Bill Text: CA AB123 | 2015-2016 | Regular Session | Amended
Bill Title: Budget Act of 2015.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB123 Detail]
Download: California-2015-AB123-Amended.html
BILL NUMBER: AB 123 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2015
INTRODUCED BY Committee on Budget (Weber (Chair), Bloom, Bonta,
Campos, Chiu, Cooper, Gordon, Jones-Sawyer, McCarty, Mullin,
Nazarian, O'Donnell, Rodriguez, Thurmond, Ting, and Williams)
JANUARY 9, 2015
An act relating to the Budget Act of 2015.
An act to amend the Budget Act of 2015 by amending Items
0250-101-0932, 0250-102-0932, 0250-111-0001, 0250-114-0001,
0530-001-0001, 0540-001-0001, 0540-001-0140, 0540-001-6076,
0552-001-0001, 0690-101-0001, 2240-104-0001, 3540-001-0001,
3600-001-0001, 3640-311-0001, 3790-001-0392, 3790-301-0392,
3860-001-6052, 3940-001-0890, 4170-101-0001, 4260-001-0001,
4260-101-0001, 4260-101-0890, 4260-115-0001, 4260-116-0001,
4265-001-0001, 4265-111-0001, 4300-101-0001, 4440-011-0001,
5160-001-0001, 5180-001-0001, 5180-101-0001, 5180-101-0890
5180-111-0001, 5180-141-0001, 5180-141-0890, 5180-151-0001,
5180-151-0890, 5180-153-0001, 5225-001-0001, 5225-001-3259,
5227-101-0214, 5227-101-3259, 5227-109-0001, 5227-110-0001,
6100-001-0001, 6100-113-0001, 6100-113-0890, 6100-119-0001,
6100-161-0001, 6100-194-0001, 6100-194-0890, 6100-195-0890,
6100-196-0001, 6120-211-0001, 6120-213-0001, 6440-001-0001,
6440-004-0001, 6610-001-0001, 6870-101-0001, 6870-107-0001,
6980-101-0001, 7100-001-0869, 7100-001-3259, 7320-001-0001,
7350-001-3152, 8570-001-0001, and 8820-001-0001 of, by adding Items
0500-001-9750, 0540-490, 0650-101-0001, 0690-101-3034, 3110-001-0286,
3640-401, 3640-402, 3640-494, 3790-001-0942, 3900-001-0462,
4260-118-0313, and 5227-102-0001 to, and by repealing Items
0521-101-3228, 0650-001-9750, 2660-101-3228, 2660-108-3228,
2660-301-3228, 2665-001-3228, 3110-001-0001, 3720-001-8029,
3760-001-8029, 3760-101-8029, 3820-001-8029, 3900-101-3228,
3970-101-3228, 5227-108-0001, 6100-111-0001, 6100-249-0001, 6980-401,
and 7350-001-0001 of, Section 2.00 of, and by amending Sections
3.61, 4.11, 6.10, 12.32, 35.50, and 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 123, as amended, Committee on Budget. Budget Act of
2015. Budget Act of 2015.
The Budget Act of 2015 made appropriations for the support of
state government for the 2015-16 fiscal year.
This bill would amend the Budget Act of 2015 by revising items of
appropriation and making other changes.
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 2015.
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 0250-101-0932 of Section 2.00 of
the Budget Act of 2015 is amended to read:
0250-101-0932--For local assistance,
Judicial Branch, payable from the Trial
Court Trust Fund.......................... 2,345,378,000
2,337,627,000
Schedule:
(1) 0150010-Support for
Operation of Trial 1,888,045,00
Courts..............
1,883,879,0 0
0
(2) 0150019-
Compensation of
Superior Court
Judges.............. 326,781,000
323,784,000
(3) 0150028-Assigned
Judges.............. 26,047,000
(4) 0150037-Court
Interpreters........ 94,677,000
94,089,000
(5) 0150067-Court
Appointed Special
Advocate (CASA)
program............. 2,213,000
(6) 0150071-Model Self-
Help Program........ 957,000
(7) 0150083-Equal
Access Fund......... 5,482,000
(8) 0150087-Family Law
Information Centers. 345,000
(9) 0150091-Civil Case
Coordination........ 832,000
(10) Reimbursements to
0150010-Support for
Operation of Trial
Courts.............. -1,000
Provisions:
1. The funds appropriated in
Schedule (2) shall be made
available for costs of the
workers' compensation program
for trial court judges.
2. The amount appropriated in
Schedule (3) shall be made
available for all judicial
assignments. Schedule (3)
expenditures for necessary
support staff may not exceed the
staffing level that is necessary
to support the equivalent of
three judicial officers sitting
on assignments. Prior to
utilizing funds appropriated in
Schedule (3), trial courts shall
maximize the use of judicial
officers who may be available
due to reductions in court
services or court closures.
3. The funds appropriated in
Schedule (4) shall be for
payments to contractual court
interpreters, and certified or
registered court interpreters
employed by the courts for
services provided during court
proceedings and other services
related to pending court
proceedings, including services
provided outside a courtroom,
and the following court
interpreter coordinators: 1.0
each in counties of the 1st
through the 15th classes, 0.5
each in counties of the 16th
through the 31st classes, and
0.25 each in counties of
the 32nd through the 58th
classes. For the purposes of
this provision, ""court
interpreter coordinators'' may
be full- or part-time court
employees, and shall be
certified or registered court
interpreters in good standing
under existing law.
The Judicial Council shall set
statewide or regional rates and
policies for payment of court
interpreters, not to exceed the
rate paid to certified
interpreters in the federal
court system.
The Judicial Council shall
adopt appropriate rules and
procedures for the
administration of these funds.
The Judicial Council shall
report to the Legislature and
the Director of Finance
annually regarding expenditures
from Schedule (4).
4. Upon order of the Director of
Finance, the amount available
for expenditure in this item may
be augmented by the amount of
any additional resources
available in the Trial Court
Trust Fund, which is in addition
to the amount appropriated in
this item. Any augmentation must
be approved in joint
determination with the
Chairperson of the Joint
Legislative Budget Committee and
shall be authorized not sooner
than 30 days after notification
in writing to the chairpersons
of the committees in each house
of the Legislature that consider
appropriations, the chairpersons
of the committees and
appropriate subcommittees that
consider the State Budget, and
the chairperson of the joint
committee, or not sooner than
whatever lesser time the
chairperson of the joint
committee, or his or her
designee, may determine. When a
request to augment this item is
submitted to the Director of
Finance, a copy of that request
shall be delivered to the
chairpersons of the committees
and appropriate subcommittees
that consider the State Budget.
Delivery of a copy of that
request shall not be deemed to
be notification in writing for
purposes of this provision.
5. Notwithstanding any other
provision of law, upon approval
and order of the Director of
Finance, the amount appropriated
in this item shall be reduced by
the amount transferred in Item
0250-115-0932 to provide
adequate resources to the
Judicial Branch Workers'
Compensation Fund to pay
workers' compensation claims for
judicial branch employees and
judges, and administrative costs
pursuant to Section 68114.10 of
the Government Code.
6. Upon approval by the
Administrative Director, the
Controller shall transfer up to
$11,274,000 to Item 0250-001-
0932 for recovery of costs for
administrative services provided
to the trial courts by the
Judicial Council.
7. In order to improve equal access
and the fair administration of
justice, the funds appropriated
in Schedule (7) are available
for distribution by the Judicial
Council through the Legal
Services Trust Fund Commission
in support of the Equal Access
Fund Program to qualified legal
services projects and support
centers as defined in Sections
6213 to 6215, inclusive, of the
Business and Professions Code,
to be used for legal services in
civil matters for indigent
persons. The Judicial
Council shall approve awards
made by the commission if the
council determines that the
awards comply with statutory and
other relevant guidelines. Upon
approval by the Administrative
Director, the Controller shall
transfer up to 5 percent of the
funding appropriated in Schedule
(7) to Item 0250-001-0932 for
administrative expenses. Ten
percent of the funds remaining
after administrative costs shall
be for joint projects of courts
and legal services programs to
make legal assistance available
to pro per litigants and 90
percent of the funds remaining
after administrative costs shall
be distributed consistent with
Sections 6216 to 6223,
inclusive, of the Business and
Professions Code. The Judicial
Council may establish additional
reporting or quality control
requirements consistent with
Sections 6213 to 6223,
inclusive, of the Business and
Professions Code.
8. Funds available for expenditure
in Schedule (7) may be augmented
by order of the Director of
Finance by the amount of any
additional resources deposited
for distribution to the Equal
Access Fund Program in
accordance with Sections 68085.3
and 68085.4 of the Government
Code. Any augmentation under
this provision shall be
authorized not sooner than 30
days after notification in
writing to the chairpersons of
the committees in each house of
the Legislature that consider
appropriations, the chairpersons
of the committees and
appropriate subcommittees that
consider the State Budget, and
the Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time the chairperson of the
joint committee, or his or her
designee, may determine.
9. Sixteen (16.0) subordinate
judicial officer positions
are authorized to be converted
to judgeships in the 2015-16
fiscal year in the manner and
pursuant to the authority
described in subparagraph (B) of
paragraph (1) of subdivision (c)
of Section 69615 of the
Government Code, as described in
the notice filed by the Judicial
Council under subparagraph (B)
of paragraph (3) of subdivision
(c) of Section 69615 of the
Government Code.
12. Of the amounts appropriated in
Schedule (1), $325,000 shall be
allocated by the Judicial
Council in order to reimburse
the California State Auditor's
Office for the costs of trial
court audits incurred by the
California State Auditor's
Office pursuant to Section 19210
of the Public Contract Code.
14. Notwithstanding any other
provision of law, of the amount
appropriated in Schedule (1),
$26,900,000 is available for
expenditure or encumbrance until
June 30, 2017.
15. Of the amount appropriated
in
Schedule (1), $4,166,000 will be
available to support staff
associated with up to 12 new
judgeships. Of the amount
appropriated in Schedule (2),
$2,997,000 will be available for
judicial compensation for the
new judgeships. Of the amount
appropriated in Schedule (4),
$588,000 will be available
to support court interpreters
associated with the new
judgeships. Funding for new
judgeships identified in this
provision shall be made
available only after the
Judicial Council submits a
funding request to the
Department of Finance by October
1, 2015. The funding request
shall propose an allocation of
judgeships based on the judicial
workloads needs assessment, and
may only propose judgeships for
courts reopening courtrooms
closed after the 2011 trial
court security realignment,
thereby not increasing the need
for court security beyond the
level already funded through the
2011 realignment. The Department
of Finance shall notify the
Chairperson of the Joint
Legislative Budget Committee of
its intent to approve the
funding request 30 days before
notifying the judicial branch of
its decision.
SEC. 2. Item 0250-102-0932 of Section 2.00 of the
Budget Act of 2015 is amended to read:
0250-102-0932--For local assistance,
Judicial Branch, payable from the Trial
Court Trust Fund.......................... 136,800,000
114,700,000
Schedule:
(1) 0150011-Court
Appointed
Dependency Counsel.. 1 36 14
, 8 7 00,000
Provisions:
1. Notwithstanding any other
provision of law, and upon
approval of the Director of
Finance, the amount available
for expenditure in Schedule (1)
may be increased by the amount
of any additional resources
collected for the recovery of
costs for court-appointed
dependency counsel services.
2. Upon approval of the
Administrative Director, the
Controller shall transfer up to
$556,000 to Item 0250-001-0932
for administrative services
provided to the trial courts in
support of the court appointed
dependency counsel program.
SEC. 3. Item 0250-111-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
0250-111-0001--For transfer by the
Controller to the Trial Court Trust Fund.. 943,160,000
935,409,000
SEC. 4. Item 0250-114-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
0250-114-0001--For transfer by the
Controller to the Trial Court Trust Fund.. 136,800,000
114,700,000
SEC. 5. Item 0500-001-9750 is added to Section
2.00 of the Budget Act of 2015 , to read:
0500-001-9750--For support of Governor's
Office, payable from the Immigrant
Integration Fund ............................. 1,000
Schedule:
(1) 0210-Governor's Office....... 1,000
Provisions:
1. Upon receipt of donations in
accordance with Sections 65050 and
65051 of the Government Code, the
Director of Finance may authorize the
augmentation of this item in excess
of the amount appropriated consistent
with the purposes of furthering
immigrant integration. The Director
of Finance shall not approve any
expenditure unless the approval is
made in writing and filed with the
Chairperson of the Joint Legislative
Budget Committee and the chairpersons
of the committees in each house of
the Legislature that consider
appropriations no later than 30 days
prior to the effective date of
approval, or prior to whatever lesser
time the Chairperson of the Joint
Legislative Budget Committee, or his
or her designee, may determine.
SEC. 6. Item 0521-101-3228 of Section
2.00 of the Budget Act of 2015 is repealed.
0521-101-3228--For local assistance,
Secretary of Transportation, payable from
the Greenhouse Gas Reduction Fund............ 25,000,000
Schedule:
(1) 0276-Local Assistance
Grant Program......... 25,000,000
Provision:
1. Funds appropriated in this item
shall be available for the
transit pass expansion grant
program.
SEC. 7. Item 0530-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
0530-001-0001--For support of Secretary of
California Health and Human Services.......... 2,399,000
3,652,000
Schedule:
(1) 0280-Secretary of
California Health and
Human Services......... 4,291,000
6,144,000
(2) Reimbursements to 0280-
Secretary of
California Health and
Human Services......... -1,892,000
-2,492,000
SEC. 8. Item 0540-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
0540-001-0001--For support of Secretary of
the Natural Resources Agency................. 2,655,000
Schedule:
(1) 0320-Administration of
Natural Resources Agency... 2,655,000
Provisions:
1. Of the funds appropriated in this
item, $2,500,000 shall be available
for a contract or grant to support
monitoring of marine protected areas.
SEC. 9. Item 0540-001-0140 of Section 2.00 of the
Budget Act of 2015 is amended to read:
0540-001-0140--For support of Secretary of
the Natural Resources Agency, payable from
the California Environmental License Plate
Fund.......................................... 2,903,000
4,203,000
Schedule:
(1) 0320-Administration of
Natural Resources Agency.... 3,501,000
4,801,000
(2) Reimbursements to 0320-
Administration of Natural
Resources Agency............ -598,000
SEC. 10. Item 0540-001-6076 of Section 2.00 of the
Budget Act of 2015 is amended to read:
0540-001-6076--For support of Secretary of
the Natural Resources Agency, payable from
the California Ocean Protection Trust Fund... 9,555,000
600,000
Schedule:
(1) 0320-Administration of
Natural Resources Agency... 9,555,000
600,000
Provisions:
2. Notwithstanding any other provision
of law, the funds appropriated in
this item shall be available for
allocation until June 30, 2017, and
available for encumbrance and
liquidation by the recipient local
agency until June 30, 2020.
SEC. 11. Item 0540-490 is added to Section 2.00 of
the Budget Act of 2015 , to read:
0540-490--Reappropriation, Secretary of the
Natural Resources Agency. The amount specified
in the following citation is reappropriated
for the purposes provided for in that
appropriation and shall be available for
encumbrance or expenditure until June 30, 2017:
0140--California Environmental License
Plate Fund
(1) $2,500,000 in Item 0540-001-0140,
Budget Act of 2014 (Chs. 25 and 663,
Stats. 2014)
SEC. 12. Item 0552-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
0552-001-0001--For support of Office of the
Inspector General............................. 22,736,000
21,568,000
Schedule:
(1) 0330-Office of the
Inspector General...... 22,736,000
21,568,000
SEC. 13. Item 0650-001-9750 of Section 2.00 of the
Budget Act of 2015 is repealed.
0650-001-9750--For support of Office of
Planning and Research, payable form the
Office of New Americans Fund................ 1,000
Schedule:
(1) 0360-State Planning and
Policy Development......... 1,000
SEC. 14. Item 0650-101-0001 is added to Section
2.00 of the Budget Act of 2015 , to read:
0650-101-0001--For local assistance, Office
of Planning and Research ..................... 5,000,000
Schedule:
(1) 0360-State Planning and
Policy Development.......... 5,000,000
SEC. 15. Item 0690-101-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
0690-101-0001--For local assistance, Office
of Emergency Services......................... 23,671,000
21,671,000
Schedule:
(1) 0385-Special Programs
and Grant Management... 23,671,000
21,671,000
Provisions:
1. Notwithstanding any other provision
of law, the Office of Emergency
Services may provide advance
payment of up to 25 percent of
grant funds awarded to community-
based, nonprofit organizations,
cities, school districts, counties,
and other units of local government
that have demonstrated cashflow
problems according to the criteria
set forth by the Office of
Emergency Services.
SEC. 16. Item 0690-101-3034 is added to Section
2.00 of the Budget Act of 2015 , to read:
0690-101-3034--For local assistance, Office
of Emergency Services, payable from the
Antiterrorism Fund ........................... 2,000,000
Schedule:
(1) 0385-Special Programs and
Grant Management............ 2,000,000
SEC. 17. Item 2240-104-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
2240-104-0001--For local assistance,
Department of Housing and Community 19,975,00
Development ................................. 0
3,500,000
Schedule:
(1) 1665-Financial Assistance 19,975,00
Program....................
3,500,00 0
Provisions:
1. Of the funds
appropriated in this
item, $12,000,000 shall be expended
for the Joe Serna, Jr. Farmworker
Housing Grant Program (Chapter 3.2
(commencing with Section 50515.2) of
Part 2 of Division 31 of the Health
and Safety Code).
2. Of t T he funds appropriated in
this item
item, $3,750,000 shall be expended
for the Office of
for the Office of Migrant Services
(Chapter 8.5
(Chapter 8.5 (commencing with
(commencing with Section 50710) of Part
2 of
Division
31 of the Health and Safety Code).
3. Of the funds appropriated in
this item, $4,000,000 shall be
expended for the California Self-
Help Housing Program (Chapter 7.5
(commencing with Section 50690) of
Part 2 of Division 31 of the Health
and Safety Code).
4. Of the funds
appropriated in this
item, $225,000 is for distribution
to the Napa County Farmworker
Housing Center.
SEC. 18. Item 2660-101-3228 of Section 2.00 of the
Budget Act of 2015 is repealed.
2660-101-3228--For local assistance,
Department of Transportation, payable from
the Greenhouse Gas Reduction Fund............ 64,999,000
Schedule:
(1) 1840019-State and
Federal Mass Transit.. 64,999,000
Provisions:
1. Funds appropriated in this item
shall be available for the
Transit and Intercity Rail
Capital Program for allocation by
the California Transportation
Commission until June 30, 2017,
and available for encumbrance and
liquidation until June 30, 2021.
2. Notwithstanding any other law,
funds appropriated in this item
may be transferred to Item 2660-
301-3228. These transfers shall
require the prior approval of the
Department of Finance.
SEC. 19. Item 2660-108-3228 of Section 2.00 of the
Budget Act of 2015 is repealed.
2660-108-3228--For local assistance,
Department of Transportation, Active
Transportation Program (ATP), payable from
the Greenhouse Gas Reduction Fund............ 25,000,000
Schedule:
(1) 1835020-Local
Assistance............ 25,000,000
Provisions:
1. Funds appropriated in this item
shall be available for allocation
by the California Transportation
Commission until June 30, 2018,
and available for encumbrance and
liquidation until June 30, 2022.
2. Notwithstanding any other
provision of law, funds
appropriated in this item shall
be distributed to projects
competitively awarded by the
California Transportation
Commission on a statewide basis.
SEC. 20. Item 2660-301-3228 of Section 2.00 of the
Budget Act of 2015 is repealed.
2660-301-3228--For capital outlay, Department
of Transportation, payable from the
Greenhouse Gas Reduction Fund................. 1,000
Schedule:
(1) 1840019-State and Federal
Mass Transit................. 1,000
Provisions:
1. Funds appropriated in this item shall
be available for the Transit and
Intercity Rail Capital Program for
allocation by the California
Transportation Commission until June
30, 2017, and available for
encumbrance and liquidation until
June 30, 2021.
2. Notwithstanding any other law, funds
appropriated in this item may be
transferred to Item 2660-101-3228.
These transfers shall require the
prior approval of the Department of
Finance.
SEC. 21. Item 2665-001-3228 of Section 2.00 of the
Budget Act of 2015 is repealed.
2665-001-3228--For support of High-Speed Rail
Authority, payable from the Greenhouse Gas
Reduction Fund................................ 103,000
Schedule:
(1) 1970-Administration.......... 103,000
Provisions:
1. Funds appropriated in this item shall
count toward the share of annual
proceeds continuously appropriated to
the High-Speed Rail Authority, as
specified in paragraph (2) of
subdivision (b) of Section 39719 of
the Health and
Safety Code.
SEC. 22. Item 3110-001-0001 of Section 2.00 of the
Budget Act of 2015 is repealed.
3110-001-0001--For support of Special
Resources Program........................... 325,000
Schedule:
(1) 2320-Tahoe Regional
Planning Agency............ 325,000
SEC. 23. Item 3110-001-0286 is added to Section
2.00 of the Budget Act of 2015 , to read:
3110-001-0286--For support of Special
Resources Program, payable from the Lake
Tahoe Conservancy Account .................... 325,000
Schedule:
(1) 2320-California Tahoe
Regional Planning Agency..... 325,000
Provisions:
1. Notwithstanding any other provision
of law, funds appropriated in this
item shall be used for monitoring,
analysis, and preparation of the
Threshold Evaluation Report by the
California Tahoe Regional Planning
Agency.
SEC. 24. Item 3540-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
3540-001-0001--For support of Department
of Forestry and Fire Protection............ 688,925,000
687,950,000
Schedule:
(1) 2460-Office of the
State Fire Marshal... 12,310,000
(2) 2465-Fire Protection. 1,099,788,00
1,098,813,00
0
(3) 2470-Resource
Management........... 12,677,000
(4) 2475-Board of
Forestry and Fire
Protection........... 468,000
(5) 2480-Department of
Justice Legal
Services............. 5,429,000
(6) 9900100-
Administration....... 82,394,000
(7) 9900200-
Administration--
Distributed.......... -82,394,000
(8) Reimbursements to
2460-Office of the
State Fire Marshal... -9,956,000
(9) Reimbursements to
2465-Fire Protection. -430,464,000
(10) Reimbursements to
2470-Resource
Management........... -1,327,000
(11) Reimbursements to
9900100-
Administration....... 1,583,000
(12) Reimbursements to
9900200-
Administration-
-Distributed......... -1,583,000
Provisions:
1. Notwithstanding any other
provision of law, the Director of
Finance may authorize the
temporary or permanent
redirection of funds from this
item for purposes of emergency
fire suppression and detection
costs and related emergency
refutation costs.
2. Notwithstanding any other
provision of law, the Director of
Finance may authorize a loan from
the General Fund, in an amount
not to exceed 45 percent of
reimbursements appropriated in
this item, to the Department of
Forestry and Fire Protection,
provided that:
(a) The loan is to meet cash
needs resulting from the
delay in receipt of
reimbursements for
services provided.
(b) The loan is for a short
term and shall be repaid
by September 30 of the
fiscal year following
that in which the loan
was authorized.
(c) Interest charges may be
waived pursuant to
subdivision (e) of
Section 16314 of the
Government Code.
(d) Within 10 days after
approval, the Director of
Finance shall notify the
Joint Legislative Budget
Committee of the loan
approved pursuant to this
provision.
3. The Director of Finance may
adjust amounts in Schedule (2) to
provide equivalent fire
protection base funding changes
to contract counties in
accordance with Section 4130 of
the Public Resources Code.
4. Notwithstanding any other
provision of law, the Director of
Finance may authorize a loan from
the General Fund to the
Department of Forestry and Fire
Protection to meet cash needs
resulting from the delay in
receipt of revenues into the
State Responsibility Area Fire
Prevention Fund, provided that:
(a) The loan is for a short
term and shall be repaid
by December 31 of the
fiscal year following
that in which the loan
was authorized.
(b) Interest charges may be
waived pursuant to
subdivision (e) of
Section 16314 of the
Government Code.
(c) The Director of Finance
shall not approve the
loan unless the approval
is made in writing and
filed with the
Chairperson of the Joint
Legislative Budget
Committee and the
chairpersons of the
committees in each house
of the Legislature that
consider appropriations
not later than 30 days
prior to the effective
date of the approval, or
not later than whatever
lesser time prior to that
date the chairperson of
the joint committee, or
his or her designee, may
determine.
5. The Department of General
Services, with the consent of the
Department of Forestry and Fire
Protection, may enter into a
lease, lease-purchase agreement,
or lease with a purchase option,
with Riverside County for build-
to-suit facilities to replace the
Hemet-Ryan Air Attack Base,
subject to Department of Finance
approval. The agreement may
contain one or more purchase
options during the term of the
agreement. Thirty days prior to
approving any agreement pursuant
to this provision, the Department
of Finance 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.
6. Notwithstanding any other
provision of law, the funds
appropriated in this item for
purposes of Division 10.5
(commencing with Section 12200)
of the Public Resources Code
shall be available for purposes
of support or capital outlay.
7. Notwithstanding any other
provision of law, the Director of
Finance may adjust this item for
the direct and indirect cost
reimbursements received pursuant
to Sections 4142 and 4144 of the
Public Resources Code. Any
increase shall occur no sooner
than 30 days after notification
in writing of the necessity of
the increase to the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time after notification the
Chairperson of the Joint
Legislative Budget Committee, or
his or her designee, may in each
instance determine.
8. Notwithstanding any other
provision of law, the Department
of Forestry and Fire Protection
may provide contractual services
pursuant to Sections 4142 and
4144 of the Public Resources Code
without an executed agreement
from July to September of each
fiscal year to better align
contract start times with the
budget process and to finalize
staff benefit rates that are
dependent upon actions by the
Public Employees' Retirement
System and passage of the annual
Budget Act.
9. The Department of Forestry and
Fire Protection may contract with
the Department of General
Services for environmental
consultation or planning.
10. The Department of Finance may
authorize the transfer of an
amount from this item to Item
3540-101-3228 in order to
implement fire risk reductions,
forest health activities, and
urban forestry projects. Within
10 days after approval, the
Director of Finance shall notify
the Joint Legislative Budget
Committee of the transfer
approved pursuant to this
provision and shall include a
detail of the change in program
delivery and the conditions
necessitating the change.
12. The amount appropriated in this
item includes revenues derived
from the assessment of fines and
penalties imposed as specified in
Section 13332.18 of the
Government Code.
13. Notwithstanding any other
provision of law or
administrative procedure, the
Department of Forestry and Fire
Protection may use up to $1.7
million for any mandated or
required building code
compliance, including, but not
limited to, fire and life safety
maintenance activities necessary
to make the Magalia Conservation
Camp facility habitable for
California Conservation Corps
members. This amount is available
for encumbrance until June 30,
2017.
SEC. 25. Item 3600-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
3600-001-0001--For support of Department of
Fish and Wildlife............................. 75,193,000
67,193,000
Schedule:
(1) 2590-Biodiversity
Conservation Program... 28,258,000
(2) 2595-Hunting, Fishing,
and Public Use Program. 8,963,000
(3) 2600-Management of
Department Lands and
Facilities............. 9,777,000
1,777,000
(4) 2605-Enforcement....... 26,917,000
(5) 2610-Communications,
Education and Outreach. 347,000
(6) 2615-Spill Prevention
and Response........... 265,000
(7) 2620-Fish and Game
Commission............. 666,000
SEC. 26. Item 3640-311-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
3640-311-0001--For transfer by the
Controller from the General Fund to the
Habitat Conservation Fund.................. 16,773,000
Provisions:
1. The funds transferred in this
item shall be used for
purposes consistent with the
requirements of the Habitat
Conservation Fund.
2. Upon approval by the
Department of Finance, the
amount transferred by this
item may be adjusted to
reflect the requirements of
subdivision (a) of Section
2796 of the Fish and Game Code.
3. Of the amount appropriated in
this item, $3,000,000 shall be
used for riparian restoration
projects along Chollas Creek.
SEC. 27. Item 3640-401 is added to Section 2.00 of
the Budget Act of 2015 , to read:
3640-401--Of the amount appropriated
pursuant to paragraph (1) of subdivision
(b) of Section 75055 of the Public
Resources Code, $5,000,000 shall be used
for restoration of riparian habitat and
wetlands projects along the Los Angeles
River.
