BILL ANALYSIS Ó SB 1006 Page 1 SENATE THIRD READING SB 1006 (Budget and Fiscal Review Committee) As Amended June 25, 2012 Majority vote. Budget Bill Appropriation Takes Effect Immediately SENATE VOTE :Vote not relevant SUMMARY : Contains necessary statutory and technical changes to implement the Budget Act of 2012 relating to general government. Specifically, this bill : 1)Creates a deposit fund for direct payments from the National Mortgage Settlement. Allows the Director of Finance, in accordance with legislative intent, to offset General Fund (GF) expenditures during the 2011-12, 2012-13, and 2012-14 fiscal years. 2)Deletes the requirement for the State Controller to review independent audits necessary to collect specified fees related to rental car companies and customer facilities. The independent audits will still be a requirement prior to an airport entity collecting the specified fee. 3)Eliminates the sunset date on a requirement that places a 3% cap on amounts appropriated for fees, costs, and other similar expenses incurred in connection with any credit enhancement or liquidity agreement on bonds payable from the state's GF. 4)Authorizes the Department of General Services to sell specified parcels of property that are leased by the department to the Capital Area Development Authority. The proceeds of the sale would be deposited into the GF or the Deficit Recovery Fund. 5)Enhances oversight responsibilities regarding Proposition 1B funds dispersed by the California Emergency Management Agency and allows for CalEMA to use the ability of a project to expend funds within a specified timeframe as a factor when awarding funds. 6)Modifies the definition of administrative costs due and payable from each state agency to the Central Service Cost Recovery Fund to include the Financial Information System for SB 1006 Page 2 California. 7)Enables the California Technology Agency to develop and apply uniform criteria on high risk projects in order to reduce project risk and the potential for cost increases. 8)Corrects a technical oversight that eliminated the oversight and audit responsibilities of the Department of Finance. 9)Improves annual legislative reporting requirements for the Financial Information System for California, including benefits from the project that were achieved during the reporting period, and updates on the progress of meeting specific project objectives. 10)Allows the State Public Works Board to reimburse any debt service related to obligations issued or entered into by the Regents of the University of California as interim financing for a public building of the University of California that is authorized to be financed. 11)Specifies that local government mandates suspended in the 2012-13 Budget Act shall also be suspended in 2013-14 and 2014-15, and there shall be no appropriation for payment of reimbursement claims submitted for fiscal years 2012-13, 2013-14 and 2014-15. 12)Specifies that state employees shall participate in the Personal Leave Program 2012 (PLP 2012), either as required by a memorandum of understanding or by direction of the California Department of Human Resources (CalHR) for excluded employees. Under the provisions of this bill, an employee participating in the PLP 2012 shall receive a reduction in pay not greater than 5% and, in exchange, receive eight hours of PLP 2012 leave credits on the first day of each monthly pay period. For those state employees not subject to the PLP 2012, requires CalHR to adopt a plan to furlough those employees one workday per calendar month for the period July 1, 2012, to June 30, 2013. Requires that reductions for employee compensation for the period from July 1, 2012, to June 30, 2013, apply to employees of the State Compensation Insurance Fund. These statutory changes further implement Control Section 3.90 of the Budget Act of 2012, which achieves employee compensation-related savings of $402 million GF. SB 1006 Page 3 13)Repeals the Filipino Employee Survey Mandate, a state mandate that had been suspended since 1990. 14)Expands the ability of a city, county or a city and a county to attract qualified research and development facilities by paying an investment incentive until July 1, 2013. Capital investment incentives are amounts up to the amount of ad valorem property taxes paid by the qualified research and development facility, less 25%. 15)Increases penalty for specified criminal offenses to fund the operations of the Department of Justice forensic laboratories. 16)Provides "clean-up" language to remove from statute the Franchise Tax Board's authority to collect delinquent accounts for the Department of Industrial Relations (DIR). This statutory authority is no longer needed; as of January 31, 2012, the Employment Development Department's Automated Collection Enhancement System is collecting all delinquent accounts for the DIR. 17)Revises the formula utilized by the Department of Veterans Affairs to provide payments to County Veterans Service Offices (CVSOs) to incentivize the offices' work helping veterans receive federal benefits. Also directs the department to review CVSOs and produce a best-practices manual to help improve CVSO performance. 18)Allows the California Technology Agency to utilize a negotiated process on Information Technology related procurement contracts if certain criteria are met. 19)Removes the sunset date from the shift to the GF of excise taxes on gasoline purchased for certain uses, thus allowing the shift of these excise tax revenues to flow to the GF indefinitely. 20) Directs the Agriculture Labor Relations Board to shift $200,000 from the board's baseline appropriation to the board's General Counsel. This is cost neutral to the General Fund. 21)Contains an appropriation allowing this bill take effect SB 1006 Page 4 immediately upon enactment. FISCAL EFFECT : Creates a special deposit fund that will allow the state to use $410.6 million from the National Mortgage Settlement to offset GF costs, allows for the sale of state property that can be deposited into the GF, and helps provide for a balanced budget in future years by removing the sunset date regarding excise taxes on gasoline purchased for specific uses and extending a suspension of local mandates. COMMENTS : This bill enacts various provisions to support the 2012 Budget Act, and among other things, improves oversight of state technology procurement, enacts changes to help bring more federal benefits to veterans, and makes changes to allow for a structurally-balanced budget for the next four years. Analysis Prepared by : Mark Martin / BUDGET / (916) 319-2099 FN: 0004202