Bill Text: CA AB1497 | 2011-2012 | Regular Session | Chaptered
Bill Title: Budget Act of 2012.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2012-08-29 - Governor Item Veto Item 6110-488 removed from inactive file at request of Assembly Member Hagman. [AB1497 Detail]
Download: California-2011-AB1497-Chaptered.html
BILL NUMBER: AB 1497 CHAPTERED
BILL TEXT
CHAPTER 29
FILED WITH SECRETARY OF STATE JUNE 27, 2012
APPROVED BY GOVERNOR JUNE 27, 2012
PASSED THE SENATE JUNE 27, 2012
PASSED THE ASSEMBLY JUNE 27, 2012
AMENDED IN SENATE JUNE 25, 2012
AMENDED IN SENATE JUNE 25, 2012
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Bonilla, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2012
An act to amend the Budget Act of 2012 by amending Items
0250-001-0932, 0250-101-0932, 0820-011-8071, 0890-001-0001,
2660-001-0046, 3480-001-3046, 3960-001-0014, 4260-001-0001,
4260-001-0890, 4260-101-0001, 4260-101-0890, 4260-111-0001,
4260-111-0890, 4260-113-0001, 4260-113-0890, 4265-001-3085,
4280-001-0001, 4280-001-0890, 4280-101-0001, 4280-101-0890,
4280-101-3156, 4280-102-0001, 4280-102-0890, 4280-102-3156,
5180-101-0001, 5180-101-0890, 5180-111-0001, 5180-141-0001,
5180-141-0890, 5225-001-0001, 5225-002-0001, 6110-001-0890,
6110-005-0001, 6110-140-0001, 6110-140-0349, 6110-156-0890,
6110-161-0001, 6110-161-0890, 6110-194-0001, 6110-211-0001,
6110-295-0001, 6110-488, 6110-496, 6440-001-0001, 6610-001-0001,
6645-001-0001, 6870-101-0001, 7300-001-0001, 7980-101-0001,
7980-101-0784, 8955-001-0001, 9650-001-0001, 9800-001-0001,
9800-001-0494, 9800-001-0988 of, by adding Items 0250-302-0668,
0820-001-8071, 0820-101-8071, 2660-104-6072, 2660-304-6055,
2660-304-6058, 2660-304-6064, 2660-304-6072, 2665-004-0890, and
2665-004-6043 to, and by repealing Items 0250-111-0556 and
6110-005-0890 of, Section 2.00 of, and by amending Sections 3.62,
3.90, 12.32, 12.42, 15.11, 35.50, and 99.50 of, and by adding Section
12.35 to, that act, relating to the State Budget, and making an
appropriation therefor, to take effect immediately, budget bill.
LEGISLATIVE COUNSEL'S DIGEST
I object to the following appropriations contained in Assembly
Bill 1497.
Item 0250-101-0932--For local assistance, Judicial Branch. I
revise this item by deleting a portion of Provision 15.
I am revising this item by deleting the last sentence of Provision
15, which would permit the Judicial Council to offset General Fund
reductions to the trial courts by redirecting additional funds from
within the Judicial Branch's budget. I believe this language is
unnecessary as the Budget already provides the appropriate level of
funding, given available resources, for each segment of the
Judiciary.
"15. Notwithstanding any other provision of law, during the
2012-13 fiscal year, the Judicial Council shall allocate $385,000,000
of reductions in funding contained in Schedule (1) as follows: (a)
no more than $235,000,000 shall be allocated to each trial court
based on each court's proportionate share of total statewide trial
court reserves, and (b) no more than $150,000,000 shall be allocated
based on each trial court's proportionate share of the 2011-12 fiscal
year Trial Court Trust Fund allocation. Upon approval of the
Director of Finance and no sooner than 30 days after notification in
writing to the committees of each house of the Legislature that
consider the State Budget, the Judicial Council may offset either of
these reductions through transfers from any other item within the
Judicial Branch's budget, with the exception of funding scheduled for
the Supreme Court, Courts of Appeal, and Habeas Corpus Resource
Center. "
Item 5180-111-0001--For local assistance, Department of Social
Services. I reduce this item from $4,443,230,000 to $4,438,530,000 by
reducing:
(2) 25.15-IHSS from $6,239,606,000 to $6,234,906,000.
I am reducing this item by $4,700,000 to eliminate an augmentation
to support administration of the In-Home Supportive Services (IHSS)
program. This would align funding with the level I included in the
May Revision. This reduction is necessary to provide for a prudent
General Fund reserve. With this reduction, $134,223,000 General Fund
still remains for IHSS administration.
Item 5180-141-0001--For local assistance, Department of Social
Services. I reduce this item from $717,265,000 to $694,265,000 by
reducing:
(1) 16.75-County Administration and Automation Projects from
$1,833,498,000 to $1,779,498,000.
(3) Amount payable from the Federal Trust Fund (Item
5180-141-0890) from
-$1,068,900,000 to -$1,037,900,000.
I am reducing this item by $54,000,000 ($23,000,000 General Fund)
on a one-time basis in the County Administration and Automation
Projects program for administration of the CalFresh program. This
reduction is necessary to provide for a prudent General Fund reserve.
With this reduction, total funding of $1,464,752,000 still remains
budgeted to support CalFresh administrative costs. This level of
funding for county administration is greater than what I proposed in
the May Revision.
Item 5180-141-0890--For local assistance, Department of Social
Services. I reduce this item from $1,068,900,000 to $1,037,900,000.
I am reducing this item by $31,000,000 to conform to the action I
have taken in Item 5180 141 0001.
Item 6110-001-0890--For support of Department of Education. I
reduce this item from $162,299,000 to $162,194,000 and by revising
Provision 35.
I am reducing this item by $105,000 federal Migrant Education
Funds to eliminate indirect cost funding associated with the Bureau
of State Audits audit of the Migrant Education Program. This amount
duplicates state operations funding already included in the
Department of Education's budget and is unnecessary. With this
reduction, $600,000 remains to fund the audit.
I am revising Provision 35 to conform to this action as follows:
"35. Of the funds appropriated in this item, up to
$705,000 $600,000 is provided in one-time federal Title I,
Part C, carryover funds for transfer to the State Audit Fund for the
purpose of the Bureau of State Audits to conduct an independent audit
of state and local implementation of the federally funded Migrant
Education Program. The audit report shall be submitted to the
appropriate fiscal and policy committees of each house of the
Legislature and to the State Department of Education (SDE) no later
than March 1, 2013.
(a) The audit report shall include all of the following:
(1) A detailed audit of expenditures, fiscal practices, and fiscal
oversight at the SDE and in a sample of local Migrant Education
Program regions to determine whether there is compliance with
applicable state and federal laws, regulations, and administrative
policies.
(2) A detailed audit of the State Parent Advisory Council (SPAC)
makeup and activities at the state level and in a sample of local
Migrant Education Program regions to determine whether there is
compliance with applicable state and federal laws, regulations, and
administrative policies, and to assess whether the state
appropriately supports and engages migrant parents.
(3) A detailed review of how effectively the state organizes and
implements migrant education services at both the state and local
levels, which includes alignment between program goals and program
activities, outcomes from state-level contracts, effectiveness of
data collection structures and internal operations, and the efficacy
of the existing regional service delivery structure.
(4) Recommendations for how the state may address audit findings
related to the topics described in paragraphs (1), (2), and (3).
(5) A review of the extent to which any relevant findings raised
in recent federal reviews (since 2006) of the state's Migrant
Education Program pertaining to these and other topics have been
addressed. If these findings have not been adequately addressed,
provide recommendations on how the state should address them to
ensure the delivery of services in the Migrant Education Program are
efficient and effective.
(b) The regions selected for the sample shall be sufficient in
number to reflect the diversity of local regions and program
structures."
Item 6110-140-0001--For local assistance, Department of Education
(Proposition 98). I reduce this item from $886,000 to $0 by reducing:
(2) 20.90.001.020-California School Information Services
Administration from $2,184,000 to $1,298,000.
I am reducing this item by $886,000 to reflect the decrease in
workload at the California School Information System (CSIS)
associated with the completion of the California Longitudinal Pupil
Achievement Data System (CALPADS) project. The Budget acknowledges
the continued workload associated with CSIS's support of the CALPADS
maintenance phase, and therefore, continues to provide $7,136,000 to
ensure that CSIS is successful in meeting this objective.
Item 6110-194-0001--For local assistance, Department of Education.
I reduce this item from $770,603,000 to $750,603,000 by reducing:
(1.5) 30.10.020-Child Care Services from $1,329,885,000 to
$1,309,885,000, and
(d) 30.10.020.007-Special Program, Child Development, Alternative
Payment Program from $194,031,000 to $174,031,000.
I am reducing $20,000,000 from voucher-based child care programs,
except for those serving current and former CalWORKs families. While
I would have preferred to restructure rates and reform the program to
achieve savings, this across the board reduction in child care slots
is necessary to help bring ongoing expenditures in line with
existing resources. With this reduction, a total of $1.3 billion in
non Proposition 98 General Fund and federal funds remain to support
child care programs administered by the Department of Education.
Item 6110-488--Reappropriation, Department of Education. I revise
this item by deleting Provision 8.
I am deleting Provision 8 which contains an augmentation of
$8,100,000 for the Advancement Via Individualized Determination
program because it creates additional cost pressures within
Proposition 98 and school districts are in the best position to
determine whether this program should be funded at the local level.
Item 6440-001-0001--For support of University of California. I
reduce this item from $2,053,750,000 to $2,053,749,000 by reducing:
(1) Support from $2,053,750,000 to $2,053,749,000,
and by deleting Provisions 5, 7, 8, 9, 10, 11, 12, 14, 15, and 17.
I am deleting Provisions 5, 7, 8, 9, 10, 11, and 12, because the
requirements contained in these provisions to expend funds on various
programs create unnecessary cost pressures within this item and are
unnecessarily restrictive. Specifically, these provisions earmark
funding levels for the following programs administered by the
University of California (University): the Charles R. Drew Medical
Program, the California State Summer School for Mathematics and
Science, the Science and Math Teacher Initiative, the Program in
Medical Education, nursing programs, Acquired Immune Deficiency
Syndrome research, and the California Subject Matter Projects.
Eliminating these earmarks will give the University greater
flexibility to manage the $750 million permanent reduction in state
funding enacted in fiscal year 2011-12.
I am deleting Provision 14 because the requirement contained in
this provision to expend funds on retired annuitant health and dental
benefits creates unnecessary cost pressures and is unnecessarily
restrictive.
I am deleting Provision 15 because the requirement contained in
this provision that the University achieve an enrollment target of
209,977 resident full-time equivalent students creates unnecessary
cost pressures on this item and is unnecessarily restrictive.
Finally, I am reducing this item by $1,000 and deleting Provision
17 which would restrict the University's ability to contract out for
services rather than using in-house personnel, under specified terms.
While I encourage the University to review the overall cost
effectiveness of its contracting out, this provision would
unnecessarily limit the University's ability to effectively manage
its operations.
Item 6610-001-0001--For support of California State University. I
delete Provisions 5, 6, 9, and 10.
I am deleting Provisions 5 and 6 because the requirements
contained in these provisions to expend funds on various programs
creates unnecessary cost pressures and are unnecessarily restrictive.
Specifically, these provisions earmark funding levels for the
Science and Math Teacher Initiative and nursing programs administered
by the California State University (CSU). Eliminating these earmarks
will give CSU greater flexibility to manage the $750 million
permanent reduction in state funding enacted in 2011-12.
I am deleting Provision 9 because the requirement contained in
this provision to expend funds on retired annuitant dental benefits
creates unnecessary cost pressures and is unnecessarily restrictive.
Finally, I am deleting Provision 10 because the requirement
contained in this provision that the CSU achieve an enrollment target
of 331,716 resident full-time equivalent students creates
unnecessary cost pressures and is unnecessarily restrictive.
Item 7980-101-0001--For local assistance, Student Aid Commission.
I reduce this item from $721,452,000 to $698,852,000 by reducing:
(1) 15-Financial Aid Grants Program from $1,638,628,000 to
$1,616,028,000,
and by revising Provisions 1 and 3.
I am reducing this item by $22,600,000 and amending subsections
which establish the maximum Cal Grant awards. The amounts of these
awards are statutorily required to be in the Budget. Specifically, I
am reducing the private institution award from $9,708 to $9,223, the
independent institution award from $9,708 to $9,223, the Cal Grant B
access award from $1,551 to $1,473, the Cal Grant C tuition and fee
award from $2,592 to $2,462, and the Cal Grant C book and supply
award from $576 to $547. Each of these represent a 5-percent
reduction. This action is necessary to align ongoing program
expenditures with existing resources. This action will not eliminate
eligibility for any Cal Grant student.
I am revising subsections (a), (b), (c), (d), and (e) of Provision
3 to conform to this action as follows:
"(a) New and renewal recipients attending private institutions
shall be $9,708 $9,223.
(b) New and renewal recipients attending independent institutions
shall be $9,708 $9,223.
(c) All recipients receiving Cal Grant B access awards shall be
$1,551 $1,473.
(d) All recipients receiving Cal Grant C tuition and fee awards
shall be $2,592 $2,462.
(e) All recipients receiving Cal Grant C book and supply awards
shall be $576 $547."
I am further revising subsections to eliminate costs resulting
from the Student Aid Commission's authority to issue new warrants for
the Assumption Program of Loans for Education and the State Nursing
Assumption Program of Loans for Education. The number of awards are
statutorily required to be in the Budget. The General Fund savings
that will begin in 2013-14 will help align ongoing program
expenditures with available resources into the future.
I am revising subsection (c) of Provision 1 to conform to this
action as follows:
"(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 7,200 new warrants. "
I am revising subsection (f) of Provision 1 to conform to this
action as follows:
"(f) 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 100 new warrants. "
With the above deletions, revisions, and reductions, I hereby
approve Assembly Bill 1497.
EDMUND G. BROWN JR.
AB 1497, Committee on Budget. Budget Act of 2012.
The Budget Bill, enacted as the Budget Act of 2012, would make
appropriations for the support of state government for the 2012-13
fiscal year.
This bill would amend the Budget Act of 2012 by revising items of
appropriation and making other changes in the Budget Act of 2012.
This bill would become operative only if AB 1464 or SB 1004 is
enacted as the Budget Act of 2012.
This bill would declare that it is to take effect immediately as a
Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Item 0250-001-0932 of Section 2.00 of the Budget Act of
2012 is amended to read:
0250-001-0932--For support of Judicial
Branch, payable from the Trial Court Trust
Fund.......................................... 35,290,000
Schedule:
(1) 30-Judicial Council.... 6,156,000
(2) 30.15-Trial Court
Operations............. 29,134,000
Provisions:
1. Upon approval of the Administrative
Director of the Courts, the
Controller shall increase this item
by an amount sufficient to allow
for the expenditure of any transfer
to this item made pursuant to
Provisions 7, 8, 12, and 14 of Item
0250-101-0932.
2. The Administrative Office of the
Courts shall provide to the Joint
Legislative Budget Committee and
the Department of Finance a
quarterly report, within 30 days of
the end of each quarter, detailing:
(a) all expenditures made from this
item and (b) between July 1, 2012,
and January 1, 2013, any and all
expenditures or encumbrances of
funds from the Trial Court Trust
Fund, including expenditures or
encumbrances of funds that are not
pursuant to an appropriation
contained within this act and
excluding Schedules (2), (3), and
(4) of Item 0250-101-0932 and
direct allocations to trial courts.
SEC. 2. Item 0250-101-0932 of Section 2.00 of the Budget Act of
2012 is amended to read:
0250-101-0932--For local assistance,
Judicial Branch, payable from the Trial
Court Trust Fund.......................... 1,826,195,000
Schedule:
(1) 45.10-Support for
Operation of the 1,390,697,00
Trial Courts........ 0
(2) 45.25-Compensation
of Superior Court
Judges.............. 306,829,000
(3) 45.35-Assigned
Judges.............. 26,047,000
(4) 45.45-Court
Interpreters........ 92,794,000
(5) 45.55.060-Court
Appointed Special
Advocate Program.... 2,213,000
(6) 45.55.065-Model
Self-Help Program... 957,000
(7) 45.55.090-Equal
Access Fund......... 5,482,000
(8) 45.55.095-Family
Law Information
Centers............. 345,000
(9) 45.55.100-Civil
Case Coordination... 832,000
(11) Reimbursements...... -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. Of the funds appropriated in
Schedule (1), which will be
transferred to the State Trial
Court Improvement and
Modernization Fund in accordance
with subdivision (b) of Section
77209 of the Government Code, up
to $5,000,000 shall be available
for support of services for self-
represented litigants.
7. Upon approval by the
Administrative Director of the
Courts, 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
Administrative Office of the
Courts.
8. 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 of the Courts, the
Controller shall transfer up to
5 percent of the funding
appropriated in Schedule (2) 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.
9. 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.
10. Sixteen (16.0) subordinate
judicial officer positions are
authorized to be converted to
judgeships in the 2012-13 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.
11. 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.
12. Upon approval of the
Administrative Director of the
Courts, 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.
13. Upon approval of the
Administrative Director of the
Courts, the amount available for
expenditure in this item may be
augmented by the amount of
resources collected to support
the implementation and
administration of the civil
representation pilot program.
14. Upon approval of the
Administrative Director of the
Courts, the Controller shall
transfer up to $500,000 to Item
0250-001-0932 for administrative
services provided by the
Administrative Office of the
Courts to implement and
administer the Civil
Representation Pilot Program.
15. Notwithstanding any other
provision of law, during the
2012-13 fiscal year, the
Judicial Council shall allocate
$385,000,000 of reductions in
funding contained in Schedule
(1) as follows: (a) no more than
$235,000,000 shall be allocated
to each trial court based on
each court's proportionate share
of total statewide trial court
reserves, and (b) no more than
$150,000,000 shall be allocated
based on each trial court's
proportionate share of the 2011-
12 fiscal year Trial Court Trust
Fund allocation. Upon approval
of the Director of Finance and
no sooner than 30 days after
notification in writing to the
committees of each house of the
Legislature that consider the
State Budget, the Judicial
Council may offset either of
these reductions through
transfers from any other item
within the Judicial Branch's
budget, with the exception of
funding scheduled for the
Supreme Court, Courts of Appeal,
and Habeas Corpus Resource
Center.
16. This item includes a one-time
augmentation of $86,709,000 to
offset the reductions in trial
court funding in the 2012-13
fiscal year, based on transfers
as follows: (a) $27,223,000
transferred from the State Trial
Court Improvement and
Modernization Fund, and (b)
$59,486,000 transferred from the
State Court Facilities
Construction Fund.
17. Of the amount appropriated in
this item, $46,000,000 of
planned expenditures for the
Court Case Management System
project shall instead be
redirected to offset reductions
in trial court funding in the
2012-13 fiscal year.
SEC. 3. Item 0250-111-0556 of Section 2.00 of the Budget Act of
2012 is repealed.
SEC. 4. Item 0250-302-0668 is added to Section 2.00 of the Budget
Act of 2012, to read:
0250-302-0668--For capital outlay,
Judicial Branch, payable from the Public
Buildings Construction Fund Subaccount.... 208,144,000
Schedule:
(1) 91.43.001-Santa
Clara County: New
Family Justice
Center-
-Construction....... 208,144,000
Provisions:
1. Funds appropriated in this item
shall not be expended until the
Judicial Council has reconfirmed
both the detailed cost and scope
of the projects, as approved by
the Department of Finance.
2. The State Public Works Board may
issue lease-revenue bonds,
notes, or bond anticipation
notes pursuant to Chapter 5
(commencing with Section 15830)
of Part 10b of Division 3 of
Title 2 of the Government Code
to finance the design and
construction of the project
authorized by this item.
3. The Judicial Council and the
State Public Works Board are
authorized and directed to
execute and deliver any and all
leases, contracts, agreements,
or other documents necessary or
advisable to consummate the sale
of bonds or otherwise effectuate
the financing of the scheduled
project.
4. The State Public Works Board
shall not be deemed a lead or
responsible agency for purposes
of the California Environmental
Quality Act (Division 13
(commencing with Section 21000)
of the Public Resources Code)
for any activities under the
State Building Construction Act
of 1955 (Part 10b (commencing
with Section 15800) of Division
3 of Title 2 of the Government
Code). This provision does not
exempt the Judicial Council from
the requirements of the
California Environmental Quality
Act. This provision is
declaratory of existing law.
5. Notwithstanding any other
provision of law, the funds
appropriated in this item shall
be available for encumbrance
until June 30, 2016.