SEC. 28. Item 3640-402 is added to Section 2.00 of
the Budget Act of 2015 , to read:
3640-402--Of the amount appropriated
pursuant to subdivision (a) of Section
79572 of the Water Code, $20,000,000
shall be used for restoration of riparian
habitat and wetlands projects along the
Los Angeles River.
SEC. 29. Item 3640-494 is added to Section 2.00 of
the Budget Act of 2015 , to read:
3640-494--Reappropriation, Wildlife
Conservation Board. The amount specified in
the following citation is reappropriated for
the purposes provided for in those
appropriations and shall be available for
transfer upon the order of the Director of
Finance until June 30, 2020.
0001--General Fund
(1) Item 3640-311-0001, Budget
Act of 2014 (Chs. 25 and
663, Stats. 2014).......... 3,000,000
Provisions:
1. The funds reappropriated in this
item shall be used to fund the
restoration of riparian habitat
along Chollas Creek.
SEC. 30. Item 3720-001-8029 of Section 2.00 of the
Budget Act of 2015 is repealed.
3720-001-8029--For support of California
Coastal Commission, payable from the
Coastal Trust Fund.......................... 500,000
Schedule:
(1) 2730-Coastal Management
Program.................... 500,000
SEC. 31. Item 3760-001-8029 of Section 2.00 of the
Budget Act of 2015 is repealed.
3760-001-8029--For support of State Coastal
Conservancy, payable from the Coastal Trust
Fund........................................ 200,000
Schedule:
(1) 2790-Coastal Conservancy
Programs................... 200,000
SEC. 32. Item 3760-101-8029 of Section 2.00 of the
Budget Act of 2015 is repealed.
3760-101-8029--For local assistance, State
Coastal Conservancy, payable from the Coastal
Trust Fund.................................... 1,300,000
Schedule:
(1) 2805032-Conservancy
Programs.................... 1,300,000
SEC. 33. Item 3790-001-0392 of Section 2.00 of the
Budget Act of 2015 is amended to read:
3790-001-0392--For support of Department of
Parks and Recreation, payable from the
State Parks and Recreation Fund............. 168,560,000
171,867,000
Schedule:
(1) 2840-Support of the
Department of Parks
and Recreation........ 196,525,000
199,832,000
(2) Reimbursements to
2840-Support of the
Department of Parks
and Recreation........ -27,965,000
Provisions:
1. It is the intent of the
Legislature that salaries, wages,
operating expenses, and positions
associated with implementing
specific Department of Parks and
Recreation capital outlay projects
continue to be funded through
capital outlay appropriations, and
that these funds should also be
reflected in the
department's state operations
budget in the Governor's Budget as
a special item of expense
reflecting the funding provided
from the capital outlay
appropriations.
2. Notwithstanding any other
provision of law, the Director of
Finance may authorize a loan from
the General Fund, in an amount not
to exceed 35 percent of
reimbursements appropriated in
this item to the Department of
Parks and Recreation, provided
that:
(a) The loan is to meet cash
needs resulting from the
delay in receipt of
reimbursements for
services provided.
(b) The loan is for a short
term and shall be repaid
by September 30, 2016.
(c) Interest charges may be
waived pursuant to
subdivision (e) of Section
16314 of the Government
Code.
(d) The Director of Finance
may not approve the loan
unless the approval is
made in writing and filed
with the Chairperson of
the Joint Legislative
Budget Committee and the
chairpersons of the
committees in each house
of the Legislature that
consider appropriations
not later than 30 days
prior to the effective
date of the approval, or
not later than whatever
lesser time prior to that
effective date that the
chairperson of the joint
committee, or his or her
designee, may determine.
3. The Department of Parks and
Recreation is authorized to enter
into a contract for fee collection
and other services required by the
department with a cooperative
association that has and will
continue to fund state employees
on an ongoing basis.
SEC. 34. Item 3790-001-0942 is added to Section
2.00 of the Budget Act of 2015 , to read:
3790-001-0942--For Support, Department of
Parks and Recreation, payable from the Special
Deposit Fund .................................. 1,600,000
Provisions:
1. Funds appropriated in this item shall
be for making necessary renovations to
the Historic Governor's Mansion in
Sacramento pursuant to Section 8174 of
the Government Code and are available
for encumbrance until June 30, 2018.
SEC. 35. Item 3790-301-0392 of Section 2.00 of the
Budget Act of 2015 is amended to read:
3790-301-0392--For capital outlay, Department
of Parks and Recreation, payable from the State 5,950,0
Parks and Recreation Fund....................... 00
678,000
Schedule:
(0.5) 0000225-Leo Carrillo
SP: Steelhead Trout
Barrier Removal-
-Construction........... 351,000
(0.8) 0000764-Border Field
SP: Public Use
Improvements-
-Preliminary plans,
working drawings, and
construction............ 5,950
678 ,000
(1) 0000698-Mendocino
Headlands SP: Big River
Watershed Restoration--
Preliminary plans,
working drawings, and
construction............ 1,741,000
(1.5) Reimbursements to
0000225-Leo Carrillo
SP: Steelhead Trout
Barrier Removal-
-Construction........... -351,000
(2) Reimbursements to
0000698-Mendocino
Headlands SP: Big River
Watershed Restoration--
Preliminary plans,
working drawings, and
construction............ -1,741,000
Provisions:
1. Notwithstanding any other provision
of law, the funds appropriated in
Schedule (0.8) shall be available
for expenditure until June 30, 2020.
1. It is the intent of the Legislature
that the future phases of the
project in Schedule (0.8) be funded
with the balance of the funds
received from the settlement of the
federal condemnation of property at
the Border Field State Park.
SEC. 36. Item 3820-001-8029 of Section 2.00 of the
Budget Act of 2015 is repealed.
3820-001-8029--For support of San Francisco
Bay Conservation and Development
Commission, payable from the Coastal Trust
Fund........................................ 500,000
Schedule:
(1) 2980-Bay Conservation and
Development................ 500,000
SEC. 37. Item 3860-001-6052 of Sect ion
2.00 of the Budget Act of 2015 is amended to
read:
3860-001-6052--For support of Department
of Water Resources, payable from the
Disaster Preparedness and Flood
Prevention Bond Fund of 2006.............. 192,795,000
Schedule:
(1) 3230-Continuing
Formulation of the
California Water
Plan................ 6,929,000
(2) 3245-Public Safety
and Prevention of
Damage.............. 182,054,000
(3) 3250-Central Valley
Flood Protection
Board............... 3,812,000
Provisions:
1. The amounts appropriated in this
item shall be transferred to the
Water Resources Revolving Fund
(0691) for direct expenditure in
such amounts as the Department
of Finance may authorize,
including cooperative work with
other agencies.
2. The amounts appropriated in this
item shall be available for
encumbrance or expenditure until
June 30, 2020, and available for
liquidation until June 30, 2023.
3. The Department of Water
Resources may transfer amounts
appropriated in this item to
other Department of Water
Resources flood protection-
related major capital outlay
projects and local assistance
items with an active
appropriation, as necessary for
the FloodSAFE initiative.
4. Of the funds appropriated by
this item, $30,000,000 shall be
transferred from the Department
of Water Resources to the Santa
Monica Mountains Conservancy for
acquisition and improvement of a
multi-benefit flood protection
project on the Lost Angeles
River contiguous to existing
public land and identified in
the plan for the upper Los
Angeles River Watershed pursuant
to Section 79508 of the Water
Code.
5. Prior to expending funds
pursuant to Provision 4 on a
project to be jointly funded by
two or more public agencies, a
memorandum of understanding or
other agreement, including an
agreement pursuant to Section
6502 of the Government Code,
shall be entered into by the
respective parties concerning:
(a) provision for immediate
flood protection and
environmental enhancement of
lands adjoining the river; (b) a
joint planning process for the
long-term restoration and
improvement of the property, and
(c) provision that the State
shall have no liability for
environmental remediation.
6. The executive director of the
Santa Monica Mountains
Conservancy shall give not less
than 30 days notice to the
chairperson of the Joint
Legislative Budget Committee and
the chairpersons of the policy
committees of each house of
the Legislature of the terms and
conditions of any grant proposed
to be awarded pursuant to
Provision 4.
7. Of the funds appropriated in
this item, $6,000,000 is
available for allocation to a
city for the restoration of
Chollas Creek.
SEC. 38. Item 3900-001-0462 is added to Section
2.00 of the Budget Act of 2015 , to read:
3900-001-0462--For support of State Air
Resources Board, payable from the Public
Utilities Commission Utilities
Reimbursement Account ...................... 335,000
Schedule:
(1) 3510-Climate Change........ 335,000
SEC. 39. Item 3900-101-3228 of Section 2.00 of the
Budget Act of 2015 is repealed.
3900-101-3228--For local assistance,
State Air Resources Board, payable from
the Greenhouse Gas Reduction Fund......... 197,266,000
Schedule:
(1) 3510-Climate Change. 197,266,000
Provisions:
1. Notwithstanding Section 16304.1
of the Government Code, the
funds appropriated in this item
shall be available for
encumbrance until June 30, 2018,
and be available for liquidation
of encumbrances until June 30,
2021.
SEC. 40. Item 3940-001-0890 of Section 2.00 of the
Budget Act of 2015 is amended to read:
3940-001-0890--For support of State Water
Resources Control Board, payable from the
Federal Trust Fund............................ 47,155,000
48,655,000
Schedule:
(1) 3560-Water Quality..... 41,005,000
(2) 3565-Drinking Water
Quality................ 5,912,000
7,412,000
(3) 3570-Water Rights...... 238,000
(4) 9900100-Administration. 2,876,000
(5) 9900200-Administration-
-Distributed........... -2,876,000
SEC. 41. Item 3970-101-3228 of Section 2.00 of the
Budget Act of 2015 is repealed.
3970-101-3228--For local assistance,
Department of Resources Recycling and
Recovery,
payable from the Greenhouse Gas
Reduction Fund................................ 19,416,000
Schedule:
(1) 3700-Waste
Reduction and
Management............. 19,416,000
Provisions:
1. Notwithstanding subdivision (a) of
Section 1.80, funds appropriated in
this item shall be available for
expenditure until June 30, 2018.
2. Notwithstanding Section 16304.1 of
the Government Code, funds
appropriated in this item shall be
available for liquidation of
encumbrances until June 30, 2020.
SEC. 42. Item 4170-101-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
4170-101-0001--For local assistance,
California Department of Aging................ 31,652,000
27,652,000
Schedule:
(1) 3890-Nutrition......... 7,068,000
(2) 3900-Supportive
Services............... 5,066,000
1,066,000
(3) 3905-Community-Based
Programs and Projects.. 4,493,000
(4) 3910-Medi-Cal Programs. 20,232,000
(5) Reimbursements to 3900-
Supportive Services.... -66,000
(6) Reimbursements to 3905-
Community-Based
Programs and Projects.. -4,493,000
(7) Reimbursements to 3890-
Nutrition.............. -648,000
Provisions:
1. Notwithstanding Section 26.00, the
Department of Finance, upon
notification by the California
Department of Aging, may authorize
transfers between Program 3890-
Nutrition and Program 3900-
Supportive Services in response to
budget revisions submitted by the
area agencies on aging.
2. Of the funds appropriated in this
item, the Controller shall, upon
enactment of this act, reimburse
the amount specified in Program
3910-Medi-Cal Programs to the State
Department of Health Care Services
for support of the Multipurpose
Senior Services Program.
SEC. 43. Item 4260-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
4260-001-0001--For support of State
Department of Health Care Services.......... 178,077,000
176,877,000
Schedule:
(1) 3960-Health Care
Services.............. 206,133,000
204,933,000
(2) 9900100-
Administration........ 37,941,000
(3) 9900200-
Administration--
Distributed........... -37,941,000
(4) Reimbursements to
3960-Health Care
Services.............. -28,056,000
Provisions:
1. Effective February 1, 2009, the
State Department of Health Care
Services shall report biennially
in writing on the results of the
additional positions established
under the 2003 Medi-Cal Anti-Fraud
Initiative to the chairpersons of
the committees in each house of
the Legislature that consider
appropriations and the Chairperson
of the Joint Legislative Budget
Committee. The report shall
include the results of the most
recently completed biennial error
rate study and random claim
sampling process, the number of
positions filled by division, and,
for each of the components of the
initiative, the amount of savings
and cost avoidance achieved and
estimated, the number of
providers sanctioned, and the
number of claims and beneficiary
records reviewed.
2. The State Department of Health
Care Services shall provide a
quarterly accounting of
expenditures associated with the
8.0 audit positions for the
Targeted Case Management Program
identified in the Budget Act of
2010 (Ch. 712, Stats. 2010). The
department shall make the
quarterly accounting of
expenditures available to
designated representatives of the
local government agencies not
later than the last day of the
third quarter of the 2010-11
fiscal year, and on the last day
of each subsequent quarter
thereafter.
3. (a) The State Department of
Health Care Services shall
withhold 1 percent of
reimbursements to local
educational agencies
(LEAs) for the purpose of
funding the work and
related administrative
costs associated with the
audit resources approved
in the Budget Act of 2010
(Ch. 712, Stats. 2010) to
ensure fiscal
accountability of the LEA
Medi-Cal Billing Option
Program and to comply with
the California Medi-Cal
State Plan. The withhold
percentage shall be
applied to funds paid to
LEAs for health services
based upon the date of
payment, and excluding
cost settlement payments.
Moneys collected as a
result of the reduction in
federal Medicaid payments
allocable to LEAs shall be
deposited into a special
deposit fund account,
which shall be established
by the department. The
department shall return
all unexpended funds in
the special deposit fund
account proportionately to
all LEAs that contributed
to the account, during the
second quarter of the
subsequent fiscal year.
The annual amount withheld
shall not exceed $650,000,
but may be adjusted
with approval of the LEA
Medi-Cal billing entities.
(b) The department shall
provide a quarterly
accounting of expenditures
made from the special
deposit fund account. The
department shall make the
quarterly accounting of
expenditures available to
the public not later than
the last day of the third
quarter of the 2010-11
fiscal year, and on the
last day of each
subsequent quarter
thereafter.
4. Of the funds appropriated in this
item, $224,000 shall be used to
support the system changes
necessary to implement federal
health care reform. These funds
are not authorized for expenditure
until approved by the Director of
Finance. The Director of
Finance shall provide notification
in writing to the Joint
Legislative Budget Committee of
any expenditure approved under
this provision not less than 30
days prior to the effective date
of the approval. This 30-day
notification shall include a plan
for the system changes necessary
to implement the requirements of
the federal Patient Protection and
Affordable Care Act (P.L. 111-148).
5. Of the funds appropriated in
Schedule (1), $1,162,000 may not
be expended until the Centers for
Medicare and Medicaid Services
approval is received for the Drug
Medi-Cal Organized Delivery System
1115 Demonstration Waiver.
6. Of the funds appropriated in this
item, up to $1,000,000 shall be
used for research to determine the
feasibility of a capped program
that would provide medical
assistance to individuals 19 years
of age or older who do not have
satisfactory immigration status or
are unable to establish
satisfactory immigration status,
as required by Section 14011.2 of
the Welfare and Institutions Code.
SEC. 44. Item 4260-101-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
4260-101-0001--For local assistance,
State Department of Health Care
Services, California Medical Assistance
Program, payable from the Health Care
Deposit Fund after transfer from the
General Fund............................. 17,328,587,000
17,216,506,000
Schedule:
(1) 3960014-Eligibility
(County
Administration)..... 772,801,000
(2) 3960018-Fiscal
Intermediary
Management.......... 151,826,000
(3) 3960022-Benefits
(Medical Care and 21,645,897,0
Services)........... 0
21,533,816, 0
00
(4) Reimbursements to
3960014-Eligibility
(County
Administration)..... -3,217,000
(5) Reimbursements to
3960018-Fiscal
Intermediary
Management.......... 0
(6) Reimbursements to
3960022-Benefits
(Medical Care and -5,238,720,0
Services)........... 00
Provisions:
1. The aggregate principal amount
of disproportionate share
hospital general obligation debt
that may be issued in the
current fiscal year pursuant to
subparagraph (A) of paragraph
(2) of subdivision (f) of
Section 14085.5 of the Welfare
and Institutions Code shall be
$0.
2. Notwithstanding any other
provision of law, both the
federal and nonfederal shares of
any moneys recovered for
previously paid health care
services, provided pursuant to
Chapter 7 (commencing with
Section 14000) of Part 3
of Division 9 of the Welfare and
Institutions Code, are hereby
appropriated and shall be
expended as soon as practicable
for medical care and services as
defined in the Welfare and
Institutions Code.
3. Notwithstanding any other
provision of law, accounts
receivable for recoveries as
described in Provision 2 shall
have no effect upon the positive
balance of the General Fund or
the Health Care Deposit Fund.
Notwithstanding any other
provision of law, moneys
recovered as described in this
item that are required to be
transferred from the Health Care
Deposit Fund to the General Fund
shall be credited by the
Controller to the General Fund
without regard to the
appropriation from which it was
drawn.
4. Without regard to fiscal year,
the General Fund shall make one
or more loans available not to
exceed a cumulative total of
$45,000,000 to be transferred as
needed to the Health Care
Deposit Fund to meet cash needs.
All moneys so transferred shall
be repaid as soon as sufficient
reimbursements have been
collected to meet immediate cash
needs and in installments as
reimbursements accumulate if the
loan is outstanding for more
than one year.
5. Notwithstanding any other
provision of law, the State
Department of Health Care
Services may give public notice
relative to proposing or
amending any rule or regulation
that could result in increased
costs in the Medi-Cal program
only after approval by the
Department of Finance.
Additionally, any rule or
regulation adopted by the State
Department of Health Care
Services and any communication
that increases costs in the Medi-
Cal program shall be effective
only after the date upon which
it is approved by the Department
of Finance.
6. Of the funds appropriated in
this item, up to $50,000 may be
allocated for attorney's fees
awarded pursuant to state or
federal law without prior
notification to the Legislature.
Individual settlements
authorized under this provision
shall not exceed $5,000. The
semiannual estimates of Medi-Cal
expenditures due to the
Legislature in January and May
shall reflect attorney's fees
paid 15 or more days prior to
the transmittal of the estimate.
The semiannual estimates of Medi-
Cal expenditures provided to the
Legislature in January and May
may constitute the notification
required by this provision.
7. Change orders to the medical or
the dental fiscal intermediary
contract for amounts exceeding a
total cost of $250,000 shall be
approved by the Department of
Finance not sooner than 30 days
after written notification of
the change order is provided to
the chairpersons of the fiscal
and policy committees in each
house of the Legislature and to
the Chairperson of the Joint
Legislative Budget Committee, or
not sooner than whatever lesser
time after that notification as
the chairperson of the joint
committee, or his or her
designee, may determine. The
semiannual estimates of Medi-Cal
expenditures provided to the
Legislature in January and May
may constitute the notification
required by this provision.
8. Recoveries of advances made to
counties in prior years pursuant
to Section 14153 of the Welfare
and Institutions Code are
reappropriated to the Health
Care Deposit Fund for
reimbursement of those counties
where allowable costs exceeded
the amounts advanced. Recoveries
in excess of the amounts
required to fully reimburse
allowable costs shall be
transferred to the General Fund.
When a projected deficiency
exists in the California Medical
Assistance Program, these funds,
subject to notification to the
Chairperson of the Joint
Legislative Budget Committee,
are appropriated and shall be
expended as soon as practicable
for the state's share of
payments for medical care and
services, county administration,
and fiscal intermediary services.
9. The Department of Finance may
transfer funds representing all
or any portion of any
estimated savings that are a
result of improvements in the
Medi-Cal claims processing
procedures from the Medi-Cal
services budget or the support
budget of the State Department
of Health Care Services (Item
4260-001-0001) to the fiscal
intermediary budget item for
purposes of making improvements
to the Medi-Cal claims system.
10. Notwithstanding any other
provision of law, the Department
of Finance may authorize the
transfer of expenditure
authority between Schedules (1),
(2), and (3) of this item and
between this item and Items 4260-
102-0001, 4260-111-0001, 4260-
113-0001, and 4260-117-0001 in
order to effectively administer
the programs funded in these
items. The Department of Finance
shall notify the Legislature
within 10 days of authorizing
such a transfer unless prior
notification of the transfer has
been included in the Medi-
Cal estimates submitted pursuant
to Section 14100.5 of the
Welfare and Institutions Code.
The 10-day notification to the
Legislature shall include the
reasons for the transfer, the
fiscal assumptions used in
calculating the transfer amount,
and any potential fiscal effects
on the program from which funds
are being transferred or for
which funds are being reduced.
11. If a federal grant that provides
75 percent federal financial
participation to allow
individuals in nursing homes to
voluntarily move into a
community setting and still
receive the same amount of
funding for services is awarded
to the State Department of
Health Care Services during the
current fiscal year, then,
notwithstanding any other
provision of law, the department
may count expenditures from the
appropriation made to this item
as state matching funds for that
grant.
12. Notwithstanding any other
provision of law, the Director
of Finance may authorize an
increase to this appropriation
to address costs resulting from
adverse court rulings. The
Department of Finance shall
provide a 30-day notice of any
proposed increase to the
Legislature. The notification
shall include the specifics of
any cases with adverse rulings
and the overall fiscal impact.
Submission of the semiannual
Medi-Cal estimate provided to
the Legislature in January and
May shall be considered meeting
the notification requirement of
this provision if the required
information is included in the
estimate.
13. The Department of Finance may
authorize the transfer of
expenditure authority from
Schedule (2) of Item 4300-101-
0001 to this item to support the
transition of current Medi-Cal
eligible regional center clients
receiving behavioral health
treatment services pursuant to
Section 14132.56 of the Welfare
and Institutions Code upon
completion of the statewide
transition plan.
The Director of Finance shall
provide notification to the
Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less
than 30 days prior to the
effective date of the approval.
The 30-day notification shall
include a description of the
transfer, including the number
of children per regional center
affected, the average cost of
behavioral health treatment
services for a regional center
consumer, and the average cost
of behavioral health treatment
services for a Medi-Cal
enrollee, and assumptions used
in calculating the amount of
expenditure authority to be
transferred.
14. Notwithstanding any other law,
the Department of Finance may
authorize the transfer of
expenditure authority from
Schedules (2) and (3) of this
item and Items 4260-102-0001,
4260-113-0001, and 4260-117-
0001, to Schedule (1) of this
item if additional savings are
identified. The Department of
Finance shall notify the Joint
Legislative Budget Committee
within 10 days of authorizing
such a transfer.
SEC. 45. Item 4260-101-0890 of Section 2.00 of the
Budget Act of 2015 is amended to read:
4260-101-0890--For local assistance,
State Department of Health Care
Services, payable from the Federal Trust
Fund..................................... 50,287,356,000
50,169,721,000
Schedule:
(1) 3960014-Eligibility
(County 2,964,301,00
Administration)..... 0
(2) 3960018-Fiscal
Intermediary
Management.......... 303,590,000
(3) 3960022-Benefits
(Medical Care and 47,019,465,0
Services)........... 46,901,830,0
Services)...........
00
Provisions:
1. Notwithstanding any other law,
the Department of Finance may
authorize the transfer of
expenditure authority between
this item and Items 4260-102-
0890, 4260-106-0890, 4260-111-
0890, 4260-113-0890, and 4260-
117-0890 in order to effectively
administer the programs funded
in these items. The Department
of Finance shall notify the
Legislature within 10 days of
authorizing such a transfer
unless prior notification of the
transfer has been included in
the Medi-Cal estimates submitted
pursuant to Section 14100.5 of
the Welfare and Institutions
Code. The 10-day notification to
the Legislature shall include
the reasons for the transfer,
the fiscal assumptions used in
calculating the transfer amount,
and any potential fiscal effects
on the program from which funds
are being transferred or for
which funds are being reduced.
2. (a) The Department of Finance
is authorized to approve
expenditures payable from
the Federal Trust Fund
(Item 4260-101-0890) in
those amounts made
necessary by changes in
either caseload or
payments.
(b) If the Department of
Finance determines that
the estimate of
expenditures will exceed
the expenditures
authorized for this item,
the department shall so
report to the
Legislature. At the time
the report is made, the
amount of the
appropriation made in
this item shall be
increased by the amount
of the excess unless and
until otherwise provided
by law.
SEC. 46. Item 4260-115-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
4260-115-0001--For local assistance, State
Department of Health Care Services............ 6,418,000
5,418,000
Schedule:
(1) 3960050-Other Care Services. 6,418,000
5,418,000
SEC. 47. Item 4260-116-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
4260-116-0001--For local assistance, State
Department of Health Care Services........... 35,700,000
33,900,000
Schedule:
(1) 3960050-Other Care
Services.............. 47,303,000
45,503,000
(2) Reimbursements to
3960050-Other Care
Services.............. -11,603,000
SEC. 48. Item 4260-118-0313 is added to Section
2.00 of the Budget Act of 2015 , to read:
4260-118-0313--For support of State
Department of Health Care Services, payable
from the Major Risk Medical Insurance Fund .. 4,500,000
Schedule:
(1) 3960-Health Care Services.. 4,500,000
Provisions:
1. Of the amount appropriated in
Schedule (1), up to $2,000,000 may
be allocated to Lifelong Medical
Care, and up to $2,500,000 may be
allocated to the Robert F. Kennedy
Health Plan.
SEC. 49. Item 4265-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
4265-001-0001--For support of State
Department of Public Health................ 69,981,000
68,525,000
Schedule:
(19) 4040-Public Health
Emergency
Preparedness........ 443,000
(20) 4045-Public and
Environmental
Health.............. 11 8 7
, 456 000
,000
(21) 4050-Licensing and
Certification....... 15,274,000
(22) 9900100-
Administration...... 35,980,000
(23) 9900200-
Administration-
-Distributed........ -35,980,000
(24) Reimbursements to
4045-Public and
Environmental
Health.............. -49,051,000
(25) Reimbursements to
4050-Licensing and
Certification....... -15,141,000
Provisions:
1. Except as otherwise prohibited
by law, the State Department of
Public Health shall promulgate
emergency regulations to adjust
the public health fees set by
regulation to an amount such
that, if the new fees were
effective throughout the 2015-16
fiscal year, the estimated
revenues would be sufficient to
offset at least 95 percent of
the approved program level
intended to be supported by
those fees. The General Fund
fees of the department that are
subject to the annual fee
adjustment pursuant to
subdivision (a) of Section
100425 of the Health and Safety
Code shall be increased by 10.46
percent. The special fund fees
of the department that are
subject to the annual fee
adjustment pursuant to
subdivision (a) of Section
100425 of the Health and Safety
Code may be increased by 10.46
percent only if the fund
condition statement for a fund
projects a reserve less than 10
percent of estimated
expenditures and the revenues
projected for the 2015-16 fiscal
year are less than the
appropriation contained in this
act.
2. Notwithstanding subdivision (b)
of Section 100450 of the Health
and Safety Code, departmental
fees that are subject to the
annual fee adjustment pursuant
to subdivision (a) of Section
100450 of the Health and Safety
Code shall not be increased for
the 2015-16 fiscal year. This
adjustment shall not be applied
to fees established by
subdivisions (f), (g), (m), and
(s) of Section 1300 of the
Business and Professions Code.
3. The State Department of Public
Health shall limit expenditures
in this item to implement the
Uniform Anatomical Gift Act (Ch.
829, Stats. 2000) to the amount
of actual fees collected from
tissue banks.
SEC. 50. Item 4265-111-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
4265-111-0001--For local assistance, State
Department of Public Health................ 48,787,000
45,143,000
Schedule:
(1.5) 4040-Public Health
Emergency
Preparedness........ 4,960,000
(2.5) 4045-Public and
Environmental
Health.............. 186,176,000
182,532,000
(3.5) Reimbursements to
4045-Public and
Environmental
Health.............. -142,349,000
Provisions:
1. The Office of AIDS in the State
Department of Public Health, in
allocating and processing
contracts and grants, shall
comply with the same
requirements that are
established for contracts and
grants for other public health
programs. Notwithstanding
any other provision of law, the
contracts or grants administered
by the Office of AIDS shall be
exempt from the Public Contract
Code and shall be exempt from
approval by the Department of
General Services prior to their
execution.
