BILL NUMBER: AB 133 AMENDED
BILL TEXT
AMENDED IN SENATE FEBRUARY 22, 2016
INTRODUCED BY Committee on Budget (Weber (Chair), Bloom, Bonta,
Campos, Chiu, Cooper, Gordon, Jones-Sawyer, McCarty, Mullin,
Nazarian, O'Donnell, Rodriguez, Thurmond, Ting, and Williams)
JANUARY 9, 2015
An act relating to the Budget Act of 2015.
An act to amend the Budget Act of 2015 (Chapters 10 and 11 of the
Statutes of 2015), by amending Item 6440-001-0001 of, and adding
Items 2660-013-0001, 3970-001-0001, and 9651-001-0001 to, Section
2.00 of, and amending Section 39.00 of, that act, relating to the
state budget, and making an appropriation therefor, to take effect
immediately, budget bill.
LEGISLATIVE COUNSEL'S DIGEST
AB 133, as amended, Committee on Budget. Budget Act of 2015.
The Budget Act of 2015 appropriated specified amounts for the
support of state government for the 2015-16 fiscal year.
This bill would amend the Budget Act of 2015 by adding and
amending items of appropriation.
This bill would declare that it is to take effect immediately as a
Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2015.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Item 2660-013-0001 is added to Section
2.00 of the Budget Act of 2015 , to read:
2660-013-0001--For transfer by the
Controller from the General Fund, to
the Traffic Congestion Relief Fund,
upon order of the Director of Finance .. (173,000,000)
Provisions:
1. Notwithstanding existing law,
these funds shall be
transferred and allocated by
the Director of Finance no
later than January 1, 2017,
and will affect the General
Fund reserve in the fiscal
year the transfer is made.
Funds shall be allocated as
follows:
(a) $148,000,000 for
specified local
Traffic Congestion
Relief Program
projects.
(b) $11,000,000 for trade
corridor improvements.
(c) $9,000,000 for the
Transit and Intercity
Rail Capital Program.
(d) $5,000,000 for the
State Highway
Operations and
Protection Program.
2. Notwithstanding any other
law, this amount shall be
repaid from the General Fund
pursuant to subdivision (c)
of Section 20 of Article XVI
of the California
Constitution and applied to
debt payments as required for
the 2016-17 fiscal year.
SEC. 2. Item 3970-001-0001 is added to Section 2.00 of
the Budget Act of 2015 , to read:
3970-001-0001--For support of Department
of Resources Recycling and Recovery ...... 105,000,000
Schedule:
(1) 3700-Waste
Reduction and
Management.......... 105,000,000
Provisions:
1. The funds appropriated in
Schedule (1) shall be made
available for fire recovery and
debris removal and management
costs to mitigate the threat to
lives, public health, safety,
and the environment.
2. Notwithstanding any other law,
upon request of the Director of
the Department of Resources
Recycling and Recovery, the
Director of Finance may augment
the amount available for
expenditure in this item to pay
for fire debris removal and
management costs to mitigate the
threat to lives, public health,
safety, and the environment. The
augmentation may be made no
sooner than 10 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.
The amount of funds augmented
pursuant to the authority of
this provision shall be
consistent with the amount
approved by the Director of
Finance based on review of the
estimated costs.
SEC. 3. Item 6440-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
6440-001-0001--For support of University
of California............................. 3,056,138,000
3,057,993,000
Schedule:
(1) 5440-Support......... 3,056,138,00
3,057,993,00
0
Provisions:
1. This appropriation is exempt from
Sections 6.00 and 31.00.
2. (a) The Legislature finds and
declares all of the
following:
(1) The Regents of the
University of
California
endorsed, on May
21, 2015, the
framework for long-
term funding agreed
upon by the
Governor and the
President of the
University,
pursuant to which
tuition will not
increase in the
2015-16 and 2016-17
academic years and
the university
will implement
reforms to reduce
the cost structure
of the university
and improve access,
quality, and
outcomes.
(2) The reforms
included in the
framework endorsed
by the Regents will
create capacity for
all campuses of the
university to serve
more resident
students, including
by easing transfer
from the community
colleges, reducing
the amount of time
it takes students
to complete
programs, and using
technology and data
to improve
allocation of
available resources.
(3) In addition to the
funds included in
this appropriation
and those described
in the framework,
other funds,
including existing
resources that can
be redirected to
higher priorities,
such as those
currently being
used to provide
financial aid to
nonresident
students, are also
available to enable
more resident
students to enter
the university at
all of its campuses.
