the initial planning process to formulate the transition plan, and a
description of how their feedback will be taken into consideration
after transition activities are underway.
(2)
(b) The department, together with the State Department
of Alcohol and Drug Programs, shall convene and consult with
stakeholders at least once following production of a draft of the
transition plan and before submission of that plan to the
Legislature. Continued consultation with stakeholders shall occur in
accordance with the requirement in subparagraph (F) of paragraph (1).
(3) The department shall provide the transition plan described in
paragraph (1) to all fiscal committees and appropriate policy
committees of the Legislature by October 1, 2011, and shall provide
additional updates to the Legislature during budget subcommittee
hearings after that date, as necessary.
(b) The requirement for submitting a report imposed under
paragraph (3) of subdivision (a) is inoperative on October 1, 2015,
pursuant to Section 10231.5 of the Government Code.
SEC. 199. Section 14022.4 of the
Welfare and Institutions Code is amended to read:
14022.4. (a) Any nursing facility or any category of intermediate
care facility for the developmentally disabled currently certified
to participate in the Medi-Cal program may not voluntarily withdraw
from the program unless all of the following conditions are met:
(1) The facility shall file with the department a notice of intent
to withdraw from the Medi-Cal program.
(2) Except for patients to be transferred or discharged only for
medical reasons, or for patients' welfare or that of other patients,
or for nonpayment for his or her stay, the facility shall not
subsequently evict any Medi-Cal recipient or private pay patient
residing in the facility at the time the notice of intent to withdraw
from the Medi-Cal program is filed.
(3) Patients admitted to the facility on or after the date of the
notice of intent to withdraw from the Medi-Cal program shall be
advised orally and in writing of both the following:
(A) That the facility intends to withdraw from the Medi-Cal
program.
(B) That notwithstanding Section 14124.7, the facility is not
required to keep a new resident who converts from private pay to
Medi-Cal.
(b) Subdivision (a) shall not apply to facilities that have filed,
prior to May 1, 1987, a notice of intent to withdraw from the
Medi-Cal program.
(c) The department shall notify the appropriate substate ombudsmen
monthly as to which facilities have filed a notice of intent to
withdraw from the Medi-Cal program. This information shall also be
made available to the public and noted in facility files available in
each district office.
(d) The facility may formally withdraw from the Medi-Cal program
when all patients residing in the facility at the time the facility
filed the notice of intent to withdraw from the Medi-Cal program no
longer reside in the facility.
(e) If a facility that has withdrawn as a Medi-Cal provider
pursuant to this section subsequently reapplies to the department to
become a Medi-Cal provider, the department shall require as a
condition of becoming a Medi-Cal provider that the facility enter
into a five-year Medi-Cal provider contract with the department.
(f) (1) This section shall
be inoperative in the event federal law or federal or state appellate
judicial decisions prohibit implementation or invalidate any part of
this section.
(2) In the event of any occurrence which renders this section
inoperative pursuant to paragraph (1), the department shall within 30
days, report that information to the Legislature.
(g) (1) This section does not apply to any facility which ceases
operations entirely.
(2) For purposes of this subdivision, "ceases operations entirely"
means not being in operation for a period of not less than 12
months.
SEC. 200. Section 14067 of the Welfare
and Institutions Code is amended to read:
14067. (a) The department, in conjunction with the Managed Risk
Medical Insurance Board, may develop and conduct a community outreach
and education campaign to help families learn about, and apply for,
Medi-Cal and the Healthy Families Program of the Managed Risk Medical
Insurance Board, subject to the requirements of federal law. In
conducting this campaign, the department may seek input from, and
contract with, various entities and programs that serve children,
including, but not limited to, the State Department of Education,
counties, Women, Infants, and Children program agencies, Head Start
and Healthy Start programs, and community-based organizations that
deal with potentially eligible families and children to assist in the
outreach, education, and application completion process. The
department shall implement the campaign if funding is provided for
this purpose by an appropriation in the annual Budget Act or other
statute.
(b) An annual outreach plan shall be submitted to the Legislature
by April 1 for each fiscal year for those years for which there is
funding in the annual Budget Act or other statute for the outreach
and education campaign. The plan shall address both the Medi-Cal
program for children and the Healthy Families Program and, at a
minimum, shall include the following:
(1) Specific milestones and objectives to be completed for the
upcoming year and their anticipated cost.
(2) A general description of each strategy or method to be used
for outreach.
(3) Geographic areas and special populations to be targeted, if
any, and why the special targeting is needed.
(4) Coordination with other state or county education and outreach
efforts.
(5) The results of previous year outreach efforts.
(c)
(b) In implementing this section, the department may
amend any existing or future media outreach campaign contract that it
has entered into pursuant to Section 14148.5. Notwithstanding any
other provision of law, any such contract entered into, or amended,
as required to implement this section, shall be exempt from the
approval of the Director of General Services and from the provisions
of the Public Contract Code.
(d)
(c) (1) The department, in conjunction with the Managed
Risk Medical Insurance Board, may award contracts to community-based
organizations to help families learn about, and enroll in, the
Medi-Cal program and Healthy Families Program, and other health care
programs for low-income children. The department shall implement this
subdivision if funding is provided for this purpose by an
appropriation in the annual Budget Act or other statute.
(2) Contracts for these outreach and enrollment projects shall be
awarded based on, but not limited to, all of the following criteria:
(A) Capacity to reach populations or geographic areas with
disproportionately low enrollment rates. If it is not possible to
estimate the number of uninsured children in a geographic area who
are eligible for the Medi-Cal program or the Healthy Families
Program, proxy measures for rates of eligible children may be used.
These measures may include, but are not limited to, the number of
children in families with gross annual household incomes at or below
the federal poverty levels pertinent to the programs.
(B) Organizational capacity and experience, including, but not
limited to, any of the following:
(i) Organizational experience in serving low-income families.
(ii) Ability to work effectively with populations that have
disproportionately low enrollment rates.
(iii) Organizational experiences in helping families learn about,
and enroll in, the Medi-Cal program and Healthy Families Program.
Organizations that do not have experience helping families learn
about, and enroll in, the Medi-Cal program and Healthy Families
Program shall be eligible only to the extent that they support and
collaborate with the outreach and enrollment activities of entities
with that experience.
(C) Effectiveness of the outreach and education plan, including,
but not limited to, all of the following:
(i) Culturally and linguistically appropriate outreach and
education strategies.
(ii) Strategies to identify and address barriers to enrollment,
such as transportation limitations and community perceptions
regarding the Medi-Cal program and Healthy Families Program.
(iii) Coordination with other outreach efforts in the community,
including the statewide Healthy Families Program and Medi-Cal program
outreach campaign, the state and federally funded county Medi-Cal
outreach program, and any other Medi-Cal program and Healthy Families
Program outreach projects in the target community.
(iv) Collaboration with other local organizations that serve
families of eligible children.
(v) Strategies to ensure that children and families retain
coverage and are informed of options for health coverage and services
when they lose eligibility for a particular program.
(vi) Plans to inform families about all available health care
programs and services.
SEC. 201. Section 14087.305 of the
Welfare and Institutions Code is amended to read:
14087.305. (a) In areas specified by the director for expansion
of the Medi-Cal managed care program under Section 14087.3 and where
the department is contracting with a prepaid health plan that is
contracting with, governed, owned or operated by a county board of
supervisors, a county special commission or county health authority
authorized by Sections 14018.7, 14087.31, 14087.35, 14087.36,
14087.38, and 14087.96, a Medi-Cal or California Work Opportunity and
Responsibility for Kids (CalWORKs) applicant or beneficiary shall be
informed of the health care options available regarding methods of
receiving Medi-Cal benefits. The county shall ensure that each
beneficiary is informed of these options and informed that a health
care options presentation is available.
(b) The managed care options information described in subdivision
(a) shall include the following elements:
(1) Each beneficiary or eligible applicant shall be provided, at a
minimum, with the name, address, telephone number, and specialty, if
any, of each primary care provider, by specialty, or clinic,
participating in each managed care health plan option through a
personalized provider directory for that beneficiary or applicant.
This information shall be presented under the geographic area
designations, by the name of the primary care provider and clinic and
shall be updated based on information electronically provided
monthly by the health care plans to the department, setting forth any
changes in the health care plan's provider network. The geographic
areas shall be based on the applicant's residence address, the minor
applicant's school address, the applicant's work address, or any
other factor deemed appropriate by the department, in consultation
with health plan representatives, legislative staff, and consumer
stakeholders. In addition, directories of the entire service area of
the local initiative and commercial plan provider networks,
including, but not limited to, the name, address, and telephone
number of each primary care provider and hospital, shall be made
available to beneficiaries or applicants who request them from the
health care options contractor. Each personalized provider directory
shall include information regarding the availability of a directory
of the entire service area, provide telephone numbers for the
beneficiary to request a directory of the entire service area, and
include a postage-paid mail card to send for a directory of the
entire service area. The personalized provider directory shall be
implemented as a pilot project in Los Angeles County pursuant to this
article, and in Sacramento County (Geographic Managed Care Model)
pursuant to Article 2.91 (commencing with Section 14089). The
content, form, and the geographic areas used in the personalized
provider directories shall be determined by the department, in
consultation with a workgroup to include health plan representatives,
legislative staff, and consumer stakeholders, with an emphasis on
the inclusion of stakeholders from Los Angeles and Sacramento
Counties. The personalized provider directories may include a section
for each health plan. Prior to implementation of the pilot project,
the department, in consultation with consumer stakeholders,
legislative staff, and health plans, shall determine the parameters,
methodology, and evaluation process of the pilot project. The pilot
project shall thereafter be in effect for a minimum of two years.
Three months prior to the end of the first two years of the
pilot project, the department shall promptly provide the fiscal and
policy committees of the Legislature with an evaluation of the
personalized provider directory pilot project and its impact on the
Medi-Cal managed care program, including whether the pilot project
resulted in a reduction of default assignments and a more informed
choice process for beneficiaries, and its overall cost-benefit to the
state. Following two years of operation as a pilot project
in two counties and submission of counties,
the evaluation to the Legislature, the
department, in consultation with consumer stakeholders, legislative
staff, and health plans, shall determine whether to implement
personalized provider directories as a permanent program statewide.
This determination shall be based on the outcomes set forth
in the evaluation provided to the Legislature. If
necessary, the pilot project shall continue beyond the initial
two-year period until this determination is made. This pilot project
shall only be implemented to the extent that it is budget neutral to
the department.
(2) Each beneficiary or eligible applicant shall be informed that
he or she may choose to continue an established patient-provider
relationship in a managed care option, if his or her treating
provider is a primary care provider or clinic contracting with any of
the prepaid health plan options available and has available capacity
and agrees to continue to treat that beneficiary or applicant.
(3) Each beneficiary or eligible applicant shall be informed that
if he or she fails to make a choice, he or she shall be assigned to,
and enrolled in, a prepaid health plan.
(c) No later than 30 days following the date a Medi-Cal or
CalWORKs beneficiary or applicant is determined eligible for
Medi-Cal, the beneficiary shall indicate his or her choice, in
writing, from among the available prepaid health plans in the region
and his or her choice of primary care provider or clinic contracting
with the selected prepaid health plan. Notwithstanding the 30-day
deadline set forth in this subdivision, if a beneficiary requests a
directory for the entire service area within 30 days of receiving an
enrollment form, the deadline for choosing a plan shall be extended
an additional 30 days from the date of the request.
(d) At the time the beneficiary or eligible applicant selects a
prepaid health plan, the department shall, when applicable, encourage
the beneficiary or eligible applicant to also indicate, in writing,
his or her choice of primary care provider or clinic contracting with
the selected prepaid health plan.
(e) In areas specified by the director for expansion of the
Medi-Cal managed care program under Section 14087.3, and where the
department is contracting with a prepaid health plan that is
contracting with, governed, owned or operated by a county board of
supervisors, a county special commission or county health authority
authorized by Sections 14018.7, 14087.31, 14087.35, 14087.36,
14087.38, and 14087.96, a Medi-Cal or CalWORKs beneficiary who does
not make a choice of managed care plans, shall be assigned to and
enrolled in an appropriate Medi-Cal prepaid health plan providing
service within the area in which the beneficiary resides.
(f) If a beneficiary or eligible applicant does not choose a
primary care provider or clinic, or does not select any primary care
provider who is available, the prepaid health plan that was selected
by or assigned to the beneficiary shall ensure that the beneficiary
selects a primary care provider or clinic within 30 days after
enrollment or is assigned to a primary care provider within 40 days
after enrollment.
(g) Any Medi-Cal or CalWORKs beneficiary dissatisfied with the
primary care provider or prepaid health plan shall be allowed to
select or be assigned to another primary care provider within the
same prepaid health plan. In addition, the beneficiary shall be
allowed to select or be assigned to another prepaid health plan
contracted for pursuant to this article that is in effect for the
geographic area in which he or she resides, in accordance with
Section 1903(m)(2)(F)(ii) of the Social Security Act.
(h) The department or its contractor shall notify a prepaid health
plan when it has been selected by or assigned to a beneficiary. The
prepaid health plan that has been selected by or assigned to a
beneficiary shall notify the primary care provider that has been
selected or assigned. The prepaid health plan shall also notify the
beneficiary of the prepaid health plan and primary care provider or
clinic selected or assigned.
(i) (1) The managed health care plan shall have a valid Medi-Cal
contract, adequate capacity, and appropriate staffing to provide
health care services to the beneficiary.
(2) The department shall establish standards for all of the
following:
(A) The maximum distances a beneficiary is required to travel to
obtain primary care services from the managed care plan, in which the
beneficiary is enrolled.
(B) The conditions under which a primary care service site shall
be accessible by public transportation.
(C) The conditions under which a managed care plan shall provide
nonmedical transportation to a primary care service site.
(3) In developing the standards required by paragraph (2) the
department shall take into account, on a geographic basis, the means
of transportation used and distances typically traveled by Medi-Cal
beneficiaries to obtain fee-for-service primary care services and the
experience of managed care plans in delivering services to Medi-Cal
enrollees. The department shall also consider the provider's ability
to render culturally and linguistically appropriate services.
(j) To the extent possible, the arrangements for carrying out
subdivision (e) shall provide for the equitable distribution of
Medi-Cal beneficiaries among participating prepaid health plans, or
managed care plans.
(k) This section shall be implemented in a manner consistent with
any federal waiver required to be obtained by the department in order
to implement this section.
SEC. 202. Section 14089 of the Welfare
and Institutions Code is amended to read:
14089. (a) The purpose of this article is to provide a
comprehensive program of managed health care plan services to
Medi-Cal recipients residing in clearly defined geographical areas.
It is, further, the purpose of this article to create maximum
accessibility to health care services by permitting Medi-Cal
recipients the option of choosing from among two or more managed
health care plans or fee-for-service managed case arrangements,
including, but not limited to, health maintenance organizations,
prepaid health plans, and primary care case management plans.
Independent practice associations, health insurance carriers, private
foundations, and university medical centers systems, not-for-profit
clinics, and other primary care providers, may be offered as choices
to Medi-Cal recipients under this article if they are organized and
operated as managed care plans, for the provision of preventive
managed health care plan services.
(b) The department may seek proposals and then shall enter into
contracts based on relative costs, extent of coverage offered,
quality of health services to be provided, financial stability of the
health care plan or carrier, recipient access to services,
cost-containment strategies, peer and community participation in
quality control, emphasis on preventive and managed health care
services and the ability of the health plan to meet all requirements
for both of the following:
(1) Certification, where legally required, by the Director of the
Department of Managed Health Care and the Insurance Commissioner.
