BILL NUMBER: AB 1571 CHAPTERED
BILL TEXT
CHAPTER 928
FILED WITH SECRETARY OF STATE OCTOBER 12, 1997
PASSED THE SENATE SEPTEMBER 13, 1997
PASSED THE ASSEMBLY SEPTEMBER 13, 1997
AMENDED IN SENATE SEPTEMBER 13, 1997
AMENDED IN SENATE SEPTEMBER 11, 1997
AMENDED IN ASSEMBLY MAY 20, 1997
INTRODUCED BY Assembly Member Ducheny
(Principal coauthor: Senator Thompson)
MARCH 17, 1997
An act to amend and supplement the Budget Act of 1997 (Chapter 282
of the Statutes of 1997), relating to state government, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
(Approved by Governor October 12, 1997. Filed with
Secretary of State October 12, 1997.)
To the Members of the California Assembly:
Assembly Bill No. 1571 makes various appropriations for a number
of governmental programs which would amend the Budget Act of 1997.
I am signing Assembly Bill No. 1571, however, I am reducing the
appropriations made to various sections by a total of $38,987,000.
The specific reductions are as follows:
SECTION 7 and Section 8 (b) Renovation of the Solano County
Courthouse
I am deleting Section 7 and subdivision (b) of Section 8 of this
bill.
I am deleting the $50,000 legislative augmentation from the
General Fund for the renovation of the Solano County Courthouse.
Under current law, and the trial court funding restructuring
proposal, court facility costs remain the responsibility of the
county.
SECTION 10 Verdugo Hills of Peace Cemetery
I am deleting Section 10 of this bill.
Section 10 would appropriate $1,510,000 from the General Fund to
the Department of Consumer Affairs for allocation to the City of Los
Angeles when the city assumes receivership of the Verdugo Hills of
Peace Cemetery and conservatorship of the cemetery's endowment care
fund. This appropriation would set an undesirable precedent by using
General Fund moneys to address the financial problems of local
cemeteries.
SECTION 12 House Migrant Farmworkers
I am deleting Section 12 of this bill which would have
appropriated $2,500,000 from the General Fund for migrant farm
workers.
I am deleting this section because this project is lower on the
priority listing for funding than other projects. In addition, to
fund it with state funds now would be to forego federal funding that
is expected to be allocated by the Rural Development Agency within
the next few years.
SECTION 13 Funding for Commercial Space Projects
I am reducing this Section from $3,531,000 to $3,271,000 by
reducing:
(b) Manufacturing Technology Program from $2,000,000 to
$1,740,000.
I am reducing the General Fund legislative augmentation to the
Manufacturing Technology Program to $1,740,000, which, together with
the $5,000,000 I have already approved in the Budget Act of 1997,
will be sufficient to maximize available federal matching funds while
continuing to require local matching efforts.
SECTION 15 Job Creation Investment Fund
I am deleting Section 15 of this bill.
I am deleting the $5,000,000 General Fund transfer to the Job
Creation Investment Fund and the subsequent appropriation from this
fund. I believe this new program, which provides planning grants to
counties for their economic development programs, is adequately
funded by the $5,000,000 in the Budget Act of 1997. Future funding
for this program will be evaluated during the budget process, as more
becomes known about what local governments propose to do and how the
state can support economic development efforts which appear most
promising.
SECTION 17 Soil Survey in Humboldt and Del Norte Counties
I am deleting Section 17 of this bill.
I am deleting the $95,000 legislative augmentation from the
Natural Resources Infrastructure Fund to fund a grant to the Humboldt
County Resource Conservation District to conduct a soil survey in
Humboldt and Del Norte Counties. This augmentation has not been
analyzed and prioritized for funding with other worthwhile programs.
SECTION 18 Red Mountain Fire Lookout
I am deleting Section 18 of this bill.
I am deleting the $32,000 legislative augmentation from the
Natural Resources Infrastructure Fund to provide permanent funding
for the Red Mountain Fire Lookout. After extensive evaluation, it
has been determined that fire lookouts are no longer critical to
firefighting efforts as they have become a secondary notification
source due to increased populations moving into wildland areas and
modern technology, such as cellular telephones. Consequently, it is
not an efficient use of the Department of Forestry and Fire
Protection's firefighting resources to staff these lookouts. This
action is consistent with my previous veto of this augmentation in
the Budget Act of 1997.
SECTION 19 Natural Resources Infrastructure Fund
I am deleting Section 19 of this bill.
I am deleting the $260,000 legislative augmentation from the
Natural Resources Infrastructure Fund for the following projects:
(a) $100,000 for support of recreational opportunities for anglers
within the northern portion of Region 3. This project should be
analyzed and prioritized for funding along with other worthwhile
projects. In addition, it is unclear if this project qualifies as an
appropriate use of the Natural Resources Infrastructure Fund. This
action is consistent with my previous veto of this augmentation in
the Budget Act of 1997.
(b) $160,000 for management and maintenance costs of the South
Spit of Humboldt Bay. The State does not have jurisdiction over this
property and, therefore, management and maintenance activities
should be handled by local government. In addition, it is unclear if
this project qualifies as an appropriate use of the Natural
Resources Infrastructure Fund. This action is consistent with my
previous veto of this augmentation in the Budget Act of 1997.
SECTION 20 Natural Resources Infrastructure Fund
I am reducing this Section from $1,600,000 to $600,000 by
deleting:
(b) $1,000,000 appropriation to the Wildlife Conservation Board
from the Natural Resources Infrastructure Fund for the acquisition of
the Mattole River Headwaters. This acquisition has not been
analyzed and prioritized for funding along with other worthwhile
projects.
SECTION 24 1996 Safe, Clean, Reliable Water Supply Fund
I am deleting Section 24 of this bill.
I am deleting the $1,000,000 legislative augmentation for the
Guadalupe River Parkway project from the River Parkway Subaccount of
the 1996 Safe, Clean, Reliable Water Supply Fund (Proposition 204),
consistent with my earlier vetoes in the Budget Act of 1997. Its
priority has not been evaluated relative to other river parkway
projects throughout the State.
