BILL NUMBER: AB 111 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 7, 2013
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Bloom,
Bonilla, Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer, Mitchell,
Mullin, Muratsuchi, Nazarian, Rendon Skinner
, Stone, and Ting))
JANUARY 10, 2013
An act relating to the Budget Act of 2013
to amend the Budget Act of 2012 (Chapters 21 and 29 of the Statutes
of 2012) by amending Items 4140-001-3085, 4140-101-3085, 4140-490,
4300-003-0001, 4300-101-0001, and 5180-111-0001 of, and by adding
Item 0250-491 to, Section 2.00 of, and by amending Section 39.00 of,
that act, relating to the state budget, and making an appropriation
therefor, to take effect immediately, budget bill .
LEGISLATIVE COUNSEL'S DIGEST
AB 111, as amended, Committee on Budget. Budget Act of
2013 2012 .
The Budget Act of 2012 made appropriations for the support of
state government for the 2012-13 fiscal year.
This bill would amend the Budget Act of 2012 by revising items of
appropriation and making other changes in the Budget Act of 2012.
This bill would declare that it is to take effect immediately as a
Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2013.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Item 0250-491 is added to Section 2.00
of the Budget Act of 2012 , to read:
0250-491--Reappropriation, Capital Outlay, Judicial
Branch. The appropriation provided in the following
citation is reappropriated for the purpose of acquiring
equity or other real property interests in the New East
County Courthouse in the County of Alameda and is
subject to the limitations, unless otherwise specified,
provided for in the appropriation:
3138--Immediate and Critical Needs Account
(1) Item 0250-301-3138, Budget Act of
2010 (Ch. 712, Statutes of 2010)
(1) 91.01.001 - Alameda County: New
East County Courthouse-
-Construction.
Provisions:
1. The Judicial Branch may enter into a
lease-purchase agreement with the
County of Alameda for the New East
County Courthouse project that will
provide lease payments to the county
subject to approval by the Director
of Finance. At least 30 days prior to
entering into any agreement, the
Judicial Council shall notify the
chairpersons of the committees in
each house of the Legislature that
consider appropriations and the Joint
Legislative Budget Committee of the
terms and conditions of the
agreement. If the Joint Legislative
Budget Committee does not express any
opposition, the Judicial Council may
proceed with the agreement after 30
days from when the Judicial Branch
gave notice to the chairpersons.
SEC. 2. Item 4140-001-3085 of Section 2.00 of the
Budget Act of 2012 is amended to read:
4140-001-3085--For support of Office of
Statewide Health Planning and Development,
for payment to Item 4140-001-0121, payable 10,924,00
from the Mental Health Services Fund......... 0
Provisions:
1. Notwithstanding subdivision (a)
of Section 1.80 or any other
provision of law, the funds
appropriated in this item for
the purposes provided for in
Sections 5820, 5821, and 5822
of the Welfare and Institutions
Code shall be available for
expenditure and encumbrance
until June 30, 2018.
SEC. 3. Item 4140-101-3085 of Section 2.00 of the
Budget Act of 2012 is amended to read:
4140-101-3085--For local assistance,
Office of Statewide Health Planning and
Development, for payment to Item 4140-101-
0001, payable from the Mental Health
Services Fund.............................. 27,650,000
Provisions:
1. Notwithstanding subdivision
(a) of Section 1.80 or any
other provision of law, the
funds appropriated in this
item in support of the Mental
Health Services Act shall be
available for expenditure and
encumbrance until June 30,
item for contracts with 2018.
accredited physician assistant
programs, as well as contracts
with hospitals or other health
care delivery systems located
in California, in support of
the Mental Health Services Act
that meet the standards of the
California Healthcare
Workforce Policy Commission,
established pursuant to
Article 1 (commencing with
Section 128200) of Chapter 4
of Part 3 of Division 107 of
the Health and Safety Code,
shall continue to be available
for the 2013-14, 2014-15, and
2015-16 fiscal years.
