Amended in Assembly March 24, 2015

Amended in Assembly March 23, 2015

Senate BillNo. 75


Introduced by Committee on Budget and Fiscal Review

January 9, 2015


An act to amend the Budget Act of 2014 (Chapters 25 and 663 of the Statutes of 2014) by amending Items 0540-001-0140, 0540-001-6052, 0690-001-0001, 3540-001-0001, 3600-001-0001, 3600-001-0200, 3600-101-0001, 3640-493, 3790-001-0392, 3790-001-0516, 3790-001-6052, 3860-001-0001, 3860-101-6052, 5180-101-0001, 8570-001-0001, 8570-001-3228, and 9800-001-0001 of, adding Items 0540-492, 3640-494, 3760-311-6052, 3760-490, 3790-492, 3860-001-3228, 3860-101-0001, 3860-101-3228, 3860-301-3228, 3860-301-6052, 3860-490, 3940-001-6083, 3940-002-0001, 3940-002-0679, 3940-101-0679, 3940-101-6083, and 3940-102-0679 to, and repealing Item 3760-493 of, Section 2.00 of, and by 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

SB 75, as amended, Committee on Budget and Fiscal Review. Budget Act of 2015.

The Budget Act of 2014 made appropriations for the support of state government for the 2014-15 fiscal year.

This bill would amend the Budget Act of 2014 by amending, adding, and repealing items of appropriation.

This bill would declare that it is to take effect immediately as a Budget Bill.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Item 0540-001-0140 of Section 2.00 of the Budget
2Act of 2014
is amended to read:

 

0540-001-0140--For support of Secretary of the Natural Resources Agency, payable from the California Environmental License Plate Fund   

9,403,000
 

Schedule:

 
 (1)

10-Administration of Natural Resources Agency   

26,442,000 
 (2)

Reimbursements   

−598,000 
 (3)

Amount payable from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Bond Fund (Item 0540-001-0005)   

−135,000 
 (4)

Amount payable from the Environmental Enhancement and Mitigation Program Fund (Item 0540-001-0183)   

−297,000 
 (5)

Amount payable from the Federal Trust Fund (Item 0540-001-0890)   

−9,205,000 
 (6)

Amount payable from the Timber Regulation and Forest Restoration Fund (Item 0540-001-3212)   

−480,000 
 (6.5)

Amount payable from the Cost of Implementation Account, Air Pollution Control Fund (0540-001-3237)   

−529,000 
 (7)

Amount payable from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (Item 0540-001-6029)   

−728,000 
 (8)

Amount payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (Item 0540-001-6031)   

−1,207,000 
 (9)

Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 0540-001-6051)   

−3,064,000 
 (10)

Amount payable from the Disaster Preparedness and Flood Prevention Bond Fund of 2006 (Item 0540-001-6052)   

−196,000 
 (11)

Amount payable from the California Ocean Protection Trust Fund (Item 0540-001-6076)   

−600,000 
 Provisions:
 1.Of the funds appropriated in this item, $5,000,000 is available for a fourth climate change assessment and shall be available for encumbrance until June 30, 2016. Of this amount, $2,500,000 is available for expenditure in the 2014-15 fiscal year. 

 

18

SEC. 2.  

Item 0540-001-6052 of Section 2.00 of the Budget
19Act of 2014
is amended to read:

 

0540-001-6052--For support of Secretary of the Natural Resources Agency, for payment to Item 0540-001-0140, payable from the Disaster Preparedness and Flood Prevention Bond Fund of 2006   

196,000
 Provisions:
 1.The amount appropriated in this item shall be available for encumbrance until June 30, 2020, and available for liquidation until June 30, 2023. 

 

30

SEC. 3.  

Item 0540-492 is added to Section 2.00 of the Budget
31Act of 2014
, to read:

 

0540-492--Reappropriation, Secretary of the Natural Resources Agency. Notwithstanding any other law, the balance as of June 30, 2015, of any prior year appropriations, except any reversion item, from the Disaster Preparedness and Flood Prevention Bond Fund of 2006 (Fund 6052) shall be available for encumbrance until June 30, 2020, and available for liquidation until June 30, 2023.

 
 Provisions:
 1.The Secretary of the Natural Resources Agency may transfer amounts reappropriated in this item to Item 0540-001-6052. 
 2.The Department of Finance shall provide to the Controller an itemized list of appropriations subject to this item immediately upon enactment of the act adding this item. 

 

10

SEC. 4.  

Item 0690-001-0001 of Section 2.00 of the Budget
11Act of 2014
is amended to read:

 

0690-001-0001--For support of the Office of Emergency Services   

44,118,000
 

Schedule:

 
 (1)

20-Emergency Management Services   

50,379,000 
 (2)

40-Special Programs and Grant Management   

75,697,000 
 (3)

65.01-Administration and Executive Program   

15,505,000 
 (4)

65.02-Distributed Administration and Executive   

−15,505,000 
 (4.5)

70-Public Safety Communications   

74,309,000 
 (5)

Reimbursements   

−4,323,000 
 (6)

Amount payable from the State Emergency Telephone Number Account (Item 0690-001-0022)   

−2,394,000 
 (7)

Amount payable from the Unified Program Account (Item 0690-001-0028)   

−812,000 
 (8)

Amount payable from the Nuclear Planning Assessment Special Account (Item 0690-001-0029)   

−1,224,000 
 (9)

Amount payable from the Restitution Fund (Item 0690-001-0214)   

−8,000 
 (10)

Amount payable from the Federal Trust Fund (Item 0690-001-0890)   

−70,754,000 
 (11)

Amount payable from the Local Public Prosecutors and Public Defenders Training Fund (Item 0690-002-0241)   

−83,000 
 (12)

Amount payable from the Victim-Witness Assistance Fund (Item 0690-002-0425)   

−1,366,000 
 (13)

Amount payable from the Equality in Prevention and Services for Domestic Abuse Fund (Item 0690-001-3112)   

−5,000 
 (14)

Amount payable from the Transit System Safety, Security, and Disaster Response Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 0690-001-6061)   

−2,660,000 
 (15)

Amount payable from the Antiterrorism Fund (Item 0690-010-3034)   

−723,000 
 (16)

Amount payable from the Technology Services Revolving Fund (Item 0690-001-9730)   

−71,915,000 
 

Provisions:

 
 1.

Funds appropriated in this item may be reduced by the Director of Finance, after giving notice to the Chairperson of the Joint Legislative Budget Committee, by the amount of federal funds made available for the purposes of this item in excess of the federal funds scheduled in Item 0690-001-0890.

 
 2.

Upon approval by the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Item 0690-101-0890.

 
 3.Of the funds appropriated in this item, $4,372,000 shall be available for encumbrance until June 30, 2016, for the state operations center for providing assistance to local jurisdictions and local assistance centers that provide local communities with technical guidance and disaster recovery support. 

 

35

SEC. 5.  