SEC. 5. Item 0820-001-8071 is added to Section 2.00 of the Budget
Act of 2012, to read:
0820-001-8071--For support of Department of
Justice, payable from the National Mortgage
Special Deposit Fund ......................... 8,000,000
Schedule:
(1) 20-Division of Legal
Services.................... 8,000,000
SEC. 6. Item 0820-011-8071 of Section 2.00 of the Budget Act of
2012 is amended to read:
0820-011-8071--For transfer by the
Controller, upon order of the Director
of Finance, from the National Mortgage
Special Deposit Fund to the General
Fund................................... (100,000,000)
Provisions:
1. The amount transferred in
this item is a loan to the
General Fund and shall be
repaid upon the order of
the Director of Finance by
June 30, 2014, to be used
to reimburse the General
Fund.
SEC. 7. Item 0820-101-8071 is added to Section 2.00 of the Budget
Act of 2012, to read:
0820-101-8071--For local assistance,
Department of Justice, payable from the
National Mortgage Special Deposit Fund.... 10,400,000
SEC. 8. Item 0890-001-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
0890-001-0001--For support of Secretary of
State...................................... 31,764,000
Schedule:
(1) 10-Filings and
Registrations....... 53,526,000
(2) 20-Elections........ 36,014,000
(3) 30-Archives......... 10,897,000
(4) 40-Department of
Justice Legal
Services............ 333,000
(5) 50.01-
Administration and
Technology.......... 23,962,000
(6) 50.02-Distributed
Administration and
Technology.......... -23,962,000
(7) Reimbursements...... -10,575,000
(8) Amount payable from
the Secretary of
State's Business
Fees Fund (Item
0890-001-0228)...... -40,231,000
(9) Amount payable from
the Federal Trust
Fund (Item 0890-001-
0890)............... -16,602,000
(10) Amount payable from
the Victims of
Corporate Fraud
Compensation Fund
(Corporations Code
1502.5)............. -1,598,000
Provisions:
1. The Secretary of State may not
expend any special handling fees
authorized by Chapter 999 of the
Statutes of 1999 which are
collected in excess of the cost
of administering those special
handling fees unless
specifically authorized by the
Legislature.
2. Of the amounts appropriated in
this item, $16,602,000 shall be
used for operational costs
associated with implementation
of the Help America Vote Act of
2002 (42 U.S.C. Sec. 15301 et
seq.).
3. Of the funds appropriated in
this item, $5,733,000 is
available for preparing,
printing, and mailing the state
ballot pamphlet pursuant to
Article 7 (commencing with
Section 9080) of Chapter 1 of
Division 9 of the Elections
Code. Any unexpended funds
pursuant to this provision shall
revert to the General Fund.
SEC. 9. Item 2660-001-0046 of Section 2.00 of the Budget Act of
2012 is amended to read:
2660-001-0046--For support of Department
of Transportation, for payment to Item
2660-001-0042, payable from the Public
Transportation Account, State
Transportation Fund........................ 159,967,000
Provisions:
1. For Program 30--Mass
Transportation, $90,347,027
appropriated in this item is
available for intercity rail
contracts.
2. Notwithstanding any other
provision of law, funds
appropriated in this item from
the Public Transportation
Account may be reduced and
replaced by an equivalent
amount of federal funds
determined by the Department
of Transportation to be
available and necessary to
comply with Section 8.50 and
the most effective management
of state transportation
resources. Not more than 30
days after replacing the state
funds with federal funds, the
Director of Finance shall
notify in writing the
chairpersons of the committees
in each house of the
Legislature that consider
appropriations and the
Chairperson of the Joint
Legislative Budget Committee
of this action.
3. Of the funds appropriated
in this item, the Department
of Finance may transfer
expenditure authority among
schedules to accommodate
increases in Amtrak contract
costs related to fuel.
SEC. 10. Item 2660-104-6072 is added to Section 2.00 of the Budget
Act of 2012, to read:
2660-104-6072--For capital outlay, Department
of Transportation, non-State Transportation
Improvement Program (STIP), payable from the
State Route 99 Account, Highway Safety,
Traffic Reduction, Air Quality, and Port
Security Fund of 2006......................... 1,000
Schedule:
(1) 20.30-Highway Transportation-
-Local Assistance............ 1,000
Provisions:
1. These funds shall be available for
allocation by the California
Transportation Commission until June
30, 2014, and available for
encumbrance and liquidation until
June 30, 2018.
2. Notwithstanding any other provision
of law, funds appropriated in this
item may be transferred to Item 2660-
304-6072. These transfers shall
require the prior approval of the
Department of Finance.
3. The amount appropriated in this item
may be reduced to an amount that
would ensure that expenditures do not
exceed the amount authorized for this
program under subdivision (b) of
Section 8879.23 of the Government
Code.
SEC. 11. Item 2660-304-6055 is added to Section 2.00 of the Budget
Act of 2012, to read:
2660-304-6055--For capital outlay,
Department of Transportation, non-State
Transportation Improvement Program
(STIP), payable from the Corridor
Mobility Improvement Account, Highway
Safety, Traffic Reduction, Air Quality,
and Port Security Fund of 2006............ 302,421,000
Schedule:
(1) 20.20-Highway
Transportation...... 302,421,000
Provisions:
1. These funds shall be available
for allocation by the California
Transportation Commission until
December 31, 2012, and available
for liquidation until June 30,
2018.
2. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred to Item 2660-104-
6055. These transfers shall
require the prior approval of
the Department of Finance.
3. Notwithstanding any other
provision of law, funds
appropriated to Item 2660-004-
6055 may be transferred to this
item. These transfers shall
require the prior approval of
the Department of Finance.
4. The amount appropriated in this
item may be adjusted up to an
amount that would either (a)
allow full utilization of the
funds authorized for this
program under paragraph (1)
of subdivision (a) of Section
8879.23 of the Government Code
or (b) ensure that expenditures
do not exceed the amount
authorized for this program
under paragraph (1) of
subdivision (a) of Section
8879.23 of the Government Code.
SEC. 12. Item 2660-304-6058 is added to Section 2.00 of the Budget
Act of 2012, to read:
2660-304-6058--For capital outlay,
Department of Transportation, State
Transportation Improvement Program (STIP),
payable from the Transportation Facilities
Account, Highway Safety, Traffic Reduction,
Air Quality, and Port Security Fund of 2006 . 26,586,000
Schedule:
(1) 20.20-Highway
Transportation........ 26,586,000
Provisions:
1. These funds shall be available
for allocation by the California
Transportation Commission until
June 30, 2014, and available for
encumbrance and liquidation until
June 30, 2018.
2. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred to Item 2660-104-
6058. These transfers shall
require the prior approval of the
Department of Finance.
3. The amount appropriated in this
item may be reduced to an amount
that would ensure that
expenditures do not exceed the
amount authorized for this
program under subdivision (e) of
Section 8879.23 of the Government
Code.
SEC. 13. Item 2660-304-6064 is added to Section 2.00 of the Budget
Act of 2012, to read:
2660-304-6064--For capital outlay,
Department of Transportation, non-State
Transportation Improvement Program (STIP),
payable from the Highway Safety,
Rehabilitation, and Preservation Account,
Highway Safety, Traffic Reduction, Air
Quality, and Port Security Fund of 2006...... 46,500,000
Schedule:
(1) 20.20-Highway
Transportation........ 46,500,000
Provisions:
1. These funds shall be available
for allocation by the California
Transportation Commission until
June 30, 2014, and available for
encumbrance and liquidation until
June 30, 2018.
2. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred to Item 2660-104-
6064. These transfers shall
require the prior approval of the
Department of Finance.
3. The amount appropriated in this
item may be reduced to an amount
that would ensure that
expenditures do not exceed the
amount authorized for this
program under paragraph (1) of
subdivision (k) of Section
8879.23 of the Government Code.
SEC. 14. Item 2660-304-6072 is added to Section 2.00 of the Budget
Act of 2012, to read:
2660-304-6072--For capital outlay,
Department of Transportation, non-State
Transportation Improvement Program (STIP),
payable from the State Route 99 Account,
Highway Safety, Traffic Reduction, Air
Quality, and Port Security Fund of 2006...... 70,269,000
Schedule:
(1) 20.20-Highway
Transportation........ 70,269,000
Provisions:
1. These funds shall be available
for allocation by the California
Transportation Commission until
June 30, 2014, and available for
encumbrance and liquidation until
June 30, 2018.
2. Notwithstanding any other
provision of law, funds
appropriated in this item may be
transferred to Item 2660-104-
6072. These transfers shall
require the prior approval of the
Department of Finance.
3. The amount appropriated in this
item may be reduced to an amount
that would ensure that
expenditures do not exceed the
amount authorized for this
program under subdivision (b) of
Section 8879.23 of the Government
Code.
SEC. 15. Item 2665-004-0890 is added to Section 2.00 of the Budget
Act of 2012, to read:
2665-004-0890--For support of High-Speed Rail
Authority, payable from the Federal Trust
Fund.......................................... 660,000
Schedule:
(1) 10-Administration........... 660,000
SEC. 16. Item 2665-004-6043 is added to Section 2.00 of the Budget
Act of 2012, to read:
2665-004-6043--For support of High-Speed Rail
Authority, payable from the High-Speed
Passenger Train Bond Fund..................... 23,987,000
Schedule:
(1) 10-Administration...... 10,987,000
(2) 20-Program Management
and Oversight
Contracts.............. 5,000,000
(3) 30-Public Information
and Communications
Contracts.............. 500,000
(4) 40-Fiscal and Other
External Contracts..... 7,500,000
Provisions:
1. Of the funds provided in this item
for contracts, the High-Speed Rail
Authority shall ensure that all
deliverables and services included
in contracts between the authority
and each of its contractors are
completed to the level prescribed
by the contract as a requirement
for payment by the authority to the
contractor. It is the intent of the
Legislature that this section not
prohibit the High-Speed Rail
Authority from working with
contractors in the management of
these contracts.
2. Of the amount provided in Schedule
(1), $100,000 shall be made
available to support the operation
of the independent peer review
group established pursuant to
Section 185035 of the Public
Utilities Code.
3. The Department of Finance may
augment the amount appropriated in
Schedule (4) by up to $4,200,000 to
reimburse the Department of
Transportation for the review and
approval of environmental and
engineering documents regarding
circumstances in which the high-
speed train system interfaces with
the state highway system, as well
as specific highway realignment
projects related to the high-speed
train system.
SEC. 17. Item 3480-001-3046 of Section 2.00 of the Budget Act of
2012 is amended to read:
3480-001-3046--For support of Department
of Conservation............................ 34,605,000
Schedule:
(1) 10-Geologic Hazards
and Mineral
Resources
Conservation........ 24,252,000
(2) 20-Oil, Gas, and
Geothermal
Resources........... 36,468,000
(3) 30-Land Resource
Protection.......... 5,620,000
(4) 40.01-
Administration...... 11,677,000
(5) 40.02-Distributed
Administration...... -11,677,000
(6) 60-Office of Mine
Reclamation......... 8,381,000
(7) Reimbursements...... -8,575,000
(7.5) Amount payable from
the General Fund
(Item 3480-001-
0001)............... -3,672,000
(8) Amount payable from
the Surface
Mining and
Reclamation Account
(Item 3480-001-
0035)............... -2,254,000
(9) Amount payable from
the State Highway
Account, State
Transportation Fund
(Item 3480-001-
0042)............... -12,000
(10) Amount payable from
the Soil
Conservation Fund
(Item 3480-001-
0141)............... -1,484,000
(11) Amount payable from
the Hazardous and
Idle-Deserted Well
Abatement Fund
(Section 3206 of
the Public
Resources Code)..... -106,000
(12) Amount payable from
the Mine
Reclamation Account
(Item 3480-001-
0336)............... -4,333,000
(13) Amount payable from
the Strong-Motion
Instrumentation and
Seismic Hazards
Mapping Fund (Item
3480-001-0338)...... -8,801,000
(13.5) Amount payable from
the California
Farmland
Conservancy Program
Fund (Item 3480-001-
0867)............... -134,000
(14) Amount payable from
the Federal Trust
Fund (Item 3480-001-
0890)............... -2,992,000
(15) Amount payable from
the Bosco-Keene
Renewable Resources
Investment Fund
(Item 3480-001-
0940)............... -2,223,000
(16) Amount payable from
the Abandoned Mine
Reclamation and
Minerals Fund
Subaccount, Mine
Reclamation Account
(Item 3480-001-
3025)............... -541,000
(17) Amount payable from
the Acute Orphan
Well Account, Oil,
Gas, and Geothermal
Administrative Fund
(Item 3480-001-
3102)............... -805,000
(17.5) Amount payable from
the Timber
Regulation and
Forest Restoration
Fund (Item 3480-001-
3212).............. -1,219,000
(18) Amount payable from
the Agriculture and
Open Space Mapping
Subaccount (Item
3480-001-6004)...... -404,000
(19) Amount payable from
the California
Clean Water, Clean
Air, Safe
Neighborhood Parks,
and Coastal
Protection Fund
(Item 3480-001-
6029)............... -503,000
(20) Amount payable from
the Water Security,
Clean Drinking
Water, Coastal and
Beach Protection
Fund of 2002 (Item
3480-001-6031)...... -420,000
(21) Amount payable from
the Safe Drinking
Water, Water
Quality and Supply,
Flood Control,
River and Coastal
Protection Fund of
2006 (Item 3480-001-
6051)............... -1,638,000
Provisions:
1. Notwithstanding any other
provision of law, upon approval
and order of the Department of
Finance, the Department of
Conservation may borrow
sufficient funds, from special
funds that otherwise provide
support for the department, to
meet cashflow needs due to
delays in collecting
reimbursements. Any loan made
by the Department of Finance
pursuant to this provision may
be made only if the Department
of Conservation has a valid
contract or certification
signed by the client agency,
which demonstrates that
sufficient funds will be
available to repay the loan.
All moneys so transferred shall
be repaid to the special fund
as soon as possible, but not
later than one year from the
date of the loan.
SEC. 18. Item 3960-001-0014 of Section 2.00 of the Budget Act of
2012 is amended to read:
3960-001-0014--For support of Department
of Toxic Substances Control, payable from
the Hazardous Waste Control Account........ 49,085,000
Schedule:
(1) 12-Site Mitigation
and Brownfields
Reuse............... 87,794,000
(2) 13-Hazardous Waste
Management.......... 62,223,000
(3) 19.01-
Administration...... 32,252,000
(4) 19.02-Distributed
Administration...... -32,252,000
(5) 20-Science,
Pollution
Prevention and
Technology.......... 15,755,000
(6) 21-State Certified
Unified Program..... 2,386,000
(7) Reimbursements...... -11,709,000
(7.5) Amount payable from
the Childhood Lead
Poisoning
Prevention Fund
(Item 3960-001-
0080)............... -45,000
(8) Amount payable from
the General Fund
(Item 3960-001-
0001)............... -21,000,000
(9) Amount payable from
the Unified Program
Account (Item 3960-
001-0028)........... -1,022,000
(10) Amount payable from
the Illegal Drug
Lab Cleanup Account
(Item 3960-001-
0065)............... -887,000
(11) Amount payable from
the California Used
Oil Recycling Fund
(Item 3960-001-
0100)............... -359,000
(11.5) Amount payable from
the Department of
Pesticide
Regulation Fund
(Item 3960-001-
0106)............... -39,000
(11.6) Amount payable from
the Air Pollution
Control Fund
(Item 3960-001-
0115)............... -38,000
(12) Amount payable from
the Toxic
Substances Control
Account (Item 3960-
001-0557)........... -47,147,000
(13) Amount payable from
the Federal Trust
Fund (Item 3960-001-
0890)............... -32,284,000
(14) Amount payable from
the Environmental
Quality Assessment
Fund (Item 3960-001-
3035)............... -287,000
(15) Amount payable from
the Electronic
Waste and Recovery
and Recycling
Account (Item 3960-
001-3065)........... -1,975,000
(16) Amount payable from
the State Certified
Unified Program
Agency Account
(Item 3960-001-
3084)............... -2,236,000
(17) Amount payable from
the Birth Defects
Monitoring Program
Fund (Item 3960-001-
3114)............... -45,000
Provisions:
1. Notwithstanding any other
provision of law, upon approval
and order of the Director of
Finance, the Department of
Toxic Substances Control may
borrow sufficient funds from
special funds that otherwise
provide support for the
department for cashflow
purposes. Any such loans are to
be repaid with interest at the
rate earned by the Pooled Money
Investment Account.
2. Notwithstanding any other
provision of law, upon request
of the Director of Toxic
Substances Control, and
approval by the Department of
Finance, the Controller shall
increase the appropriation in
this item in an amount
necessary to pay the State
Board of Equalization any
additional costs the board may
incur to make refunds required
by Chapter 737 of the Statutes
of 1998, provided that
sufficient funds are available
for such purposes and the board
provides workload information
that justifies the increase.
3. No positions approved under
this item or any other actions
of the Department of Toxic
Substances Control shall be
used to investigate or work on
a sale, lease, or other
transfer of control of land at
Santa Susana Field Laboratory
until the Director of Toxic
Substances Control certifies
that the cleanups specified in
the Administrative Orders on
Consent signed on December 6,
2010, for that portion of Santa
Susana Field Laboratory, have
been completed and the
requirements of Sections
25359.20 and 25359.21 of the
Health and Safety Code are met.
SEC. 19. Item 4260-001-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
4260-001-0001--For support of Department
of Health Care Services.................... 151,427,000
Schedule:
(1) 20-Health Care
Services............. 445,326,000
(2) 30.01-Administration. 25,987,000
(3) 30.02-Distributed
Administration....... -25,987,000
(4) Reimbursements....... -27,575,000
(5) Amount payable from
the Breast Cancer
Control Account
(Item 4260-001-0009). -3,382,000
(6) Amount payable from
the Childhood Lead
Poisoning Prevention
Fund (Item 4260-001-
0080)................ -149,000
(7) Amount payable from
the Unallocated
Account, Cigarette
and Tobacco Products
Surtax Fund (Item
4260-001-0236)....... -641,000
(8) Amount payable from
the Federal Trust
Fund (Item 4260-001-
0890)................ -252,699,000
(9) Amount payable from
the Mental Health
Services Fund (Item
4260-001-3085)....... -9,453,000
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. The Department of Finance may
authorize the transfer of
expenditure authority from Item
4280-001-0001 to consolidate
state administrative functions
for the Healthy Families Program
and to transfer those functions
to the State Department of Health
Care Services. Any transfer shall
be consistent with the transition
plan provided to the Legislature
as required in Provision 4 of
Item 4280-001-0001.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer
approved under this provision not
less than 30 days prior to the
effective date of the approval.
This 30-day notification shall
include (a) a description of the
transfer of the programs,
including the reasons for the
transfer, (b) the number and
classifications of positions
to be transferred, (c) the
assumptions used in calculating
the amount of expenditure
authority transferred, and (d)
any potential fiscal effects on
the program from which resources
are being transferred.
5. 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).
SEC. 20. Item 4260-001-0890 of Section 2.00 of the Budget Act of
2012 is amended to read:
4260-001-0890--For support of Department
of Health Care Services, for payment to
Item 4260-001-0001, payable from the
Federal Trust Fund......................... 252,699,000
Provisions:
1. The Department of Finance may
authorize the transfer of
expenditure authority from
Item 4280-001-0890 to
consolidate state
administrative functions for
the Healthy Families Program
and to transition those
functions to the State
Department of Health Care
Services. Any transfer shall
be consistent with the
transition plan provided to
the Legislature as required in
Provision 4 of Item 4280-001-
0001.
The Director of Finance shall
provide notification in
writing 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. This
notification shall include (a)
a description of the transfer
of the programs, including the
reasons for the transfer, (b)
the number and classifications
of positions to be
transferred, (c) the
assumptions used in
calculating the amount of
expenditure authority
transferred, and (d) any
potential fiscal effects on
the program from which
resources are being
transferred.
SEC. 21. Item 4260-101-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
4260-101-0001--For local assistance,
Department of Health Care Services,
California Medical Assistance Program,
payable from the Health Care Deposit
Fund after transfer from the General
Fund..................................... 14,029,933,000
Schedule:
(1) 20.10.010-
Eligibility (County 3,089,935,00
Administration)..... 0
(2) 20.10.020-Fiscal
Intermediary
Management.......... 304,953,000
(3) 20.10.030-Benefits
(Medical Care and 46,323,880,0
Services)........... 00
(4) Reimbursements...... -1,861,030,0
00
(5) Amount payable from
the Childhood Lead
Poisoning
Prevention Fund
(Item 4260-101-
0080)............... -746,000
(6) Amount payable from
the Hospital
Services Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
4260-101-0232)...... -58,946,000
(7) Amount payable from
the Physician
Services Account,
Cigarette and
Tobacco Products
Surtax Fund (Item
4260-101-0233)...... -105,000
(8) Amount payable from
the Unallocated
Account, Cigarette
and Tobacco
Products Surtax
Fund (Item 4260-101-
0236)............... -24,589,000
(9) Amount payable from
the Federal Trust
Fund (Item 4260-101- -33,728,147,
0890)............... 000
(10) Amount payable from
the Emergency
Medical Air
Transportation Act
Fund (Item 4260-101-
3168)............... -15,272,000
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.
