Bill Text: CA AB1085 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: After school programs: substance use prevention: funding: cannabis revenue.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB1085 Detail]
Download: California-2019-AB1085-Amended.html
of of, and the addition of Section 8484.66 to, the Education Code proposed by Section 4 Sections 4 and 5 of this act furthers the purposes of the After School Education and Safety Program Act of 2002.
Bill Title: After school programs: substance use prevention: funding: cannabis revenue.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB1085 Detail]
Download: California-2019-AB1085-Amended.html
|
Amended
IN
Assembly
April 02, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Assembly Bill | No. 1085 |
| Introduced by Assembly Member McCarty |
February 21, 2019 |
An act to amend Sections 8421 and 8482.3 of, and to add Sections 8429, 8484.66, and 8484.76 to, the Education Code, and to amend Section 34019 of the Revenue and Taxation Code, relating to after school programs.
LEGISLATIVE COUNSEL'S DIGEST
AB 1085, as amended, McCarty.
After school programs: substance use prevention: funding: cannabis revenue.
Existing law establishes the After School Education and Safety Program under which participating public schools receive grants to operate before and after school programs serving pupils in kindergarten or any of grades 1 to 9, inclusive. The After School Education and Safety Program requires each program component to consist of an education and literacy element and an educational enrichment element, as specified.
This bill would specifically authorize for inclusion within the educational enrichment element youth development activities that promote healthy choices and behaviors in order to prevent and reduce substance use and improve school retention and performance.
Existing law establishes the 21st Century Community Learning Centers program and the 21st Century High School After School Safety and
Enrichment for Teens program, which provide for the allocation of grant funds by the State Department of Education for before or after school programs operating in accordance with specified program requirements. Existing law requires those programs to include an enrichment element.
This bill would specifically authorize for inclusion within the enrichment element youth development activities that promote healthy choices and behaviors in order to prevent and reduce substance use and improve school retention and performance.
The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative statute approved by the voters at the November 8, 2016, statewide general election as Proposition 64, among other things, requires the Controller, by July 15 of each fiscal year beginning in the 2018–19 fiscal year, to disburse 60% of the funds deposited in the California Cannabis Tax Fund during the prior fiscal year into the
Youth Education, Prevention, Early Intervention and Treatment Account, to be disbursed by the Controller to the State Department of Health Care Services for programs for youth that are designed to educate about and to prevent substance use disorders and to prevent harm from substance use. AUMA authorizes the programs to include, but not be limited to, certain components, including grants to schools to develop and support student assistance programs, or other similar programs, designed to prevent and reduce substance use, and improve school retention and performance. AUMA requires the State Department of Health Care Services to enter into interagency agreements with the State Department of Public Health and the State Department of Education to implement and administer these programs.
This bill would state that the Legislature encourages schools to establish a program pursuant to the After School Education and Safety Program, the 21st Century Community Learning
Centers program, or the 21st Century High School After School Safety and Enrichment for Teens program that is designed to educate about and prevent substance use disorders or to prevent harm from substance abuse, as provided. The bill would require the above described programs to annually provide to the State Department of Education specified information relating to the program. The bill would require the department, on or before January 1, 2021, and at least annually thereafter, to provide specified budget and data related information, to the Legislature and make this information publicly available on its internet website. The bill would require the State Department of Health Care Services to enter into interagency agreements with the State Department of Education to implement and administer these programs, pursuant to AUMA, and to allocate to schools funding from the Youth Education, Prevention,
Early Intervention and Treatment Account established pursuant to AUMA. The bill would also provide in AUMA that the State Department of Health Care Services, in determining which programs to be funded, may consider selecting, among other programs, programs established pursuant to the 21st Century High School After School Safety and Enrichment for Teens program, the After School Education and Safety Program, and the 21st Century Community Learning Centers program. The bill would also specify in AUMA that grants to schools to develop and support expanded learning programs, designed to prevent and reduce substance use, and improve school retention and performance, are part of the components that programs receiving funding under AUMA may include.