Item 3540-001-0001 of Section 2.00 of the Budget
36Act of 2014
is amended to read:

 

3540-001-0001--For support of Department of Forestry and Fire Protection   

609,751,000
 

Schedule:

 
 (1)

10-Office of the State Fire Marshal   

25,412,000 
 (2)

11-Fire Protection   

1,294,541,000 
 (3)

12-Resource Management   

73,627,000 
 (4)

13-State Board of Forestry and Fire Protection   

1,685,000 
 (5)

14-Department of Justice Legal Services   

6,164,000 
 (6)

20.01-Administration   

77,112,000 
 (7)

20.02-Distributed Administration   

−74,578,000 
 (8)

Reimbursements   

−405,593,000 
 (9)

Less funding provided by capital outlay   

−18,403,000 
 (10)

Amount payable from the General Fund (Item 3540-006-0001)   

−209,000,000 
 (11)

Amount payable from the State Emergency Telephone Number Account (Item 3540-001-0022)   

−4,322,000 
 (12)

Amount payable from the Unified Program Account (Item 3540-001-0028)   

−674,000 
 (13)

Amount payable from the State Fire Marshal Licensing and Certification Fund (Item 3540-001-0102)   

−2,888,000 
 (14)

Amount payable from the California Environmental License Plate Fund (Item 3540-001-0140)   

−548,000 
 (15)

Amount payable from the California Fire and Arson Training Fund (Item 3540-001-0198)   

−3,246,000 
 (16)

Amount payable from the Hazardous Liquid Pipeline Safety Fund (Item 3540-001-0209)   

−3,431,000 
 (17)

Amount payable from the Professional Forester Registration Fund (Item 3540-001-0300)   

−226,000 
 (18)

Amount payable from the Toxic Substances Control Account (Item 3540-001-0557)   

−1,500,000 
 (19)

Amount payable from the Federal Trust Fund (Item 3540-001-0890)   

−19,723,000 
 (20)

Amount payable from the Forest Resources Improvement Fund (Item 3540-001-0928)   

−9,118,000 
 (21)

Amount payable from the State Responsibility Area Fire Prevention Fund (Item 3540-001-3063)   

−81,220,000 
 (22)

Amount payable from the State Fire Marshal Fireworks Enforcement and Disposal Fund (Item 3540-001-3120)   

−617,000 
 (23)

Amount payable from the Building Standards Administration Special Revolving Fund (Item 3540-001-3144)   

−404,000 
 (24)

Amount payable from the Timber Regulation and Forest Restoration Fund (Item 3540-001-3212)   

−14,893,000 
 (25)

Amount payable from the Greenhouse Gas Reduction Fund (Item 3540-001-3228)   

−17,847,000 
 (26)

Amount payable from the Cost of Implementation Account, Air Pollution Control Fund (Item 3540-001-3237)   

−559,000 
 

Provisions:

 
 1.

Notwithstanding any other provision of law, the Director of Finance may authorize the temporary or permanent redirection of funds from this item for purposes of emergency fire suppression and detection costs and related emergency refutation costs.

 
 2.

Notwithstanding any other provision of law, the Director of Finance may authorize a loan from the General Fund, in an amount not to exceed 45 percent of reimbursements appropriated in this item, to the Department of Forestry and Fire Protection, provided that:

 
  (a)

The loan is to meet cash needs resulting from the delay in receipt of reimbursements for services provided.

 
  (b)

The loan is for a short term and shall be repaid by September 30 of the fiscal year following that in which the loan was authorized.

 
  (c)

Interest charges may be waived pursuant to subdivision (e) of Section 16314 of the Government Code.

 
  (d)

Within 10 days after approval, the Director of Finance shall notify the Joint Legislative Budget Committee of the loan approved pursuant to this provision.

 
 3.

The Director of Finance may adjust amounts in Schedule (2) to provide equivalent fire protection base funding changes to contract counties in accordance with Section 4130 of the Public Resources Code.

 
 4.

Notwithstanding any other provision of law, the Director of Finance may authorize a loan from the General Fund to the Department of Forestry and Fire Protection to meet cash needs resulting from the delay in receipt of revenues into the State Responsibility Area Fire Prevention Fund, provided that:

 
  (a)

The loan is for a short term and shall be repaid by December 31 of the fiscal year following that in which the loan was authorized.

 
  (b)

Interest charges may be waived pursuant to subdivision (e) of Section 16314 of the Government Code.

 
  (c)

The Director of Finance may not approve the loan unless the approval is made in writing and filed with the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations not later than 30 days prior to the effective date of the approval, or not later than whatever lesser time prior to that date the chairperson of the joint committee, or his or her designee, may determine.

 
 5.

The Department of General Services, with the consent of the Department of Forestry and Fire Protection, may enter into a lease, lease-purchase agreement, or lease with a purchase option, with Riverside County for build-to-suit facilities to replace the Hemet-Ryan Air Attack Base, subject to Department of Finance approval. The agreement may contain one or more purchase options during the term of the agreement. Thirty days prior to approving any agreement pursuant to this provision, the Department of Finance shall notify the chairpersons of the committees in each house of the Legislature that consider appropriations and the Joint Legislative Budget Committee of the terms and conditions of the agreement.

 
 6.

Notwithstanding any other provision of law, the funds appropriated in this item for purposes of Division 10.5 (commencing with Section 12200) of the Public Resources Code shall be available for purposes of support or capital outlay.

 
 7.

Notwithstanding any other provision of law, the Director of Finance may adjust this item for the direct and indirect cost reimbursements received pursuant to Sections 4142 and 4144 of the Public Resources Code. Any increase shall occur no sooner than 30 days after notification in writing of the necessity of the increase to the Joint Legislative Budget Committee, or not sooner than whatever lesser time after notification the Chairperson of the Joint Legislative Budget Committee, or his or her designee, may in each instance determine.

 
 8.

Notwithstanding any other provision of law, the Department of Forestry and Fire Protection may provide contractual services pursuant to Sections 4142 and 4144 of the Public Resources Code without an executed agreement from July to September of each fiscal year to better align contract start times with the budget process and to finalize staff benefit rates that are dependent upon actions by the Public Employees’ Retirement System and passage of the annual Budget Act.

 
 9.

Notwithstanding any other provision of law, the Director of Finance may authorize a loan from the General Fund to the State Fire Marshal Fireworks Enforcement and Disposal Fund to meet cash needs resulting from the delay in receipt of revenues into State Fire Marshal Fireworks Enforcement and Disposal Fund, provided that:

 
  (a)

The loan is for a short term and shall be repaid by June 30 of the fiscal year following that in which the loan was authorized.

 
  (b)

Interest charges may be waived pursuant to subdivision (e) of Section 16314 of the Government Code.

 
  (c)

The Director of Finance may not approve the loan unless the approval is made in writing and filed with the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations not later than 30 days prior to the effective date of the approval, or not later than whatever lesser time prior to that date the chairperson of the joint committee, or his or her designee, may determine.

 
 10.

The Department of Forestry and Fire Protection may contract with the Department of General Services for environmental consultation or planning.

 
 11.

The Department of Finance may authorize the transfer of an amount from this item to Item 3540-101-3228 in order to implement fire risk reductions, forest health activities, and urban forestry projects. Within 10 days after approval, the Director of Finance shall notify the Joint Legislative Budget Committee of the transfer approved pursuant to this provision and shall include a detail of the change in program delivery and the conditions necessitating the change.

 
 12.Of the amount appropriated in this item, $3,000,000 is available for water shortages at fire stations and shall be available for encumbrance until June 30, 2016.  

 

33

SEC. 6.  

Item 3600-001-0001 of Section 2.00 of the Budget
34Act of 2014
is amended to read:

 

3600-001-0001--For support of Department of Fish and Wildlife, for payment to Item 3600-001-0200, payable from the General Fund   

103,644,000
 Provisions:
 1.The Department of Fish and Wildlife shall identify and utilize any available existing appropriations, including those supported by fees paid by state and federal water project users, bond funds, and federal funds, to mitigate drought impacts on fish species consistent with the drought activities funded by this item. The department shall report to the Legislature any General Fund cost savings due to these efforts on or before January 10, 2015. 
 2.Of the funds appropriated in this item, $15,560,000 is available for maximizing water delivery and efficiency to key endangered species habitats; monitoring of endangered species, native fish, and the delta species; water delivery system projects; and enhancing in-stream flows. These funds shall be available for encumbrance until June 30, 2016. 

 

19

SEC. 7.  