The loans are subject to the
repayment provisions of Section
16351 of the Government Code.
Any additional loan requirement
in excess of $45,000,000 shall
be processed in the manner
prescribed by Section 16351 of
the Government Code.
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 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), (3), and (4) 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. The Department of Finance may
authorize the transfer of
expenditure authority from Item
4280-101-0001 or 4280-102-0001,
or both of those items as it
pertains to the transition of
the Healthy Families Program to
the State Department of Health
Care Services. Any transfer
shall be consistent with a
transition plan, or components
of the transition plan, as
provided to the Legislature as
required in state statute
regarding these program
transfers.
The Director of Finance shall
provide notification in writing
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.
This 30-day notification shall
include (a) a comprehensive
description of the program
transfer, including the number
of children affected and plans
affected, and (b) all
assumptions used in calculating
the amount of expenditure
authority transferred.
13. 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.
14. Of the funds appropriated in
this item, up to $1,206,000
shall be used to support the
system changes necessary to
implement federal health care
reform. The Director of Finance
may approve current year
increases in this item for
additional expenditures
necessary for implementation of
the California Healthcare
Eligibility, Enrollment and
Retention System project. The
Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any increased
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).
SEC. 22. Item 4260-101-0890 of Section 2.00 of the Budget Act of
2012 is amended to read:
4260-101-0890--For local assistance,
Department of Health Care Services, for
payment to Item 4260-101-0001, payable
from the Federal Trust Fund............... 33,728,147,000
Provisions:
1. Any of the provisions in Item
4260-101-0001 that are
relevant to this item also
apply to this item.
2. The Department of Finance may
authorize the transfer of
expenditure authority from
Item 4280-101-0890 or 4280-
102-0890, or both of those
items as it pertains to the
transition of the Healthy
Families Program to the State
Department of Health Care
Services. Any transfer shall
be consistent with a
transition plan, or
components of a transition
plan, as provided to the
Legislature as required in
state statute regarding these
program transfers.
The Director of Finance
shall provide notification in
writing 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. This 30-day
notification shall include
(a) a comprehensive
description of the program
transfer, including the
number of children affected
and plans affected, and (b)
all assumptions used in
calculating the amount of
expenditure authority
transferred.
SEC. 23. Item 4260-111-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
4260-111-0001--For local assistance,
Department of Health Care Services........ 176,224,000
Schedule:
(1) 20.25-Children's
Medical Services.... 380,745,000
(2) 20.35-Primary and
Rural Health........ 1,054,000
(3) 20.45-Other Care
Services............ 111,507,000
(4) Reimbursements...... -55,672,000
(5) Amount payable from
the Breast Cancer
Control Account
(Item 4260-111-
0009)............... -7,912,000
(6) Amount payable from
the Childhood Lead
Poisoning
Prevention Fund
(Item 4260-111-
0080)............... -22,000
(7) Amount payable from
the Unallocated
Account, Cigarette
and Tobacco
Products Surtax
Fund (Item 4260-111-
0236)............... -22,081,000
(8) Amount payable from
the Federal Trust
Fund (Item 4260-111-
0890)............... -231,395,000
Provisions:
1. Program 20.25-Children's Medical
Services: Counties may retain 50
percent of total enrollment and
assessment fees that are
collected by the counties for
the California Children's
Services Program. Fifty percent
of the enrollment and assessment
fee for each county shall be
offset from the state's match
for that county.
2. Notwithstanding any other
provision of law, the Department
of Finance may authorize
transfer of expenditure
authority between this item and
Items 4260-101-0001, 4260-102-
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 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 reduced.
3. The State Department of Health
Care Services shall convene a
diverse workgroup, that, at a
minimum, represents families
enrolled in the California
Children's Services (CCS)
Program, counties, specialty
care providers, children's
hospitals, and medical suppliers
to discuss the administrative
structure of the CCS Program,
including eligibility
determination processes, the
use and content of needs
assessment tools in case
management, and the processes
used for treatment
authorizations. The purpose of
this workgroup will be to
identify methods for
streamlining, identifying
administrative cost
efficiencies, and developing
better utilization of both state
and county staff, as applicable,
in meeting the needs of children
and families accessing the CCS
Program. The department may
provide the appropriate policy
and fiscal committees of the
Legislature with periodic
updates of outcomes as
appropriate.
SEC. 24. Item 4260-111-0890 of Section 2.00 of the Budget Act of
2012 is amended to read:
4260-111-0890--For local assistance,
Department of Health Care Services, for
payment to Item 4260-111-0001, payable
from the Federal Trust Fund................ 231,395,000
Provisions:
1. Any of the provisions in Item
4260-111-0001 that are
relevant to this item also
apply to this item.
SEC. 25. Item 4260-113-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
4260-113-0001--For local assistance,
Department of Health Care Services, for
the Healthy Families Program (Medi-Cal)... 230,012,000
Schedule:
(1) 20.10.010-
Eligibility (County
Administration)..... 52,811,000
(2) 20.10.020-Fiscal
Intermediary
Management.......... 1,028,000
(3) 20.10.030-Benefits
(Medical Care and
Services)........... 659,792,000
(4) Amount payable from
the Federal Trust
Fund (Item 4260-113-
0890)............... -483,619,000
Provisions:
1. Notwithstanding any other
provision of law, the Department
of Finance may authorize
transfer of expenditure
authority between Schedules (1),
(2), and (3) of this item and
between this item and Items 4260-
101-0001, 4260-102-0001, 4260-
111-0001, 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 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 of
expenditure authority, the
fiscal assumptions used in
calculating the amount of
expenditure authority
transferred, and any potential
effects on the program from
which funds are being
transferred or reduced.
2. The Department of Finance may
authorize the transfer of
expenditure authority from Item
4280-101-0001 or 4280-102-0001,
or both of those items, as it
pertains to the transition of
the Healthy Families Program to
the State Department of Health
Care Services. Any transfer
shall be consistent with a
transition plan, or components
of a transition plan, as
provided to the Legislature as
required in state statute
regarding these program
transfers.
The Director of Finance shall
provide notification in writing
to the Joint Legislative Budget
Committee of any transfer
approved under this provision
not less than 30 days prior to
the effective date of the
transfer. This 30-day
notification shall include (a) a
comprehensive description of the
program transfer, including the
number of children affected and
plans affected, and (b) all
assumptions used in calculating
the amount of expenditure
authority transferred.
SEC. 26. Item 4260-113-0890 of Section 2.00 of the Budget Act of
2012 is amended to read:
4260-113-0890--For local assistance,
Department of Health Care Services, for
payment to Item 4260-113-0001, payable
from the Federal Trust Fund................ 483,619,000
Provisions:
1. Any of the provisions in Item
4260-113-0001 that are
relevant to this item also
apply to this item.
2. The Department of Finance may
authorize the transfer of
expenditure authority from
Item 4280-101-0890 or 4280-102-
0890, or both of those items,
as it pertains to the
transition of the Healthy
Families Program to the State
Department of Health Care
Services. Any transfer shall
be consistent with a
transition plan, or components
of a transition plan, as
provided to the Legislature as
required in state statute
regarding these program
transfers.
The Director of Finance shall
provide notification in
writing to the Joint
Legislative Budget Committee
of any transfer approved under
this provision not less than
30 days prior to the effective
date of the approval. This 30-
day notification shall
include (a) a comprehensive
description of the program
transfer, including the number
of children affected and plans
affected, and (b) all
assumptions used in
calculating the amount of
expenditure authority
transferred.
SEC. 27. Item 4265-001-3085 of Section 2.00 of the Budget Act of
2012 is amended to read:
4265-001-3085--For support of Department of
Public Health, for payment to Item 4265-001-
0001, payable from the Mental Health 17,349,00
Services Fund................................ 0
Provisions:
1. It is the intent of the
Legislature that a total of
$60,000,000 for the California
Reducing Disparities Project,
which seeks to improve timely
access to mental health
services for unserved and
underserved populations in
California by bringing forward
community-defined solutions and
recommendations developed by
diverse workgroups comprised of
community representatives,
shall be available over the
course of four fiscal years
beginning with the 2012-2013
fiscal year. Contracts with
entities representing focused
populations to develop
strategic planning workgroups
are presently in effect to
identify population-focused,
culturally competent
recommendations for reducing
disparities in mental health
services and to improve
outcomes by identifying
community-defined, strength-
based solutions and strategies
to eliminate barriers in the
mental health service system.
Results from these strategic
planning workgroups are to be
used to effectuate changes in
the mental health system to
reduce and mitigate
multiethnic, sexual
orientation, and cultural
disparities.
2. Of the amount appropriated in
this item, $15,000,000 is
to fund the California Reducing
Disparities Project beginning
in the 2012-13 fiscal year, and
shall be available without
regard to fiscal years.
SEC. 28. Item 4280-001-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
4280-001-0001--For support of Managed Risk
Medical Insurance Board...................... 2,353,000
Schedule:
(1) 10-Major Risk Medical
Insurance Program..... 1,308,000
(2) 20-Access for Infants
and Mothers Program... 1,040,000
(3) 40-Healthy Families
Program............... 9,383,000
(4) 50-County Health
Initiative Matching
Fund Program.......... 486,000
(5) Reimbursements........ -494,000
(6) Amount payable from
Unallocated Account,
Cigarette and Tobacco
Products Surtax Fund
(Item 4280-001-0236).. -35,000
(7) Amount payable from
Perinatal Insurance
Fund (Item 4280-001-
0309)................. -376,000
(8) Amount payable from
Major Risk Medical
Insurance Fund (Item
4280-001-0313)........ -1,308,000
(9) Amount payable from
Federal Trust Fund
(Item 4280-001-0890).. -7,165,000
(11) Amount payable from
Federal Trust Fund
(Item 4280-003-0890).. -315,000
(12) Amount payable from
the County Health
Initiative Matching
Fund (Item 4280-003-
3055)................. -171,000
Provisions:
1. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4280-103-0890 or 4280-103-
3055 in order to effectively
administer the County Health
Initiative Matching Fund program.
2. To provide for the effective use
of federal State Children's Health
Insurance Program funds in the
County Health Initiative Matching
Fund program and
notwithstanding Section 28.00,
this item may be reduced or
increased by the Department of
Finance not 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
such lesser time after that
notification as the chairperson of
the joint committee, or his or her
designee, may in each instance
determine. This provision shall
not apply to any General Fund
increases or reductions.
3. Augmentations to reimbursements in
this item are exempt from Section
28.50.
(a) The Managed Risk
Medical Insurance Board
shall provide written
notification within 30
days to the Joint
Legislative Budget
Committee describing the
nature and planned
expenditure of these
augmentations when the
amount received exceeds
$200,000.
(b) Federal funds may be
increased to allow for the
matching of the
augmentations of
reimbursements and the
Department of Finance may
authorize the
establishment of positions
if costs are fully offset
by the augmentations to
reimbursements.
4. A transition plan for the transfer
of state administrative functions
for the operation of the Healthy
Families Program and any other
applicable functions related
to Medicaid requirements to the
State Department of Health Care
Services shall be provided to all
fiscal and applicable policy
committees of the Legislature as
soon as feasible, but no later
than January 10, 2013.
5. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-001-0001 and
position authority from the
Managed Risk Medical Insurance
Board to the State Department of
Health Care Services to
consolidate state administrative
functions for the Healthy Families
Program and to transition those
functions to the State Department
of Health Care Services. Any
transfer shall be consistent with
the transition plan provided to
the Legislature as required in
Provision 4.
The Director of Finance shall
provide notification in writing 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. This 30-day
notification shall include (a) a
description of the transfer of the
programs, including the reasons
for the transfer, (b) the number
and classifications of positions
to be transferred, (c) the
assumptions used in calculating
the amount of expenditure
authority and position authority
transferred, and (d) any potential
fiscal or programmatic effects of
the transfer of expenditure and
position authority.
SEC. 29. Item 4280-001-0890 of Section 2.00 of the Budget Act of
2012 is amended to read:
4280-001-0890--For support of Managed Risk
Medical Insurance Board, for payment to
Item 4280-001-0001, payable from the
Federal Trust Fund, for Healthy Families
Program..................................... 7,165,000
Provisions:
1. Provision 3(b) of Item 4280-001-
0001 also applies to this item.
2. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-001-0890 and
position authority from the Managed
Risk Medical Insurance Board to the
State Department of Health Care
Services to consolidate state
administrative functions for the
operation of the Healthy Families
Program and to transition those
functions to the State Department
of Health Care Services. Any
transfer shall be consistent with
the transition plan provided to the
Legislature required in Provision 4
of Item 4280-001-0001.
The Director of Finance shall
provide notification in writing 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. This notification
shall include (a) a description of
the transfer of the programs,
including the reasons for the
transfer, (b) the number and
classifications of positions to be
transferred, (c) the assumptions
used in calculating the amount of
expenditure and position authority
transferred, and (d) any potential
fiscal or programmatic effects of
the transfer of expenditure and
position authority.
SEC. 30. Item 4280-101-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
4280-101-0001--For local assistance,
Managed Risk Medical Insurance Board, for
the Healthy Families Program.............. 159,603,000
Schedule:
(1) 20-Access for
Infants and
Mothers Program..... 71,883,000
(2) 40-Healthy Families
Program............. 793,905,000
(3) Amount payable from
the Federal Trust
Fund (Item 4280-101-
0890)............... -697,859,000
(4) Amount payable from
the Children's
Health and Human
Services Special
Fund (Item 4280-101-
3156)............... -8,326,000
Provisions:
1. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4280-102-0001 in order
to effectively administer the
Healthy Families Program.
2. The Managed Risk Medical
Insurance Board shall use all
available, designated funds for
the Healthy Families Program
from the Children's Health and
Human Services Special Fund
before General Fund moneys are
used.
3. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-101-0001 or
4260-113-0001, or both of those
items, and position authority
from the Managed Risk Medical
Insurance Board to the State
Department of Health Care
Services, as it pertains to the
transition of the Healthy
Families Program to the State
Department of Health Care
Services. Any transfer shall be
consistent with the transition
plan, or components of a
transition plan, as provided to
the Legislature as required in
state statute regarding these
program transfers.
The Director of Finance shall
provide notification in writing
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.
This notification shall include
(a) a comprehensive description
of the program transfer,
including the number of children
affected and plans affected, and
(b) all assumptions used in
calculating the amount of
expenditure and position
authority transferred.
SEC. 31. Item 4280-101-0890 of Section 2.00 of the Budget Act of
2012 is amended to read:
4280-101-0890--For local assistance,
Managed Risk Medical Insurance Board, for
payment to Item 4280-101-0001, payable
from the Federal Trust Fund, for the
Healthy Families Program................... 697,859,000
Provisions:
1. Upon order of the Department
of Finance, the Controller
shall transfer such funds as
are necessary between this
item and Item 4280-102-0890 in
order to effectively
administer the Healthy
Families Program.
2. The Department of Finance may
authorize the transfer of
expenditure authority from
this item to Item 4260-101-
0890 or 4260-113-0890, or to
both of those items, and
position authority from the
Managed Risk Medical Insurance
Board to the State Department
of Health Care Services, as it
pertains to the transition of
the Healthy Families Program
to the State Department of
Health Care Services. Any
transfer shall be consistent
with the transition plan, or
components of the transition
plan, as provided to the
Legislature as required in
state statute regarding these
program transfers.
The Director of Finance shall
provide notification in
writing 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. This
notification shall include (a)
a comprehensive description of
the program transfer,
including the number of
children affected and plans
affected, and (b) all
assumptions used in
calculating the amount of
expenditure and position
authority transferred.
SEC. 32. Item 4280-101-3156 of Section 2.00 of the Budget Act of
2012 is amended to read:
4280-101-3156--For local assistance,
Managed Risk Medical Insurance Board, for
payment to Item 4280-101-0001, payable from
the Children's Health and Human Services
Special Fund, for the Healthy Families
Program..................................... 8,326,000
Provisions:
1. Funds appropriated in this item are
in lieu of the amounts that
otherwise would have been
appropriated for administration
pursuant to Section 12201 of the
Revenue and Taxation Code.
2. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4280-102-3156 in order to
effectively administer the Healthy
Families Program.
3. Provision 2 of Item 4280-101-0001
also applies to this item.
4. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-101-0001,
4260-101-3156, or 4260-113-0001, or
any combination of those items, and
position authority from the Managed
Risk Medical Insurance Board to the
State Department of Health Care
Services, as it pertains to the
transition of the Healthy Families
Program to the State Department of
Health Care Services. Any transfer
shall be consistent with the
transition plan, or components of a
transition plan, as provided to the
Legislature as required in state
statute regarding these program
transfers.
The Director of Finance shall
provide notification in writing 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. This notification
shall include (a) a comprehensive
description of the program
transfer, including the number
of children affected and plans
affected, and (b) all assumptions
used in calculating the amount of
expenditure and position authority
transferred.
SEC. 33. Item 4280-102-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
4280-102-0001--For local assistance, Managed
Risk Medical Insurance Board, for Healthy
Families Program administrative contracts..... 3,564,000
Schedule:
(1) 40-Healthy Families
Program................ 47,639,000
(2) Reimbursements......... -8,094,000
(3) Amount payable from
the Federal Trust Fund
(Item 4280-102-0890)... -35,585,000
(4) Amount payable from
the Children's Health
and Human Services
Special Fund (Item
4280-102-3156)......... -396,000
Provisions:
1. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4280-101-0001 in order to
effectively administer the Healthy
Families Program.
2. Provision 2 of Item 4280-101-0001
also applies to this item.
3. The Department of Finance may
authorize the transfer of
expenditure authority from this
item to Item 4260-101-0001 or 4260-
113-0001, or both of those items,
and position authority from the
Managed Risk Medical Insurance
Board to the State Department of
Health Care Services, as it
pertains to the transition of the
Healthy Families Program to the
State Department of Health Care
Services. Any transfer shall be
consistent with the transition
plan, or components of a transition
plan, as provided to the
Legislature as required in state
statute regarding these program
transfers.
The Director of Finance shall
provide notification in writing 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. This notification
shall include (a) a comprehensive
description of the program
transfer, including the number of
children affected and plans
affected, and (b) all assumptions
used in calculating the amount of
expenditure and position authority
transferred.
SEC. 34. Item 4280-102-0890 of Section 2.00 of the Budget Act of
2012 is amended to read:
4280-102-0890--For local assistance,
Managed Risk Medical Insurance Board, for
payment to Item 4280-102-0001, payable
from the Federal Trust Fund, for Healthy
Families Program administrative contracts.. 35,585,000
Provisions:
1. Upon order of the Department
of Finance, the Controller
shall transfer such funds as
are necessary between this
item and Item 4280-101-0890 in
order to effectively
administer the Healthy
Families Program.
2. The Department of Finance may
authorize the transfer of
expenditure authority from
this item to Item 4260-101-
0890 or 4260-113-0890, or both
of those items, and position
authority from the Managed
Risk Medical Insurance Board
to the State Department of
Health Care Services, as it
pertains to the transition of
the Healthy Families Program
to the State Department of
Health Care Services. Any
transfer shall be consistent
with the transition plan, or
components of a transition
plan, as provided to the
Legislature as required in
state statute regarding these
program transfers.
The Director of Finance shall
provide notification in
writing 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. This
notification shall include (a)
a comprehensive description of
the program transfer,
including the number of
children affected and plans
affected, and (b) all
assumptions used in
calculating the amount of
expenditure and position
authority transferred.
SEC. 35. Item 4280-102-3156 of Section 2.00 of the Budget Act of
2012 is amended to read:
4280-102-3156--For local assistance,
Managed Risk Medical Insurance Board, for
payment to Item 4280-102-0001, payable from
the Children's Health and Human Services
Special Fund, for Healthy Families Program
administrative contracts.................... 396,000
Provisions:
1. Funds appropriated in this item are
in lieu of the amounts that
otherwise would have been
appropriated for administration
pursuant to Section 12201 of the
Revenue and Taxation Code.
2. Upon order of the Department of
Finance, the Controller shall
transfer such funds as are
necessary between this item and
Item 4280-101-3156 in order to
effectively administer the Healthy
Families Program.
3. Provision 2 of Item 4280-101-0001
also applies to this item.
SEC. 36. Item 5180-101-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
5180-101-0001--For local assistance,
Department of Social Services............ 1,648,532,000
Schedule:
(1) 16.30-CalWORKs...... 4,731,070,00
0
(2) 16.65-Other
Assistance Payments. 819,249,000
(3) Reimbursements...... -759,000
(4) Amount payable from
the Emergency
Food Assistance
Program Fund (Item
5180-101-0122)...... -640,000
(5) Amount payable from
the Federal Trust
Fund (Item 5180-101- -3,890,542,0
0890)............... 00
(6) Amount payable from
the Child Support
Collections
Recovery Fund (Item
5180-101-8004)...... -9,846,000
Provisions:
1. (a) No funds appropriated in
this item shall 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 federal share of costs of a
program or programs when the
federal funds have not been
received by this state prior to
the usual time for transmitting
that federal share to the
counties of this state. This
loan from the General Fund shall
be repaid when the federal share
of costs 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 2012-13 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) may 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.
