BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      SB 84


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          (Without Reference to File)





          SENATE THIRD READING


          SB  
          84 (Committee on Budget and Fiscal Review)


          As Amended  June 16, 2015


          Majority vote. Budget Bill Appropriation Takes Effect  
          Immediately


          SENATE VOTE:  Vote not relevant


          SUMMARY:  Makes necessary statutory and technical changes to  
          implement the Budget Act of 2015 related to the General  
          Government and Local Government provisions.  Specifically, this  
          bill:   


           1)Clarifies that Civil Code Section 3273 does not apply to  
            hospital emergency departments by amending the definition of  
            "public health and safety labor or services" in (j) (4) to  
            read "pre-hospital emergency medical services."
          2)Includes annual reporting of real property information for a  
            district agricultural association. 


          3)Makes technical amendments to update outdated cross-references  
            to the Victim Compensation Board.








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          4)Requires local entities collecting fees associated with the  
            Certified Access Specialist Program (CASP) to report their  
            activities associated with the administration of the program  
            to the Division of the State Architect.  The Division of the  
            State Architect would then be responsible for developing a  
            report identifying the total amount of fees collected by each  
            city, county, or city and county.


          5)Defines "Hazardous Material" based on federal law.


          6)Defines "Ownership" of a Hazardous Material.


          7)Authorizes the Director of the Office of Emergency Services to  
            establish a schedule of fees to be paid in association with  
            the transportation of Hazardous Materials, by rail car, within  
            California.


          8)Specifies how the Hazardous Material by rail fee shall be  
            imposed on loaded rail cars entering California and those  
            loaded in California.


          9)Clarifies federal reporting requirements for Hazardous  
            Material by rail fee revenues.


          10)Authorizes in-kind contributions in-lieu of the Hazardous  
            Material by rail fee. 


          11)Directs the Director of the Office of Emergency Services to  
            create an industry advisory committee to advise the Director  
            on setting the fee and any other policy matters related to the  








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            shipment of Hazardous Materials and associated accident  
            response.


          12)Specifies the industry advisory committee membership.


          13)Places limits on collection and expenditure of fee revenues,  
            as specified.


          14)Requires the Director of the Office of Emergency Services to  
            revisit, analyze and adjust the fee on Hazardous Materials as  
            necessary.


          15)Establishes the Human Trafficking Victims Assistance Fund to  
            support a grant program for community groups providing  
            comprehensive services to human trafficking victims.


          16)Requires the Department of General Services to notify the  
            chairpersons of the fiscal committees of the Legislature  
            within 30 days of the expiration of the initial 90-day  
            timeframe of surplus property, if no local agency or nonprofit  
            affordable housing sponsor informs the department of its  
            interest in acquiring the property within 90 days of the  
            department posting it on its Internet Web site.  


          17)Extends the expenditure authority for the 21st Century  
            Project by another year to June 30, 2016.


          18)Updates the oversight and internal control guidelines for  
            state agencies to reflect current practice on appropriate  
            levels and focus of internal controls.  This change  
            incorporates additional guidance provided by the Government  
            Accountability Office as set forth in the agency's Standards  








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            for Internal Control in the Federal Government, known as the  
            "Green Book."


          19)Allows an eligible bank that has been selected by the State  
            Treasurer for the safekeeping of funds, and has its  
            headquarters outside of California, to submit letters of  
            credit that are drawn on its regional federal home loan bank  
            as security for deposits in demand accounts.  Regarding  
            securities to be deposited as security, receipts for  
            securities, delivery of securities, or safekeeping of  
            securities, expands from the Federal Reserve Bank of San  
            Francisco to any federal reserve bank, the participation in  
            such activities.


          20)Requires the Department of Finance to convene a working group  
            with the Secretary of State and the Legislative Analyst's  
            Office to evaluate alternatives to funding election-related  
            mandates.  Additionally, requires the Department of Finance to  
            conduct a survey of county election officials after every  
            statewide general election to determine whether or not various  
            election mandates are being carried out.  


          21)Defines additional appointments.  


          22)Makes a technical clarification in Public Employees  
            Retirement Law related to service after retirement or  
            disability retirement.  


          23)Re-designates the Electronic Recording Authorization Account  
            in the Special Deposit fund as the Electronic Recording  
            Authorization Fund in the State Treasury. 


          24)Establishes a Statewide Director of Immigrant Integration to  








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            serve as the statewide lead for the planning and coordination  
            of immigrant service and policies in California.


          25)Authorizes the Housing and Community Development Department  
            to provide temporary assistance, under certain circumstances,  
            for persons moving out of a housing unit due to a lack of  
            potable water resulting from the state of emergency proclaimed  
            by the Governor relating to drought conditions.  The program  
            sunsets on June 30, 2017.  Also, makes Office of Migrant  
            Services housing centers available for rent by persons or  
            families rendered homeless or at risk of becoming homeless as  
            a result of the drought.


          26)Recognizes the existence of the California Residential  
            Mitigation Program (CRMP), a joint powers authority created by  
            an agreement in 2012 between the California Earthquake  
            Authority and the Office of Emergency Services. Requires that  
            the CRMP design and implement a grant program that will be  
            provided to qualifying homeowners to defray costs associated  
            with a seismic retrofit.  Expands the grant program to owners  
            of residential structures with up to 10 dwelling units.


          27)Requires the Division of Occupational Safety and Health to  
            prioritize the inspection of reports of accidents involving  
            death or serious injury and complaints that allege a serious  
            violation over investigations of complaints that allege a  
            non-serious complaint.


          28)Suspends the fee for annual inspection of conveyances on a  
            one-time basis for Fiscal Year 2015-16.  Authorizes the  
            Director of Industrial Relations, upon concurrence from the  
            Director of Finance, to suspend or reduce the fee on a  
            one-time basis in order to reduce the amount of moneys in the  
            Elevator Safety Account beginning in 2016-17.  









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          29)Includes a provision to allow the University of California  
            and the California State University to subcontract out funding  
            for precision medicine contained in the 2014 Budget without  
            using a competitive bidding process.


          30)Clarifies that certain traffic fines and fees assessed by the  
            Department of Motor Vehicles may be collected by the Franchise  
            Tax Board.


          31)Addresses certain aspects regarding the administration of the  
            Prepaid Mobile Telephony Service Surcharge (MTS).   
            Specifically, the proposal would:


             a)   De Minimis Amount.  Establishes that retailers with MTS  
               annual sales of less than $15,000 are not required to  
               collect the surcharge or local charge, and allows the  
               Department of Finance to adjust this threshold as  
               necessary.
             b)   General Fund Loan Authorization.  Allows for a loan from  
               the General Fund to address cash flow issues and specifies  
               that the loan is to be repaid in the same fiscal year, or  
               delayed until six months after the adoption of the budget  
               act in the subsequent fiscal year.


             c)   Technical Changes and Clarifications.  Specifies that  
               the accounts and funds for the deposit of the surcharge and  
               local charge revenues, clarifies dates regarding the  
               imposition of rates, and indicates the means by which  
               service suppliers are notified of rates.


          FISCAL EFFECT:  Statutory changes contained in this bill related  
          to state costs are consistent with the 2015-16 budget package.  









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          COMMENTS:  This trailer bill provides the necessary statutory  
          references to enact the 2015-16 budget related to the General  
          Government and Local Government provisions.   



          Analysis Prepared by:                                             
          Genevieve Morelos / BUDGET / (916) 319-2099  FN: 0001007