Item 3600-001-0200 of Section 2.00 of the Budget
20Act of 2014
is amended to read:

 

3600-001-0200--For support of Department of Fish and Wildlife   

118,692,300
 

Schedule:

 
 (1)

20-Biodiversity Conservation Program   

139,161,000 
 (2)

25-Hunting, Fishing, and Public Use   

78,227,000 
 (3)

30-Management of Department Lands and Facilities   

62,212,000 
 (4)

40-Enforcement   

76,330,000 
 (5)

45-Communication, Education, and Outreach   

3,679,000 
 (6)

50-Spill Prevention and Response   

42,786,000 
 (7)

61-Fish and Game Commission   

1,597,300 
 (8)

70.01-Administration   

45,618,000 
 (9)

70.02-Distributed Administration   

−45,623,000 
 (10)

Reimbursements   

−27,004,000 
 (11)

Amount payable from the Harbors and Watercraft Revolving Fund (Item 3600-001-0516)   

−2,783,000 
 (12)

Amount payable from the General Fund (Item 3600-001-0001)   

−103,644,000 
 (13)

Amount payable from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Bond Fund (Item 3600-001-0005)   

−500,000 
 (14)

Amount payable from the California Environmental License Plate Fund (Item 3600-001-0140)   

−15,411,000 
 (15)

Amount payable from the Waste Discharge Permit Fund (Item 3600-001-0193)   

−500,000 
 (16)

Amount payable from the Fish and Wildlife Pollution Account (Item 3600-001-0207)   

−884,000 
 (17)

Amount payable from the California Waterfowl Habitat Preservation Account, Fish and Game Preservation Fund (Item 3600-001-0211)   

−245,000 
 (18)

Amount payable from the Marine Invasive Species Control Fund (Item 3600-001-0212)   

−1,381,000 
 (19)

Amount payable from the Public Resources Account, Cigarette and Tobacco Products Surtax Fund (Item 3600-001-0235)   

−1,957,000 
 (20)

Amount payable from the Oil Spill Prevention and Administration Fund (Item 3600-001-0320)   

−35,378,000 
 (21)

Amount payable from the Environmental Enhancement Fund (Item 3600-001-0322)   

−759,000 
 (22)

Amount payable from the Wildlife Restoration Fund (Item 3600-001-0447)   

−2,535,000 
 (23)

Amount payable from the Federal Trust Fund (Item 3600-001-0890)   

−42,228,000 
 (24)

Amount payable from the Special Deposit Fund (Item 3600-001-0942)   

−1,660,000 
 (25)

Amount payable from the Hatchery and Inland Fisheries Fund (Item 3600-001-3103)   

−19,793,000 
 (26)

Amount payable from the Timber Regulation and Forest Restoration Fund (Item 3600-001-3212)   

−5,545,000 
 (27)

Amount payable from the Greenhouse Gas Reduction Fund (Item 3600-001-3228)

−3,382,000 
 (28)

Amount payable from the Interim Water Supply and Water Quality Infrastructure and Management Subaccount (Item 3600-001-6027)   

−545,000 
 (29)

Amount payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (Item 3600-001-6031)   

−2,841,000 
 (30)

Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 3600-001-6051)   

−15,561,000 
 (31)

Amount payable from the California Sea Otter Fund (Item 3600-001-8047)   

−186,000 
 (32)

Amount payable from the Salton Sea Restoration Fund (Item 3600-001-8018)   

−573,000 
 

Provisions:

 
 1.

The funds appropriated in this item may be increased with the approval of, and under the conditions set by, the Director of Finance to meet current obligations proposed to be funded in Schedules (10) and (23). The funds appropriated in this item shall not be increased until the Department of Fish and Wildlife has a valid contract, signed by the client agency, that provides sufficient funds to finance the increased authorization. This increased authorization may not be used to expand services or create new obligations. Reimbursements received under Schedules (10) and (23) shall be used in repayment of any funds used to meet current obligations pursuant to this provision.

 
 2.

The funds appropriated in this item for purposes of subdivision (n) of Section 75050 of the Public Resources Code shall continue only so long as the Bureau of Reclamation within the United States Department of the Interior continues to provide federal funds and continues to carry out federal actions to implement the settlement agreement in Natural Resources Defense Council v. Rodgers (2005) 381 F.Supp.2d 1212.

 
 3.Of the funds appropriated in this item, $3,250,000, available for emergency drought response, shall be available for encumbrance until June 30, 2016. 

 

15

SEC. 8.  

Item 3600-101-0001 of Section 2.00 of the Budget
16Act of 2014
is amended to read:

 

3600-101-0001--For local assistance, Department of Fish and Wildlife   

5,777,000
 

Schedule:

 
 (1)

20-Biodiversity Conservation Program   

5,777,000 
 Provisions:
 1. Of the funds appropriated in this item, $1,500,000 is for the Fisheries Restoration Grant Program and shall be available for encumbrance until June 30, 2016. 

 

28

SEC. 9.  

Item 3640-493 of Section 2.00 of the Budget Act of
292014
is amended to read:

 

3640-493--Reappropriation, Wildlife Conservation Board. The balances of the appropriations provided in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2020:

 
 6031--Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 
 (1)Item 3640-311-6031, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3640-492 Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) and Item 3640-492, Budget Act of 2011 (Ch. 33, Stats. 2011) 
 (2)Item 3640-311-6031, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), as reappropriated by Item 3640-491 Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) and Item 3640-490, Budget Act of 2013 (Chs. 20 and 354, Stats. 2013) 
   
    
    

 

13

SEC. 10.  

Item 3640-494 is added to Section 2.00 of the Budget
14Act of 2014
, to read:

 

3640-494--Reappropriation, Wildlife Conservation Board. The balances of the appropriations provided in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for transfer upon the order of the Director of Finance until June 30, 2020:

 
 6052--Disaster Preparedness and Flood Prevention Bond Fund of 2006 
 (1)Item 3640-311-6052, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) as reappropriated by Item 3640-490, Budget Act of 2012 (Ch. 21 and 29, Stats. 2012) 
 (2)Item 3640-311-6052, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) as reappropriated by Item 3640-490, Budget Act of 2013 (Ch. 20, Stats. 2013) 
 (3)Item 3640-311-6052, Budget Act of 2010 (Ch. 712, Stats. 2010) 
 (4)Item 3640-311-6052, Budget Act of 2011 (Ch. 33, Stats. 2011) 
 (5)Item 3640-311-6052, Budget Act of 2012 (Chs. 21 and 29, Stats. 2012) 
 Provisions:
 1.Upon order of the Director of Finance, the Controller shall transfer the amounts appropriated in this item to the Habitat Conservation Fund. 
 2.The funds appropriated and transferred pursuant to this item shall be used for purposes consistent with the requirements of the Habitat Conservation Fund. 

 

5

SEC. 11.  

Item 3760-311-6052 is added to Section 2.00 of the 6Budget Act of 2014, to read:

 

3760-311-6052--For transfer by the Controller from the Disaster Preparedness and Flood Prevention Bond Fund of 2006 to the Habitat Conservation Fund    

1,127,000
 Provisions:
 1.This appropriation represents the unliquidated balance of Item 3760-311-6052, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), that has reverted because funds from the original appropriation were never transferred into the Habitat Conservation Fund 
 2.Upon order of the Director of Finance, the Controller shall transfer the amounts appropriated in this item to the Habitat Conservation Fund. 
 3.The funds appropriated and transferred pursuant to this item shall be used for purposes consistent with the requirements of the Habitat Conservation Fund. 

 

24

SEC. 12.  

Item 3760-490 is added to Section 2.00 of the Budget
25Act of 2014
, to read:

 

3760-490--Reappropriation, State Coastal Conservancy. The balances of the appropriations provided in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for transfer upon the order of the Director of Finance until June 30, 2020:

 
 6052-Disaster Preparedness and Flood Prevention Bond Fund of 2006 
 (1)Item 3760-311-6052, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) 
 (2)Item 3760-311-6052, Budget Act of 2010 (Ch. 712, Stats. 2010) 
 (3)Item 3760-311-6052, Budget Act of 2011 (Ch. 33, Stats. 2011) 
 (4)Item 3760-311-6052, Budget Act of 2012 (Chs. 21 and 29, Stats. 2012) 
 Provisions:
 1.Upon order of the Director of Finance, the Controller shall transfer the amounts appropriated in this item to the Habitat Conservation Fund. 
 2.The funds appropriated and transferred pursuant to this item shall be used for the purposes consistent with the requirements of the Habitat Conservation Fund. 