The After School Education and Safety Program Act of 2002, an initiative approved by the voters at the November 5, 2002, statewide general election as Proposition 49, authorizes the Legislature to amend certain of its
provisions to further its purposes by majority vote of each house.
This bill would set forth a legislative finding and declaration that this bill furthers the purposes of that act.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) The After School Education and Safety Program (Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code), the 21st Century Community Learning Centers program (Article 22.6 (commencing with Section 8484.7) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code), and the 21st Century High School After School Safety and Enrichment for Teens program (Article 19 (commencing with Section 8420) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code) provide after school programs to low-income public
school pupils in order to maximize their retention in school, reduce dropout rates, improve academic
performance, reduce substance use and abuse, and expand educational enrichment opportunities.
(b) Personal, family, and cultural dynamics often interfere with a pupil’s ability to achieve academically. These dynamics can include exposure to substance abuse in the home and the community.
(c) Absent appropriate intervention, a pupil who experiences substance abuse challenges in the home or the community is at increased risk of their own substance abuse.
(d) Youth who are unsupervised after school and during the summer are at greater risk of substance abuse.
(e) After school programs have been shown to reduce substance abuse, including through the
development of protective or resiliency factors, such as school connectedness, self-control, self-confidence, and quality peer relationships.
(f) Because the After School Education and Safety Program, the 21st Century Community Learning Centers program, and the 21st Century High School After School Safety and Enrichment for Teens program augment the regular schoolday and keep youth supervised during a time when they are at risk of substance abuse, these programs are uniquely positioned to provide alternatives to substance abuse and provide education and assistance to pupils about substance abuse, how it can affect their academic performance, and how to avoid substance abuse.
(g) In approving Proposition 64 at the November 8, 2016, statewide general election, the voters of California
identified substance abuse pupil assistance programs in schools as a high priority for the allocation of tax revenue from the sale and cultivation of cannabis and cannabis products.
(h) The After School Education and Safety Program, the 21st Century Community Learning Centers program, and the 21st Century High School After School Safety and Enrichment for Teens program represent ideal conduits for Proposition 64 tax revenues to realize the goals of preventing and reducing substance abuse among pupils and improving school retention and performance.
SEC. 2.
Section 8421 of the Education Code is amended to read:8421.
There is hereby established the 21st Century High School After School Safety and Enrichment for Teens program. The purpose of the program is to create incentives for establishing locally driven after school enrichment programs that partner schools and communities to provide academic support and safe, constructive alternatives for high school pupils in the hours after the regular schoolday, and that support college and career readiness.(a) High school after school programs shall serve pupils in grades 9 to 12, inclusive.
(b) A high school after school program established pursuant to this article shall consist of the following two elements:
(1) (A) An academic assistance element that shall include, but need not be limited to, at least one of the following: tutoring, career exploration, homework assistance, or college preparation, including information about the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3. The assistance shall be coordinated with the regular academic programs of the pupils.
(B) For purposes of this article, “career exploration” means activities that help pupils develop the knowledge and skills that are relevant to their career interests and reinforce academic content.
(2) An enrichment element that may include, but need not be limited to, community
service, career and technical education, job readiness, opportunities for mentoring and tutoring younger pupils, service learning, arts, computer and technology training, physical fitness, recreation activities, and youth development activities that promote healthy choices and behaviors in order to prevent and reduce substance use and improve school retention and performance.
(c) A program shall operate for a minimum of 15 hours per week.
(d) An entity may operate programs on one or multiple sites. If an entity plans to operate programs at multiple sites, only one application is required.
(e) A program may operate on a schoolsite or on another site approved by the department during the grant application process. A
program located off school grounds shall not be approved unless both of the following criteria are met:
(1) Safe transportation is available to transport participating pupils if necessary.
(2) The program is at least as available and accessible as similar programs conducted on schoolsites.
(f) Applicants for grants pursuant to this article shall ensure that all of the following requirements are fulfilled, if applicable:
(1) The application includes a description of the activities that will be available for pupils and lists the program hours.