SEC. 37. Item 5180-101-0890 of Section 2.00 of the Budget Act of
2012 is amended to read:
5180-101-0890--For local assistance,
Department of Social Services, for
payment to Item 5180-101-0001, payable
from the Federal Trust Fund............... 3,890,542,000
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 16.30--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. 38. Item 5180-111-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
5180-111-0001--For local assistance,
Department of Social Services............ 4,443,230,000
Schedule:
(1) 16.70-SSI/SSP....... 2,770,100,00
0
(2) 25.15-IHSS.......... 6,239,606,00
0
(3) Reimbursements...... -4,566,476,0
00
Provisions:
1. Provisions 1 and 4 of Item 5180-
101-0001 also apply to this item.
2. Notwithstanding Chapter 1
(commencing with Section 18000)
of Part 6 of Division 9 of the
Welfare and Institutions Code, a
loan not to exceed $364,000,000
shall be made available from the
General Fund from funds not
otherwise appropriated, to cover
the federal share or
reimbursable share, or both, of
costs of a program or programs
when the federal funds or
reimbursements (from the Health
Care Deposit Fund or counties)
have not been received by this
state prior to the usual time
for transmitting payments for
the federal or reimbursable
share of costs for this state.
That loan from the General Fund
shall be repaid when the federal
share of costs for the program
or programs becomes
available, or in the case of
reimbursements, subject to
Section 16351 of the Government
Code. County reimbursements also
shall be subject to Section
16314 of the Government Code,
which specifies the rate of
interest. The State Department
of Social Services may offset a
county's share of cost of the In-
Home Supportive Services (IHSS)
program against local assistance
payments made to the county if
the county fails to reimburse
its share of cost of the IHSS
program to the state.
3. The State Department of Social
Services shall provide technical
assistance to counties to ensure
that they maximize the receipt
of federal funds for the IHSS
program, without compromising
the quality of the services
provided to IHSS recipients.
4. The Director of Finance may
authorize the transfer of
amounts from this item to Item
5180-001-0001 in order to fund
increased costs due to workload
associated with the retroactive
reimbursement of Medi-Cal
services for the IHSS program to
comply with Conlan v. Shewry
(2005) 131 Cal.App.4th 1354. The
Department of Finance shall
report to the Legislature the
amount to be transferred
pursuant to this provision and
the number of positions to be
established by the State
Department of Social Services.
The transfer shall be authorized
at the time the report is made.
The State Department of Social
Services shall review the
workload associated with the
Conlan v. Shewry decision during
the 2012-13 fiscal year and may
administratively establish
positions as the workload
requires.
5. The Director of Finance may
authorize the transfer of
amounts from this item to Item
5180-001-0001 in order to fund
the cost of the administrative
hearing process associated with
changes in aid or service
payments in the IHSS program.
The Department of Finance shall
report to the Legislature the
amount to be transferred
pursuant to this provision. The
transfer shall be authorized at
the time the report is made.
SEC. 39. Item 5180-141-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
5180-141-0001--For local assistance,
Department of Social Services............. 717,265,000
Schedule:
(1) 16.75-County
Administration and
Automation Projects. 1,833,498,000
(2) Reimbursements...... -47,333,000
(3) Amount payable from
the Federal Trust
Fund (Item 5180-141- -1,068,900,00
0890)............... 0
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 $127,000,000
shall be made available from the
General Fund, from funds not
otherwise appropriated, to cover
the federal share of costs of a
program when the federal funds
have not been received by this
state prior to the usual time for
transmitting that federal share
to the counties of this state.
This loan from the General Fund
shall be repaid when the federal
share of costs 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) may 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 up
to $18,000,000 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. 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.
SEC. 40. Item 5180-141-0890 of Section 2.00 of the Budget Act of
2012 is amended to read:
5180-141-0890--For local assistance,
Department of Social Services, for
payment to Item 5180-141-0001, payable
from the Federal Trust Fund............... 1,068,900,000
Provisions:
1. Provisions 2, 3, 4, and 6 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. 41. Item 5225-001-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
5225-001-0001--For support of Department
of Corrections and Rehabilitation......... 5,711,687,000
Schedule:
(1) 10-Corrections and
Rehabilitation
Administration...... 408,084,000
(2) 12-Department of
Justice Legal
Services............ 39,299,000
(3) 20-Juvenile
Operations and
Juvenile Offender
Programs............ 131,710,000
(4) 21-Juvenile
Academic and
Vocational
Education........... 9,898,000
(6) 23-Juvenile Health
Care................ 22,495,000
(7) 25-Adult
Corrections and
Rehabilitation
Operations--General 2,986,843,00
Security............ 0
(8) 26-Adult
Corrections and
Rehabilitation
Operations-
-Security Overtime.. 206,050,000
(9) 27-Adult
Corrections and
Rehabilitation
Operations--Inmate 1,020,278,00
Support............. 0
(10) 28-Adult
Corrections and
Rehabilitation
Operations-
-Contracted
Facilities.......... 43,836,000
(11) 29-Adult
Corrections and
Rehabilitation
Operations-
-Institution
Administration...... 361,824,000
(12) 30-Parole
Operations--Adult
Supervision......... 306,451,000
(13) 31-Parole
Operations--Adult
Community Based
Programs............ 105,453,000
(14) 32-Parole
Operations--Adult
Administration...... 68,272,000
(15) 35-Board of Parole
Hearings--Adult
Hearings............ 69,053,000
(16) 36-Board of Parole
Hearings-
-Administration..... 2,856,000
(19) 47-Adult Education,
Vocation and
Offender Programs-
-Adult Inmate
Activities.......... 65,464,000
(20) 48-Adult Education,
Vocation and
Offender Programs-
-Adult
Administration...... 9,006,000
(21) Reimbursements...... -77,535,000
(22) Amount payable from
the Federal Trust
Fund (Item 5225-001-
0890)............... -2,347,000
(23) Amount payable from
the Inmate Welfare
Fund of the
Department of
Corrections (Item
5225-001-0917)...... -65,303,000
Provisions:
1. Any funds recovered as a result
of audits of locally operated
return-to-custody centers shall
revert to the General Fund.
2. When contracting with counties
for vacant jail beds for any
inmate under the jurisdiction of
the Secretary of the Department
of Corrections and
Rehabilitation, the department
shall not reimburse counties
more than the average amount it
costs the state to provide the
same services in comparable
state institutions. This
restriction shall not apply to
any existing contract, but shall
apply to the extension or
renewal of that contract. In
addition, the total operational
cost of incarcerating state
inmates in leased county jail
beds (which includes state
costs, but is exclusive of one-
time and capital outlay
costs) shall not exceed the
department's average cost for
operating comparable
institutions.
3. Not later than 60 days following
enactment of this act, and
subsequently on February 10 and
upon release of the May
Revision, the Secretary of the
Department of Corrections and
Rehabilitation shall submit to
the Director of Finance the Post
Assignment Schedule for each
adult institution, reconciled to
budgeted authority and
consistent with approved
programs, along with allotments
consistent with the reconciled
Post Assignment Schedule for
each adult institution. The
report shall include the dates
for which each allotment was
submitted to the institutions
and the date each institution
acknowledged receiving its
allotments.
6. Not later than January 10, 2013,
and upon release of the May
Revision, the Secretary of the
Department of Corrections and
Rehabilitation shall submit to
the Director of Finance a report
detailing the number of
positions being reduced within
the department as a result of AB
109 implementation. The report
shall include, but not be
limited to, the number of
correctional officers in
overtime avoidance pool
positions and permanent
intermittent positions by month,
the attrition of custody staff
by month, overtime and temporary
help expenditure usage by
institution by month compared to
prior year expenditures, the
number of staff who voluntarily
moved during each layoff wave,
and the number of employees
ultimately laid off during each
wave.
7. Notwithstanding any other
provision of law, of the
amount in Schedule (11),
$2,834,000 is available for
expenditure on capital
improvement projects at the
Folsom Transitional Treatment
Facility.
SEC. 42. Item 5225-002-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
5225-002-0001--For support of Department
of Corrections and Rehabilitation........ 2,112,613,000
Schedule:
(1) 10-Corrections and
Rehabilitation
Administration...... 0
(2) 50.10-Medical 1,445,381,00
Services--Adult..... 0
(3) 50.20-Dental
Services--Adult..... 139,338,000
(4) 50.30-Mental Health
Services--Adult..... 307,520,000
(5) 50.40-Ancillary
Health Care
Services--Adult..... 187,145,000
(6) 50.50-Dental and
Mental Health
Services
Administration-
-Adult.............. 35,500,000
(7) Reimbursements...... -2,271,000
Provisions:
1. On February 14, 2006, the United
States District Court in the
case of Plata v. Brown (No. C01-
1351-TEH) suspended the exercise
by the Secretary of the
Department of Corrections and
Rehabilitation of all powers
related to the administration,
control, management, operation,
and financing of the California
prison medical health care
system. The court ordered that
all such powers vested in the
Secretary of the Department of
Corrections and Rehabilitation
were to be performed by a
Receiver appointed by the court
commencing April 17, 2006, until
further order of the court. The
Director of the Division of
Correctional Health Care
Services of the Department of
Corrections and Rehabilitation
is to administer this item to
the extent directed by the
Receiver.
2. Notwithstanding any other
provision of law, the Department
of Corrections and
Rehabilitation is not required
to competitively bid for health
services contracts in cases
where contracting experience or
history indicates that only one
qualified bid will be received.
3. Notwithstanding Section 13324 of
the Government Code or Section
32.00 of this act, no state
employee shall be held
personally liable for any
expenditure or the creation of
any indebtedness in excess of
the amounts appropriated
therefor as a result of
complying with the directions of
the Receiver or orders of the
United States District Court in
Plata v. Brown.
4. The amounts appropriated in
Schedules (2) and (5) are
available for expenditure by the
Receiver appointed by the Plata
v. Brown court to carry out its
mission to deliver
constitutionally adequate
medical care to inmates.
5. The amounts appropriated in
Schedules (3), (4), and (6) are
available for expenditure by the
Department of Corrections and
Rehabilitation to provide mental
health and dental services only.
6. Notwithstanding any other
provision of law, the Receiver,
on behalf of the Department of
Corrections and Rehabilitation,
shall process and pay for all
medical claims for medical
parolees pursuant to Section
3550 of the Penal Code from
funds available in Schedule (2).
7. Not later than 30 days following
approval by the Department of
Finance of the Receiver's acuity-
based methodology for allocating
prison medical staff, the
Receiver shall submit to the
chairpersons and vice
chairpersons of the committees
in both houses of the
Legislature that consider the
State Budget, the Director of
Finance, and the Legislative
Analyst's Office a report on the
methodology. Specifically, the
report shall include: (a) data
on the overall number of staff
allocated to each of the state's
prisons both prior to and
following the implementation of
the revised methodology, by
classification, (b) a detailed
description of the methodology
used to develop the revised
staffing packages, and (c) the
estimated savings or costs
resulting from the revised
methodology in the budget year
and ongoing, by institution.
8. On or before March 1, 2013,
California Correctional Health
Care Services shall prepare a
report to the Legislature on the
costs, benefits, and feasibility
of charging a copayment for all
new inmate pharmaceutical
prescriptions originating within
the state prison system.
SEC. 43. Item 6110-001-0890 of Section 2.00 of the Budget Act of
2012 is amended to read:
6110-001-0890--For support of Department of
Education, for payment to Item 6110-001-
0001, payable from the Federal Trust Fund... 162,299,000
Provisions:
1. The funds appropriated in this
item include federal Carl D.
Perkins Vocational and Technical
Education Act of 2006 (P.L. 109-
270) funds for the current fiscal
year to be transferred to
community colleges by means of
interagency agreements. These
funds shall be used by community
colleges for the administration
of career technical education
programs.
2. Of the funds appropriated in this
item, $96,000 is available to the
Advisory Commission on Special
Education for the in-state travel
expenses of the commissioners and
the secretary to the commission.
3. Of the funds appropriated in this
item, $426,000 is available for
programs for homeless youth and
adults pursuant to the federal
McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec.
11431 et seq.). The State
Department of Education shall
consult with the Department of
Community Services and
Development, the State Department
of State Hospitals, the
Department of Housing and
Community Development, and the
Commission for Economic
Development in operating this
program.
4. Of the funds appropriated in this
item, $318,000 shall be used to
provide training in culturally
nonbiased assessment and
specialized language skills to
special education teachers.
5. (a) Of the funds appropriated
in this item, $11,765,000
is from the Child Care and
Development Block Grant
Fund and is available for
support of child care
services. Of the federal
funds in this item,
$1,533,000 is for 13.0
positions to address
compliance monitoring and
overpayments, which may
contribute to early
detection of fraud. All
federally subsidized child
care agencies shall be
audited pursuant to
federal regulations per
Part 98 of Title 45 of the
Code of Federal
Regulations. The State
Department of Education
(SDE) shall provide
information to the
Legislature and Department
of Finance each year that
quantifies by program
provider-by-provider level
data, including instances
and amounts of
overpayments and fraud, as
documented by the SDE's
compliance monitoring
efforts for the prior
fiscal year. Additionally,
the SDE shall provide a
copy of any federal
reports submitted
regarding improper
payments and fraud to the
Legislature and the
Department of Finance.
(b) As a condition of
receiving the resources
specified in subdivision
(a), every alternative
payment agency and
subsidized general child
care agency shall be
audited each year using
sufficient sampling of
provider records of the
following: (1) family fee
determinations, (2) income
eligibility, (3) rate
limits, and (4) basis for
hours of care, to
determine compliance
rates, any instances of
misallocation of
resources, and the amount
of funds expected to be
recovered from instances
of both potential fraud
and overpayment when no
intent to defraud is
suspected. This
information shall be
contained in a separate
report for each provider,
with a single statewide
summary report annually
submitted to the Governor
and the Legislature no
later than April 15.
6. Of the funds appropriated in this
item, $9,206,000 is for dispute
resolution services, including
mediation and fair hearing
services, provided through
contract for the special
education programs. The State
Department of Education shall
ensure the quarterly reports that
the contractor submits on the
results of its dispute resolution
services include the same
information as required by
Provision 9 of Item 6110-001-0890
of the Budget Act of 2006 (Chs.
47 and 48, Stats. 2006) and
Section 56504.5 of the Education
Code and reflect year-to-date
data and final yearend data.
7. Of the funds appropriated in this
item, $125,000 shall be allocated
for increased travel costs
associated with program reviews
conducted by the Special
Education Division Focused
Monitoring and Technical
Assistance units. Expenditure of
these funds is subject to
Department of Finance approval of
an expenditure plan. The
expenditure plan shall include
the proposed travel costs
associated with focused
monitoring and technical
assistance provided by the State
Department of Education. It shall
also include the estimated type
and number of reviews to be
conducted and shall provide an
estimated average cost per type
of review. Annual renewal of this
funding is subject to Department
of Finance approval of an annual
focused monitoring final
expenditure report. The report
shall be submitted on or before
September 30 of each year. It
shall provide the total number of
reviews conducted each fiscal
year, the amount of staff and
personnel days and hours
associated with each category of
review, the travel costs
associated with the type and
number of reviews conducted, and
an average cost per type of
review.
8. Of the funds appropriated in this
item, $443,000 is for 3.0
positions within the State
Department of Education for
increased monitoring associated
with 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
Improvement Act of 2004 (20
U.S.C. Sec. 1400 et seq.).
9. Of the funds appropriated in this
item, $710,000 is available to
provide ongoing support for the
Child Nutrition Information and
Payment System.
10. Of the funds appropriated in this
item, $2,506,000 shall be used
for the administration of the
21st Century Community Learning
Centers Program.
11. Of the funds appropriated in this
item, $195,000 in federal Carl D.
Perkins Vocational and Technical
Education Act of 2006 (P.L. 109-
270) funding and 2.0 positions
shall be available to support the
California Career Resource
Network program.
12. Of the amount appropriated in
this item, $100,000 is available
for the California Career
Resource Network program to
develop career resource materials
and information.
13. Of the funds appropriated in this
item, $378,000 and 4.0 positions
are provided to support workload
for the federal School
Improvement Grant (SIG)
Program.
14. Of the funds appropriated in this
item, $308,000 is available from
Title II funds for an interagency
agreement with the Commission on
Teacher Credentialing to support
teacher misassignment monitoring
activities.
15. Of the funds appropriated in this
item, $109,000 is provided in
federal Title III funds for 1.0
position to support the English
language learner component of the
Mathematics and Reading
Professional Development Program.
16. Of the funds appropriated in this
item, $945,000 is available
from federal Title II funds for
the Compliance, Monitoring,
Interventions, and Sanctions
(CMIS) Program. This program is
designed to help school districts
meet the highly qualified teacher
requirements specified in the
federal No Child Left Behind Act
of 2001 (P.L. 107-110). By April
1 of each year, the State
Department of Education shall
submit a report on the CMIS
Program to the appropriate budget
and policy committees of the
Legislature, the Legislative
Analyst's Office, and the
Department of Finance. The report
shall identify (a) the number of
school districts that received
CMIS support in the prior fiscal
year and (b) the major components
of the plans that those districts
developed to respond to the
federal highly qualified teacher
requirements. For each
participating district, the
report shall provide longitudinal
data on the number and percent of
teachers who are and are not
highly qualified. At a minimum,
the annual report shall include
finalized data for the prior
fiscal year and initial data
for the current fiscal year. The
report shall provide data
separately for high- and low-
poverty schools. For comparison,
the report shall provide the same
longitudinal data for the
statewide average of all school
districts as well as the average
for school districts not
receiving CMIS support.
17. Of the funds appropriated in this
item, $96,000 is available from
federal Title I funds on a one-
time basis for 1.0 position until
June 30, 2013, to review student
academic growth models for up to
ten dropout recovery high schools
pursuant to Chapter 669 of the
Statutes of 2011.
18. Of the funds appropriated in this
item, $674,000 is available for
Child Nutrition Program
compliance and monitoring
activities.
19. Of the funds appropriated in this
item, $150,000 is available for
the California Teleaudiology
Project.
20. Of the funds appropriated in this
item, $2,000,000 is provided to
support the Safe and Supportive
Schools Grant.
21. Of the funds appropriated in this
item, up to $108,000 is for the
administration of the Commodity
Supplemental Food Program,
contingent on approval from the
United States Department of
Agriculture.
22. Of the funds appropriated in this
item, $1,235,000 is provided for
the following special child
nutrition grants, contingent on
receipt of grant awards from the
United States Department of
Agriculture: $535,000 for the
Administrative Reviews and
Training (ART) grant, $300,000
for the Team Nutrition grant,
$250,000 for the Direct
Certification grant, and $150,000
for the Fresh Fruit and Vegetable
grant.
23. Of the funds appropriated in this
item, $200,000 is available to
fund 2.0 existing positions on a
limited-term basis until June 30,
2013, and other costs to support
increased technical assistance
activities associated with new
federal child nutrition
requirements under the federal
Healthy, Hunger-Free Kids Act of
2010 (P.L. 11-296).
24. Of the funds appropriated in this
item, $1,000,000 is provided in
the 2012-13 fiscal year for
technical assistance to child
nutrition sponsors regarding new
nutritional requirements, and in
the 2013-14 fiscal year for
increased costs associated with
new federal requirements to
increase the frequency of
compliance reviews for child
nutrition programs. To the extent
that additional staff resources
are needed, positions shall be
redirected from existing
vacancies within the State
Department of Education.
25. Of the funds appropriated in this
item, $447,000 shall be for
program support for the Improving
Teacher Quality Higher Education
grants program and 2.0 permanent
positions.
26. Of the funds appropriated in this
item, $6,636,000 is for the
California Longitudinal Pupil
Achievement Data System
(CALPADS), which is to meet the
requirements of the federal No
Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.) and
Chapter 1002 of the Statutes of
2002. These funds are payable
from the Federal Trust Fund to
the State Department of Education
(SDE). Of this amount, $5,641,000
is federal Title VI funds and
$995,000 is federal Title II
funds. These funds are provided
for the following purposes:
$3,254,000 for systems housing
and maintenance provided by the
Office of Technology Services
(OTECH); $908,000 for costs
associated with necessary system
activities; $790,000 for SDE
staff, and $710,000 for
various other costs, including
hardware and software costs,
indirect charges, Department of
General Services charges, and
operating expenses and equipment.