 

13

SEC. 13.  

Item 3760-493 of Section 2.00 of the Budget Act of
142014
is repealed.

15

SEC. 14.  

Item 3790-001-0392 of Section 2.00 of the Budget
16Act of 2014
is amended to read:

 

3790-001-0392--For support of Department of Parks and Recreation, payable from the State Parks and Recreation Fund   

161,201,000
 

Schedule:

 
 (1)

For support of Department of Parks and Recreation   

427,992,000 
 (2)

Boating and Waterways   

29,472,000 
 (3)

Legal Services   

341,000 
 (4)

Reimbursements   

−27,015,000 
 (5)

Less funding provided by capital outlay   

−4,000,000 
 (6)

Amount payable from the General Fund (Item 3790-001-0001)   

−115,938,000 
 (7)

Amount payable from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Bond Fund (Item 3790-001-0005)   

−569,000 
 (8)

Amount payable from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Bond Fund (Item 3790-003-0005)   

−12,261,000 
 (9)

Amount payable from the California Environmental License Plate Fund (Item 3790-001-0140)   

−3,258,000 
 (10)

Amount payable from the Public Resources Account, Cigarette and Tobacco Products Surtax Fund (Item 3790-001-0235)   

−7,744,000 
 (11)

Amount payable from the Off-Highway Vehicle Trust Fund (Item 3790-001-0263)   

−67,357,000 
 (11.5)

Amount payable from the Lake Tahoe Conservancy Account (Item 3125-001-0286)   .

−120,000 
 (12)

Amount payable from the Winter Recreation Fund (Item 3790-001-0449)   

−347,000 
 (13)

Amount payable from the Harbors and Watercraft Revolving Fund (Item 3790-001-0516)   

−28,355,000 
 (14)

Amount payable from the Federal Trust Fund (Item 3790-001-0890)   

−18,093,000 
 (15)

Amount payable from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (Item 3790-001-6029)   

−1,736,000 
 (16)

Amount payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (Item 3790-001-6031)   

−292,000 
 (17)

Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 3790-001-6051)   

−4,572,000 
 (18)

Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 3790-003-6051)   

−3,520,000 
 (19)

Amount payable from the Disaster Preparedness and Flood Prevention Bond Fund of 2006 (Item 3790-001-6052)   

−1,427,000 
 

Provisions:

 
 1.

Of the funds appropriated in this act from special funds, other than the Off-Highway Vehicle Trust Fund and bond funds, to the Department of Parks and Recreation for local assistance grants to local agencies, the department may allocate an amount not to exceed 3.7 percent of each project’s allocation, except to the extent otherwise restricted by law, to allow the department to administer its grants. Those funds shall be available for encumbrance or expenditure until June 30, 2020.

 
 2.

It is the intent of the Legislature that salaries, wages, operating expenses, and positions associated with implementing specific Department of Parks and Recreation capital outlay projects continue to be funded through capital outlay appropriations, and that these funds should also be reflected in the department’s state operations budget in the Governor’s Budget as a special item of expense reflecting the funding provided from the capital outlay appropriations.

 
 3.

Notwithstanding any other provision of law, the Director of Finance may authorize a loan from the General Fund, in an amount not to exceed 35 percent of reimbursements appropriated in this item to the Department of Parks and Recreation, provided that:

 
  (a)

The loan is to meet cash needs resulting from the delay in receipt of reimbursements for services provided.

 
  (b)

The loan is for a short term and shall be repaid by September 30, 2015.

 
  (c)

Interest charges may be waived pursuant to subdivision (e) of Section 16314 of the Government Code.

 
  (d)

The Director of Finance may not approve the loan unless the approval is made in writing and filed with the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations not later than 30 days prior to the effective date of the approval, or not later than whatever lesser time prior to that effective date that the chairperson of the joint committee, or his or her designee, may determine.

 
 4.

The Department of Parks and Recreation is authorized to enter into a contract for fee collection and other services required by the department with a cooperative association that has and will continue to fund state employees on an ongoing basis.

 
 5.

Of the amount appropriated in this item, $6,000,000 shall be available for support or capital outlay, and available for expenditure and encumbrance until June 30, 2016, for water, wastewater, and sewer system projects.

 

 

P20  18

SEC. 15.  

Item 3790-001-0516 of Section 2.00 of the Budget
19Act of 2014
is amended to read:

 

3790-001-0516--For support of Department of Parks and Recreation, for payment to Item 3790-001-0392, payable from the Harbors and Watercraft Revolving Fund   

28,355,000
 

Provisions:

 
 1.

Notwithstanding any other provision of law, $300,000 of the funds appropriated in this item may be used for emergency repairs.

 
 2.Of the amount appropriated in this item, $3,993,000 is available for aquatic invasive species mitigation and shall be available for encumbrance until June 30, 2016. 

 

32

SEC. 16.  

Item 3790-001-6052 of Section 2.00 of the Budget
33Act of 2014
is amended to read:

 

3790-001-6052--For support of Department of Parks and Recreation, payable to Item 3790-001-0392, from the Disaster Preparedness and Flood Prevention Bond Fund of 2006   

1,427,000
 Provisions:
 1.The amount appropriated in this item shall be available for encumbrance until June 30, 2020, and available for liquidation until June 30, 2023. 

 

6

SEC. 17.  

Item 3790-492 is added to Section 2.00 of the Budget
7Act of 2014
, to read:

 

3790-492--Reappropriation, Department of Parks and Recreation. Notwithstanding any other law, the balance as of June 30, 2015, of any prior year appropriations, except any reversion item, from the Disaster Preparedness and Flood Prevention Bond Fund of 2006 (Fund 6052) shall be available for encumbrance until June 30, 2020, and available for liquidation until June 30, 2023.

 
 Provisions:
 1.The Department of Parks and Recreation may transfer amounts reappropriated in this item to Item 3790-001-6052. 
 2.The Department of Finance shall provide to the Controller an itemized list of appropriations subject to this item immediately upon enactment of the act adding this item. 

 

25

SEC. 18.  

Item 3860-001-0001 of Section 2.00 of the Budget
26Act of 2014
is amended to read:

 

3860-001-0001--For support of Department of Water Resources   

89,560,000
 

Schedule:

 
 (1)

10-Continuing Formulation of the California Water Plan   

97,913,000 
 (2)

20-Implementation of the State Water Resources Development System   

4,106,000 
 (3)

30-Public Safety and Prevention of Damage   

109,897,000 
 (4)

35-Central Valley Flood Protection Board   

13,795,000 
 (5)

40-Services   

7,510,000 
 (6)

45-California Energy Resources Scheduling (CERS)   

23,235,000 
 (7)

50.01-Management and Administration   

88,704,000 
 (8)

50.02-Distributed Management and Administration   

−88,704,000 
 (9)

Reimbursements   

−37,525,000 
 (10)

Amount payable from the California Environmental License Plate Fund (Item 3860-001-0140)   

−921,000 
 (11)

Amount payable from the Energy Resources Programs Account (Item 3860-001-0465)   

−2,641,000 
 (12)

Amount payable from the Sacramento Valley Water Management and Habitat Protection Subaccount (Item 3860-001-0544)   

−26,000 
 (13)

Amount payable from the California Safe Drinking Water Fund of 1988 (Item 3860-001-0793)   

−109,000 
 (14)

Amount payable from the Federal Trust Fund (Item 3860-001-0890)   

−12,840,000 
 (15)