(2) The application includes an estimate of the following:
(A) The number of pupils expected to attend the program on a regular basis.
(B) The average hours of attendance per pupil.
(C) The percentage of pupils expected to attend the program less than three days a week, three days a week, and more than three days a week, for each quarter or semester during the grant period.
(3) The application documents the commitments of each partner to operate a program at a location or locations that are safe and accessible to participating pupils.
(4) The application certifies that pupils were involved in the design of the program and describes the extent of that
involvement.
(5) The application identifies federal, state, and local programs that will be combined or coordinated with the high school after school program for the most effective use of public resources, and describes a plan for implementing the high school after school program beyond federal grant funding.
(6) The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site.
(7) The application includes a certification that the applicant has complied with the requirement in subdivision (b) of Section 8422.
(8) The application includes a
certification that each applicant or partner in the application agrees to do all of the following:
(A) Assume responsibility for the quality of the program.
(B) Follow all fiscal reporting and auditing standards required
by the department.
(C) Provide the following information on participating pupils to the department:
(i) Schoolday attendance rates.
(ii) Program attendance.
(D) Acknowledge that program evaluations will be based upon the criteria in Section 8427.
(9) Certify that the applicant has complied with all federal requirements in preparing and submitting the application.
(g) The department shall not establish minimum attendance requirements for individual pupils.
(h) It is the intent of the Legislature that, to the extent possible, the department require applicants to submit the information required by this section in a short and concise manner.
SEC. 3.
Section 8429 is added to the Education Code, to read:8429.
(a) The Legislature encourages schools to establish a program pursuant to this article with an effective evidence-based, or evidence-informed educational enrichment element that is designed to educate about and prevent substance use disorders or to prevent harm from substance abuse through a broad array of academic and enrichment activities, including activities to prevent and reduce substance use, and improve school retention and performance. (b) The State Department of Health Care Services shall enter into interagency agreements with the department, pursuant to paragraph (1) of
subdivision (f) of Section 34019 of the Revenue and Taxation Code, to implement and administer the programs described in this section, and to allocate to schools funding from the Youth Education, Prevention, Early Intervention and Treatment Account established pursuant to paragraph (1) of subdivision (f) of Section 34019 of the Revenue and Taxation Code in accordance with conditions and requirements as may be established by the State Department of Health Care Services.
(c) A program funded pursuant to this article shall annually provide to the department, at a date determined by the department, information indicating the specific outcomes being addressed by that program and any changes in measurable outcomes identified as goals of that program including, but not limited to, reductions in dropout rates,
reductions in substance abuse disorders, decreased rates of school suspensions and expulsions, or increased graduation rates, over the span of the funding.
(d) (1) On or before January 1, 2021, and at least annually thereafter, the department shall provide to the Legislature, and shall make available publicly on the department’s internet website, a report detailing both of the following:
(A) Budget information, including funding allocated to each agency and specific outcomes addressed.
(B) Data measuring outcomes, and year-over-year trend data that demonstrate the progress that has been attained in meeting target levels for each outcome.
(2) A report submitted to the Legislature pursuant to this subdivision shall be submitted in
compliance with Section 9795 of the Government Code.
SEC. 4.
Section 8482.3 of the Education Code is amended to read:8482.3.
(a) The After School Education and Safety Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The grades to be served by the program at participating schools may be determined by local needs.(b) A program may operate a before school component of a program, an after school component, or both the before and after school components of a program, on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment.
(c) (1) Each component of a program established pursuant to this article shall consist of the following two elements:
(A) An educational and literacy element in which tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training, or science.
(B) An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, prevention activities, and youth development activities that promote healthy choices and behaviors in order to prevent and reduce substance use and improve school retention and performance.
(2) Notwithstanding any other provision of
this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6.
(d) (1) Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2.
(2) Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agriculture’s at-risk afterschool meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766).
(e) Applicants for programs established pursuant to this article may include any of the following:
(1) A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind.
(2) A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational agency or agencies.