(2) Compliance with all of the following:
(A) The health plan shall satisfy all applicable state and federal
legal requirements for participation as a Medi-Cal managed care
contractor.
(B) The health plan shall meet any standards established by the
department for the implementation of this article.
(C) The health plan receives the approval of the department to
participate in the pilot project under this article.
(c) (1) (A) The proposals shall be for the provision of preventive
and managed health care services to specified eligible populations
on a capitated, prepaid, or postpayment basis.
(B) Enrollment in a Medi-Cal managed health care plan under this
article shall be voluntary for beneficiaries eligible for the federal
Supplemental Security Income for the Aged, Blind, and Disabled
Program (Subchapter 16 (commencing with Section 1381) of Chapter 7 of
Title 42 of the United States Code).
(2) The cost of each program established under this section shall
not exceed the total amount that the department estimates it would
pay for all services and requirements within the same geographic area
under the fee-for-service Medi-Cal program.
(d) (1) An eligible beneficiary shall be entitled to enroll in any
health care plan contracted for pursuant to this article that is in
effect for the geographic area in which he or she resides. The
department shall make available to recipients information summarizing
the benefits and limitations of each health care plan available
pursuant to this section in the geographic area in which the
recipient resides. A Medi-Cal or CalWORKs applicant or beneficiary
shall be informed of the health care options available regarding
methods of receiving Medi-Cal benefits. The county shall ensure that
each beneficiary is informed of these options and informed that a
health care options presentation is available.
(2) No later than 30 days following the date a Medi-Cal or
CalWORKs recipient is informed of the health care options described
in paragraph (1), the recipient shall indicate his or her choice, in
writing, of one of the available health care plans and his or her
choice of primary care provider or clinic contracting with the
selected health care plan. Notwithstanding the 30-day deadline set
forth in this paragraph, if a beneficiary requests a directory for
the entire service area within 30 days of the date of receiving an
enrollment form, the deadline for choosing a plan shall be extended
an additional 30 days from the date of that request.
(3) The health care options information described in this
subdivision shall include the following elements:
(A) Each beneficiary or eligible applicant shall be provided, at a
minimum, with the name, address, telephone number, and specialty, if
any, of each primary care provider, by specialty or clinic
participating in each managed health care plan option through a
personalized provider directory for that beneficiary or applicant.
This information shall be presented under the geographic area
designations by the name of the primary care provider and
clinic, and shall be updated based
on information electronically provided monthly by the health care
plans to the department, setting forth changes in the health care
plan provider network. The geographic areas shall be based on the
applicant's residence address, the minor applicant's school address,
the applicant's work address, or any other factor deemed appropriate
by the department, in consultation with health plan representatives,
legislative staff, and consumer stakeholders. In addition,
directories of the entire service area, including, but not limited
to, the name, address, and telephone number of each primary care
provider and hospital, of all Geographic Managed Care health plan
provider networks shall be made available to beneficiaries or
applicants who request them from the health care options contractor.
Each personalized provider directory shall include information
regarding the availability of a directory of the entire service area,
provide telephone numbers for the beneficiary to request a directory
of the entire service area, and include a postage-paid mail card to
send for a directory of the entire service area. The personalized
provider directory shall be implemented as a pilot project in
Sacramento County pursuant to this article, and in Los Angeles County
(Two-Plan Model) pursuant to Article 2.7 (commencing with Section
14087.305). The content, form, and geographic areas used shall be
determined by the department in consultation with a workgroup to
include health plan representatives, legislative staff, and consumer
stakeholders, with an emphasis on the inclusion of stakeholders from
Los Angeles and Sacramento Counties. The personalized provider
directories may include a section for each health plan. Prior to
implementation of the pilot project, the department, in consultation
with consumer stakeholders, legislative staff, and health plans,
shall determine the parameters, methodology, and evaluation process
of the pilot project. The pilot project shall thereafter be in effect
for a minimum of two years. Three months prior to the end
of the first two years of the pilot project, the department shall
promptly provide the fiscal and policy committees of the Legislature
with an evaluation of the personalized provider directory pilot
project and its impact on the Medi-Cal managed care program,
including whether the pilot project resulted in a reduction of
default assignments and a more informed choice process for
beneficiaries, and its overall cost-benefit to the state.
Following two years of operation as a pilot project in two
counties and submission of counties, the
evaluation to the Legislature, the department, in
consultation with consumer stakeholders, legislative staff, and
health plans, shall determine whether to implement personalized
provider directories as a permanent program statewide. This
determination shall be based on the outcomes set forth in the
evaluation provided to the Legislature. If necessary, the
pilot project shall continue beyond the initial two-year period until
this determination is made. This pilot project shall only be
implemented to the extent that it is budget neutral to the
department.
(B) Each beneficiary or eligible applicant shall be informed that
he or she may choose to continue an established patient-provider
relationship in a managed care option, if his or her treating
provider is a primary care provider or clinic contracting with any of
the health plans available and has the available capacity and agrees
to continue to treat that beneficiary or eligible applicant.
(C) Each beneficiary or eligible applicant shall be informed that
if he or she fails to make a choice, he or she shall be assigned to,
and enrolled in, a health care plan.
(4) At the time the beneficiary or eligible applicant selects a
health care plan, the department shall, when applicable, encourage
the beneficiary or eligible applicant to also indicate, in writing,
his or her choice of primary care provider or clinic contracting with
the selected health care plan.
(5) Commencing with the implementation of a geographic managed
care project in a designated county, a Medi-Cal or CalWORKs
beneficiary who does not make a choice of health care plans in
accordance with paragraph (2), shall be assigned to and enrolled in
an appropriate health care plan providing service within the area in
which the beneficiary resides.
(6) If a beneficiary or eligible applicant does not choose a
primary care provider or clinic, or does not select a primary care
provider who is available, the health care plan selected by or
assigned to the beneficiary shall ensure that the beneficiary selects
a primary care provider or clinic within 30 days after enrollment or
is assigned to a primary care provider within 40 days after
enrollment.
(7) A Medi-Cal or CalWORKs beneficiary dissatisfied with the
primary care provider or health care plan shall be allowed to select
or be assigned to another primary care provider within the same
health care plan. In addition, the beneficiary shall be allowed to
select or be assigned to another health care plan contracted for
pursuant to this article that is in effect for the geographic area in
which he or she resides in accordance with Section 1903(m)(2)(F)(ii)
of the Social Security Act.
(8) The department or its contractor shall notify a health care
plan when it has been selected by or assigned to a beneficiary. The
health care plan that has been selected or assigned by a beneficiary
shall notify the primary care provider that has been selected or
assigned. The health care plan shall also notify the beneficiary of
the health care plan and primary care provider selected or assigned.
(9) This section shall be implemented in a manner consistent with
any federal waiver that is required to be obtained by the department
to implement this section.
(e) A participating county may include within the plan or plans
providing coverage pursuant to this section, employees of county
government, and others who reside in the geographic area and who
depend upon county funds for all or part of their health care costs.
(f) Funds may be provided to prospective contractors to assist in
the design, development, and installation of appropriate programs.
The award of these funds shall be based on criteria established by
the department.
(g) In implementing this article, the department may enter into
contracts for the provision of essential administrative and other
services. Contracts entered into under this subdivision may be on a
noncompetitive bid basis and shall be exempt from Chapter 2
(commencing with Section 10290) of Part 2 of Division 2 of the Public
Contract Code.
(h) Notwithstanding any other provision of law, on and after the
effective date of the act adding this subdivision, the department
shall have exclusive authority to set the rates, terms, and
conditions of geographic managed care contracts and contract
amendments under this article. As of that date, all references to
this article to the negotiator or to the California Medical
Assistance Commission shall be deemed to mean the department.
(i) Notwithstanding subdivision (q) of Section 6254 of the
Government Code, a contract or contract amendments executed by both
parties after the effective date of the act adding this subdivision
shall be considered a public record for purposes of the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) and shall be disclosed
upon request. This subdivision includes contracts that reveal the
department's rates of payment for health care services, the rates
themselves, and rate manuals.
SEC. 203. Section 14089.05 of the
Welfare and Institutions Code is amended to read:
14089.05. (a) (1) The department may implement a multiplan
project in the County of San Diego, upon approval of the Board of
Supervisors of the County of San Diego, for the provision of benefits
under this chapter to eligible Medi-Cal recipients. The multiplan
project implemented in San Diego County pursuant to this section
shall provide diagnostic, therapeutic, and preventive services
provided under the Medi-Cal program, and additional benefits
including, but not limited to, medical-related transportation,
comprehensive patient management, and referral to other support
services.
(2) The County of San Diego shall be eligible to receive funds
transferred pursuant to paragraph (1) of subdivision (p) of Section
14163 for the development and implementation of this section. These
funds in the amount allocated by the department for the County of San
Diego shall be paid by the department upon the enactment of this
section to the County of San Diego to reimburse a portion of the
costs of the development of the project. To the full extent permitted
by state and federal law, these funds shall be distributed by the
department for expenditure by the County of San Diego in a manner
that qualifies for federal financial participation under the Medicaid
Program and the department shall expedite the payment of the federal
funds to the County of San Diego. The department shall seek
additional state, federal, and other funds to pay for costs that are
incurred by the County of San Diego to develop the multiplan project
in excess of the payment required by this section, and the department
shall assist the county in obtaining the additional funds.
(b) (1) The County of San Diego may establish two advisory boards,
one of which shall be composed of consumer representatives and the
other of which shall be composed of health care professional's
representatives. Each board shall advise the Department of Health
Services of the County of San Diego and review and comment on all
aspects of the implementation of the multiplan project. At least one
of the members of each advisory board shall be appointed by the board
of supervisors. The board of supervisors shall establish a number of
members to serve on each advisory board, with each supervisor to
appoint an equal number of members from his or her district. Each
advisory board shall vote on all pilot project policies and issues
that are submitted to the board of supervisors.
(2) Notwithstanding any other provision of law, a member of an
advisory board established pursuant to this section shall not be
deemed to be interested in a contract entered into by the department
within the meaning of Article 4 (commencing with Section 1090) of
Chapter 1 of Division 4 of Title 1 of the Government Code if the
member is a Medi-Cal recipient or if all of the following apply:
(A) The member was appointed to represent the interests of
physicians, health care practitioners, hospitals, pharmacies, or
other health care organizations.
(B) The contract authorizes the member or the organization the
member represents to provide Medi-Cal services under the multiplan
project.
(C) The contract contains substantially the same terms and
conditions as contracts entered into with other individuals or
organizations the member was appointed to represent.
(D) The member does not influence or attempt to influence the
joint advisory board or another member of the joint advisory board to
recommend that the department enter into the contract in which the
member is interested.
(E) The member discloses the interest to the joint advisory board
and abstains from voting on any recommendation on the contract.
(F) The advisory board notes the member's disclosure and
abstention in its official records.
(3) Members of the advisory boards shall not be paid compensation
for activities relating to their duties as members, but members who
are Medi-Cal recipients shall be reimbursed an appropriate amount by
the County of San Diego for travel and child care expenses incurred
in performing their duties under this section.
(c) At the discretion of the department, the County of San Diego,
the department, or other appropriate entities may perform any of the
following in a manner that accomplishes the integration of the intake
of eligible beneficiaries to the project, the assessment of
beneficiary individual and family needs and circumstances, and the
timely referral of beneficiaries to health care and other services to
respond to their individual and family needs:
(1) Determine the eligibility of Medi-Cal applicants and
recipients in a manner and environment that is accessible to the
recipients and applicants.
(2) Perform enrollment activities in a manner that ensures that
recipients be given the opportunity to select the provider of their
choice in a manner and environment that is accessible to the
recipients.
(3) The department may negotiate and amend its contract with the
county to provide for specified quality improvement activities, and
may require each of the health plans to participate in those
activities. The department shall also participate in the county's
quality improvement activities.
(d) Notwithstanding Section 14089 or any other provision of law,
the County of San Diego, when contracting with the department
pursuant to this section or subdivision (d), (i), or (j) of Section
14089, shall not be liable for damages for injury to persons or
property arising out of the actions or inactions of the department,
the department's other contractors, or providers of health care or
other services, or Medi-Cal recipients. This section shall not
relieve the County of San Diego from liability arising out of its
actions or inactions.
(e) The County of San Diego, when contracting with the department
pursuant to Section 14089 or this section, shall have no legal duty
to provide health care or other services to Medi-Cal recipients, and
shall have no financial responsibility for the department's other
contractors or providers of health care or other services, except to
the extent specifically set forth in contracts between the department
and the county.
(f) Notwithstanding Section 14089.6, the department may terminate
any existing managed care contract with either a prepaid health plan
or a primary care case management plan for services in the County of
San Diego in accordance with the terms and conditions set forth in
the existing contract, at any time that the department determines
that termination is in the best interest of the state. The department
shall notify an existing prepaid health plan at least 90 days prior
to termination. The department shall notify a primary care case
management plan at least 30 days prior to termination.
(g) All contracts entered into by the department and the County of
San Diego pursuant to Section 14089 or this section shall not be for
the benefit of any third party, and no third-party beneficiary
relationship shall be established between the county and any other
party, except as may be specifically set forth in contracts between
the department and the County of San Diego.
(h) The department shall report to the appropriate committees of
the Legislature on the project implemented pursuant to this section.
(i)
(h) (1) For purposes of this section, "multiplan
project" means a program authorized by this section in which a number
of Knox-Keene licensed health plans designated by the county and
approved by the department shall be the only Medi-Cal managed care
health plans authorized to operate within San Diego County, with the
exception of special projects approved by the department.
(2) Designated health plans shall include, but not be limited to,
health plans sponsored by traditional Medi-Cal physicians,
neighborhood health centers, community clinics, health systems,
including hospitals and other providers, or a combination thereof.
(3) Participating health plans shall first be designated by the
county for approval by the department. Health plans approved by the
department shall be eligible to contract with the department.
Designation by the county and approval by the department provides the
health plan only with the opportunity to compete for a contract and
does not guarantee a contract with the state.
(4) Designation requirements imposed by the county shall not
conflict with the requirements imposed by the department, the federal
Medicaid Program, and the Medi-Cal program, and may not impose
stricter requirements, without the department's approval, than those
imposed by the department, the federal Medicaid Program, and the
Medi-Cal program.
(5) Designation of health plans by the county will continue for
the term of the Medi-Cal contract.
(j)
(i) Nothing in this section relieves the county of
duties or liabilities imposed by Part 5 (commencing with Section
17000) or which it has assumed through contract with entities other
than the department.
(k)
(j) Indian health facilities in San Diego County may
contract directly with the department as Medi-Cal fee-for-service
case management providers apart from the geographic managed care
program or may participate in the network of one or more of the
geographic managed care plans. Indian health service facilities that
contract with the department as fee-for-service case management
providers may enroll Medi-Cal recipients, including, but not limited
to, recipients who are in any of the geographic managed care
mandatory enrollment aid codes.
SEC. 204. Section 14091.3 of the
Welfare and Institutions Code is amended to read:
14091.3. (a) For purposes of this section, the following
definitions shall apply:
(1) "Medi-Cal managed care plan contracts" means those contracts
entered into with the department by any individual, organization, or
entity pursuant to Article 2.7 (commencing with Section 14087.3),
Article 2.8 (commencing with Section 14087.5), or Article 2.91
(commencing with Section 14089) of this chapter, or Article 1
(commencing with Section 14200) or Article 7 (commencing with Section
14490) of Chapter 8, or Chapter 8.75 (commencing with Section
14591).