SECTION 25 Apportionment of Local Grants
I am deleting Section 25 of this bill.
I am deleting the $1,000,000 legislative augmentation from the
General Fund by deleting:
(a) City and County of San Francisco: Esprit Park Acquisition
($500,000)
(b) City of San Jose: Mexican Heritage Corporation and Plaza
project ($500,000)
These projects have not been analyzed and prioritized for funding
with other worthwhile programs.
SECTION 27 City of El Monte
I am reducing this Section from $500,000 to $250,000 by deleting:
(b) City of El Monte: Teen Center ($250,000)
I am deleting the $250,000 legislative augmentation from the
Public Resources Account because this project is not of sufficiently
high priority to justify the use of limited state resources.
SECTION 28 Glendale Memorial Park
I am reducing this Section from $750,000 to $500,000 by deleting:
(2) City of Glendale: Glendale Memorial Park ($250,000)
I am deleting the $250,000 legislative augmentation from the
Natural Resources Infrastructure Fund because this project is not of
sufficiently high priority to justify the use of limited state
resources. Further, no information was provided to substantiate the
need for funding this project. This action is consistent with my
previous veto of this augmentation in the Budget Act of 1997.
SECTION 33 Nonpoint Source Abatement Grants
I am deleting Section 33 of this bill.
I am deleting the $600,000 legislative augmentation from the
General Fund to implement coastal nonpoint source abatement grants.
In determining the program activities best suited to meet its program
mission, the department has determined that it gets more results
from every dollar spent on its existing programs than it would
receive on dollars spent on a grant program. For this reason the
$7,000,000 currently contained in the budget to implement nonpoint
source abatement activities does not contain a grant component and I
believe it would not be prudent to introduce such a program at this
time.
SECTION 34 Water Quality Monitoring Activities
I am deleting Section 34 of this bill.
I am deleting the $420,000 legislative augmentation from the
California Environmental License Plate Fund to fund an inventory of
existing water quality monitoring activities in coastal watersheds
and the preparation of a report identifying the development of a
comprehensive coastal monitoring program. Funding for this activity
is already provided in AB 1581, which I recently signed.
SECTION 37 Cleanup of Residual Waste Oil
I am deleting Section 37 of this bill.
This provision would appropriate $250,000 from the General Fund to
the Department of Toxic Substances Control (DTSC) to fund the
cleanup of residual waste oil underneath properties in the town of
Nipomo.
DTSC is in the process of completing a site investigation, in
conjunction with the US EPA, to determine the extent of the
contamination, the potential risk posed to the residents of that
area, and a search for the parties potentially responsible for the
contamination. Until those issues have been resolved, it would be
premature to commit additional state money to fund any costs
associated with the cleanup of this particular site.
SECTION 38 Battered Women's Shelters
I am deleting Section 38 of this bill.
I am deleting the $325,000 legislative augmentation of the General
Fund for a specific battered women's shelter in Turlock. The 1997
Budget Act contains $14,000,000 for shelters including a $2,000,000
General Fund augmentation to expand shelter services. Each site has
an opportunity to submit a request to the State for funding through
the Request for Application selection process. This process provides
funding for 116 shelters statewide. In light of this competitive
process, it would be inappropriate to provide an appropriation to a
specific shelter.
SECTION 39 Department of Community Services
I am deleting Section 39 of this bill.
I am deleting the $3,000,000 legislative augmentation from the
General Fund to the Department of Community Services and Development
to provide citizenship services to legal immigrants. The Budget
contains $12,600,000 in federal adult education funds appropriated to
the California Department of Education for this purpose, an
approximate $5,000,000 increase over the prior year. These funds, in
addition to the approximately $19,000,000 in Proposition 98 funds
spent annually by school districts for citizenship classes should
meet the needs for naturalization assistance an
LEGISLATIVE COUNSEL'S DIGEST
AB 1571, Ducheny. Budget Act of 1997: augmentations.
Existing law, as set forth in the Budget Act of 1997, makes
various appropriations for support of state government for the
1997-98 fiscal year.
In augmentation of the Budget Act of 1997, this bill would
appropriate $662,488,000 for trial court funding, subject to the
enactment of legislation that substantially restructures trial court
funding, as specified. The bill would also revert the appropriations
made by that act for trial court funding.
In addition, this bill would appropriate $93,282,000 for purposes
including trial court funding, commercial space development, public
resources, flood prevention, citizenship education, social services,
public elementary and secondary education, public postsecondary
education, and workers' compensation information.
The bill would declare that it is to take effect immediately as an
urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The appropriations made by this act are in augmentation
of the appropriations made in Section 2.00 of the Budget Act of 1997
(Ch. 282, Stats. 1997), and are subject to the provisions of that
act, as appropriate, including, as applicable, the provisions of that
act that apply to the items of appropriation that are augmented by
this act. The references in this act to item numbers refer to items
of appropriation in Section 2.00 of the Budget Act of 1997.
SEC. 2. The sum of five hundred thousand dollars ($500,000) is
hereby appropriated from the General Fund to the Legislative Counsel
Bureau, in augmentation of the appropriation made in Item
0160-001-0001, to fund century change information technology
activities.
SEC. 3. (a) The sum of three million five hundred thousand dollars
($3,500,000) is hereby appropriated from the General Fund to the
Judicial Council, in augmentation of the appropriation made in Item
0250-001-0001, for apportionment as follows:
(1) One million five hundred thousand dollars ($1,500,000) to fund
an increase in the hourly rate of reimbursement for court-appointed
counsel in capital cases.
(2) Two million dollars ($2,000,000) for the support of the
California Habeas Resource Center, which shall be made available only
upon the enactment of legislation in the 1997-98 Regular Session
establishing that center.
(b) Any of the funds appropriated in subdivision (a) not expended
for the purpose set forth in subdivision (a) shall revert to the
General Fund on June 30, 1998.
SEC. 4. The funds appropriated by Item 0450-101-0932 hereby revert
to the Trial Court Trust Fund, and are not available for expenditure
for the 1997-98 fiscal year as specified by that item.