(f) Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable:
(1) The
application documents the commitments of each partner to operate a program on that site or sites.
(2) The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site.
(3) Each partner in the application agrees to share responsibility for the quality of the program.
(4) The application designates the public agency or local educational agency partner to act as the fiscal agent. The fiscal agent may be changed upon approval by the department if the new fiscal agent is a local educational agency or public agency partner. For purposes of this section, “public agency” means only a county board of supervisors or, if
the city is incorporated or has a charter, a city council.
(5) Applicants agree to follow all fiscal reporting and auditing standards required by the department.
(6) Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c).
(7) Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55.
(8) Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section
8482.4.
(9) The application states the targeted number of pupils to be served by the program.
(10) Applicants agree to provide the following information on participating pupils to the department:
(A) Schoolday attendance rates.
(B) Program attendance.
(g) (1) Grantees shall review their after school program plans every three years, including, but not limited to, all of the following:
(A) Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal
process.
(B) Program content, including the elements identified in subdivision (c).
(C) Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years.
(D) Any other information requested by the department.
(E) If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department.
(F) The grantee shall maintain documentation of the after school program plan for a minimum of five years.
(2) The department shall monitor this review as part of its onsite monitoring process.
SEC. 5.
Section 8484.66 is added to the Education Code, to read:8484.66.
(a) The Legislature encourages schools to establish a program pursuant to this article with an effective evidence-based, or evidence-informed educational enrichment element that is designed to educate about and prevent substance use disorders and to prevent harm from substance abuse through a broad array of academic and enrichment activities, including activities to prevent and reduce substance use, and improve school retention and performance.(b) The State Department of Health Care Services shall enter into interagency agreements with the department, pursuant to paragraph
(1) of subdivision (f) of Section 34019 of the Revenue and Taxation Code, to implement and administer the programs described in this section, and to allocate to schools funding from the Youth Education, Prevention, Early Intervention and Treatment Account established pursuant to paragraph (1) of subdivision (f) of Section 34019 of the Revenue and Taxation Code in accordance with conditions and requirements as may be established by the State Department of Health Care Services.
(c) A program funded pursuant to this article shall annually provide to the department, at a date determined by the department, information indicating the specific outcomes being addressed by that program and any changes in measurable outcomes identified as goals of that program including, but not limited to,
reductions in dropout rates, reductions in substance abuse disorders, decreased rates of school suspensions and expulsions, or increased graduation rates, over the span of the funding.
(d) (1) On or before January 1, 2021, and at least annually thereafter, the department shall provide to the Legislature, and shall make available publicly on the department’s internet website, a report detailing both of the following:
(A) Budget information, including funding allocated to each agency and specific outcomes addressed.
(B) Data measuring outcomes, and year-over-year trend data that demonstrate the progress that has been attained in meeting target levels for each outcome.
(2) A report submitted to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 6.
Section 8484.76 is added to the Education Code, to read:8484.76.
(a) The Legislature encourages schools to establish a program pursuant to this article with an effective evidence-based, or evidence-informed educational enrichment element that is designed to educate about and prevent substance use disorders and to prevent harm from substance abuse through a broad array of academic and enrichment activities, including activities to prevent and reduce substance use, and improve school retention and performance.(b) The State Department of Health
Care Services shall enter into interagency agreements with the department, pursuant to paragraph (1) of subdivision (f) of Section 34019 of the Revenue and Taxation Code, to implement and administer the programs described in this section, and to allocate to schools funding from the Youth Education, Prevention, Early Intervention and Treatment Account established pursuant to paragraph (1) of subdivision (f) of Section 34019 of the Revenue and Taxation Code in accordance with conditions and requirements as may be established by the State Department of Health Care Services.
(c) A program funded pursuant to this article shall annually provide to the department, at a date determined by the department, information indicating the specific outcomes being addressed by that program and any changes in
measurable outcomes identified as goals of that program including, but not limited to, reductions in dropout rates, reductions in substance abuse disorders, decreased rates of school suspensions and expulsions, or increased graduation rates, over the span of the funding.