Amount payable from the Dam Safety Fund (Item 3860-001-3057)   

−12,005,000 
 (16)

Amount payable from the Department of Water Resources Electric Power Fund (Item 3860-001-3100)   

−23,235,000 
 (17)

Amount payable from the Greenhouse Gas Reduction Fund (Item 3860-001-3228)

......
−1,000,000 
 (18)

Amount payable from the Cost of Implementation Account, Air Pollution Control Fund (Item 3860-001-3237)   

−330,000 
 (19)

Amount payable from the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Bond Fund (Item 3860-001-6001)   

−358,000 
 (20)

Amount payable from the Flood Protection Corridor Subaccount (Item 3860-001-6005)   

−100,000 
 (21)

Amount payable from the Urban Stream Restoration Subaccount (Item 3860-001-6007)   

−45,000 
 (22)

Amount payable from the Yuba Feather Flood Protection Subaccount (Item 3860-001-6010)   

−400,000 
 (23)

Amount payable from the Water Conservation Account (Item 3860-001-6023)   

−498,000 
 (24)

Amount payable from the Conjunctive Use Subaccount (Item 3860-001-6025)   

−50,000 
 (25)

Amount payable from the Bay-Delta Multipurpose Water Management Subaccount (Item 3860-001-6026)   

−4,346,000 
 (26)

Amount payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (Item 3860-001-6031)   

−5,269,000 
 (27)

Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 3860-001-6051)   

−14,419,000 
 (28)

Amount payable from the Disaster Preparedness and Flood Prevention Bond Fund of 2006 (Item 3860-001-6052)   

−50,779,000 
 

Provisions:

 
 1.

The amounts appropriated in Items 3860-001-0001 to 3860-001-6052, inclusive, shall be transferred to the Water Resources Revolving Fund (0691) for direct expenditure in such amounts as the Department of Finance may authorize, including cooperative work with other agencies.

 
 2.

The funds appropriated in this item for purposes of subdivision (n) of Section 75050 of the Public Resources Code may be expended only so long as the United States Bureau of Reclamation continues to provide federal funds and continues to carry out federal actions to implement the settlement agreement in Natural Resources Defense Council v. Rodgers (E.D. Cal. 2005) 381 F.Supp.2d 1212.

 
 3.Until June 30, 2016, upon the order of the Director of Finance, the amount available for expenditure in this item may be augmented to support maintenance, operations, and removal of emergency drought barriers and actions to minimize impacts of the barriers on affected aquatic species in the Sacramento-San Joaquin Delta. The Department of Finance shall provide notification in writing to the Joint Legislative Budget Committee of any augmentation approved under this provision not less than 30 days prior to the effective date of the augmentation. This 30-day notification shall include a detailed workload and cost analysis. Any funds provided to remove emergency drought barriers in the Delta shall be available for encumbrance or expenditure until June 30, 2016. Any funds that are not expressly used for that purpose shall revert to the General Fund. 
 4.Of the amount provided to the Department of Water Resources, $2,000,000 shall be allocated to assist local agencies with emergency water supply drought projects. 
 5.The Department of Water Resources is required to report to the Legislature on or before January 10, 2015, with specific reductions in funding for the 72.0 positions that were backfilled pursuant to the Governor’s emergency drought response proposal. 
 6.Of the amount appropriated in this item, $14,025,000 is available for drought emergency response activities and shall be available for encumbrance until June 30, 2016. 

 

SEC. 19.  

Item 3860-001-3228 is added to Section 2.00 of the Budget Act of 2014, to read:

 

3860-001-3228--For support of Department of Water Resources, for payment to Item 3860-001-0001, payable from the Greenhouse Gas Reduction Fund    

1,000,000
 Provisions:
 1.The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2017. 
 2.The funds appropriated in this item shall be expended to administer a grant program for local agencies, joint powers authorities, or nonprofit organizations to implement residential, commercial, or institutional water efficiency programs or projects that reduce greenhouse gas emissions and water and energy use. 

 

SEC. 20.  

Item 3860-101-0001 is added to Section 2.00 of the Budget Act of 2014, to read:

 

3860-101-0001--For local assistance, Department of Water Resources   

5,000,000
 Provisions:
 1.The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2016. 
 2.The funds appropriated in this item shall be available for local assistance for emergency drinking water support for small communities, including addressing private well shortages. 

 

SEC. 21.  

Item 3860-101-3228 is added to Section 2.00 of the Budget Act of 2014, to read:

 

3860-101-3228--For local assistance, Department of Water Resources, payable from the Greenhouse Gas Reduction Fund    

9,000,000
 Provisions:
 1.The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2017. 
 2.The funds appropriated in this item shall be available for local assistance for local agencies, joint powers authorities, or nonprofit organizations to implement residential, commercial, or institutional water efficiency programs or projects that reduce greenhouse gas emissions and water and energy use. 

 

SEC. 22.  

Item 3860-101-6052 of Section 2.00 of the Budget Act of 2014 is amended to read:

 

3860-101-6052--For local assistance, Department of Water Resources, payable from the Disaster Preparedness and Flood Prevention Bond Fund of 2006   

294,184,000
 Provisions:
 1.The amount appropriated in this item shall be available for encumbrance until June 30, 2020, and available for liquidation until June 30, 2023. 
 2.The Department of Water Resources may transfer amounts appropriated in this item to Item 3860-301-6052 of this act. 

 

SEC. 23.  

Item 3860-301-3228 is added to Section 2.00 of the Budget Act of 2014, to read:

 

3860-301-3228--For capital outlay, Department of Water Resources, payable from the Greenhouse Gas Reduction Fund    

10,000,000
 Schedule:
 (1)

20.20.212-Water-Energy Efficiency Projects   

10,000,000 
 Provisions:
 1.The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2018. 

 

SEC. 24.  

Item 3860-301-6052 is added to Section 2.00 of the Budget Act of 2014, to read:

 

3860-301-6052--For capital outlay, Department of Water Resources, payable from the Disaster Preparedness and Flood Prevention Bond Fund of 2006    

386,000,000
 Schedule:
 (1)

30.95.350-Urban Flood Risk Reduction Program   

320,000,000 
 (2)

30.95.360-Non-Urban Flood Risk Management   

118,000,000 
 (3)