SEC. 5. The funds transferred to the Trial Court Trust Fund by
Item 0450-111-0001 hereby revert to the General Fund.
SEC. 6. (a) The sum of five hundred six million four hundred
eighty-eight thousand dollars ($506,488,000) is hereby appropriated
from the General Fund, and the sum of one hundred fifty-six million
dollars ($156,000,000) is hereby appropriated from the Trial Court
Trust Fund, for apportionment pursuant to this section for the
purposes of Chapter 13 (commencing with Section 77000) of Title 8 of
the Government Code in lieu of the appropriations made pursuant to
Items 0450-101-0932 and 0450-111-0001.
(b) The moneys appropriated by subdivision (a) shall be
apportioned as follows:
(1) Five hundred fifty-one million seven hundred eighty-six
thousand dollars ($551,786,000) for operation of the trial courts, to
be allocated and reallocated by the Trial Court Budget Commission,
subject to the approval of the Judicial Council. The funds
apportioned under this paragraph shall be available for new judge
orientation programs pursuant to policies approved by the Judicial
Council; the Judicial Council shall be reimbursed for expenditures
made for that purpose from that apportionment. All moneys deposited
in the Trial Court Trust Fund in the 1997-98 fiscal year in excess of
the amount appropriated from that fund pursuant to subdivision (a)
are hereby appropriated for allocation to the trial courts in
augmentation of the apportionment required by this paragraph.
(2) Ninety-two million two hundred seventy-eight thousand dollars
($92,278,000) for the compensation of trial court judges. The funds
apportioned under this paragraph shall be available for the payment
of workers' compensation claims for trial court judges.
(3) Eighteen million four hundred twenty-four thousand dollars
($18,424,000) for assigned judges. The funds apportioned under this
paragraph shall be available for all judicial assignments. The
expenditure of these funds for necessary chambers may not exceed the
staffing level that is necessary to support the equivalent of three
judicial officers sitting on assignments at the appellate court
level. The Director of Finance may augment the amount appropriated
by this section from the General Fund for apportionment under this
paragraph by up to one million one hundred seventy-four thousand
dollars ($1,174,000) if the Judicial Council provides the Department
of Finance with monthly expenditure data that support that
augmentation; within 10 days of any augmentation, the director shall
provide notification thereof to the Chairperson of the Joint
Legislative Budget Committee and the chairpersons of the fiscal
committees of both houses of the Legislature.
(c) Notwithstanding Section 26.00 of the Budget Act of 1997 (Ch.
282, Stats. 1997), the Judicial Council may reallocate the funds
appropriated by this section among the apportionment purposes
identified herein; however, the council shall report any
reallocation, within 30 days, to the Joint Legislative Budget
Committee, the fiscal committees of both houses of the Legislature,
and the Director of Finance.
(d) The Judicial Council shall establish performance criteria as
prescribed by Section 68502.5 of the Government Code and the
California Rules of Court. The council's approval under this section
of the budget and allocation schedule recommended by the Trial Court
Budget Commission shall be based on these criteria.
(e) The Judicial Council shall implement allocation criteria that
include incentives for courts to implement court efficiency measures
and control costs. The council shall inform the Legislature by
October 1, 1997, as to how it has incorporated those incentives into
the allocation criteria.
SEC. 7. The sum of fifty thousand dollars ($50,000) is hereby
appropriated from the General Fund for local assistance, State Trial
Court Funding, to be apportioned for the renovation of the Solano
County Courthouse in Fairfield.
SEC. 8. (a) Sections 4 to 7, inclusive, of this act shall become
operative only if, as determined by the Director of Finance,
legislation is not enacted in the 1997-98 Regular Session that would
substantially restructure trial court funding. If, and only if, the
Director of Finance instead determines that legislation is enacted in
that session that would substantially restructure trial court
funding, those sections shall not become operative and subdivision
(b) of this section shall instead become operative.
(b) The sum of fifty thousand dollars ($50,000) is hereby
transferred from the General Fund to the Trial Court Trust Fund, for
payment to Item 0450-101-0932 in augmentation of the transfer made in
Item 0450-111-0001, and is appropriated, in augmentation of the
appropriation made in Item 0450-101-0932, for local assistance, State
Trial Court Funding, to be apportioned for the renovation of the
Solano County Courthouse in Fairfield.
SEC. 9. The sum of four hundred eighty-one thousand dollars
($481,000) is hereby appropriated from the General Fund to the Office
of Emergency Services, in augmentation of the appropriation made in
Item 0690-001-0001, to fund the establishment of a centralized
training facility for the urban search and rescue team.
SEC. 10. The sum of one million five hundred ten thousand dollars
($1,510,000) is hereby appropriated from the General Fund to the
Department of Consumer Affairs, in augmentation of the appropriations
made in the Budget Act of 1997 (Ch. 282, Stats. 1997), to be
allocated to the City of Los Angeles when the Department of Consumer
Affairs and the City of Los Angeles enter into an agreement whereby
the city assumes receivership of the Verdugo Hills of Peace Cemetery
and conservatorship of the cemetery's endowment care fund. These
funds are available for transfer to the city only if the agreement
that accomplishes this goal is executed on or before March 15, 1998.
If the agreement is not executed on or before March 15, 1998, the
funds appropriated by this item shall revert to the General Fund.
SEC. 11. The sum of eighty-eight thousand dollars ($88,000) is
hereby appropriated from the Earthquake Safety and Public Building
Rehabilitation Fund of 1990 to the Department of General Services, in
augmentation of the appropriation in Item 1760-301-0768, for working
drawings for the demolition of the Sacramento Legislative Office
Building Annex.
SEC. 12. The sum of two million five hundred thousand dollars
($2,500,000) is hereby appropriated from the General Fund to the
Department of Housing and Community Development, in augmentation of
the appropriation made in Item 2240-101-0001, to fund the
construction, through the Office of Migrant Services, of housing
units for migrant farm worker families at the San Joaquin Migrant
Center to replace the 78 units demolished by the state in 1992 due to
health and safety concerns.
