BILL NUMBER: AB 1259	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Arambula

                        FEBRUARY 27, 2009

   An act to add Section 9114.5 to the Welfare and Institutions Code,
relating to area agencies on aging.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1259, as amended, Arambula. Area agencies on aging: federal
funding allocations.
   Under existing law, the California Department of Aging administers
the federal Older Americans Act in California. Pursuant to this
federal act and the  Mello-Granlund  Older Californians Act,
the department allocates federal funds, in accordance with
prescribed funding formulas, to area agencies on aging in order to
provide an array of services to seniors.
   Existing regulations provide that, except as prescribed, specified
federal Older Americans Act funds allocated to an area agency on
aging that remain unencumbered or unexpended at the end of the fiscal
year for which the allocation was made shall revert to the
department for reallocation to the area agencies on aging.
    This bill would, notwithstanding any other provision of law or
regulation, permit an area agency on aging to carry over, for future
use,  any federal funds allocated to that agency pursuant to
the federal Older Americans Act that remain unexpended or
unencumbered at the end of the fiscal year for which the funds were
allocated   up to 5% of its annual total baseline
allocation to fund prescribed purposes. This bill would prohibit an
area agency on aging from using the carried over funds to increase
baseline services  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9114.5 is added to the Welfare and Institutions
Code, to read:
   9114.5.   (a)    Notwithstanding any other
provision of law or regulation, the department shall permit 
an   each  area agency on aging to carry over, for
future use,  any federal funds allocated to that agency
pursuant to the federal Older Americans Act (42 U.S.C. Sec. 3001, et
seq.) that remain unexpended or unencumbered at the end of the fiscal
year for which the funds were allocated.   up to 5
percent of its annual total baseline allocation under Titles III and
VII of the federal Older Americans Act (42 U.S.C. Sec. 3001 et seq.).
 
   (b) The agency shall not use the carried over funds to expand
baseline services. The carried over funds shall be used only for the
following purposes:  
   (1) The purchase of equipment that enhances the delivery of
services to the eligible service population.  
   (2) Home and community-based projects, approved in advance by the
department, that are designed to address the unmet needs of the
eligible service population identified in the area plan.  
   (3) Innovative pilot projects, approved in advance by the
department, that are designed for the development or enhancement of a
comprehensive and coordinated system of services as defined in
subdivisions (a) and (b) of Section 1321.53 of Title 45 of the Code
of Federal Regulations.