(2) "Medi-Cal managed care health plan" means an individual,
organization, or entity operating under a Medi-Cal managed care plan
contract with the department under this chapter, Chapter 8
(commencing with Section 14200), or Chapter 8.75 (commencing with
Section 14591).
(b) The department shall take all appropriate steps to amend the
Medicaid State Plan, if necessary, to carry out this section. This
section shall be implemented only to the extent that federal
financial participation is available.
(c) (1) Any hospital that does not have in effect a contract with
a Medi-Cal managed care health plan, as defined in paragraph (2) of
subdivision (a), that establishes payment amounts for services
furnished to a beneficiary enrolled in that plan shall accept as
payment in full, from all these plans, the following amounts:
(A) For outpatient services, the Medi-Cal fee-for-service (FFS)
payment amounts.
(B) For emergency inpatient services, the average per diem
contract rate specified in paragraph (2) of subdivision (b) of
Section 14166.245, except that the payment amount shall not be
reduced by 5 percent, until July 1, 2013, and thereafter, the average
contract rate specified in Section 1396u-2(b)(2) of Title 42 of the
United States Code. For the purposes of this subparagraph, this
payment amount shall apply to all hospitals, including hospitals that
contract with the department under the Medi-Cal Selective Provider
Contracting Program described in Article 2.6 (commencing with Section
14081), and small and rural hospitals specified in Section 124840 of
the Health and Safety Code.
(C) For poststabilization services following an emergency
admission, payment amounts shall be consistent with Section 438.114
(e) of Title 42 of the Code of Federal Regulations. This paragraph
shall only be implemented to the extent that contract amendment
language providing for these payments is approved by CMS. For
purposes of this subparagraph, this payment amount shall apply to all
hospitals, including hospitals that contract with the department
under the Medi-Cal Selective Provider Contracting Program pursuant to
Article 2.6 (commencing with Section 14081).
(2) The rates established in paragraph (1) for emergency inpatient
services and poststabilization services shall remain in effect only
until the department implements the payment methodology based on
diagnosis-related groups pursuant to Section 14105.28.
(3) Upon implementation of the payment methodology based on
diagnosis-related groups pursuant to Section 14105.28, any hospital
described in paragraph (1) shall accept as payment in full for
inpatient hospital services, including both emergency inpatient
services and poststabilization services related to an emergency
medical condition, the payment amount established pursuant to the
methodology developed under Section 14105.28.
(d) Medi-Cal managed care health plans that, pursuant to the
department's encouragement in All Plan Letter 07003, have been paying
out-of-network hospitals the most recent California Medical
Assistance Commission regional average per diem rate as a temporary
rate for purposes of Section 1932(b)(2)(D) of the federal Social
Security Act (SSA), which became effective January 1, 2007, shall
make reconciliations and adjustments for all hospital payments made
since January 1, 2007, based upon rates published by the department
pursuant to Section 1932(b)(2)(D) of the SSA and effective January 1,
2007, to June 30, 2008, inclusive, and, if applicable, provide
supplemental payments to hospitals as necessary to make payments that
conform with Section 1932(b)(2)(D) of the SSA. In order to provide
managed care health plans with 60 working days to make any necessary
supplemental payments to hospitals prior to these payments becoming
subject to the payment of interest, Section 1300.71 of Title 28 of
the California Code of Regulations shall not apply to these
supplemental payments until 30 working days following the publication
by the department of the rates.
(e) (1) The department shall provide a written report to the
policy and fiscal committees of the Legislature on October 1, 2009,
and May 1, 2010, on the implementation and impact made by this
section, including the impact of these changes on access to hospitals
by managed care enrollees and on contracting between hospitals and
managed care health plans, including the increase or decrease in the
number of these contracts.
(2) Not later than August 1, 2010, the department shall report to
the Legislature on the implementation of this section. The report
shall include, but not be limited to, information and analyses
addressing managed care enrollee access to hospital services, the
impact of this section on managed care health plan capitation rates,
the impact of this section on the extent of contracting between
managed care health plans and hospitals, and fiscal impact on the
state.
(3) For the purposes of preparing the status reports and the final
evaluation report required pursuant to this subdivision, Medi-Cal
managed care health plans shall provide the department with all data
and documentation, including contracts with providers, including
hospitals, as deemed necessary by the department to evaluate the
impact of the implementation of this section. In order to ensure the
confidentiality of managed care health plan proprietary information,
and thereby enable the department to have access to all of the data
necessary to provide the Legislature with accurate and meaningful
information regarding the impact of this section, all information and
documentation provided to the department pursuant to this section
shall be considered proprietary and shall be exempt from disclosure
as official information pursuant to subdivision (k) of Section 6254
of the Government Code as contained in the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code).
(f)
(e) 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 department may implement, interpret, or make specific this
section and applicable federal waivers and state plan amendments by
means of all-county letters, plan letters, plan or provider
bulletins, or similar instructions, without taking regulatory action.
Prior to issuing any letter or similar instrument authorized
pursuant to this section, the department shall notify and consult
with stakeholders, including advocates, providers, and beneficiaries.
(g)
(f) This section shall become inoperative on
July 1, 2013, and, as of January 1, 2014, is repealed, unless a
later enacted statute, that becomes operative on or before January 1,
2014, deletes or extends the dates on which it becomes inoperative
and is repealed.
SEC. 205. Section 14094.3 of the
Welfare and Institutions Code is amended to read:
14094.3. (a) Notwithstanding this article or Section 14093.05 or
14094.1, CCS covered services shall not be incorporated into any
Medi-Cal managed care contract entered into after August 1, 1994,
pursuant to Article 2.7 (commencing with Section 14087.3), Article
2.8 (commencing with Section 14087.5), Article 2.9 (commencing with
Section 14088), Article 2.91 (commencing with Section 14089), Article
2.95 (commencing with Section 14092); or either Article 2
(commencing with Section 14200), or Article 7 (commencing with
Section 14490) of Chapter 8, until January 1, 2016, except for
contracts entered into for county organized health systems or
Regional Health Authority in the Counties of San Mateo, Santa
Barbara, Solano, Yolo, Marin, and Napa.
(b) Notwithstanding any other provision of this chapter, providers
serving children under the CCS program who are enrolled with a
Medi-Cal managed care contractor but who are not enrolled in a pilot
project pursuant to subdivision (c) shall continue to submit billing
for CCS covered services on a fee-for-service basis until CCS covered
services are incorporated into the Medi-Cal managed care contracts
described in subdivision (a).
(c) (1) The department may authorize a pilot project in Solano
County in which reimbursement for conditions eligible under the CCS
program may be reimbursed on a capitated basis pursuant to Section
14093.05, and provided all
CCS program's guidelines, standards, and regulations are adhered to,
and CCS program's case management is utilized.
(2) During the time period described in subdivision (a), the
department may approve, implement, and evaluate limited pilot
projects under the CCS program to test alternative managed care
models tailored to the special health care needs of children under
the CCS program. The pilot projects may include, but need not be
limited to, coverage of different geographic areas, focusing on
certain subpopulations, and the employment of different payment and
incentive models. Pilot project proposals from CCS program-approved
providers shall be given preference. All pilot projects shall utilize
CCS program-approved standards and providers pursuant to Section
14094.1.
(d) (1) The department shall submit to the appropriate committees
of the Legislature an evaluation of pilot projects established
pursuant to subdivision (c) based on at least one full year of
operation.
(2) The evaluation required by paragraph (1) shall address the
impact of the pilot projects on outcomes as set forth in paragraph
(4) and, in addition, shall do both of the following:
(A) Examine the barriers, if any, to incorporating CCS covered
services into the Medi-Cal managed care contracts described in
subdivision (a).
(B) Compare different pilot project models with the
fee-for-service system. The evaluation shall identify, to the extent
possible, those factors that make pilot projects most effective in
meeting the special needs of children with CCS eligible conditions.
(3) CCS covered services shall not be incorporated into the
Medi-Cal managed care contracts described in subdivision (a) before
the evaluation process has been completed.
(4) The pilot projects shall be evaluated to determine whether:
(A) All children enrolled with a Medi-Cal managed care contractor
described in subdivision (a) identified as having a CCS eligible
condition are referred in a timely fashion for appropriate health
care.
(B) All children in the CCS program have access to coordinated
care that includes primary care services in their own community.
(C) CCS program standards are adhered to.
(e)
(d) For purposes of this section, CCS covered services
include all program benefits administered by the program specified in
Section 123840 of the Health and Safety Code regardless of the
funding source.
(f)
(e) Nothing in this section shall be construed to
exclude or restrict CCS eligible children from enrollment with a
managed care contractor, or from receiving from the managed care
contractor with which they are enrolled primary and other health care
unrelated to the treatment of the CCS eligible condition.
SEC. 206. Section 14132 of the Welfare
and Institutions Code is amended to read:
14132. The following is the schedule of benefits under this
chapter:
(a) Outpatient services are covered as follows:
Physician, hospital or clinic outpatient, surgical center,
respiratory care, optometric, chiropractic, psychology, podiatric,
occupational therapy, physical therapy, speech therapy, audiology,
acupuncture to the extent federal matching funds are provided for
acupuncture, and services of persons rendering treatment by prayer or
healing by spiritual means in the practice of any church or
religious denomination insofar as these can be encompassed by federal
participation under an approved plan, subject to utilization
controls.
(b) Inpatient hospital services, including, but not limited to,
physician and podiatric services, physical therapy and occupational
therapy, are covered subject to utilization controls.
(c) Nursing facility services, subacute care services, and
services provided by any category of intermediate care facility for
the developmentally disabled, including podiatry, physician, nurse
practitioner services, and prescribed drugs, as described in
subdivision (d), are covered subject to utilization controls.
Respiratory care, physical therapy, occupational therapy, speech
therapy, and audiology services for patients in nursing facilities
and any category of intermediate care facility for the
developmentally disabled are covered subject to utilization controls.
(d) (1) Purchase of prescribed drugs is covered subject to the
Medi-Cal List of Contract Drugs and utilization controls.
(2) Purchase of drugs used to treat erectile dysfunction or any
off-label uses of those drugs are covered only to the extent that
federal financial participation is available.
(3) (A) To the extent required by federal law, the purchase of
outpatient prescribed drugs, for which the prescription is executed
by a prescriber in written, nonelectronic form on or after April 1,
2008, is covered only when executed on a tamper resistant
prescription form. The implementation of this paragraph shall conform
to the guidance issued by the federal Centers of Medicare and
Medicaid Services but shall not conflict with state statutes on the
characteristics of tamper resistant prescriptions for controlled
substances, including Section 11162.1 of the Health and Safety Code.
The department shall provide providers and beneficiaries with as much
flexibility in implementing these rules as allowed by the federal
government. The department shall notify and consult with appropriate
stakeholders in implementing, interpreting, or making specific this
paragraph.
(B) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may take the actions specified in subparagraph (A) by
means of a provider bulletin or notice, policy letter, or other
similar instructions without taking regulatory action.
(4) (A) (i) For the purposes of this paragraph, nonlegend has the
same meaning as defined in subdivision (a) of Section 14105.45.
(ii) Nonlegend acetaminophen-containing products, with the
exception of children's acetaminophen-containing products, selected
by the department are not covered benefits.
(iii) Nonlegend cough and cold products selected by the department
are not covered benefits. This clause shall be implemented on the
first day of the first calendar month following 90 days after the
effective date of the act that added this clause, or on the first day
of the first calendar month following 60 days after the date the
department secures all necessary federal approvals to implement this
section, whichever is later.
(iv) Beneficiaries under the Early and Periodic Screening,
Diagnosis, and Treatment Program shall be exempt from clauses (ii)
and (iii).
(B) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may take the actions specified in subparagraph (A) by
means of a provider bulletin or notice, policy letter, or other
similar instruction without taking regulatory action.
(e) Outpatient dialysis services and home hemodialysis services,
including physician services, medical supplies, drugs and equipment
required for dialysis, are covered, subject to utilization controls.
(f) Anesthesiologist services when provided as part of an
outpatient medical procedure, nurse anesthetist services when
rendered in an inpatient or outpatient setting under conditions set
forth by the director, outpatient laboratory services, and X-ray
services are covered, subject to utilization controls. Nothing in
this subdivision shall be construed to require prior authorization
for anesthesiologist services provided as part of an outpatient
medical procedure or for portable X-ray services in a nursing
facility or any category of intermediate care facility for the
developmentally disabled.
(g) Blood and blood derivatives are covered.
(h) (1) Emergency and essential diagnostic and restorative dental
services, except for orthodontic, fixed bridgework, and partial
dentures that are not necessary for balance of a complete artificial
denture, are covered, subject to utilization controls. The
utilization controls shall allow emergency and essential diagnostic
and restorative dental services and prostheses that are necessary to
prevent a significant disability or to replace previously furnished
prostheses which are lost or destroyed due to circumstances beyond
the beneficiary's control. Notwithstanding the foregoing, the
director may by regulation provide for certain fixed artificial
dentures necessary for obtaining employment or for medical conditions
that preclude the use of removable dental prostheses, and for
orthodontic services in cleft palate deformities administered by the
department's California Children Services Program.
(2) For persons 21 years of age or older, the services specified
in paragraph (1) shall be provided subject to the following
conditions:
(A) Periodontal treatment is not a benefit.
(B) Endodontic therapy is not a benefit except for vital
pulpotomy.
(C) Laboratory processed crowns are not a benefit.
(D) Removable prosthetics shall be a benefit only for patients as
a requirement for employment.
(E) The director may, by regulation, provide for the provision of
fixed artificial dentures that are necessary for medical conditions
that preclude the use of removable dental prostheses.
(F) Notwithstanding the conditions specified in subparagraphs (A)
to (E), inclusive, the department may approve services for persons
with special medical disorders subject to utilization review.
(3) Paragraph (2) shall become inoperative July 1, 1995.
(i) Medical transportation is covered, subject to utilization
controls.
(j) Home health care services are covered, subject to utilization
controls.
(k) Prosthetic and orthotic devices and eyeglasses are covered,
subject to utilization controls. Utilization controls shall allow
replacement of prosthetic and orthotic devices and eyeglasses
necessary because of loss or destruction due to circumstances beyond
the beneficiary's control. Frame styles for eyeglasses replaced
pursuant to this subdivision shall not change more than once every
two years, unless the department so directs.
Orthopedic and conventional shoes are covered when provided by a
prosthetic and orthotic supplier on the prescription of a physician
and when at least one of the shoes will be attached to a prosthesis
or brace, subject to utilization controls. Modification of stock
conventional or orthopedic shoes when medically indicated, is covered
subject to utilization controls. When there is a clearly established
medical need that cannot be satisfied by the modification of stock
conventional or orthopedic shoes, custom-made orthopedic shoes are
covered, subject to utilization controls.
Therapeutic shoes and inserts are covered when provided to
beneficiaries with a diagnosis of diabetes, subject to utilization
controls, to the extent that federal financial participation is
available.
( l ) Hearing aids are covered, subject to utilization
controls. Utilization controls shall allow replacement of hearing
aids necessary because of loss or destruction due to circumstances
beyond the beneficiary's control.
