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.