Reimbursements   

−52,000,000 
 Provisions:
 1.The funds appropriated in this item may be expended for relocations and acquisition of land, easements, and rights-of-way, including, but not limited to, borrow pits, spoil areas, and easements for levees, clearing, flood control works, and flowage, and for appraisals, surveys, and engineering studies necessary for the completion or operation of the projects in the Sacramento and San Joaquin watersheds as authorized by Section 8617.1 and Chapters 1 (commencing with Section 12570), 2 (commencing with Section 12639), 3 (commencing with Section 12800), 3.5 (commencing with Section 12840), and 4 (commencing with Section 12850) of Part 6 of Division 6 of the Water Code. Notwithstanding paragraph (1) of subdivision (a) of Section 12582.7 and Section 12585.5 of the Water Code, prior to state and federal authorization of the project and appropriation of federal construction funds by Congress and subsequent to submittal of a report to the Legislature pursuant to Section 12582.7 of the Water Code, the amounts appropriated in this item may be expended for state costs associated with preconstruction design and engineering work conducted by the federal government and others. 
 2.Funds appropriated in this item may also be expended for the evaluation, repair, rehabilitation, reconstruction, or replacement of flood protection facilities consistent with subdivision (a) of Section 5096.821 of the Public Resources Code; for study, evaluation, improvement, and addition of facilities to provide enhanced levels of flood protection consistent with subdivision (b) of Section 5096.821 of the Public Resources Code; or for the protection, creation, and enhancement of flood protection corridors and bypasses consistent with Section 5096.825 of the Public Resources Code. 
 3.Funds appropriated in this item may also be used for any of the following: 
  (a)Advances to the federal government, or payments to the federal government or others for incidental construction or reconstruction items that are an obligation of the state in connection with the completion or operation of the projects and for materials. 
  (b)Flood protection-related activities of the state associated with construction, reconstruction, relocation, or alterations to levees, other flood control works, highways, railroads, bridges, power lines, communication lines, pipelines, irrigation works, and other structures and facilities, and for appraisals, surveys, mitigation and engineering studies incidental thereto. 
  (c)Flood protection-related planning studies, surveys, preliminary plans, drawings, acquisitions, relocations, rights-of-way, construction, construction supervision, contract administration, and other work activities to be performed by Department of Water Resources personnel and contractors for completion of the projects. 
 4.Funds appropriated in this item may be used to implement the projects identified in this item without arrangements with the federal government while making reasonable efforts to obtain funding from the federal government in advance or by arranging to perform work that is a federal responsibility prior to the availability of federal appropriations with the intention that the costs will be reimbursed or eligible for credit by the federal government as provided in Public Law 99-662, Section 104, November 17, 1986; Public Law 90-483, Section 215, August 13, 1968; or other applicable law. 
 5.Notwithstanding Section 26.00, funds may be transferred, with the approval of the Department of Finance, among projects specified in this item and other Department of Water Resources flood protection-related major capital outlay projects with an active appropriation. The Director of Finance shall notify, in writing, the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee, within 30 days or such lesser time as the chairperson of the joint committee, or his or her designee, may determine, prior to any transfer. 
 6.Payments from a local sponsor may be received by the Department of Water Resources and may be advanced to the federal government. 
 7.The amounts appropriated in this item shall be available for encumbrance until June 30, 2020, and available for liquidation until June 30, 2023. 
 8.The Department of Water Resources may transfer amounts appropriated in this item to Item 3860-101-6052 of this act. 
 9.The Department of Finance shall submit a report to the Joint Legislative Budget Committee on state operations, local assistance, and capital outlay expenditures from the Disaster Preparedness and Flood Prevention Bond Fund upon the annual release of the Governor’s Budget, until such funds are exhausted. The annual report shall identify actual prior-year expenditures, current-year budgeted amounts, and estimated budget-year expenditures by major program area. If the funding for a major program area was, or is planned to be, expended for a specific capital project, the department shall identify that project in the report. 

 

SEC. 25.  

Item 3860-490 is added to Section 2.00 of the Budget Act of 2014, to read:

 

3860-490--Reappropriation, Department of Water Resources. Notwithstanding any other law, including this act, the balance as of June 30, 2015, of any prior year appropriations, except any reversion item, from the Disaster Preparedness and Flood Prevention Bond Fund of 2006 (Fund 6052) shall be available for encumbrance until June 30, 2020, and available for liquidation until June 30, 2023.

 
 Provisions:
 1.The Department of Water Resources may transfer amounts reappropriated in this item to Item 3860-101-6052 and Item 3860-301-6052. 
 2.The Department of Finance shall provide to the Controller an itemized list of appropriations subject to this item immediately upon enactment of the act adding this item. 

 

SEC. 26.  

Item 3940-001-6083 is added to Section 2.00 of the Budget Act of 2014, to read:

 

3940-001-6083--For support of the State Water Resources Control Board, payable from the Water Quality, Supply, and Infrastructure Improvement Fund of 2014, to be available for expenditure until June 30, 2016    

6,833,000
 Schedule:
 (1)

10-Water Quality   

6,970,000 
 (2)

Reimbursements   

−137,000 

 

SEC. 27.  

Item 3940-002-0001 is added to Section 2.00 of the Budget Act of 2014, to read:

 

3940-002-0001--For support of the State Water Resources Control Board, to be available for encumbrance or expenditure until June 30, 2016    

9,121,000
 Schedule:
 (1)

20-Water Rights   

9,121,000 
 Provisions:
 1.Of the amount appropriated in this item, $6,727,000 shall be available to the State Water Resources Control Board for drought-related water right and water conservation actions, including establishing and enforcing requirements to prevent the waste or unreasonable use of water and to promote water recycling, establishing and enforcing curtailments in diversion based on unavailability of water under the diverters priority of right, and enforcing terms and conditions of water right permits and licenses. 
 2.Of the amount appropriated in this item, $2,394,000 shall be available to the State Water Resources Control Board to complete instream flow studies for tributaries identified in the report titled “Instream Flow Studies for the Protection of Public Trust Resources: A Prioritized Schedule and Estimate of Costs, December 2010” and to provide support for establishing and implementing flow requirements based on the flow studies. 

 

SEC. 28.  

Item 3940-002-0679 is added to Section 2.00 of the Budget Act of 2014, to read:

 

3940-002-0679--For support of State Water Resources Control Board, payable from the State Water Quality Control Fund, to be available for encumbrance or expenditure until June 30, 2016    

916,000
 Schedule:
 (1)

10-Water Quality   

916,000 
 Provisions:
 1.The funds appropriated in this item are appropriated from the State Water Pollution Cleanup and Abatement Account, created pursuant to Section 13440 of the Water Code, to the State Water Resources Control Board to administer grants and direct expenditures to fund actions to address drought-related drinking water emergencies or threatened emergencies, without regard to whether the need for the emergency drinking water is as a result of the discharge of waste. 
 2.The amount appropriated in this item includes revenues derived from the assessment of fines and penalties imposed as specified in Section 13332.18 of the Government Code. 

 

SEC. 29.  

Item 3940-101-0679 is added to Section 2.00 of the Budget Act of 2014, to read:

 

3940-101-0679--For local assistance, State Water Resources Control Board, for Program 10-Drinking Water, payable from the State Water Quality Control Fund    

15,000,000
 Schedule:
 (1)

10-Water Quality   

15,000,000 
 Provisions:
 1.The funds appropriated in this item are appropriated from the State Water Pollution Cleanup and Abatement Account, created pursuant to Section 13440 of the Water Code, to the State Water Resources Control Board for encumbrance until June 30, 2016, for grants and direct expenditures to fund actions to address drought-related drinking water emergencies or threatened emergencies, without regard to whether the need for emergency drinking water is as a result of the discharge of waste. Guidelines adopted by the State Water Resources Control Board for allocation and administration of these moneys shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Expenditures pursuant to this appropriation shall be exempt from contracting and procurement requirements to the extent necessary to take immediate action to protect public health and safety. 
 2.The amount appropriated in this item includes revenues derived from the assessment of fines and penalties imposed as specified in Section 13332.18 of the Government Code. 
 3.Notwithstanding any other provision of law, upon approval and order of the Director of Finance, the State Water Resources Control Board may borrow sufficient funds for cash purposes from special funds that otherwise provide support for the board. Any such loans are to be repaid with interest at the rate earned in the Pooled Money Investment Account. 

 

SEC. 30.  

Item 3940-101-6083 is added to Section 2.00 of the Budget Act of 2014, to read:

 

3940-101-6083--For local assistance, State Water Resources Control Board, for Program 10-Water Quality, payable from the Water Quality, Supply, and Infrastructure Improvement Fund of 2014, to be available for expenditure until June 30, 2018    

261,500,000

 

SEC. 31.  

Item 3940-102-0679 is added to Section 2.00 of the Budget Act of 2014, to read:

 

3940-102-0679--For support of State Water Resources Control Board, payable from the State Water Quality Control Fund    

4,000,000
 Provisions:
 1.The funds appropriated in this item are appropriated from the State Water Pollution Cleanup and Abatement Account, created pursuant to Section 13440 of the Water Code, to the State Water Resources Control Board to provide interim emergency drinking water to disadvantaged communities with contaminated drinking water supplies, without regard to the source of contamination, including those contaminated drinking water supplies exacerbated by drought conditions. These funds shall be available for expenditure until June 30, 2016. 
 2.The amount appropriated in this item includes revenues derived from the assessment of fines and penalties imposed as specified in Section 13332.18 of the Government Code. 