As a condition of receiving these
funds, SDE shall ensure the
following work has been completed
prior to making final vendor
payments: a Systems Operations
Manual, as specified in the most
current contract, has been
delivered to SDE and all needed
documentation and knowledge
transfer of the system has
occurred; all known software
defects have been corrected; the
system is able to receive and
transfer data reliably between
the state and local educational
agencies within timeframes
specified in the most current
contract; system audits assessing
data quality, validity, and
reliability are operational for
all data elements in the system;
and SDE is able to operate and
maintain CALPADS over time. As a
further condition of receiving
these funds, the SDE shall not
add additional data elements to
CALPADS, require local
educational agencies to use the
data collected through the
CALPADS for any purpose, or
otherwise expand or enhance the
system beyond the data elements
and functionalities that are
identified in the most current
approved Feasibility Study and
Special Project Reports and the
CALPADS Data Guide v1.2. In
addition, $974,000 is for SDE
data management staff responsible
for fulfilling certain federal
requirements not directly
associated with CALPADS.
27. Of the funds appropriated in this
item, $2,360,000 is available in
one-time Title I carryover funds
to conduct activities related to
implementation of the academic
content standards in mathematics
and English language arts, as
authorized by Chapters 605, 608,
and 623 of the Statutes of 2011.
28. Of the funds appropriated in this
item, $556,000 is provided to
support the workload associated
with the federally required
oversight of contracts between
food service management companies
and school food authorities.
29. Of the funds appropriated in this
item, $4,800,000 is provided on a
one-time basis to support
statewide training of school food
authorities regarding changes to
the meal and nutritional
standards contained in the
federal Healthy, Hunger-Free Kids
Act of 2010 (P.L. 111-296), as
allowed by federal guidelines on
the allocation of administrative
funds for state costs of
implementation of new meal
patterns for the National School
Lunch Program and School
Breakfast Program.
30. Of the funds appropriated in this
item, $680,000 is provided in one-
time carryover funds for the Safe
and Supportive Schools program to
support enhanced data collection
capacity and accuracy and
increased technical assistance to
participating schools.
31. Of the funds appropriated in this
item, $424,000 is provided in one-
time federal carryover funds for
the Striving Readers
Comprehensive Literacy Program.
32. Of the funds appropriated in this
item, $825,000 is available on a
one-time basis for the State
Department of Education to
contract for an independent
evaluation of the Public Charter
Schools Grant Program and to
contract to provide technical
assistance to sub-grantees.
33. (a) Of the funds appropriated
in this item, $5,300,000
shall be available to
support local quality
improvement activities
under the Race to the Top-
-Early Learning Challenge
Grant (RTT-ELC),
contingent on approval of
an expenditure plan
submitted to the
Department of Finance and
the Legislature. In
addition, the State
Department of Education
(SDE) shall provide a copy
of the contract that
includes a statement of
work pertaining to the
collection of kindergarten
readiness assessment data
to the Department of
Finance and the
Legislature for review and
approval, prior to signing
of the contract or
encumbrance of funds. The
purpose is to ensure that
the scope of the contract
does not exceed that
specified in the state's
application for RTT-ELC
funds.
(b) The SDE may use RTT-ELC
funds appropriated in this
item to reimburse state
operations costs incurred
during the 2011-12 fiscal
year.
34. Of the funds appropriated in this
item, $1,226,000 of the federal
Individuals with Disabilities
Education Act (IDEA) funds is
available for the State
Department of Education to
provide oversight and technical
assistance for local educational
agencies as the responsibility
for overseeing educationally
related mental health services
transitions from county mental
health agencies to special
education local plan areas. Of
these funds, $426,000 shall be
used to fund 3.0 three-year
limited-term positions for
monitoring residential placements
in out-of-state facilities
associated with educationally
related mental health services.
35. Of the funds appropriated in this
item, up to $705,000 is provided
in one-time federal Title I, Part
C, carryover funds for transfer
to the State Audit Fund for the
purpose of the Bureau of State
Audits to conduct an independent
audit of state and local
implementation of the federally
funded Migrant Education Program.
The audit report shall be
submitted to the appropriate
fiscal and policy committees of
each house of the Legislature and
to the State Department of
Education (SDE) no later than
March 1, 2013.
(a) The audit report shall
include all of the
following:
(1) A detailed audit of
expenditures,
fiscal practices,
and fiscal
oversight at the
SDE and in a sample
of local Migrant
Education Program
regions to
determine whether
there is compliance
with applicable
state and federal
laws, regulations,
and administrative
policies.
(2) A detailed audit of
the State Parent
Advisory Council
(SPAC) makeup and
activities at the
state level and in
a sample of local
Migrant Education
Program regions to
determine whether
there is compliance
with applicable
state and federal
laws, regulations,
and administrative
policies, and to
assess whether the
state appropriately
supports and
engages migrant
parents.
(3) A detailed review
of how effectively
the state organizes
and implements
migrant education
services at both
the state and local
levels, which
includes alignment
between program
goals and program
activities,
outcomes from state-
level contracts,
effectiveness of
data collection
structures and
internal
operations, and the
efficacy of the
existing regional
service delivery
structure.
(4) Recommendations for
how the state may
address audit
findings related to
the topics
described in
paragraphs (1),
(2), and (3).
(5) A review of the
extent to which any
relevant findings
raised in recent
federal reviews
(since 2006) of the
state's Migrant
Education Program
pertaining to these
and other topics
have been
addressed. If these
findings have not
been adequately
addressed, provide
recommendations on
how the state
should address them
to ensure the
delivery of
services in the
Migrant Education
Program are
efficient and
effective.
(b) The regions selected for
the sample shall be
sufficient in number to
reflect the diversity of
local regions and program
structures.
36. Of the funds appropriated in this
item, $130,000 is provided for
one existing limited-term
position to support the federal
Migrant Education Program.
SEC. 44. Item 6110-005-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
6110-005-0001--For support of Department of
Education, as allocated by the Department
of Education to the State Special Schools,
Program 10.60.040........................... 33,259,000
Schedule:
(1) 10.60.040-Instruction....... 37,560,
000
(a) 10.60.040.0
01-School
for the
Blind,
Fremont.... 5,930,000
(b) 10.60.040.0
02-School
for the
Deaf,
Fremont.... 18,010,000
(c) 10.60.040.0
03-School
for the
Deaf,
Riverside.. 15,420,000
(d) 97.20.001-
Unallocated
Reduction.. -1,800,000
(1.5) 97.20.002-Unallocated....... 1,800,0
00
(2) Reimbursements.............. -6,101,
000
Provisions:
1. The reduction in Schedule (1)(d)
shall, to the extent possible, be
achieved by reducing discretionary
deferred maintenance projects.
SEC. 45. Item 6110-005-0890 of Section 2.00 of the Budget Act of
2012 is repealed.
SEC. 46. Item 6110-140-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
6110-140-0001--For local assistance, Department
of Education (Proposition 98), for transfer to
Section A of the State School Fund, Program 20-
Instructional Support........................... 886,000
Schedule:
(1) 20.80.001-Student
Friendly Services....... 1,000
(2) 20.90.001.020-
California School
Information Services
Administration.......... 2,184,000
(4) 20.90.001.040-Fiscal
Crisis and Management
Assistance Team......... 1,000
(5) Amount payable from the
Educational
Telecommunication Fund
(Item 6110-140-0349).... -1,300,000
Provisions:
1. The Superintendent of Public
Instruction shall allocate the funds
appropriated in Schedule (1) for the
Student Friendly Services program.
2. The funds appropriated in Schedule
(2) shall be for allocation to the
Fiscal Crisis and Management
Assistance Team for costs associated
with administration of the California
School Information Services project.
5. The State Department of Education and
the California School Information
Services shall jointly report by
October 1, 2012, to the Department of
Finance, the Legislative Analyst's
Office, and the budget committees of
the Legislature on the workload
activities performed by each entity
to implement the California
Longitudinal Pupil Achievement Data
System (CALPADS).
6. Of the funds appropriated in Schedule
(4), and notwithstanding Section
10554 of the Education Code, the
Controller shall transfer from the
General Fund the actual amount
certified by the Superintendent of
Public Instruction as reductions made
to apportionments in the 2011-12
fiscal year for repayments of prior
year excess apportionments identified
pursuant to audit or audit
settlements identified as a result of
audit investigations or inquiries.
7. Of the funds appropriated in Schedule
(4), $828,000 is to be provided to
non-CSIS participating school
districts for support of maintenance
of individual student identifiers.
8. As a condition of receiving funds
appropriated in this item, the
California School Information
Services shall submit an
expenditure plan with workload
justification to the Department of
Finance and the Legislative Analyst's
Office by December 1, 2012. The
expenditure plan shall include, at a
minimum, (a) positions filled and
intended to be filled, (b) salaries
and benefits, (c) external contracts,
(d) other operating expenses, and (e)
equipment needs. The workload
information shall include, at a
minimum, workload associated with
maintenance of the California
Longitudinal Pupil Achievement Data
System (CALPADS) and assistance
provided to local education agencies
in transmission of data to CALPADS.
The expenditure plan and workload
data shall provide information for
the prior year, current year, and
budget year.
SEC. 47. Item 6110-140-0349 of Section 2.00 of the Budget Act of
2012 is amended to read:
6110-140-0349--For local assistance,
Department of Education, for payment to
Item 6110-140-0001, payable from the
Educational Telecommunication Fund........ 1,300,000
SEC. 48. Item 6110-156-0890 of Section 2.00 of the Budget Act of
2012 is amended to read:
6110-156-0890--For local assistance,
Department of Education, Program
10.50.010.001-Adult Education, payable from
the Federal Trust Fund........................ 91,296,000
Provisions:
1. The State Department of Education
shall reimburse claims on a
quarterly basis from qualifying
community-based organizations
that provide adult basic
education under this item.
2. (a) Notwithstanding any other
provision of law, all
nonlocal educational
agencies (non-LEA)
receiving greater than
$500,000 pursuant to this
item shall submit an
annual organizational
audit, as specified, to
the State Department of
Education, Office of
External Audits.
All audits shall be
performed by one of the
following: (1) a
certified public
accountant possessing a
valid license to practice
within California, (2) a
member of the
department's staff of
auditors, or (3) in-house
auditors, if the entity
receiving funds pursuant
to this item is a public
agency, and if the public
agency has internal staff
that performs auditing
functions and meets the
tests of independence
found in Government
Auditing Standards issued
by the Comptroller
General of the United
States.
The audit shall be in
accordance with State
Department of Education
audit guidelines and
Office of Management and
Budget (OMB), Circular
No. A-133, Audits of
States, Local
Governments, and Non-
Profit Organizations.
Non-LEA entities
receiving funds pursuant
to this item shall submit
the annual audit no later
than six months from the
end of the agency
fiscal year. If, for any
reason, the contract is
terminated during the
contract period, the
audit shall cover the
period from the beginning
of the contract through
the date of termination.
Non-LEA entities
receiving funds pursuant
to this item shall be
held liable for all
department costs incurred
in obtaining an
independent audit if the
contractor fails to
produce or submit an
acceptable audit.
(b) Notwithstanding any other
provision of law, the
State Department of
Education shall annually
submit to the Governor,
Joint Legislative Budget
Committee, and Joint
Legislative Audit
Committee limited-scope
audit reports of all
subrecipients it is
responsible for
monitoring that receive
between $25,000 and
$500,000 of federal
awards, and that do not
have an organizationwide
audit performed. These
limited-scope audits
shall be conducted in
accordance with the State
Department of Education
audit guidelines and OMB,
Circular No. A-133. The
department may charge
audit costs to applicable
federal awards, as
authorized by OMB,
Circular No. A-133
Section 230(b)(2).
The limited-scope audits
shall include agreed-upon
procedures engagements
conducted in accordance
with either American
Institute of Certified
Public Accountants
(AICPA) generally
accepted auditing
standards or attestation
standards, and address
one or more of the
following types of
compliance requirements:
allowed or unallowed
activities, allowable
costs and cost
principles, eligibility,
matching, level of
effort, earmarking, and
reporting.
The department shall
contract for the limited-
scope audits with a
certified public
accountant possessing a
valid license to practice
within the state or with
an independent auditor.
3. On or before March 1 of each
year, the State Department of
Education shall report to the
appropriate subcommittees of the
Assembly Committee on Budget and
the Senate Committee on Budget
and Fiscal Review on the
following aspects of Title II of
the federal Workforce Investment
Act of 1998 (P.L. 105-220):
(a) the makeup of those adult
education providers that applied
for competitive grants under
Title II and those that obtained
grants, by size, geographic
location, and type (school
districts, community colleges,
community-based organizations, or
other local entities), (b) the
extent to which participating
programs were able to meet
planned performance targets, and
(c) a breakdown of the types of
courses (English as a Second
Language (ESL), ESL-Citizenship,
adult basic education, or adult
secondary education) included in
the performance targets of
participating agencies.
4. The State Department of Education
shall continue to ensure that
outcome measures for State
Department of State Hospitals and
State Department of Developmental
Services clients are set at a
level where these clients will
continue to be eligible for adult
education services in the current
fiscal year and beyond to the
full extent authorized under
federal law. The State Department
of Education shall also consult
with the State Department of
State Hospitals, State Department
of Developmental Services, and
Department of Finance for this
purpose.
5. Of the funds appropriated in this
item, $5,594,000 is provided in
one-time carryover funds to
support the existing program.
6. The State Department of Education
shall revise the Request for
Application (RFA) for these funds
for the 2013-14 grant cycle. The
revisions shall include the
incorporation of core federal
performance metrics into the RFA,
including placement in
postsecondary education,
transition into employment,
and retention of employment
included in the performance
targets of participating
agencies. The WIA California
State Plan and the department's
adult education planning
document, ""Linking Adults to
Opportunity,'' shall serve as
source documents of the new RFA.
SEC. 49. Item 6110-161-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
6110-161-0001--For local assistance,
Department of Education (Proposition
98), Program 10.60-Special Education
Programs for Exceptional Children........ 3,220,353,000
Schedule:
(1) 10.60.050.003-
Special education 3,149,440,00
instruction......... 0
(2) 10.60.050.080-Early
Education Program
for Individuals
with Exceptional
Needs............... 85,308,000
(3) Reimbursements for
Early Education
Program, Part C..... -14,395,000
Provisions:
1. Funds appropriated by 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
2012-13 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 $13,208,000,
plus any cost-of-living
adjustment, shall be available
for the purchase, repair, and
inventory maintenance of
specialized books, materials,
and equipment for pupils with
low-incidence disabilities, as
defined in Section 56026.5 of
the Education Code.
3. Of the funds appropriated in
Schedule (1), up to $10,081,000,
plus any cost-of-living
adjustment, 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.
4. Of the funds appropriated in
Schedule (1), up to $5,258,000,
plus any cost-of-living
adjustment (COLA), shall be
available for regional
occupational centers and
programs that serve pupils
having disabilities; up to
$88,657,000, plus any COLA,
shall be available for
regionalized program specialist
services; and up to $2,699,000,
plus any COLA, shall be
available for small special
education local plan areas
(SELPAs) pursuant to Section
56836.24 of the Education Code.
5. Of the funds appropriated in
Schedule (1), up to $3,000,000
is provided for extraordinary
costs associated with single
placements in nonpublic,
nonsectarian schools, pursuant
to Section 56836.21 of the
Education Code. Pursuant to
legislation, these funds shall
also provide reimbursement for
costs associated with pupils
residing in licensed children's
institutes.
6. Of the funds appropriated in
Schedule (1), up to
$158,108,000, plus any cost-of-
living adjustment (COLA), 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
2012-13 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.
Notwithstanding any other
provision of law, funds in
Schedule (2) shall be used only
for the purposes specified in
Provisions 10 and 11.
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 and
Provision 10 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 age two in excess of the
number of solely low-incidence
children through age two 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. The State Department of
Education, through coordination
with the special education local
plan areas, shall ensure local
interagency coordination and
collaboration in the provision
of early intervention services,
including local training
activities, child-find
activities, public awareness,
and the family resource center
activities.
11. Funds appropriated in this item,
unless otherwise specified, are
available for the sole purpose
of funding 2012-13 fiscal year
special education program costs
and shall not be used to fund
any prior year adjustments,
claims, or costs.
12. Of the amount provided in
Schedule (1), up to $188,000,
plus any cost-of-living
adjustment, 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.
13. 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.
14. Of the funds appropriated in
Schedule (1), up to $29,478,000
shall be allocated to local
educational agencies for the
purposes of Project Workability
I.
15. Of the funds appropriated in
Schedule (1), up to $1,700,000
shall be used to provide
specialized services to pupils
with low-incidence disabilities,
as defined in Section 56026.5 of
the Education Code.
16. Of the funds appropriated in
Schedule (1), up to $1,117,000
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.).
17. Of the funds appropriated in
Schedule (1), up to $200,000
shall be used for research and
training in cross-cultural
assessments.
18. 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, 2013, 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.
19. Of the funds appropriated in
this item, up to $2,500,000
shall be allocated directly to
special education local plan
areas for a personnel
development program that meets
the highly qualified teacher
requirements and ensures that
all personnel necessary to carry
out this part are appropriately
and adequately prepared, subject
to the requirements of paragraph
(14) of subdivision (a) of
Section 612 of the federal
Individuals with Disabilities
Education Act (20 U.S.C. Sec.
1400 et seq.) and Section 2122
of the federal Elementary and
Secondary Education Act of 1965
(20 U.S.C. Sec. 6301 et seq.).
The local in-service programs
shall include a parent training
component and may include a
staff training component, and
may include a special education
teacher component for special
education service personnel and
paraprofessionals, consistent
with state certification and
licensing requirements. Use of
these funds shall be described
in the local plans. These funds
may be used to provide training
in alternative dispute
resolution and the local
mediation of disputes. All
programs are to include
evaluation components.
20. 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).
21. Of the funds appropriated in
Schedule (1), the amount
resulting from increases in
federal funds reflected in the
calculation performed in
paragraph (1) of subdivision (c)
of Section 56836.08 of the
Education Code shall be
allocated based on an equal
amount per average daily
attendance and added to each
special education local plan
area's base funding, consistent
with paragraphs (1) to (4),
inclusive, of subdivision
(b) of Section 56836.158 of the
Education Code. When the final
amount is determined, the State
Department of Education shall
provide this information to the
Department of Finance and the
budget committees of each house
of the Legislature.
22. Of the amount specified in
Schedule (1), $348,189,000 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 2012-13 fiscal
year based upon an equal rate
per pupil using the
methodology specified in Section
56836.07 of the Education Code.
23. Of the amount specified in
Schedule (1), up to $3,000,000
shall be made available to the
Superintendent of Public
Instruction, in collaboration
with the Department of Finance
and the Legislative Analyst, and
subject to approval by the
Department of Finance, to
administer an extraordinary cost
pool associated with
educationally related mental
health services, including out-
of-home residential services for
emotionally disturbed pupils,
for necessary small special
education local plan areas as
defined in Section 56212 of the
Education Code.
24. The funds appropriated in this
item reflect an adjustment
to the base funding of 0 percent
for the annual adjustment in
statewide average daily
attendance.
25. Of the amount provided in
Schedule (1), $0 is to reflect a
cost-of-living adjustment.
26. Of the amount provided in
Schedule (2), $0 is to reflect a
cost-of-living adjustment.
SEC. 50. Item 6110-161-0890 of Section 2.00 of the Budget Act of
2012 is amended to read:
6110-161-0890--For local assistance,
Department of Education, payable from the
Federal Trust Fund, Program 10.60-Special
Education Programs for Exceptional
Children.................................. 1,235,469,000
Schedule:
(1) 10.60.050.012-Local
Agency Entitlements,
IDEA Special 1,047,814,00
Education............ 0
(2) 10.60.050.013-State
Agency Entitlements,
IDEA Special
Education............ 1,759,000
(3) 10.60.050.015-IDEA,
Local Entitlements,
Preschool Program.... 67,066,000
(4) 10.60.050.021-IDEA,
State Level
Activities........... 76,414,000
(5) 10.60.050.030-P.L.
99-457, Preschool
Grant Program........ 36,117,000
(6) 10.60.050.031-IDEA,
State Improvement
Grant, Special
Education............ 3,405,000
(7) 10.60.050.032-IDEA,
Family Empowerment
Centers.............. 2,794,000
(8) 20.80.002-
Supplemental Grants:
Newborn Hearing
Grant................ 100,000
Provisions:
2. The funds appropriated in
Schedule (2) shall be distributed
to state-operated programs
serving disabled children from 3
to 21 years of age, inclusive. In
accordance with federal law, the
funds appropriated in Schedules
(1) and (2) shall be distributed
to local and state agencies on
the basis of the federal
Individuals with Disabilities
Education Act (20 U.S.C. Sec.
1400 et seq.) permanent formula.
3. Of the funds appropriated in
Schedule (4), up to $300,000
shall be used to develop and test
procedures, materials, and
training for alternative dispute
resolution in special education.
4. Of the funds appropriated by
Schedule (5) for the Preschool
Grant Program, $1,228,000 shall
be used for in-service training
and shall include a parent
training component and may, in
addition, include a staff
training program. These funds may
be used to provide training in
alternative dispute resolution
and the local mediation of
disputes. This program shall
include state-sponsored and local
components.
