BILL NUMBER: AB 110
VETOED DATE: 07/02/2013
Edmund G. Brown Jr. June 27, 2013
Governor
State of California
Governor's Office
I object to the following appropriations contained in Assembly Bill
110.
Item 0250-101-0932-For local assistance, Judicial Branch. I revise
this item by deleting Provision 15.
I am deleting Provision 15, eliminating the appropriation which would
require the Judicial Council to spend local assistance funds to
adopt rules of court for all groups that review issues for the
Judicial Council. This spending provision would create cost
pressures on trial courts. I urge the Judicial Council to continue
efforts to provide greater public access to Judicial Branch committee
activities.
Item 1110-001-0777-For support of Veterinary Medical Board. I reduce
this item from $3,530,000 to $3,171,000 by reducing:
(1) 90-Veterinary Medical Board from $3,556,000 to $3,197,000.
I am reducing this item by $359,000 and 5 positions from the Board's
enforcement program because this augmentation is premature. In the
coming year, my Administration will review the Department of Consumer
Affairs' enforcement workload for the healing arts boards, including
the Veterinary Medical Board, to determine appropriate resource
levels.
Item 2660-001-0042-For support of Department of Transportation. I
revise this item by reducing:
(9) 40-Transportation Planning from $134,280,000 to $133,800,000,
and
(16) Amount payable from the Public Transportation Account, State
Transportation Fund (Item 2660-001-0046) from -$176,596,000 to
-$176,116,000.
Consistent with my May Revision proposal, I am deleting $480,000 and
5 positions for the Complete Streets program. The program began in
2008 and the Department of Transportation (Caltrans) delivered the
Complete Streets Implementation Action Plan in 2010. A zero-base
budget review of the Planning program found that these positions are
no longer necessary because the work has been completed. Caltrans
has incorporated Complete Streets design concepts into the Highway
Design Manual and the Project Development Procedures Manual used in
collaboration with local transportation agencies. One position
remains to continue providing Complete Streets program updates and
support.
Item 2660-001-0046-For support of Department of Transportation. I
reduce this item from $176,596,000 to $176,116,000.
I am reducing this item by $480,000 to conform to the action I have
taken in Item 2660 001 0042.
Item 3720-001-0001-For support of California Coastal Commission. I
sustain this item.
I am sustaining the $3,000,000 augmentation for the California
Coastal Commission on a one time basis. This augmentation is
intended to address the current backlog of Local Coastal Plans
awaiting review. I prefer to focus any additional resources on
assisting local jurisdictions to complete and revise their plans in a
timely manner. I am directing the Department of Finance to examine
what level of resources, if any, the Coastal Commission requires for
this purpose in 2014-15.
Item 3860-001-6029-For support of Department of Water Resources. I
delete this item.
I am deleting $653,000 for the American River Water Information
System. Although there may be a benefit to refining water flow
measurements for the American River, previous Proposition 40 bond
expenditures and high-priority activities funded in the Budget fully
expend the allocation from which this augmentation would be drawn.
Item 3860-101-8018-For local assistance, Department of Water
Resources. I delete this item.
I am deleting the $3,000,000 augmentation for extension of the Salton
Sea Financial Assistance Program. While I am supportive of
restoration efforts for the Sea, the Salton Sea Restoration Fund is
limited. It is essential to reserve funds to implement
recommendations based on the funding and feasibility study to be
completed by the Secretary of Natural Resources Agency and the Salton
Sea Authority.
Item 3930-001-0106-For support of Department of Pesticide Regulation.
I reduce this item from $55,793,000 to $55,543,000 by reducing:
(1) 10-Pesticide Programs from $58,867,000 to $58,617,000.
I am reducing the augmentation to increase enforcement of state
pesticide regulations by $250,000 and 2 positions. This reduction is
necessary to help bring ongoing expenditures in line with ongoing
revenues in the Department of Pesticide Regulation Fund. However, I
am sustaining $383,000 and 3 positions to develop mitigation measures
for toxic air contaminants. I will be working with the Legislature
over the next few months to enact legislation that requires the
development of control measures on pesticides.
Item 3940-001-0193-For support of State Water Resources Control
Board. I reduce this item from $106,270,000 to $105,951,000 for the
Irrigated Lands Regulatory Fee Program.
I am reducing the augmentation to increase enforcement under the
Irrigated Lands Program by $319,000 and 2 positions. This reduction
is necessary to prevent an excessive fee increase on farmers.
However, I am sustaining $650,000 and 5 positions to develop greater
expertise in agricultural production at the Central Coast Regional
Water Quality Control Board and the Central Valley Regional Water
Quality Control Board. The two largest agricultural regions of the
state will benefit from the regional boards having greater internal
expertise in agroecology, and agricultural soil and plant science.