(m) Durable medical equipment and medical supplies are covered,
subject to utilization controls. The utilization controls shall allow
the replacement of durable medical equipment and medical supplies
when necessary because of loss or destruction due to circumstances
beyond the beneficiary's control. The utilization controls shall
allow authorization of durable medical equipment needed to assist a
disabled beneficiary in caring for a child for whom the disabled
beneficiary is a parent, stepparent, foster parent, or legal
guardian, subject to the availability of federal financial
participation. The department shall adopt emergency regulations to
define and establish criteria for assistive durable medical equipment
in accordance with 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).
(n) Family planning services are covered, subject to utilization
controls.
(o) Inpatient intensive rehabilitation hospital services,
including respiratory rehabilitation services, in a general acute
care hospital are covered, subject to utilization controls, when
either of the following criteria are met:
(1) A patient with a permanent disability or severe impairment
requires an inpatient intensive rehabilitation hospital program as
described in Section 14064 to develop function beyond the limited
amount that would occur in the normal course of recovery.
(2) A patient with a chronic or progressive disease requires an
inpatient intensive rehabilitation hospital program as described in
Section 14064 to maintain the patient's present functional level as
long as possible.
(p) (1) Adult day health care is covered in accordance with
Chapter 8.7 (commencing with Section 14520).
(2) Commencing 30 days after the effective date of the act that
added this paragraph, and notwithstanding the number of days
previously approved through a treatment authorization request, adult
day health care is covered for a maximum of three days per week.
(3) As provided in accordance with paragraph (4), adult day health
care is covered for a maximum of five days per week.
(4) As of the date that the director makes the declaration
described in subdivision (g) of Section 14525.1, paragraph (2) shall
become inoperative and paragraph (3) shall become operative.
(q) (1) Application of fluoride, or other appropriate fluoride
treatment as defined by the department, other prophylaxis treatment
for children 17 years of age and under, are covered.
(2) All dental hygiene services provided by a registered dental
hygienist in alternative practice pursuant to Sections 1768 and 1770
of the Business and Professions Code may be covered as long as they
are within the scope of Denti-Cal benefits and they are necessary
services provided by a registered dental hygienist in alternative
practice.
(r) (1) Paramedic services performed by a city, county, or special
district, or pursuant to a contract with a city, county, or special
district, and pursuant to a program established under Article 3
(commencing with Section 1480) of Chapter 2.5 of Division 2 of the
Health and Safety Code by a paramedic certified pursuant to that
article, and consisting of defibrillation and those services
specified in subdivision (3) of Section 1482 of the article.
(2) All providers enrolled under this subdivision shall satisfy
all applicable statutory and regulatory requirements for becoming a
Medi-Cal provider.
(3) This subdivision shall be implemented only to the extent
funding is available under Section 14106.6.
(s) In-home medical care services are covered when medically
appropriate and subject to utilization controls, for beneficiaries
who would otherwise require care for an extended period of time in an
acute care hospital at a cost higher than in-home medical care
services. The director shall have the authority under this section to
contract with organizations qualified to provide in-home medical
care services to those persons. These services may be provided to
patients placed in shared or congregate living arrangements, if a
home setting is not medically appropriate or available to the
beneficiary. As used in this section, "in-home medical care service"
includes utility bills directly attributable to continuous, 24-hour
operation of life-sustaining medical equipment, to the extent that
federal financial participation is available.
As used in this subdivision, in-home medical care services,
include, but are not limited to:
(1) Level of care and cost of care evaluations.
(2) Expenses, directly attributable to home care activities, for
materials.
(3) Physician fees for home visits.
(4) Expenses directly attributable to home care activities for
shelter and modification to shelter.
(5) Expenses directly attributable to additional costs of special
diets, including tube feeding.
(6) Medically related personal services.
(7) Home nursing education.
(8) Emergency maintenance repair.
(9) Home health agency personnel benefits which permit coverage of
care during periods when regular personnel are on vacation or using
sick leave.
(10) All services needed to maintain antiseptic conditions at
stoma or shunt sites on the body.
(11) Emergency and nonemergency medical transportation.
(12) Medical supplies.
(13) Medical equipment, including, but not limited to, scales,
gurneys, and equipment racks suitable for paralyzed patients.
(14) Utility use directly attributable to the requirements of home
care activities which are in addition to normal utility use.
(15) Special drugs and medications.
(16) Home health agency supervision of visiting staff which is
medically necessary, but not included in the home health agency rate.
(17) Therapy services.
(18) Household appliances and household utensil costs directly
attributable to home care activities.
(19) Modification of medical equipment for home use.
(20) Training and orientation for use of life-support systems,
including, but not limited to, support of respiratory functions.
(21) Respiratory care practitioner services as defined in Sections
3702 and 3703 of the Business and Professions Code, subject to
prescription by a physician and surgeon.
Beneficiaries receiving in-home medical care services are entitled
to the full range of services within the Medi-Cal scope of benefits
as defined by this section, subject to medical necessity and
applicable utilization control. Services provided pursuant to this
subdivision, which are not otherwise included in the Medi-Cal
schedule of benefits, shall be available only to the extent that
federal financial participation for these services is available in
accordance with a home- and community-based services waiver.
(t) Home- and community-based services approved by the United
States Department of Health and Human Services may be covered to the
extent that federal financial participation is available for those
services under waivers granted in accordance with Section 1396n of
Title 42 of the United States Code. The director may seek waivers for
any or all home- and community-based services approvable under
Section 1396n of Title 42 of the United States Code. Coverage for
those services shall be limited by the terms, conditions, and
duration of the federal waivers.
(u) Comprehensive perinatal services, as provided through an
agreement with a health care provider designated in Section 14134.5
and meeting the standards developed by the department pursuant to
Section 14134.5, subject to utilization controls.
The department shall seek any federal waivers necessary to
implement the provisions of this subdivision. The provisions for
which appropriate federal waivers cannot be obtained shall not be
implemented. Provisions for which waivers are obtained or for which
waivers are not required shall be implemented notwithstanding any
inability to obtain federal waivers for the other provisions. No
provision of this subdivision shall be implemented unless matching
funds from Subchapter XIX (commencing with Section 1396) of Chapter 7
of Title 42 of the United States Code are available.
(v) Early and periodic screening, diagnosis, and treatment for any
individual under 21 years of age is covered, consistent with the
requirements of Subchapter XIX (commencing with Section 1396) of
Chapter 7 of Title 42 of the United States Code.
(w) Hospice service which is Medicare-certified hospice service is
covered, subject to utilization controls. Coverage shall be
available only to the extent that no additional net program costs are
incurred.
(x) When a claim for treatment provided to a beneficiary includes
both services which are authorized and reimbursable under this
chapter, and services which are not reimbursable under this chapter,
that portion of the claim for the treatment and services authorized
and reimbursable under this chapter shall be payable.
(y) Home- and community-based services approved by the United
States Department of Health and Human Services for beneficiaries with
a diagnosis of AIDS or ARC, who require intermediate care or a
higher level of care.
Services provided pursuant to a waiver obtained from the Secretary
of the United States Department of Health and Human Services
pursuant to this subdivision, and which are not otherwise included in
the Medi-Cal schedule of benefits, shall be available only to the
extent that federal financial participation for these services is
available in accordance with the waiver, and subject to the terms,
conditions, and duration of the waiver. These services shall be
provided to individual beneficiaries in accordance with the client's
needs as identified in the plan of care, and subject to medical
necessity and applicable utilization control.
The director may under this section contract with organizations
qualified to provide, directly or by subcontract, services provided
for in this subdivision to eligible beneficiaries. Contracts or
agreements entered into pursuant to this division shall not be
subject to the Public Contract Code.
(z) Respiratory care when provided in organized health care
systems as defined in Section 3701 of the Business and Professions
Code, and as an in-home medical service as outlined in subdivision
(s).
(aa) (1) There is hereby established in the department, a program
to provide comprehensive clinical family planning services to any
person who has a family income at or below 200 percent of the federal
poverty level, as revised annually, and who is eligible to receive
these services pursuant to the waiver identified in paragraph (2).
This program shall be known as the Family Planning, Access, Care, and
Treatment (Family PACT) Program.
(2) The department shall seek a waiver in accordance with Section
1315 of Title 42 of the United States Code, or a state plan amendment
adopted in accordance with Section 1396a(a)(10)(A)(ii)(XXI)(ii)(2)
of Title 42 of the United States Code, which was added to Section
1396a of Title 42 of the United States Code by Section 2303(a)(2) of
the federal Patient Protection and Affordable Care Act (PPACA)
(Public Law 111-148), for a program to provide comprehensive clinical
family planning services as described in paragraph (8). Under the
waiver, the program shall be operated only in accordance with the
waiver and the statutes and regulations in paragraph (4) and subject
to the terms, conditions, and duration of the waiver. Under the state
plan amendment, which shall replace the waiver and shall be known as
the Family PACT successor state plan amendment, the program shall be
operated only in accordance with this subdivision and the statutes
and regulations in paragraph (4). The state shall use the standards
and processes imposed by the state on January 1, 2007, including the
application of an eligibility discount factor to the extent required
by the federal Centers for Medicare and Medicaid Services, for
purposes of determining eligibility as permitted under Section 1396a
(a)(10)(A)(ii)(XXI)(ii)(2) of Title 42 of the United States Code. To
the extent that federal financial participation is available, the
program shall continue to conduct education, outreach, enrollment,
service delivery, and evaluation services as specified under the
waiver. The services shall be provided under the program only if the
waiver and, when applicable, the successor state plan amendment are
approved by the federal Centers for Medicare and Medicaid Services
and only to the extent that federal financial participation is
available for the services. Nothing in this section shall prohibit
the department from seeking the Family PACT successor state plan
amendment during the operation of the waiver.
(3) Solely for the purposes of the waiver or Family PACT successor
state plan amendment and notwithstanding any other provision of law,
the collection and use of an individual's social security number
shall be necessary only to the extent required by federal law.
(4) Sections 14105.3 to 14105.39, inclusive, 14107.11, 24005, and
24013, and any regulations adopted under these statutes shall apply
to the program provided for under this subdivision. No other
provision of law under the Medi-Cal program or the State-Only Family
Planning Program shall apply to the program provided for under this
subdivision.
(5) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement, without taking regulatory action, the
provisions of the waiver after its approval by the federal Health
Care Financing Administration and the provisions of this section by
means of an all-county letter or similar instruction to providers.
Thereafter, the department shall adopt regulations to implement this
section and the approved waiver in accordance with the requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code. Beginning six months
after the effective date of the act adding this subdivision, the
department shall provide a status report to the Legislature on a
semiannual basis until regulations have been adopted.
(6) In the event that the Department of Finance determines that
the program operated under the authority of the waiver described in
paragraph (2) or the Family PACT successor state plan amendment is no
longer cost effective, this subdivision shall become inoperative on
the first day of the first month following the issuance of a 30-day
notification of that determination in writing by the Department of
Finance to the chairperson in each house that considers
appropriations, the chairpersons of the committees, and the
appropriate subcommittees in each house that considers the State
Budget, and the Chairperson of the Joint Legislative Budget
Committee.
(7) If this subdivision ceases to be operative, all persons who
have received or are eligible to receive comprehensive clinical
family planning services pursuant to the waiver described in
paragraph (2) shall receive family planning services under the
Medi-Cal program pursuant to subdivision (n) if they are otherwise
eligible for Medi-Cal with no share of cost, or shall receive
comprehensive clinical family planning services under the program
established in Division 24
(commencing with Section 24000) either if they are eligible for
Medi-Cal with a share of cost or if they are otherwise eligible under
Section 24003.
(8) For purposes of this subdivision, "comprehensive clinical
family planning services" means the process of establishing
objectives for the number and spacing of children, and selecting the
means by which those objectives may be achieved. These means include
a broad range of acceptable and effective methods and services to
limit or enhance fertility, including contraceptive methods, federal
Food and Drug Administration approved contraceptive drugs, devices,
and supplies, natural family planning, abstinence methods, and basic,
limited fertility management. Comprehensive clinical family planning
services include, but are not limited to, preconception counseling,
maternal and fetal health counseling, general reproductive health
care, including diagnosis and treatment of infections and conditions,
including cancer, that threaten reproductive capability, medical
family planning treatment and procedures, including supplies and
followup, and informational, counseling, and educational services.
Comprehensive clinical family planning services shall not include
abortion, pregnancy testing solely for the purposes of referral for
abortion or services ancillary to abortions, or pregnancy care that
is not incident to the diagnosis of pregnancy. Comprehensive clinical
family planning services shall be subject to utilization control and
include all of the following:
(A) Family planning related services and male and female
sterilization. Family planning services for men and women shall
include emergency services and services for complications directly
related to the contraceptive method, federal Food and Drug
Administration approved contraceptive drugs, devices, and supplies,
and followup, consultation, and referral services, as indicated,
which may require treatment authorization requests.
(B) All United States Department of Agriculture, federal Food and
Drug Administration approved contraceptive drugs, devices, and
supplies that are in keeping with current standards of practice and
from which the individual may choose.
(C) Culturally and linguistically appropriate health education and
counseling services, including informed consent, that include all of
the following:
(i) Psychosocial and medical aspects of contraception.
(ii) Sexuality.
(iii) Fertility.
(iv) Pregnancy.
(v) Parenthood.
(vi) Infertility.
(vii) Reproductive health care.
(viii) Preconception and nutrition counseling.
(ix) Prevention and treatment of sexually transmitted infection.
(x) Use of contraceptive methods, federal Food and Drug
Administration approved contraceptive drugs, devices, and supplies.
(xi) Possible contraceptive consequences and followup.
(xii) Interpersonal communication and negotiation of relationships
to assist individuals and couples in effective contraceptive method
use and planning families.
(D) A comprehensive health history, updated at the next periodic
visit (between 11 and 24 months after initial examination) that
includes a complete obstetrical history, gynecological history,
contraceptive history, personal medical history, health risk factors,
and family health history, including genetic or hereditary
conditions.
(E) A complete physical examination on initial and subsequent
periodic visits.
(F) Services, drugs, devices, and supplies deemed by the federal
Centers for Medicare and Medicaid Services to be appropriate for
inclusion in the program.
(9) In order to maximize the availability of federal financial
participation under this subdivision, the director shall have the
discretion to implement the Family PACT successor state plan
amendment retroactively to July 1, 2010.
(ab) (1) Purchase of prescribed enteral nutrition products is
covered, subject to the Medi-Cal list of enteral nutrition products
and utilization controls.
(2) Purchase of enteral nutrition products is limited to those
products to be administered through a feeding tube, including, but
not limited to, a gastric, nasogastric, or jejunostomy tube.
Beneficiaries under the Early and Periodic Screening, Diagnosis, and
Treatment Program shall be exempt from this paragraph.
(3) Notwithstanding paragraph (2), the department may deem an
enteral nutrition product, not administered through a feeding tube,
including, but not limited to, a gastric, nasogastric, or jejunostomy
tube, a benefit for patients with diagnoses, including, but not
limited to, malabsorption and inborn errors of metabolism, if the
product has been shown to be neither investigational nor experimental
when used as part of a therapeutic regimen to prevent serious
disability or death.
(4) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement the amendments to this subdivision made by
the act that added this paragraph by means of all-county letters,
provider bulletins, or similar instructions, without taking
regulatory action.
(5) The amendments made to this subdivision by the act that added
this paragraph shall be implemented June 1, 2011, or on the first day
of the first calendar month following 60 days after the date the
department secures all necessary federal approvals to implement this
section, whichever is later.