5. Of the funds appropriated in this
item, $1,420,000 is available for
local assistance grants to
monitor local educational agency
compliance with state and federal
laws and regulations
governing special education. This
funding level is to be used to
continue the facilitated reviews
and, to the extent consistent
with the key performance
indicators developed by the State
Department of Education, these
activities shall focus on local
educational agencies identified
by the United States Department
of Education's Office of Special
Education Programs.
6. The funds appropriated in
Schedule (7) shall be used for
the purposes of Family
Empowerment Centers on Disability
pursuant to Chapter 690 of the
Statutes of 2001.
7. Notwithstanding the notification
requirements listed in
subdivision (d) of Section 26.00,
the Department of Finance is
authorized to approve
intraschedule transfers of funds
within this item submitted by the
State Department of Education for
the purposes of ensuring that
special education funding
provided in this item is
appropriated in accordance with
the statutory funding formula
required by the federal
Individuals with Disabilities
Education Act (20 U.S.C. Sec.
1400 et seq.) and the special
education funding formula
required pursuant to Chapter 7.2
(commencing with Section 56836)
of Part 30 of Division 4 of Title
2 of the Education Code, without
waiting 30 days, but shall
provide a notice to the
Legislature each time a transfer
occurs.
7.5. Of the funds appropriated in
Schedule (1), $51,750,000 shall
be available only for the purpose
of providing 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 on a one-time
basis in the 2012-13 fiscal year
as follows:
(a) The Superintendent of
Public Instruction shall
allocate these funds to
each special education
local plan area using data
available from the
California Special
Education Management
Information System
(CASEMIS) as of December
1, 2010. Each special
education local plan area
shall receive funding in
an amount equal to the
applicable of the
following:
(1) $3,607 for each
pupil whose
individualized
education program
requires one or
more of the
following
educationally
related mental
health services:
individual
counseling,
counseling and
guidance, parent
counseling, social
work services, or
behavior
intervention
services.
(2) Twice the amount
specified in
paragraph (1) for
each pupil whose
individualized
education program
requires
psychological
services.
(3) Four times the
amount specified in
paragraph (1) for
each pupil
whose
individualized
education program
requires day
treatment services.
(4) Nine times the
amount specified in
paragraph (1) for
each pupil whose
individualized
education program
requires mental
health-related
residential
treatment services.
(b) The Superintendent of
Public Instruction shall
count individual pupils in
only one of the four
categories set forth in
paragraphs (1) to (4),
inclusive, of subdivision
(a), based on the most
intensive level of
services required by the
pupil's individualized
education program.
(c) If the overall funding
allocation is insufficient
to fully fund the amount
set forth in subdivision
(a), or if there is excess
funding available, the
Superintendent of Public
Instruction shall adjust
the amount specified in
paragraph (1) of
subdivision (a), and the
corresponding amounts
specified in paragraphs
(2) to (4), inclusive, of
subdivision (a), in order
to match the full
allocation.
(d) It is the intent of the
Legislature that any funds
appropriated for the 2013-
14 fiscal year for the
purpose of providing the
educationally related
mental health services
identified in this
provision shall be
allocated based on an
equal rate per pupil using
a methodology specified in
Section 56836.07 of the
Education Code and
using average daily
attendance for the 2012-13
fiscal year.
8. Of the funds appropriated in
Schedule (4), $17,250,000 shall
be available only for the purpose
of providing 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 of 2004 (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 2012-13 fiscal
year based upon an equal rate per
pupil using the methodology
specified in Section 56836.07 of
the Education Code.
9. Of the funds appropriated in
Schedule (6), $2,192,000 is
provided for scientifically based
professional development as part
of the State Personnel
Development grant.
10. Of the funds appropriated in
Schedule (4), up to $3,894,000
shall be available for transfer
to the State Special Schools for
student transportation
allowances. However, of these
funds, the State Department of
Education (SDE) shall obtain
written approval from the
Department of Finance prior to
spending $924,000 to address
transportation contract increases
resulting from fuel and insurance
costs. The Department of Finance
shall act within 30 days of
receiving justification from the
SDE for the increased costs.
13. Of the funds appropriated in
Schedule (6), $1,213,000 is
available in one-time carryover
funds to support the state
personnel development contract
with the Napa County Office of
Education.
14. Of the funds appropriated in
Schedule (4), $1,800,000 in
federal Individuals with
Disabilities Education Act (IDEA)
carryover funds shall be
available for transfer to
backfill a General Fund reduction
for State Special Schools for
discretionary deferred
maintenance projects on a one-
time basis.
SEC. 51. Item 6110-194-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
6110-194-0001--For local assistance,
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 statute....................... 770,603,000
Schedule:
(1.5 30.10.020-Child Care 1,329,885
) Services.................. ,000
(a) 30.10.020.
001-
Special
Program,
Child
Developmen
t,
General
Child
Developmen
t 464,913,00
Programs.. 0
(c) 30.10.020.
004-
Special
Program,
Child
Developmen
t,
Migrant
Day Care.. 26,056,000
(d) 30.10.020.
007-
Special
Program,
Child
Developmen
t,
Alternativ
e Payment 194,031,00
Program... 0
(e) 30.10.020.
011-
Special
program,
Child
Developmen
t
Alternativ
e Payment
Program-
-Stage 419,286,00
2......... 0
(f) 30.10.020.
012-
Special
program,
Child
Developmen
t
Alternativ
e Payment
Program-
-Stage 3 148,425,00
Setaside.. 0
(g) 30.10.020.
008-
Special
Program,
Child
Developmen
t,
Resource
and
Referral.. 18,688,000
(j) 30.10.020.
096-
Special
Program,
Child
Developmen
t,
Allowance
for
Handicappe
d......... 1,452,000
(k) 30.10.020.
106-
Special
Program,
Child
Developmen
t,
California
Child
Care
Initiative
.......... 225,000
(l) 30.10.020.
901-
Special
Program,
Child
Developmen
t,
Quality
Improvemen
t......... 49,490,000
(n) 30.10.020.
920-
Special
Program,
Child
Developmen
t, Local
Planning
Councils.. 3,319,000
(o) 30.10.020.
014-
Special
Program,
Child
Developmen
t,
Accounts
Payable... 4,000,000
(3) Amount payable from the
Federal Trust Fund (Item -559,282,
6110-194-0890)............ 000
Provisions:
1. Funds in Schedule (1.5)(l) shall be
reserved for activities to improve
the quality and availability of
child care, pursuant to the
following:
(a) $2,085,639 is for the
schoolage care and resource
and referral earmark.
(b) $11,698,772 is for the infant
and toddler earmark and shall
be used for increasing the
supply of quality child care
for infants and toddlers.
(c) $3,014,000 in one-time federal
funding is available for use
in the 2012-13 fiscal year.
These funds shall be used for
child care and development
quality expenditures
identified by the State
Department of Education and
approved by the Department of
Finance.
(d) From the remaining funds in
Schedule (1.5)(l), the
following amounts shall be
allocated for the following
purposes: $8,000,000 from
federal funds for contracting
with the State Department of
Social Services for increased
inspections of child care
facilities; $960,000 for
Trustline registration
workload (Chapter 3.35
(commencing with Section
1596.60) of Division 2 of the
Health and Safety Code); and
$455,000 for health and safety
training for licensed and
exempt child care providers.
Of the amounts specified in
this provision, first priority
shall be to fully fund
Trustline registration
workload as determined by the
State Department of Social
Services in conjunction with
the State Department of
Education.
3. 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.
4. Notwithstanding Section 8278.3 of
the Education Code or any other
provision of law, up to $5,000,000
of the Child Care Facilities
Revolving Fund balance may be
allocated for use on a one-time
basis for renovations and repairs
to meet health and safety
standards, to comply with the
federal Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12101
et seq.), and to perform emergency
repairs, that were the result of an
unforeseen event and are necessary
to maintain continued normal
operation of the child care and
development program. These funds
shall be made available to school
districts and contracting agencies
that provide subsidized center-
based services pursuant to the
Child Care and Development Services
Act (Chapter 2 (commencing with
Section 8200) of Part 6 of Division
1 of Title 1 of the Education Code).
5. Notwithstanding any other provision
of law, funds in Schedule (1.5)(o)
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.
6. The amounts provided in Schedules
(1.5)(a), (1.5)(c), (1.5)(d), and
(1.5)(j) of this item reflect an
adjustment to the base funding of
-0.25 percent for a decrease in the
population of 0-4 year-olds.
7. The maximum standard reimbursement
rate shall not exceed $34.38 per
day for general child care
programs. Furthermore, the migrant
child care and Cal-SAFE child care
programs shall adhere to the
maximum standard reimbursement
rates as prescribed for the general
child care programs. All other
rates and adjustment factors shall
conform.
8. (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) 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 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 2005 Regional Market Rate
Survey data.
(c) 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.
9. Of the amount appropriated in
Schedule (1.5)(l), $10,750,000
shall be for child care worker
recruitment and retention programs
pursuant to Section 8279.7 of the
Education Code, and $291,000 shall
be for the Child Development
Training Consortium.
10. (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.
11. Notwithstanding any other provision
of law, the funds in Schedule
(1.5)(f) 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 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.
12. Notwithstanding any other provision
of law, each local planning council
shall meet the requirements of
Section 8499.5 of the Education
Code to the extent feasible and to
the extent data is readily
accessible.
13. Notwithstanding any other provision
of law, the implementation of
Provisions 15 and 16 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.
14. 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 Provisions 15 and 16
through management bulletins or
similar instructions.
15. The amounts appropriated in
Schedules (1.5)(a), General Child
Care, (1.5)(c), Migrant Day Care,
(1.5)(d), Alternative Payment
Program, (1.5)(f), CalWORKs Stage
3, and (1.5)(j), Allowance for
Handicapped, reflect a reduction
effective July 1, 2012, to all
contracts of 8.7 percent. The State
Department of Education may
consider the contractor's
performance or whether the
contractor serves children in
underserved areas as defined in
subdivision (ag) of Section 8208 of
the Education Code when determining
contract reductions, provided that
the aggregate reduction to each
program specified above is 8.7
percent effective July 1, 2012.
16. 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 70 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.
SEC. 52. Item 6110-211-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
6110-211-0001--For local assistance,
Department of Education (Proposition 98),
for transfer to Section A of the State
School Fund, Categorical Programs for
Charter Schools, in accordance with
Section 47634.1 of the Education Code..... 330,235,000
Schedule:
(1) 20.60.036.003-
Instructional
Support:
Categorical
Programs for
Charter Schools..... 224,420,000
(2) 20.60.036.006-
Instructional
Support: Economic
Impact Aid for
Charter Schools..... 105,815,000
Provisions:
1. The State Department of
Education shall provide an
estimate of average daily
attendance expected to be
claimed for this item for the
2013-14 fiscal year to the
Department of Finance and the
Legislative Analyst's Office by
October 1 of each year, for use
in developing the Governor's
Budget. The State Department of
Education shall provide an
update of the estimate by March
31 of each year, for preparation
of the May Revision.
2. An additional $5,947,000 in
expenditures for Schedule (1)
has been deferred until the 2013-
14 fiscal year.
3. Funds appropriated in Schedule
(1) are provided solely for the
purpose for which categorical
block grants are calculated
pursuant to paragraph (1) of
subdivision (c) of Section
47634.1 of the Education Code.
Funds appropriated in Schedule
(2) are provided solely for the
purpose for which categorical
block grants are calculated
pursuant to paragraph (2) of
subdivision (c) of Section
47634.1 of the Education Code.
4. The Department of Finance may
transfer funds between Schedules
(1) and (2) as needed to ensure
that the Charter School
Categorical Block Grant is
funded consistent with the
provisions of Section 47634.1 of
the Education Code, provided
that the total amount allocated
to charter schools in Schedule
(1) is the result of applying
the same proportional cut that
other categorical programs
received pursuant to Section
12.42 of this act. The
Department of Finance may not
authorize such a transfer sooner
than 30 days after notifying the
Chairperson of the Joint
Legislative Budget Committee in
writing of the necessity to
authorize the transfer.
5. The amount appropriated in
Schedule (1) shall be reduced
pursuant to Section 12.42.
6. Of the funds provided in this
item, $53,717,000 is available
to provide a growth adjustment.
SEC. 53. Item 6110-295-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
6110-295-0001--For local assistance, Department
of Education (Proposition 98), for transfer to
Section A of the State School Fund, for
reimbursement, in accordance with the provisions
of Section 6 of Article XIII B of the
California Constitution or Section 17561 of the
Government Code, of the cost of any new program
or increased level of service of an existing
program mandated by statute or executive order, 36,0
for disbursement by the Controller................ 00
Schedule:
(1) 98.01.003.677-Consolidation
of Annual Parent
Notification/Schoolsite
Discipline
Rules/Alternative Schools
(Ch. 36, Stats. 1977, et
al.) (CSM 4445, 4453, 4461,
4462, 4474, 4488, 97-TC-24,
99-TC-09, 00-TC-12)......... 1,000
(2) 98.01.009.894-Caregiver
Affidavits (Ch. 98, Stats.
1994) (CSM 4497)............ 1,000
(3) 98.01.048.675-Mandate
Reimbursement Process (Ch.
486, Stats. 1975) (CSM
4485)....................... 1,000
(4) 98.01.049.802-Notification
of Truancy (Ch. 498, Stats.
1983) (CSM 4133)............ 1,000
(5) 98.01.049.803-Pupil
Suspensions, Expulsions,
Expulsion Appeals (Ch. 498,
Stats. 1983, et al.) (CSM
4455, 4456, and 4463)....... 1,000
(6) 98.01.078.192-Charter
Schools I, II, and III (Ch.
781, Stats. 1992) (CSM 4437
et al., 99-TC-03/99-TC-14).. 1,000
(7) 98.01.081.891-AIDS
Instruction I and AIDS
Prevention Instruction II
(Ch. 818, Stats. 1991; Ch.
403, Stats. 1998) (CSM
4422; 99-TC-07, 00-TC-01)... 1,000
(8) 98.01.096.175-Collective
Bargaining (Ch. 961,
Stats. 1975) (CSM 4425, 97-
TC-08)...................... 1,000
(9) 98.01.096.577-Pupil Health
Screenings (Ch. 1208,
Stats. 1976) (CSM 4440)..... 1,000
(10) 98.01.097.595-Physical
Performance Tests (Ch. 975,
Stats. 1995) (96-365-01).... 1,000
(11) 98.01.101.184-Juvenile
Court Notices II (Ch. 1011,
Stats. 1984; Ch. 1423,
Stats. 1984) (CSM 4475)..... 1,000
(12) 98.01.110.784-Removal of
Chemicals (Ch. 1107, Stats.
1984) (CSM 4211, 4298)...... 0
(13) 98.01.111.789-Consolidation
of Law Enforcement Agency
Notifications (LEAN) and
Missing Children Reports
(MCR) (Ch. 1117, Stats.
1989) (CSM 4505, 4505-2).... 1,000
(14) 98.01.117.677-Immunization
Records (Ch. 1176, Stats.
1977) (SB 90-120)........... 1,000
(15) 98.01.118.475-Habitual
Truants (Ch. 1184, Stats.
1975) (CSM 4487, 4487-A).... 1,000
(16) 98.01.130.689-Consolidation
of Notification to
Teachers: Pupils Subject to
Suspension or Expulsion I
and II, and Pupil
Discipline Records (Ch.
1306, Stats. 1989) (CSM
4452)....................... 1,000
(17) 98.01.134.780-Scoliosis
Screening (Ch. 1347, Stats.
1980) (CSM 4195)............ 0
(18) 98.01.030.995-Pupil
Residency Verification and
Appeals (Ch. 309, Stats.
1995) (96-384-01)........... 0
(19) 98.01.058.897-Criminal
Background Checks I (Ch.
558, Stats. 1997) (97-TC-
16) ........................ 1,000
(20) 98.01.083.194-School Bus
Safety I and II (Ch. 624,
Stats. 1992; Ch. 831,
Stats. 1994; Ch. 739,
Stats. 1997) (97-TC-22)..... 0
(21) 98.01.064.186-Open
Meetings/Brown Act (Ch.
641, Stats. 1986) (CSM
4257)....................... 1,000
(22) 98.01.361.977-Financial and
Compliance Audits (Ch. 36,
Stats. 1977) (CSM 4498,
4498-A)..................... 1,000
(23) 98.01.064.097-Physical
Education Reports (Ch. 640,
Stats. 1997) (98-TC-08)..... 0
(24) 98.01.112.096-Health
Benefits for Survivors of
Peace Officers and
Firefighters (Ch. 1120,
Stats. 1996) (97-TC-25)..... 0
(25) 98.01.091.787-County Office
of Education Fiscal
Accountability Reporting
(Ch. 917, Stats. 1987, et
al.) (97-TC-20)............. 1,000
(26) 98.01.010.081-School
District Fiscal
Accountability Reporting
(Ch. 100, Stats. 1981) (97-
TC-19)...................... 1,000
(27) 98.01.012.693-Law
Enforcement Sexual
Harassment Training (Ch.
126, Stats. 1993) (97-TC-
07)......................... 0
(28) 98.01.078.495-County
Treasury Withdrawals (Ch.
784, Stats. 1995) (96-365-
03)......................... 0
(29) 98.01.073.697-Comprehensive
School Safety Plans (Ch.
736, Stats. 1997) (98-TC-
01, 99-TC-10)........... 1,000
(30) 98.01.032.578-Immunization
Records-- Hepatitis B (Ch.
325, Stats. 1978; Ch. 435,
Stats. 1979) (98-TC-05)..... 1,000
(31) 98.01.119.280-School
District Reorganization
(Ch. 1192, Stats. 1980; Ch.
1186, Stats. 1994) (98-TC-
24)......................... 1,000
(32) 98.01.059.498-Criminal
Background Checks II (Ch.
594, Stats. 1998, Ch. 840,
Stats. 1998, Ch. 78, Stats.
1999) (00-TC-05)............ 1,000
(33) 98.01.117.096-Grand Jury
Proceedings (Ch. 1170,
Stats. 1996, et al.) (98-TC-
27)......................... 0
(34) 98.01.074.398-Pupil
Promotion and Retention
(Ch. 100, Stats. 1981, et
al.) (98-TC-19)............. 1,000
(35) 98.01.030.098-Differential
Pay and Re-employment (Ch.
30, Stats. 1998) (99-TC-02). 1,000
(36) 98.01.007.778-Absentee
Ballots (Ch. 77, Stats.
1978; Ch. 1032, Stats.
2002) (02-PGA-02)........... 1,000
(37) 98.01.089.300-Agency Fee
Arrangements (Ch. 893,
Stats. 2000; Ch. 805,
Stats. 2001) (00-TC-17 and
01-TC-14)................... 1,000
(38) 98.01.498.083-The Stull Act
(Ch. 498, Stats. 1983; Ch.
4, Stats. 1999) (98-TC-25).. 1,000
(39) 98.01.124.992-Threats
Against Peace Officers (Ch.
1249, Stats. 1992 et al.)... 1,000
(40) 98.01.060.394-CA State
Teachers Retirement System
Services Credit (Ch. 603,
Stats. 1994 et al.) (02-TC-
19)......................... 1,000
(41) 98.01.498.830-Pupil Safety
Notices (Ch. 498, Stats.
1983 et al.) (02-TC-13)..... 1,000
(42) 98.01.146.389-School
Accountability Report Cards
II & III (Ch. 912, Stats.
1997 et al.) (00-TC-09/00-
TC-13; 02-TC-32)............ 1,000
(43) 98.01.124.978-Prevailing
Wage (Ch. 1249, Stats.
1978) (01-TC-28)............ 1,000
(44) 98.01.016.193-Intradistrict
Attendance (Ch. 161, Stats.
1993) (CSM 4454)............ 1,000
(45) 98.01.013.599-California
High School Exit
Examination (Ch. 135,
Stats. 1999) (00-TC-06)..... 1,000
Provisions:
1. Pursuant to Section 17581.5 of the
Government Code, mandates included in
the language of this item are
specifically identified by the
Legislature for suspension during the
2012-13 fiscal year:
(12) 98.01.110.784-Removal of
Chemicals (Ch. 1107, Stats.
1984) (CSM 4211, 4298)
(17) 98.01.134.780-Scoliosis
Screening (Ch. 1347, Stats.
1980) (CSM 4195)
(18) 98.01.030.995-Pupil Residency
Verification and Appeals (Ch.
309, Stats. 1995) (96-384-01)
(20) 98.01.083.194-School Bus
Safety I and II (Ch. 624,
Stats. 1992; Ch. 831, Stats.
1994; Ch. 739, Stats. 1997)
(97-TC-22)
(23) 98.01.064.097-Physical
Education Reports (Ch. 640,
Stats. 1997) (98-TC-08)
(24) 98.01.112.096-Health Benefits
for Survivors of Peace
Officers and Firefighters
(Ch. 1120, Stats. 1996) (97-
TC-25)
(27) 98.01.012.693-Law Enforcement
Sexual Harassment Training
(Ch. 126, Stats. 1993) (97-TC-
07)
(28) 98.01.078.495-County Treasury
Withdrawals (Ch. 784, Stats.