(d) (1) On or before January 1, 2021, and at least annually thereafter, the department shall provide to the Legislature, and shall make available publicly on the department’s internet website, a report detailing both of the following:
(A) Budget information, including funding allocated to each agency and specific outcomes addressed.
(B) Data measuring outcomes, and year-over-year trend data that demonstrate the progress that has been attained in meeting target levels for each outcome.
(2) A report submitted to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 7.
Section 34019 of the Revenue and Taxation Code is amended to read:34019.
(a) Beginning with the 2017–18 fiscal year, the Department of Finance shall estimate revenues to be received pursuant to Sections 34011 and 34012 and provide those estimates to the Controller no later than June 15 of each year. The Controller shall use these estimates when disbursing funds pursuant to this section. Before any funds are disbursed pursuant to subdivisions (b), (c), (d), and (e) of this section, the Controller shall disburse from the Tax Fund to the appropriate account, without regard to fiscal year, the following:(1) Reasonable costs incurred by the board for administering and collecting the taxes imposed by this part; provided, however, such costs shall not
exceed 4 percent of tax revenues received.
(2) Reasonable costs incurred by the bureau, the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health for implementing, administering, and enforcing Division 10 (commencing with Section 26000) of the Business and Professions Code to the extent those costs are not reimbursed pursuant to Section 26180 of the Business and Professions Code. This paragraph shall remain operative through the 2022–23 fiscal year.
(3) Reasonable costs incurred by the Department of Fish and Wildlife, the State Water Resources Control Board, and the Department of Pesticide Regulation for carrying out their respective duties under Division 10 (commencing with Section 26000) of the Business and Professions Code
to the extent those costs are not otherwise reimbursed.
(4) Reasonable costs incurred by the Controller for performing duties imposed by the Control, Regulate and Tax Adult Use of Marijuana Act, including the audit required by Section 34020.
(5) Reasonable costs incurred by the Department of Finance for conducting the performance audit pursuant to Section 26191 of the Business and Professions Code.
(6) Reasonable costs incurred by the Legislative Analyst’s Office for performing duties imposed by Section 34017.
(7) Sufficient funds to reimburse the Division of Labor Standards Enforcement and the Division of Occupational Safety and Health within the Department
of Industrial Relations and the Employment Development Department for the costs of applying and enforcing state labor laws to licensees under Division 10 (commencing with Section 26000) of the Business and Professions Code.
(b) The Controller shall next disburse the sum of ten million dollars ($10,000,000) to a public university or universities in California annually beginning with the 2018–19 fiscal year until the 2028–29 fiscal year to research and evaluate the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act, and shall, if appropriate, make recommendations to the Legislature and Governor regarding possible amendments to the Control, Regulate and Tax Adult Use of Marijuana Act. The recipients of these funds shall publish reports on their findings at a minimum of every two years and shall
make the reports available to the public. The bureau shall select the universities to be funded. The research funded pursuant to this subdivision shall include but not necessarily be limited to:
(1) Impacts on public health, including health costs associated with cannabis use, as well as whether cannabis use is associated with an increase or decrease in use of alcohol or other drugs.
(2) The impact of treatment for maladaptive cannabis use and the effectiveness of different treatment programs.
(3) Public safety issues related to cannabis use, including studying the effectiveness of the packaging and labeling requirements and advertising and marketing restrictions contained in the act at preventing underage access to and use of
cannabis and cannabis products, and studying the health-related effects among users of varying potency levels of cannabis and cannabis products.
(4) Cannabis use rates, maladaptive use rates for adults and youth, and diagnosis rates of cannabis-related substance use disorders.
(5) Cannabis market prices, illicit market prices, tax structures and rates, including an evaluation of how to best tax cannabis based on potency, and the structure and function of licensed cannabis businesses.
(6) Whether additional protections are needed to prevent unlawful monopolies or anticompetitive behavior from occurring in the adult-use cannabis industry and, if so, recommendations as to the most effective measures for preventing such
behavior.