(4) Furthermore, it is
the intent of the
Legislature that
those funds
generated by an
increase in the
number of
nonresident
students enrolled
in the 2015-16
academic year,
compared to the
number of
nonresident
students enrolled
in the 2014-15
academic year, and
increases in
nonresident
supplemental
tuition, as
approved by the
Regents on May 21,
2015, be used
specifically to
support an increase
in the number of
resident students
enrolled.
(b) To address immediate
needs, the university is
expected to enroll, no
later than the 2016-17
academic year, at least
5,000 more resident
undergraduate students
than the number enrolled
in the 2014-15 academic
year.
(c) If the Regents provide
sufficient evidence to the
Director of Finance on or
before May 1, 2016, to
demonstrate that the
university will satisfy
the expectation enumerated
in subdivision (b), the
Director of Finance shall
increase this
appropriation by
$25,000,000 and notify the
Joint Legislative Budget
Committee.
2.1. No later than April 1, 2016, the
Regents of the University of
California shall report to the
Director of Finance and, in
conformity with Section 9795 of
the Government Code, to the
Legislature on its use of these
funds for targeted support
services to increase systemwide
and campus four-year and six-year
graduation rates and two-year and
three-year transfer graduation
rates of low-income and
underrepresented student
populations.
2.2. The Regents of the University of
California shall improve
transparency regarding the
university's budget. The Regents
shall ensure that information is
posted on the website of the
Office of the President that
details subcategories of
personnel within the Managers and
Senior Professional personnel
category and disaggregates all
personnel categories by fund
source.
2.3. No later than December 10, 2015,
the Regents of the University of
California shall report to the
Director of Finance and, in
conformity with Section 9795 of
the Government Code, to the
Legislature, all of the following:
(a) All university fund
sources legally allowable
to support costs for
undergraduate, graduate
academic, and graduate
professional education.
(b) The factors the university
considers to
determine which funds to
use for educational
activities and how much of
those funds to use.
(c) The sources of the funds
included in the
calculation of
expenditures reported
pursuant to Section 92670
of the Education Code.
2.4. (a) The Regents of the
University of California
shall implement further
measures to reduce the
university's cost
structure.
(b) The Legislature finds and
declares that many state
employees hold positions
with comparable
scope of responsibilities,
complexity, breadth of job
functions, experience
requirements, and other
relevant factors to those
employees designated to be
in the Senior Management
Group pursuant to existing
Regents policy.
(c) (1) Therefore, at a
minimum, the
Regents shall, when
considering
compensation for
any employee
designated to be in
the Senior
Management Group,
use a market
reference zone that
includes state
employees.
(2) At a minimum, the
Regents shall
identify all
comparable
positions from the
lists included in
subdivision (l) of
Section 8 of
Article III of the
California
Constitution and
Article 1
(commencing with
Section 11550) of
Chapter 6 of Part 1
of Division 3 of
Title 2 of the
Government Code.
3. (a) The Regents of the
University of California
shall approve a plan that
includes at least all of
the following:
(1) Projections of
available resources
in the 2016-17,
2017-18, and 2018-
19 fiscal years. In
projecting General
Fund appropriations
and student tuition
and fee revenues,
the university
shall use any
assumptions
provided by the
Department of
Finance. The
Department of
Finance shall
provide any
assumptions no
later than August
1, 2015.
(2) Projections of
expenditures in the
2016-17, 2017-18,
and 2018-19 fiscal
years and
descriptions of any
changes to current
operations
necessary to ensure
that expenditures
in each of those
years are not
greater than the
available resources
projected for each
of those years
pursuant to
paragraph (1).
(3) Projections of
resident and
nonresident
enrollment in the
2016-17, 2017-18,
and 2018-19
academic years,
assuming
implementation of
any changes
described in
paragraph (2).
(4) The university's
goals for each of
the measures listed
in subdivision (b)
of Section 92675 of
the Education Code
for the 2016-17,
2017-18, and 2018-
19 academic years,
assuming
implementation of
any changes
described in
paragraph (2). It
is the intent of
the Legislature
that these goals be
challenging and
quantifiable,
address achievement
gaps for
underrepresented
populations, and
align the
educational
attainment of
California's adult
population to the
workforce and
economic needs of
the state, pursuant
to the legislative
intent expressed in
Section 66010.93 of
the Education Code.
(b) The plan approved pursuant
to subdivision (a)
shall be submitted no
later than November 30,
2015, to the Director of
Finance, the chairpersons
of the committees in each
house of the Legislature
that consider the State
Budget, the chairpersons
of the budget
subcommittees in each
house of the Legislature
that consider
appropriations for the
University of California,
the chairpersons of the
committees in each house
of the Legislature that
consider appropriations,
and the chairpersons of
the policy committees in
each house of the
Legislature with
jurisdiction over bills
relating to the university.