1985) (96-365-03)
(33) 98.01.117.096-Grand Jury
Proceedings (Ch. 1170, Stats.
1996) (98-TC-27)
2. If the amount appropriated in this
item is less than the amount required
to fund eligible claims contained in
this item, the Controller shall
prorate the payments accordingly.
SEC. 54. Item 6110-488 of Section 2.00 of the Budget Act of 2012
is amended to read:
6110-488--Reappropriation, Department of Education.
Notwithstanding any other provision of law, the
balances from the following items are available for
reappropriation for the purposes specified in
Provisions 1 to 8, inclusive:
0001--General Fund
(1) $171,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for English
Language Learners Best Practices for
Improving Achievement in paragraph
(13) of subdivision (a) of Section 43
of Chapter 79 of the Statutes of 2006
(2) $492,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for the
California English Language
Development Test in Item 6110-113-0001
of the Budget Act of 2009 (Ch. 1, 2009-
10 3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(3) $91,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for
Educational Services for Foster Youth
in Item 6110-119-0001 of the Budget
Act of 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10
4th Ex. Sess.)
(4) $550,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for the
Economic Impact Aid program in Item
6110-128-0001 of the Budget Act of
2009 (Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex.
Sess.)
(6) $7,732,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated for
Home to School Transportation in Item
6110-650-0001, pursuant to Section 5
of Chapter 3 of the 2009-10 Fourth
Extraordinary Session, as amended by
Chapter 31 of the 2009-10 Third
Extraordinary Session
(7) $8,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for the
Special Education Program in Item 6110-
650-0001, pursuant to Section 5 of
Chapter 3 of the 2009-10 Fourth
Extraordinary Session, as amended by
Chapter 31 of the 2009-10 Third
Extraordinary Session
(8) $90,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for California
Partnership Academies in Item 6110-650-
0001, pursuant to Section 5 of Chapter
3 of the 2009-10 Fourth Extraordinary
Session, as amended by Chapter 31 of
the 2009-10 Third Extraordinary Session
(11) $1,630,000 or whatever greater or
lesser amount of the unexpended
balance of the amount allocated for
Categorical Programs for New Charter
Schools in Provision 2 of Item 6110-
488 of the Budget Act of 2010 (Ch.
712, Stats. 2010)
(12) $272,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for
Supplemental Instruction in paragraph
(2) of subdivision (a) of Section 38
of Chapter 12 of the Statutes of 2009
(13) $89,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for preschool
education and child care programs in
Schedules (1) and (1.5) of Item 6110-
196-0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007)
(14) $259,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for child care
programs in Schedules (1) and (1.5) of
Item 6110-196-0001 of the Budget Act
of 2008 (Chs. 268 and 269, Stats. 2008)
(16) $221,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for Home to
School Pupil Transportation in
Schedule (1) of Item 6110-111-0001 of
the Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(17) $351,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for Assessment
Review and Reporting in Schedule (1)
of Item 6110-113-0001 of the Budget
Act of 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10
4th Ex. Sess.)
(18) $768,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for Economic
Impact Aid for Charter Schools in
Schedule (2) of Item 6110-211-0001 of
the Budget Act of 2009 (Ch. 1, 2009-10
3rd Ex. Sess., as revised by Ch. 1,
2009-10 4th Ex. Sess.)
(19) $22,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for the
Charter School Facility Grant Program
in Item 6110-220-0001 of the Budget
Act of 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10
4th Ex. Sess.)
(20) $811,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for Assessment
Review and Reporting in Schedule (1)
of Item 6110-113-0001 of the Budget
Act of 2010 (Ch. 712, Stats. 2010)
(21) $7,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for Statewide
Testing and Reporting in Schedule (2)
of Item 6110-113-0001 of the Budget
Act of 2010 (Ch. 712, Stats. 2010)
(22) $70,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for the High
School Exit Examination in Schedule
(4) of Item 6110-113-0001 of the
Budget Act of 2010 (Ch. 712, Stats.
2010)
(23) $16,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for Foster
Youth in Item 6110-119-0001 of the
Budget Act of 2010 (Ch. 712, Stats.
2010)
(24) $230,000 or whatever greater or lesser
amount of the unexpended balance
of the amount appropriated for
California School Information Services
administration in Provision 2 of Item
6110-485 of the Budget Act of 2011
(Ch. 33, Stats. 2011)
(25) $504,000 or whatever greater or lesser
amount reflects the unexpended balance
of the amount appropriated for the
After School Education and Safety
Program in Item 6110-651-0001,
pursuant to Section 5 of Chapter 3 of
the Statutes of 2009, Fourth
Extraordinary Session, as amended by
Chapter 31 of the Statutes of 2009,
Third Extraordinary Session
(26) $116,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for the Child
Nutrition School Breakfast and
Summer Food Service Programs in Item
6110-201-0001 of the Budget Act of
2009 (Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex.
Sess.)
(27) $7,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for the Class
Size Reduction Program in Item 6110-
234-0001 of the Budget Act of 2009
(Ch. 1, 2009-10 3rd Ex. Sess., as
revised by Ch. 1, 2009-10 4th Ex.
Sess.)
(28) $22,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for the
California Partnership Academies in
Schedule (1) of Item 6110-166-0001 of
the Budget Act of 2010 (Ch. 712,
Stats. 2010)
(29) $11,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for special
education mental health services in
Item 6110-488 of the Budget Act of
2010 (Ch. 712, Stats. 2010)
(30) $449,000 or whatever greater or lesser
amount of the unexpended balance of
the amount appropriated for California
School Information Services
administration in Provision 3 of Item
6110-488 of the Budget Act of 2011
(Ch. 33, Stats. 2011)
Provisions:
3. The sum of $499,000 is hereby
reappropriated to the State Department
of Education for transfer by the
Controller to Section A of the State
School Fund for allocations by the
Superintendent of Public Instruction
to support California School
Information Services activities
authorized pursuant to Schedule (1) of
Item 6110-140-0001.
5. The sum of $2,563,000 is hereby
reappropriated to the State Department
of Education for transfer by the
Controller to Section A of the State
School Fund for allocations by the
Superintendent of Public Instruction
to support California School
Information Services activities
authorized pursuant to Schedule
(2) of Item 6110-140-0001.
6. The sum of $827,000 is hereby
reappropriated to the State Department
of Education for transfer by the
Controller to Section A of the State
School Fund for allocations by the
Superintendent of Public Instruction
to the Fiscal Crisis and Management
Assistance Team for the support of the
California School Information Services
activities authorized pursuant to
Schedule (4) of Item 6110-140-0001.
7. The sum of $3,000,000 is hereby
reappropriated to the State Department
of Education for transfer by the
Controller to Section A of the State
School Fund for allocation by the
Superintendent of Public Instruction
to contract for the shift of the
annual census administration of the
California English Language
Development Test pursuant to Chapter
634 of the Statutes of 2011 and is
contingent upon federal approval of a
contract amendment to implement the
shift.
8. The sum of $8,100,000 is hereby
reappropriated to the State Department
of Education for transfer by the
Controller to Section A of the State
School Fund for allocation by the
Superintendent of Public Instruction
for the department to conduct a
Request for Application process to
select a local education agency to
monitor and support regional services
and to provide administration of the
Advancement Via Individual
Determination (AVID) centers for the
AVID program. Of the funds
appropriated, $1,155,000 is available
for administration of the AVID Center
to support and monitor regional
services and $6,945,000 is
available to support regional services
for the AVID program.
SEC. 55. Item 6110-496 of Section 2.00 of the Budget Act of 2012
is amended to read:
6110-496--Reversion, Department of Education.
Provisions:
1. The Superintendent of Public
Instruction is hereby authorized to
initiate the reversion of
appropriations in cases where the
balance available for reversion is
less than $50,000, and either of the
following applies:
(a) The program in question has
expired.
(b) The Superintendent of Public
Instruction certifies that the
original purpose of the
appropriation would not be
accomplished by further
expenditure.
2. The State Department of Education may
periodically review its accounts at
the Controller's office to identify
appropriations that meet these
criteria. Upon the request of the
State Department of Education, the
Director of Finance may issue an
Executive order to revert identified
appropriations. The Controller shall
timely revert appropriations
identified in the Executive order to
the fund from which the appropriation
was originally made (or a successor
fund in the case of an expired fund),
or to the Proposition 98 Reversion
Account, whichever is appropriate.
4. The sum of $1,947,000 is hereby
appropriated from the Proposition 98
Reversion Account to the State
Department of Education for transfer
by the Controller to Section A of the
State School Fund for allocations by
the Superintendent of Public
Instruction to support California
School Information services
activities authorized pursuant to
Schedule (2) of Item 6110-140-0001.
SEC. 56. Item 6440-001-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
6440-001-0001--For support of University
of California............................ 2,053,750,000
Schedule:
(1) Support.............. 2,053,750,000
Provisions:
1. The appropriations made in this
item are exempt from Section 31.00.
2. None of the funds appropriated in
this item may be expended to
initiate major capital outlay
projects by contract without prior
legislative approval, except for
cogeneration and energy
conservation projects. Funds
appropriated in this item may be
used for capital expenditures as
well as payment of debt service
for such exempted capital
projects. Exempted projects shall
be reported in a manner consistent
with the reporting procedures in
subdivision (e) of Section 28.00.
Funds appropriated in this item
may be used for capital
expenditures as well as payment of
debt service associated with the
Energy Partnership Program,
whereby the University of
California will receive financial
incentives from state investor-
owned utilities to undertake
energy conservation projects. The
use of state operations funding
for these energy savings projects
may not infringe on the
university's funding for its
instructional support activities.
The Director of Finance may
authorize program expenditures for
the list of planned projects 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
appropriations, the chairpersons
of the committees and the
appropriate subcommittees in
each house of the Legislature that
consider the State Budget, and the
Chairperson of the Joint
Legislative Budget Committee. The
list of planned projects submitted
for approval for a given funding
cycle should be all inclusive and
may include projects that
eventually may not be initiated
during that funding cycle. A
project not included on the list
of planned projects for that
funding cycle, but with which the
university wishes to proceed
during the budget year, may be
treated as an exempted project as
described above and reported in a
manner consistent with the
reporting procedures in
subdivision (e) of Section 28.00.
No later than November 15 of each
year, the university shall prepare
a report describing the identified
projects funded under the Energy
Partnership Program in the prior
year. The report shall include the
cost of each project, how the cost
is being funded, including the
amount funded from support budget
funds and investor-owned utility
incentive awards, and the
projected amount of energy
savings. These reports will sunset
at the end of the program.
3. The funds appropriated in this
item shall not be available to
support auxiliary enterprises or
intercollegiate athletics programs.
5. Of the funds appropriated in this
item, $8,301,000 is for support of
University of California programs
of clinical health sciences
education, research, and public
service, conducted in conjunction
with the Charles R. Drew
University of Medicine and
Science, as provided in Sections
1, 2, and 3 of Chapter 1140 of the
Statutes of 1973. Of the funds
appropriated in this item,
$475,000 is contingent upon the
provision by the University of
California of an equal amount of
matching funds from its own
resources.
6. Of the funds appropriated in this
item, $52,199,000 is for support
of Program 45, Student Financial
Aid, to provide financial aid to
needy students attending the
University of California,
according to the nationally
accepted needs analysis
methodology.
7. Of the funds appropriated in this
item, $1,726,018 is for the
California State Summer School for
Mathematics and Science (COSMOS).
As a condition of General Fund
support for COSMOS, the University
of California may not charge a
tuition fee for California
residents that exceeds $2,810 per
session in the year 2012, and may
not increase this tuition fee by
greater than 5 percent each year
thereafter. The University of
California shall report on the
outcomes and effectiveness of
COSMOS every five years,
commencing April 1, 2011.
8. Of the funds appropriated in this
item, $885,375 is provided to
continue support for science and
math resource centers to implement
the Science and Math Teacher
Initiative. The University of
California (UC) shall report to
the Legislature and the Governor
by February 1 of each year on its
progress toward increasing the
quality and supply of science and
mathematics teachers resulting
from implementation of the Science
and Math Teacher Initiative. This
report shall include the following
information: (a) annual number of
mathematics and science teachers
awarded credentials (by each UC
campus) beginning with the 2004-05
academic year (before the state
first provided funding for the
initiative), (b) an expenditure
plan on the use of the funds
appropriated in this item, (c) the
effectiveness of the initiative's
different components and
activities, including an
identification of best practices,
and (d) the job placement of
students who earn a mathematics or
science teaching credential,
including the location of the K-12
school of employment and whether
it is in an urban, rural, or
suburban setting.
9. Of the funds appropriated in this
item, $2,025,000 is to support 135
full-time equivalent students in
the Program in Medical Education
(PRIME) at the Irvine, Davis, San
Diego, San Francisco, and Los
Angeles campuses. The primary
purpose of this program is to
train physicians specifically to
serve in underrepresented
communities. The University of
California shall report to the
Legislature by March 15, 2013, on
(a) its progress in implementing
the PRIME program and (b) the use
of the total funds provided
for this program from both state
and nonstate resources.
10. (a) The amount in Schedule (1)
includes $1,720,000 to
continue increased
enrollments in nursing
programs beyond the levels
served in 2005-06 as
follows:
(1) $1,617,000 for full
cost of a minimum
of 122 full-time
equivalent students
in entry-level
clinical nursing
programs and entry-
level master's
degree nursing
programs.
(2) $103,000 for
supplemental
marginal cost
funding for 20
master's degree
level nursing
students.
(b) The University of
California shall report to
the Legislature and the
Governor by May 1, 2013, on
the total enrollment in the
2012-13 academic year in
the baccalaureate nursing
degree programs, the entry-
level clinical and master's
degree nursing programs,
and the master's of science
in nursing degree programs.
11. Of the funds appropriated in this
item, $8,753,000 is for research
related to Acquired Immune
Deficiency Syndrome (AIDS).
12. Of the funds appropriated in this
item, $5,000,000, is for the
California Subject Matter Projects.
13. If the Director of Finance reduces
appropriations pursuant to
subdivision (a) of Section 3.62,
the University of California shall
not make budget reductions to the
Student Academic Preparation and
Education Programs (SAPEP), that
is greater, proportionally, than
the reduction in overall General
Fund support for the university.
This provision does not apply to
the Preuss School. The university
shall submit a report on funding
levels of SAPEP to the fiscal
committees of each house of the
Legislature no later than April 1,
2013.
14. Of the funds appropriated in
this item, $5,200,000 is the
annual incremental adjustment for
retiree health and dental benefit
cost increases. In providing
funding in 2012-13, it is the
intent of the Legislature to
provide similar adjustments on an
ongoing annual basis in future
years.
15. The Legislature expects the
University of California to enroll
a total of 209,977 state-supported
full-time equivalent students
during the 2012-13 academic year.
This enrollment target does not
include nonresident students and
students enrolled in nonstate
supported summer programs. The
University of California shall
report to the Legislature by May
1, 2013, on whether it has met the
2012-13 academic year enrollment
goal.
16. Of the funds appropriated in
Schedule (1), $51,500,000 is
intended to address a portion of
the University of California's
(UC) employer pension contribution
costs for the University of
California Retirement Plan (UCRP).
This amount is only intended to
help address UC's employer pension
cost increases that are
attributable to state General Fund-
and tuition-funded employees. The
use of this funding for this
purpose in 2012-13 does not
constitute an obligation on behalf
of the state to provide funding
after the 2012-13 fiscal year for
any UCRP costs. The amount of
state funding for UCRP provided by
the state in future budget years,
if any, shall be determined
annually by the Legislature.
17. (a) Notwithstanding any other
law, the University of
California shall not expend
moneys appropriated from
the General Fund in the
annual Budget Act to
contract out for services
currently or customarily
performed by nonacademic
employees to achieve cost
savings in instances other
than the following:
(1) If all the
following
conditions are met:
(A) The University of
California (UC) or
the contracting
agency clearly
demonstrates that
the proposed
contract will
result in actual
overall cost
savings to the UC,
provided that:
(i) In comparing costs,
there shall be
included the UC's
additional cost of
providing the same
service as proposed
by the contractor.
These additional
costs shall include
the salaries and
benefits of
additional staff
that would be
needed and the cost
of additional
space, equipment,
and materials
needed to perform
the function.
(ii) In comparing costs,
there shall not be
included the UC's
indirect overhead
costs unless these
costs can be
attributed solely
to the function in
question and would
not exist if that
function was not
performed by the
UC. Indirect
overhead costs
shall mean the pro
rata share of
existing
administrative
salaries and
benefits, rent,
equipment costs,
utilities, and
materials.
(iii) In comparing costs,
there shall be
included in the
cost of a
contractor
providing a service
any UC costs that
would be directly
associated with the
contracted
function. These
continuing UC costs
shall include, but
not be limited to,
those for
inspection,
supervision, and
monitoring.
(B) Proposals to
contract out work
shall not be
approved solely on
the basis that
savings will result
from lower
contractor pay
rates or benefits.
Proposals to
contract out work
shall be eligible
for approval if the
contractor's wages
are at the
industry's level
and do not undercut
UC pay rates.
(C) The contract does
not cause the
displacement of UC
employees. The term
""displacement''
includes layoff,
demotion,
involuntary
transfer to a new
classification,
involuntary
transfer to a new
location requiring
a change of
residence, and time-
base reductions.
Displacement does
not include changes
in shifts or days
off, nor does it
include
reassignment to
other positions
within the same
classification and
general location or
employment with the
contractor, so long
as wages and
benefits are
comparable to those
paid by the UC.
(D) The savings shall
be large enough to
ensure that they
will not be
eliminated by
private sector and
UC cost
fluctuations that
could normally be
expected during the
contracting period.
(E) The amount of
savings clearly
justify the size
and duration of the
contracting
agreement.
(F) The contract is
awarded through a
publicized,
competitive bidding
process.
(G) The contract
includes specific
provisions
pertaining to the
qualifications of
the staff that will
perform the work
under the contract,
as well as
assurance that the
contractor's hiring
practices meet
applicable
nondiscrimination
standards.
(H) The potential for
future economic
risk to the UC from
potential
contractor rate
increases is
minimal.
(I) The contract is
with a firm. A
""firm'' means a
corporation,
limited liability
company,
partnership,
nonprofit
organization, or
sole proprietorship.
(J) The potential
economic advantage
of contracting is
not outweighed by
the public's
interest in having
a particular
function performed
directly by the UC.
(2) If any of the
following
conditions are met:
(A) The services
contracted are not
available within
the UC, cannot be
performed
satisfactorily by
UC employees, or
are of such a
highly specialized
or technical nature
that the necessary
expert knowledge,
experience, and
ability are not
available through
the UC.
(B) The services are
incidental to a
contract for
purchase or lease
of real or personal
property. Contracts
under this
criterion, known as
""service
agreements,'' shall
included, but not
be limited to,
agreements to
service or maintain
office equipment or
computers that are
leased or rented.
(C) The policy,
administrative, or
legal goals and
purposes of the UC
cannot be
accomplished
through the
utilization of
persons selected
pursuant to the
regular or ordinary
hiring process.
Contracts are
permissible under
this criterion to
protect against a
conflict of
interest or to
ensure independent
and unbiased
findings in cases
where there is a
clear need for a
different, outside
perspective. These
contracts shall
include, but not be
limited to,
obtaining expert
witnesses in
litigation.
(D) The nature of the
work is such that
the criteria for
emergency
appointments apply.
""Emergency
appointment'' means
an appointment made
for a period not to
exceed 60 working
days either during
an actual emergency
to prevent the
stoppage of public
business or because
of the limited
duration of the
work. The method of
selection and the
qualification
standards for an
emergency employee
shall be determined
by the UC. The
frequency of
appointment, length
of appointment, and
the circumstances
appropriate shall
be restricted so as
to prevent the use
of emergency
appointments to
circumvent the
regular or ordinary
hiring process.
(E) The contractor will
provide equipment,
materials,
facilities, or
support services
that could not
feasibly be
provided by the UC
in the location
where the services
are to be performed.
(F) The services are of
such an urgent,
temporary, or
occasional nature
that the delay
incumbent in their
implementation
under the UC's
regular or ordinary
hiring process
would frustrate
their very purpose.
(b) This section shall apply to
personal service contracts
entered into after January
1, 2013. This section shall
not apply to the renewal of
a personal services
contract subsequent to
January 1, 2013, if the
contract was entered into
before January 1, 2013,
irrespective of whether the
contract is renewed or
rebid with the existing
contractor or with a new
contractor unless it has
been significantly expanded.
(c) The University of
California shall annually
post both of the following
on its Internet Web site:
(1) The number of, and
contract amounts
for, contracts
entered into during
the prior fiscal
year, for services
currently or
customarily
performed by
nonacademic
employees, to
achieve cost
savings.
(2) If compliance with
(a) was required
for the prior
fiscal year,
findings regarding
how the University
of California
complied with that
provision.
