AB 2889, as introduced, Committee on Health. State government.
Existing law authorizes specified state departments and authorities, upon determination that an advance payment is essential for the effective implementation of a program, to advance to a community-based private nonprofit agency with which it has contracted for the delivery of services, funds not exceeding 25% of the annual allocation to be made to the agency during the fiscal year. Existing law requires these departments and authorities to develop a plan to establish control procedures for advance payments. Existing law requires a plan to be approved by the Department of Finance and to include a procedure for determining whether an advance payment is essential for the effective implementation of a program.
This bill would include the State Department of Public Health in the list of specified state departments and authorities.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11019 of the Government Code is
2amended to read:
(a) Any department or authority specified in subdivision
2(b) may, upon determining that an advance payment is essential
3for the effective implementation of a program within the provisions
4of this section, and to the extent funds are available, advance to a
5community-based private nonprofit agency with which it has
6contracted, pursuant to federal law and related state law, for the
7 delivery of services, not to exceed 25 percent of the annual
8allocation to be made pursuant to the contract and those laws during
9the fiscal year to the private nonprofit agency. Advances in excess
10of 25 percent may be made on contracts financed by a federal
11program when the advances are not prohibited by federal
12guidelines. Advance payments may be provided for services to be
13performed under any contract with a total annual contract amount
14of four
hundred thousand dollars ($400,000) or less. This amount
15shall be increased by 5 percent, as determined by the Department
16of Finance, for each year commencing with 1989. Advance
17payments may also be made with respect to any contract that the
18Department of Finance determines has been entered into with any
19community-based private nonprofit agency with modest reserves
20and potential cashflow problems. No advance payment shall be
21granted if the total annual contract exceeds four hundred thousand
22dollars ($400,000), without the prior approval of the Department
23of Finance.
24The specific departments and authority mentioned in subdivision
25(b) shall develop a plan to establish control procedures for advance
26payments. Each plan shall include a procedure whereby the
27department or authority determines whether or not an advance
28payment is essential for the effective implementation of a particular
29program being funded. Each plan shall be approved by the
30Department of Finance.
31(b) Subdivision (a) shall apply to the Emergency Medical
32Services Authority, the California Department of Aging, the State
33Department of Developmental Services, the State Department of
34Alcohol and Drug Programs, the Department of Corrections and
35Rehabilitation, including the Division of Juvenile Justice, the
36Department of Community Services and Development, the
37Employment Development Department, the State Department of
38Health Care Services,begin insert the State Department of Public Health,end insert the
39State Department of State Hospitals, the Department of
40Rehabilitation, the State Department of Social Services, the
P3 1Department of Child Support Services, the State Department of
2Education, the area boards on developmental disabilities, the State
3Council on Developmental Disabilities, the Office of Statewide
4Health Planning and Development, and the California
5
Environmental Protection Agency, including all boards and
6departments contained therein.
7Subdivision (a) shall also apply to the California Health and
8Human Services Agency, which may make advance payments,
9pursuant to the requirements of that subdivision, to multipurpose
10senior services projects as established in Chapter 8 (commencing
11with Section 9560) of Division 8.5 of the Welfare and Institutions
12Code.
13Subdivision (a) shall also apply to the Natural Resources Agency,
14including all boards and departments contained in that agency,
15which may make advance payments pursuant to the requirements
16of that subdivision with respect to grants and contracts awarded
17to certified local community conservation corps.
18(c) A county may, upon determining that an advance payment
19is essential for the effective implementation of a program within
20the provisions of this section,
and to the extent funds are available,
21and not more frequently than once each fiscal year, advance to a
22community-based private nonprofit agency with which it has
23contracted, pursuant to any applicable federal or state law, for the
24delivery of services, not to exceed 25 percent of the annual
25allocation to be made pursuant to the contract and those laws,
26during the fiscal year to the private nonprofit agency.
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