SEC. 13. The sum of three million five hundred thirty-one thousand
dollars ($3,531,000) is hereby appropriated from the General Fund to
the California Trade and Commerce Agency, in augmentation of the
appropriation made in Item 2920-001-0001, for apportionment as
follows:
(a) One million four hundred thousand dollars ($1,400,000) to
promote commercial space development activities, as follows:
(1) One million dollars ($1,000,000) to be disbursed in
competitive grants to entities developing commercial space
applications; of that amount, 50 percent shall be allocated to fund
grant applications selected and recommended by the Western Commercial
Space Center and 50 percent shall be allocated to fund grant
applications selected and recommended by the California Space and
Technology Alliance. Requests for proposals shall be promulgated by
the Western Commercial Space Center and the California Space and
Technology Alliance, which shall then select successful grant
applications and forward recommendations to the California Trade and
Commerce Agency. Where possible, grant applicants shall demonstrate
the commitment of matching funds and other support from public and
private sources.
(2) Two hundred thousand dollars ($200,000) shall be allocated to
the Western Commercial Space Center, and two hundred thousand dollars
($200,000) shall be allocated to the California Space and Technology
Alliance, to administer and promote commercial space development
activities.
(b) Two million dollars ($2,000,000) to be allocated to the
Manufacturing Technology Program.
(c) One hundred thirty-one thousand dollars ($131,000) to
establish and fund one staff services analyst position and one office
assistant position, and to fund related support, for the California
Film Commission.
SEC. 14. The sum of six hundred twenty-five thousand dollars
($625,000) is hereby appropriated from the General Fund to the
California Trade and Commerce Agency, in augmentation of the
appropriation made in Item 2920-101-0001, for apportionment as
follows:
(a) Five hundred thousand dollars ($500,000) to fund
infrastructure development related to the construction of warehouse
facilities for retail sales, including, but not limited to, site
preparation and development, engineering, architectural services,
utility installation, and transportation access.
(b) One hundred twenty-five thousand dollars ($125,000) for
allocation to the California Council on Science and Technology to
fund the study described in Provision 3 of that item as set forth in
the conference report for Assembly Bill 107 of the 1997-98 Regular
Session as adopted August 11, 1997, except that the data-gathering
effort of the council shall be completed not later than November 15,
1997.
SEC. 15. (a) The Controller shall transfer the sum of five million
dollars ($5,000,000) from the General Fund to the Job Creation
Investment Fund, in augmentation of the transfer made in Item
2920-112-0001.
(b) The sum of five million dollars ($5,000,000) is hereby
appropriated from the Job Creation Investment Fund to the California
Trade and Commerce Agency for local assistance, in augmentation of
the appropriation made in Item 2920-112-0393.
SEC. 16. The sum of one hundred twenty thousand dollars ($120,000)
is hereby appropriated from the General Fund to the Department of
Conservation, in augmentation of the appropriations made in the
Budget Act of 1997 (Ch. 282, Stats. 1997), for apportionment to
resource conservation districts.
SEC. 17. The sum of ninety-five thousand dollars ($95,000) is
hereby appropriated from the Natural Resources Infrastructure Fund to
the Department of Conservation, in augmentation of the
appropriations made by the Budget Act of 1997 (Ch. 282, Stats. 1997),
to fund a grant to the Humboldt County Resource Conservation
District to conduct a soil survey in Humboldt and Del Norte Counties.
SEC. 18. The sum of thirty-two thousand dollars ($32,000) is
hereby appropriated from the Natural Resources Infrastructure Fund to
the Department of Forestry and Fire Protection, in augmentation of
the appropriations made in the Budget Act of 1997 (Stats. 282, Stats.
1997), to fund the Red Mountain Fire Lookout.
SEC. 19. The sum of two hundred sixty thousand dollars ($260,000)
is hereby appropriated from the Natural Resources Infrastructure Fund
to the Department of Fish and Game, in augmentation of the
appropriation made in Item 3600-001-0383, for apportionment as
follows:
(a) One hundred thousand dollars ($100,000) for personnel and
program costs associated with activities to increase recreational
opportunities for anglers within the northern portion of Region 3
(Santa Cruz County to Mendocino County, including all Bay Area and
Northern Bay Area counties), with an emphasis on Clear Lake and other
lakes and reservoirs that are accessible from major urban population
centers.
(b) One hundred sixty thousand dollars ($160,000) for the
management and maintenance of the South Spit of Humboldt Bay,
consistent with Chapter 1022 of the Statutes of 1996.
SEC. 20. The sum of one million six hundred thousand dollars
($1,600,000) is hereby appropriated from the Natural Resources
Infrastructure Fund to the Wildlife Conservation Board, in
augmentation of the appropriations made by the Budget Act of 1997
(Ch. 282, Stats. 1997), apportionment as follows:
(a) Six hundred thousand dollars ($600,000) for the acquisition of
wildlife habitat at Rancho Jamul (Daley Ranch) in San Diego County.
(b) One million dollars ($1,000,000) for the Mattole River
Headwaters acquisition.
SEC. 21. The sum of one million five hundred thousand dollars
($1,500,000) is hereby appropriated from the River Parkway Subaccount
of the Safe, Clean, Reliable Water Supply Fund to the Wildlife
Conservation Board, in augmentation of the appropriation made in Item
3640-301-0545, for the acquisition and restoration of riparian and
associated habitat areas along the Sacramento River and its
tributaries, with the highest priority accorded to the acquisition of
land along the South Fork of the American River.
SEC. 22. The sum of seven hundred thousand dollars ($700,000) is
hereby appropriated from the Renewable Resources Investment Fund to
the Department of Boating and Waterways, in augmentation of the
appropriation made in Item 3680-101-0940, to fund a grant to the San
Diego Association of Governments to pay costs associated with the
United States Navy Aircraft Carrier Homeporting Beach Nourishment
Project in the San Diego Harbor.
SEC. 23. The sum of one million dollars ($1,000,000) is hereby
appropriated from the General Fund to the State Coastal Conservancy,
in augmentation of the appropriations made in the Budget Act of 1997
(Ch. 282, Stats. 1997), for the purpose of acquiring property or
assets to protect or use the Coast Dairies property on the Santa Cruz
coast. The funds appropriated by this section are available only if
the conservancy determines, by formal action, that sufficient
additional funds have been raised from other sources that it is
feasible to complete the project funded by this section.