2. The appropriation in this item
for the Alzheimer's Research
Centers shall be used for direct
services, including, but not
limited to, diagnostic
screening, case management,
disease management, support for
caregivers, and related services
necessary for positive client
outcomes.
SEC. 51. Item 4300-101-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
4300-101-0001--For local assistance,
State Department of Developmental
Services, for Regional Centers........... 3,204,216,000
3,135,797,000
Schedule:
(1) 4140015-Operations.. 626,934,000
615,536,000
(2) 4140019-Purchase of 4,740,592,00
Services............
4,643,096,0 0
0
(3) 4140027-Early
Intervention
Program............. 143,000
(4) 4140031-Prevention
Program............. 2,003,000
(5) Reimbursements to
4140015-Operations.. -196,409,000
-192,137,000
(6) Reimbursements to
4140019-Purchase of -1,968,904,0
Services............ -1,932,701,0
Services............
00
(7) Reimbursements to
4140027-Early
Intervention
Program............. -143,000
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 or loans shall be made
available from the General Fund
to the State Department of
Developmental Services not to
exceed a cumulative total of
$395,000,000. 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.
All moneys so transferred shall
be repaid as soon as sufficient
reimbursements have been
collected to meet immediate cash
needs and in installments as
reimbursements accumulate if the
loan is outstanding for more
than one year.
3. 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).
4. Notwithstanding Section 26.00,
the Department of Finance may
authorize transfer of
expenditure authority from
Schedule (4) 4140031-Prevention
Program to Schedule (2) 4140019-
Purchase of Services to more
accurately reflect expenditures
in the Prevention and Early
Start Programs.
5. Upon order of the Department of
Finance, the Controller shall
5. The Department of Finance
may authorize a transfer up to
$2,800,000
between this item and Item 4300-
001-0001 in order to effectively
administer the Self-
Determination Program. The
Department of Finance may
authorize a transfer pursuant to
pursuant to this provision no
this provision no sooner than 30
days after
days after notification in writing
is
writing is provided to the
chairpersons
of
chairpersons of the fiscal
committees in
each
committees in each house of the
Legislature and the
Legislature and the Chairperson of
the Joint
of the Joint Legislative Budget
Committee of
Committee of the transfer, including
the
amount transferred, how the
including the amount transferred
was
transferred, how the amount
transferred was determined, and how
the amount
how the amount transferred will be
utilized.
be utilized.
6. The Department of Finance may
authorize the transfer of
expenditure authority from
Schedule (2) 4140019 Purchase of
Services to Item 4260-101-0001
to support the transition of
current Medi-Cal eligible
regional center consumers
receiving behavioral health
treatment services pursuant to
Section 14132.56 of the Welfare
and Institutions Code, upon
completion of the statewide
transition plan.
The Director of Finance shall
provide notification to the
Joint Legislative Budget
Committee of any transfer of
expenditure authority approved
under this provision not less
than 30 days prior to the
effective date of the approval.
The 30-day notification shall
include a description of the
transfer, including the number
of children per regional center
affected, the average cost of
behavioral health treatment
services for a regional center
consumer, the average cost of
behavioral health treatment
services for a Medi-Cal
enrollee, and assumptions used
in calculating the amount of
expenditure authority to be
transferred.
7. Utilizing the work of the Health
and Human Services Agency's
Developmental Services Task
Force and the State Department
of Developmental Services' Home
and Community-Based Services
Advisory Group, the department
shall report to the committees
in the Senate and Assembly that
consider the budget during the
2016-17 budget process on its
evaluation of the existing rate-
setting methodologies for
community-based services and
supports for persons with
developmental disabilities and
the regional center operations
budget core staffing formula.
The evaluation shall consider
all of the following:
(1) Supporting maximum federal
funding participation.
(2) Meeting the current and
future needs of persons with
developmental disabilities,
including, but not limited to,
those moving from developmental
centers.
(3) Ensuring that services and
supports provided are culturally
competent.
(4) Maximizing consumer choice,
including choice of providers
within a service category,
person-centered planning, and
integration in all aspects of
community life.
(5) Appropriate state and
federal law and regulation
requirements for caseload
ratios, staffing levels,
staffing competencies and
qualifications, prudent auditing
requirements, and other quality
control measures.
(6) Reasonable costs necessary
to sustainably provide quality
services and supports, including
statutory, regulatory, or
contractually required program
design components, including,
but not limited to, employee
wage and benefit requirements.
(7) Revised service codes that
more accurately reflect service
categories and improve the
ability of the department to
analyze and project expenditure
trends.
(8) Meeting the current and
future needs of consumers
through a cost-effective and
sustainable approach.
SEC. 52. Item 4440-011-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
4440-011-0001--For support of State
Hospitals, State Department of State
Hospitals................................ 1,534,825,000
1,537,001,000
Schedule:
(1) 4380010-Program
Administration...... 32,521,000
(2) 4380019-In-Patient 1,599,409,00
Services............
1,601,585,0 0
0
(3) 4380028-Conditional
Release............. 28,666,000
(4) 4385-Evaluation and
Forensic Services... 22,029,000
(5) 4390-Legal Services. 6,310,000
(6) Reimbursements to
4380019-In-Patient
Services............ -154,110,000
Provisions:
1. The reimbursements shall include
amounts received in Schedule (6)
by the State Department of State
Hospitals as a result of billing
state hospital bed day
expenditures attributable to
conservatees who are gravely
disabled as defined in
subparagraph (B) of paragraph
(1) of subdivision (h) of
Section 5008 of the Welfare and
Institutions Code (Murphy
Conservatee).
2. The Controller shall transfer
the total amount attributable in
the 2015-16 fiscal year to
patient-generated collections
for Lanterman-Petris-Short (LPS)
Act patients as revenue to the
General Fund.
3. Notwithstanding any other
provision of law, funds
appropriated to accommodate
projected hospital population
levels in excess of those that
actually materialize, if any,
shall revert to the General
Fund. However, the Department of
Finance may approve an increase
in expenditures that are not
related to caseload for the
state hospitals through the
redirection of funding that is
reasonably believed not to be
needed for accommodating
projected hospital population
levels if the approval is made
in writing and filed with the
Chairperson of the Joint
Legislative Budget Committee and
the chairpersons of the
committees of each house of the
Legislature that consider
appropriations not later than 30
days prior to the effective date
of the approval, or prior to
whatever lesser time the
chairperson of the joint
committee, or his or her
designee, may in each instance
determine. All notifications
shall include (a) the reason for
the proposed redirection of
caseload funding to expenditures
that are not related to
caseload, (b) the approved
amount, and (c) the basis of the
Director of Finance's
determination that the funding
is not needed for accommodating
projected hospital population
levels.
4. Notwithstanding Section 26.00,
the Department of Finance may
authorize the transfer of
expenditure authority between
Schedules (1) and (5) in order
to accurately reflect
expenditures in these programs.
5. Of the amount appropriated in
this item, $250,000 is to be
used for candidates
participating in psychiatric
technician assistant 20/20
training programs, subject to
the terms and conditions in the
Memorandum of Understanding with
Bargaining Unit 18 that were
agreed upon on June 16, 2010.
6. The funds appropriated in
Schedule (3) shall be used to
provide community services as
provided in Section 4360 of the
Welfare and Institutions Code.
These funds shall support direct
community services, as well as
administrative and ancillary
services related to the
provision of direct services.
7. The State Department of State
Hospitals shall provide forensic
conditional release services
mandated either in Title 15
(commencing with Section 1600)
of Part 2 of the Penal Code or
in Article 4 (commencing with
Section 2960) of Chapter 7 of
Title 1 of Part 3 of the Penal
Code, through contracts with
programs which integrate the
supervision and treatment roles
and providers selected
consistent with Section 1615 of
the Penal Code.
8. Of the funds appropriated in
Schedule (3), it is intended
that no funds shall be available
for the payment of treatment
services to persons on court
visit from state hospitals to
the community as designated in
subdivision (a) of Section 4117
of the Welfare and Institutions
Code.
9. Funds appropriated in Schedule
(5) may be used to reimburse the
Department of Justice for legal
services provided during the
2015-16 fiscal year.
10. Upon approval of the State
Department of State Hospitals, a
portion of the funds
appropriated in Schedule (2)
shall be available to reimburse
counties for the cost of
treatment and legal services to
patients in the five state
hospitals, pursuant to Section
4117 of the Welfare and
Institutions Code. Expenditures
made under this item shall be
charged to either the fiscal
year in which the claim is
received or the fiscal year in
which the Controller issues the
warrant. Claims filed by local
jurisdictions for legal services
may be scheduled by the
Controller for payment.
11. The Director of the State
Department of State Hospitals
shall submit two reports
contained within the state
hospital population estimate
that consider the State Budget,
comparing each institution's
expenditures to its approved
allotments for the fiscal year
beginning July 1, 2015. The
first report shall be submitted
with the 2016-17 Governor's
Budget and the second report
shall be submitted with the 2016-
17 Governor's Budget May
Revision. If any institution's
expenditures are trending above
the allotments provided to it,
the Director of the State
Department of State Hospitals
shall detail the reasons why the
institution is spending at a
level above its allotments and
list the actions the department
is undertaking in order to align
expenditures with approved
allotments. The first report
shall contain a yearend summary
and an operating budget for each
of the institutions under the
control of the State Department
of State Hospitals.
Specifically, the first report
shall include:
(a) The yearend expenditures
by line item detail for
each institution in the
2014-15 fiscal year.
(b) The allotments and
projected expenditures
for each institution in
the 2015-16 fiscal year.
(c) The number of authorized
and vacant positions,
estimated overtime
budget, estimated
benefits budget, and
operating expense and
equipment budget for each
institution.
(d) The clinical and
ancillary
physician/surgeon
staffing ratios being
implemented in the 2015-
16 fiscal year.
(e) A list of all capital
outlay projects occurring
or projected to occur
during the 2015-16 fiscal
year.
The second report shall include:
(a) Current allotments and
projected expenditures
for each institution in
the 2015-16 fiscal year.
12. Of the funds appropriated in
Schedule (2), up to $10,100,000
Schedule (2), up to $4,000,000
is available for additional
restoration of competency
contracts. The Department of
Finance may authorize these
expenditures upon completed
contract negotiations and county
approval of program expansion.
The Department of Finance shall
notify the Legislature within 10
days of authorizing an
expenditure for this purpose.
13. A cashflow loan or loans shall
be available from the General
Fund to the State Department of
State Hospitals not to exceed
$17,175,000 upon order of the
Department of Finance, once the
Governor's Office of Emergency
Services has approved projects
related to the 2014 South Napa
Earthquake event. The loan funds
shall be transferred to this
item as needed to meet cashflow
needs due to delays in
collecting federal funding
reimbursements through the
Governor's Office of Emergency
Services. All moneys so
transferred shall be repaid as
soon as sufficient
reimbursements have been
collected to meet immediate cash
needs and in installments as
reimbursements accumulate if the
loan is outstanding for more
than one year.
SEC. 53. Item 5160-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
5160-001-0001--For support of Department of
Rehabilitation................................ 58,718,000
58,586,000
Schedule:
(1) 4210-Vocational
Rehabilitation
Services............... 65,844,000
65,712,000
(2) 4215-Independent
Living Services........ 554,000
(3) 9900100-Administration. 7,276,000
(4) 9900200-Administration-
- Distributed.......... -7,276,000
(5) Reimbursements to 4210-
Vocational
Rehabilitation
Services............... -7,680,000
Provisions:
1. Upon order of the Director of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4300-101-0001 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).
2. The Department of Rehabilitation
shall maximize its use of certified
time as a match for federal
vocational rehabilitation funds. To
the extent that certified time is
available, it shall be used in lieu
of the General Fund moneys.
SEC. 54. Item 5180-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
5180-001-0001--For support of State
Department of Social Services............. 142,154,000
142,514,000
Schedule:
(1) 4270-Welfare
Programs............ 27,504,000
(2) 4275-Social
Services and
Licensing........... 116,242,000
116,602,000
(3) 4285-Disability
Evaluation and
Other Services...... 47,267,000
(4) 9900100-
Administration...... 19,841,000
(5) 9900200-
Administration--
Distributed......... -19,841,000
(6) Reimbursements to
4270-Welfare
Programs............ -1,110,000
(7) Reimbursements to
4275-Social
Services and
Licensing........... -19,492,000
(8) Reimbursements to
4285-Disability
Evaluation and
Other Services...... -28,257,000
(9) Reimbursements to
9900100-
Administration...... -2,441,000
(10) Reimbursements to
9900200-
Administration -
-Distributed........ 2,441,000
Provisions:
1. The Department of Finance may
authorize the transfer of funds
from Schedule (2) of this item
to Schedule (1), Program
4275019, of Item 5180-151-0001,
Children and Adult Services and
Licensing, in order to allow
counties to perform the
facilities evaluation function.
2. The Department of Finance may
authorize the transfer of funds
from Schedule (2) of this item
to Schedule (1), Program
4275019, of Item 5180-151-0001,
Children and Adult Services and
Licensing, in order to allow
counties to perform the
adoptions program function.
3. Nonfederal funds appropriated
in this item that have been
budgeted to meet the state's
Temporary Assistance for Needy
Families maintenance-of-effort
requirement established
pursuant to the federal
Personal Responsibility and
Work Opportunity Reconciliation
Act of 1996 (P.L. 104-193) may
not be expended in any way that
would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
4. Notwithstanding paragraph (4)
of subdivision (b) of Section
1778 of the Health and Safety
Code, the State Department of
Social Services may use
no more than 20 percent of the
fees collected pursuant to
Chapter 10 (commencing with
Section 1770) of Division 2 of
the Health and Safety Code for
overhead costs, facilities
operation, and indirect
department costs.
5. Upon request of the State
Department of Social Services
and the State Department of
Health Care Services, the
Director of Finance may
authorize the transfer of
amounts from Item 4260-101-
0001, State Department of
Health Care Services, to this
item to fund the cost of the
administrative hearing process
associated with changes in aid
or service payments in the Medi-
Cal 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.
6. Provision 1 of Items 5180-001-
0270 and 5180-001-0279 also
apply to this item.
7. The Department of Finance and
Department of Technology shall
determine the appropriateness
of maintaining funding for
permanent positions included in
this item for the Child Welfare
Services-New System project
during the development of the
budget for the 2019-20 fiscal
year or after implementation of
the project is completed,
whichever is later.
SEC. 55. Item 5180-101-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
5180-101-0001--For local assistance,
Department of Social Services............... 949,076,000
939,153,000
Schedule:
(1) 4270010-CalWORKs...... 815,468,000
808,545,000
(2) 4270019-Other
Assistance Payments... 133,900,000
130,900,000
(3) Reimbursements to
4270010-CalWORKs...... -292,000
Provisions:
1. (a) Funds appropriated in this
item shall not be
encumbered unless every
rule or regulation adopted
and every all-county
letter issued by the State
Department of Social
Services that adds to the
costs of any program is
approved by the Department
of Finance as to the
availability of funds
before it becomes
effective. In making the
determination as to
availability of funds to
meet the expenditures of a
rule, regulation, or all-
county letter that would
increase the costs of a
program, the Department of
Finance shall consider the
amount of the proposed
increase on an annualized
basis, the effect
the change would have on
the expenditure
limitations for the
program set forth in this
act, the extent to which
the rule, regulation, or
all-county letter
constitutes a deviation
from the premises under
which the expenditure
limitations were prepared,
and any additional factors
relating to the fiscal
integrity of the program
or the state's fiscal
situation.
(b) Notwithstanding Sections
28.00 and 28.50, the
availability of funds
contained in this item for
rules, regulations, or all-
county letters that add to
program costs funded from
the General Fund in excess
of $500,000 on an annual
basis, including those
that are the result of a
federal regulation, but
excluding those that are
(a) specifically required
as a result of the
enactment of a federal or
state law or (b) included
in the appropriation made
by this act, shall not be
approved by the Department
of Finance sooner than 30
days after notification in
writing to the
chairpersons of the
committees in each house
of the Legislature that
consider appropriations
and the Chairperson of the
Joint Legislative Budget
Committee, or sooner than
such lesser time after
notification as the
chairperson of the joint
committee, or his or her
designee, may in each
instance determine.
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 $500,000,000
shall be made available from the
General Fund, from funds not
otherwise appropriated, to cover
the costs of a program or programs
when the federal funds have not
been received or funds in any
subaccount within the Local
Revenue Fund have not been
deposited prior to the usual
time for the state to transmit
payment to the counties. This loan
from the General Fund shall be
repaid when the federal funds or
the funds for any subaccounts
within the Local Revenue Fund for
the program or programs becomes
available.
3. The Department of Finance may
authorize the transfer of amounts
from this item to Item 5180-001-
0001 in order to fund the costs of
the administrative hearing process
associated with the CalWORKs
program.
4. (a) The Department of Finance
is authorized to approve
expenditures in those
amounts made necessary by
changes in either caseload
or payments, including,
but not limited to, the
timing of federal
payments, or any rule or
regulation adopted and any
all-county letter issued
as a result of the
enactment of a federal or
state law, the adoption of
a federal regulation, or a
court action, during the
2015-16 fiscal year that
are within or in excess of
amounts appropriated in
this act for that year.
(b) If the Department of
Finance determines that
the estimate of
expenditures will exceed
the expenditures
authorized for this item,
the department shall so
report to the Legislature.
At the time the report is
made, the amount of the
appropriation made in this
item shall be increased by
the amount of the excess
unless and until otherwise
provided by law.
5. Nonfederal funds appropriated in
this item which have been budgeted
to meet the state's Temporary
Assistance for Needy Families
maintenance-of-effort requirement
established pursuant to the
federal Personal Responsibility
and Work Opportunity
Reconciliation Act of 1996 (P.L.
104-193) shall not be expended in
any way that would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
6. In the event of declared disaster
and upon county request, the State
Department of Social Services may
act in the place of any county and
assume direct responsibility for
the administration of eligibility
and grant determination. Upon
recommendation of the Director of
Social Services, the Department of
Finance may authorize the transfer
of funds from this item and Item
5180-101-0890, to Items 5180-
001-0001 and 5180-001-0890, for
this purpose.
7. Pursuant to the Electronic Benefit
Transfer (EBT) Act (Chapter 3
(commencing with Section 10065) of
Part 1 of Division 9 of the
Welfare and Institutions Code) and
in accordance with the EBT System
regulations (Manual of Policies
and Procedures Section 16-401.15),
in the event a county fails to
reimburse the EBT contractor for
settlement of EBT transactions
made against the county's cash
assistance programs, the state is
required to pay the contractor.
The State Department of Social
Services may use funds from this
item to reimburse the EBT
contractor for settlement on
behalf of the county. The county
shall be required to reimburse the
department for the county's
settlement via direct payment or
administrative offset.
8. The Department of Finance is
authorized to approve expenditures
for the California Food Assistance
Program in those amounts made
necessary by changes in the
CalFresh Program Standard Utility
Allowance, including those that
result from midyear Standard
Utility Allowance adjustments
requested by the state. If the
Department of Finance determines
that the estimate of expenditures
will exceed the expenditure
authority of this item, the
department shall so report to the
Legislature. At the time the
report is made, the amount of the
appropriation made in this item
shall be increased by the amount
of the excess unless and until
otherwise provided by law.
10. Of the amount appropriated in
Schedule (1), $ 3 5 0 ,
000,000 shall be
available for housing supports for
those families in receipt of
CalWORKs for whom homelessness or
housing instability is a barrier
to self-sufficiency or child well-
being pursuant to Section 11330.5
of the Welfare and Institutions
Code.
SEC. 56. Item 5180-101-0890 of Section 2.00 of the
Budget Act of 2015 is amended to read:
5180-101-0890--For local assistance,
State Department of Social Services,
payable from the Federal Trust Fund...... 3,997,275,000
4,001,275,000
Schedule:
(1) 4270010-CalWORKs.... 3,295,856,00
3,299,856,00
0
(2) 4270019-Other
Assistance Payments. 701,419,000
Provisions:
1. Provisions 1, 4, 6, and 7 of
Item 5180-101-0001 also apply to
this item.
2. The Director of Finance may
authorize the transfer of
amounts from this item to Item
5180-001-0890 in order to fund
the costs of the
administrative hearing process
associated with the CalWORKs
program.
3. For the purpose of broadening
access to federal Child and
Adult Care Food Program benefits
for low-income children in
proprietary child care centers,
the State Department of Social
Services may transfer up to
$10,000,000 of the funds
appropriated in this item for
Program 4270010-CalWORKs, from
the Temporary Assistance for
Needy Families (TANF) block
grant to the Social Services
Block Grant (Title XX) pursuant
to authorization in the federal
Personal Responsibility and Work
Opportunity Reconciliation Act
of 1996 (P.L. 104-193). The
Title XX funds shall be pooled
with TANF funds appropriated in
this item for CalWORKs Child
Care. This transfer shall occur
only if the Director of Finance
approves the pooling of Title XX
funds with Child Care and
Development Fund or TANF
funds, or both.
4. Upon request of the State
Department of Social Services,
the Director of Finance may
increase or decrease the
expenditure authority in this
item to offset any increases or
decreases in collections
deposited in the Child Support
Collections Recovery Fund and
appropriated in Item 5180-101-
8004. The Department of Finance
shall provide notification of
the adjustment to the Joint
Legislative Budget Committee
within 10 working days from the
date of Department of Finance
approval of the adjustment.
5. Upon request of the Department
of Finance, the Controller shall
transfer funds between this item
and Item 5180-153-0890 as needed
to reflect the estimated
expenditure amounts for each
county that opts into the Title
IV-E Child Welfare Waiver
Demonstration Project pursuant
to Section 18260 of the Welfare
and Institutions Code. 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. 57. Item 5180-111-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
5180-111-0001--For local assistance,
State Department of Social Services...... 5,684,209,000
5,616,929,000
Schedule:
(1) 4270028-SSI/SSP..... 2,877,276,00
2,811,612,00
0
(2) 4275010-IHSS........ 9,686,757,00
9,680,141,00
0
(3) Reimbursements to -6,879,824,0
4275010-IHSS........ 0
-6,874,824, 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
$650,000,000 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 2015-16 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.
6. Notwithstanding any other
provision of law, for the 2015-
16 fiscal year only, funds
appropriated in this item shall
be used to fully offset the
reduction in hours of service
described in Section 12301.02 of
the Welfare and Institutions
Code.
SEC. 58. Item 5180-141-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
5180-141-0001--For local assistance,
State Department of Social Services....... 825,128,000
825,112,000
Schedule:
(1) 4270037-County
Administration and
Automation Projects. 967,845,000
967,829,000
(2) Reimbursements to
4270037-County
Administration and
Automation Projects. -142,717,000
Provisions:
1. Notwithstanding Chapter 1
(commencing with Section 18000)
of Part 6 of Division 9 of the
Welfare and Institutions Code, a
loan not to exceed $140,000,000
shall be made available from the
General Fund, from funds not
otherwise appropriated, to cover
the federal or reimbursable
share, or both, of costs of a
program or programs when the
federal funds or
reimbursements have not been
received by this state prior to
the usual time for transmitting
state payments for the federal
or reimbursable share of costs.
This loan from the General Fund
shall be repaid when the federal
share of costs or the
reimbursements for the program
or programs becomes available.
2. In the event of declared
disaster and upon county
request, the State Department of
Social Services may act in the
place of any county and assume
direct responsibility for the
administration of eligibility
and grant determination. Upon
recommendation of the Director
of Social Services, the
Department of Finance may
authorize the transfer of funds
from this item and Item 5180-141-
0890, to Items 5180-001-0001 and
5180-001-0890, for this purpose.
3. Provision 1 of Item 5180-101-
0001 also applies to this item.
4. Pursuant to public assistance
caseload estimates reflected in
the annual Governor's Budget,
the Department of Finance may
approve expenditures in those
amounts made necessary by a
court action or changes in
caseload that are in excess of
amounts appropriated in this
act. If the Department of
Finance determines that the
estimate of expenditures will
exceed the expenditures
authorized for this item, the
department shall so report to
the Legislature. At the time the
report is made, the amount of
the appropriation made by this
item shall be increased by the
amount of the excess unless and
until otherwise provided by law.
5. Nonfederal funds appropriated in
this item which have been
budgeted to meet the state's
Temporary Assistance for Needy
Families maintenance-of-effort
requirement established pursuant
to the federal Personal
Responsibility and Work
Opportunity Reconciliation Act
of 1996 (P.L. 104-193) shall not
be expended in any way that
would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
6. This item may be increased by
order of the Director of Finance
to address system changes
necessary to implement the
requirements of the federal
Patient Protection and
Affordable Care Act (P.L. 111-
148). The Director of Finance
shall provide notification in
writing to the Joint
Legislative Budget Committee of
any expenditure approved under
this provision not less than 30
days prior to the effective date
of the approval.
7. The Department of Finance may
increase expenditure authority
in this item for the State
Department of Social Services in
order to fund the administrative
costs to prepare for and respond
to a declaration of a major
disaster by the President of the
United States and to maximize
the amount of assistance
requested and received through
the federal Disaster
Supplemental Nutrition
Assistance Program and other
federally funded nutrition
assistance programs.
SEC. 59. Item 5180-141-0890 of Section 2.00 of the
Budget Act of 2015 is amended to read:
5180-141-0890--For local assistance,
State Department of Social Services,
payable from the Federal Trust Fund...... 1,151,585,000
1,147,564,000
Schedule:
(1) 4270037-County
Administration and 1,151,585,00
Automation Projects.
1,147,564,0 0
0
Provisions:
1. Provisions 2, 3, 4, 6, and 7 of
Item 5180-141-0001 also apply to
this item.
2. Upon request by the Department
of Finance, the Controller shall
transfer funds between this item
and Item 5180-153-0890 as needed
to reflect the estimated
expenditure amounts for each
county that opts into the Title
IV-E Child Welfare Waiver
Demonstration Project pursuant
to Section 18260 of the Welfare
and Institutions Code. 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. 60. Item 5180-151-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
5180-151-0001--For local assistance,
State Department of Social Services....... 135,311,000
116,651,000
Schedule:
(1) 4275019-Children
and Adult Services
and Licensing....... 395,552,000
381,892,000
(2) 4275028-Special
Programs............ 25,627,000
20,627,000
(3) Reimbursements to
4275019-Children
and Adult Services
and Licensing....... -285,868,000
Provisions:
1. Provision 1 of Item 5180-101-
0001 also applies to this item.
2. Notwithstanding Chapter 1
(commencing with Section 18000)
of Part 6 of Division 9 of the
Welfare and Institutions Code
and pursuant to Section 30029.8
of the Government Code, a loan
not to exceed $50,000,000 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 have not been
received by this state prior to
the usual time for transmitting
state payments for the federal
or reimbursable share of costs.
The loan from the General Fund
shall be repaid when the federal
or reimbursable share of costs
for the program or programs
becomes available.
3. The Department of Finance may
authorize the establishment of
positions and transfer of
amounts from this item to Item
5180-001-0001, in order to allow
the state to perform the
facilities evaluation function
of Community Care Licensing in
the event the counties fail to
perform that function.
4. Nonfederal funds appropriated in
this item which have been
budgeted to meet the state's
Temporary Assistance for Needy
Families maintenance-of-effort
requirement established pursuant
to the federal Personal
Responsibility and Work
Opportunity Reconciliation Act
of 1996 (P.L. 104-193) shall not
be expended in any way that
would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
5. The Department of Finance may
authorize the establishment of
positions and transfer of
amounts from this item to Item
5180-001-0001 in order to allow
the state to perform the
adoptions function in the event
that a county notifies the State
Department of Social Services
that it intends to cease
performing that function.
6. Funds appropriated in this item
for the Commercially Sexually
Exploited Children Program
required by Chapter 5.2
(commencing with Section
16524.6) of Part 4 of Division 9
of the Welfare and Institutions
Code shall be appropriately
reduced by the Department of
Finance to the extent any
activities for which funding is
included are also required by
the Preventing Sex Trafficking
and Strengthening Families Act
of 2014 (P.L. 113-183).
7. Provision 2 of Item 5180-151-
0890 also applies to this item.
