BILL ANALYSIS Ó
SB 836
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SENATE THIRD READING
SB
836 (Committee on Budget and Fiscal Review)
As Amended June 12, 2016
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
SENATE VOTE: Vote not relevant
SUMMARY: Contains necessary statutory and technical changes to
implement the Budget Act of 2016 related to General Government.
Specifically, this bill:
1)Authorizes the State Board of Optometry to, notwithstanding
any other law, issue a citation containing an order of
abatement, an order to pay an administrative fine not to
exceed $50,000, or both, as specified.
2)Authorizes the Governor to appoint a spectacle lens dispenser
or contact lens dispenser as a member for appointments made to
the Board of Optometry on or after January 1, 2016.
3)Transfers duties relating to government claims and government
accounts from the California Victim Compensation and
Government Claims Board to the Department of General Services
(DGS) and the Controller as specified.
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4)Authorizes DGS to assign any matter related to the statutory
powers and duties transferred by this bill to the Office of
Risk and Insurance Management or to any office so designated.
5)Aligns references to the California Victim Compensation and
Government Claims Board or the State Board of Control in the
Government Claims Act and other related provisions to instead
refer to the DGS and the Controller.
6)Renames the board the California Victim Compensation Board and
make conforming name changes in provisions related to the
board's duties regarding the compensation of victims and
derivative victims of crimes.
7)Increases from $25,000 to $100,000 the estimated cost
threshold for the requirement that DGS pass upon and approve
or reject all plans for construction or alteration of any
school building.
8)Increases the amounts in existing law, where the estimated
costs of the reconstruction or alteration of , or an addition
to, any school building exceeds $100,000, but does not exceed
$225,000, a licensed structural engineer would be required to
examine the proposed project as specified.
9)Authorizes DGS to increase the dollar amount on an annual
basis, commencing January 1, 2018, according to an
inflationary index governing construction costs.
10)Authorizes the Department of Finance (DOF) to allocate and
charge a fair share of the administrative costs to all funds
directly, and would require the DOF to certify to the
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Controller the amount determined to be the fair share of the
administrative costs due and payable from each fund.
11)Replaces the FI$Cal Service Center with the Department of
FI$Cal, with specified duties, and makes conforming changes.
12) Eliminates the FI$Cal Executive Partner and establish the
Director of FI$Cal, who would be appointed by, and serve at
the pleasure of the Governor, subject to Senate confirmation.
13)Extends the authorization of the 21st Century Project for one
year, until June 30, 2017.
14)Requires the 12 commissioners who are appointed by the
Governor to the California Travel and Tourism Commission, to
elect the chairperson and the 24-industry selected
commissioners to elect the vice chairperson.
15)Authorizes the Joint Rules Committee to pursue the
construction of a state capitol building annex or the
restoration, rehabilitation, renovation, or reconstruction of
the existing State Capitol Building Annex. Requires that the
work performed be administered and supervised by the DGS.
Provides a streamlined California Environmental Quality Act
process for the Capitol Annex.
16)Establishes the State Project Infrastructure Fund and
continuously appropriates the money in that fund for state
projects.
17)Subjects other state projects to the approval and
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administrative oversight of the Department of Finance and the
State Public Works Board. Requires the Department of Finance
on behalf of DGS to provide notices to the Joint Legislative
Budget Committee and requires DGS to submit on a quarterly
basis, a report on the status of each state project.
18)Requires only costs that have been audited by the Controller,
to be used for a reasonable reimbursement methodology that is
based on, in whole or in part, costs that have been included
in claims submitted to the Controller for reimbursement.
Includes a sunset of three years for the new process with a
review at year to the appropriate policy committees.
19)Requires the expenditure for administrative expenses of
moneys in the Public Employees' Health Care Fund or the
account for administrative expenses in the Public Employees'
Contingency Reserve Fund on approval in the annual Budget Act.
20)Changes the taxable years from January 1, 2015, and before
January 1, 2030, to January 1, 2016, and before January 1,
2031, with regard to the New Advanced Strategic Aircraft
Program.
21)Allows expenses that are paid for by the California Competes
Tax Credit Committee to be reviewed and evaluated by
Governor's Office of Business and Economic Development when
processing applications.