SEC. 24. The sum of one million dollars ($1,000,000) is hereby
appropriated from the River Parkway Subaccount of the Safe, Clean,
Reliable Water Supply Fund to the State Coastal Conservancy, in
augmentation of the appropriation made in Item 3760-301-0545, to fund
a river parkway program for the Guadalupe River.
SEC. 25. The sum of one million dollars ($1,000,000) is hereby
appropriated from the General Fund to the Department of Parks and
Recreation, in augmentation of the appropriations made in the Budget
Act of 1997 (Ch. 282, Stats. 1997), to be available for expenditure
during the 1997-98, 1998-99, and 1999-2000 fiscal years, for
apportionment for local grants as follows:
(a) Five hundred thousand dollars ($500,000) to the City and
County of San Francisco for the Esprit Park acquisition.
(b) Five hundred thousand dollars ($500,000) to the City of San
Jose for the Mexican Heritage Corporation and Plaza project.
SEC. 26. The sum of two hundred fifty thousand dollars ($250,000)
is hereby appropriated from the Environmental License Plate Fund to
the Department of Parks and Recreation, in augmentation of the
appropriation made in Item 3790-101-0140, for apportionment as a
local grant to the City of Canada-Flintridge for the acquisition of
lands in Cherry Canyon. This appropriation is contingent upon the
availability of seven hundred fifty thousand dollars ($750,000) in
matching funds, from public or private sources, for this acquisition
purpose.
SEC. 27. The sum of five hundred thousand dollars ($500,000) is
hereby appropriated from the Public Resources Account of the
Cigarette and Tobacco Products Surtax Fund to the Department of Parks
and Recreation, in augmentation of the appropriation made in Item
3790-101-0235, to be available for expenditure during the 1997-98,
1998-99, and 1999-2000 fiscal years, for apportionment as follows:
(a) Two hundred fifty thousand dollars ($250,000) as a local grant
to the City of Bellflower for the acquisition of lands along the
West Branch Greenway Trail.
(b) Two hundred fifty thousand dollars ($250,000) to the City of
El Monte for a teen center.
SEC. 28. (a) The sum of seven hundred fifty thousand dollars
($750,000) is hereby appropriated from the Natural Resources
Infrastructure Fund to the Department of Parks and Recreation, in
augmentation of the appropriation made in Item 3790-101-0383, to be
available for expenditure during the 1997-98, 1998-99, and 1999-2000
fiscal years, for apportionment as follows:
(1) Five hundred thousand dollars ($500,000) as a local grant to
the City of Los Angeles for the Japanese-American National Museum.
(2) Two hundred fifty thousand dollars ($250,000) as a local grant
to the City of Glendale for the Glendale Memorial Park.
(b) Of the amount appropriated for apportionment to the City of
Fresno for the Southeast Regional Park pursuant to Schedule (1)(a) of
Item 3790-101-0383, the sum of one hundred thousand dollars
($100,000) is reappropriated to the Department of Parks and
Recreation for apportionment to the County of Fresno for the Avocado,
Laton, and Kearny Parks.
SEC. 29. The sum of one hundred fifty thousand dollars ($150,000)
is hereby appropriated from the California Environmental License
Plate Fund to the Department of Parks and Recreation, in augmentation
of the appropriation made in Item 3790-301-0140, for the acquisition
of small parcels adjacent to Tomales Bay State Park at Millerton
Point.
SEC. 30. The sum of seven million five hundred eighteen thousand
dollars ($7,518,000) is hereby appropriated from the General Fund to
the Department of Water Resources, in augmentation of the
appropriation made in Item 3860-001-0001, for expenditure as follows:
(a) One million four hundred thousand dollars ($1,400,000) to fund
the work of the Reclamation Board with the United States Army Corps
of Engineers, pursuant to federal Public Law 83-99, to repair 1997
flood damage to 74 locations among the Sacramento, Yuba, Bear,
Feather, Calaveras, San Joaquin, Old, Tuolumne, and Fresno Rivers,
and the Deer, Elder, Honcut, Cache, Bear, and Owens Creeks.
(b) Seven hundred three thousand dollars ($703,000) to fund flood
forecasting, watershed model development, hydrologic data station
maintenance, reservoir data exchange, and computer network system
support.
(c) Five million four hundred fifteen thousand dollars
($5,415,000) to fund costs associated with the planning and advance
deployment of personnel, materials, and facilities to prepare to
respond to forecasted high water events and flooding in the
Sacramento River and San Joaquin River systems and elsewhere in the
state, including coastal areas, resulting from El Nino, and to avoid
or minimize damage to persons and property due to the forecasted high
water events and flooding.
SEC. 31. (a) The sum of two million five hundred thousand dollars
($2,500,000) is hereby transferred from the General Fund to the Rice
Straw Demonstration Project Fund to fund apportionments by the State
Air Resources Board, pursuant to Item 3900-001-0489, for research,
development, or demonstration projects on alternative uses of rice
straw. Notwithstanding any other provision of law, the amount to be
deposited or transferred by the Director of Finance into the Rice
Straw Demonstration Project Fund pursuant to Provision 1 of Item
3900-001-0489 is hereby reduced by the amount transferred pursuant to
this subdivision.
(b) Notwithstanding any other provision of law, the amount
appropriated pursuant to Item 3900-001-0489 is hereby reduced by the
total amount that state agencies other than the State Air Resources
Board expend during the 1997-98 fiscal year, as determined by the
Director of Finance, for research, development, or demonstration
projects on alternative uses of rice straw.
SEC. 32. The sum of three million dollars ($3,000,000) is hereby
appropriated from the Air Pollution Control Fund to the State Air
Resources Board, in augmentation of the appropriation made in Item
3900-001-0115, to fund stationary source air pollution control
activities.