2. The funds appropriated in this
item are for the purposes of
the workforce, education, and
training (WET) programs
established pursuant to
Sections 5820, 5821, and 5822
of the Welfare and
Institutions Code. It is the
intent of the Legislature that
a total of $6,000,000 in WET
funds be appropriated for
purposes of Sections 5820,
5821, and 5822 of the Welfare
and Institutions Code in a
manner subject to the
requirements set forth in
subdivisions (a) and (e) of
Section 5820 of, and
subdivision (a) of Section
5848 of, the Welfare and
Institutions Code. It is
further the intent of the
Legislature that $9,000,000 be
appropriated for
implementation of the Regional
Partnerships component of the
WET programs in equal amounts
over a three-year period
beginning in the 2014-15
fiscal year. The funds
appropriated in this item are
available for expenditure
without regard to fiscal year.
SEC. 4. Item 4140-490 of Section 2.00 of the
Budget Act of 2012 is amended to read:
4140-490--Reappropriation, Office of Statewide
Health Planning and Development. The balances
of the appropriations provided in the
following citations are reappropriated for the
purposes provided for in those appropriations
and shall be available for encumbrance or
expenditure until June 30, 201 3 8 :
3085--Mental Health Services Fund
(1) Item 4140-001-3085, Budget Act of 2011
(Ch. 33, Stats. 2011)
(2) Item 4140-001-3085, Budget Act of 2009
(Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex.
Sess.), as reappropriated by Item 4140-
490, Budget Act of 2010 (Ch. 712,
Stats. 2010)
(3) Item 4140-001-3085, Budget Act of 2010
(Ch. 712, Stats. 2010), as
reappropriated by Item 4140-490,
Budget Act of 2011 (Ch. 33, Stats.
2011)
0890--Federal Trust Fund
(1) Item 4140-001-0890, Budget Act of 2011
(Ch. 33, Stats. 2011)
(2) Item 4140-101-0890, Budget Act
of 2011 (Ch. 33, Stats. 2011)
SEC. 5. Item 4300-003-0001 of Section 2.00 of the
Budget Act of 2012 is amended to read:
4300-003-0001--For support of Department
of Developmental Services, for
Developmental Centers..................... 272,603,000
279,980,000
Schedule:
(1) 20-Developmental
Centers Program..... 534,015,000
(2) Reimbursements...... -260,908,000
-253,531,000
(3) Amount payable from
the Federal Trust
Fund (Item 4300-003-
0890)............... -504,000
Provisions:
1. A loan shall be available from
the General Fund to the State
Department of Developmental
Services not to exceed a
cumulative total of $77,000,000.
The loan funds will be
transferred to this item as
needed to meet cashflow needs
due to delays in collecting
reimbursements from the Health
Care Deposit Fund and are
subject to the repayment
provisions of Section 16351 of
the Government Code.
2. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4300-001-0001 in order to
appropriately align General Fund
and Medi-Cal reimbursements from
the State Department of Health
Care Services with budgeted
activities. Within 10 working
days after approval of a
transfer as authorized by this
provision, the Department of
Finance shall notify the
chairpersons of the fiscal
committees of each house of the
Legislature and the Chairperson
of the Joint Legislative Budget
Committee of the transfer,
including the amount
transferred, how the amount was
determined, and how the amount
will be utilized.
3. Upon order of the Department
of Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4300-101-0001. Within 10
working days after approval of a
transfer as authorized by this
provision, the Department of
Finance shall notify the
chairpersons of the fiscal
committees in each house of the
Legislature and the Chairperson
of the Joint Legislative Budget
Committee of the transfer,
including the amount
transferred, how the amount
transferred was determined, and
how the amount transferred will
be utilized.
4. The State Department of
Developmental Services (DDS)
shall notify the chairperson of
each fiscal committee and policy
committee of each house of the
Legislature of specific outcomes
resulting from citations and the
results of annual surveys
conducted by the State
Department of Public Health, as
well as findings of any other
governmental agency authorized
to conduct investigations or
surveys of state developmental
centers. The DDS shall forward
the notifications, including a
copy of the specific findings,
to the chairpersons of the
committees within 10 working
days of its receipt of these
findings. The DDS also shall
forward these findings, within
three working days of
submission, to the appropriate
investigating agency. In
addition, the DDS shall provide
notification to the chairpersons
of the committees, within three
working days, of its receipt of
information concerning any
investigation initiated by the
United States Department of
Justice and the private
nonprofit corporation designated
by the Governor pursuant to
Division 4.7 (commencing with
Section 4900) of the Welfare and
Institutions Code or concerning
any findings or recommendations
resulting from any of these
investigations.