(7) The economic impacts in the private and public sectors, including, but not necessarily limited to, job creation, workplace safety, revenues, taxes generated for state and local budgets, and criminal justice impacts, including, but not necessarily limited to, impacts on law enforcement and public resources, short- and long-
term long-term consequences of involvement in the criminal justice system, and state and local government agency administrative costs and revenue.
(8) Whether the regulatory agencies tasked with implementing and enforcing the Control, Regulate and Tax Adult Use of Marijuana Act are doing so consistent with the purposes of the act, and whether different agencies might do so more effectively.
(9) Environmental issues related to cannabis production and the criminal prohibition of cannabis production.
(10) The geographic location, structure, and function of licensed cannabis businesses, and demographic data, including race,
ethnicity, and gender, of licenseholders.
(11) The outcomes achieved by the changes in criminal penalties made under the Control, Regulate and Tax Adult Use of Marijuana Act for cannabis-related offenses, and the outcomes of the juvenile justice system, in particular, probation-based treatments and the frequency of up-charging illegal possession of cannabis or cannabis products to a more serious offense.
(c) The Controller shall next disburse the sum of three million dollars ($3,000,000) annually to the Department of the California Highway Patrol beginning with the 2018–19 fiscal year until the 2022–23 fiscal year to establish and adopt protocols to determine whether a driver is operating a vehicle while impaired, including
impairment by the use of cannabis or cannabis products, and to establish and adopt protocols setting forth best practices to assist law enforcement agencies. The department may hire personnel to establish the protocols specified in this subdivision. In addition, the department may make grants to public and private research institutions for the purpose of developing technology for determining when a driver is operating a vehicle while impaired, including impairment by the use of cannabis or cannabis products.
(d) The Controller shall next disburse the sum of ten million dollars ($10,000,000) beginning with the 2018–19 fiscal year and increasing ten million dollars ($10,000,000) each fiscal year thereafter until the 2022–23 fiscal year, at which time the disbursement shall be fifty million dollars ($50,000,000) each year thereafter,
to the Governor’s Office of Business and Economic Development, in consultation with the Labor and Workforce
Development Agency and the State Department of Social Services, to administer a community reinvestments grants program to local health departments and at least 50 percent to qualified community-based nonprofit organizations to support job placement, mental health treatment, substance use disorder treatment, system navigation services, legal services to address barriers to reentry, and linkages to medical care for communities disproportionately affected by past federal and state drug policies. The office shall solicit input from community-based job skills, job placement, and legal service providers with relevant expertise as to the administration of the grants program. In addition, the office shall periodically evaluate the programs it is funding to determine the effectiveness of the programs, shall not spend more than 4 percent for administrative costs related to implementation,
evaluation, and oversight of the programs, and shall award grants annually, beginning no later than January 1, 2020.
(e) The Controller shall next disburse the sum of two million dollars ($2,000,000) annually to the University of California San Diego Center for Medicinal Cannabis Research to further the objectives of the center, including the enhanced understanding of the efficacy and adverse effects of cannabis as a pharmacological agent.
(f) By July 15 of each fiscal year beginning in the 2018–19 fiscal year, the Controller shall, after disbursing funds pursuant to subdivisions (a), (b), (c), (d), and (e), disburse funds deposited in the Tax Fund during the prior fiscal year into sub-trust accounts, which are hereby created, as follows:
(1) Sixty percent shall be deposited in the Youth Education, Prevention, Early Intervention and Treatment Account, and disbursed by the Controller to the State Department of Health Care Services for programs for youth that are designed to educate about and to prevent substance use disorders and to prevent harm from substance use. The State Department of Health Care Services shall enter into interagency agreements with the State Department of Public Health and the State Department of Education to implement and administer these programs. The programs shall emphasize accurate education, effective prevention, early intervention, school retention, and timely treatment services for youth, their families, and caregivers. In determining which programs to be funded, the State Department of Health Care Services may consider selecting, among other programs, programs established pursuant to the
21st Century High School After School Safety and Enrichment for Teens program (Article 19 (commencing with Section 8420) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code), the After School Education and Safety Program (Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code), and the 21st Century Community Learning Centers program (Article 22.6 (commencing with Section 8484.7) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code) that meet the requirements specified in this paragraph and as otherwise determined by the State Department of Health Care Services. The programs may include, but are not limited to, the following components:
(A) Prevention and early intervention services including outreach, risk survey and education to youth,
families, caregivers, schools, primary care health providers, behavioral health and substance use disorder service providers, community and faith-based organizations, foster care providers, juvenile and family courts, and others to recognize and reduce risks related to substance use, and the early signs of problematic use and of substance use disorders.