(ac) Diabetic testing supplies are covered when provided by a
pharmacy, subject to utilization controls.
SEC. 207. Section 14133.9 of the Welfare
and Institutions Code is amended to read:
14133.9. The implementation of prior authorization permitted by
subdivision (a) of Section 14133 shall be subject to all of the
following provisions:
(a) The department shall secure a toll free phone number for the
use of providers of Medi-Cal services listed in Section 14132. For
providers, the department shall provide access to an individual
knowledgeable in the program to provide Medi-Cal providers with
information regarding available services. Access shall include a
toll-free phone number that provides reasonable access to that
person. The number shall be operated 24 hours a day, seven days a
week.
(b) For major categories of treatment subject to prior
authorization, the department shall publicize and continue to develop
its list of objective medical criteria that indicate when
authorization should be granted. Any request meeting these criteria,
as determined by the department, shall be approved, or deferred as
authorized in subdivision (e) by specific medical information.
(c) The objective medical criteria required by subdivision (d)
shall be adopted and published in accordance with the Administrative
Procedure Act, and shall be made available at appropriate cost.
(d) When a proposed treatment meets objective medical criteria,
and is not contraindicated, authorization for the treatment shall be
provided within an average of five working days. When a treatment
authorization request is not subject to objective medical criteria, a
decision on medical necessity shall be made by a professional
medical employee or contractor of the department within an average of
five working days.
(e) Notwithstanding the provisions of subdivisions (c) and (d),
the department shall adopt, by emergency regulations as provided by
this subdivision, a list of elective services that the director
determines may be nonurgent. In determining these services, the
department shall be guided by commonly accepted medical practice
parameters. Authorization for these services may be deferred for a
period of up to 90 days. In making determinations regarding these
referrals, the department may use criteria separate from, or in
addition to, those specified in subdivision (c). These deferrals
shall be determined through the treatment authorization request
process. When a proposed service is on the list of elective services
that the director determines may be considered nonurgent,
authorization for the service shall be granted or deferred within an
average of 10 working days. The State Department of Health Services
may adopt emergency regulations to implement this subdivision in
accordance with 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 initial adoption of emergency regulations
and one readoption of the initial regulations shall be deemed to be
an emergency and necessary for the immediate preservation of the
public peace, health and safety or general welfare. Initial emergency
regulations and the first readoption of those regulations shall be
exempt from review by the Office of Administrative Law. The emergency
regulations authorized by this subdivision shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and publication in the California Code of Regulations and shall
remain in effect for no more than 120 days.
(f) The department shall submit to the Legislature, every three
months, its treatment authorization request status report.
(g)
(f) Final decisions of the department on denial of
requests for prior authorization for inpatient acute hospital care
shall be reviewable upon request of a provider by a Professional
Standards Review Organization established pursuant to Public Law
92-603, or a successor organization if either of the following
applies:
(1) The original decision on the request was not performed by a
Professional Standards Review Organization, or its successor
organization.
(2) The original decision on the request was performed by a
Professional Standards Review Organization, or its successor
organization, and the original decision was reversed by the
department. The department shall contract with one or more of these
organizations to, among other things, perform the review function
required by this subdivision. The review performed by the contracting
organization shall result in a finding that the department's
decision is either appropriate or unjustified, in accordance with
existing law, regulation, and medical criteria. The cost of each
review shall be borne by the party that does not prevail.
The decision of this body shall be reviewable by civil action.
(h)
(g) This section, and any amendments made to Section
14103.6 by Assembly Bill 2254 of the 1985-86 Regular Legislative
Session, shall not apply to treatment or services provided under
contracts awarded by the department under which the contractor agrees
to assume the risk of utilization or costs of services.
SEC. 208. Section 14161 of the Welfare
and Institutions Code is amended to read:
14161. Carriers and providers of Medi-Cal benefits shall be
required to utilize uniform accounting and cost-reporting systems as
shall be developed and adopted by the department. If any other
provision of law provides for uniform accounting and cost-reporting
systems for hospitals, the department shall adopt these systems.
Carriers and providers of Medi-Cal benefits shall provide cost
information to the department as is necessary in order to conduct
studies to determine payment for services provided under this
chapter, including but not limited to copies of any Medicare cost
reports and settlements, and any Medicare audit reports.
Failure to comply with the provisions of this section shall be
cause for suspension from participation under this chapter.
The department shall conduct such studies as necessary to
determine payments for services provided under this chapter.
The results of or progress reports concerning such studies shall be
submitted to the Legislature by January 31 of each year.
The department shall submit an annual report to the Governor and
the Legislature by January 31 of each year setting forth a
comprehensive description of its activities and the operation and
administration of the Medi-Cal program including, but not limited to,
a fiscal accounting of expenditures, an evaluation of the relative
cost and effectiveness of the various plans in accomplishing the
desired goals, results of demonstration or pilot programs, and its
recommendations as to legislation and other action as is necessary
for carrying out the purposes of this chapter.
SEC. 209. Section 14521.1 of the
Welfare and Institutions Code is amended to read:
14521.1. (a) Effective January 1, 2007, the department
shall report annually to the relevant policy and fiscal committees of
the Legislature, as part of the budget submitted by the Governor to
the Legislature each January, on the implementation of changes made
to the adult day health care program by the act adding this section,
including the impact of those changes on the number of centers and
participants.
(b) If
Where a conflict exists between existing regulations and
adult day health care laws in effect on and after January 1, 2007,
the department shall, until new regulations are adopted, issue
guidance to adult day health care providers through provider
bulletins to clarify the adult day health care laws and regulations
that are in effect.
SEC. 210. Section 14701 of the Welfare
and Institutions Code is amended to read:
14701. (a) The State Department of Health Care Services, in
collaboration with the State Department of Mental Health and the
California Health and Human Services Agency, shall create a state
administrative and programmatic transition plan, either as one
comprehensive transition plan or separately, to guide the transfer of
the Medi-Cal specialty mental health managed care and the EPSDT
Program to the State Department of Health Care Services effective
July 1, 2012.
(1) Commencing no later than July 15, 2011, the State Department
of Health Care Services, together with the State Department of Mental
Health, shall convene a series of stakeholder meetings and forums to
receive input from clients, family members, providers, counties, and
representatives of the Legislature concerning the transition and
transfer of Medi-Cal specialty mental health managed care and the
EPSDT Program. This consultation shall inform the creation of a state
administrative transition plan and a programmatic transition plan
that shall include, but is not limited to, the following components:
(A) Plan shall ensure it is developed in a way that continues
access and quality of service during and immediately after the
transition, preventing any disruption of services to clients and
family members, providers and counties and others affected by this
transition.
(B) A detailed description of the state administrative functions
currently performed by the State Department of Mental Health
regarding Medi-Cal specialty mental health managed care and the EPSDT
Program.
(C) Explanations of the operational steps, timelines, and key
milestones for determining when and how each function or program will
be transferred. These explanations shall also be developed for the
transition of positions and staff serving Medi-Cal specialty mental
health managed care and the EPSDT Program, and how these will relate
to, and align with, positions at the State Department of Health Care
Services. The State Department of Health Care Services and the
California Health and Human Services Agency shall consult with the
Department of Personnel Administration in developing this aspect of
the transition plan.
(D) A list of any planned or proposed changes or efficiencies in
how the functions will be performed, including the anticipated fiscal
and programmatic impacts of the changes.
(E) A detailed organization chart that reflects the planned
staffing at the State Department of Health Care Services in light of
the requirements of subparagraphs (A) through (C) and includes
focused, high-level leadership for behavioral health issues.
(F) A description of how stakeholders were included in the various
phases of the planning process to formulate the transition plans and
a description of how their feedback will be taken into consideration
after transition activities are underway.
(2) The State Department of Health Care Services, together with
the State Department of Mental Health and the California Health and
Human Services Agency, shall convene and consult with stakeholders at
least twice following production of a draft of the transition plans
and before submission of transition plans to the Legislature.
Continued consultation with stakeholders shall occur in accordance
with the requirement in subparagraph (F) of paragraph (1).
(3) The State Department of Health Care Services shall provide the
transition plans described in paragraph (1) to all fiscal committees
and appropriate policy committees of the Legislature no later than
October 1, 2011. The transition plans may also be updated by the
Governor and provided to all fiscal and applicable policy committees
of the Legislature upon its completion, but no later than May 15,
2012.
SEC. 211. Section 18901.2 of the
Welfare and Institutions Code is amended to read:
18901.2. (a) It is the intent of the Legislature to create a
program in California that provides a nominal Low-Income Home Energy
Assistance Program (LIHEAP) service benefit, through the LIHEAP block
grant, to all recipient households of CalFresh so that they are made
aware of services available under LIHEAP and so that some households
may experience an increase in federal Supplemental Nutrition
Assistance Program benefits, as well as benefit from paperwork
reduction.
(b) To the extent permitted by federal law, the State Department
of Social Services (DSS) shall, in conjunction with the Department of
Community Services and Development (CSD), design, implement, and
maintain a utility assistance initiative: the "Heat and Eat" program.
(1) The nominal LIHEAP service benefit shall be funded through the
LIHEAP block grant provided by the CSD to the DSS upon receipt by
the CSD of the LIHEAP block grant funds from the federal funding
authorities.
(2) The total amount transferred shall be the product of the
nominal LIHEAP service benefit established by the CSD in the LIHEAP
state plan multiplied by the number of CalFresh recipient households
as agreed upon annually by the CSD and the DSS.
(3) Should the demand for the nominal LIHEAP service benefit
exceed allocated funding established by the CSD in the LIHEAP state
plan, the CSD and the DSS shall report to the Legislature and develop
a plan to maintain the program as intended.
(4)
(3) The total amount transferred shall be reduced by
any unexpended or reinvested amounts remaining from prior transfers
for the nominal LIHEAP service benefits as provided in subparagraph
(C) of paragraph (1) of subdivision (c).
(c) In implementing and maintaining the utility assistance
initiative, the State Department of Social Services shall do all of
the following:
(1) (A) Grant all recipient households of CalFresh benefits
pursuant to this chapter a nominal LIHEAP service benefit out of the
federal LIHEAP block grant (42 U.S.C. Sec. 8261 et seq.).
(B) In establishing the nominal LIHEAP service benefit amount, the
department shall take into consideration that the benefit level need
not provide significant utility assistance.
(C) Any funds allocated for this purpose not expended by CalFresh
recipient households shall be recouped through the "Heat and Eat"
program and reinvested into the program on an annual basis as
determined by both departments.
(2) Provide the nominal LIHEAP service benefit without requiring
the applicant or recipient to provide additional paperwork or
verification.
(3) To the extent permitted by federal law and to the extent
federal funds are available, provide the nominal LIHEAP service
benefit annually to each recipient of CalFresh benefits.
(4) Deliver the nominal LIHEAP service benefit using the
Electronic Benefit Transfer (EBT) system or other nonpaper delivery
system.
(5) Ensure that receipt of the nominal LIHEAP service benefit
pursuant to this section shall not disqualify the applicant or
recipient of CalFresh benefits from receiving other nominal LIHEAP
service benefits or other utility benefits for which they qualify.
(d) Recipients of the nominal LIHEAP service benefit pursuant to
this section shall remain subject to the additional eligibility
requirements for LIHEAP assistance as outlined in the California
LIHEAP state plan, developed by the CSD.
(e) To the extent permitted by federal law, a CalFresh household
receiving or anticipating receipt of nominal LIHEAP service benefits
pursuant to the utility assistance initiative or any other law shall
be entitled to use the full standard utility allowance (SUA) for the
purposes of calculating CalFresh benefits. A CalFresh household shall
be entitled to use the full SUA regardless of whether the nominal
LIHEAP service benefit is actually redeemed.
(f) The department shall implement the initiative by January 1,
2013.
SEC. 212. Section 18993.8 of the
Welfare and Institutions Code is amended to read:
18993.8. The department shall conduct a statewide independent
evaluation of the program, assessing the program's effectiveness in
achieving stated outcomes as established by the department. The
department shall submit its findings from the
evaluation to the Legislature within six months of the
completion of each grant cycle. The evaluation shall be
performed only when for this purpose funds are appropriated in the
annual Budget Act.
SEC. 213. Section 19106 of the Welfare
and Institutions Code is repealed.
19106. The department shall submit an annual report to the
Legislature to include the following performance data for the prior
year:
(a) The number of persons who applied for service.
(b) The number of persons accepted for service.
(c) The number of persons for whom plans for service were
approved.
(d) The number of cases closed after acceptance for service:
(1) Without planned service.
(2) Unemployed after planned service.
(3) Employed for at least 60 days after planned service.
(e) The number of persons served whose cases have been closed and
who are employed by classification of employment objective.
(f) The number of persons served whose cases have been closed and
who are employed by classification of employment objective in the
rehabilitation plan.
(g) The costs of service by percentile intervals and total cost
for persons whose cases have been closed and who are unemployed after
planned services.
(h) The costs of service by percentile interval and total cost for
persons whose cases have been closed and who are employed after
planned services.
(i) The classification of employment objectives in rehabilitation
plans.
(j) The classification of employment objectives of persons placed
in employment.
(k) The number of persons whose vocational objective in their
rehabilitation plan was the same as that in which they became
employed.
( l ) The number employed in a different type
of occupation than the objective in their rehabilitation plan.
(m) The method by which each person found employment, including:
(1) Through placement by the rehabilitation counselor or other
department staff.
(2) By finding his or her own job.
(3) Through placement by the Employment Development Department.
(4) Through placement by a training agency.
(5) Employment by a training agency in on-the-job training.
(6) Other.
(n) The average cost and percentile cost distribution of purchased
case services of all persons whose cases have been closed and who
are employed.
(o) The average cost and percentile cost distribution of all
persons still employed one year after case closure. This information
may be collected on the basis of sample data.
(p) The average cost of service of cases closed where a person is
employed based on department's total vocational rehabilitation
expenditures. This cost shall be derived from total cost divided by
total number of employed persons.
(q) The average cost of service based on department's total
vocational rehabilitation expenditures for all persons still employed
one year after case closure. This information may be collected on
the basis of sample data.
SEC. 214. Section 2 of Chapter 1133 of the
Statutes of 1984 is amended to read:
Sec. 2. The Legislature finds and declares that the
approval by the electors of the County Jail Capital Expenditure Bond
Act of 1984 has made new funds available for county jail capital
expenditures in addition to those available from the County Jail
Capital Expenditure Bond Act of 1981, and has made necessary certain
revisions in the criteria and fund allocations adopted by the Board
of Corrections for the distribution of proceeds of bonds authorized
by the 1981 act. The Legislature further declares that it would be
most efficient and appropriate if funds from both bond acts are
allocated under uniform criteria applicable to both acts. Therefore,
the Legislature hereby appropriates money in the County Jail Capital
Expenditure Fund established by Section 4462 of the Penal Code to the
Board of Corrections for allocation as provided by this act, and
directs the Board of Corrections to allocate all money in the County
Jail Capital Expenditure Fund established by Section 4412 of the
Penal Code and appropriated by the Budget Act of 1984 for the fiscal
year as provided by this act.
SEC. 215. Section 3 of Chapter 1397 of the
Statutes of 1988 is repealed.
