BILL ANALYSIS Ó AB 76 Page 1 ( Without Reference to File ) CONCURRENCE IN SENATE AMENDMENTS AB 76 (Budget Committee) As Amended June 12, 2013 Majority vote. Budget Bill Appropriation Takes Effect Immediately ----------------------------------------------------------------- |ASSEMBLY: | |(May 13, 2013) |SENATE: | | | ----------------------------------------------------------------- (vote not relevant) (vote not available) Original Committee Reference: BUDGET SUMMARY : Contains necessary statutory and technical changes to implement the Budget Act of 2013 related to general government. The Senate amendments delete the Assembly version of this bill, and instead: 1)Authorize the Bureau of Private Postsecondary Education (Bureau) to regulate currently exempted private postsecondary educational institutions that apply to be subject to the Bureau's oversight. This ensures these institutions' ability to participate in Federal student aid programs, and includes a sunset date of January 1, 2015. 2)Reduce the amount of bonded indebtedness authorized under the Public Education Facilities Bond Act of 1996, by $12.9 million and repeals the authority of the Director of General Services and the Public Works Board to issue up to $391 million in financing securities for facilities in the Capital Area Plan. 3)Make compliant certain provisions related to the delivery of electronic data optional for local agencies of the California Public Records Act (CPRA), encourage local agencies to follow these provisions as best practices, and require any local agency to announce if it does not follow these best practices at its next regularly scheduled meeting and annually thereafter. This does not affect any other part of the CPRA. 4)Create the Women and Girls Fund for all fundraising efforts by AB 76 Page 2 the Commission on the Status of Women and Girls including gifts or donations. 5)Transfer the Public Safety Communications Office from the Department of Technology to the Office of Emergency Services. 6)Specify that funds in the Disaster Response-Emergency Operations Account shall not be expended for conditions in the state's prisons, medical facilities, or youth correctional facilities resulting solely from the action or inaction of the Department of Corrections and Rehabilitation in administering those facilities. 7)Transfer responsibility for information technology procurement from the Department of General Services to the Department of Technology. 8)Create a grant program in the California Victim Compensation and Government Claims Board (CVCGCB) to provide $2 million per year from the Restitution Fund, subject to appropriation by the Legislature, to Trauma Recovery Centers. Trauma Recovery Centers provide services directly to victims rather than requiring them to independently navigate the process of claiming benefits from the CVCGCB. 9)Update references to the California Emergency Management Agency to recognize the name change to the Office of Emergency Services (OES). Allow the use of antiterrorism funds from license plate revenues (instead of the General Fund) in support of California Specialized Training Institute. 10)Authorize the Department of General Services to structure, administer, and maintain the Golden State Financial Marketplace Program (GS $Mart Program). Require the department to report annually to the Joint Legislative Budget Committee, the State Treasurer's Office, and the Department of Finance on the progress of the GS $Mart Program. 11)Authorize the State Personnel Board to bill departments on a pro-rata basis for the costs of its Compliance Review Audit Program and require the Board to report on an annual basis regarding the audit and special investigations. 12)Require the Department of Human Resources to submit two reports to the Legislature reviewing the additional AB 76 Page 3 appointments by state agencies for supervisors, and rank and file employees. Require the State Personnel Board to submit a report on the policies and practices included in the Personnel Management Policy and Procedures Manual. 13)Remove the reimbursable state mandate that was created by AB 1234 Local Government Ethics Training Requirements ((Salinas), Chapter 700, Statutes of 2005) by making these compensation and reimbursement activities permissible for specified local agencies. 14)Repeal five mandates by making them permissive; these five mandates have been suspended in the Budget each year since 1992. 15) Remove California Earthquake Authority's limit on civil service positions. 16)Eliminate the sunset dates and increase the annual revenue caps of the Occupational Safety and Health Fund and the Labor Enforcement and Compliance Fund, allowing the Department of Industrial Relations to enforce laws that protect employees and the public. 17)Eliminate the Targeted Inspection and Consultation Fund and provides a loan from the fund to the Compliance Monitoring Unit, to be repaid to the Occupational Safety and Health Fund. 18)Clarify reforms to the Workers' Compensation program as required by SB 863 (De León), Chapter 363, Statutes of 2012, including that new programs apply to workers injured on or after January 1, 2013. 19)Eliminate the High Hazard Assessment and shift the assessment into the Occupational Health and Safety Fund, streamlining assessment collection for both employers and the Department of Industrial Relations. 20)Prohibit the Honda Center, which is located in an enterprise zone in Southern California, from obtaining additional hiring credits if they lay off workers and later rehire workers for lower wages and benefits. 21)Stabilize funding for the Compliance Monitoring Unit, which enforces prevailing wage requirements on public construction AB 76 Page 4 projects, by allowing costs of monitoring to be covered by non-bond funds that are used for projects. 22)Direct the Department of Industrial Relations to use its statutory authority to approve a fee by March 31, 2014, to support an increase in funding and at least 15 new positions for the Process Safety Unit, which inspects oil refineries and chemical plants. 23)Allow state agency contracts for services under $150,000 to be exempt from approval by the Department of General Services if the agency complies with certain requirements. 24)Add the Secretary of Business, Consumer Services, and Housing to the Strategic Growth Council. 25)Contain an appropriation allowing this bill to take effect immediately upon enactment. COMMENTS : This bill enacts various provisions to support the 2013 Budget Act, and among other things, creates the Women and Girls Fund, requires reporting on additional appointments by the Department of Human Resources, and directs the Department of Industrial Relations to increase oil refinery and chemical plant inspections. Analysis Prepared by : Genevieve Morelos / BUDGET / (916) 319-2099 FN: 0001179