SEC. 6. Item 4300-101-0001 of Section 2.00 of the
Budget Act of 2012 is amended to read:
4300-101-0001--For local assistance,
Department of Developmental Services,
for Regional Centers..................... 2,314,327,000
2,339,327,000
Schedule:
(1) 10.10.010-
Operations.......... 532,942,000
(2) 10.10.020-Purchase 3,588,836,00
of Services......... 0
(3) 10.10.060-Early
Intervention
Program............. 20,381,000
(4) 10.10.080-
Prevention Program.. 2,003,000
(6) Reimbursements...... -1,768,156,0
-1,743,156,0
00
(7) Amount payable from
the Developmental
Disabilities
Program Development
Fund (Item 4300-101-
0172)............... -9,523,000
(8) Amount payable from
the Federal Trust
Fund (Item 4300-101-
0890)............... -52,006,000
(9) Amount payable from
the Developmental
Disabilities
Services Account
(Item 4300-101-
0496)............... -150,000
Provisions:
1. Upon order of the Director of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4300-003-0001. Within 10
working days after approval of a
transfer as authorized by this
provision, the Department of
Finance shall notify the
chairpersons of the fiscal
committees in each house of the
Legislature and the Chairperson
of the Joint Legislative Budget
Committee of the transfer,
including the amount
transferred, how the amount
transferred was determined, and
how the amount transferred will
be utilized.
2. A loan shall be made available
from the General Fund to the
State Department of
Developmental Services not to
exceed a cumulative total of
$210,000,000. The loan funds
shall be transferred to this
item as needed to meet cashflow
needs due to delays in
collecting reimbursements from
the Health Care Deposit Fund and
are subject to the repayment
provisions of Section 16351 of
the Government Code.
3. Upon order of the Director of
Finance, the Controller shall
transfer funds as are necessary
between this item and Item 5160-
001-0001 to provide for the
transportation costs to and from
work activity programs of
clients who are receiving
vocational rehabilitation
services through the Vocational
Rehabilitation/Work Activity
Program (VR/WAP).
4. $1,826,000 of the funds
appropriated in this item may be
used to augment service provider
rates for the work needed to
obtain information to secure
federal participation
under the Home and Community-
Based Services Waiver program.
Eligible providers are those
service providers who are
qualified providers under Title
XIX of the Social Security Act,
are not currently providing the
required information, and are
serving individuals enrolled
under the Home and Community-
Based Services Waiver program.
5. Notwithstanding Section 26.00,
the Department of Finance may
authorize transfer of
expenditure authority between
Schedules (1) and (2) in order
to more accurately reflect
expenditures in the Early
Intervention Program (Part C of
the Individuals with
Disabilities Education Act).
6. It is the intent of the
Legislature for the State
Department of Health Care
Services and the State
Department of Developmental
Services to collaboratively work
with stakeholders, including
providers and diverse
constituency groups as deemed
appropriate, regarding the
bundling of rates for the
reimbursement of intermediate
care facilities for the
developmentally disabled,
including habilitative and
nursing facilities. It is the
intent of the Legislature that
any changes made by the state
shall be seamless to the
providers of services affected
by the changes, as well as to
the consumers and their families
that are provided services
through the Regional Center
system. The integrity of the
individual program plan process
described in the Lanterman
Developmental Disabilities
Services Act (Division 4.5
(commencing with Section 4500)
of the Welfare and Institutions
Code) shall be maintained
throughout this process and
shall not be affected by any
changes made to implement the
bundled rates.
7. Notwithstanding Section 26.00,
the Department of Finance may
authorize transfer of
expenditure authority from
Schedule (4) 10.10.080-
Prevention Program to Schedule
(2) 10.10.020-Purchase of
Services to more accurately
reflect expenditures in the
Prevention and Early Start
Programs.