4. (a) The University of
California shall allocate
from this appropriation
the amount necessary to
pay in full the fees
anticipated to become due
and payable during the
fiscal year associated
with lease-revenue bonds
issued by the State Public
Works Board on its behalf
and the amount of general
obligation bond debt
service attributable to
the university.
(b) The Controller shall
transfer funds from this
appropriation upon receipt
of the following reports:
(1) The State Public
Works Board shall
report to the
Controller the fees
anticipated to
become due and
payable in the
fiscal year
associated with any
lease-revenue bonds
that were issued on
behalf of the
university.
(2) The Department of
Finance shall
report to the
Controller the
amount of general
obligation bond
debt service
anticipated to
become due and
payable in the
fiscal year
attributable to the
university.
(3) The State Public
Works Board or the
Department of
Finance shall
submit a revised
report if either
entity determines
that an amount
previously reported
to the Controller
is inaccurate. If
necessary pursuant
to any revised
reports, the
Controller shall
return funds to
this appropriation.
4.5. Of the funds appropriated in this
item:
(a) $6,000,000 shall be
allocated to the centers
for labor research and
education at the Berkeley
and Los Angeles campuses.
(b) $1,000,000 shall be
allocated to the Wildlife
Health Center at the Davis
campus and used for grants
to local marine mammal
stranding networks. These
funds are provided on a
one-time basis.
(c) $770,000 shall be
allocated for the
Statewide Database.
(d) $1,855,000 shall be
allocated for the San
Joaquin Valley Medical
Program. The program shall
enroll 48 students. These
funds shall be available
for expenditure through
June 30, 2017.
4.6. The University of California
shall continue planning for a
School of Medicine at the Merced
campus in accordance with the
action approved by the Regents of
the University of California on
May 14, 2008, and shall allocate
up to $1,000,000 from this
appropriation or other
funds available to the university
for this purpose.
4.7. This item includes funds for the
California DREAM Loan Program.
5. Payments made by the state to the
University of California for each
month from July through April
shall not exceed one-twelfth of
the amount appropriated in this
item, less the amount that is
specified in Provision 2 and the
amount that is allocated pursuant
to subdivision (a) of Provision
4. Transfers of funds pursuant to
subdivision (b) of Provision 4
shall not be considered payments
made by the state to the
university.
6. The funds appropriated in this
item shall not be available to
support auxiliary enterprises or
intercollegiate athletic programs.
SEC. 4. Item 9651-001-0001 is added to Section
2.00 of the Budget Act of 2015 , to read:
9651-001-0001--For support of Prefunding
of Health and Dental Benefits for
Annuitants ............................... 240,000,000
Schedule:
(1) 7755-Prefunding
Health and Dental
Benefits............ 240,000,000
Provisions:
1. The amount appropriated in this
item is to supplement, and not
supplant, funding that would
otherwise be made available to
pay for the employer share of
prefunding health and dental
benefits identified in memoranda
of understanding, or for
employees excluded from
collective bargaining, in
accordance with salary and
benefit schedules established by
the Department of Human
Resources..
2. No later than November 1, 2016,
the Director of Finance shall
certify the memoranda of
understanding that include
employer and employee
contributions for prefunding
health and dental benefits, and
have been approved by the
Legislature and the bargaining
unit membership. Upon
certification, the Director of
Finance shall determine the
proportionate share of this
appropriation based on the
actuarially determined
liabilities of other
postemployment benefits for each
bargaining unit included in the
certification, and notify the
Controller's office, which shall
provide the amount specified by
the Director of Finance to the
designated state subaccount of
the Annuitants' Health Care
Coverage Fund, as defined in
Section 22940 of the Government
Code.
3. This appropriation is available
for expenditure or encumbrance
until June 30, 2017.
SEC. 5. Section 39.00 of the Budget Act of
2015 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 94, AB 95, 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, AB 123, AB 124, AB 125, AB 127, AB 128, AB 129, AB 130,
AB 131, AB 132, AB 133, AB 134, AB 135, AB 136, AB
137, AB 138, SB 70, SB 71, 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 88, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96, SB
98, SB 99, SB 100, SB 102, SB 103, SB 104, SB 105, SB 106, SB 107,
SB 108, and SB 109, in the form that these bills existed at the time
that the act amending this section of the Budget Act of 2015 took
effect.
SEC. 6. This act is a Budget Bill within the
meaning of subdivision (c) of Section 12 of Article IV of the
California Constitution and shall take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2015.