SEC. 216. Section 1 of Chapter 1436 of the
Statutes of 1988 is amended to read:
Section 1. Notwithstanding Sections 13340 and 16361 of
the Government Code, and to the extent permitted by federal law, the
sum of twenty-five million two hundred eighty-five thousand dollars
($25,285,000) of the money in
the Federal Trust Fund, created pursuant to Section 16360 of
the Government Code, received by the state either from federal oil
overcharge funds in the petroleum violations escrow account, as
defined by Section 155 of the Further Continuing Appropriations Act
of 1983 (Public Law 97-377) or by any other federal law, or from
federal oil overcharge funds available pursuant to court judgments or
federal agency orders, is hereby appropriated for allocation as
follows:
(a) Twenty million dollars ($20,000,000) to the Department of
Economic Opportunity to be used over a three-year period as follows:
(1) Ten million dollars ($10,000,000) for the Energy Crisis
Intervention Program provided under subdivision (d) of Section
16367.5 of the Government Code, to be allocated for pilot projects
which are designed to provide program services aimed at increasing
the self-sufficiency of low-income persons. The department shall, as
soon as practicable, enter into contracts with nonprofit community
action agencies and community-based organizations eligible to
administer energy crisis intervention program funds, and shall
require contractors receiving funds under this paragraph to conduct
pilot projects, as determined to be appropriate by the department,
involving one or more of the following:
(A) Establishment of a mandatory referral system of energy crisis
intervention program recipients to the department's weatherization
program.
(B) Development of a copayment plan to require energy crisis
intervention program applicants to pay for a portion of the
delinquent energy bill, or assisting clients with arranging for an
affordable payment plan.
(C) Development of a process to assist energy crisis intervention
applicants to enter into agreements with energy utility companies to
pay their utility bills in levelized payments throughout the year.
(D) Development of a program to maximize the number of clients
served during the year by employing methods including limiting
assistance to one time per year per client.
(E) Establishment of an education program to provide information
to energy crisis intervention program clients which would promote
long-term reductions in utility bills.
(F) Establishment of procedures to eliminate any person from
receiving energy crisis intervention program assistance for a
current, as opposed to a delinquent, utility bill. Department
contracts for implementing the pilot projects set forth in
subparagraphs (A) to (F), inclusive, shall include provisions for
providing special consideration or exemptions for senior citizens,
for persons with life-threatening medical conditions, and for other
severely handicapped individuals who would suffer substantial
hardship if compelled to comply with this paragraph. The department
shall submit a report to the Legislature within nine months after the
conclusion of the three-year expenditure period on the results of
the pilot projects required under this paragraph, including
recommendations for those pilot projects which should be permanently
included under subdivision (d) of Section 16367.5 of the Government
Code. Ninety days prior to submitting the report to the Legislature,
the department shall provide a draft report to the contractors, the
Legislative Analyst, and the Auditor General for a 45-day review and
comment period. The final report shall include the comments of the
Legislative Analyst and the Auditor General as well as any response
determined to be appropriate by the department.
(2) Ten million dollars ($10,000,000) for the home energy
assistance program provided under subdivision (e) of Section 16367.5
of the Government Code.
(b) Five million two hundred eighty-five thousand dollars
($5,285,000) to the State Energy Resources Conservation and
Development Commission to be used as follows:
(1) Four million dollars ($4,000,000) to be used for the
Institutional Conservation Program, Schools and Hospitals Grants
Program, to furnish up to 50 percent matching grant funds for
technical assistance studies and the installation of energy
efficiency measures in public and nonprofit private schools and
hospitals.
(2) One million dollars ($1,000,000) to be deposited in the Energy
Technologies Research, Development, and Demonstration Account in the
General Fund to be used to carry out new energy technology
demonstration contract research projects pursuant to Chapter 7.8
(commencing with Section 25680) of Division 15 of the Public
Resources Code.
(3) Two hundred eighty-five thousand dollars ($285,000) to
establish an intervenor award program, administered by the commission'
s Public Advisor, to provide intervenors facing financial hardship
with reasonable awards to pay for the costs of participating in
commission proceedings other than those conducted under Chapter 6
(commencing with Section 25500) of Division 15 of the Public
Resources Code. The commission and the Public Advisor shall implement
the intervenor award program within eight months after receipt of
these funds, and shall report to the Legislature on the program's
status within two years after receipt of the funds.
SEC. 217. Resolution Chapter 173 of the Statutes
of 1989 is repealed.
SEC. 218. Resolution Chapter 12 of the Statutes of
1990 is repealed.
SEC. 219. Section 5 of Chapter 585 of the Statutes
of 1993 is amended to read:
Sec. 5. (a) The Department of Corrections is hereby
authorized to construct and establish a secure substance abuse
treatment facility for minimum and medium security inmates at a
location to be determined by the department.
(b) Only inmates who have a history of substance abuse shall be
housed in the secure substance abuse treatment facility. The
department shall give priority to housing inmates in the facility who
the department determines meet all of the following criteria:
(1) The inmate desires to participate in substance abuse
treatment.
(2) The inmate is incarcerated for crimes in which substance abuse
was a contributing factor.
(3) The inmate has sufficient time remaining on his or her
commitment to complete a full substance abuse treatment program while
incarcerated.
(c) The secure substance abuse treatment facility shall be a
minimum and medium security facility and shall house only inmates
determined to be either Level I or Level II security levels as
determined by the department's inmate classification system. The
facility shall be designed specifically to provide intensive
substance abuse treatment to all inmates housed in the facility.
(d) All inmates housed in the secure substance abuse treatment
facility shall receive comprehensive substance abuse treatment.
Treatment shall be multifaceted and highly structured with clearly
defined rules and explicit expectation with regard to inmate
behavior. Programs shall reinforce positive behavior and encourage
inmates to develop social skills through limited self-government
within treatment groups. Treatments shall include, but not be limited
to, individual and group substance abuse counseling and workshops,
victim awareness, academic and vocational education, physical
fitness, drug testing, and planning for successful and sober reentry
upon parole. The existing institutional treatment components of the
Right-Turn Program at the R.J. Donovan Correctional Facility and the
Female Offender Substance Abuse Program at the California Institute
for Women and their aftercare components shall serve as models for
these treatment programs.
(e) The same range and intensity of treatment services shall be
available to inmates whenever the facility is operated at a level
that is greater than its designed bed capacity.
(f) The department shall monitor the progress of parolees released
from the secure substance abuse treatment facility.
SEC. 220. Section 3 of Chapter 1030 of the
Statutes of 1993 is amended to read:
Sec. 3. (a) The State Department of Health Services
shall convene a workgroup to address the policy issues related to the
development of a pediatric service continuum. The workgroup shall
seek input from clinicians and other interested and knowledgeable
parties, and shall develop emergency regulations and a reimbursement
structure for services to technology dependent children with special
needs no later than April 1, 1994.
(b) The department shall continue the efforts of the workgroup
beyond April 1, 1994, to address the policy issues related to the
development of other services necessary to define and provide a
pediatric service continuum that addresses the needs of other
children with special health care needs. Those services, subject to
the availability of federal financial participation, may include, but
are not limited to, the provision of pediatric day health and
respite care facility services, as defined in Section 1760.2 of the
Health and Safety Code, and congregate living health facility
services, as defined in subdivision (i) of Section 1250 of the Health
and Safety Code.
SEC. 221. Section 1 of Chapter 452 of the Statutes
of 1996 is repealed.
SEC. 222. Section 1 of Chapter 561 of the Statutes
of 1997 is amended to read:
Section 1. (a) It is the intent of the Legislature in
enacting this act to establish a pilot project relative to group
homes, for the purpose of reducing complaints to the State Department
of Social Services, by encouraging residents to work with group home
operators to resolve concerns. The pilot project shall be limited to
San Bernardino County.
(b) It is further the intent of the Legislature that the pilot
project be designed to measure the increase or decrease in complaints
to the Inland Empire Office-Residential of the State Department of
Social Services about group homes located in San Bernardino County,
as a result of the pilot project.
(c) The pilot project shall be deemed successful if, at the
conclusion of the pilot project, monthly complaints to the Inland
Empire Office-Residential of the State Department of Social Services
about group homes located in San Bernardino County have been reduced
by at least 10 percent, compared to the number of complaints that
were received prior to the initiation of the pilot project.
(d) For purposes of this act, "group home" means any facility of
any capacity that provides 24-hour nonmedical care and supervision to
children in a structured environment with the services provided at
least in part by staff employed by the licensee.
(e) This act shall not apply to family homes certified by foster
family agencies, foster family homes, and small family homes. It is
not the intent of the Legislature that this act be applied in a
discriminatory manner.
(f) The pilot project established by this act shall terminate on
January 1, 2001.
SEC. 223. Section 4 of Chapter 1299 of the
Statutes of 1992, as amended by Sections 3 of Chapter 751 of the
Statutes of 1997, is repealed.
SEC. 224. Section 8 of Chapter 329 of the Statutes
of 2000 is amended to read:
Sec. 8. The sum of fifty seven million five hundred
thousand dollars ($57,500,000) is hereby appropriated from the
General Fund to the State Controller for the following purposes:
(a) Five million two hundred thousand dollars ($5,200,000) to fund
temporary staff resources, including, but not limited to, limited
term positions, not to exceed four years, at the Energy Resources
Conservation and Development Commission, the agencies, boards, and
departments within the California Environmental Protection Agency,
and the Resources Agency, with jurisdiction over electrical
powerplant siting and conservation and demand side management
programs, for the exclusive purpose of implementing programs pursuant
to this act.
(b) It is the intent of the Legislature that these funds for staff
resources be expended exclusively to implement programs that achieve
the maximum feasible cost-effective energy conservation and
efficiency while providing the necessary staff resources to expedite
siting of electrical powerplants that meet the criteria established
pursuant to the act adding this section.
(c) Two million three hundred thousand dollars ($2,300,000) to the
Public Utilities Commission, to fund temporary staff resources,
including limited term positions not to exceed four years, and to
implement the programs established pursuant to this act.
(d) Fifty million dollars ($50,000,000) to the Energy Resources
Conservation and Development Commission, to implement cost-effective
energy conservation and demand-side management programs established
pursuant to Section 25555 of the Public Resources Code, as enacted by
this act. The commission shall prioritize conservation and
demand-side management programs funded pursuant to this subdivision
to ensure that those programs that achieve the most immediate and
cost-effective energy savings are undertaken as a first priority.
SEC. 225. Section 2 of Chapter 790 of the Statutes
of 2000 is amended to read:
Sec. 2. Notwithstanding the repeal of Division 10.5
(commencing with Section 12200) of the Public Resources Code on
January 1, 2007, by Section 12291 of the Public Resources Code, the
Department of Forestry and Fire Protection shall provide for
monitoring of conservation easements purchased pursuant to former
Division 10.5 (commencing with Section 12200) of the Public Resources
Code in order to assess the condition of resources being protected,
and to ensure that the terms of the easement are being met pursuant
to a given conservation easement.
SEC. 226. Section 51 of Chapter 171 of the
Statutes of 2001 is repealed.
SEC. 51. The State Department of Health
Services shall provide the fiscal and policy committees of the
Legislature and the local Los Angeles County 1115 Waiver Oversight
Committee, upon their individual request, with copies of all reports
and updates provided to the federal Centers for Medicare and Medicaid
Services as contained in the Los Angeles County waiver document,
including the state's monitoring plan, the annual administrative
budget report, quarterly status reports, independent audits, the
worker retraining plan, and the quality assurance and improvement
plan.
SEC. 227. Section 5 of Chapter 7 of the Statutes
of 2001, First Extraordinary Session, is amended to read:
Sec. 5. In order to achieve a total reduction in peak electricity
demand of not less than 2,585 megawatts, the sum of seven hundred
eight million nine hundred thousand dollars ($708,900,000) is hereby
appropriated from the General Fund to the Controller for allocation
according to the following schedule:
(a) In order to achieve a reduction in peak electricity demand and
meet urgent needs of low-income households, two hundred forty six
million three hundred thousand dollars ($246,300,000) for allocation
by the Public Utilities Commission for the customers of electric and
gas corporations subject to commission jurisdiction, to be expended
in the following amounts:
(1) Fifty million dollars ($50,000,000) to encourage the purchase
of energy efficient equipment, and retirement of inefficient
appliances and improvements in the efficiency of high-efficiency
heating, ventilating, and air-conditioning (HVAC) equipment
insulation or other efficiency measures. Any funds expended pursuant
to this paragraph for the purchase of refrigerators, air-conditioning
equipment, and other similar residential appliances shall be
expended pursuant to the following criteria:
(A) Priority for the expenditure of funds shall be given for the
purchase or retirement of those appliances in low- and
moderate-income households, and for the replacement of the oldest and
least efficient appliances.
(B) Any retirement of residential equipment and appliances
undertaken pursuant to this paragraph shall be undertaken in a manner
that protects public health and the environment. Nothing in this
paragraph affects the requirements of Article 10.1 (commencing with
Section 25211) of Chapter 6.5 of Division 20 of the Health and Safety
Code and Chapter 3.5 (commencing with Section 42160) of Part 3 of
Division 30 of the Public Resources Code.
(2) One hundred million dollars ($100,000,000) to provide
immediate assistance to electric or gas utility customers enrolled
in, or eligible to be enrolled in, the California Alternative Rates
for Energy (CARE) Program established pursuant to Section 739.1 of
the Public Utilities Code. Funds appropriated pursuant to this
paragraph shall be expended to increase and supplement CARE discounts
and to increase enrollment in the CARE program. These funds shall be
available to assist those customers enrolled or eligible for CARE
who are on payment arrangements or have current or pending overdue
notices due to increases in energy rates. Not more than 10 percent of
the funds appropriated in this subdivision shall be allocated for
mass marketing to increase enrollment. The funding provided in this
subdivision is intended to supplement, but not replace,
surcharge-generated revenues utilized to fund the CARE program.
(3) Twenty million dollars ($20,000,000) to augment funding for
low-income weatherization services provided pursuant to Section 2790
of the Public Utilities Code, and to fund other energy efficient
measures to assist low-income energy users.
(4) Sixteen million three hundred thousand dollars ($16,300,000)
for high-efficiency and ultra-low-polluting pump and motor retrofits
for oil or gas, or both, producers and pipelines. For the purposes of
this paragraph, "ultra low polluting" means retrofit equipment which
exceeds the requirements for best available control technology
within the air district in which the pump or motor is located.
(5) Sixty million dollars ($60,000,000) to provide incentives to
encourage replacement of low-efficiency lighting with high-efficiency
lighting systems.
(b) In order to achieve a reduction in peak electricity demand,
two hundred eighty-two million six hundred thousand dollars
($282,600,000) to the State Energy Resources Conservation and
Development Commission (hereafter the Energy Commission), to be
expended in the following amounts for the following purposes:
(1) Sixty million dollars ($60,000,000) for allocation by the
Energy Commission to locally owned public utilities for energy
efficiency, peak demand reduction, and low income assistance measures
in the service areas of the locally owned public utilities analagous
to those measures and programs funded in the service areas of the
electric and gas corporations subject to the jurisdiction of the
Public Utilities Commission pursuant to subdivision (a).
To the extent that any of the funds allocated to the locally owned
public utilities are used to encourage the purchase of energy
efficiency equipment and retirement of inefficient appliances and
improvements in the efficiency of high-efficiency heating,
ventilating, and air-conditioning (HVAC) equipment insulation, and
other efficiency measures, funds expended pursuant to this paragraph
for the purchase of refrigerators, air-conditioning equipment, and
other similar residential appliances shall be expended pursuant to
the following criteria:
(i) Priority for expenditure of funds shall be given for the
purchase of those appliances in low- and moderate-income households,
and for the replacement of the oldest and least efficient appliances.