8. Funds appropriated in this item
available for legal
services to unaccompanied
undocumented minors in
accordance with Chapter 5.6
(commencing with Section 13300)
of Part 3 of Division 9 of the
Welfare and Institutions Code
shall continue to be available
for liquidation until June 30,
2021.
9. Of the total amount appropriated
in this item, up to $4,000,000
shall be available for a county-
optional block grant program,
for allocation to local agencies
to fund activities the
Commission on State Mandates
identified as reimbursable state
mandates in the Interagency
Child Abuse and Neglect
Investigation Reports (CSM-00-TC-
22) mandate. A local agency that
receives funding according to
this item shall not be eligible
to submit claims to the
Controller for reimbursement
under Section 17560 of the
Government Code for any costs
related to the reimbursable
state-mandated activities
identified in CSM-00-TC-22
incurred in the same fiscal year
during which the local agency
received funding according to
this item. The State Department
of Social Services, in
consultation with the California
State Association of Counties,
shall develop an allocation
methodology for the purpose of
distributing these funds to
participating counties. Block
grant funding apportioned
according to this item is
subject to annual financial and
compliance audits.
10. The department, in consultation
with the County Welfare
Directors Association, shall
develop an estimate of the
additional funding needed for
the 2016-17 fiscal year to
support the implementation of
new federal mandates for
identifying and serving youth
who are victims and youth at
risk of commercial sex
exploitation, pursuant to Public
Law 113-183. The estimate shall
include funding as appropriate
for: the implementation of
policies and procedures to
identify and provide appropriate
services to trafficked and at
risk youth; the development and
implementation of protocols to
locate and serve youth missing
from foster care as required
by Public Law 113-183; the
compliance with the new federal
reporting requirements related
to youth who are victims of or
at risk of commercial sex
exploitation and runaway youth;
and any other requirements of
Public Law 113-183.
13. Funds appropriated in this item
for legal assistance to
individuals eligible for
deferred action under the
President's November 2014
Immigration Accountability
Executive Order and for
naturalization services shall be
available for liquidation until
June 30, 2021.
14. Of the amount appropriated in
this item, $7,250,000 is
available (plus associated
federal funds appropriated in
Item 5180-151-0890) for
allocation to counties for the
purpose of recruiting,
retaining, and supporting foster
care parents and relative
caregivers. This funding is
intended to help support the
implementation of legislation
adopted to improve California's
child welfare system and its
outcomes by increasing the use
of home-based family care and
the provision of services and
supports to home-based family
care, reducing the use of
congregate care placement
settings, and creating faster
paths to permanency resulting in
shorter durations of involvement
in the child welfare and
juvenile justice systems. Funds
allocated shall be used for
activities and services to
recruit, retain, and support
licensed foster family homes,
approved resource families, and
relative caregivers. Allowable
expenditures shall include, but
not be limited to, all of the
following: (1) Staffing to
provide and improve direct
services and supports to
licensed foster family homes,
approved resource families, and
relative caregivers, and to
remove any barriers in those
areas defined as priorities in
the county implementation plan
and subsequent reports on
outcomes; (2) Exceptional child
needs not covered by the
caregiver-specific rate that
would normalize the child's
experience, stabilize the
placement, or enhance the
child's well-being; (3) Child
care for licensed foster
parents, approved resource
families, and relative
caregivers; (4) Intensive
relative finding, engagement,
and navigation efforts; and (5)
Emerging technological, evidence-
informed, or other
nontraditional approaches to
outreach to potential foster
family homes, resource families,
and relatives. During the 2015-
16 fiscal year, the State
Department of Social Services
shall develop and issue one or
more all-county letters, in
consultation with the County
Welfare Directors Association of
California, that provide
instructions to counties on
allowable expenditures,
allocation methodology, and
claiming instructions with
respect to this funding. The
department shall report to the
Legislature during the 2016-17
budget hearings on the
strategies, allocation, and
progress.
SEC. 61. Item 5180-151-0890 of Section 2.00 of the
Budget Act of 2015 is amended to read:
5180-151-0890--For local assistance,
State Department of Social Services,
payable from the Federal Trust Fund...... 1,062,701,000
1,060,526,000
Schedule:
(1) 4275019-Children
and Adult Services 1,038,587,00
and Licensing.......
1,036,412,0 0
0
(2) 4275028-Special
Programs............ 24,114,000
Provisions:
1. Provisions 1, 3, and 5 of Item
5180-151-0001 also apply to this
item.
2. Upon request by the Department
of Finance, the Controller shall
transfer funds between this item
and Item 5180-153-0890 as
needed to reflect the estimated
expenditure amounts for each
county that opts into the Title
IV-E Child Welfare Waiver
Demonstration Project pursuant
to Section 18260 of the Welfare
and Institutions Code. 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. 62. Item 5180-153-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
5180-153-0001--For local assistance, State
Department of Social Services................. 30,953,000
24,253,000
Schedule:
(1) 4280-Title IV-E Waiver. 30,953,000
24,253,000
Provisions:
1. Provisions 6, 7, and 10 of Item
1. Provisions 6 and 7 of Item 5180-151-
5180-151- 0001 also apply to this
item.
item.
3. Of the amount appropriated in this
item, $7,250,000 is available for
allocation to counties for the
purpose of recruiting, retaining,
and supporting foster care parents
and relative caregivers. This
funding is intended to help support
the implementation of legislation
adopted to improve California's
child welfare system and its
outcomes by increasing the use of
home-based family care and the
provision of services and supports
to home-based family care, reducing
the use of congregate care
placement settings, and creating
faster paths to permanency
resulting in shorter durations of
involvement in the child welfare
and juvenile justice systems. Funds
allocated shall be used for
activities and services to recruit,
retain, and support licensed foster
family homes, approved resource
families, and relative caregivers.
Allowable expenditures shall
include, but not be limited to, all
of the following: (1) Staffing to
provide and improve direct services
and supports to licensed foster
family homes, approved resource
families, and relative caregivers,
and to remove any barriers in those
areas defined as priorities in the
county implementation plan and
subsequent reports on outcomes; (2)
Exceptional child needs not covered
by the caregiver-specific rate that
would normalize the child's
experience, stabilize the
placement, or enhance the child's
well-being; (3) Child care for
licensed foster parents, approved
resource families, and relative
caregivers; (4) Intensive relative
finding, engagement, and navigation
efforts; and (5) Emerging
technological, evidence-informed,
or other nontraditional approaches
to outreach to potential foster
family homes, resource families,
and relatives. During the 2015-16
fiscal year, the State Department
of Social Services shall develop
and issue one or more all-county
letters, in consultation with the
County Welfare Directors
Association of California, that
provide instructions to counties on
allowable expenditures, allocation
methodology, and claiming
instructions with respect to this
funding. The department shall
report to the Legislature during
the 2016-17 budget hearings on the
strategies, allocation, and
progress.
SEC. 63. Item 5225-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
5225-001-0001--For support of Department
of Corrections and Rehabilitation........ 6,371,315,000
6,381,315,000
Schedule:
(1) 4500-Corrections
and Rehabilitation
Administration..... 402,534,000
(2) 4505-Peace Officer
Selection and
Employee
Development........ 115,571,000
(3) 4510-Department of
Justice Legal
Services........... 40,659,000
(4) 4515-Juvenile
Operations and
Juvenile Offender
Programs........... 134,924,000
(5) 4520-Juvenile
Academic and
Vocational
Education.......... 3,754,000
(6) 4525-Juvenile
Health Care
Services........... 21,514,000
(7) 4530-Adult
Corrections and
Rehabilitation
Operations-- 3,707,606,00
General Security...
3,717,606,0 0
0
(8) 4540-Adult
Corrections and
Rehabilitation
Operations-- 1,140,625,00
Inmate Support..... 0
(9) 4545-Adult
Corrections and
Rehabilitation
Operations--
Contracted
Facilities......... 61,142,000
(10) 4550-Adult
Corrections and
Rehabilitation
Operations--
Institution
Administration..... 397,486,000
(11) 4555-Parole
Operations-- Adult
Supervision........ 290,013,000
(12) 4560-Parole
Operations-- Adult
Community Based
Programs........... 72,178,000
(13) 4565-Parole
Operations-- Adult
Administration..... 60,633,000
(14) 4570-Sex Offender
Management Board
and Saratso Review
Committee.......... 869,000
(15) Reimbursements to
4500-Corrections
and Rehabilitation
Administration..... -4,812,000
(16) Reimbursements to
4505-Peace Officer
Selection and
Employee
Development........ -150,000
(17) Reimbursements to
4515-Juvenile
Operations
and Juvenile
Offender Programs.. -3,755,000
(18) Reimbursements to
4520-Juvenile
Academic and
Vocational
Education.......... -1,850,000
(19) Reimbursements to
4530-Adult
Corrections and
Rehabilitation
Operations--
General Security... -26,100,000
(20) Reimbursements to
4540-Adult
Corrections and
Rehabilitation
Operations--
Inmate Support..... -32,500,000
(21) Reimbursements to
4550-Adult
Corrections and
Rehabilitation
Operations--
Institution
Administration..... -7,961,000
(22) Reimbursements to
4555-Parole
Operations-- Adult
Supervision........ -515,000
(23) Reimbursements to
4565-Parole
Operations-- Adult
Administration..... -550,000
SEC. 64. Item 5225-001-3259 of Section 2.00 of the
Budget Act of 2015 is amended to read:
5225-001-3259--For support of Department of
Corrections and Rehabilitation, payable from
the Recidivism Reduction Fund................ 3,300,000
10,377,000
Schedule:
(1) 4590-Rehabilitative
Programs-- Cognitive
Behavioral Therapy and
Reentry Services....... 3,000,000
9,877,000
(2) 4600-Rehabilitative
Programs--Adult
Administration......... 300,000
500,000
Provisions:
2. Of the amount appropriated in this
item, $ 3 5 00,000 shall be
for an
independent evaluation of the
appropriateness and effectiveness
of the Department of Corrections
and Rehabilitation's career
technical education programs. The
Department of Corrections and
Rehabilitation shall provide the
evaluation report to the budget
committees and the public safety
policy committees of the
Legislature by April 1, 201 6 7
.
3. Of the amount appropriated in this
item, $3,000,000 shall be for the
innovative grant program for
additional grant awards.
4. Of the amount appropriated in this
item, $6,877,000 shall be for
substance use disorder treatment
expansion to non-reentry hub
institutions.
SEC. 65. Item 5227-101-0214 of Section 2.00 of the
Budget Act of 2015 is amended to read:
5227-101-0214--For local assistance, Board of
State and Community Corrections, payable from
the Restitution Fund........................... 9,215,000
Schedule:
(1) 4945-Corrections Planning and 9,215,0
Grant Programs................. 00
(a) Grants to
the City of
Los Angeles. (1,000,000)
(b) Competitive
grants to
all other
cities...... (8,215,000)
Provisions:
1. All grantees must provide a dollar-for-
dollar match to state grant funds
awarded from Schedules (1)(a) and
(1)(b).
2. The amount appropriated in Schedule
(1)(b) shall be competitive grants to
cities. No grant provided from this
cities. No grant shall exceed
item shall exceed $500,000, and at
least two grants
least two grants provided from this
item shall be awarded to cities with
populations of 200,000 or fewer.
In awarding grants, the Board of State
and Community Corrections shall give
preference to applicants that
incorporate regional approaches to
antigang activities.
3. Each city that receives a grant from
Schedule (1)(b) shall collaborate and
coordinate with area jurisdictions and
agencies, including the existing
county juvenile justice coordination
council, with the goal of reducing
gang activity in the city and adjacent
areas. Each grantee shall establish a
coordinating and advisory council to
prioritize the use of the funds.
Membership shall include city
officials, local law enforcement,
including the county sheriff, chief
probation officer, and district
attorney, local educational agencies,
including school districts and the
county office of education, and
community-based organizations.
4. Each city that receives a grant from
Schedule (1)(a) or (1)(b) shall
distribute at least 20 percent of the
grant funds it receives to one or more
community-based organizations pursuant
to the city's application.
SEC. 66. Item 5227-101-3259 of Section 2.00 of the
Budget Act of 2015 is amended to read:
5227-101-3259--For local assistance, Board 13,000,00
of State and Community Corrections........... 0
5,700,000
Schedule:
(1) 4945-Corrections Planning 13,000,00
and Grant Programs.........
5,700,00 0
Provisions:
1. Of the funds
appropriated in this
item, $2,000,000 shall be made
available for the Law Enforcement
Assisted Diversion grant pilot
program.
2. Of the funds appropriated in this
item, $ 3 1 , 7 00
0 ,000 shall be made
available for the mentally ill
offender crime reduction grant
program.
3. Of the funds appropriated in this
item, $ 8 4 ,000,000 shall be
made
available for the community
recidivism reduction grant program.
SEC. 67. Item 5227-102-0001 is added to Section
2.00 of the Budget Act of 2015 , to read:
5227-102-0001--For local assistance, Board
of State and Community Corrections .......... 20,000,000
Schedule:
(1) (1) 4945-Corrections
Planning and Grant
Programs.............. 20,000,000
Provisions:
1. The funds appropriated in this
item shall be allocated by the
Controller to cities for law
enforcement activities according
to a schedule provided by the
Department of Finance.
2. The funds appropriated in this
item shall be made available for
city law enforcement agencies who
agree to provide data on the
number of use-of-force incidents
that result in hospitalization or
death.
SEC. 68. Item 5227-108-0001 of Section 2.00 of the
Budget Act of 2015 is repealed.
5227-108-0001--For local assistance, Board
of State and Community Corrections........... 5,000,000
Schedule:
(1) 4945-Corrections Planning
and Grant Programs......... 5,000,000
Provisions:
1. All grantees shall provide a dollar-
for-dollar match to state grant
funds awarded from Schedule (1).
2. The amount appropriated shall be a
competitive grant to cities. No
grant provided from this item shall
exceed $500,000, and at least two
grants provided from this item shall
be awarded to cities with
populations of 200,000 or fewer. In
awarding grants, the Board of State
and Community Corrections shall give
preference to applicants that
incorporate regional approaches to
anti-gang activities.
3. Each city that receives a grant
shall collaborate and coordinate
with area jurisdictions and
agencies, including the existing
county juvenile justice coordination
council, with the goal of reducing
gang activity in the city and
adjacent areas. Each grantee shall
establish a coordinating and
advisory council to prioritize the
use of the funds. Membership shall
include city officials, local law
enforcement, including the county
sheriff, chief probation officer,
and district attorney, local
educational agencies, including
school districts and the county
office of education, and community-
based organizations.
4. Each city that receives a grant
shall distribute at least 20 percent
of the grant funds it receives to
one or more community-based
organizations pursuant to the city's
application.
SEC. 69. Item 5227-109-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
5227-109-0001--For local assistance, Board
of State and Community Corrections........... 8,000,000
5,000,000
Schedule:
(1) 4945-Corrections Planning
and Grant Programs......... 8 5
,000,000
Provisions:
1. Of the funds appropriated in this
item, $ 2 3 75 9 ,
000 shall be made
available to the Avenal Police
Department for the expansion of a
police facility.
2. Of the funds appropriated in this
item, $ 6 3 , 000
822 ,000 shall be made
available to the City of Corcoran
Police Department to construct a new
police station.
3. Of the funds appropriated in this
item, $ 1 939 , 475,
000 shall be made
available to the Lemoore Police
Department to construct a new police
dispatch station.
4. Of the funds appropriated in this
item, $150,000 shall be made
available to the Broadmoor Special
Police District.
SEC. 70. Item 5227-110-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
5227-110-0001--For local assistance, Board 10,000,00
of State and Community Corrections........... 0
6,000,000
Schedule:
(1) 4945-Corrections Planning 10,000,00
and Grant Programs.........
6,000,00 0
Provisions:
3. The Board of State and Community
Corrections shall provide grants to
local law enforcement for programs
and initiatives intended to
strengthen the relationship between
law enforcement and the communities
they serve, including, but not
limited to, providing training for
front-line peace officers on issues
such as implicit bias; examining the
current delivery of local policing
services; assessing the state of law
such as implicit bias; funding for
research to examine how local
policing services currently are
being delivered; assessing the state
of law enforcement-community relations;
relations; comparing the status quo with
the
with the best practices in the policing
p olicing p rofession; and receiving
recommendations for moving forward,
including the identification of
policing models and operational
options to improve policing; problem-
oriented policing initiatives such
as Operation Ceasefire;
restorative justice programs that
address the needs of victims,
offenders, and the community; and
behavioral health training and any
any one-time costs associated with
implementing, expanding, and
maintaining a peace officer body
maintaining a program designed to
capture peace officer interactions
with individuals in the community.
camera program. The Board of State
and Community
and Community Corrections may use up
to 5 percent
to 5 percent of the total amount
available in
available in this item to administer
this program.
this program.
4. To receive a grant under this item,
the applying agency shall be in full
compliance with Section 11108 of the
Penal Code with respect to firearms.
SEC. 71. Item 6100-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
6100-001-0001--For support of State
Department of Education..................... 47,345,000
47,295,000
Schedule:
(2) 5205010-Curriculum
Services.............. 56,401,000
(3) 5210066-Special
Program Support....... 7,413,000
7,363,000
(6) 9900100-
Administration........ 36,605,000
(7) 9900200-
Administration--
Distributed........... -36,605,000
(8) Reimbursements to
5205010-Curriculum
Services.............. -13,648,000
(9) Reimbursements to
5210066-Special
Program Support....... -2,821,000
Provisions:
1. Notwithstanding Section 33190 of
the Education Code or any other
provision of law, the State
Department of Education shall
expend no funds to prepare (a) a
statewide summary of pupil
performance on school district
proficiency assessments or (b) a
compilation of information on
private schools with five or fewer
pupils.
2. Funds appropriated in this item
may be expended or encumbered to
make one or more payments under a
personal services contract of a
visiting educator pursuant to
Section 19050.8 of the Government
Code, a long-term special
consultant services contract, or
an employment contract between an
entity that is not a state agency
and a person who is under the
direct or daily supervision of a
state agency, only if all of the
following conditions are met:
(a) The person providing
service under the contract
provides full financial
disclosure to the Fair
Political Practices
Commission in accordance
with the rules and
regulations of the
commission.
(b) The service provided under
the contract does not
result in the displacement
of any represented civil
service employee.
(c) The rate of compensation
for salary and health
benefits for the person
providing service under
the contract does not
exceed by more than 10
percent the current rate
of compensation for salary
and health benefits
determined by the
Department of Human
Resources for civil
service personnel in a
comparable position. The
payment of any other
compensation or any
reimbursement for travel
or per diem expenses shall
be in accordance with the
State Administrative
Manual and the rules and
regulations of the
California Victim
Compensation and
Government Claims Board.
3. The funds appropriated in this
item may not be expended for the
development or dissemination of
program advisories, including, but
not limited to, program advisories
on the subject areas of reading,
writing, and mathematics, unless
explicitly authorized by the State
Board of Education.
4. Of the funds appropriated in this
item, $206,000 shall be
available as matching funds for
the Department of Rehabilitation
to provide coordinated services to
disabled pupils. Expenditure of
the funds shall be identified in
the memorandum of understanding or
other written agreement with the
Department of Rehabilitation to
ensure an appropriate match to
federal vocational rehabilitation
funds.
5. Of the funds appropriated in this
item, no less than $1,973,000 is
available for support of child
care services, including state
preschool.
6. By October 31 of each year, the
State Department of Education
(SDE) shall provide to the
Department of Finance a file of
all charter school average daily
attendance (ADA) and state
and local revenue associated with
charter school general purpose
entitlements as part of the P2
Local Control Funding Formula
File. By March 1 of each year, the
SDE shall provide to the
Department of Finance a file of
all charter school ADA and state
and local revenue associated with
charter school general purpose
entitlements as part of the P1
Local Control Funding Formula
File. It is the expectation that
such reports will be provided
annually.
7. On or before April 15 of each
year, the State Department of
Education (SDE) shall provide to
the Department of Finance an
electronic file that includes
complete district- and county-
level state appropriations limit
information reported to the SDE.
The SDE shall make every effort to
ensure that all districts have
submitted the necessary
information requested on the
relevant reporting forms.
8. The State Department of Education
shall make information available
to the Department of Finance, the
Legislative Analyst's Office, and
the budget committees of each
house of the Legislature by
October 31, March 31, and May 31
of each year regarding the amount
of Proposition 98 savings
estimated to be available for
reversion by June 30 of that year.
9. Reimbursement expenditures
pursuant to this item resulting
from the imposition by the State
Department of Education (SDE) of a
commercial copyright fee may not
be expended sooner than 30 days
after the SDE submits to the
Department of Finance a legal
opinion affirming the authority to
impose such fees and the
arguments supporting that position
against any objections or legal
challenges to the fee filed with
the SDE. Any funds received
pursuant to imposition of a
commercial copyright fee may only
be expended as necessary for
outside counsel contingent on a
certification of the
Superintendent of Public
Instruction that sufficient
expertise is not available within
departmental legal staff. The SDE
shall not expend greater than
$300,000 for such purposes without
first notifying the Department of
Finance of the necessity therefor,
and upon receiving approval in
writing.
10. Of the funds appropriated in this
item, up to $1,011,000 is for
dispute resolution services,
including mediation and fair
hearing services, provided through
contract for special education
programs.
11. Of the reimbursement funds
appropriated in this item, at
least $612,000 is provided to the
State Department of Education for
the oversight of State Board of
Education-authorized charter
schools. The Department of Finance
may administratively establish up
to 2.0 positions for this purpose
as workload materializes.
12. Of the funds appropriated in this
item, at least $222,000 and 2.0
positions are provided to support
new requirements contained in
Chapter 776 of the Statutes of
2012, which clarifies the
prohibition against public schools
charging pupil fees for
participation in educational
activities.
13. Of the funds appropriated in this
item, at least $217,000 and 2.0
positions are available for
workload to implement Chapter 577
of the Statutes of 2012, including
activities necessary to revise the
Academic Performance Index.
14. Of the funds appropriated in this
item, at least $109,000 shall be
for 1.0 position within the State
Department of Education to support
activities associated with the
Clean Energy Job Creation Fund.
15. Of the amount appropriated in this
item, at least $852,000 and 6.0
positions are provided to support
the Local Control Funding Formula
administration pursuant to Chapter
47 of the Statutes of 2013. These
funds and positions shall be used
by the State Department of
Education to support the
apportionment of, and fiscal
oversight of, funding pursuant to
the Local Control Funding Formula.
16. Of the funds appropriated in this
item, at least $347,000 and 3.0
limited-term positions are
provided until June 30, 2016, to
support the Career Technical
Education Pathways Trust grant
program established pursuant to
Chapter 48 of the Statutes of 2013.
17. Of the funds appropriated in this
item, at least $115,000 and 1.0
position shall be available for
the State Department of Education
to support activities
associated with charter school
appeals as required under
subdivision (j) of Section 47605
of the Education Code.
18. Of the funds appropriated in this
item, $85,000 is provided on a one-
time basis for an Independent
Project Oversight consultant to
provide oversight of the Smarter
Balanced Technical Hosting
Solution project.
19. Of the funds appropriated in this
item, at least $1,140,000 and 8.0
positions are provided to support
the implementation of the Local
Control Funding Formula
accountability system pursuant to
Chapter 47 of the Statutes of 2013.
20. Of the reimbursement funds
appropriated in this item,
$281,000 may be used by the State
Department of Education to pay for
costs associated with the
instructional materials adoption
process pursuant to Chapter 478 of
the Statutes of 2013.
21. Of the funds appropriated in this
item, at least $240,000 and 1.0
permanent position and 1.0 one-
year limited-term position are
provided to support implementation
of the Local Control Funding
Formula, such as providing
unduplicated student counts,
matching foster data received from
the State Department of Social
Services (SDSS), and meeting
foster youth reporting
requirements.
22. Of the funds appropriated in this
item, at least $203,000 and 2.0
limited-term positions are
provided until June 30, 2017, to
support a second cohort of the
California Career Pathways Trust
grant program as established by
Chapter 16 (commencing with
Section 53010) of Part 28 of
Division 4 of Title 2 of the
Education Code.
23. Of the funds appropriated in this
item, $107,000 and 1.0 position
shall be available for the State
Department of Education to support
activities associated with civil
rights complaints and appeals
pursuant to Sections 220 and 234.1
of the Education Code.
24. Of the funds appropriated in
this item, $100,000 is provided
for one-time temporary help to
support activities associated with
civil rights complaints and
appeals pursuant to Sections 220
and 234.1 of the Education Code.
25. Of the funds appropriated in this
item, $3,675,000 is provided on a
one-time basis for legal defense
costs associated with the Cruz v.
State of California lawsuit.
26. Of the funds appropriated in this
item, $264,000 and 2.0 positions
are available to support state
preschool contract monitoring and
technical assistance.
27. Of the funds appropriated in this
item, $118,000 and 1.0 position
are available until June 30, 2016,
and $59,000 and 0.5 position are
available until June 30, 2017, to
support the Distinguished After
School Health Recognition Program
as established by Chapter 369 of
the Statutes of 2014.
28. Of the funds appropriated in this
item, $43,000 is provided on a one-
time basis to the State Department
of Education to support activities
associated with the creation of an
online training module to address
bullying, pursuant to Chapter 418
of the Statutes of 2014.
29. Of the funds appropriated in this
item, $ 6 55 0 0
,000 is provided on a
one-time basis to complete the
Kindergarten Program
Implementation Report.
30. Of the funds appropriated in this
item, $137,000 is available on a
one-time basis for the State
Department of Education to convene
a workgroup to develop a model and
study existing county programs and
policies relating to the transfer
of pupils from juvenile court
schools.
31. Of the funds appropriated in this
item, $135,000 is available on a
one-time basis for the State
Department of Education to
contract with a researcher/writer
with expertise in sex trafficking
and sexual abuse for purposes of
drafting a section for the
Instructional Quality Commission
to consider including in the
Health Framework.
32. Of the funds appropriated in this
item, $350,000 is provided until
June 30, 2018, and 2.0 positions
are provided to support the Career
Technical Education Incentive
Grant Program as established by
Chapter 16.5 (commencing with
Section 53070) of Part 28 of
Division 4 of Title 2 of the
Education Code.
33. Of the funds appropriated in this
item, $274,000 is available in one-
time funds to support curriculum
framework development activities
of the Instructional Quality
Commission.
SEC. 72. Item 6100-111-0001 of Section 2.00 of the
Budget Act of 2015 is repealed.
6100-111-0001--For local assistance, State
Department of Education (Proposition 98),
Home to School Transportation................ 25,000,000
Schedule:
(1) 5200032-Pupil
Transportation........ 25,000,000
Provisions:
1. The Superintendent of Public
Instruction shall determine the
transportation costs for each
school district, county office of
education, entity providing
services under a school
transportation joint powers
agreement, or regional
occupational center or program
that provides pupil
transportation services. The
Superintendent of Public
Instruction shall then identify
the percentage of each entity's
transportation costs that were
funded in the 2014-15 fiscal
year, including the funding that
was received under Sections 2574,
2575, 42238.02, and 42238.3 of
the Education Code.
2. Of the funds in this item, the
Superintendent of Public
Instruction shall first apportion
a Home to School Transportation
cost-of-living adjustment of 1.02
percent to each school district
and county superintendent of
schools.
3. The Superintendent of Public
Instruction shall compute an
equalization adjustment based on
the costs identified in Provision
1 and apportion the remaining
funds in this item to those
entities identified in Provision
1, so that no entity's 2015-16
pupil transportation funding
percentage is less than the 2014-
15 fiscal year percentage
determined in Provision 1 plus a
cost-of-living adjustment.
4. For purposes of the calculations
required by Provision 1,
""transportation costs'' shall be
limited to the definition of
""pupil transportation'' included
in the California School
Accounting Manual adopted by the
State Board of Education pursuant
to Section 41010 of the Education
Code for the transportation of
students enrolled in kindergarten
and grades 1 to 12, inclusive.
5. It is the intent of the
Legislature to enact additional
statutory changes as needed
during the 2015-16 fiscal year
for the administration of the
Home to School Transportation
program.
