BILL ANALYSIS Ó SB 80 Page 1 SENATE THIRD READING SB 80 (Budget and Fiscal Review Committee) As Amended March 14, 2011 2/3 vote. Urgency SENATE VOTE :Vote not relevant SUMMARY : Contains necessary statutory and technical changes to implement changes to the Budget Act of 2011. Specifically, this bill : 1)Deletes the statutory provision that requires the California Board of Accountancy (Board) to set renewal fee levels so that the reserve balance in the Board's contingent fund is equal to approximately nine months of annual authorized expenditures. Outstanding loans to the General Fund (GF) can be repaid as necessary for Board operations, so a lesser reserve can be maintained without a need to increase fees. 2)Reverts $20 million GF from the Small Business Expansion Fund, upon receipt of new federal funds in excess of $84.4 million, anticipated under the federal Small Business Jobs Act of 2010 (15 U.S.C. Sec. 631 et seq.). The $20 million GF to be reverted was provided to the program by AB 1632 (Committee on Budget), which was a budget trailer bill to the 2010 Budget Act. That legislation was enacted prior to notification from the federal government that an $84.4 million grant is available for the same purpose. The program provides loan guarantees to assist small businesses obtain loans from private lenders. 3)Adds a provision that specifies a loan to the GF that reduces the balance of the Oil Spill Response Trust Fund below a statutory threshold, does not obligate the administrator to resume collection of the oil spill response fee. Outstanding loans to the GF can be repaid as necessary to repay the Oil Spill Response Trust Fund, so a lesser reserve can be maintained without a need to resume fees. 4)Deletes the statutory appropriation of $10 million from the GF for Williamson Act open space subventions to counties in 2010-11. Repeals the alternative Williamson Act program, which was added by AB 2530 (Nielsen) Chapter 391 of Statutes of 2010, and modified by SB 863 (Budget and Fiscal Review SB 80 Page 2 Committee) Chapter 722, Statutes of 2010. The changes added by AB 2530 (Nielsen) and SB 863(Budget and Fiscal Review Committee) would have allowed counties to enter into shorter contracts, nine years instead of 10, or 19 years instead of 20, as applicable. With the shorter contracts, the property tax loss to the county is reduced. 5)Provides that the California Employees' Retirement System (CalPERs) shall negotiate with carriers of health benefit plans to add a core health plan option to the existing portfolio or implement other measures to achieve ongoing cost savings beginning in 2012-13, or both. The core health plan option would provide for essential coverage at lower rates than existing plans. 6)Adds more-recent budgetary loans to the language in statute that defines conditions and reporting for budgetary loans made in 2001-02, 2002-03, and 2003-04. The loans primarily involve special fund transfers to the GF. Among the conditions are a requirement that the loans be repaid if the originating fund is in need of repayment, and the requirement that the loans be repaid if no longer needed for the receiving fund. Broadens the existing reporting language to include all outstanding budgetary loans, and not just those from 2001-02, 2002-03, and 2003-04, and clarifies that the August 1 and February1 reports on outstanding loans be based on updated information. 7)Directs $101 million annually in 2011-12 through 2015-16 to the GF from a specified portion of tribal-gaming revenues. Similar shifts have been approved in the annual budgets since 2008-09. Existing law directs these tribal-gaming revenues to transportation special funds as an alternative repayment method for loans from transportation special funds to the GF in 2001-02 and 2002-03. The existing statute associated with this revenue includes provisions that the stream of revenue could be securitized for early repayment of the transportation-fund loans; however, litigation and other factors delayed such securitization and it is no longer being pursued. 8)Extends the timeframe for county reporting requirements, on a one-time basis, in order to allow for the distribution of Indian Gaming Mitigation grants previously approved by the Legislature. SB 80 Page 3 9)Requires the California Victims Compensation and Government Claims Board to provide notice to the chairpersons of the committees in each house of the Legislature that consider appropriations and the annual Budget Act, and the chairperson of the Joint Legislative Budget Committee, within a specified period of time prior to allowing either the use of a current year appropriation to pay claims for prior year costs of $500,000 or more, or claims from a single provider of goods or services with respect to a single department that exceed $500,000 within one year. 10)Adjusts any item of appropriation for departmental support in the Budget Act of 2010-11 fiscal year to reflect reductions in the rental rates charged to a state entity by the Department of General Services (DGS) for the cost of office space in buildings owned or operated by the DGS. 11)Adopts the three-year look-back statutory changes related to determination of state eligibility for FedEd extended unemployment benefits. 12)Reestablishes the Consolidated Work Program Fund in statute and establishing this fund in the State Treasury, to contain moneys deposited pursuant to the federal Workforce Investment Act, and shall be available upon appropriation of the Legislature. 13)Adds an urgency clause allowing this bill to take effect immediately upon enactment. Analysis Prepared by : Daisy Gonzales / BUDGET / (916) 319-2099 FN: 0000060