(ii) Any retirement of residential equipment and appliances
undertaken pursuant to this paragraph shall be undertaken in a manner
that protects public health and the environment. Nothing in this
paragraph affects the requirements of Article 10.1 (commencing with
Section 25211) of Chapter 6.5 of Division 20 of the Health and Safety
Code and Chapter 3.5 (commencing with Section 42160) of Part 3 of
Division 30 of the Public Resources Code.
(2) Thirty-five million dollars ($35,000,000) to implement
programs to improve demand-responsiveness in heating, ventilation,
air-conditioning, lighting, advanced metering of energy usage, and
other systems in buildings. Of the amount appropriated pursuant to
this paragraph, ten million dollars ($10,000,000) shall be used to
encourage the purchase and installation of advanced metering and
telemetry equipment for agricultural and water pumping customers in
order to improve load management and demand responsiveness techniques
particularly applicable to this sector.
(3) Thirty-five million dollars ($35,000,000) to implement a
low-energy usage building materials program, and other measures to
lower air-conditioning usage in schools, colleges, universities,
hospitals, and other nonresidential buildings. These funds shall not
be available for community college facilities if Assembly Bill No. 29
of the First Extraordinary Session is enacted, becomes effective,
and provides funding for energy efficiency measures to the community
college from the Proposition 98 Reversion Account.
(4) Fifty million dollars ($50,000,000) to implement a program to
encourage third parties to implement innovative peak demand reduction
measures.
(A) Of the amount appropriated pursuant to this paragraph, ten
million dollars ($10,000,000) shall be used for the California
Agricultural Pump Energy Program to facilitate the efficiency testing
of existing agricultural water pumps and to provide incentives for
the retrofitting of pumps to increase efficiency as necessary. Up to
one million dollars ($1,000,000) of those funds shall be used for
grants to local public agencies to enhance and expedite the testing
of agricultural water pumps.
(B) Of the amount appropriated pursuant to this paragraph, not
more than one million dollars ($1,000,000) shall be expended by the
commission to fund one-time startup costs for innovative voluntary
programs to reduce air emissions through energy conservation and
related actions pursuant to programs authorized by law in effect on
the effective date of this act.
(5) Seventy-five million dollars ($75,000,000) to implement
programs to reduce peak load electricity usage, encourage bio-gas
digestion power production technologies, enhance conservation and
encourage the use of alternative fuels, including, but not limited to
instate natural gas resources for the agricultural and water pumping
sector. These funds shall be allocated by the Energy Commission, in
the form of rebates or grants, in the following amounts for the
following purposes:
(A) Forty-five million dollars ($45,000,000) to encourage the
purchase of high efficiency electrical agricultural equipment,
installed, on or after January 1, 2001, and incentives for overall
electricity conservation efforts. Eligible equipment shall include,
but not be limited to, lighting, refrigeration, or cold storage
equipment. Any agricultural energy conservation incentive program
shall recognize the increased demand due to currently reduced water
supply conditions.
(B) Fifteen million dollars ($15,000,000) to offset the costs of
retrofitting existing natural gas powered equipment to burn
alternative fuels, including, but not limited to, instate produced
"non-spec" or "off-spec" natural gas.
(C) Fifteen million dollars ($15,000,000) in grants to be used for
pilot projects designed to encourage the development of bio-gas
digestion power production technologies.
(i) Ten million dollars ($10,000,000) of these funds shall be used
to provide grants for the purpose of encouraging the development of
manure methane power production projects on California dairies.
(ii) Five million dollars ($5,000,000) of these funds shall be
used to provide grants to reduce peak usage in southern California by
revision of system operations to produce replacement energy as a
byproduct of the anaerobic digestion of bio-solids and animal wastes.
(6) Ten million dollars ($10,000,000) to provide incentives for
installation of light-emitting diode (LED) traffic signals.
(7) Seven million dollars ($7,000,000) to implement a program to
teach school children about energy efficiency in the home and at
school.
(8) Ten million dollars ($10,000,000) for incentives for the
retrofit of existing distributed generation owned and operated by
municipal water districts to replace diesel and natural gas
generation with cleaner technology that reduces oxides of nitrogen
emissions. Funds expended pursuant to this paragraph shall be
expended exclusively for retrofit equipment that meets or exceeds the
requirements for best available control technology within the air
district in which the distributed generation owned and operated by a
municipal water district is located, or with standards adopted by the
state Air Resources Board pursuant to Section 41514.9 of the Health
and Safety Code upon the
effective date of those standards. Technologies eligible
pursuant to this paragraph include natural gas reciprocating engines,
microturbines, fuel cells, and wind and solar energy renewable
technologies.
(9) Six hundred thousand dollars ($600,000) for four
personnel-years to improve the ability of the Energy Commission to
provide timely and accurate assessments of electricity and natural
gas markets.
(c) Except for funds expended to implement programs established
pursuant to Section 25555 of the Public Resources Code, for which the
Public Utilities Commission or the Energy Commission has adopted and
published guidelines pursuant to that section, funds appropriated
pursuant to subdivisions (a) and (b) shall be expended pursuant to
guidelines adopted by each commission. The guidelines shall be exempt
from the requirements of Chapter 3.5 (commencing with Section 11340)
of Part 1 of the Division 3 of Title 2 of the Government Code and
shall do all of the following:
(1) Establish cost-effectiveness criteria for programs funded.
Within 10 days from the date of the adoption of criteria pursuant to
this paragraph, each commission shall provide a copy of the criteria
to the chairperson of the Legislative Budget Committee, to the
chairpersons of the appropriate policy and fiscal committees of both
houses of the Legislature, and to the Governor.
(2) Limit administrative costs to not more than 21/2 percent of
the amount of the funds expended. For the purposes of this paragraph,
"administrative costs" means commission personnel and overhead costs
associated with the implementation of each measure or program.
However, "administrative costs" does not include costs associated
with marketing or evaluation of a measure of a program, including any
two-year limited positions, as approved by the Department of
Finance, necessary to implement the programs.
(3) Allow reasonable flexibility to shift funds among program
categories in order to achieve the maximum feasible amount of energy
conservation, peak load reduction, and energy efficiency by the
earliest feasible date.
(4) Establish matching fund criteria that, except for funds
appropriated pursuant to paragraphs (2) and (3) of subdivision (a),
ensure that entities eligible to receive funds appropriated pursuant
to subdivisions (a) and (b) pay an appropriate share of the cost of
acquiring or installing measures to achieve the maximum feasible
amount of energy conservation, peak load reduction, and energy
efficiency by the earliest feasible date.
(5) Establish mechanisms and criteria that ensure that funds
expended pursuant to this section through electric and gas
corporations are not seized by the creditors of those corporations in
the event of a bankruptcy. In implementing this paragraph, the
commissions shall adopt mechanisms such as the segregation of funds
by the electric or gas corporation, the holding of those funds in
trust until they are expended, and the reversion of funds to the
General Fund in the event of bankruptcy.
(6) Establish tracking and auditing procedures to ensure that
funds are expended in a manner consistent with this act.
(d) Within six months of the effective date of this section, each
commission shall contract for an independent audit of the
expenditures made pursuant to subdivisions (a) and (b) for the
purpose of determining whether the funds achieved demonstrable energy
peak demand reduction while limiting administrative costs associated
with expenditures made pursuant to those subdivisions. Within one
year of the effective date of this section, each commission shall
submit the audit prepared pursuant to this paragraph to the
Chairperson of the Joint Legislative Budget Committee, to the
chairpersons of the appropriate policy and fiscal committees of both
houses of the Legislature, and to the Governor.
(e) Ten million dollars ($10,000,000) to the Department of
Consumer Affairs to implement a public awareness program to reduce
peak electricity usage. Any public awareness program to reduce peak
electricity usage conducted by the Department of Consumer Affairs
after November 30, 2001, shall be conducted pursuant to a contract in
accordance with Article 4 (commencing with Section 10335) of Chapter
2 of the Public Contract Code. The department shall ensure that the
program includes the use of nontraditional mass media, including, but
not limited to, the use of community based organizations, mass media
in different languages, and media targeted to low-income and
ethnically diverse communities.
(f) Fifty million dollars ($50,000,000) to the Department of
General Services to be expended for the purposes of implementing
Chapter 3.5 (commencing with Section 4240) of Division 5 of Title 1
of the Government Code. The department shall limit its administrative
costs to not more than 21/2 percent of the funds expended. For the
purposes of this paragraph, "administrative costs" means personnel
and overhead costs associated with implementation of each measure or
program. However, "administrative costs" does not include costs
associated with marketing or evaluation of a measure or program.
(g) One hundred twenty million dollars ($120,000,000) to the
Department of Community Services and Development for the purpose of
supplementing the Low-Income Home Energy Assistance Program (LIHEAP).
The department may also use these funds for the purposes of
increasing participation in the LIHEAP program. The department shall
use funds appropriated pursuant to this paragraph in the following
manner:
(1) The department shall implement a California Low Income Home
Energy Assistance Program (LIHEAP). Services provided by California's
LIHEAP shall be designed to do both of the following:
(A) Increase energy conservation and reduce demand for energy
services in low-income households.
(B) Assure that the most vulnerable households cope with high
energy costs.
(2) The program shall include weatherization and conservation
services, energy crisis intervention services, and cash assistance
payments.
(3) (A) Eligibility for California LIHEAP shall include households
with incomes that do not exceed the greater of either of the
following:
(i) An amount equal to 60 percent of the state median income.
(ii) An amount equal to 80 percent of the county median income.
(B) In no area shall eligibility be provided to households whose
income is greater than 250 percent of the federal poverty level for
this state.
(4) The department shall examine the penetration of other energy
programs, including, but not limited to, those provided through
federal LIHEAP, utility companies, and other parties, to identify the
adequacy of services to elderly persons, disabled persons,
limited-English-speaking persons, migrant and seasonal farmworkers
and households with very young children. California LIHEAP funds
shall be distributed so as to ensure that vulnerable populations have
comparable access to energy programs.
(5) The department shall ensure that services under California
LIHEAP are delivered using all of the following requirements:
(A) The department shall establish reasonable limits for
expenditures, including up to 15 percent for outreach and training
for consumers.
(B) Grantee agencies shall do special outreach to vulnerable
households, including outreach to senior centers, independent living
centers, welfare departments, regional centers, and migrant and
seasonable farmworkers.
(C) Grantee agencies shall be required to coordinate with other
low-income energy programs, and to demonstrate plans for using all
energy resources efficiently for maximum outreach to low-income
households.
(D) Grantee agencies shall spend the maximum feasible amount of
California LIHEAP funds for weatherization assistance, but in no
event less than 50 percent of the funds available by grantee. The
balance shall be used for cash assistance and energy crisis
intervention. The department shall provide grantees with maximum
flexibility to use energy crisis and cash assistance funds to resolve
energy crisis for households and to serve the maximum number of
households. Cash assistance payments may be used as a supplement to
federal LIHEAP cash assistance payments.
(6) The department shall do the following ,
in addition to administering the program :
, explore, with grantee agencies, standards for determining
effective, efficient intake, and procedures to combine outreach for
federal, state, and utility low-income energy programs into a single
intake process.
(A) Explore, with grantee agencies, standards for determining
effective, efficient intake, and procedures to combine outreach for
federal, state, and utility low-income energy programs into a single
intake process.
(B) Report to the policy and budget committees of the Legislature
on the extent to which increased flexibility in weatherization
measures and flexibility in cash assistance and crisis intervention
payments have increased service and reduced energy demand. If
barriers to flexibility exist, the report should identify those
barriers.
(C) Report to the policy and budget committees ot the Legislature
on the number of recipients of service, the number of grantees
providing service, categories of expenditure, estimated impact of
funds on energy demand, estimated unmet need, and plans for automated
reporting of this information routinely.
(7) For any funds distributed in 2001, the department shall
distribute funds as follows:
(A) Funds shall be distributed to have maximum possible impact on
reducing energy demand immediately.
(B) First priority shall be to distribute funds through
community-based programs with whom it has existing contracts.
(C) If additional capacity is needed beyond the existing network,
or if vulnerable populations cannot be served within the existing
contracts, the department may develop and RFP process to solicit
additional grantees.
(8) The department shall limit administrative costs to not more
than 21/2 percent of the funds expended. For the purposes of this
paragraph, "administrative costs" means personnel and overhead costs
associated with the implementation of each measure or program.
However, "administrative costs" does not include costs associated
with the marketing or evaluation of a measure or program.
(h) Each state agency receiving funds appropriated pursuant to
this section shall ensure, where appropriate, not less than 85
percent of the funds shall be expended for direct rebates, purchases,
direct installations, buy-downs, loans, or other incentives that
will achieve reductions in peak electricity demand and improvements
in energy efficiency.
(i) On or before January 1, 2002, each state agency receiving
funds appropriated pursuant to this section shall provide quarterly
reports to the Chairperson of the Joint Legislative Budget Committee,
to the chairpersons of the appropriate policy and fiscal committees
of both houses of the Legislature, and to the Governor, which include
all of the following information:
(1) The amount of funding expended.
(2) The measures, programs, or activities that were funded.
(3) A description of the effectiveness of the measures, programs,
or activities funded in reducing peak electricity demand and
improving energy efficiency, as measured in kilowatthours of
electricity reduced per dollar expended.
(j) To the extent that local government entities may apply for,
and receive funds pursuant to this section, and to the extend they
otherwise qualify for the funds, federally recognized California
Indian tribes may apply for funds appropriated pursuant to this
section on behalf of their tribal members, and the applications shall
be considered on their merits. Each commission shall ensure that its
efforts to provide public information on programs funded pursuant to
this section shall include outreach to California Indian tribes.
SEC. 228. Section 24 of Chapter 1127 of the
Statutes of 2002 is amended to read:
Sec. 24. (a) Funds that are appropriated in subdivision (b) of
Section 2 of Assembly Bill 716 shall be available to the Department
of Parks and Recreation for opportunity grants pursuant to that
subdivision, and for state capital outlay projects. On or
before December 15, 2002, and on or before December 15 annually
thereafter, the Department of Parks and Recreation shall report to
the Joint Legislative Budget Committee on all state capital outlay
projects funded from subdivision (b) of Section 2 of Assembly Bill
716. To the extent the funds are used for a state capital
outlay project, the project shall be subject to the State Public
Works Board review and approval, pursuant to Section 13332.11 of the
Government Code.
(b) Subdivision (a) shall become operative only if Assembly Bill
716 is enacted and becomes effective on or before January 1, 2003.
SEC. 229. Section 2 of Chapter 87 of the Statutes
of 2003 is repealed.
SEC. 2. On or before January 1, 2008, the board
shall report to the Legislature regarding the managed audit program
as of June 30, 2007, which report shall contain all of the following:
(a) The amount of taxes, penalties, and interest payments
collected from taxpayers that participated in the managed audit
program.
(b) The amount of interest that was forgiven as a result of the
managed audit program.
(c) The amount of taxes, penalties, and interest payments that was
collected as a result of redirecting the board's auditing resources
away from taxpayers participating in the managed audit program toward
audits of other taxpayers with outstanding sales and use tax
liabilities.
(d) Board recommendations for improving the success of the managed
audit program.
SEC. 230. Section 34 of Chapter 80 of the Statutes
of 2005 is repealed.