SEC. 73 . Item 6100-113-0001 of Section
2.00 of the Budget Act of 2015 is amended to
read:
6100-113-0001--For local assistance, State
Department of Education (Proposition 98),
for purposes of California's pupil testing
program.................................... 126,463,000
Schedule:
(1) 5205200-Assessment
Review and Reporting.. 1,490,000
(2) 5205204-English
Language Development
Assessment............ 8,500,000
(3) 5205206-High School
Exit Examination...... 5,894,000
(4) 5205208-California
Student Assessment
System................ 86,856,000
(7) 5205218-Assessment
Apportionments........ 23,723,000
(8) 5205210-California
High School
Proficiency
Examination........... 1,244,000
(9) Reimbursements to
5205210-California
High School
Proficiency
Examination........... -1,244,000
Provisions:
1. The funds appropriated in this
item shall be for the pupil
testing programs authorized by
Chapter 3 (commencing with Section
48400) of Part 27 of Division 4 of
Title 2 of the Education
Code and Chapter 5 (commencing
with Section 60600), Chapter 6
(commencing with Section 60800),
Chapter 7 (commencing with Section
60810), and Chapter 9 (commencing
with Section 60850) of Part 33 of
Division 4 of Title 2 of the
Education Code.
2. The funds appropriated in Schedule
(4) are provided for contract
costs for the implementation of
the statewide pupil assessment
system established pursuant to
Chapter 489 of the Statutes of
2013, as approved by the State
Board of Education, and are
contingent upon Department of
Finance review of the related
contract, during contract
negotiations, prior to its
execution.
3. The funds appropriated in
Schedule (2) shall be available
for approved contract costs for
the development of and transition
to the English Language
Proficiency Assessments for
California which include initial
identification and annual
assessments aligned to the state
English language development
standards in accordance with
Chapter 478 of the Statutes of
2013, and are contingent upon the
submittal of the related contract
by the State Department of
Education and the Department of
Finance. Ongoing funding for the
English Language Proficiency
Assessments for California shall
be contingent upon an
appropriation in the annual Budget
Act. Incentive funding of $5 per
pupil is provided in Schedule (7)
for district apportionments for
the California English Language
Development Test. As a condition
of receiving these funds, school
districts must agree to provide
information determined to be
necessary to comply with the data
collection and reporting
requirements of the federal No
Child Left Behind Act of 2001
(P.L. 107-110) regarding English
language learners by the State
Department of Education.
4. The funds appropriated in Schedule
(3) include funds for approved
contract costs for the
administration of the California
High School Exit Examination
(CAHSEE) pursuant to Chapter 9
(commencing with Section 60850) of
Part 33 of Division 4 of Title 2
of the Education Code. The State
Board of Education shall establish
the amount of funding to be
apportioned to school districts
for the CAHSEE. The amount of
funding to be apportioned per test
shall not be valid without the
approval of the Department of
Finance.
5. The funds appropriated in Schedule
(3) shall be used for seven annual
administrations of the
California High School Exit
Examination. Grade 12 pupils may
take up to five administrations of
the examination, grade 11 pupils
may take up to two, and grade 10
pupils are required to take one.
7. Funds provided to local
educational agencies from
Schedules (2), (3), (4), and (7)
shall first be used to offset any
state-mandated reimbursable costs
within the meaning of Section
17556 of the Government Code, that
otherwise may be claimed through
the state mandates reimbursement
process for the California English
Language Development Test, the
California High School Exit
Examination, and the statewide
pupil assessment system
established pursuant to Chapter
489 of the Statutes of 2013. Local
educational agencies receiving
funding from these schedules shall
reduce their estimated and actual
mandate reimbursement claims by
the amount of funding
provided to them from these
schedules.
8. Notwithstanding Section 28.50, the
Department of Finance may adjust
Schedules (8) and (9) to reflect
changes in actual reimbursements
from the contractor for the
California High School Proficiency
Examination.
9. Federal funds provided in Item
6100-113-0890 for statewide
testing purposes shall be fully
expended before General Fund
resources provided in this item
are expended for the same purposes.
10. The funds appropriated in Schedule
(7) shall be used to pay approved
apportionment costs from the
current and prior test
administrations for the California
English Language Development Test,
the California High School Exit
Examination, the Standard Testing
and Reporting (STAR) Program, and
the statewide pupil assessment
system established pursuant to
Chapter 489 of the Statutes of
2013 and the grade two diagnostic
assessments pursuant to Section
60644 of the Education Code.
11. The Department of Finance, State
Department of Education,
Legislative Analyst's Office and
legislative staff, and the vendor
or vendors of the state's
California Assessment of Student
Performance and Progress contract
shall meet on an annual basis
every October and April to review
detailed fiscal information
regarding the current components
and costs of the contract. The
group also shall explore
ways to make annual improvements
to the state's assessment system
or achieve related savings.
13. Of the funds appropriated in
Schedule (4), up to $1,500,000 may
be used by the State Department of
Education, and first priority
shall be used to support the full
cost of the Senior Assessment
Fellows currently providing
services to local educational
agencies regarding the
implementation of the California
Assessment of Student Performance
and Progress (CAASPP) system.
(a) If the State Department of
Education receives non-
General Fund moneys to
support the full cost of
the Senior Assessment
Fellows, the State
Department of Education may
use this funding for one-
time California
Assessment of Student
Performance and Progress
(CAASPP) system support
activities, including, but
not limited to, all of the
following:
(1) Conducting CAASPP
System Institutes to
train local
educational agencies
on how to best
utilize the CAASPP
system results,
resources, and tools.
(2) Providing modules to
be used by school
and district
administrators and
teacher leaders to
communicate and
train others on the
CAASPP system.
(3) Providing digital
library resources
specific to the use
of the Smarter
Balanced assessments.
14. Contingent on the continuation of
the administration of the
California High School Exit
Examination (CAHSEE), the State
Department of Education shall have
the authority to extend the
current contracts for both the
examination and the independent
evaluation of the examination. If
the examination contract is not
extended in the 2015-16 fiscal
year, the department shall develop
a plan for the use of any savings
from the funds appropriated in
schedule (3) for the CAHSEE
contract, and, as a condition of
expending these funds, submit the
plan to the Joint Legislative
Budget Committee and the
Department of Finance. First
priority for the use of any
savings shall be for the
development of the English
language development assessment,
the development of a primary
language assessment pursuant to
subparagraph (E) of paragraph (5)
of subdivision (b) of Section
60640 of the Education Code, and
the development of an alternate
assessment pursuant to paragraph
(3) of subdivision (b) of Section
60640 of the Education Code.
SEC. 74 . Item 6100-113-0890 of Section
2.00 of the Budget Act of 2015 is amended to
read:
6100-113-0890--For local assistance, State
Department of Education-Title VI Flexibility
and Accountability, payable from the Federal
Trust Fund................................... 20,439,000
Schedule:
(1) 5205200-Assessment
Review and Reporting... 600,000
(2) 5205204-English
Language Development
Assessment............. 7,242,000
(3) 5205206-High School
Exit Examination....... 5,172,000
(4) 5205212-High School
Exit Examination:
Evaluation of
Instruction............ 350,000
(5) 5205208-California
Student Assessment
System................. 7,075,000
Provisions:
1. The funds appropriated in Schedule
(5) are provided for contract
costs for the implementation of
the statewide pupil assessment
system established pursuant to
Chapter 489 of the Statutes of
2013, as approved by the State
Board of Education, and are
contingent upon Department of
Finance review of the related
contract during contract
negotiations and prior to its
execution.
2. The funds appropriated in Schedule
(2) shall be available for
approved contract costs for
administration of the California
English Language Development Test
consistent with the requirements
of Chapter 7 (commencing with
Section 60810) of Part 33 of
Division 4 of Title 2 of the
Education Code.
3. Funds appropriated in Schedule (3)
are provided for approved contract
costs related to the California
High School Exit Examination, to
be used consistent with Provision
4 of Item 6100-113-0001.
4. Funds appropriated in Schedule (4)
are for an evaluation of
instruction in the standards
covered by the California High
School Exit Examination to
determine the progress of middle
schools and high schools in
implementing instruction and
curriculum aligned to those
standards.
5. Funds appropriated in Schedule (1)
are for providing local
educational agencies information
regarding federal requirements
associated with assessments.
6. Funds provided to local
educational agencies from
Schedules (2), (3), and (5) shall
first be used to offset any state-
mandated reimbursable costs,
within the meaning of subdivision
(e) of Section 17556 of the
Government Code, that otherwise
may be claimed through the state
mandates reimbursement process for
the statewide pupil assessment
system established pursuant to
Chapter 489 of the Statutes of
2013, the California English
Language Development Test, the
California High School Exit
Examination, and the California
Alternate Performance Assessment.
Local educational agencies
receiving funding from these
schedules shall reduce their
estimated and actual mandate
reimbursement claims by the amount
of funding provided to them from
these schedules.
7. Federal funds provided in this
item for statewide testing
purposes shall be fully expended
before General Fund resources
provided in Item 6100-113-0001 are
expended for the same purposes.
8. The State Department of Education,
in consultation with the Executive
Director of the State Board of
Education, shall use savings
identified from funds appropriated
in Schedule (2) for activities
related to the development of
English language proficiency
assessments aligned to the English
language development standards
adopted by the State Board of
Education.
9. The Department of Finance, State
Department of Education,
Legislative Analyst's Office and
legislative staff, and the vendor
or vendors of the state's
California Assessment of Student
Performance and Progress contract
shall meet on an annual basis
every October and April to review
detailed fiscal information
regarding the current components
and costs of the contract. The
group also shall explore ways to
make annual improvements to the
state's assessment system or to
achieve related savings.
10. Contingent on the continuation of
the administration of the
California High School Exit
Examination (CAHSEE), the State
Department of Education shall have
the authority to extend the
current contracts for both the
examination and the independent
evaluation of the examination. If
the examination contract is not
extended in the 2015-16 fiscal
year, the department shall develop
a plan for the use of any savings
from the funds appropriated in
schedules (3) and (4) for the
CAHSEE contract and the evaluation
contract, and, as a condition of
expending these funds, submit the
plan to the Joint Legislative
Budget Committee and the
Department of Finance. First
priority for the use of any
savings shall be for the
development of the English
language development assessment,
the development of a primary
language assessment pursuant to
subparagraph (E) of paragraph (5)
of subdivision (b) of Section
60640 of the Education Code, and
the development of an alternate
assessment pursuant to paragraph
(3) of subdivision (b) of Section
60640 of the Education Code.
SEC. 75. Item 6100-119-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
6100-119-0001--For local assistance, State
Department of Education (Proposition 98), for
transfer to Section A of the State School
Fund, pursuant to Chapter 11.3 (commencing
with Section 42920) of Part 24 of Division 3
of Title 2 of the Education Code.............. 40,379,000
25,379,000
Schedule:
(1) 5205086-Educational
Services for Foster
Youth.................. 40,379,000
25,379,000
Provisions:
1. Of the funds appropriated in this
item, $155,000 is to reflect a cost-
of-living adjustment.
2. Beginning September 1, 2015,
$25,000,000 of the amount
2. The amount appropriated in this
appropriated in th i s i
tem shall be available
to fund
available to fund expanded foster
youth services program
eligibility pursuant to legislation
enacted in 2015.
foster youth services pursuant to
legislation enacted in 2015 that
aligns program requirements to
reflect the establishment of the
Local Control Funding Formula.
SEC. 76. Item 6100-161-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
6100-161-0001--For local assistance,
State Department of Education
(Proposition 98), Special Education
Programs for Exceptional Children........ 3,239,538,000
3,257,426,000
Schedule:
(1) 5200201-Special
Education Program
for Individuals
with Exceptional 3,134,736,00
Needs...............
3,152,624,0 0
0
(2) 5200217-Early
Education Program
for Individuals
with Exceptional
Needs............... 119,047,000
(3) Reimbursements to
5200217-Early
Education Program
for Individuals
with Exceptional
Needs............... -14,245,000
Provisions:
1. Funds appropriated in this item
are for transfer by the
Controller to Section A of the
State School Fund, in lieu of
the amount that otherwise would
be appropriated for transfer
from the General Fund in the
State Treasury to Section A of
the State School Fund for the
2015-16 fiscal year pursuant to
Sections 14002 and 41301 of the
Education Code, for
apportionment pursuant to Part
30 (commencing with Section
56000) of Division 4 of Title 2
of the Education Code,
superseding all prior law.
2. Of the funds appropriated in
Schedule (1), up to $17,593,000
shall be available to provide
special education and related
services to pupils with
low-incidence disabilities
pursuant to their individualized
education program. The
Superintendent of Public
Instruction shall allocate these
funds to special education local
plan areas on an equal per-pupil
rate using the methodology
specified in Section 56836.22 of
the Education Code.
3. Of the funds appropriated in
Schedule (1), up to $39,738,000
shall be available for the
purposes of vocational training
and job placement for special
education pupils through Project
Workability I pursuant to
Article 3 (commencing with
Section 56470) of Chapter 4.5 of
Part 30 of Division 4 of Title 2
of the Education Code. As a
condition of receiving these
funds, each local educational
agency shall certify that the
amount of nonfederal resources,
exclusive of funds received
pursuant to this provision,
devoted to the provision of
vocational education for special
education pupils shall be
maintained at or above the level
provided in the 1984-85 fiscal
year. The Superintendent of
Public Instruction may waive
this requirement for local
educational agencies that
demonstrate that the requirement
would impose a severe hardship.
6. Of the funds appropriated in
Schedule (1), up to $150,095,000
is available to fund the costs
of children placed in licensed
children's institutions who
attend nonpublic schools based
on the funding formula
authorized in Chapter 914 of the
Statutes of 2004.
7. Funds available for infant units
shall be allocated with the
following average number of
pupils per unit:
(a) For special classes and
centers-- 16.
(b) For resource specialist
programs-- 24.
(c) For designated
instructional services--
16.
8. Notwithstanding any other
provision of law, early
education programs for infants
and toddlers shall be
offered for 200 days. Funds
appropriated in Schedule (2)
shall be allocated by the State
Department of Education for the
2015-16 fiscal year to those
programs receiving allocations
for instructional units pursuant
to Section 56432 of the
Education Code for the Early
Education Program for
Individuals with Exceptional
Needs operated pursuant to
Chapter 4.4 (commencing with
Section 56425) of Part 30 of
Division 4 of Title 2 of the
Education Code, based on
computing 200-day entitlements.
9. Notwithstanding any other
provision of law, state funds
appropriated in Schedule (2) in
excess of the amount necessary
to fund the deficited
entitlements pursuant to Section
56432 of the Education Code
shall be available for
allocation by the State
Department of Education to local
educational agencies for the
operation of programs
serving solely low-incidence
infants and toddlers pursuant to
Title 14 (commencing with
Section 95000) of the Government
Code. These funds shall be
allocated to each local
educational agency for each
solely low-incidence child
through two years of age in
excess of the number of solely
low-incidence children through
two years of age served by the
local educational agency during
the 1992-93 fiscal year and
reported on the April 1993 pupil
count. These funds shall only be
allocated if the amount of
reimbursement received from the
State Department of
Developmental Services is
insufficient to fully fund the
costs of operating the Early
Intervention Program, as
authorized by Title 14
(commencing with Section 95000)
of the Government Code.
10. Funds appropriated in this item,
unless otherwise specified, are
available for the sole purpose
of funding 2015-16 fiscal
year special education program
costs and shall not be used to
fund any prior year adjustments,
claims, or costs.
11. Of the amount provided in
Schedule (1), up to $196,000
shall be available to fully fund
the declining enrollment of
necessary small special
education local plan areas
pursuant to Chapter 551 of the
Statutes of 2001.
12. Pursuant to Section 56427 of the
Education Code, of the funds
appropriated in Schedule (1), up
to $2,324,000 may be used to
provide funding for infant
programs, and may be used for
those programs that do not
qualify for funding pursuant to
Section 56432 of the Education
Code.
13. Of the funds appropriated in
Schedule (1), up to $1,317,000
shall be used for a personnel
development program. This
program shall include state-
sponsored staff development for
special education personnel to
have the necessary content
knowledge and skills to serve
children with disabilities. This
funding may include training and
services targeting special
education teachers and related
service personnel that teach
core academic or multiple
subjects to meet the applicable
special education requirements
of the federal Individuals with
Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.).
14. Of the amount appropriated in
this item, up to $1,480,000 is
available for the state's share
of costs in the settlement of
Emma C. v. Delaine Eastin, et
al. (N.D. Cal. No. C96-4179TEH).
The State Department of
Education shall report by
January 1, 2016, to the fiscal
committees of both houses of the
Legislature, the Department of
Finance, and the Legislative
Analyst's Office on the planned
use of the additional special
education funds provided to the
Ravenswood Elementary School
District pursuant to this
settlement. The report shall
also provide the State
Department of Education's best
estimate of when this
supplemental funding will no
longer be required by the court.
The State Department of
Education shall comply with the
requirements of Section 948 of
the Government Code in any
further request for funds to
satisfy this settlement.
15. Notwithstanding any other
provision of law, state funds
appropriated in Schedule (1) in
excess of the amount necessary
to fund the defined entitlement
shall be to fulfill other
shortages in entitlements
budgeted in this schedule by the
State Department of Education,
upon Department of Finance
approval, to any program funded
under Schedule (1).
16. Of the amount specified in
Schedule (1), $361,910,000 shall
be available only to provide
educationally related mental
health services, including out-
of-home residential services for
emotionally disturbed pupils,
required by an individualized
education program pursuant to
the federal Individuals with
Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) and as
described in Section 56363 of
the Education Code. The
Superintendent of Public
Instruction shall allocate these
funds to special education local
plan areas in the 2015-16 fiscal
year based upon an equal rate
per pupil using the
methodology specified in Section
56836.07 of the Education Code.
18. The funds appropriated in this
item reflect an adjustment to
the base funding of 0.340
percent for the annual
adjustment in statewide average
daily attendance.
19. Of the amount provided in
Schedule (1), $37,202,000 is to
reflect a cost-of-living
adjustment.
20. Of the amount provided in
Schedule (2), $896,000 is to
reflect a cost-of-living
adjustment.
21. Of the funds appropriated in
Schedule (1), up to $6,000,000
is available for extraordinary
costs associated with single
placements. Special education
local plan areas are eligible to
submit claims for costs
exceeding the threshold
calculated pursuant to
subdivision (b) of Section
56836.21 of the Education Code,
on forms developed by the State
Department of Education pursuant
to subdivision (c) of Section
56836.21 of the Education Code.
(a) Up to $3,000,000 shall
first be allocated in
reimbursements for
extraordinary costs
associated with
educationally related
mental health services,
including out-of-home
residential services for
necessary small special
education local plan
areas, as defined
in Section 56212 of the
Education Code.
(b) Any funds not used for
extraordinary costs
pursuant to subdivision
(a) shall be available
for extraordinary costs
associated with
placements in nonpublic,
nonsectarian schools,
pursuant to Section
56836.21 of the Education
Code. These funds shall
also provide
reimbursement for costs
associated with pupils
residing in licensed
children's institutions.
22. Of the amount specified in
Schedule (1), up to $2,792,000
shall be available for small
SELPAs to conduct regionalized
services, pursuant to Section
56836.31 of the Education Code.
23. The funds appropriated in
Schedule (1) shall first be
considered offsetting revenues
within the meaning of
subdivision (e) of Section 17556
of the Government Code for any
reimbursable mandated cost claim
for behavioral intervention
plans (CSM 4465), inclusive of
activities performed pursuant to
Sections 56521.1 and 56521.2 of
the Education Code.
24. Of the amount provided in
Schedule (2), $30,000,000 shall
be available to provide early
intervention services to infants
and toddlers younger than three
years of age. The Superintendent
of Public Instruction shall
allocate these funds to special
education local plan areas,
school districts, charter
schools, or county offices of
education based on a
distribution method to be
determined by the State
Department of Education, the
Department of Finance, and the
Legislative Analyst's Office.
SEC. 77. Item 6100-194-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
6100-194-0001--For local assistance,
State Department of Education, for
allocation by the Superintendent of
Public Instruction to school districts,
county offices of education, and other
agencies for child care and development
programs included in this item, in lieu
of the amount that otherwise would be
appropriated pursuant to any other 1,180,285,0
statute................................... 00
941,630,000
Schedule:
(1) 5210026-General
Child Development.... 389,834,000
215,098,000
(2) 5210028-Migrant Day
Care................. 24,578,000
23,881,000
(3) 5210030-Alternative
Payment.............. 157,084,000
105,873,000
(4) 5210032-Resource and
Referral............. 18,878,000
(5) 5210034-CalWORKs
Stage 2.............. 425,322,000
404,229,000
(6) 5210036-CalWORKs
Stage 3.............. 156,895,000
142,153,000
(7) 5210038-Accounts
Payable.............. 4,000,000
(8) 5210040-Child Care
for Children with
Severe Disabilities.. 1,674,000
1,635,000
(9) 5210042-California
Child Care
Initiative........... 225,000
(10) 5210044-Quality
Improvement.......... 1,761,000
1,461,000
(11) 5210046-Local
Planning Councils.... 34,000
(12) 5210010- Child
Development, Quality
Rating Improvement
System Grants........ 24,163,000
Provisions:
1. Funds in Schedules (4), (9),
(10), and (11) shall be
allocated to meet federal
requirements to improve the
quality of child care and shall
be used in accordance with the
approved California state plan
for the federal Child Care and
Development Fund that is
developed pursuant to the
requirements under Section
8206.1 of the Education Code.
2. Nonfederal funds appropriated in
this item which have been
budgeted to meet the state's
Temporary Assistance for Needy
Families maintenance-of-effort
requirement established pursuant
to the federal Personal
Responsibility and Work
Opportunity Reconciliation Act
of 1996 (P.L. 104-193) may not
be expended in any way that
would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
3. Notwithstanding any other
provision of law, funds in
Schedule (7) are available for
accounts payable for alternative
payment programs for actual and
allowable costs incurred for
additional services, pursuant to
Section 8222.1 of the Education
Code. The State Department of
Education shall give priority
for the allocation of these
funds for accounts payable.
4. The amounts provided in
Schedules (1), (2), (3), and (8)
of this item reflect an
adjustment to the base funding
of 0.37 percent for an increase
in the population of 0-4 year-
olds.
5. The maximum standard
reimbursement rate shall not
exceed $3 9.5 8 .29 per day
for
general child care programs.
This reflects a 1.02 percent
cost-of-living adjustment and a
7. 5 percent rate increase to the
standard reimbursement rate. The
maximum standard reimbursement
rate shall not exceed
$ 42 38 . 29
53 for full-day state
preschool programs. Furthermore,
the migrant child care program
shall adhere to the maximum
standard reimbursement rates as
prescribed for the general child
care programs. All other rates
and adjustment factors shall
conform.
6. (a) Alternative payment
child care programs
shall be subject to the
rate ceilings
established in the
Regional Market Rate
Survey of California
child care and
development providers
for provider payments.
When approved pursuant
to Section 8447 of the
Education Code, any
changes to the market
rate limits, adjustment
factors, or regions
shall be utilized
by the State Department
of Education, the
California Community
Colleges, and the State
Department of Social
Services in various
programs under the
jurisdiction of these
departments.
(b) Until January 1, 2016,
(b) Until October 1, 2015,
the funds appropriated
in this item for the
cost of licensed child
care services provided
through alternative
payment or voucher
programs, including
those provided under
Article 3 (commencing
with Section 8220) and
Article 15.5 (commencing
with Section 8350) of
Chapter 2 of Part 6 of
Division 1 of Title 1 of
the Education Code,
shall be used only to
reimburse child care
costs up to the
deficited 85th
percentile of the rates
charged by providers
offering the same type
of child care for the
same age child in that
region, based on the
2009 Regional Market
Rate Survey data. The
85th percentile of rates
based on the 2009
Regional Market Rate
Survey shall be reduced
by 10.11 percent,
pursuant to Section 8447
of the Education Code.
If the reduced rate
schedule reimbursement
amount for a particular
county rate is less than
the reimbursement amount
provided for the same
rate prior to January 1,
2015, then the State
Department of Education
shall use the rate
schedule from the 2005
Regional Market Rate
Survey for that
particular reimbursement
amount. As of Janua Octobe
r y 1,
201 6 5 , the funds
appropriated in this
item for the cost of
licensed child care
services provided
through alternative
payment or voucher
programs, including
those provided under
Article 3 (commencing
with Section 8220) and
Article 15.5 (commencing
with Section 8350) of
Chapter 2 of Part 6 of
Division 1 of Title 1 of
the Education Code,
shall be used only to
reimburse child care
costs up to the 70th
costs up to104.5 percent
of the deficited 85th
percentile of the rates
charged by providers
offering the same type
of child care for the
same age child in that
region, based on the
20 14 09 Regional
Market
Rate Survey data. If t T
he
85th percentile of rates
based on the 2009
Regional Market Rate
Survey shall be reduced
by 10.11 percent,
pursuant to Section 8447
of the Education Code.
If the reduced rate
rate schedule
reimbursement
reimbursement amount for a
particular
a particular county rate is
less than
is less than the
the reimbursement amount
provided for the same
rate prior to January 1,
201 6 5 , then the
State
Department of Education
shall use 104.5 percent
shall use of the rate
schedule
schedule in place prior
to January 1, 2016, for
from the 2005 Regional
Market Rate Survey for
that particular
reimbursement amount .
(c) Until January 1, 2016,
(c) Until October 1, 2015,
the funds appropriated
in this item for the
cost of license-exempt
child care services
provided through
alternative payment or
voucher programs,
including those provided
under Article 3
(commencing with Section
8220) and Article 15.5
(commencing with Section
8350) of Chapter 2 of
Part 6 of Division 1 of
Title 1 of the Education
Code, shall be used only
to reimburse license-
exempt child care costs
up to 60 percent of the
regional reimbursement
rate limits established
for family child care
homes. As of Janua Octobe
r y 1,
201 6 5 , the funds
appropriated in this
item for the cost of
license-exempt child
care services provided
through alternative
payment or voucher
programs, including
those provided under
Article 3 (commencing
with Section 8220) and
Article 15.5
(commencing with Section
8350) of Chapter 2 of
Part 6 of Division 1 of
Title 1 of the Education
Code, shall be used only
to reimburse license-
exempt child care costs
up to 70 65 percent
of the
regional reimbursement
rate limits established
for family child care
homes.
7. (a) The State Department of
Education (SDE) shall
conduct monthly analyses
of CalWORKs Stage 2 and
Stage 3 caseloads and
expenditures and adjust
agency contract maximum
reimbursement amounts
and allocations as
necessary to ensure
funds are distributed
proportionally to need.
The SDE shall share
monthly caseload
analyses with the State
Department of
Social Services (DSS).
(b) The SDE shall provide
quarterly information
regarding the
sufficiency of funding
for Stage 2 and Stage 3
to DSS. The SDE shall
provide caseloads,
expenditures,
allocations, unit costs,
family fees, and other
key variables and
assumptions used in
determining the
sufficiency of state
allocations. Detailed
backup by month and on a
county-by-county basis
shall be provided to the
DSS at least on a
quarterly basis for
comparisons with Stage 1
trends.
(c) By September 30 and
March 30 of each year,
the SDE shall ensure
that detailed caseload
and expenditure data,
through the most
recent period for Stage
2 and Stage 3 along with
all relevant
assumptions, is provided
to DSS to facilitate
budget development. The
detailed data provided
shall include actual and
projected monthly
caseload from Stage 2
scheduled to time off of
their transitional child
care benefit from the
last actual month
reported by agencies
through the next two
fiscal years as well as
local attrition
experience. DSS shall
utilize data provided by
the SDE, including key
variables from the prior
fiscal year and the
first two months of the
current fiscal year, to
provide coordinated
estimates in November of
each year for each of
the three stages of care
for preparation of the
Governor's Budget, and
shall utilize data from
at least the first two
quarters of the current
fiscal year, and any
additional monthly data
as they become available
for preparation of the
May Revision. The DSS
shall share its
assumptions and
methodology with the SDE
in the preparation of
the Governor's Budget.
(d) The SDE shall coordinate
with the DSS to identify
annual general
subsidized child care
program expenditures for
Temporary Assistance for
Needy Families-eligible
children. The SDE shall
modify existing
reporting forms as
necessary to capture
this data.
(e) The SDE shall provide to
the DSS, upon request,
access to the
information and data
elements necessary to
comply with federal
reporting requirements
and any other
information deemed
necessary to improve
estimation of child care
budgeting needs.