SEC. 33. The sum of six hundred thousand dollars ($600,000) is
hereby appropriated from the General Fund to the State Water
Resources Control Board, in augmentation of the appropriation made in
Item 3940-001-0001, to fund the nonpoint source abatement grants
pursuant to Provision 2 of that item as set forth in the conference
report for Assembly Bill 107 of the 1997-98 Regular Session as
adopted August 11, 1997.
SEC. 34. The sum of four hundred twenty thousand dollars
($420,000) is hereby appropriated from the California Environmental
License Plate Fund to the State Water Resources Control Board to fund
the preparation of both an inventory of existing water quality
monitoring activities within state coastal watersheds, bays,
estuaries, and coastal waters, and a report that proposes the
implementation of a comprehensive program to monitor the quality of
the state coastal watersheds, bays, estuaries, and coastal waters.
SEC. 35. The sum of one hundred seventy-five thousand dollars
($175,000) is hereby appropriated from the Underground Storage Tank
Cleanup Fund to the State Water Resources Control Board, in
augmentation of the appropriation made in Item 3940-001-0439, for
allocation to the Spring Valley Lake Association for expenses
incurred for the cleanup of an underground storage tank.
SEC. 36. The sum of two hundred eighty thousand dollars ($280,000)
is hereby appropriated from the Natural Resources Infrastructure
Fund to the State Water Resources Control Board, in augmentation of
the appropriations made in the Budget Act of 1997 (Ch. 282, Stats.
1997), to reimburse the Yucaipa Valley Water District for disputed
audit repayments. The funds appropriated by this section shall be
available only upon the district's exhaustion of all available
administrative remedies to obtain reimbursement.
SEC. 37. The sum of two hundred fifty thousand dollars ($250,000)
is hereby appropriated from the General Fund to the Department of
Toxic Substances Control, in augmentation of the appropriation made
in Item 3960-001-0001, to fund the cleanup of residual waste oil
underneath properties in the town of Nipomo.
SEC. 38. The sum of three hundred twenty-five thousand dollars
($325,000) is hereby appropriated from the General Fund to the State
Department of Health Services, in augmentation of the appropriation
made in Item 4260-111-0001, to fund services to battered women with
children through the Ella Johnson Memorial Center in Turlock.
SEC. 38.5. The sum of one million four hundred forty thousand
dollars ($1,440,000) is hereby appropriated from the General Fund to
the State Department of Developmental Services (hereafter the
"department"), in augmentation of the appropriations made in the
Budget Act of 1997 (Ch. 282, Stats. 1997), to be used as follows:
(a) (1) One million three hundred ninety thousand dollars
($1,390,000) to fund preliminary plans, working drawings, and
construction of needed improvements at Porterville Developmental
Center. In order to implement this subdivision, the department and
the Department of General Services may enter into a sole-source
contract with an architectural engineering consultant, in accordance
with Section 1330 of Title 21 of the California Code of Regulations.
In order to expedite the design associated with the construction of
security improvements for the forensic population, the department and
the Department of General Services may, in implementing this
subdivision, use emergency contract procedures for the construction
phase, in accordance with Section 3.1 of the State Administrative
Manual and Section 1102 of the Public Contract Code, and may expedite
the capital outlay process, as defined in Section 6700 of the State
Administrative Manual. In addition, the department may enter into
interagency agreements with other state agencies that have the
resources that can assist the department to expedite the project.
(2) The Legislature finds and declares that the following table
reflects the estimated costs of paragraph (1). It is the intent of
the Legislature that the department substantially comply with these
expenditure levels.
Site improvements (sidewalks, paving,
move power poles) $150,000
Fence (4,200 lf) 525,000
Sallyport (3 each), motorized gates (6 each) 225,000
Lighting (20 electroliers) 100,000
Architectural and engineering services 260,000
Project/construction management 100,000
Environmental document 30,000
(3) The department may not deviate from the spending scheme
described in the table provided in paragraph (2) by 10 percent or
more of those amounts for those items without the prior authorization
of the Department of
Finance.
(b) Fifty thousand dollars ($50,000) for the purpose of providing
additional peace officer positions to ensure adequate security at
Porterville Developmental Center.
SEC. 39. The sum of three million dollars ($3,000,000) is hereby
appropriated from the General Fund to the Department of Community
Services and Development, in augmentation of the appropriation made
in Item 4700-101-0001, for allocation to new and existing providers
of naturalization assistance, to fund assistance to legal noncitizen
immigrants in the naturalization process. Not more than five percent
of the amount of any allocation made under this section may be
expended for administrative expenses of the recipient of the
allocation.
SEC. 40. The sum of one hundred thousand dollars ($100,000) is
hereby appropriated from the General Fund to the State Department of
Social Services, in augmentation of the appropriation made in Item
5180-101-0001, for the West County Teen Center in Guerneville. These
funds would match not less than fifty thousand dollars ($50,000)
from West County Community Services. The center will provide a youth
facility and recreational activities for teens in the
Guerneville-Russian River area.
SEC. 41. The sum of five million dollars ($5,000,000) is hereby
appropriated from the General Fund to the State Department of Social
Services, in augmentation of the appropriation made in Item
5180-151-0001, for the expansion of adult protective services.
SEC. 42. The sum of one million dollars ($1,000,000) is hereby
appropriated from the Federal Trust Fund to the State Department of
Social Services, in augmentation of the appropriation made in Item
5180-151-0890 for transfer to Item 5180-151-0001, to fund the
three-year Microenterprise Demonstration Project for "at-risk"
individuals and recipients of CalWORKs benefits.
SEC. 43. (a) The sum of eight million one hundred eighty thousand
dollars ($8,180,000) is hereby appropriated from the General Fund to
the State Department of Education, in augmentation of the
appropriations made in the Budget Act of 1997 (Ch. 282, Stats. 1997),
for apportionment as follows:
(1) Four hundred thousand dollars ($400,000) for allocation to
school districts to fund, for a two-year period, two projects under
the community policing and mentoring for school safety program
pursuant to Article 5 (commencing with Section 49350) of Chapter 8 of
Part 27 of the Education Code, to be made available only upon the
enactment of legislation that becomes effective on or before January
1, 1998, and adds that article establishing that program.