(B) Grants to schools to develop and support student assistance programs, expanded learning programs, or other similar programs, designed to prevent and reduce substance use, and improve school retention and performance, by supporting students who are at risk of dropping out of school and promoting alternatives to suspension or expulsion that focus on school retention, remediation, and professional care. Schools with higher than average dropout rates should be prioritized for grants.
(C) Grants to programs for outreach, education, and treatment for homeless youth and out-of-school youth with substance use disorders.
(D) Access and linkage to care provided by county behavioral health programs for youth, and their families, and caregivers, who have a substance use disorder or who are at risk for developing a substance use disorder.
(E) Youth-focused substance use disorder treatment programs that are culturally and gender competent, trauma-informed, evidence-based evidence-based, and provide a continuum of care that includes screening
and assessment (substance use disorder as well as mental health), early intervention, active treatment, family involvement, case management, overdose prevention, prevention of communicable diseases related to substance use, relapse management for substance use and other cooccurring behavioral health disorders, vocational services, literacy services, parenting classes, family therapy and counseling services, medication-assisted treatments, psychiatric medication, and psychotherapy. When indicated, referrals must be made to other providers.
(F) To the extent permitted by law and where indicated, interventions shall use a two-generation approach to addressing substance use disorders with the capacity to treat youth and adults together. This would include supporting the development of family-based interventions that address substance use
disorders and related problems within the context of families, including parents, foster parents, caregivers, and all their children.
(G) Programs to assist individuals, as well as families and friends of drug using young people, to reduce the stigma associated with substance use including being diagnosed with a substance use disorder or seeking substance use disorder services. This includes peer-run outreach and education to reduce stigma, anti-stigma campaigns, and community recovery networks.
(H) Workforce training and wage structures that increase the hiring pool of behavioral health staff with substance use disorder prevention and treatment expertise and provides ongoing education and coaching that increases substance use treatment providers’ core competencies, and trains providers
on promising and evidence-based practices.
(I) Construction of community-based youth treatment facilities.
(J) The departments may contract with each county behavioral health program for the provision of services.
(K) Funds shall be allocated to counties based on demonstrated need, including the number of youth in the county, the prevalence of substance use disorders among adults, and confirmed through
statistical data, validated assessments, or submitted reports prepared by the applicable county to demonstrate and validate need.
(L) The departments shall periodically evaluate the programs they are funding to determine the effectiveness of the programs.
(M) The departments may use up to 4 percent of the moneys allocated to the Youth Education, Prevention, Early Intervention and Treatment Account for administrative costs related to implementation, evaluation, and oversight of the programs.
(N) If the Department of Finance ever determines that funding pursuant to cannabis taxation exceeds demand for youth prevention and treatment services in the state, the departments shall provide a plan to the Department of
Finance to provide treatment services to adults as well as youth using these funds.
(O) The departments shall solicit input from volunteer health organizations, physicians who treat addiction, treatment researchers, family therapy and counseling providers, and professional education associations with relevant expertise as to the administration of any grants made pursuant to this paragraph.