(f) On or before January 30,
2016, following
consultation with the
DSS, the SDE shall
determine the adequacy
of funding appropriated
by the Legislature for
CalWORKs Stage 2 and
Stage 3. If the SDE
determines that the
Stage 2 appropriation
exceeds the current year
caseload needs and the
Stage 3 appropriation is
not sufficient to fully
fund its caseload need,
then the SDE shall
submit a request to the
Department of Finance to
transfer the excess
funds from Schedule (5),
CalWORKs Stage 2 child
care to Schedule (6),
CalWORKs Stage 3 child
care. Notwithstanding
Section 26.00 or any
other provision of law,
the Department of
Finance may, at its
discretion, approve such
a transfer.
(g) Notwithstanding any
other provision of law
or any other
sections of this act,
the Department of
Finance may augment the
appropriation for
CalWORKs Stage 3 if the
estimate of
expenditures, as
determined by the SDE,
following consultation
with the DSS, will
exceed the expenditures
authorized in Schedule
(6). The Department of
Finance shall report any
augmentation pursuant to
this paragraph to the
Joint Legislative Budget
Committee. At the time
the report is made, the
amount of the
appropriation made in
Schedule (6) shall be
increased by the amount
of the augmentation.
(h) The Director of Finance
may, pursuant to
subdivisions (f) and (g)
of Provision 7,
authorize the
augmentation of the
amount available for
expenditure in Schedule
(6) by making a transfer
from Schedule (5). An
augmentation may be
authorized not sooner
than 30 days after
notification in
writing of the necessity
to exceed the
limitations is provided
to the Joint Legislative
Budget Committee, or
whatever lesser time the
chairperson of the joint
committee may determine.
Any request made by the
SDE to augment the
CalWORKs Stage 3
appropriation shall be
approved only in order
to cover increases in
costs that are
consistent with
assumptions of this act.
This provision shall not
be construed to treat
Stage 3 as an
entitlement.
8. Notwithstanding any other
provision of law, the funds in
Schedule (6) are reserved
exclusively for continuing child
care for the following: (a)
former CalWORKs families who are
working, have left cash aid, and
have exhausted their two-year
eligibility for transitional
services in either Stage 1 or
Stage 2 pursuant to subdivision
(c) of Section 8351 or Section
8353 of the Education Code,
respectively, but still meet
eligibility requirements for
receipt of subsidized child care
services, and (b) families who
received lump-sum diversion
payments or diversion services
under Section 11266.5 of the
Welfare and Institutions Code
and have spent two years in
Stage 2 off of cash aid, but
still meet eligibility
requirements for receipt of
subsidized child care services.
9. Notwithstanding any other
provision of law, each local
planning council receiving funds
appropriated in Schedule (11)
shall meet the requirements of
Section 8499.5 of the Education
Code to the extent feasible and
to the extent data is readily
accessible.
10. Notwithstanding any other
provision of law, the
implementation of Provision 12
is not subject to the appeal and
resolution procedures for
agencies that contract with the
State Department of Education
for the provision of child care
services or the due process
requirements afforded to
families that are denied
services specified in Chapter 19
(commencing with Section 18000)
of Division 1 of Title 5 of the
California Code of Regulations.
11. Notwithstanding the rulemaking
provisions of the Administrative
Procedure Act (Chapter 3.5
(commencing with Section 11340)
of Part 1 of Division 3 of Title
2 of the Government Code), the
State Department of Education
may implement Provision 12
through management bulletins or
similar instructions.
12. Notwithstanding any other
provision of law, families shall
be disenrolled from subsidized
child care services consistent
with the priorities for services
specified in subdivision (b) of
Section 8263 of the Education
Code. Families shall be
disenrolled in the following
order: (a) families with the
highest income below 8 7 0
percent
of the State Median Income (SMI)
adjusted for family size, (b) of
families with the same income
level, those that have been
receiving child care services
for the longest period of time,
(c) of families with the same
income level, those that have a
child with exceptional needs,
and (d) families with children
who are receiving child
protective services or are at
risk of being neglected or
abused, regardless of family
income.
13. Of the amount appropriated in
Schedule (1), $7,120,000 is
available to provide 5,000
wraparound care slots for full-
day state preschool beginning
March 1, 2016.
14. Of the amount appropriated in
Schedule (3), $99,500,000 is
available to provide 12,000
voucher child care slots
beginning January 1, 2016.
15. Of the amount appropriated in
Schedule (10), $300,000 is
available for contracting for a
consumer education and referral
database project.
14. Of the amount appropriated in
Schedule (3), $52,627,000 is
available to provide 6,800
voucher child care slots.The
Department shall allocate these
slots based on the existing
distribution of alternative
payment program contracts.
16. Of the amount appropriated in
Schedule (1), $3,471,000 is
available to provide wraparound
child care for 1,200 full-day
state preschool slots beginning
January 1, 2016.
17. The amount provided in Schedule
(12) is available for Quality
Rating and Improvement System
(QRIS) consortia to provide
training, technical assistance,
and resources to help infant and
toddler child care providers
meet a higher tier of quality as
determined by their local QRIS
matrix. No more the 20 percent
of the funding awarded to a
consortia may be allocated
directly to child care
providers. Each county
participating in a QRIS
consortia and in good standing
with the California Department
of Education (CDE) shall receive
a minimum grant amount of
$25,000 for this purpose, with
remaining funds distributed to
consortia based on their
proportion of contracts with CDE
for infant and toddler child
care and development.
Notwithstanding any other
provision of law, the funds
appropriated in this schedule
shall be available for
encumbrance until June 30, 2017.
SEC. 78. Item 6100-194-0890 of Section 2.00 of the
Budget Act of 2015 is amended to read:
6100-194-0890--For local assistance, State
Department of Education, payable from the
Federal Trust Fund.......................... 582,852,000
Schedule:
(1) 5210026-General Child
Development........... 235,067,000
(2) 5210028-Migrant Day
Care.................. 5,411,000
(3) 5210030-Alternative
Payment............... 144,779,000
(4) 5210034-CalWORKs
Stage 2............... 10,000,000
(5) 5210036-CalWORKs
Stage 3............... 136,069,000
(6) 5210044-Quality
Improvement........... 48,207,000
(7) 5210046-Local
Planning Councils..... 3,319,000
Provisions:
1. Notwithstanding any other provision
of law, the funds appropriated in
this item, to the extent
permissible under federal law, are
subject to Section 8262 of the
Education Code.
2. Of the funds appropriated in
this item, $10,000,000 is from the
transfer of funds, pursuant to Item
5180-402, from the federal
Temporary Assistance for Needy
Families (TANF) Block Grant
administered by the State
Department of Social Services to
the federal Child Care and
Development Block Grant for
CalWORKs Stage 2 child care.
3. Funds in Schedules (6) and (7)
shall be allocated to meet federal
requirements to improve the quality
of child care and shall be used in
accordance with the approved
California state plan for the
federal Child Care and Development
Fund that is developed pursuant to
the requirements under Section
8206.1 of the Education Code.
4. Notwithstanding any other provision
of law, each local planning council
receiving funds appropriated in
Schedule (7) shall meet the
requirements of Section 8499.5 of
the Education Code to the extent
feasible and to the extent data is
readily accessible.
5. Of the funds appropriated in this
item, $18,469,000 is available on a
one-time basis for CalWORKs Stage 3
child care from federal Child Care
and Development Block Grant funds
appropriated prior to the 2015-16
federal fiscal year.
6. (a) Of the funds appropriated in
Schedule (6) of this item,
$ 3 2 , 1
8 92,000 is available on a one-
time basis for quality activities
from federal Child Care and
Development Block Grant funds
appropriated prior to the 2015-16
federal fiscal year. The State
Department of Education shall
allocate these funds pursuant to
federal law and reflecting the
following priorities:
(1) First, to provide one-
time resources to
meet the requirements
of the 2014
reauthorization of
the federal Child
Care and Development
Block Grant.
(2) Second, to support
the retention
and training of
teachers and staff
working in state and
federally subsidized
child care programs.
(b) Funds appropriated in
Schedule (6) of this item
shall not be expended to
develop Feasibility Study
Reports or to support new
information technology
projects, unless approved by
the Department of Finance
and not sooner than 30 days
after notification in
writing to the Chairperson
of the Joint Legislative
Budget Committee.
7. Of the funds appropriated in
Schedule (6) of this item, $300,000
is available on a one-time basis
for the Resource and Referral
Network from federal Child Care and
Development Block Grant funds
appropriated prior to the 2015-16
federal fiscal year. It is the
intent of the Legislature that this
funding may support data collection
efficiency.
SEC. 79. Item 6100-195-0890 of Section 2.00 of the
Budget Act of 2015 is amended to read:
6100-195-0890--For local assistance,
State Department of Education, Part A of
Title II of the federal Elementary and
Secondary Education Act (20 U.S.C. Sec.
6621 et seq.; Teacher and Principal
Training and Recruiting Fund), payable
from the Federal Trust Fund............... 251,865,000
249,547,000
Schedule:
(1) 5205168-Improving
Teacher Quality
Local Grants........ 239,360,000
(2) 5205150-California
Subject Matter
Projects............ 3,410,000
(3) 5205176-Improving
Teacher Quality
Higher Education
Grants.............. 8,617,000
6,299,000
(4) 5205180-Improving
Teacher Quality
State Level
Activity Grants..... 478,000
Provisions:
1. The funds appropriated in
Schedule (2) shall be
transferred to the University of
California, which shall use the
funds for the Subject Matter
Projects pursuant to Article 1
(commencing with Section 99200)
of Chapter 5 of Part 65 of
Division 14 of Title 3 of the
Education Code.
2. The funds appropriated in
Schedule (3) shall be for local
assistance activities for the
Improving Teacher Quality Higher
Education grants, funded through
the federal No Child Left Behind
Act of 2001 (P.L. 107-110).
3. The funds appropriated in
Schedule (4) shall be reserved
for the professional development
of private school teachers and
administrators as required by
Title II of the federal
Elementary and Secondary
Education Act (20 U.S.C. Sec.
6601 et seq.).
4. Of the funds appropriated in
Schedule (3), $2,318,000 is
provided in one-time carryover
funds for beginning teacher and
administrator induction
programs. The funds shall not be
used for additional indirect
administrative costs.
SEC. 80. Item 6100-196-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
6100-196-0001--For local assistance,
State Department of Education
(Proposition 98), for transfer by the
Controller to Section A of the State
School Fund, for allocation by the
Superintendent of Public Instruction to
school districts, county offices of
education, and other agencies for the
purposes of part-day state preschool
programs pursuant to Article 7
(commencing with Section 8235) of Chapter
2 of Part 6 of Division 1 of Title 1 of
the Education Code funded in this item,
in lieu of the amount that otherwise
would be appropriated pursuant to any
other statute............................. 817,911,000
884,773,000
Schedule:
(1) 5210020-Preschool
Education........... 742,911,000
834,773,000
(2) 5210010-Child
Development,
Quality Rating
Improvement System
Grants.............. 75,000,000
50,000,000
Provisions:
1. Nonfederal funds appropriated in
this item which have been
budgeted to meet the state's
Temporary Assistance for Needy
Families maintenance-of-effort
requirement established pursuant
to the federal Personal
Responsibility and Work
Opportunity Reconciliation Act
of 1996 (P.L. 104-193) may not
be expended in any way that
would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
2. The amount provided in Schedule
(1) reflects an adjustment to
the base funding of 0.37 percent
for an increase in the
population of 0-4 year-olds.
3. The maximum standard
reimbursement rate shall not
exceed $2 7 3 . 14
87 per day for part-
day state preschool programs.
This reflects a 1.02 percent
cost-of-living adjustment, a 1
percent increase to reflect
increased information and annual
teacher training requirements
pursuant to subdivisions (b) and
(c) of Section 8238 of the
Education Code, a nd a 7. 5
percent
increase to the standard
reimbursement rate.The maximum
standard reimbursement rate , and a
10
percent increase to the part-day
state preschool rate.
shall not exceed $38.53 for full-
day state preschool programs.
4. Of the amount appropriated in
Schedule (1), up to $5,000,000
is available for the family
literacy supplemental grant
provided to California state
preschool programs pursuant to
Section 8238.4 of the Education
Code.
5. Of the amount provided in
Schedule (2), $50,000,000 is
available for Quality Rating and
Improvement System grants
provided to state preschool
programs and $25,000,000 is
available for Quality Rating and
Improvement System grants
provided to infants and toddlers
p rograms p ursuant to Section 8203.1
of
8203.1 of the Education Code.
6. Of the amount appropriated in
Schedule (1), $12,103,000 is
available to provide 2,500 slots
for part-day state preschool.
First priority for these slots
is for state preschool
contractors that intend to use
these slots to increase access
for children with exceptional
needs.
7. Of the amount appropriated in
Schedule (1), $5,881,000 is
Schedule (1) $28,369,000 is
available to provide 5, 83 0 00
slots
for full-day state preschool to
beginning March 1, 2016.
local educational agencies
beginning January 1, 2016.
11. Of the amount appropriated in
Schedule (1), $4,033,000 is
available to provide 10,000
Schedule (1), $2,507,000 is
available to provide 1,200 slots
slots for part-day state
preschool
preschool beginning June 15,
beginning January 1, 2016.
SEC. 81. Item 6100-249-0001 of Section 2.00 of the
Budget Act of 2015 is repealed.
6100-249-0001--For local assistance, State
Department of Education (Proposition 98),
After School Education and Safety Program... 25,000,000
Schedule:
(1) 5210048-After School
Programs............. 25,000,000
SEC. 82. Item 6120-211-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
6120-211-0001--For local assistance,
California State Library, California Library
Services Act pursuant to Chapter 4
(commencing with Section 18700) of Part 11 of
Division 1 of Title 1 of the Education Code... 5,880,000
1,880,000
Schedule:
(1) 5312-Library Development
Services.................... 5,880,000
1,880,000
SEC. 83. Item 6120-213-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
6120-213-0001--For local assistance,
California State Library, California Library
Literacy and English Acquisition Services
Program, pursuant to Section 18880 of the
Education Code............................... 4,820,000
5,820,000
Schedule:
(1) 5312-Library Development
Services................... 4,820,000
5,820,000
Provisions:
1. This item includes $1,000,000
provided on a one-time basis for a
pilot of the Career Online High
School program.
SEC. 84. Item 6440-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
6440-001-0001--For support of University
of California............................. 3,084,638,000
3,056,138,000
Schedule:
(1) 5440-Support......... 3,084,638,00
3,056,138,00
0
Provisions:
1. This appropriation is exempt from
Sections 6.00 and 31.00.
2. (a) Of the amount included in
Schedule (1), $25,000,000
shall be released to the
University of California
only upon certification by
the Director of Finance
that the university has
complied with paragraph
(b).
(b) The Regents of the
University of California
shall report to the
Director of Finance, the
chairpersons of the
committees in each house
of the Legislature that
consider the State Budget,
and the chairpersons of
the budget subcommittees
in each house that
consider appropriations
for the university, all of
the following:
(1) Evidence that the
university (A) has
increased the
number of resident
students enrolled
by at least 5,000
resident students
compared to the
number of resident
students enrolled
in the 2014-15
academic year or
(B) intends to
increase the number
of resident
students enrolled
by at least 5,000
resident students
in the 2016-17
academic year
compared to the
number of resident
students enrolled
in the 2014-15
academic year.
(2) Information
indicating that the
Regents will not
increase student
tuition in the 2015-
16 and 2016-17
academic years
compared to the
amount charged in
the 2014-15
academic year.
(3) Information
indicating that the
university is
phasing out
institutional
financial aid for
nonresident
students and will
not offer
institutional aid
to nonresidents
beginning with
nonresident
students entering
in the 2016-17
academic year, as
well as evidence
that those funds
are instead used to
support resident
students.
(4) Evidence that the
university will not
increase
nonresident
enrollment at the
Berkeley, Los
Angeles, and San
Diego campuses
above 2015-16
levels for the 2016-
17 school year.
(c) If these funds have not
been released to the
university by April 30,
2016, the funds shall
revert to the General Fund.
2. (a) The Legislature finds and
declares all of the
following:
(1) The Regents of the
University of
California
endorsed, on May
21, 2015, the
framework for long-
term funding agreed
upon by the
Governor and the
President of the
University,
pursuant to which
tuition will not
increase in the
2015-16 and 2016-17
academic years and
the university will
implement reforms
to reduce the cost
structure of the
university and
improve access,
quality, and
outcomes.
(2) The reforms
included in the
framework endorsed
by the Regents will
create capacity for
all campuses of the
university to serve
more resident
students, including
by easing transfer
from the community
colleges, reducing
the amount of time
it takes students
to complete
programs, and using
technology and data
to improve
allocation of
available resources.
(3) In addition to the
funds included in
this appropriation
and those described
in the framework,
other funds,
including existing
resources that can
be redirected to
higher priorities,
such as those
currently being
used to provide
financial aid to
nonresident
students, are also
available to enable
more resident
students to enter
the university at
all of its campuses.
(4) Furthermore, it is
the intent of the
Legislature that
those funds
generated by an
increase in the
number of
nonresident
students enrolled
in the 2015-16
academic year,
compared to the
number of
nonresident
students enrolled
in the 2014-15
academic year, and
increases in
nonresident
supplemental
tuition, as
approved by the
Regents on May 21,
2015, be used
specifically to
support an increase
in the number of
resident students
enrolled.
(b) To address immediate
needs, the university is
expected to enroll, no
later than the 2016-17
academic year, at least
5,000 more resident
undergraduate students
than the number enrolled
in the 2014-15 academic
year.
(c) If the Regents provide
sufficient evidence to the
Director of Finance on or
before May 1, 2016, to
demonstrate that the
university will satisfy
the expectation enumerated
in subdivision (b), the
Director of Finance shall
increase this
appropriation by
$25,000,000 and notify the
Joint Legislative Budget
Committee.
2.1. No later than April 1, 2016, the
Regents of the University of
California shall report to the
Director of Finance and, in
conformity with Section 9795 of
the Government Code, to the
Legislature on its use of these
funds for targeted support
services to increase systemwide
and campus four-year and six-year
graduation rates and two-year and
three-year transfer graduation
rates of low-income and
underrepresented student
populations.
2.1. The University of California
shall provide targeted support
services for the purpose of
increasing systemwide and campus
four-year and six-year graduation
rates and two-year and three-year
transfer graduation rates of low-
income and underrepresented
student populations. No later
than April 1, 2016, the Regents
of the University of California
shall report to the Director of
Finance and, in conformity with
Section 9795 of the Government
Code, to the Legislature on its
use of these funds for these
purposes.
2.2. It is the intent of the
Legislature that revenue
generated by increased
nonresident enrollment in the
2015-16 academic year, compared
to nonresident enrollment in the
2014-15 academic year, and
increased nonresident
supplemental tuition, as approved
by the Regents of the University
of California in May 2015, shall
support growth in the number of
resident students enrolled.
2. 3 2 . The Regents of the
University of
California
California shall improve
shall improve transparency regarding
the
regarding its budget by posting
information on the website of the
university's budget. The Regents
shall ensure that information is
posted on the website of the
Office of the President of th e
at
University of California that
details subcategories of
personnel within the Managers and
Senior Professional personnel
category and disaggregates all
personnel categories by fund
source.
2. 4 3 . No later than December 10,
2015,
the President of the University
the Regents of the University of
of California shall report to the
Director of Finance and, in
conformity with Section 9795 of
the Government Code, to the
Legislature, all of the following:
(a) All university fund
sources legally allowable
to support costs for
undergraduate, graduate
academic, and graduate
professional education.
(b) The factors the university
considers to determine
which funds to use for
educational activities and
how much of those funds to
use.
(c) The sources of the funds
included in the
calculation of
expenditures
reported pursuant to
Section 92670 of the
Education Code.
2.4. (a) The Regents of the
University of California
shall implement further
measures to reduce the
university's cost
structure.
(b) The Legislature finds and
declares that many state
employees hold positions
with comparable scope of
responsibilities,
complexity, breadth of job
functions, experience
requirements, and other
relevant factors to those
employees designated to be
in the Senior Management
Group pursuant to existing
Regents policy.
(c) (1) Therefore, at a
minimum, the
Regents shall, when
considering
compensation for
any employee
designated to be in
the Senior
Management Group,
use a market
reference zone that
includes state
employees.
(2) At a minimum, the
Regents shall
identify all
comparable
positions from the
lists included in
subdivision (l) of
Section 8 of
Article III of the
California
Constitution and
Article 1
(commencing with
Section 11550) of
Chapter 6 of Part 1
of Division 3 of
Title 2 of the
Government Code.
3. (a) The Regents of the
University of California
shall approve a plan that
includes at least all of
the following:
(1) Projections of
available resources
in the 2016-17,
2017-18, and 2018-
19 fiscal years. In
projecting General
Fund appropriations
and student tuition
and fee revenues,
the university
shall use any
assumptions
provided by the
Department of
Finance. The
Department of
Finance shall
provide any
assumptions no
later than August
1, 2015.
(2) Projections of
expenditures in the
2016-17, 2017-18,
and 2018-19 fiscal
years and
descriptions of any
changes to current
operations
necessary to ensure
that expenditures
in each of those
years are not
greater than the
available resources
projected for each
of those years
pursuant to
paragraph (1).
(3) Projections of
resident and
nonresident
enrollment in the
2016-17, 2017-18,
and 2018-19
academic years,
assuming
implementation of
any changes
described in
paragraph (2).
(4) The university's
goals for each of
the measures listed
in subdivision (b)
of Section 92675 of
the Education Code
for the 2016-17,
2017-18, and 2018-
19 academic
years, assuming
implementation of
any changes
described in
paragraph (2). It
is the intent of
the Legislature
that these goals be
challenging and
quantifiable,
address achievement
gaps for
underrepresented
populations, and
align the
educational
attainment of
California's adult
population to the
workforce and
economic needs of
the state, pursuant
to the legislative
intent expressed in
Section 66010.93 of
the Education Code.
(b) The plan approved pursuant
to subdivision (a) shall
be submitted no later than
November 30, 2015, to the
Director of Finance, the
chairpersons of the
committees in each house
of the Legislature that
consider the State Budget,
the chairpersons of the
budget subcommittees in
each house of the
Legislature that consider
appropriations for the
University of California,
the chairpersons of
the committees in each
house of the Legislature
that consider
appropriations, and the
chairpersons of the policy
committees in each house
of the Legislature with
jurisdiction over bills
relating to the university.
4. (a) The University of
California shall allocate
from this appropriation
the amount necessary to
pay in full the fees
anticipated to become due
and payable during the
fiscal year associated
with lease-revenue bonds
issued by the State Public
Works Board on its behalf
and the amount of general
obligation bond debt
service attributable to
the university.
(b) The Controller shall
transfer funds from this
appropriation upon receipt
of the following reports:
(1) The State Public
Works Board shall
report to the
Controller the fees
anticipated to
become due and
payable in the
fiscal year
associated with any
lease-revenue bonds
that were issued on
behalf of the
university.
(2) The Department of
Finance shall
report to the
Controller the
amount of general
obligation bond
debt service
anticipated to
become due and
payable in the
fiscal year
attributable to the
university.
(3) The State Public
Works Board or the
Department of
Finance shall
submit a revised
report if either
entity determines
that an amount
previously reported
to the Controller
is inaccurate. If
necessary pursuant
to any revised
reports, the
Controller shall
return funds to
this appropriation.
4.5. Of the funds appropriated in this
item:
(a) $6,000,000 shall be
allocated to the centers
for labor research and
education at the Berkeley
and Los Angeles campuses.
(b) $2,500,000 shall be used
for the California DREAM
Loan Program.
(c) $1,000,000 shall be used
for the costs of a process
to create a medical school
at the Merced campus.
These funds are provided
on a one-time basis.
( d b ) $1,000,000 shall be
allocated to the Wildlife
Health Center at the Davis
campus and used for grants
to local marine mammal
stranding networks. These
funds are provided on a
one-time basis.
(c) $770,000 shall be
allocated for the
Statewide Database.
(e) $770,000 shall be used
for
the Statewide Database.
4.6. The University of California
shall continue planning for a
School of Medicine at the Merced
campus in accordance with the
action approved by the Regents of
the University of California on
May 14, 2008, and shall allocate
up to $1,000,000 from this
appropriation or other funds
available to the university for
this purpose.
4.7. This item includes funds for the
California DREAM Loan Program.
5. Payments made by the state to the
University of California for each
month from July through April
shall not exceed one-twelfth of
the amount appropriated in this
item, less the amount that is
specified in Provision 2 and the
amount that is allocated pursuant
to subdivision (a) of Provision
4. Transfers of funds pursuant to
subdivision (b) of Provision 4
shall not be considered payments
made by the state to the
university.
6. The funds appropriated in
this item shall not be available
to support auxiliary enterprises
or intercollegiate athletic
programs.
SEC. 85. Item 6440-004-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
6440-004-0001--For support of University of
California................................... 96,000,000
Schedule:
(1) 5440-Support.......... 96,000,000
Provisions:
1. The funds appropriated in this
item shall be released to the
University of California only
upon certification by the
Director of Finance that the
Regents of the University of
California have approved a
retirement program that limits
pensionable compensation
consistent with the limits
specified in the Public
Employees' Pension Reform Act of
2013.
2. The funds appropriated in this
item shall be used only for
unfunded liabilities of the
University of California
Retirement Plan, in excess of
current base amounts, to satisfy
the requirements of clause (ii)
of subparagraph (B) of paragraph
(1) of subdivision (b) of Section
20 of Article XVI of the
Constitution of the State of
California.
3. Upon release of the funds, the
Regents of the University of
California shall submit a report
to the Director of Finance and,
in conformity with Section 9795
of the Government Code, to the
Legislature demonstrating that
the funds have been used to
supplement and not supplant
funding otherwise available to
pay for unfunded liabilities of
the University of California
Retirement Plan.
4. This appropriation does not
constitute an obligation on
behalf of the state to
appropriate any additional funds
in subsequent years for any costs
of the University of California
Retirement Plan. The Legislature
shall determine the amount of
additional funds, if any, to be
appropriated in subsequent years
for costs of the University of
California Retirement Plan.
SEC. 86. Item 6610-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
6610-001-0001--For support of California
State University.......................... 3,022,081,000
2,983,081,000
Schedule:
(1) 5560-Support......... 3,022,081,00
2,983,081,00
0
Provisions:
1. This appropriation is exempt from
Sections 6.00 and 31.00, but is
subject to the applicable
sections of the Government Code
referred to in subdivision (a) of
Section 31.00.
2. (a) The Trustees of the
California State
University shall approve a
plan that includes at
least all of the following:
(1) Projections of
available resources
in the 2016-17,
2017-18, and
2018-19 fiscal
years. In
projecting General
Fund appropriations
and student tuition
and fee revenues,
the university
shall use any
assumptions
provided by the
Department of
Finance. The
Department of
Finance shall
provide any
assumptions no
later than August
1, 2015.
(2) Projections of
expenditures in the
2016-17, 2017-18,
and 2018-19 fiscal
years and
descriptions of any
changes to current
operations
necessary to ensure
that expenditures
in each of those
years are not
greater than the
available resources
projected for each
of those years
pursuant to
paragraph (1).
(3) Projections of
resident and
nonresident
enrollment in the
2016-17, 2017-18,
and 2018-19
academic years,
assuming
implementation of
any changes
described in
paragraph (2).
(4) The university's
goals for each of
the performance
measures listed in
subdivision (b) of
Section 89295 of
the Education Code
for the 2016-17,
2017-18, and the
2018-19 academic
years, assuming
implementation of
any changes
described in
paragraph (2). It
is the intent of
the Legislature
that these goals be
challenging and
quantifiable,
address achievement
gaps for
underrepresented
populations, and
align the
educational
attainment of
California's adult
population to the
workforce and
economic needs of
the state, pursuant
to the legislative
intent expressed in
Section 66010.93 of
the Education
Code.