SEC. 34. The State Department of Health
Services shall provide the fiscal and policy committees of the
Legislature with quarterly updates, commencing January 1, 2006,
regarding core activities to improve the Medi-Cal Managed Care
Program and to expand to the 13 new counties, as directed by the
Budget Act of 2005. The quarterly updates shall include key
milestones and objectives of progress regarding changes to the
existing program, submittal of state plan amendments to the federal
Centers for Medicare and Medicaid Services, submittal of any federal
waiver documents, and applicable key functions related to the
Medi-Cal Managed Care expansion effort.
SEC. 231. Section 37 of Chapter 80 of the Statutes
of 2005 is amended to read:
Sec. 37. On an annual basis, the State Department of Health
Services and the California Medical Assistance Commission
shall provide fiscal information to the Joint Legislative
Audit Committee and the Joint Legislative Budget Committee on the
funds provided to the contract hospitals participating in the
Medi-Cal program, and the health plans participating in the Medi-Cal
Managed Care Program, for implementation of nurse-to-patient ratios.
SEC. 232. Item 0690-102-0001 of Section 2.00 of
the Budget Act of 2006 is amended to read:
0690-102-0001--For local assistance,
Office of Emergency Services.............. 48,199,000
Schedule:
(1.5) 50.20-Victim
Services............ 9,317,000
(2.5) 50.30-Public Safety. 44,453,000
(18) Reimbursements...... -5,571,000
Provisions:
1. Notwithstanding any other
provision of law, the Office of
Emergency Services may provide
advance payment of up to 25
percent of grant funds awarded
to community-based nonprofit
organizations, cities, school
districts, counties, and other
units of local government that
have demonstrated cashflow
problems according to the
criteria set forth by the
Office of Emergency Services.
2. To maximize the use of program
funds and demonstrate the
commitment of the grantees to
program objectives, the Office
of Emergency Services shall
require all grantees of funds
from the Gang Violence
Suppression-Curfew Enforcement
Strategy Program to provide
local matching funds of at
least 10 percent for the first
and each subsequent year of
operation. This match
requirement applies to each
agency that is to receive grant
funds. An agency may meet
its match requirements with an
in-kind match, if approved by
the Office of Emergency
Services.
3. Of the amount appropriated in
Schedule (2.5), $300,000 shall
be provided to Monterey County
for a planning grant consistent
with the Central Coast Rural
Crime Prevention Program as
established in Chapter 18 of
the Statutes of 2003.
4. The Department of Finance shall
include a special display table
in the Governor's Budget under
the Office of Emergency
Services that displays, by fund
source, component level detail
for Program 50, Criminal
Justice Projects. In addition,
the Office of Emergency
Services, in consultation with
the Department of Finance,
shall provide a report to the
Joint Legislative Budget
Committee by January 10 of each
year that provides a list of
grantees, total funds awarded
to each grantee, and
performance statistics to
document program outputs and
outcomes in order to assess the
state's return on investment
for each component of Program
50 for each of the three years
displayed in the Governor's
Budget.
6. Of the amount appropriated in
this item, the Department of
Finance may authorize the
transfer of up to 5 percent (up
to $995,000) of the
augmentation for the California
Multijurisdictional
Methamphetamine Enforcement
Teams Program to Item 0690-001-
0001 for the purpose of
conducting an independent
evaluation of the program.
7. Of the funding
appropriated in this item,
$29,400,000 is for local
assistance to support the
California Multijurisdictional
Methamphetamine Enforcement
Teams Program. $19,900,000 of
this funding is provided on a
two-year, limited-term basis.
No later than January 10, 2008,
the Office of Emergency
Services, in consultation with
the Department of Finance,
shall submit to the Joint
Legislative Budget Committee a
report that proposes a funding
allocation plan that links
grant funding to the size of
the problem in each of the five
state-designated regions. The
report shall also include a
summary of spending by region,
program activities, and
demonstrated outcomes such as
lab seizures and arrests.
8. Of the amount appropriated in
this item, $400,000 shall be
available for grants to any
private nonprofit organizations
that have previously received
funding from the California
Innocence Protection Program.
Any entity receiving funding
under this program shall
provide detailed expenditure
reports semiannually and
annually on the use of funds
provided under this program.
The Office of Emergency
Services shall prepare and
submit a report to the Joint
Legislative Budget Committee on
or before June 30, 2007, on the
foregoing information for each
entity receiving funding under
this program.
SEC. 233. Item 0690-102-0001 of Section 2.00 of
the Budget Act of 2007 is amended to read:
0690-102-0001--For local assistance, Office
of Emergency Services......................... 61,949,000
Schedule:
(1) 50.20-Victim Services.. 4,352,000
(2) 50.30-Public Safety.... 57,597,000
Provisions:
1. Notwithstanding any other provision
of law, the Office of Emergency
Services may provide advance
payment of up to 25 percent of
grant funds awarded to community-
based nonprofit organizations,
cities, school districts, counties,
and other units of local government
that have demonstrated cashflow
problems according to the criteria
set forth by the Office of
Emergency Services.
2. To maximize the use of program
funds and demonstrate the
commitment of the grantees to
program objectives, the Office of
Emergency Services shall require
all grantees of funds from the Gang
Violence Suppression-Curfew
Enforcement Strategy Program to
provide local matching funds of at
least 10 percent for the first and
each subsequent year of operation.
This match requirement applies to
each agency that is to receive
grant funds. An agency may meet its
match requirements with an in-kind
match, if approved by the Office of
Emergency Services.
3. Of the amount appropriated in
Schedule (2), $800,000 shall be
provided for grants to counties,
consistent with the Central Coast
Rural Crime Prevention Program as
established in Chapter 18 of the
Statutes of 2003. The funds shall
be distributed only to counties for
planning, or for implementation of
the program in those counties that
have completed the planning
process, consistent with Chapter 18
of the Statutes of 2003. In no case
shall a grant exceed $300,000.
4. The Department of Finance shall
include a special display table in
the Governor's Budget under the
Office of Emergency Services that
displays, by fund source, component
level detail for Program 50,
Criminal Justice Projects. In
addition, the Office of Emergency
Services, in consultation with the
Department of Finance, shall
provide a report to the Joint
Legislative Budget Committee by
January 10 of each year that
provides a list of grantees, total
funds awarded to each grantee, and
performance statistics to document
program outputs and outcomes in
order to assess the state's return
on investment for each component of
Program 50 for each of the three
years displayed in the Governor's
Budget.
5. Of the funding appropriated in
Schedule (2) of this item,
$29,400,000 is for local assistance
to support the California
Multijurisdictional Methamphetamine
Enforcement Teams Program.
$19,900,000 of this funding is
provided on a one-year, limited-
term basis. No later than January
10, 2008, the Office of Emergency
Services, in consultation with the
Department of Finance, shall submit
to the Joint Legislative Budget
Committee a report that proposes a
funding allocation plan that links
grant funding to the size of the
problem in each of the five state-
designated regions. The
report shall also include a summary
of spending by region, program
activities, and demonstrated
outcomes such as lab seizures and
arrests.
term basis.
6. Of the amount appropriated in
Schedule (2), $8,000,000 is in
augmentation of the Vertical
Prosecution Block Grants for a
total program of $16,176,000.
SEC. 234. Section 41 of Chapter 177 of the
Statutes of 2007 is amended to read:
Sec. 41. The amendments made by this act contained in clause (ii)
of subparagraph (B) of paragraph (1) of subdivision (a) of Section
1534, paragraph (2) of subdivision (c) of Section 1569.33, paragraph
(2) of subdivision (c) of Section 1597.09, and paragraph (2) of
subdivision (c) of Section 1597.55a of the Health and Safety Code
shall be suspended for the 2007-08 fiscal year. The State Department
of Social Services shall submit trailer bill language to the
Legislature on or before February 1, 2008, provide
information that reflects appropriate indicators to trigger an
annual increase in the number of facilities for which the department
conducts unannounced visits in future budget proposals .
The department shall work with legislative staff, the Legislative
Analyst's Office, and interested stakeholders to develop the
indicators.
SEC. 235. Section 2 of Chapter 642 of the Statutes
of 2007 is repealed.
SEC. 2. The Office of Statewide Health Planning
and Development shall prepare and provide a report to the
Legislature prior to April 1, 2008, that details how the field review
and approval process referenced in Section 129890 of the Health and
Safety Code will be implemented without undue delay.
SEC. 236. Section 72 of Chapter 758 of the
Statutes of 2008 is repealed.
SEC. 72.
In an effort to more comprehensively clarify
issues regarding the state's responsibilities and oversight of small
water systems, including the payment structure, the State Department
of Public Health shall provide the fiscal and policy committees of
the Legislature with a synopsis of key issues regarding the program
and options for addressing the sustainability of the program to meet
safe drinking water quality standards.
SEC. 237. Section 38 of Chapter 759 of the
Statutes of 2008 is amended to read:
Sec. 38. (a) On or before January 10, 2009, the
Department of Child Support Services shall provide to the
Legislature both of the following:
(1) More comprehensive data from the state hearing pilot project
that demonstrates that the pilot project has reduced state hearings.
(2) A breakdown of how the pilot project's revised hearing process
results in the estimated savings to state hearing costs.
(b) On
Sec. 38. On or before February 1, 2009, the
Department of Child Support Services shall provide the appropriate
committees of the Legislature with trailer bill language to codify
the new state hearing process.
SEC. 238. Section 173 of Chapter 717 of the
Statutes of 2010 is repealed.
SEC. 173. The State Department of Health Care
Services shall provide the fiscal and appropriate policy committees
of the Legislature with semiannual updates regarding all of
California's Medicaid waivers to be provided in March and October of
each year. At a minimum, the semiannual updates shall include a
listing of all Medicaid waivers with all of the following information
for each waived:
(a) Description of what federal laws or regulations are being
waived.
(b) Description of the purpose of the wavier.
(c) Description of whom the waiver serves and the number of
enrollees.
(d) Status of the waiver, including its expiration date and
pending renewal dates where applicable.
(e) State plan amendment number listing and date that is
applicable to the waiver.
(f) Department that administers the program.
(g) Any other information deemed useful by the department,
including any separate attachments or reports on a particular waiver.
SEC. 239. Section 37 of Chapter 6 of the Statutes
of 2011 is repealed.
SEC. 37. Of the amounts appropriated in Items
2665-004-6043, 2665-304-0890, 2665-304-6043, 2665-305-0890, and
2665-305-6043 of Section 2.00 of the Budget Act of 2010, a total of
fifty-five million three hundred twenty thousand dollars
($55,320,000) shall be available for expenditure only after the
submittal of a report to the Joint Legislative Budget Committee and a
30-day review period, or not sooner than whatever lesser time the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, may determine. The High-Speed Rail Authority shall have
discretion concerning how the fifty-five million three hundred twenty
thousand dollars ($55,320,000) in restricted expenditures is
allocated among the five items of appropriation listed above. The
authority shall submit the report no later than February 14, 2011.
The report shall include, but not necessarily be limited to, all of
the following:
(a) A report on contract expenditures for community outreach,
including detail by type of expenditure and activity. Detail on
meetings by segment and community, and a summary of correspondence,
e-mail, media, Internet Web site, and other outreach efforts shall be
included in this report.
(b) A copy of the strategic plan that the authority is developing
pursuant to the requirements of the State Administrative Manual.
(c) A report on the performance of the program manager contractor.
The authority shall indicate all the measures it has taken to
address the findings and recommendations of the Bureau of State
Audits in its April 2010 report, how the authority evaluates the
performance of the contractor, and what those evaluations suggest in
terms of resolution to the deficiencies noted by the Bureau of State
Audits.
(d) A report on how the authority has addressed other
recommendations of the Bureau of State Audits not otherwise covered
by this section.
SEC. 240. Section 38 of Chapter 6 of the Statutes
of 2011 is repealed.
SEC. 38. Of the amounts appropriated in Items
2665-004-6043, 2665-304-0890, 2665-304-6043, 2665-305-0890, and
2665-305-6043 of Section 2.00 of the Budget Act of 2011, 25 percent
of the total amount shall be available for expenditure only after the
submittal of a report to the Joint Legislative Budget Committee and
a 60-day review period, or not sooner than whatever lesser time the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, may determine. The High-Speed Rail Authority shall have
discretion concerning how the 25 percent in restricted expenditures
is allocated among the five items of appropriation listed above. The
authority shall submit the report no later than October 14, 2011. The
report shall include, but not necessarily be limited to, all of the
following:
(a) A complete legal analysis of the revenue guarantee or other
mechanisms to reduce the operator's risk that the authority indicates
it would provide to the operator. To mitigate risk, the authority
shall provide an analysis of the revenue contribution to the project
from the private operator with and without a revenue guarantee or
other mechanism to reduce the operator's risk. The authority shall
discuss alternative financing approaches to make up for any lost
revenue in the case of no revenue guarantee or other mechanisms to
reduce the operator's risk.
(b) A financial plan update with alternative funding scenarios. To
mitigate risk, the authority shall report on alternative funding
options if no significant federal funds are received beyond the
federal American Recovery and Reinvestment Act of 2009 (Public Law
111-5) and no revenue guarantee or other mechanisms to reduce the
operator's risk are allowable. The plan shall also include
construction alternatives for a constrained funding environment,
including what investments would be made and construction completed
if the nonbond resources only equal bond funding.
SEC. 241. Any section of any act enacted by the
Legislature during the 2012 calendar year that takes effect on or
before January 1, 2013, and that amends, amends and renumbers, adds,
repeals and adds, or repeals a section that is amended, amended and
renumbered, added, repealed and added, or repealed by this act, shall
prevail over this act, whether that act is enacted prior to, or
subsequent to, the enactment of this act. The repeal, or repeal and
addition, of any article, chapter, part, title, or division of any
code by this act shall not become operative if any section of any
other act that is enacted by the Legislature during the
2012 calendar year and takes effect on or before January 1, 2013,
amends, amends and renumbers, adds, repeals and adds, or repeals any
section contained in that article, chapter, part, title, or division.
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.......................... 2,915,501,000
Schedule:
(1) 45.10-Support for
Operation of the 1,991,184,00
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.
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.. 1,316,997,000
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. 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 Transportation... 1,483,776
) ,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...................................... 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)............... -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................... 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................ 437,594,000
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
(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 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.
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 -4,443,00
3680-101-0890)................. 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............. 141,483,000
Schedule:
(1) For support of
Department of Parks
and Recreation....... 419,647,000
(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 s tate
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 s
tate 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..................................... 13,333,237,000
Schedule:
(1) 20.10.010-
Eligibility (County 2,713,226,00
Administration)..... 0
(2) 20.10.020-Fiscal
Intermediary
Management.......... 285,543,000
(3) 20.10.030-Benefits
(Medical Care and 39,116,998,0
Services)........... 00
(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,
0890)............... 000
(11) Amount payable from
the Children and
Families Health and
Human Services
Trust Fund
(Item 4260-101- -1,000,000,0
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
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,
4440-103-0001, 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.
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.
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......... 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...... -
1,638,538,00
0
(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, $55,646,000
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.
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.
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 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.
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. 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. 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............................ 2,097,082,000
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..... -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),
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.
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........................... 2,072,713,000
Schedule:
(1) Support.............. 2,722,713,000
(2) Budget Reduction..... -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 (Proposition 98)..... 2,560,233,000
Schedule:
(1) 10.10.010- 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 $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.