(2) Four hundred fifty thousand dollars ($450,000) to fund
incentive grants on a one-time basis to school districts to fund the
startup costs associated with establishing new middle college high
schools pursuant to the program set forth in Chapter 14 (commencing
with Section 11300) of Part 7 of the Education Code, to be made
available only upon the enactment of legislation that becomes
effective on or before January 1, 1998, and adds that chapter
establishing that program. The total amount of an incentive grant
allocated to a school district pursuant to this paragraph may not
exceed one hundred twenty-five thousand dollars ($125,000).
(3) Three million four hundred thousand dollars ($3,400,000) for
allocation to school districts in an equal amount per pupil based
upon each school district's October enrollment in grades 4 to 6,
inclusive, in the 1996-97 fiscal year. Funds appropriated under this
paragraph shall be used on a one-time basis for school libraries.
(4) Two hundred thousand dollars ($200,000) for allocation to the
Inglewood Unified School District. Funds appropriated under this
paragraph shall be used on a one-time basis to conduct a pilot
project to enhance instruction in mathematics.
(5) Two hundred thousand dollars ($200,000) for allocation to the
Santa Clara County Office of Education. Funds appropriated under
this paragraph shall be used on a one-time basis to conduct a pilot
project to enhance instruction in mathematics in accordance with
Article 12.5 (commencing with Section 51840) of Chapter 5 of Part 28
of the Education Code. The funds appropriated by this paragraph
shall become available only if legislation authorizing the conduct of
a pilot program to evaluate the feasibility of establishing a
countywide model for a summer mathematics institute is enacted and
becomes effective on or before January 1, 1998.
(6) Fifty thousand dollars ($50,000) for allocation to the
Action-Agua Dulce Unified School District and the San Marino Unified
School District, to be allocated on the basis of an equal amount per
unit of average daily attendance, as defined in subdivision (b) of
Section 42238.5 of the Education Code, as of the second principal
apportionment for the 1996-97 fiscal year. Funds appropriated under
this paragraph shall be used on a one-time basis to purchase
computers for use in classroom instruction or for the costs of any
infrastructure improvements necessary to accommodate computers in the
classroom.
(7) Thirty-five thousand dollars ($35,000) for allocation to the
Laguna Salada School District. Funds appropriated under this
paragraph shall be used for the Laguna Salada School District SCHOOLS
Project.
(8) One hundred seventy-five thousand dollars ($175,000) for
allocation to the La Canada Unified School District. Funds
appropriated under this paragraph shall be for the district's
one-time costs of providing public access to technology and
technology-related programs in connection with the joint use library
project of La Canada Unified School District and the City of La
Canada Flintridge.
(9) Two million dollars ($2,000,000) for allocation to the San
Francisco Unified School District to be used on a one-time basis for
the purpose of purchasing and placing computers, plus servers,
printers, and hubs in 61 classrooms at 14 high schools. Any
remaining funds may be used to provide technology professional
development in order to provide high school teachers with the skills
necessary to take full advantage of the technology that will be
available. Before the release of the funds, the school district
shall provide to the Superintendent of Public Instruction a plan
consistent with the expressed intent of this section.
(10) One hundred thousand dollars ($100,000) for allocation to the
Bellflower Unified School District to be used for the district's
one-time costs, such as teacher training or the acquisition of
equipment, under the Educational Career Options program at Bellflower
High School.
(11) Forty-five thousand dollars ($45,000) for allocation to the
South Bay Union School District, to be used on a one-time basis to
provide science kit materials for an innovative science program that
serves pupils from socioeconomic backgrounds that are traditionally
underrepresented in science-related fields.
(12) One hundred twenty-five thousand dollars ($125,000) for
allocation to the Glendale Unified School District. Funds
appropriated under this paragraph shall be used on a one-time basis
for an after-school enrichment program.
(13) One million dollars ($1,000,000) from the Proposition 98
Reversion Account for allocation to the Glendale Unified School
District. Funds appropriated under this paragraph shall be used on a
one-time basis to reimburse the school district for its costs
incurred in modernizing facilities for public access to technology,
including technology infrastructure projects, in connection with a
joint use Library Revitalization Project of Edison School/Pacific
Park Model Neighborhood Community within the Glendale Unified School
District.
(b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriations made by paragraphs (1) to (12), inclusive, of
subdivision (a) shall be deemed to be "General Fund revenues
appropriate for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 1995-96 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIIIB," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 1995-96 fiscal
year.
SEC. 44. (a) The sum of two million dollars ($2,000,000) is hereby
appropriated from the General Fund to the State Department of
Education, in augmentation of the appropriations made in the Budget
Act of 1997 (Ch. 282, Stats. 1997), for allocation for the
home-to-school transportation program to school districts that are
eligible for funding under Section 41862 of the Education Code. In
making those allocations, the Superintendent of Public Instruction
shall give highest priority to those districts having both a total
cost per mile for the 1996-97 fiscal year for home-to-school
transportation of between 100 and 115 percent of the statewide
average cost per mile, and either weather-related conditions, or
terrain-related conditions, that vary substantially from those of
other districts that the superintendent determines may be classified
as high-impact, high-efficiency districts.
(b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriations made by subdivision (a) shall be deemed to be "General
Fund revenues appropriate for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
1995-96 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB," as defined
in subdivision (e) of Section 41202 of the Education Code, for the
1995-96 fiscal year.
SEC. 45. (a) The sum of one hundred fifty thousand dollars
($150,000) is hereby appropriated from the General Fund to the State
Department of Education, in augmentation of the appropriations made
in the Budget Act of 1997 (Ch. 282, Stats. 1997), for allocation to
the Liberty Unified School District, the Palmdale School District,
and the Antioch Unified School District. The allocation to each of
these districts may not exceed fifty thousand dollars ($50,000) and
shall be available only upon the availability of a 5-percent local
match, which may be provided from discretionary funds of the district
or in-kind contributions from the private sector.