(b) The plan approved pursuant
to subdivision (a) shall
be submitted, no later
than November 30, 2015, to
the Director of Finance,
the chairpersons of the
committees in each house
of the Legislature that
consider the State Budget,
the chairpersons of the
budget subcommittees in
each house of the
Legislature that consider
appropriations for the
California State
University, the
chairpersons of the
committees in each house
of the Legislature that
consider appropriations,
and the chairpersons of
the policy committees in
each house of the
Legislature with
jurisdiction over bills
relating to the
university. The plan shall
adhere to the goals
included in Section
66010.91 of the Education
Code.
3. (a) The California State
University shall allocate
from this appropriation
the amount necessary to
pay in full all amounts
anticipated to become due
and payable during the
fiscal year for rent,
fees, and insurance
associated with lease-
revenue bonds issued by
the State Public Works
Board on its behalf and
general obligation bond
debt service attributable
to the university.
(b) The Controller shall
transfer funds from this
appropriation upon receipt
of the following reports:
(1) The State Public
Works Board shall
report to the
Controller the
rent, fees, and
insurance
anticipated to
become due and
payable in the
fiscal year
associated with
lease-revenue bonds
issued on behalf of
the university.
(2) The Department of
Finance shall
report to the
Controller the
amount of general
obligation bond
debt service
anticipated to
become due and
payable in the
fiscal year
attributable to the
university.
(3) The State Public
Works Board or the
Department of
Finance shall
submit a revised
report if either
entity determines
that an amount
previously reported
to the Controller
is inaccurate. If
necessary pursuant
to any revised
reports, the
Controller shall
return funds to
this appropriation.
3.1. No later than April 1, 2016, the
Trustees of the California State
University shall report to the
Director of Finance and, in
conformity with Section 9795 of
the Government Code, to the
Legislature on factors that
impact systemwide four-year and
six-year graduation rates and
systemwide two-year and three-
year transfer graduation rates
for all students and for low-
income and underrepresented
student populations in
particular. The report shall
include, but not be limited to,
an analysis of the extent to
which course availability, course
of study, employment status,
transferred in units, and part-
time or full-time status impact
graduation rates and time to
degree. The report shall
also include an analysis of the
extent to which particular
barriers vary by campus and
student population and present
actionable changes in university
policy and practices for
addressing identified barriers.
3.2. This item includes funds for
growth in the number of resident
students enrolled at the
California State University. It
is the goal of the Legislature
that the university increase
enrollment of resident students
by at least 10,400 full-time
equivalent students by the end of
the fall 2016 semester, when
compared to enrollment in the
2014-15 academic year.
3.3. This item includes funds for
student success and completion
initiatives. At least $11,000,000
shall be used to increase
the number of tenure -track d
and
tenure-
track faculty pursuant to the student
s tudent s uccess and completion
initiatives approved by the
Trustees as part of the 2015-16
university's 2015-16 Support Budget.
Budget.
3.4. Of the funds appropriated in this
item:
(a) $2,500,000 shall be used
for the California DREAM
Loan Program.
(b) $250,000 shall be used for
the Mervyn M. Dymally
African American Political
and Economic Institute.
(a) $250,000 shall be
allocated for the Mervyn
M. Dymally African
American Political and
Economic Institute.
( c b ) $200,000 shall be
allocated to campus
financial offices and
teacher education programs
and used to support
activities that increase
awareness of federal
financial aid programs for
teachers.
4. This item includes funds for the
California DREAM Loan Program.
4. Of the funds
appropriated in this
item, the following amounts are
provided on a one-time basis and
shall be used as follows:
(a) $24,000,000 for deferred
maintenance.
(b) $1,000,000 for a study of
the proportion of the
graduates of California
public high schools
eligible for admission to
the California State
University and the
University of California.
(c) $500,000 for creation of
an engineering program at
the Channel Islands campus.
4.1. The California State University
shall continue planning for an
engineering program at the
Channel Islands campus and may
allocate up to $500,000 from this
appropriation or other funds
available to the university for
this purpose.
5. Payments made by the state to the
California State University for
each month from July through
April shall not exceed one-
twelfth of the amount
appropriated in this item, less
the amount that is allocated
pursuant to subdivision (a)
of Provision 3. Transfers of
funds pursuant to subdivision (b)
of Provision 3 shall not be
considered payments made by the
state to the university.
6. The California State University
shall allocate from this
appropriation the amount required
to pay contributions to the
Public Employees' Retirement Fund
pursuant to Section 20822 of the
Government Code.
7. The Director of Finance has the
authority to adjust this
appropriation pursuant to Section
3.60, as well as Section 89762 of
the Education Code.
SEC. 87. Item 6870-101-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
6870-101-0001--For local assistance,
Board of Governors of the California
Community Colleges (Proposition 98)..... 3,678,019,000
3,623,789,000
Schedule:
(1) 5670015- 2,523,172,
Apportionments........ 2,523,473,
Apportionments........
000
(2) 5670019-
Apprenticeship........ 31,506,000
31,433,000
(3) 5670023-
Apprenticeship
Training and
Instruction........... 20,651,000
20,491,000
(4) 5675015-Student
Success for Basic
Skills Students....... 20,241,000
20,037,000
(5) 5675019-Student
Financial Aid
Administration........ 81,435,000
73,727,000
(6) 5675027-Disabled 115,388,00
Students.............. 0
(7) 5675031-Student
Services for CalWORKs
Recipients............ 43,932,000
34,897,000
(8) 5675035-Foster Care
Education Program..... 5,308,000
5,254,000
(9) 5675039-Student
Success and Support 501,683,00
Program...............
471,683,0 0
0
(10) 5675061-Academic
Senate for the
Community Colleges.... 718,000
468,000
(11) 5675069-Equal
Employment
Opportunity........... 775,000
767,000
(12) 5675073-Part-Time
Faculty Health
Insurance............. 495,000
490,000
(13) 5675077-Part-Time
Faculty Compensation.. 25,161,000
24,907,000
(14) 5675081-Part-Time
Faculty Office Hours.. 7,207,000
3,514,000
(15) 5675099-
Telecommunications
and Technology
Infrastructure........ 20,093,000
19,890,000
(16) 5675119-Economic
Development........... 23,163,000
22,929,000
(17) 5675123-Transfer
Education and
Articulation.......... 705,000
698,000
(18) 5675023-Extended
Opportunity Programs 123,189,00
and Services.......... 0
(19) 5675115-Fund for
Student Success....... 6,197,000
3,792,000
(20) 5675150-Campus
Childcare Tax Bailout. 3,384,000
(21) 5675156-Nursing
Program Support....... 13,514,000
13,378,000
(22) 5670035-Expand the
Delivery of Courses
through Technology.... 10,102,000
10,000,000
(23) 5675133-Physical
Plant and 100,000,00
Instructional Support. 0
Provisions:
1. The funds appropriated in this
item are for transfer by the
Controller during the 2015-16
fiscal year to Section B of the
State School Fund.
2. (a) The funds appropriated in
Schedule (1) shall be
allocated using the budget
formula established
pursuant to Section
84750.5 of the
Education Code. The budget
formula shall be adjusted
to reflect the following:
(1) Of the funds
appropriated in
Schedule (1),
$156,457,000 shall
be used to increase
statewide growth of
full-time equivalent
students (FTES) by 3
percent.
(2) Of the funds
appropriated in
Schedule (1),
$61,022,000 shall be
used to reflect a
cost-of-living
adjustment of 1.02
percent.
(b) Of the funds
appropriated in Schedule
(1), $270,976,000 shall be
(1) $266,692,000 shall be
used to adjust the budget
formula pursuant to
Section 84750.5 of the
Education Code to
recognize increases in
operating costs and to
improve instruction.
(c) Funds allocated to a
community college district
from funds included in
Schedule (1) shall
directly offset any
mandated costs claimed for
the Minimum Conditions for
State Aid (02-TC-25 and 02-
TC-31) program or any
costs of complying with
Section 84754.5 of the
Education Code.
(d) Of the funds appropriated
in Schedule (1):
(1) $100,000 is for a
maintenance
allowance, pursuant
to Section 54200 of
Title 5 of the
California Code of
Regulations.
(2) Up to $500,000 is to
reimburse colleges
for the costs of
federal aid
repayments related
to assessed fees for
fee waiver
recipients. This
reimbursement only
applies to students
who completely
withdraw from
college before the
census date pursuant
to Section 58508 of
Title 5 of the
California Code of
Regulations.
(e) (1) Of the funds
appropriated in
Schedule (1),
$75,000,000 is for
$62,320,000 is for
increasing the
number of full-time
faculty within the
community college
system.
Notwithstanding,
Subchapter 1
(commencing with
Section 51025) of
Chapter 2 of
Division 6 of Title
5 of the California
Code of Regulations,
the Chancellor of
the California
Community Colleges
shall allocate these
funds to all
districts on a per
FTES basis by
modifying each
districts budget
formula pursuant to
Section 84750.5 of
the Education Code.
Any revisions to the
budget formula made
for the purposes of
this subdivision
shall be made and
reported consistent
with the
requirements of
subdivision (f) of
Section 84750.5 of
the Education Code.
(2) Utilizing the data
from the full-time
faculty obligation
report for the 2014-
15 fiscal year, the
chancellor shall
rank, from the
lowest to the
greatest full-time
faculty percentage,
each community
college district
within quintiles so
that each quintile
has approximately
equal numbers of
full-time equivalent
students. The
chancellor shall
adjust the faculty
obligation number
for each district as
follows:
(A) An increase of one
for every $73,057
received for
districts in the
lowest quintile
(quintile 1).
(B) An increase of one
for every $80,000
received for
districts in the
second quintile
(quintile 2).
(C) An increase of one
for every $95,000
received for
districts in the
third quintile
(quintile 3).
(D) An increase of one
for every $110,000
received for
districts in the
fourth quintile
(quintile 4).
(E) An increase of one
for every $125,000
received for
districts in the
fifth quintile
(quintile 5).
(F) If the number of
full-time faculty
increased pursuant
to subparagraphs (A)
through (E) results
in a district
exceeding the 75
percent standard,
the Chancellor shall
increase the number
of the full-time
obligation to a
point that leaves
the district as
close as possible
to, but not in
excess of, the 75
percent standard,
consistent with
paragraph (5) of
subdivision (c) of
Section 51025 of
Subchapter (1) of
Chapter 2 of
Division 6 of Title
5 of the California
Code of Regulations.
(3) To the extent that
the increased
faculty obligation
number calculated in
paragraph (2) does
not result in an
obligation to hire
additional full-time
faculty, it is the
intent of the
legislature that
districts use these
funds to enhance
student success
through the support
of part-time and
full-time faculty . ,
including, but not
limited to, part-
time faculty office
hours.
3. (a) The funds appropriated in
Schedule (2) shall be
available pursuant to
Article 3 (commencing with
Section 79140) of
Chapter 9 of Part 48 of
Division 7 of Title 3 of
the Education Code.
(b) Pursuant to Section
79149.3 of the Education
Code, the reimbursement
rate shall be $5.46 per
hour.
(c) Of the funds appropriated
in Schedule (2),
$15,000,000 shall be used
for the purposes of
Section 79148 of the
Education Code.
4. (a) The funds appropriated in
Schedule (3) shall be
available pursuant to
Article 8 (commencing
with Section 8150) of
Chapter 1 of Part 6 of
Division 1 of Title 1 of
the Education Code.
(b) Pursuant to Section 8152
of the Education Code, the
reimbursement rate shall
be $5.46 per hour.
5. Of the funds appropriated in
Schedule (4):
(a) $1,2 21 09 ,000 shall
be
used for faculty and staff
development to improve
curriculum, instruction,
student services, and
program practices in basic
skills and English as a
Second Language (ESL)
programs. The Chancellor
of the California
Community Colleges
(chancellor) shall select
a district, using a
competitive process, to
carry out these activities.
(b) $19,020,000 shall be
(b) $18,828,000 shall be
allocated by the
chancellor to community
college districts to
improve outcomes of
students who enter college
needing to complete at
least one course in ESL or
basic skills.
6. (a) Of the funds appropriated
in Schedule (5):
(1) Not less than
$16, 936 772 ,000
is
available to provide
$0.91 per unit
reimbursement to
community college
districts for the
provision of board
of governors (BOG)
fee waiver awards
pursuant to
paragraph (2) of
subdivision (m) of
Section 76300 of the
Education Code.
(2) Not less than
$1 7 6 ,
121 955 ,000 is
available for the
Board Financial
Assistance Program
to provide
reimbursement of 2
percent of total
waiver value to
community college
districts for the
provision of BOG fee
waiver awards
pursuant to
paragraph (2) of
subdivision (m) of
Section 76300 of the
Education Code.
(3) $2,8 29 00 ,000
shall
be allocated to a
community college
district to conduct
a statewide media
campaign to promote
the following
message: (A) the
California Community
Colleges are
affordable, (B)
financial aid is
available to cover
fees and help with
books and other
costs, and (C) an
interested student
should contact his
or her local
community college
financial aid
office. The campaign
should target
efforts to reach low-
income and
disadvantaged
students who must
overcome barriers in
accessing
postsecondary
education. The
community college
district awarded the
contract shall
consult regularly
with the chancellor
and the Student Aid
Commission.
(4) Not more than
$ 44 37 ,
549 200 ,000 shall be
for direct contact
with potential and
current financial
aid applicants. Each
California Community
College campus shall
receive a minimum
allocation of
$50,000. The
remainder of the
funding shall be
allocated to
campuses based upon
a formula reflecting
FTES weighted by a
measure of low-
income populations
demonstrated by BOG
fee waiver program
participation within
a district. Of
the
amount allocated
pursuant to this
paragraph,
$3,000,000 is
available on a one-
time basis to
support the
administration of
Cal Grant B Access
Award distributions
to students pursuant
to Item 6870-102-
0001.
(5) Funds allocated
to a community
college district
pursuant to
paragraphs (1) and
(2) shall
supplement, not
supplant, the level
of funds allocated
for the
administration of
student financial
aid programs during
the 2001-02 or 2006-
07 fiscal year,
whichever is greater.
(6) Funding allocated to
a community college
district pursuant to
paragraphs (1) and
(2) shall directly
offset any costs
claimed by that
district for any of
the following
mandates: Enrollment
Fee Collection (99-
TC-13), Enrollment
Fee Waivers (00-TC-
15), Cal Grants (02-
TC-28), and Tuition
Fee Waivers (02-TC-
21).
(7) Notwithstanding
subdivision (m) of
Section 76300 of the
Education Code or
any other provision
of law, the amount
of funds
appropriated for the
purpose of
administering fee
waivers for the 2015-
16 fiscal year shall
be determined in
this act.
7. (a) The funds appropriated in
Schedule (6) shall be used
to assist districts in
funding the excess direct
instructional cost of
providing special support
services or instruction,
or both, to disabled
students enrolled at
community colleges and for
state hospital programs,
as mandated by federal law.
(b) Of the amount appropriated
in Schedule (6):
(1) At least $3,945,000
shall be used to
address deficiencies
identified by the
United States
Department of
Education Office for
Civil Rights.
(2) At least $943,000
shall be used to
support the High
Tech Centers for
activities
including, but not
limited to, training
of district
employees, staff,
and students in the
use of specialized
computer equipment
for the disabled.
(3) At least $9,600,000
shall be allocated
to community college
districts for sign
language interpreter
services, real-time
captioning
equipment, or other
communication
accommodations for
hearing-impaired
students. A
community college
district is required
to spend $1 from
local or other
resources for every
$4 received pursuant
to this paragraph.
(4) $1,000,000 shall be
allocated for state
hospital adult
education programs
at the hospitals
served by the Coast
and Kern Community
College Districts.
8. (a) The funds appropriated in
Schedule (7) shall be
allocated pursuant to
Article 5 (commencing with
Section 79200) of Chapter
9 of Part 48 of Division 7
of Title 3 of the
Education Code.
(b) Of the amount appropriated
in Schedule (7):
(1) $9, 2 18 8
2 ,000 is for
child care, except
that a community
college district may
request that the
chancellor approve
use of funds
for other purposes.
(2) No less than
$4,9 5 0 0 ,000
shall be
used to provide
direct workstudy
wage reimbursement
for students served
under this program,
and $613,000 is
available for campus
job development and
placement services.
(c) A community college
district is required to
spend $1 from local or
other resources for every
$1 received pursuant to
this provision, except
for any funds received
pursuant to paragraph (1)
of subdivision (b).
9. (a) The funds appropriated in
Schedule (8) shall be
allocated to community
college districts to
provide foster and
relative/kinship care
education and training
pursuant to Article 8
(commencing with Section
79240) of Chapter 9 of
Part 48 of Division 7 of
Title 3 of the Education
Code. A community college
district shall ensure that
education and training
required pursuant to
Sections 1529.1 and 1529.2
of the Health and Safety
Code and Section 16003 of
the Welfare and
Institutions Code receives
priority.
10. (a) The funds
appropriated in Schedule
(9) shall be used for the
purposes of Article 1
(commencing with Section
78210) of Chapter 2 of
Part 48 of Division 7 of
Title 3 of the Education
Code.
(b) Of the amount included in
Schedule (9):
(1) $285,183,000 shall
be allocated
pursuant to Section
78216 of the
Education Code.
(2) (A) $185,000,000
$155,000,000 shall be
allocated
allocated to
to community college
districts to
implement student
equity plans
pursuant to Article
1.5 of Chapter 2 of
Part 48 of Division
7 of Title 3 of the
Education Code.
These plans shall be
coordinated with the
Student Success and
Support Program
plans, pursuant to
Section 78216 of the
Education Code, and
the Student Success
Scorecard, pursuant
to Section 84754.5
of the Education
Code.
(B) These funds shall
be allocated by the
chancellor to
community college
districts using a
methodology that
ensures that
districts with a
greater proportion
or number of
students who have
high needs receive
more resources to
provide services to
these students. The
chancellor shall
ensure that the
allocation
methodology reflects
the inclusion
of foster youth
within the
proportion or number
of high-needs
students.
(C) Consistent with the
intent of Chapter
771 of the Statutes
of 2014 and within
the funds allocated
to community college
districts pursuant
to this paragraph,
the chancellor shall
enter into
agreements with up
to 10 community
college districts to
provide additional
services in support
of postsecondary
education for foster
youth. Up to $15
million of the funds
allocated to
community college
districts pursuant
to this paragraph
shall be prioritized
for services
pursuant to Chapter
771 of the Statutes
of 2014. Further,
the chancellor shall
ensure that the list
of eligible
expenditures
developed pursuant
to subdivision (d)
of Education Code
Section 78221
includes
expenditures that
are consistent with
the intent of
Chapter 771 of
the Statutes of 2014.
(D) Nothing in this
provision prevents
existing student-
equity related
categorical programs
or campus-based
programs from
accessing student
equity plan funds.
(3) (A) $5,500,000 may
be used by the
chancellor to
provide technical
assistance to
community college
districts that
demonstrate low
performance in any
area of operations.
It is the intent of
the Legislature that
technical assistance
providers be
contracted in a cost-
effective manner,
that they primarily
consist of experts
who are current and
former
employees of the
California Community
Colleges, and that
they provide
technical assistance
consistent with the
vision for the
California Community
Colleges.
(B) Technical
assistance funded
pursuant to this
paragraph that is
initiated by the
chancellor may be
provided at no cost
to the district. If
a community college
district requests
technical
assistance, the
district is required
to spend at least $1
from local or other
resources for every
$2 received as
determined by the
chancellor.
(4) (A) $12,000,000 may be
used by the
chancellor to
provide
regional and online
workshops and
trainings to
community college
personnel to promote
statewide
priorities,
including, but not
limited to:
strategies to
improve student
achievement;
strategies to
improve community
college operations;
and system
leadership training
to better coordinate
planning,
implementation, and
outcomes of
statewide
initiatives. To the
extent possible, the
chancellor shall
partner with
existing statewide
initiatives with
proven results of
improving student
success and
institutional
effectiveness.
Beginning in the
2016-17 fiscal year,
the Chancellor of
the California
Community Colleges
shall submit a
report on the use of
these funds in the
prior year to the
Department of
Finance and the
Joint Legislative
Budget Committee no
later than October 1
of each year.
(B) Funding
available pursuant
to this paragraph
may be utilized by
the chancellor to
coordinate with
community college
districts to develop
and disseminate
effective practices
through the
establishment of an
online clearinghouse
of information. The
development of
effective practices
shall include, but
not be limited to,
statewide priorities
such as the
development of
educational programs
or courses for the
incarcerated adults
in prisons and
jails, and the
formerly
incarcerated,
educational programs
or courses for
California
Conservation Corps
members, and other
effective practices.
(C) It is the intent of
the Legislature to
encourage the
chancellor to
facilitate the
development of local
community
college courses for
the California
Conservation Corps
and the
incarcerated
adults in prisons
and jails, and the
formerly
incarcerated. The
California
Department of
Corrections and
Rehabilitation and
the California
Conservation Corps
are encouraged to
partner with the
chancellor's office
in the development
and dissemination of
local community
college courses and
effective practices
pursuant to this
subparagraph and
subparagraph (B).
(D) It is the intent of
the Legislature that
the Chancellor
identify one or
multiple community
college districts
that would be
willing to utilize
at least a total of
$5,000,000 of their
combined funding for
the purpose of
developing and
providing effective
education programs
for incarcerated
adults in prisons
and jails, and the
formerly
incarcerated. These
funds shall be
utilized to receive
a 1 to 3 match of
state to private
funds that could be
available for these
purposes. Any
private funds
received would be
allocated to the
identified community
colleges based on
their proportion of
the combined funding
match, as determined
by the Chancellor.
(E) Funds appropriated
pursuant to this
paragraph shall be
available for
encumbrance and
expenditure until
June 30, 2018.
(5) Up to $14,000,000
may be used for e-
transcript, e-
planning, and common
assessment tools.
Any remaining funds
shall be used
pursuant to
paragraph (1).
11. The funds in Schedule (13) shall
be allocated to increase
compensation for part-time
faculty. Funds shall be
allocated to districts based on
the total actual number of FTES
in the previous fiscal year,
with an adjustment to the
allocations provided to small
districts. These funds shall be
used to assist districts
in making part-time faculty
salaries more comparable to full-
time salaries for similar work,
as determined through collective
bargaining in each community
college district. If a community
college district achieves parity
between compensation for full-
time faculty and part-time
faculty, funds received pursuant
to this provision may be used
for any other educational
purpose.
12. Of the funds provided in
Schedule (15):
(a) $20,093,000 shall be
(a) $19,890,000 shall be
allocated by the
chancellor on a
competitive basis, for the
following purposes:
(1) Provision of access
to statewide
multimedia hosting
and delivery
services for state
colleges and
districts.
(2) Provision of
systemwide Internet,
audio bridging, and
telephony.
(3) Technical assistance
and planning,
cooperative
purchase agreements,
and faculty and
staff development.
(4) Ongoing support for
the California
Virtual Campus
Distance Education
Program.
(5) Ongoing support for
programs designed to
use technology in
assisting
accreditation and
the alignment of
curricula across K-
20 segments in
California.
(6) Support for
technology
pilots and ongoing
technology programs
and applications
that serve to
maximize the utility
and economy of scale
of the technology
investments of the
community college
system toward
improving learning
outcomes.
(7) Ongoing support of
the California
Partnership for
Achieving Student
Success (Cal-PASS)
program.
(b) The remaining funds shall
be available for
allocations to districts
to maintain technology
capabilities.
13. Of the funds appropriated in
Schedule (16), the following
shall apply:
(a) Up to 10 percent may be
allocated for state-level
technical assistance,
including statewide
network leadership,
organizational
development, coordination,
and information and
support services.
(b) All remaining funds shall
be allocated for programs
that target investments in
priority and emergent
sectors, including
statewide and/or regional
centers, hubs,
collaborative communities,
advisory bodies, and short-
term grants. Short-term
grants may include
industry-driven regional
education and training,
Responsive Incumbent
Worker Training, and Job
Development Incentive
Training.
(c) Funds applied to
performance-based training
shall be matched by a
minimum of $1 contributed
by private businesses or
industry for each $1 of
state funds. The
chancellor shall consider
the level of involvement
and financial commitments
of business and industry
in making awards for
performance-based training.
14. (a) The funds appropriated in
Schedule (17) shall be
used to support transfer
and articulation projects
and common course
numbering projects.
(b) Funding provided to
community college
districts shall directly
offset any costs claimed
by community college
districts to be mandates
pursuant to Chapter 737 of
the Statutes of 2004.
15. (a) Of the funds appropriated
in Schedule (18):
(1) $107,570,000 shall
be used pursuant to
Article 8
(commencing with
Section 69640) of
Chapter 2 of Part 42
of Division 5 of
Title 3 of the
Education Code.
Funds provided in
this item for
Extended Opportunity
Programs and
Services shall be
available to
students on all
campuses within the
California Community
Colleges system.
(3) $15,619,000 shall be
used for funding, at
all colleges, the
Cooperative Agencies
Resources for
Education program in
accordance with
Article 4
(commencing with
Section 79150) of
Chapter 9 of Part 48
of Division 7 of
Title 3 of the
Education Code. The
chancellor shall
allocate these funds
to local programs on
the basis of need
for student services.
(b) Of the amount allocated
pursuant to subdivision
(a), no less than
$4,972,000 shall be
available to support
additional textbook
assistance grants to
community college students.
16. The funds appropriated in
Schedule (19) shall be used for
the following purposes:
(a) $1,9 33 21 ,000 shall be
used
for the Puente Project to
support up to 75 colleges.
These funds are available
if matched by $200,000 of
private funds and if the
participating community
colleges and University of
California campuses
maintain their 1995-96
fiscal year support level
for the Puente Project.
All funding shall be
allocated directly to
participating districts in
accordance with their
participation agreement.
(b) Up to $2,4 74 59 ,000 is
for
the Mathematics,
Engineering, Science
Achievement (MESA)
program. A community
college district is
required to spend $1 from
local or other resources
for every $1 received
pursuant to this
subdivision.
(c) No less than $1,7 90 78 ,
000 is
for the Middle College
High School Program. With
the exception of special
part-time students at the
community colleges
pursuant to Sections 48802
and 76001 of the Education
Code, student workload
based on participation in
the Middle College High
School Program shall not
be eligible for community
college state
apportionment.
17. The funds appropriated in
Schedule (20) shall be allocated
by the chancellor to community
college districts that levied
child care permissive override
taxes in the 1977-78 fiscal year
pursuant to Sections 8329 and
8330 of the Education Code in an
amount proportional to the
property tax revenues, tax
relief subventions, and state
aid required to be made
available by the district to its
child care and development
program for the 1979-80 fiscal
year pursuant to Section 30 of
Chapter 1035 of the Statutes of
1979, increased or decreased by
any cost-of-living adjustment
granted in subsequent fiscal
years. These funds shall be used
only for the purpose of
community college child care and
development programs.
18. Of the funds appropriated in
Schedule (21):
(a) $8, 47 5 61 ,000 shall be
used
to provide support for
nursing programs.
(b) $4,9 5 0 3,000 shall
be
used for diagnostic and
support services, preentry
coursework, alternative
program delivery model
development, and other
services to reduce the
incidence of student
attrition in nursing
programs.
19. The funds appropriated in
Schedule (22) shall be allocated
to the chancellor to increase
the number of courses available
through the use of technology
and to provide alternative
methods for students to earn
college credit. The chancellor
shall ensure, to the extent
possible, that the following
conditions are satisfied:
(a) These courses can be
articulated across all
community college
districts.
(b) These courses are made
available to students
systemwide, regardless of
the campus at which a
student is enrolled.
(c) Students who complete
these courses are granted
degree-applicable credit
across community colleges.
(d) These funds shall be used
for those courses that
have the highest demand,
fill quickly, and are
prerequisites for many
different degrees.
20. (a) Any funds appropriated in
Schedule (23) are
available for the
following purposes:
(1) Scheduled maintenance and
special repairs of
facilities. The Chancellor
of the California
Community Colleges shall
allocate funds to
districts on the basis of
actual reported FTES, and
may establish a minimum
allocation per district.
As a condition for
receiving and expending
these funds for
maintenance or special
repairs, a district shall
certify that it will
increase its operations
and maintenance spending
from the 1995-96 fiscal
year by the amount it
allocates from this
appropriation for
maintenance and special
repairs. The question of
whether a district has
complied with its
resolution shall be
reviewed under the
annual audit of that
district.
(2) Hazardous substances
abatement, cleanup, and
repairs.