Item 3940-001-0439-For support of State Water Resources Control
Board. I revise this item by reducing:
(1) 10-Water Quality from $484,962,000 to $484,643,000, and
(9) Amount payable from the Waste Discharge Permit Fund (Item
3940-001-0193) from $106,270,000 to -$105,951,000.
I am revising this item to conform to the action I have taken in Item
3940-001-0193.
Item 5225-001-0001-For support of Department of Corrections and
Rehabilitation. I revise this item by deleting Provisions 5 and 6.
I am deleting Provision 5, eliminating the appropriation which would
require the Department of Corrections and Rehabilitation (CDCR) to
spend funds reporting to the Legislature on cost containment efforts
and cost drivers for legal services provided by the Department of
Justice. This language is unnecessary, as the Legislature adopted
Supplemental Report Language for the Attorney General to report on
the hours and costs associated with handling CDCR's legal cases.
I am deleting Provision 6, eliminating the appropriation which would
require the expenditure of funds for parole agents to refer parolees
to state-funded adult literacy programs at local libraries and
require the California State Library to provide a list of those
programs.
Item 5227-001-0001-For support of Board of State and Community
Corrections. I revise this item by deleting Provision 2.
I am deleting Provision 2, eliminating the appropriation which would
require the Board of State and Community Corrections to spend funds
by dedicating 1 position to juvenile justice research.
This language is unnecessarily restrictive and interferes with the
Board's ability to manage its programs and resources. This
requirement would restrict the Board's ability to identify and
prioritize overall research needs and advancements of best practices.
Item 6110-001-0001-For support of Department of Education. I revise
this item by reducing:
(2) 20-Instructional Support from $148,334,000 to $148,109,000,
(9) Amount payable from the Federal Trust Fund (Item 6110-001-0890)
from -$165,830,000 to
-$165,605,000,
and by deleting Provision 21.
I am deleting Provision 21, eliminating the appropriation which would
require the State Department of Education to expend funds developing
a child care preschool plan based on a proposal at the federal level
for a universal preschool program. The state does not have
sufficient funds to support universal preschool, and the federal
government has not adopted funding for implementation of a universal
preschool program involving states.
I am revising this item to conform to the action I have taken in Item
6110-001-0890.
Item 6110-001-0890-For support of Department of Education. I reduce
this item from $165,830,000 to $165,605,000 and delete Provision 30.
I am reducing this item by $225,000 in federal Title III funding to
eliminate one-time funding for the translation of parent
notifications and templates. These funds are unnecessary as high
priority translations have already been completed, and the remaining
workload is not critical and can be absorbed by the Department.
I am deleting Provision 30 to conform to this action.
Item 6110-106-0001-For local assistance, Department of Education
(Proposition 98). I sustain this item.
I am sustaining funding for the California Collaborative for
Educational Excellence. Although the Budget creates this entity to
provide critical assistance to local education agencies, I believe
additional work is necessary to properly define its governance
composition and ongoing role within the accountability structure of
the Local Control Funding Formula. As such, it is my expectation
that subsequent legislation will be enacted this year to define the
governance of and roles and responsibilities for the Collaborative
for Educational Excellence, as well as, direct the expenditure of the
monies appropriated in this item. Furthermore, it is my expectation
that any expenditure of these monies will reflect this forthcoming
legislation and an agreed upon plan by the Department of Education,
the State Board of Education, and the Department of Finance.
Item 6110-122-0001-For local assistance, Department of Education
(Proposition 98). I sustain this item.
I am sustaining funding for Special Secondary Programs for the
2013-14 fiscal year. This program was eliminated in my Local Control
Funding Formula proposal consistent with my belief that local
education agencies are in the best position to allocate their funding
to meet local needs and priorities. Given the Legislature's support
of this program, I will direct my Administration to examine whether
this funding should continue as a separate categorical program into
the future.
Item 6110-161-0001-For local assistance, Department of Education
(Proposition 98). I reduce this item from $3,201,317,000 to
$3,171,317,000 by reducing:
(1) 10.60.050.003-Special Education Instruction from
$3,128,351,000 to $3,098,351,000,
and by deleting Provision 25.
I am reducing $30,000,000 from the special education program and
deleting Provision 25 to conform to this action. The proposed
equalization of special education funding, when phased in, would have
ongoing costs in excess of $300 million. This would reduce
available resources to pay off deferrals and to implement the
flexible Local Control Funding Formula.
Item 6110-167-0001-For local assistance, Department of Education
(Proposition 98). I sustain this item.