(b) The funds allocated pursuant to this section shall be used to
fund a homework help center, which each recipient district must
maintain for a minimum period of one year. The homework help center
purposes for which the funds may be used include, but are not limited
to, (1) the one-time costs of purchasing and placing computers in
school libraries, which may be connected to the county library
catalog and data bases to allow pupils access to county resources,
(2) the employment of high school pupils to act as tutors, and (3)
the purchase of additional reference materials for the help center.
Assistance in the development and operation of the homework help
centers may be obtained from local adult volunteers or from existing
state resources such as the California Mentorship Project.
(c) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriations made by subdivision (a) shall be deemed to be "General
Fund revenues appropriate for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
1995-96 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB," as defined
in subdivision (e) of Section 41202 of the Education Code, for the
1995-96 fiscal year.
SEC. 46. The sum of two hundred thousand dollars ($200,000) is
hereby appropriated from the General Fund for support of the
California Postsecondary Education Commission, in augmentation of the
appropriation made in Item 6420-001-0001, for the purpose of
developing a data base for tracking student success in higher
education institutions.
SEC. 47. The sum of two million seven hundred fifty thousand
dollars ($2,750,000) is hereby appropriated from the General Fund to
the University of California, in augmentation of the appropriations
made in the Budget Act of 1997 (Ch. 282, Stats. 1997). Of that
amount, two hundred fifty thousand dollars ($250,000) shall be
expended for the University of California at Riverside to conduct
planning activities related to the establishment of the Western
Center for Archaeology and Paleontology in Riverside County.
SEC. 48. The sum of seven million five hundred thousand dollars
($7,500,000) is hereby appropriated from the General Fund to the
California State University, in augmentation of the appropriation
made in Item 6610-001-0001, to fund the university's long-range
technology needs, Economic Improvement Initiative, and enrollment
impaction and management.
SEC. 49. The sum of five hundred thousand dollars ($500,000) is
hereby appropriated from the General Fund to the California State
University, in augmentation of the appropriations made in the Budget
Act of 1997 (Ch. 282, Stats. 1997), for allocation to the California
State University at Hayward for expenditure on infrastructure
improvements, including, but not limited to, electrical and roof
repairs and replacements.
SEC. 50. The sum of twelve million one hundred thousand dollars
($12,100,000) is hereby appropriated from the General Fund to the
Board of Governors of the California Community Colleges, in
augmentation of the appropriation made in Item 6870-101-0001, for
apportionment as follows:
(a) Four hundred thousand dollars ($400,000), in augmentation of
the appropriation made in Schedule (a) of that item, for allocation
to the Mt. San Antonio Community College Districts as one-time
funding for hazardous substances abatement.
(b) Three million seven hundred thousand dollars ($3,700,000), in
augmentation of the appropriation made in Schedule (e) of that item,
as the first phase of a two-year commitment to increase funding to
assist community colleges to meet their obligations to provide
accommodations, and support services, to students with disabilities
as required by state and federal nondiscrimination laws.
(c) Four million dollars ($4,000,000), in augmentation of the
appropriation made in Schedule (i) of that item, for training in the
use of newly acquired technology.
(d) Four million dollars ($4,000,000), in augmentation of the
appropriation made in Schedule (p) of that item for the purchase of
instructional equipment and library materials.
SEC. 51. The sum of seven hundred sixty-five thousand dollars
($765,000) is hereby appropriated from the Higher Education Capital
Outlay Bond Fund of 1996 to the Board of Governors of the California
Community Colleges, in augmentation of Item 6870-301-0658, to fund
preliminary plans and working drawings for the library addition at
San Jose City College within the San Jose-Evergreen Community College
District.
SEC. 52. The sum of twenty-five thousand dollars ($25,000) is
hereby appropriated from the General Fund to the Office of Criminal
Justice Planning, in augmentation of the appropriation made in Item
8100-101-0001, for the community graffiti abatement program in the
City of Tracy.
SEC. 53. The sum of one million five hundred thousand dollars
($1,500,000) is hereby appropriated from the General Fund to the
State Public Defender, in augmentation of the appropriation made in
Item 8140-001-0001, to fund the purposes authorized by Senate Bill
513 of the 1997-98 Regular Session, and shall be made available only
upon the enactment of that bill.
SEC. 54. Notwithstanding any other provision of law, the purposes
for which the funds appropriated by Item 8180-101-0001 are available
include the reimbursement of 100 percent of any extraordinary costs
incurred by the County of Yuba in the homicide trial of People v.
Peterson.
SEC. 55. (a) The sum of one million twelve thousand dollars
($1,012,000) is hereby appropriated from the General Fund to the
Department of Industrial Relations, in augmentation of the
appropriation made in Item 8350-001-0001.
(b) The sum of two hundred fifty-three thousand dollars ($253,000)
is hereby appropriated from the Workers' Compensation Administration
Revolving Fund to the Department of Industrial Relations, in
augmentation of the appropriation made in Item 8350-001-0223.
(c) Notwithstanding subdivision (b) of Section 62.5 of the Labor
Code or any other provision of law, the Department of Industrial
Relations shall expend the funds appropriated by subdivisions (a) and
(b) to design and implement the workers' compensation information
system required by Section 138.6 of the Labor Code.
SEC. 56. The sum of one hundred fifty thousand dollars ($150,000)
is hereby appropriated from the General Fund to the Military
Department, in augmentation of the appropriation made in Item
8940-001-0001, to fund the operation of the California Military
Museum.
SEC. 57. The sum of five million dollars ($5,000,000) is hereby
appropriated from the General Fund to the Department of Justice to
fund the purposes specified by Section 5 of Assembly Bill 1612 of the
1997-98 Regular Session, and shall be made available only upon the
enactment of that bill.
SEC. 58. The sum of two hundred fifty thousand dollars ($250,000)
is hereby appropriated from the General Fund for allocation by the
Controller to fund the Special Commission on Los Angeles Boundaries
established by Section 56656 of the Government Code, and shall be
made available only upon the enactment of legislation in the 1997-98
Regular Session that adds that section, establishing that commission,
to the Government Code.
SEC. 59. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to make certain necessary augmentations to the
appropriations made by the Budget Act of 1997 for support of state
government for the 1997-98 fiscal year, it is necessary that this act
take effect immediately.