 

SEC. 32.  

Item 5180-101-0001 of Section 2.00 of the Budget Act of 2014 is amended to read:

 

5180-101-0001--For local assistance, Department of Social Services   

930,075,000
 

Schedule:

 
 (1)

16.30-CalWORKs   

3,940,902,834 
 (2)

16.65-Other Assistance Payments   

901,147,166 
 (3)

Reimbursements   

−474,000 
 (4)

Amount payable from the Emergency Food Assistance Program Fund (Item 5180-101-0122)   

−588,000 
 (5)

Amount payable from the Federal Trust Fund (Item 5180-101-0890)   

−3,904,401,000 
 (6)

Amount payable from the Child Support Collections Recovery Fund (Item 5180-101-8004)   

−6,512,000 
 

Provisions:

 
 1.(a)

No funds appropriated in this item shall be encumbered unless every rule or regulation adopted and every all-county letter issued by the State Department of Social Services that adds to the costs of any program is approved by the Department of Finance as to the availability of funds before it becomes effective. In making the determination as to availability of funds to meet the expenditures of a rule, regulation, or all-county letter that would increase the costs of a program, the Department of Finance shall consider the amount of the proposed increase on an annualized basis, the effect the change would have on the expenditure limitations for the program set forth in this act, the extent to which the rule, regulation, or all-county letter constitutes a deviation from the premises under which the expenditure limitations were prepared, and any additional factors relating to the fiscal integrity of the program or the state’s fiscal situation.

 
  (b)

Notwithstanding Sections 28.00 and 28.50, the availability of funds contained in this item for rules, regulations, or all-county letters that add to program costs funded from the General Fund in excess of $500,000 on an annual basis, including those that are the result of a federal regulation, but excluding those that are (a) specifically required as a result of the enactment of a federal or state law or (b) included in the appropriation made by this act, shall not be approved by the Department of Finance sooner than 30 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, or sooner than such lesser time after notification as the chairperson of the joint committee, or his or her designee, may in each instance determine.

 
 2.

Notwithstanding Chapter 1 (commencing with Section 18000) of Part 6 of Division 9 of the Welfare and Institutions Code, a loan not to exceed $500,000,000 shall be made available from the General Fund, from funds not otherwise appropriated, to cover the costs of a program or programs when the federal funds have not been received or funds in any subaccount within the Local Revenue Fund have not been deposited prior to the usual time for the state to transmit payment to the counties. This loan from the General Fund shall be repaid when the federal funds or the funds for any subaccounts within the Local Revenue Fund for the program or programs becomes available.

 
 3.

The Department of Finance may authorize the transfer of amounts from this item to Item 5180-001-0001 in order to fund the costs of the administrative hearing process associated with the CalWORKs program.

 
 4.(a)

The Department of Finance is authorized to approve expenditures in those amounts made necessary by changes in either caseload or payments, including, but not limited to, the timing of federal payments, or any rule or regulation adopted and any all-county letter issued as a result of the enactment of a federal or state law, the adoption of a federal regulation, or a court action, during the 2014-15 fiscal year that are within or in excess of amounts appropriated in this act for that year.

 
  (b)

If the Department of Finance determines that the estimate of expenditures will exceed the expenditures authorized for this item, the department shall so report to the Legislature. At the time the report is made, the amount of the appropriation made in this item shall be increased by the amount of the excess unless and until otherwise provided by law.

 
 5.

Nonfederal funds appropriated in this item which have been budgeted to meet the state’s Temporary Assistance for Needy Families maintenance-of-effort requirement established pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) may not be expended in any way that would cause their disqualification as a federally allowable maintenance-of-effort expenditure.

 
 6.

In the event of declared disaster and upon county request, the State Department of Social Services may act in the place of any county and assume direct responsibility for the administration of eligibility and grant determination. Upon recommendation of the Director of Social Services, the Department of Finance may authorize the transfer of funds from this item and Item 5180-101-0890, to Items 5180-001-0001 and 5180-001-0890, for this purpose.

 
 7.

Pursuant to the Electronic Benefit Transfer (EBT) Act (Chapter 3 (commencing with Section 10065) of Part 1 of Division 9 of the Welfare and Institutions Code) and in accordance with the EBT System regulations (Manual of Policies and Procedures Section 16-401.15), in the event a county fails to reimburse the EBT contractor for settlement of EBT transactions made against the county’s cash assistance programs, the state is required to pay the contractor. The State Department of Social Services may use funds from this item to reimburse the EBT contractor for settlement on behalf of the county. The county shall be required to reimburse the department for the county’s settlement via direct payment or administrative offset.

 
 8.

The Department of Finance is authorized to approve expenditures for the California Food Assistance Program in those amounts made necessary by changes in the CalFresh Program Standard Utility Allowance, including those that result from midyear Standard Utility Allowance adjustments requested by the state. If the Department of Finance determines that the estimate of expenditures will exceed the expenditure authority of this item, the department shall so report to the Legislature. At the time the report is made, the amount of the appropriation made in this item shall be increased by the amount of the excess unless and until otherwise provided by law.

 
 9.(a)Upon request of the State Department of Social Services, the Department of Finance may increase expenditure authority in this item by up to $37,000,000 for food assistance programs associated with persons affected by the drought. Notwithstanding any other provision of law, these funds shall be available for commodity purchases and state and local agency administrative costs incurred on or before December 31, 2016, to provide food assistance associated with the drought through existing partnerships. The Department of Finance shall notify the Joint Legislative Budget Committee of the adjustment within 10 working days of the date the Department of Finance approved the adjustment. 
  (b)It is the intent of the Legislature that, in addition to the counties identified by the Governor’s Drought Task Force as being drought-impacted, the food assistance authorized in subdivision (a) also shall be made available to Imperial County, San Luis Obispo County, Santa Barbara County, Ventura County, and the Coachella Valley in Riverside County. 
  (c)Upon request of the State Department of Social Services, the Department of Finance may increase expenditure authority above the amount authorized in subdivision (a). The Department of Finance shall authorize any such increase not sooner than 10 days after notification of the necessity thereof 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. 
 10.Of the amount appropriated in Schedule (1), $20,000,000 shall be available for housing supports for those families in receipt of CalWORKs for whom homelessness or housing instability is a barrier to self-sufficiency or child well-being pursuant to Section 11330.5 of the Welfare and Institutions Code. 

 

SEC. 33.  

Item 8570-001-0001 of Section 2.00 of the Budget Act of 2014 is amended to read:

 

8570-001-0001--For support of Department of Food and Agriculture   

60,441,000
 

Schedule:

 
 (1)

11-Agricultural Plant and Animal Health, Pest Prevention, Food Safety Services   

174,692,000 
 (2)

21-Marketing, Commodities, and Agricultural Services   

22,649,000 
 (3)

31-Assistance to Fairs and County Agricultural Activities   

1,276,000 
 (4)

41.01-Executive, Management, and Administrative Services   

21,062,000 
 (5)

41.02-Distributed Executive, Management, and Administrative Services   

−20,883,000 
 (6)

51-General Agricultural Activities   

50,426,000 
 (7)

Reimbursements   

−17,664,000 
 (8)

Amount payable from the Motor Vehicle Account, State Transportation Fund (Item 8570-001-0044)   

−6,799,000 
 (9)

Amount payable from the Department of Agriculture Account, Department of Food and Agriculture Fund (Item 8570-001-0111)   

−38,408,000 
 (10)

Amount payable from the Fair and Exposition Fund (Item 8570-001-0191)   

−1,276,000 
 (11)

Amount payable from the Harbors and Watercraft Revolving Fund (Item 8570-001-0516)   

−4,378,000 
 (12)

Amount payable from the Department of Agriculture Building Fund (Item 8570-001-0601)   

−1,963,000 
 (13)

Amount payable from the Federal Trust Fund (Item 8570-001-0890)   

−91,585,000 
 (14)

Amount payable from the Antiterrorism Fund (Item 8570-001-3034)   

−548,000 
 (15)

Amount payable from the Analytical Laboratory Account, Department of Food and Agriculture Fund (Item 8570-001-3101)   

−533,000 
 (16)

Amount payable from the Specialized License Plate Fund (Item 8570-001-3139)   

−477,000 
 (17)

Amount payable from the Greenhouse Gas Reduction Fund (Item 8570-001-3228)   

−25,000,000 
 (17.5)

Amount payable from the Cost of Implementation Account, Air Pollution Control Fund (Item 8570-001-3237)   

−140,000 
 (18)

Amount payable from the Municipal Shelter Spay-Neuter Fund (Item 8570-001-8055)   

−10,000 
 

Provisions:

 
 1.