I am sustaining funding for the Agricultural Career Technical
Education Incentive Program for the 2013-14 fiscal year. This
program was eliminated in my Local Control Funding Formula proposal
consistent with my belief that local education agencies are in the
best position to allocate their funding to meet local needs and
priorities. Given the Legislature's support of this program, I will
direct my Administration to examine whether this funding should
continue as a separate categorical program into the future.
Item 6110-196-0001-For local assistance, Department of Education
(Proposition 98). I revise this item from $511,965,000 to
$506,965,000 by reducing:
(1) 30.10.010-Special Program, Child Development, Preschool
Education from $511,965,000 to $506,965,000.
I am reducing this item by $5,000,000. With this reduction, funding
will be $25 million higher in the budget year, providing for
increased pre-school slots consistent with the $25 million
augmentation I sustained for increased child care slots. While I am
sustaining this augmentation for the preschool program, I am doing so
on a one-time basis. Providing this increase on an ongoing basis
would reduce future resources available for K-14 programs.
Item 6440-001-0001-For support of University of California. I revise
this item by deleting Provisions 6, 8, 10, 11, 12, 13, 14, 15, and
16.
I am deleting Provisions 6, 8, 10, 11, 12, 13, 14, and 15 because the
requirements included in these provisions that the University of
California expend funds for various purposes create cost pressures
and unnecessary restrictions. Eliminating these earmarks will give
the University greater flexibility to manage its resources to meet
its obligations, operate its instructional programs more effectively,
and avoid tuition and fee increases.
I am deleting Provision 16 as the appropriation establishes the
expectation that the University will enroll 211,499 state-supported
full-time equivalent students during the 2013-14 academic year. This
provision would continue to make enrollment the primary driver of
state budgeting for higher education. Instead, the investments made
in the University should be used to ensure the timely graduation of
students and make improvements on other performance measures
established in this Budget.
Item 6440-301-0658-For capital outlay, University of California. I
delete this item.
I am deleting the $375,000 from the 1996 Higher Education Capital
Outlay Bond Fund for the equipment phase of the Merced, Science and
Engineering Building 2 project. The funding for this item is
appropriated in a separate bill.
Item 6610-001-0001-For support of California State University. I
revise this item by deleting Provisions 5, 8, 9, 10, 11, and 12.
I am deleting Provisions 5, 8, 9, 10, and 12 because the requirements
included in these appropriations that the California State
University (CSU) expend funds for various programs create cost
pressures and unnecessary restrictions. Eliminating these earmarks
will give CSU greater flexibility to manage its resources to meet its
obligations, operate its instructional programs more effectively,
and avoid tuition and fee increases.
I am deleting Provision 11 as the appropriation establishes the
expectation that CSU will enroll 342,000 state-supported full-time
equivalent students during the 2013-14 academic year. This provision
would continue to make enrollment the primary driver of state
budgeting for higher education. Instead, the investments made in CSU
should be used to ensure the timely graduation of students and make
improvements on other performance measures established in this
Budget.
Item 6980-101-0890-For local assistance, Student Aid Commission. I
revise this item by deleting Provision 4.
Provision 4 provides that if federal College Access Challenge Grant
funds are not available by September 30, 2013, the Special Fund for
Economic Uncertainties shall provide $7,332,000 to support existing
outreach programs for state financial aid programs. This Provision
constitutes an item of appropriation which I cannot support. I
believe the Special Fund for Economic Uncertainties should be used
only to meet critical needs, emergencies, and legal obligations.
Because we have put substantial new resources into higher education
this year, I anticipate that California will continue to receive
federal grant funds for this program.
Item 7730-001-0001-For support of Franchise Tax Board. I reduce this
item from $718,684,000 to $718,414,000 by reducing:
(1) 10-Tax Programs from $717,740,000 to $717,470,000.
To correct a technical error in the Budget Bill, I am reducing this
item by $270,000. This technical veto is consistent with the
legislative action taken to reduce the Franchise Tax Board's budget
to reflect savings from its withdrawal from the Multi-State Tax
Commission, which ends its obligation to pay annual dues. These
funds were inadvertently left in the final version of the Budget
Bill.
Item 8660-011-0462-For transfer by the Controller to the Public
Utilities Commission Ratepayer Advocate Account. I reduce this item
from ($24,375,000) to ($24,354,000).
I am reducing this item by $21,000 to conform to a legislative
reduction in Item 8660-001-3089. This technical veto is necessary to
reflect this reduction in the transfer item and does not affect the
amount of funds available for the Division of Ratepayer Advocates.
With the above deletions, revisions, and reductions, I hereby approve
Assembly Bill 110.
EDMUND G. BROWN JR.