(2) Twenty percent shall be deposited in the Environmental Restoration and Protection Account, and disbursed by the Controller as follows:
(A) To the Department of Fish and Wildlife and the Department of Parks and Recreation for the cleanup, remediation, and restoration of environmental damage in watersheds affected by cannabis
cultivation and related activities including, but not limited to, damage that occurred prior to enactment of this part, and to support local partnerships for this purpose. The Department of
Fish and Wildlife and the Department of Parks and Recreation may distribute a portion of the funds they receive from the Environmental Restoration and Protection Account through grants for purposes specified in this paragraph.
(B) To the Department of Fish and Wildlife and the Department of Parks and Recreation for the stewardship and operation of state-owned wildlife habitat areas and state park units in a manner that discourages and prevents the illegal cultivation, production, sale, and use of cannabis and cannabis products on public lands, and to facilitate the investigation, enforcement, and prosecution of illegal cultivation, production, sale, and use of cannabis or cannabis products on public lands.
(C) To the Department of Fish and Wildlife to assist in funding
the watershed enforcement program and multiagency taskforce established pursuant to subdivisions (b) and (c) of Section 12029 of the Fish and Game Code to facilitate the investigation, enforcement, and prosecution of these offenses and to ensure the reduction of adverse impacts of cannabis cultivation, production, sale, and use on fish and wildlife habitats throughout the state.
(D) For purposes of this paragraph, the Secretary of the Natural Resources Agency shall determine the allocation of revenues between the departments. During the first five years of implementation, first consideration should be given to funding purposes specified in subparagraph (A).
(E) Funds allocated pursuant to this paragraph shall be used to increase and enhance activities described in subparagraphs
(A), (B), and (C), and not replace allocation of other funding for these purposes. Accordingly, annual General Fund appropriations to the Department of Fish and Wildlife and the Department of Parks and Recreation shall not be reduced below the levels provided in the Budget Act of 2014 (Chapter 25 of the Statutes of 2014).
(3) Twenty percent shall be deposited into the State and Local Government Law Enforcement Account and disbursed by the Controller as follows:
(A) To the Department of the California Highway Patrol for conducting training programs for detecting, testing, and enforcing laws against driving under the influence of alcohol and other drugs, including driving under the influence of cannabis. The department may hire personnel to conduct the training programs
specified in this subparagraph.
(B) To the Department of the California Highway Patrol to fund internal California Highway Patrol programs and grants to qualified nonprofit organizations and local governments for education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis; programs that help enforce traffic laws, educate the public in traffic safety, provide varied and effective means of reducing fatalities, injuries, and economic losses from collisions; and for the purchase of equipment related to enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis.
(C) To the Board of State and Community Corrections for making grants to local governments to assist with law
enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act. The board shall not make any grants to local governments which have banned the cultivation, including personal cultivation under paragraph (3) of subdivision (b) of Section 11362.2 of the Health and Safety Code, or retail sale of cannabis or cannabis products pursuant to Section 26200 of the Business and Professions Code or as otherwise provided by law.
(D) For purposes of this paragraph, the Department of Finance shall determine the allocation of revenues between the agencies;
provided, however, beginning in the 2022–23 fiscal year the amount allocated pursuant to subparagraph (A) shall not be less than ten million dollars ($10,000,000) annually and the amount allocated pursuant to subparagraph (B) shall not be less than forty million dollars ($40,000,000) annually. In determining the amount to be allocated before the 2022–23 fiscal year pursuant to this paragraph, the Department of Finance shall give initial priority to subparagraph (A).
(g) Funds allocated pursuant to subdivision (f) shall be used to increase the funding of programs and purposes identified and shall not be used to replace allocation of other funding for these purposes.
(h) Effective July 1, 2028, the Legislature may amend this section by majority vote to further the
purposes of the Control, Regulate and Tax Adult Use of Marijuana Act, including allocating funds to programs other than those specified in subdivisions (d) and (f). Any revisions pursuant to this subdivision shall not result in a reduction of funds to accounts established pursuant to subdivisions (d) and (f) in any subsequent year from the amount allocated to each account in the 2027–28 fiscal year. Before July 1, 2028, the Legislature may not change the allocations to programs specified in subdivisions (d) and (f).