The Secretary of Food and Agriculture shall furnish to the Director of Finance and the Chairperson of the Joint Legislative Budget Committee annual reports on all expenditures from all fund sources for emergency detection and eradication activities relating to agricultural plant or animal pests or diseases for which no other program funds are available to be used to detect or eradicate such pest or disease if the pest or disease is not considered established in California and the pest or disease infests or infects plants or animals of commercial or noncommercial agriculture, ornamental horticulture, or habitat of significance. The report shall specify the amount expended by funding source, the activities performed, the pest or disease, the location where the pest was detected, the location where the eradication efforts were performed, and the animal or plant affected for each emergency detection or eradication.

 
 2.

The Department of Food and Agriculture shall require full public participation, including public meetings, from all major regions of the state for each notification of proposed actions within the Light Brown Apple Moth program.

 
 3.Of the amount appropriated in this item, $200,000 is available for a study to evaluate the impacts of drought on the agriculture sector and shall be available for encumbrance until June 30, 2016. 

 

SEC. 34.  

Item 8570-001-3228 of Section 2.00 of the Budget Act of 2014 is amended to read:

 

8570-001-3228--For support of Department of Food and Agriculture, for payment to Item 8570-001-0001, payable from the Greenhouse Gas Reduction Fund   

25,000,000
 Provisions:
 1.The funds appropriated in this item shall be available for encumbrance or expenditure until June 30, 2016. 

 

SEC. 35.  

Item 9800-001-0001 of Section 2.00 of the Budget Act of 2014 is amended to read:

 

9800-001-0001--For Augmentation for Employee Compensation   

271,039,000
 

Provisions:

 
 1.

The amount appropriated in this item shall not be construed to control or influence collective bargaining between the state employer and employee representatives.

 
 2.

The funds appropriated in this item are for compensation increases and increases in benefits related thereto of employees whose compensation, or portion thereof, is chargeable to the General Fund, to be allocated by budget executive order by the Director of Finance to the several state offices, departments, boards, bureaus, commissions, and other state agencies, in augmentation of their respective appropriations or allocations, in accordance with approved memoranda of understanding or, for employees excluded from collective bargaining, in accordance with salary and benefit schedules established by the Department of Human Resources.

 
 3.

It is the intent of the Legislature that all proposed augmentations for increased employee compensation costs, including, but not limited to, base salary increases, pay increases to bring one group of employees into a pay equity position with another group of public employees, and recruitment and retention differentials, be budgeted and considered on a comprehensive, statewide basis. Therefore, the Legislature declares its intent to reject any proposed augmentations that are not included in Items 9800-001-0001, 9800-001-0494, and 9800-001-0988, given that these are the items where the funds to implement comprehensive statewide compensation policies, including those adopted pursuant to collective bargaining, are considered. This provision shall not apply to augmentations for increased employee compensation costs resulting from mandatory judicial orders to raise pay for any group of employees or augmentations for increased compensation costs, or approvals for departments to provide increased employee compensation levels, that are included in bills separate from the budget act.

 
 4.

This item contains funds estimated to be necessary to implement side letters, appendices, or other addenda to a memorandum of understanding (collectively referred to as “pending agreements”) that have been determined by the Joint Legislative Budget Committee to require legislative approval prior to their implementation, but which may not have been approved in separate legislation as of the date of the passage of this act. In the event that the Legislature does not approve separate legislation to authorize implementation of any of the pending agreements, the Director of Finance shall not allocate any funds related to those pending agreements pursuant to Provision 2, and the expenditure of funds for those pending agreements shall not be deemed to have been approved by the Legislature.

 
 5.

As of July 31, 2015, the unencumbered balances of the above appropriation shall revert to the General Fund.

 
 6.

The Director of Finance may adjust this item of appropriation to reflect the health benefit premium rates approved by the Board of Administration of the California Public Employees’ Retirement System for the 2015 calendar year. Within 30 days of making any adjustment pursuant to this provision, the Director of Finance shall report the adjustment in writing to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations.

 
 7.

By inclusion of this provision, for purposes of Sections 3517.5 and 3517.63 of the Government Code, the Legislature hereby ratifies the following agreements that require the expenditure of funds: (1) addendum concerning Aviation Consultants, dated November 22, 2013, to the Memorandum of Understanding (MOU) with State Bargaining Unit 1 (Service Employees International Union); (2) addendum concerning Recreational Therapists, dated March 4, 2014, to the MOU with State Bargaining Unit 19 (American Federation of State, County, and Municipal Employees); (3) the MOU dated May 5, 2014, with State Bargaining Unit 13 (International Union of Operating Engineers), including continuous appropriation of economic terms in the event that a budget act is not in place prior to July 1, 2016, such appropriation will be subsumed by the expenditure authority approved in the budget act for each affected department upon enactment of each applicable Budget Act; (4) addendum concerning Correctional Officers, dated May 9, 2014, to the MOU with State Bargaining Unit 6 (California Correctional Peace Officers Association); and (5) the MOU dated May 21, 2014, with State Bargaining Unit 10 (California Association of Professional Scientists), including continuous appropriation of economic terms in the event that a budget act is not in place prior to June 30, 2016, such appropriation will be subsumed by the expenditure authority approved in the budget act for each affected department upon enactment of each applicable budget act. The estimated costs to implement these agreements are included in this item or in departmental appropriations.

 
 8.By inclusion of this provision, for purposes of Sections 3517.5 and 3517.63 of the Government Code, the Legislature hereby ratifies the following agreement that requires the expenditure of funds: the addendum, dated September 3, 2014, to the MOU with State Bargaining Unit 19 (American Federation of State, County and Municipal Employees, Health and Social Services/Professional). 

 

SEC. 36.  

Section 39 of the Budget Act of 2014 (Chapter 25 of the Statutes of 2014) 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 1458, AB 1459, AB 1460, AB 1461, AB 1462, AB 1463, AB 1464, AB 1465, AB 1466, AB 1467, AB 1468, AB 1469, AB 1471, AB 1472, AB 1473, AB 1474, AB 1475, AB 1477, AB 1478, AB 1479, AB 1480, AB 1481, AB 1482, AB 1483, AB 1484, AB 1485, AB 1486, AB 1487, AB 1488, AB 1489, AB 1490, AB 1491, AB 1492, AB 1493, AB 1494, AB 1495, AB 1496, AB 1497, SB 853, SB 854, SB 855, SB 856, SB 857, SB 858, SB 859, SB 860, SB 861, SB 862, SB 863, SB 864, SB 866, SB 867, SB 868, SB 869, SB 870, SB 873, SB 874, SB 875, SB 876, SB 877, SB 878, SB 879, SB 880, SB 881, SB 882, SB 883, SB 884, SB 885, SB 886, SB 887, SB 888, SB 889, SB 890, and SB 891 of the 2013-14 Regular Session andbegin delete AB 92 and SB 76 end deletebegin insert SB 76 and AB 92 end insertof the 2015-16 Regular Session.

SEC. 37.  

This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.



O

    97