SEC. 7. Item 5180-111-0001 of Section 2.00 of the
Budget Act of 2012 is amended to read:
5180-111-0001--For local assistance,
Department of Social Services............ 4,438,530,000
4,439,035,000
Schedule:
(1) 16.70-SSI/SSP....... 2,770,100,00
0
(2) 25.15-IHSS.......... 6,234,906,00
6,235,916,00
0
(3) Reimbursements...... -4,566,476,0
-4,566,981,0
00
Provisions:
1. Provisions 1 and 4 of Item 5180-
101-0001 also apply to this item.
2. Notwithstanding Chapter 1
(commencing with Section 18000)
of Part 6 of Division 9 of the
Welfare and Institutions Code, a
loan not to exceed $364,000,000
shall be made available from the
General Fund from funds not
otherwise appropriated, to cover
the federal share or
reimbursable share, or both, of
costs of a program or programs
when the federal funds or
reimbursements (from the Health
Care Deposit Fund or counties)
have not been received by this
state prior to the usual time
for transmitting payments for
the federal or reimbursable
share of costs for this state.
That loan from the General Fund
shall be repaid when the
federal share of costs for the
program or programs becomes
available, or in the case of
reimbursements, subject to
Section 16351 of the Government
Code. County reimbursements also
shall be subject to Section
16314 of the Government Code,
which specifies the rate of
interest. The State Department
of Social Services may offset a
county's share of cost of the In-
Home Supportive Services (IHSS)
program against local assistance
payments made to the county if
the county fails to reimburse
its share of cost of the IHSS
program to the state.
3. The State Department of Social
Services shall provide technical
assistance to counties to ensure
that they maximize the receipt
of federal funds for the IHSS
program, without compromising
the quality of the services
provided to IHSS recipients.
4. The Director of Finance may
authorize the transfer of
amounts from this item to Item
5180-001-0001 in order to fund
increased costs due to workload
associated with the retroactive
reimbursement of Medi-Cal
services for the IHSS program to
comply with Conlan v. Shewry
(2005) 131 Cal.App.4th 1354. The
Department of Finance shall
report to the Legislature the
amount to be transferred
pursuant to this provision and
the number of positions to be
established by the State
Department of Social Services.
The transfer shall be authorized
at the time the report is made.
The State Department of Social
Services shall review the
workload associated with the
Conlan v. Shewry decision during
the 2012-13 fiscal year and may
administratively establish
positions as the workload
requires.
5. The Director of Finance may
authorize the transfer of
amounts from this item to Item
5180-001-0001 in order to fund
the cost of the administrative
hearing process associated with
changes in aid or service
payments in the IHSS program.
The Department of Finance shall
report to the Legislature the
amount to be transferred
pursuant to this provision. The
transfer shall be authorized at
the time the report is made.
SEC. 8. Section 39.00 of the Budget Act
of 2012 is amended to read:
SEC. 39.00. The Legislature hereby finds and declares that the
following bills are other bills providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution: AB 1465, AB 1466, AB
1467, AB 1468, AB 1469, AB 1470, AB 1471, AB 1472, AB 1473, AB 1474,
AB 1475, AB 1476, AB 1477, AB 1478, AB 1479, AB 1480, AB 1481,
AB1482, AB 1482, AB 1483, AB 1484, AB
1485, AB 1486, AB 1487, AB 1488, AB 1489, AB 1490, AB 1491, AB 1492,
AB 1493, AB 1494, AB 1495, AB 1496, AB 1497, AB 1498, AB 1499, AB
1502, AB 1503, SB 1005, SB 1006, SB 1007, SB 1008, SB 1009, SB 1010,
SB 1011, SB 1012, SB 1013, SB 1014, SB 1015, SB 1016, SB 1017, SB
1018, SB 1019, SB 1020, SB 1021, SB 1022, SB 1023, SB 1024, SB 1025,
SB 1026, SB 1027, SB 1028, SB 1029, SB 1030, SB 1031, SB 1032, SB
1033, SB 1034, SB 1035, SB 1036, SB 1037, SB 1038, SB 1039, SB 1040,
SB 1041, SB 1042, and SB 1043 of the 2011-12 Regular Session,
and AB 112 and SB 67 of the 2013-14 Regular Session .
SEC. 9. This act is a Budget Bill within the
meaning of subdivision (e) of Section 12 of Article IV of the
California Constitution and shall take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2013.