22)Requires that the notice to the agency of a filing under the
Private Attorneys General Act (PAGA) of 2004 be provided
online, accompanied by a reasonable filing fee not to exceed a
specified amount that would be deposited into the Labor and
Workforce Development Fund to cover the administrative costs
of processing the notice. For cases filed on or after July 1,
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2016, extends the timeframe for the agency to notify the
employer and employee that it does not intend to investigate
the alleged violation. Entitles an employee who prevails in
an action under these provisions to also recover his or her
filing fees, as well as the currently provided reasonable
attorneys' fees and costs.
23)Requires that a proposed PAGA settlement agreement to be also
sent to the Labor and Workforce Development Agency, as well as
the court, as required by existing law. Provides that the
court review and approve any penalties sought as a part of a
proposed settlement of a claim. Until July 2021, authorizes
the Agency to extend the time to complete its investigation by
60 days when the Agency determines an extension is necessary
and issues a notice.
24)Requires permit fees and certain other revenues that are
currently deposited into the Entertainment Work Permit Fund to
instead be deposited in the Labor Enforcement and Compliance
Fund. Abolishes the Entertainment Work Permit Fund and
transfer moneys in, and assets, liabilities, revenues,
expenditures, and encumbrances of, that fund to the Labor
Enforcement and Compliance Fund.
25)Requires the money not used from the Farmworker Remedial
Account by the Labor Commissioner to fund the Farm Labor
Contractor Enforcement Unit and the Farm Labor Contractor
License Verification Unit that currently is credited to the
General Fund to be paid instead into the Labor Enforcement and
Compliance Fund. Existing law requires farm labor contractors
to pay license fees to the commissioner and continuously
appropriates a portion of the fee revenues for enforcement and
verification purposes.
26)Requires all moneys collected for filing fees and licenses
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from talent agencies be credited to the Labor Enforcement and
Compliance Fund, and that fines collected for violations be
credited to the General Fund. Current law requires all funds
to be paid into the State Treasury and credited to the General
Fund.
27)Requires the filing fees for the Child Performer Services
Permit program to be deposited in the Labor Enforcement and
Compliance Fund, instead of the Child Performer Services
Permit Fund (permit fund) that exists under current law.
Abolishes the permit fund and transfer any moneys in the
permit fund and any assets, liabilities, revenues,
expenditures, and encumbrances of that fund to the Labor
Enforcement and Compliance Fund.
28)Extends the time required of the entity hauling or delivering
ready-mixed concrete to submit employee payroll records to the
party that engaged the entity from within three days to within
five days. Provides that these provisions do not apply to
public works contracts advertised for bid or awarded prior to
July 1, 2016.
29)Removes the specific amount in law of $250 for the
registration fee collected by the Labor Commissioner from car
washing and polishing industry employers and authorizes the
periodic adjustment of the fee, except as specified, in an
amount sufficient to fund all direct and indirect costs to
administer and enforce current labor law. Fixes the annual
fee for deposit in the Car Wash Worker Restitution Fund in an
amount equaling 20% of the registration fee.
30)Requires fee and permit moneys paid by a person employing an
industrial homeworker and a person doing industrial homework
to be paid into the Labor Enforcement and Compliance Fund.
Currently these moneys are paid into the State Treasury.
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31)Requires the Division of Occupational Safety and Health to
set the fees to be charged for permits and registrations for
specific types of construction, demolition, and work in mines
and tunnels, as well as for employers or contractors who
engage in certain asbestos-related work, in amounts reasonably
necessary to cover the costs involved in administering the
permitting and registration programs and requires all permit
and registration fees collected to be deposited in the
Occupational Safety and Health Fund.
32)Revises provisions related to the design, erection,
construction, installation, material alteration, inspection,
testing, maintenance, repair, service, and operation of
specific conveyances and their associated parts, and requires
the associated certification and licensing program fees to be
based on costs to the Division of Occupational Safety and
Health of administering those programs, including direct costs
and a reasonable percentage attributable to the indirect costs
of the Division for administering those provisions.
33)Removes the term "aerial" in provisions in current law
governing the permit and inspection program for aerial
passenger tramways and instead refers only to "passenger
tramways." Requires the Division of Occupational Safety and
Health to fix and collect fees for inspection of passenger
tramways to cover direct costs and a reasonable percentage
attributable to the indirect costs of the division for
administering those provisions. Removes the cap on the
processing fee and requires those fees to be deposited in the
Occupational Safety and Health Fund instead of the Elevator
Safety Account, and transfers specific moneys in the Elevator
Safety Account to the Occupational Safety and Health Fund,
together with any assets, liabilities, revenues, expenditures,
and encumbrances of that fund attributable to the program, the
portable amusement ride inspection program, and the Permanent
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Amusement Ride Safety Inspection Program.