(3) Architectural barrier
removal projects that meet
the requirements of the
federal Americans with
Disabilities Act of 1990
(42 U.S.C. Sec. 12101 et
seq.) and seismic retrofit
projects limited to
$400,000.
(4) Water conservation
projects to reduce water
consumption in cooperation
with the Governor's
Executive Order B-29-15.
Projects may include any
of the following:
(A) Replacement of water
intensive
landscaping with
drought tolerant
landscaping,
synthetic turf,
provided that the
turf is used only in
nonathletic areas,
and other nonplant
materials.
(B) Drip or low-flow
irrigation systems.
(C) Building
improvements to
reduce water usage.
(D) Installation of
meters for wells to
allow for monitoring
of water usage.
(b) Any funds appropriated in
Schedule (23) are
available for replacement
of instructional equipment
and library materials. The
funds provided for
instructional equipment
and library materials
shall not be used for
personal services costs or
operating expenses. The
chancellor shall allocate
funds to districts on the
basis of actual reported
FTES and may establish a
minimum allocation per
district. The question of
whether a district has
complied with its
resolution shall be
reviewed under the annual
audit of that district.
(c) Any funds appropriated in
Schedule (23) shall be
available for one-time use
until June 30, 2017.
SEC. 88. Item 6870-107-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
6870-107-0001--For local assistance, Board of
Governors of the California Community
Colleges (Proposition 98), for local district
financial oversight and evaluation............ 576,000
570,000
Schedule:
(1) 5670015-Apportionments...... 576,000
570,000
Provisions:
1. The funds appropriated in this item
are available to the Board of
Governors of the California Community
Colleges to reimburse the Fiscal
Crisis and Management Assistance Team
(FCMAT) for costs incurred by FCMAT
for the following activities:
(a) The performance of audits,
examinations, or reviews of any
community college district
pursuant to Section 84041 of the
Education Code.
(b) The provision of technical
assistance, training, and short-
term institutional research
necessary to address existing or
potential accreditation
deficiencies. No more than
$150,000 of the funds
appropriated in this item may be
used for these purposes.
2. The Board of Governors of the
California Community Colleges may
request an unsolicited review of a
community college district if the
board of governors determines that
there is an imminent threat to the
fiscal integrity of the district as a
result of fraud, misappropriation of
funds, or other illegal fiscal
practices.
3. All proposed contracts and
reimbursements for FCMAT services
shall be subject to the approval of
the Department of Finance.
SEC. 89. Item 6980-101-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
6980-101-0001--For local assistance,
Student Aid Commission................... 1,750,791,000
1,600,777,000
Schedule:
(1) 5755-Financial Aid 2,195,072,00
Grants Program......
2,136,072,0 0
0
(2) Reimbursements to
5755-Financial Aid
Grants Program...... -444,281,000
-535,295,000
Provisions:
1. Funds appropriated in Schedule
(1) are for purposes of all of
the following:
(a) Awards in the Cal Grant
Program under Chapter 1.7
(commencing with Section
69430) of Part 42 of
Division 5 of Title 3 of
the Education Code.
(b) Grants under the Law
Enforcement Personnel
Dependents Scholarship
Program pursuant to
Section 4709 of the Labor
Code.
(c) The purchase of loan
assumptions under Article
5 (commencing with
Section 69612) of Chapter
2 of Part 42 of Division
5 of Title 3 of the
Education Code. The
Student Aid Commission
shall issue no new
warrants.
(d) The purchase of loan
assumptions under the
Graduate Assumption
Program of Loans for
Education pursuant to
Article 5.5 (commencing
with Section 69618) of
Chapter 2 of Part 42 of
Division 5 of Title 3 of
the Education Code. The
Student Aid Commission
shall issue no new
warrants.
(e) The purchase of loan
assumptions under the
State Nursing Assumption
Program of Loans
for Education (SNAPLE)
pursuant to Article 1
(commencing with Section
70100) of Chapter 3 of
Part 42 of Division 5 of
Title 3 of the Education
Code. The Student Aid
Commission shall issue no
new warrants.
(f) The Student Aid
Commission shall report,
by April 1 of each year,
on the State Nursing
Assumption Program of
Loans for Education,
pursuant to the reporting
requirements of Section
70108 of the Education
Code.
(g) Notwithstanding
subdivision (c) of
Section 69613.8 of the
Education Code, any
Assumption Program of
Loans for Education
participant who meets the
requirements of
subdivision (a) or
(b) of Section 69613.8 of
the Education Code may
receive the additional
loan assumption benefits
authorized by those
subdivisions.
2. Eligibility for moneys
appropriated in this item is
limited to students who
demonstrate financial need
according to the nationally
accepted needs analysis
methodology, who meet other
Student Aid Commission
eligibility criteria, and,
notwithstanding subdivision (k)
of Section 69432.7 of the
Education Code, whose income or
family's gross income does not
exceed $100,800 for the Cal
Grant A Program and $55,400 for
the Cal Grant B Program for the
purpose of determining new
recipients for the 2015-16 award
year.
3. Notwithstanding any other
provision of law, the maximum
award for:
(a) New recipients attending
private, for-profit
institutions that are not
accredited by the Western
Association of Schools
and Colleges as of July
1, 2012, shall be $4,000.
(b) New recipients attending
private, nonprofit
institutions, and
private, for-profit
institutions that are
accredited by the Western
Association of Schools
and Colleges as of July
1, 2012, shall be $9,084.
(c) All recipients receiving
Cal Grant B access awards
shall be $1, 79 6 48 .
(d) All recipients receiving
Cal Grant C tuition and
fee awards shall be
$2,462.
(e) All recipients receiving
Cal Grant C book and
supply awards shall be
$547.
(f) All University of
California student
recipients receiving Cal
Grant awards shall be
$12,192 or whatever
lesser or greater amount
is approved for mandatory
systemwide tuition and
fees by the Regents
of the University of
California for the 2015-
16 academic year.
(g) All California State
University student
recipients receiving Cal
Grant awards shall be
$5,472 or whatever lesser
or greater amount is
approved for mandatory
systemwide tuition and
fees by the Trustees of
the California State
University for the 2015-
16 academic year.
4. Pursuant to Chapter 403 of the
Statutes of 2000 and
notwithstanding any other
provision of law, the Director
of Finance may authorize the
augmentation, from the Special
Fund for Economic Uncertainties
established pursuant to Section
16418 of the Government Code, of
the annual amount
appropriated for the purposes of
making Cal Grant awards pursuant
to Chapter 1.7 (commencing with
Section 69430) of Part 42 of
Division 5 of Title 3 of the
Education Code, as necessary to
fully fund the number of awards
required to be granted by that
chapter. No augmentation may be
authorized under this provision
sooner than 30 days after the
Director of Finance provides
written notice of the proposed
augmentation to the Chairperson
of the Joint Legislative Budget
Committee and the chairpersons
of the committees in each house
of the Legislature that consider
appropriations, nor sooner than
whatever lesser time after that
notice those persons, or their
designees, may in each instance
determine.
5. Of the funds appropriated in
Schedules (1) and (2),
$429,883,000 reflects
$520,897,000 reflects
reimbursements from the State
Department of Social Services
from the Temporary Assistance
for Needy Families block grant
for the purposes of offsetting
General Fund costs of the Cal
Grant Program.
6. Of the funds appropriated in
Schedule (1), $82,000,000 is
available for the Middle Class
Scholarship Program, established
under Article 2 (commencing with
Section 70020) of Chapter 2 of
Part 42 of Division 5 of Title 3
of the Education Code.
7. Of the funds appropriated in
this item, up to $328,000 shall
be available for the Cash for
College Program.
8. Of the funds appropriated in
this item, up to $7,721,000
shall be available for the
California Student Opportunity
and Access Program (Cal-SOAP),
established under Article 4
(commencing with Section 69560)
of Chapter 2 of Part 42 of
Division 5 of Title 3 of the
Education Code, and shall be for
contract agreements and shall be
available to provide financial
aid awareness and outreach to
students who are preparing to
enter, or are currently enrolled
in, college. Of the $7,721,000,
$1,000,000 shall be dedicated
for career technical education
and the resulting career
opportunities. The Student Aid
Commission shall consult with
the State Department of
Education and the Office of the
Chancellor of the California
Community Colleges in
determining the projects and
activities for these funds. Of
the $7,721,000, $500,000 shall
be dedicated for Middle Class
Scholarship Program
outreach.
SEC. 90. Item 6980-401 of Section 2.00 of the
Budget Act of 2015 is repealed.
6980-401--The Student Aid Commission shall issue 1,000
new warrants pursuant to Article 5 (commencing with
Section 69612) of Chapter 2 of Part 42 of Division 5 of
Title 3 of the Education Code.
SEC. 91. Item 7100-001-0869 of Section 2.00 of the
Budget Act of 2015 is amended to read:
7100-001-0869--For support of state
programs under the Workforce Innovation
and Opportunity Act (WIOA), Employment
Development Department, payable from the
Consolidated Work Program Fund............ 123,315,000
Schedule:
(1) 5940010-WIOA
Administration and
Program Services.... 20,859,000
(2) 5940019-WIOA
Services to Bridge
Education and
Workforce Gaps for
Targeted
Populations......... 16,270,000
(3) 5940046-WIOA Rapid
Response Activities. 41,016,000
(4) 5940055-WIOA
Special Grants...... 170,000
(5) 5945010-National
Dislocated Worker
Grants.............. 45,000,000
(6) 9900100-
Administration...... 1,796,000
(7) 9900200-
Administration--
Distributed......... -1,796,000
Provisions:
1. Provision 1 of Item 7100-001-
0588 also applies to Schedules
(1) and (3) of this item.
2. For Schedule (2), the
Employment Development
Department (EDD) shall submit
on October 1, 2015, and April
20, 2016, to the Department of
Finance for its review and
approval an estimate of
expenditures for both the
current and prior budget fiscal
years, including the
assumptions and calculations
underlying the EDD's
projections for expenditures
from these schedules. To the
extent the EDD identifies
unspent, or receives
unanticipated additional,
federal WIOA discretionary
funds, the Department of
Finance may increase
expenditure authority for
Schedule (2) if the additional
funding is consistent with the
expenditure plan for WIOA
discretionary funds in this
item and meets the four
requirements set forth in
subdivision (b) of Section
28.00. Any such augmentation
may be authorized not sooner
than 30 days after written
notification is provided to the
chairpersons of the committees
in each house of the
Legislature that consider
the State Budget and the
Chairperson of the Joint
Legislative Budget Committee,
or not sooner than whatever
lesser time the chairperson of
the joint committee, or his or
her designee, may in each
instance determine.
3. For Schedule (2), in the event
that the Employment Development
Department is notified of a
reduction in federal WIOA
discretionary funds, the
Department of Finance may
decrease expenditure authority
for Schedule (2). Any such
decrease may be authorized not
sooner than 30 days after
notification in writing is
provided to the chairpersons of
the committees in each house of
the Legislature that consider
the State Budget and the
Chairperson of the Joint
Legislative Budget Committee,
or not sooner than whatever
lesser time the chairperson of
the joint committee, or his or
her designee, may in each
instance determine.
4. The Secretary of Labor and
Workforce Development is
authorized to transfer up to
$500,000 of the funds
appropriated in this item to
the California Workforce
Investment Board, Federal Trust
Fund, Item 7120-001-0890, to
facilitate the implementation
and operation of the WIOA
Program. Any transfer made
pursuant to this provision
shall be reported in writing to
the Department of Finance, the
chairpersons of the fiscal
committees of each house of the
Legislature, and the
Chairperson of the Joint
Legislative Budget Committee
within 30 days of the date of
the transfer.
5. Of the amount appropriated in
Schedule (2) of this item,
$670,000 shall be provided to
the Military Department for the
Work for Warriors program.
SEC. 92. Item 7100-001-3259 of Section 2.00 of the
Budget Act of 2015 is amended to read:
7100-001-3259--For support of Employment
Development Department, for a recidivism
reduction workforce training and development
grant program, payable from the Recidivism
Reduction Fund............................... 1,500,000
Schedule:
(1) 5900-Employment and
Employment Related
Services................... 1,500,000
Provisions:
1. Upon approval of the Department of
Finance, the amount available for
expenditure in Schedule (1) of this
item may be augmented by the amount
of savings identified in items 0250-
101-3259, 5225-001-3259, 5227-101-
3259, 7100-001-3259 of Section 2.00
of the Budget Act of 2014 (Chs. 25
and 663, Stats. 2014) not already
allocated or reappropriated in the
Budget Act of 2015, which is in
addition to the amount appropriated
in this item. Any augmentation shall
be authorized no sooner than 30 days
after notification in writing to the
chairpersons of the committees in
each house of the Legislature that
consider appropriations, the
chairpersons of the committees and
appropriate subcommittees that
consider the State Budget, and the
Chairperson of the Joint Legislative
Budget Committee, or not sooner than
whatever lesser time the Chairperson
of the Joint Legislative Budget
Committee, or his or her designee,
may determine.
2. Upon approval of the Department of
Finance, the amount available for
expenditure in Schedule (1) of this
item may be augmented by the amount
of savings that are identified by
April 30, 2016, in items 0250-101-
3259, 5225-001-3259, 5227-101-3259
of Section 2.00 of the Budget Act of
2015, which is in addition to the
amount appropriated in this item.
Any augmentation shall be authorized
no sooner than 30 days after
notification in writing to the
chairpersons of the committees in
each house of the Legislature that
consider appropriations, the
chairpersons of the committees and
appropriate subcommittees that
consider the State Budget, and the
Chairperson of the Joint Legislative
Budget Committee, or not sooner than
whatever lesser time the Chairperson
of the Joint Legislative Budget
Committee, or his or her designee,
may determine.
3. The Employment Development
Department may use up to 5 percent
of the total amount available in
this item to administer this program.
SEC. 93. Item 7320-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
7320-001-0001--For support of Public
Employment Relations Board.................... 9,869,000
8,868,000
Schedule:
(1) 6070-Public Employment 10,055,00
Relations Board............. 0
9,054,000
(2) Reimbursements to 6070-
Public Employment Relations
Board....................... -186,000
SEC. 94. Item 7350-001-0001 of Section 2.00 of the
Budget Act of 2015 is repealed.
7350-001-0001--For support of Department of
Industrial Relations, for a paid sick leave
outreach grant program........................ 1,000,000
Schedule:
(1) 6105-Division of Labor
Standards Enforcement....... 1,000,000
SEC. 95. Item 7350-001-3152 of Section 2.00 of the
Budget Act of 2015 is amended to read:
7350-001-3152--For support of Department of
Industrial Relations, payable from the Labor
Enforcement and Compliance Fund............... 44,822,000
Schedule:
(1) 6105-Division of Labor
Standards Enforcement.. 45,327,000
(2) Reimbursements to 6105-
Division of Labor
Standards Enforcement.. -505,000
(3) 9900100-Administration. 4,074,000
(4) 9900200-Administration-
- Distributed.......... -4,074,000
Provisions:
1. The amount appropriated in this
item includes revenues derived from
the assessment of fines and
penalties imposed as specified in
Section 13332.18 of the Government
Code.
2. The Department of Finance may
augment the amount appropriated in
Schedule (1) of this item by up to
$1,000,000 to provide additional
paid sick leave outreach if an
additional need can be documented.
The Department of Finance shall not
approve the augmentation sooner
than 30 days after written
notification is provided to the
Chairperson of the Joint
Legislative Budget Committee and
the chairpersons of the committees
in each house of the Legislature
that consider appropriations, or
not less than whatever lesser time
the Chairperson of the Joint
Legislative Budget Committee, or
his or her designee, may in each
instance determine.
SEC. 96. Item 8570-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
8570-001-0001--For support of Department
of Food and Agriculture.................... 69,291,000
66,791,000
Schedule:
(1) 6570-Agricultural
Plant and Animal
Health; Pest
Prevention; Food
Safety Services..... 70,224,000
(2) 6575-Marketing;
Commodities and
Agricultural
Services............ 13,381,000
10,881,000
(3) 6580-Assistance to
Fair and County
Agricultural
Activities.......... 486,000
(4) 6590-General
Agricultural
Activities.......... 1,976,000
(5) 9900100-
Administration...... 21,916,000
(6) 9900200-
Administration-
-Distributed........ -21,737,000
(7) Reimbursements to
6570-Agricultural
Plant and Animal
Health; Pest
Prevention; Food
Safety Services..... -4,578,000
(8) Reimbursements to
6575-Marketing;
Commodities and
Agricultural
Services............ -10,549,000
(9) Reimbursements to
6590-General
Agricultural
Activities.......... -1,649,000
(10) Reimbursements to
9900100-
Administration...... -179,000
Provisions:
1. The Secretary of Food and
Agriculture shall furnish to the
Director of Finance and the
Chairperson of the Joint
Legislative Budget Committee
annual reports on all
expenditures from all fund
sources for emergency detection
and eradication activities
relating to agricultural plant
or animal pests or diseases for
which no other program funds are
available to be used to detect
or eradicate such pest or
disease if the pest or disease
is not considered established in
California and the pest or
disease infests or infects
plants or animals of commercial
or noncommercial agriculture,
ornamental horticulture, or
habitat of significance. The
report shall specify the amount
expended by funding source, the
activities performed, the pest
or disease, the location where
the pest was detected, the
location where the eradication
efforts were performed, and the
animal or plant affected for
each emergency detection or
eradication.
2. The Department of Food and
Agriculture shall require full
public participation,
including public meetings, from
all major regions of the state
for each notification of
proposed actions within the
Light Brown Apple Moth program.
3. The amount appropriated in this
item for an agreement with the
Regents of the University of
California to operate poultry
and livestock disease
laboratories shall be adjusted
annually, as necessary, for
University of California
negotiated employee compensation
and benefit adjustments.
SEC. 97. Item 8820-001-0001 of Section 2.00 of the
Budget Act of 2015 is amended to read:
8820-001-0001--For support of Commission on
the Status of Women and Girls............... 615,000
500,000
Schedule:
(1) 6730-Administration,
Legislation, Research, and
Information................ 61 5 00
,000
SEC. 98. Section 3.61 of the Budget Act
of 2015 is amended to read:
SEC. 3.61. Contribution to Prefund Other Postemployment Benefits.
(a) Notwithstanding any other provision of law, the employers'
contribution for prefunding other postemployment benefits for the
2015-16 fiscal year that are chargeable to any item with respect to
each state officer and employee who is a member of the Public
Employees' Retirement System, the Judges' Retirement System, the
Judges' Retirement System II, or the Legislators' Retirement System
and who is in that employment or office shall be the monthly dollar
amount or the percentage of base salaries and wages or pensionable
compensation by bargaining unit, retirement category, fund source, or
state office, department, division, board, bureau, commission,
organization, or agency, as follows:
Bargaining Unit 5, California Association of
Highway Patrolmen......7.30% of base pay
The Director of Finance may adjust amounts in any appropriation
item, or in any category thereof, as a result of changes from amounts
budgeted for the employers' contributions for prefunding other
postemployment benefits for the 2015-16 fiscal year to achieve the
percentages specified in this subdivision.
The contributions for prefunding other postemployment benefits, as
a result of the monthly dollar amounts or the percentages of
salaries and wages in this subdivision, are estimated to be
$53,525,000 for the 2015-16 fiscal year.
(b) Notwithstanding any other provision of law, for purposes of
calculating the "appropriations subject to limitation" as defined in
Section 8 of Article XIII B of the California Constitution, the
appropriations shall be deemed to be the amounts remaining after the
adjustments required by subdivision (a) are made.
(c) The Director of Finance may adjust the percentage levels of
the employers' contribution for prefunding other postemployment
benefits listed in subdivision (a) in accordance with labor
agreements or other legislation approved by the Legislature in the
2015-16 fiscal year. The Director of Finance shall notify the
Controller by executive order of adjustments made pursuant to this
subdivision. Within 30 days of making an adjustment pursuant to this
subdivision, the Director of Finance shall report the adjustment in
writing to the Chairperson of the Joint Legislative Budget Committee
and the chairpersons of the committees in each house of the
Legislature that consider appropriations. either of
the following:
(1) Labor agreements or other legislation approved by the
Legislature.
(2) For employees excluded from collective bargaining, in
accordance with salary and benefit schedules established by the
Department of Human Resources.
(d) The Director of Finance
shall notify the Controller by executive order of adjustments made
pursuant to subdivision (c). The executive order shall be submitted
not sooner than 30 days after notification of the adjustments in
writing to the Chairperson of the Joint Legislative Budget Committee
and the chairpersons of the committees in each house of the
Legislature that consider appropriations.
SEC. 99. Section 4.11 of the Budget Act
of 2015 is amended to read:
SEC. 4.11. All new positions approved in the 2015-16
fiscal year shall be established effective July 1, 2015, unless
otherwise approved by the Department of Finance. Before the end of
each month, the Controller shall provide to the Department of Finance
a listing of each new position approved that will be abolished
pursuant to Section 12439 of the Government Code as a result of the
position being vacant for six consecutive pay periods at the end of
the immediately preceding month. The report provided by the
Controller shall include the department, division, position
classification, position number, and the date the position was
established.
To promote greater transparency in how departments develop their
support budgets, which include personal services and operating
expenses and equipment, as defined in Section 3.00, the Department of
Finance shall develop a process for reconciling department budgets
as it concerns the aforementioned categories. This reconciliation
process will begin in the 2015-16 fiscal year and the results used to
help build departments' baseline budgets in the Governor's Budget
for the 2016-17 fiscal year.
SEC. 100. Section 6.10 of the Budget
Act of 2015 is amended to read:
SEC. 6.10. (a) Notwithstanding any other provision of law, the
Director of Finance may allocate $120,000,000 General Fund to the
departments in the amounts identified below for deferred maintenance
projects:
University of California......25,000,000
California State University...... 25,000,000
Department of Parks and Recreation......20,000,000
Department of Corrections and Rehabilitation......15,000,000
Department of Food and Agriculture......9,000,000
State Department of State Hospitals......7,000,000
State Department of Developmental Services......7,000,000
Department of General Services......5,000,000
Office of Emergency Services......3,000,000
Military Department......2,000,000
Department of Veterans Affairs......2,000,000
(b) Prior to the allocation of funds, the Department of Finance
shall provide a list of deferred maintenance projects for each entity
identified in (a) to the Chairperson of the Joint Legislative Budget
Committee 30 days prior to allocating any funds. The Department of
Finance shall provide a schedule to the Controller providing for the
allocation.
(c) Prior to making a change to the list, a department shall
obtain the approval of the Director of Finance. The Director of
Finance shall notify the Chairperson of the Joint Legislative Budget
Committee quarterly of any changes to the list of deferred
maintenance projects. The quarterly notification to the Joint
Legislative Budget Committee shall identify the projects removed or
added, the cost of those projects, and the reasons for the changes.
(b) Prior to the allocation of funds, the Department of Finance
shall provide a list of deferred maintenance projects for each entity
identified in (a) to the Chairperson of the Joint Legislative Budget
Committee 30 days prior to allocating any funds. The Department of
Finance shall provide a schedule to the Controller providing for the
allocation.
(c) Prior to making a change to the list, a department shall
obtain the approval of the Director of Finance. The Director of
Finance shall notify the Chairperson of the Joint Legislative Budget
Committee quarterly of any changes to the list of deferred
maintenance projects. The quarterly notification to the Joint
Legislative Budget Committee shall identify the projects removed or
added, the cost of those projects, and the reasons for the changes.
(d) Of the amount identified for the Department of Food and
Agriculture, $7,000,000 is for the Network of California Fairs.
(e) The amounts allocated pursuant to subdivision (a) shall be
available for encumbrance or expenditure until June 30, 2017.
SEC. 101. Section 12.32 of the Budget
Act of 2015 is amended to read:
SEC. 12.32. (a) It is the intent of the Legislature that
appropriations that are subject to Section 8 of Article XVI of the
California Constitution be designated with the wording "Proposition
98." In the event these appropriations are not so designated, they
may be designated as such by the Department of Finance, where that
designation is consistent with legislative intent, not less than 30
days after notification in writing of the proposed designation to the
chairpersons of the committees in each house of the Legislature that
consider appropriations and the Chairperson of the Joint Legislative
Budget Committee, or not less than a shorter period after
notification that the chairperson of the joint committee, or his or
her designee, determines.
(b) Pursuant to the Proposition 98 funding requirements
established in Chapter 2 (commencing with Section 41200) of Part 24
of Division 3 of Title 2 of the Education Code, the total
appropriations for Proposition 98 for the 2015-16 fiscal year are
$50,000,026,000 $49,416,317,000 or
41.8 42.4 percent of total General Fund
revenues, Education Protection Account revenues, and transfers
subject to the state appropriations limit. General Fund and Education
Protection Account revenues appropriated for school districts are
$44,556,917,000 $44,035,444,000 or
37.2 37.8 percent of total General Fund
revenues, Education Protection Account revenues, and transfers
subject to the state appropriations limit. General Fund and Education
Protection Account revenues appropriated to school districts and
community college districts for adult education are $500,000,000 or
0.4 percent of total General Fund revenues, Education Protection
Account revenues, and transfers subject to the state appropriations
limit. General Fund and Education Protection Account revenues
appropriated for community college districts are
$4,862,767,000 $4,800,531,000 or 4.1 percent of
total General Fund revenues, Education Protection Account revenues,
and transfers subject to the state appropriations limit. General Fund
and Education Protection Account revenues appropriated for other
state agencies that provide direct elementary and secondary level
education, as defined in Section 41302.5 of the Education Code, are
$80,342,000 or 0.1 percent of total General Fund revenues, Education
Protection Account revenues, and transfers subject to the state
appropriations limit.
(c) Notwithstanding any preexisting budgetary or accounting
requirements to the contrary, the Department of Finance shall make
the final determination of the proper budgeting and accounting of the
revenues received by and disbursements from the Education Protection
Account.
SEC. 102. Section 35.50 of the Budget
Act of 2015 is amended to read:
SEC. 35.50. (a) For purposes of paragraph (1) of subdivision (f)
of Section 10, and subdivision (g) of Section 12, of Article IV of
the California Constitution, "General Fund revenues" means the total
resources available to the General Fund for a fiscal year before any
transfer to the Budget Stabilization Account.
(b) For purposes of subdivision (g) of Section 12 of Article IV
of the California Constitution, the estimate of General Fund revenues
for the 2015-16 fiscal year pursuant to this act, as passed by the
Legislature, is $122,531,000,000
$119,310,000,000 .
(c) For purposes of paragraph (2) of subdivision (a) of Section
20 of Article XVI of the California Constitution, "General Fund
revenues" shall be defined as revenues and transfers before any
transfer to the Budget Stabilization Account.
(d) Pursuant to subdivision (h) of Section 20 of Article XVI of
the California Constitution, the following estimates are provided:
(1) For purposes of paragraph (2) of subdivision (a) of Section
20 of Article XVI, the sum equal to 1.5 percent of the estimated
General Fund revenues for the 2015-16 fiscal year is
$1,799,000,000 $1,753,000,000 .
(2) For purposes of clause (ii) of subparagraph (B) of paragraph
(1) of subdivision (b) of Section 20 of Article XVI, the estimate of
capital gains revenues that exceeds 8 percent of General Fund
proceeds of taxes for the 2015-16 fiscal year is
$4,229,000,000 $2,329,000,000 .
(3) For purposes of subparagraph (F) of paragraph (1) of
subdivision (b) of Section 20 of Article XVI, the estimated amount of
transfer to the Budget Stabilization Account in the 2015-16 fiscal
year is $2,614,000,000 $1,854,000,000 .
SEC. 103. Section 39 .00 of the
Budget Act of 2015 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 94, AB 95, AB
104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112,
AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB
121, AB 122, AB 123, AB 124, AB 125, AB 126, AB 127, AB 128, AB 129,
AB 130, AB 131, AB 132, AB 133, AB 134, AB 135, AB 136, AB 137, AB
138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78,
SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88,
SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96, SB 97, SB
98, SB 99, SB 100, SB 101, SB 102, SB 103, SB 104, SB 105, SB 106, SB
107, SB 108, and SB 109 , in the form that these
bills existed at the time that the act amending this section of the
Budget Act of 2015 took effect .
SEC. 104. 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 2015.