34)Requires the Division of Occupational Safety and Health to
collect crane certifier fees, but newly requires all the fees
for the examination and licensing of crane certifiers to be
set to cover the costs of administering the examination and
licensing program, and authorizes the inclusion of direct
costs and a reasonable percentage attributable to the indirect
costs of the Division for administration. Requires that fees
be deposited in the Occupational Safety and Health Fund
instead of the Elevator Safety Account or the General Fund.
35)Removes an existing $15 cap on a permit processing fee, and
requires all fees relating to tanks, boilers, and pressure
vessels to be in amounts sufficient to cover the Division of
Occupational Safety and Health's direct and indirect costs for
administering these provisions. Expands the fees paid into
the Pressure Vessel Account to include all fees, not only
inspection fees, collected under those tank, boiler, and
pressure vessel provisions.
36)Requires the Division of Occupational Safety and Health to
set fees relating to amusement rides, initially by emergency
regulation, in amounts necessary to cover costs for
administering those provisions, and authorizes the inclusion
of direct costs and a reasonable percentage attributable to
the indirect costs of the Division for administration.
Requires that fees be deposited in the Occupational Safety and
Health Fund instead of the Elevator Safety Account and
requires the division to post the amusement ride safety report
on its Internet Web site instead of submitting it to the
Department of Food and Agriculture, and makes the inclusion of
route location information discretionary as part of that
report.
37)Requires the Division of Occupational Safety and Health to
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collect fees currently required to cover the Permanent
Amusement Ride Safety Inspector Program to include direct and
reasonable indirect costs for administration. Requires the
Division to impose a penalty equal to 100% of the initial fee
if a person owning or having custody, management, or operation
of a permanent amusement ride fails to pay any fee required
under the program within 60 days after the date of
notification by the division. Requires that fees be deposited
in the Occupational Safety and Health Fund instead of the
Elevator Safety Account.
38)Revises provisions related to licensing, licensure renewal,
and certification of tunnel and mine safety for explosive
blasters, gas testers, and safety representatives administered
by the Division of Occupational Safety and Health to require
the Division to set fees to include direct costs and a
reasonable percentage attributable to the indirect costs of
the Division for administration, and to deposit those fees in
the Occupational Safety and Health Fund instead of the General
Fund.
39)Requires that fees collected by the Division of Occupational
Safety and Health relating to the certification of asbestos
consultants and site surveillance technicians be deposited in
the Occupational Safety and Health Fund instead of the
Asbestos Training and Consultant Certification Fund.
Abolishes the Asbestos Training and Consultant Certification
Fund.
40)Exempts the Division of Occupational Safety and Health from
the requirement to conduct an operational inspection of a
permanent amusement ride in conjunction with an inspection of
records if a qualified safety inspector employed by the
Division has already inspected the operation of the ride in
connection with the execution of the current annual
certificate of compliance.
41)Requires the Director of the Employment Development
Department to permit the use of information in his or her
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possession to enable the California Workforce Development
Board, the Chancellor of the California Community Colleges,
the Superintendent of Public Instruction, the Department of
Rehabilitation, the State Department of Social Services, the
Bureau for Private Postsecondary Education, the Department of
Industrial Relations, Division of Apprenticeship Standards,
and the Employment Training Panel to access any relevant
quarterly wage data necessary for the evaluation and reporting
of their respective program performance outcomes.
42)Authorize the State Department of Education to share the
social security numbers of adults participating in adult
education programs with the Employment Development Department,
and requires the Employment Development Department to keep the
information confidential and only use it to track the labor
market progress of program participants, as specified.
FISCAL EFFECT: Transfers $1.3 billion from the General Fund to
the State Project Infrastructure Fund over two years.
COMMENTS: This bill contains necessary statutory and technical
changes to implement the Budget Act of 2016 related to General
Government.
Analysis Prepared by:
Jazmin Hicks, Nicole Vazquez, Genevieve Morelos
/ BUDGET / (916) 319-2099 FN:
0003432
SB 836
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