SEC. 57. Item 6610-001-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
6610-001-0001--For support of California
State University........................... 1,936,597,000
Schedule:
(1) Support.............. 1,936,597,000
Provisions:
1. The appropriations made in this
item are exempt from Section
31.00, except as otherwise
provided by the applicable
sections of the Government Code
referred to in Section 31.00.
2. Of the amount appropriated in this
item, $350,000 is for transfer to
the Affordable Student Housing
Revolving Fund for the purpose of
subsidizing interest costs in
connection with bond financing for
construction of affordable student
housing at the Fullerton and East
Bay campuses in accordance with
Article 3 (commencing with
Section 90085) of Chapter 8 of
Part 55 of Division 8 of Title 3
of the Education Code.
5. Of the funds appropriated in this
item, $2,713,000 is provided to
continue support for enhancing the
capacity of science and math
teacher credential programs to
implement the Science and Math
Teacher Initiative. The California
State University (CSU) shall
report to the Legislature and the
Governor by May 1 of each year on
its progress toward increasing the
quality and supply of science and
mathematics teachers resulting
from implementation of the Science
and Math Teacher Initiative. This
report shall include the following
information: (a) annual number of
mathematics and science teachers
awarded credentials (by each CSU
campus) beginning with the 2004-05
academic year (before the state
first provided funding for the
initiative), (b) an expenditure
plan on the use of the funds
appropriated in this item, (c) the
effectiveness of the initiative's
different components and
activities, including an
identification of best practices,
and (d) the job placement of
students who earn a math or
science teaching credential,
including the location of the K-12
school of employment and whether
it is in an urban, rural, or
suburban setting.
6. (a) Of the funds appropriated
in this item, $6,251,000 is
provided to continue
increased enrollments in
nursing programs beyond the
levels served in 2005-06 as
follows:
(1) $560,000 for
supplemental
marginal cost
funding for 280 full-
time equivalent
students (FTES) in
entry-level master's
degree nursing
programs pursuant to
Article 8
(commencing with
Section 89270) of
Chapter 2 of Part 55
of Division 8 of
Title 3 of the
Education Code.
(2) $1,720,000 for full
cost of a minimum of
163 FTES in entry-
level master's
degree nursing
programs.
(3) $371,000 for full
cost of 35 FTES in
baccalaureate degree
nursing programs.
(4) $3,600,000 for full
cost of 340 FTES in
baccalaureate degree
nursing programs.
(b) The California State
University shall report to
the Legislature and the
Governor by May 1, 2013, on
the total enrollment in the
2011-12 academic year in
the baccalaureate nursing
degree and entry-level
master's degree nursing
programs.
7. Of the funds appropriated in this
item, $33,785,000 is provided for
student financial aid grants.
These financial aid funds shall be
provided to needy students
according to the nationally
accepted needs analysis
methodology.
8. If the Director of Finance reduces
appropriations pursuant to
subdivision (a) of Section 3.62,
the California State University
(CSU) shall not make budget
reductions to any individual
student academic preparation and
outreach program that is greater,
proportionally, than the reduction
in overall General Fund support
for the university. The university
shall submit a report on the
reduction made to these programs
to the fiscal committees of each
house of the Legislature no later
than April 1, 2013.
9. Of the funds appropriated in this
item, $1,100,000 is the annual
incremental adjustment for retiree
dental benefit cost increases. In
providing this funding in 2012-13,
it is the intent of the
Legislature to provide similar
adjustments on an ongoing annual
basis in future years.
10. The Legislature expects the
California State University to
enroll a total of 331,716 state-
supported FTES during the 2012-13
academic year. This enrollment
target does not include
nonresident students and students
enrolled in nonstate supported
summer programs. The California
State University shall report to
the Legislature by May 1, 2013, on
whether it has met the 2012-13
academic year enrollment goal.
11. Notwithstanding Section 89704 of
the Education Code or any other
provision of law, the Chancellor
of the California State University
may transfer such balances he or
she deems necessary from the State
University Continuing Education
Revenue Fund or any other revenues
received from extension
programs and other self-supporting
instructional programs to the
California State University Trust
Fund, or to trust accounts
pursuant to Section 89721 of the
Education Code, for expenditure in
order to mitigate impacts to state-
supported instructional programs
that would result from reductions
in state General Fund
appropriations for support of the
university. The Chancellor shall
report within 10 days to the
Director of Finance and to the
Chairperson of the Joint
Legislative Budget Committee on
any amounts transferred pursuant
to this provision. The Chancellor
shall report to the Director of
Finance and to the Chairperson of
the Joint Legislative Budget
Committee by June 30, 2013, the
impact of any transfer on self-
supporting instructional programs
and related fees. This provision
shall only become operative if the
Director of Finance reduces
appropriations pursuant to
subdivision (a) of Section 3.62.
If this provision is operative on
December 15, 2012, it is the
intent of the Legislature that
the authority is one-time in
nature and effective only for the
2012-13 fiscal year.
SEC. 58. Item 6645-001-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
6645-001-0001--For support of health
benefits for California State University
annuitants. For the state's contribution for
the cost of a health benefits plan for
annuitants and other employees, in
accordance with Sections 22820, 22879,
22881, 22883, and 22953 of the Government
Code, which cost is not chargeable to any 240,255,0
other appropriation.......................... 00
Provisions:
1. The maximum transfer amounts
specified in subdivision (c) of
Section 26.00 do not apply to
this item.
2. Notwithstanding Section 22844
of the Government Code or any
other provision of law,
annuitants and their family
members who were employed by
the California State
University, and who become
eligible for Part A and Part B
of Medicare during the 2012-13
fiscal year, shall not be
enrolled in a basic health
benefits plan during the 2012-
13 fiscal year. If the
annuitant or family member is
enrolled in Part A or Part B of
Medicare, he or she may enroll
in a supplement to the Medicare
plan. This provision does not
apply to employees and family
members who are specifically
excluded from enrollment in a
supplement to the Medicare plan
by federal law or regulation.
3. The maximum monthly
contribution for an annuitant's
health benefits plan shall be
$566 for a single enrollee,
$1,074 for an enrollee and one
dependent, and $1,382 for an
enrollee and two or more
dependents for the 2012
calendar year. The maximum
monthly contribution shall be
adjusted based on Section 22871
of the Government Code to
reflect the health benefit plan
premium rates approved by the
Board of Administration of the
Public Employees' Retirement
System for the 2013 calendar
year.
4. Notwithstanding any other
provision of law, upon approval
of the Director Finance,
expenditure authority may be
transferred between Item 9650-
001-0001 and this item as
necessary to fund costs for
health benefits.
SEC. 59. Item 6870-101-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
6870-101-0001--For local assistance,
Board of Governors of the California
Community Colleges (Proposition 98)..... 1,550,927,000
Schedule:
(1) 10.10.010- 1,139,298,
Apportionments........ 000
(2) 20-Special Services... 0
(3) 10.10.020-
Apprenticeship........ 7,174,000
(4) 10.10.030-Growth for
Apportionments........ 0
(5) 20.10.004-Student
Success for Basic
Skills Students....... 20,037,000
(6) 20.10.005-Student
Financial Aid
Administration........ 71,025,000
(7) 20.10.020-Disabled
Students.............. 69,223,000
(8) 20.10.045-Special
Services for CalWORKs
Recipients............ 26,695,000
(9) 20.10.060-Foster Care
Education Program..... 5,254,000
(10) 20.10.070-
Matriculation......... 49,183,000
(11) 20.20.020-Academic
Senate for the
Community Colleges.... 318,000
(12) 20.20.041-Equal
Employment
Opportunity pursuant
to Ch. 1169, Stats.
2002.................. 767,000
(13) 20.20.050-Part-time
Faculty Health
Insurance............. 490,000
(14) 20.20.051-Part-time
Faculty Compensation.. 24,907,000
(15) 20.20.055-Part-time
Faculty Office Hours.. 3,514,000
(16) 20.30.011-
Telecommunications
and Technology
Services.............. 15,290,000
(17) 20.30.050-Economic
Development........... 22,929,000
(18) 20.30.070-Transfer
Education and
Articulation.......... 698,000
(19) 20.40.026-Physical
Plant and
Instructional Support. 0
(20) 20.10.010-Extended
Opportunity Programs
and Services and
Special Services...... 73,605,000
(21) 20.30.045-Fund for
Student Success....... 3,792,000
(22) 20.70.010-Career
Technical Education... 0
(23) 20.80.010-Campus
Child Care Tax
Bailout............... 3,350,000
(24) 20.95.010-Nursing
Program Support....... 13,378,000
Provisions:
1. The funds appropriated in this
item are for transfer by the
Controller during the 2012-13
fiscal year to Section B of the
State School Fund.
3. The funds appropriated in
Schedule (1) for apportionments
include $31,409,000 to encourage
district-level accountability
efforts pursuant to Section
84754.5 of the Education Code.
It is intended that the Office
of the Chancellor of the
California Community Colleges
submit an annual report on
district-specific accountability
measures by March 31 of each
year. This report shall reflect
the outcomes from the most
recently completed fiscal year
for which data is available
pursuant to Section 84754.5 of
the Education Code.
13. Notwithstanding any other
provision of law, apportionment
funding for community college
districts shall be based on the
greater of the current year or
prior year level of full-time
equivalent students (FTES),
consistent with K-12 declining
enrollment practices pursuant to
Section 42238.5 of the Education
Code. Decreases in FTES shall
result in a revenue reduction at
the district's average level of
apportionment funding per FTES
and shall be made in the year
following the initial year of
decrease in FTES.
14. Of the funds appropriated in
Schedule (1), Apportionments:
(a) Up to $100,000 is for
a maintenance allowance,
pursuant to Section 54200
of Title 5 of the
California Code of
Regulations.
(b) 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.
15. Notwithstanding any other
provision of law, the Chancellor
of the California Community
Colleges shall not reduce
district workload obligations
for a lack of a funded cost-of-
living adjustment.
16. (a) The amount appropriated in
Schedule (3) for the
Apprenticeship Program
shall be available as
necessary upon
certification by the
Chancellor of the
California Community
Colleges for the purpose
of funding community
college-related and
supplemental instruction
pursuant to Section 3074
of the Labor Code, as
provided in Section 8152
of the Education Code. No
community college district
shall use funds available
under this provision to
offer any new
apprenticeship training
program or the expansion
of any existing program
unless the new program or
expansion has been
approved by the chancellor.
(b) Notwithstanding Section
8152 of the Education
Code, each 60-minute hour
of teaching time
devoted to each indentured
apprentice enrolled in and
attending classes of
related and supplemental
instruction as provided
under Section 3074 of the
Labor Code shall be
reimbursed at the rate of
$5.04 per hour. For
purposes of this
provision, each hour of
teaching time may include
up to 10 minutes for
passing time and breaks.
17. Funds appropriated in Schedule
(4), Growth for Apportionments,
shall be available first to any
districts bringing online newly
accredited colleges or
California Postsecondary
Education Commission-approved
educational centers. It is the
intent of the Legislature that
increases in basic foundation
allocations to each college be
funded prior to additional
growth in full-time equivalent
students. The Chancellor of the
California Community Colleges
shall provide a report by
November 1 of each year, to the
Department of Finance and
the Legislative Analyst, on the
number of new centers and
colleges added for the current
fiscal year and those
anticipated to be added for the
prospective budget year. This
report shall also detail the
specific funding adjustments
provided for basic foundation
allocations to each college and
center for the current fiscal
year.
18. Notwithstanding any other
provision of law, funds
appropriated in Schedule (4),
Growth for Apportionments, shall
only be allocated for growth in
full-time equivalent students
(FTES), on a district-by-
district basis, as determined by
the Chancellor of the California
Community Colleges. The
chancellor shall not include any
FTES from concurrent enrollment
in physical education, dance,
recreation, study skills, and
personal development courses and
other courses in conflict with
existing law for the purpose of
calculating a district's
three-year overcap adjustment.
The Board of Governors of the
California Community Colleges
shall implement the criteria
required by subdivision (a) of
Provision 5 of Item 6870-101-
0001 of the Budget Act of 2003
(Ch. 157, Stats. 2003) for the
allocation of funds appropriated
in Schedules (1) and (3) of this
item, so as to ensure that
courses related to student needs
for transfer, basic skills, and
vocational/workforce training
are accorded the highest
priority and are provided to the
maximum extent possible within
budgeted funds.
19. The funds appropriated in
Schedule (5), Student Success
for Basic Skills Students, shall
be allocated as follows:
(a) $969,000 for faculty and
staff development to
improve curriculum,
instruction, student
services, and program
practices in the areas of
basic skills and English
as a Second Language (ESL)
programs. The Office of
the Chancellor of the
California Community
Colleges shall select a
district, utilizing a
competitive process, to
carry out these faculty
and staff development
activities. All colleges
receiving funds pursuant
to subdivision (b) shall
be provided with the
opportunity to participate
in the faculty and staff
development programs
specified in this
subdivision. The
chancellor shall report on
the use of these funds by
the selected district to
the Legislative Analyst
and the Department of
Finance not later than
September 1 of each year.
(b) $19,068,000 for allocation
by the chancellor to
community college
districts for improving
outcomes of students who
enter college needing at
least one course in ESL or
basic skills, with
particular emphasis on
students transitioning
from high school.
(c) Funding specified in
subdivisions (a) and (b)
shall be distributed to
eligible applicants
pursuant to Chapter 489 of
the Statutes of 2007.
(d) The Office of the
Chancellor of the
California Community
Colleges shall work
jointly with the
Department of Finance and
the Legislative Analyst to
evaluate and refine, as
necessary, the annual
accountability measures
for this program. It is
the intent of the
Legislature that annual
performance accountability
measures for this program
utilize, to the extent
possible, data available
as part of the
accountability system
developed pursuant to
Section 84754.5 of the
Education Code. By
September 1, 2010, the
chancellor shall submit a
report to the Governor and
the Legislature on basic
skills accountability
using system- and college-
level data and an annual
report each year
thereafter by September 1.
20. (a) Of the funds appropriated
in Schedule (6) for
Student Financial Aid
Administration, not less
than $16,920,000 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.
(b) Of the funds appropriated
in Schedule (6), not less
than $17,105,000 is
available 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.
(c) Funding provided to
community college
districts in subdivisions
(a) and (b) is provided to
directly offset any
mandated costs claimed by
community college
districts pursuant to
Commission on State
Mandates Test Claims 99-TC-
13 (Enrollment Fee
Collection) and 00-TC-15
(Enrollment Fee Waivers).
(d) (1) Of the amount
appropriated in
Schedule (6),
$2,800,000 shall be
for a contract with
a community college
district to conduct
a statewide media
campaign to promote
the general message
to prospective
students as follows:
(A) the California
Community Colleges
(CCC) remain
affordable, (B)
financial aid tax
credits are
available to cover
enrollment fees and
help with books and
other costs, and (C)
the active
encouragement of
contact between
pupils and local CCC
financial aid
offices. Any funds
used from this
source to produce
radio, television,
or mail campaigns
must emphasize the
availability of
financial aid, the
easiest and most
reliable method of
accessing the aid, a
contact telephone
number, an Internet
Web site address,
where applicable,
and the physical
location of a
financial aid
office. Any mail
campaign must give
priority to existing
pupils, recent high
school graduates,
and 12th
graders. The
outreach and
information campaign
should target its
efforts in high
schools, welfare
offices,
unemployment
offices, churches,
community centers,
and any other
location that will
most effectively
reach low-income and
disadvantaged
students who must
overcome barriers in
accessing
postsecondary
education. The
community college
district awarded the
contract shall
consult with the
Chancellor of the
California Community
Colleges and the
Student Aid
Commission prior to
performing any
activities to ensure
appropriate
coordination with
any other state
efforts in this area
and ensure
compliance with this
provision.
(2) Of the amount
appropriated in
Schedule (6), not
more than
$34,200,000 shall be
for direct contact
with potential and
current financial
aid applicants. Each
CCC campus shall
receive a minimum
allocation of
$50,000. The
remainder of the
funding shall be
allocated to
campuses based upon
a formula reflecting
full-time equivalent
students (FTES)
weighted by a
measure of low-
income populations s
demonstrated by BOG
fee waiver program
participation within
a district. It is
the intent of the
Legislature, to the
extent that funds
are provided in this
item, that all
campuses provide
additional staff
resources to
increase both
financial aid
participation and
student access to
low-income and
disadvantaged
students who must
overcome barriers in
accessing
postsecondary
education. Funds may
be used for
screening current
students for
possible financial
aid eligibility and
offering personal
assistance to these
students in
accessing financial
aid, providing
individual help in
multiple languages
for families and
students in filling
out the necessary
paperwork to apply
for financial aid,
and increasing
financial aid staff
to process
additional financial
aid forms.
(3) Funding provided to
community college
districts in
paragraph (2) is
provided to offset
any mandated costs
claimed by community
college districts
pursuant to the
Commission on State
Mandates Test Claims
02-TC-28 (Cal
Grants) and 02-TC-21
(Tuition Fee
Waivers).
(4) Funds allocated to a
community college
district for
financial aid
personnel, outreach
determination of
financial need, and
delivery of student
financial aid
services shall
supplement, and
shall 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.
(5) It is the intent of
the Legislature that
the Office of the
Chancellor of the
California Community
Colleges provide the
Legislature with a
report not later
than April 1 of each
year on the use of
the funds allocated
pursuant to
paragraphs (1) and
(2), including the
distribution of the
funds, specific uses
of the funds,
strategies employed
to reach low-income
and disadvantaged
students potentially
eligible for
financial aid, and
the extent to which
districts were
successful in
increasing the
number of students
accessing financial
aid, particularly
the maximum Pell
Grant award.
(6) It is the intent of
the Legislature that
the chancellor
report by May 15 of
each year, in the
manner and using the
factors set forth in
paragraph (5) of
subdivision (c) of
Provision 11 of Item
6870-101-0001 of the
Budget Act of 2007
(Chs. 171 and 172,
Stats. 2007), on the
impact of outreach
efforts on student
headcount and FTES
enrollment for the
2009-10 and 2010-11
academic years.
(e) 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 2012-
13 fiscal year shall be
determined in this act.
21. (a) The funds appropriated in
Schedule (7) for the
Disabled Students Program
are for assisting
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 (7), no less
than $3,166,000 shall be
used to address
deficiencies identified by
the federal Office for
Civil Rights (OCR), as
determined by the Office
of the Chancellor of the
California Community
Colleges.
(c) Of the amount
appropriated in Schedule
(7), at least $757,000
shall be used for support
of 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. All High Tech
Centers shall meet
standards developed by the
Office of the Chancellor.
Colleges that receive
these augmentations shall
not supplant existing
resources provided to the
centers.
(d) Notwithstanding any other
provision of law, of the
funds appropriated in
Schedule (7), $1,000,000
shall be for state
hospital adult education
programs at the hospitals
served by the Coast and
Kern Community College
Districts since the 1986-
87 fiscal year. If adult
education services at any
of the two hospitals are
not supported by the
community colleges in any
portion of the 2012-13
fiscal year, remaining
funds shall, upon order of
the Department of Finance,
after 30 days' notice to
the Chairperson of the
Joint Legislative Budget
Committee, be transferred
to the State Department of
Developmental Services
(DDS). For any transfer of
funds to DDS during the
2012-13 fiscal year, the
Proposition 98 base
funding levels for
community colleges and DDS
shall be adjusted
accordingly.
(e) Of the funds appropriated
in Schedule (7) for the
Disabled Student Services,
no less than $7,704,000
shall be allocated to
support high-cost sign
language interpreter
services and real-time
captioning equipment or
other communication
accommodations for hearing-
impaired students based on
a 4-to-1 state-to-local
district match.
22. The funds appropriated in
Schedule (8), Special Services
for CalWORKs Recipients, are for
the purpose of assisting welfare
recipient students and those in
transition off of welfare to
achieve long-term self-
sufficiency through coordinated
student services offered at
community colleges, including
workstudy, other educational
related work experience, job
placement services, child care
services, and coordination with
county welfare offices to
determine eligibility and
availability of services. All
services funded in Schedule (8)
shall be for current CalWORKs
recipients or prior CalWORKs
recipients who are in transition
off of cash assistance for no
more than two years. Current
cash-assistance recipients may
utilize these services until
their initial educational
objectives are met. Former
recipients in transition off of
cash assistance may utilize
these services for a period of
up to two years after leaving
cash assistance subject to
the conditions of this
provision. These funds shall be
used to supplement and not
supplant existing funds and
services provided for CalWORKs
recipients attending community
colleges. The Chancellor of the
California Community Colleges
shall develop an equitable
method for allocating funds to
all districts and colleges based
on the relative numbers of
CalWORKs recipients in
attendance and shall allocate
funds for the following purposes:
(a) Job placement.
(b) Coordination with county
welfare offices and other
local agencies, including
local workforce investment
boards.
(c) Curriculum development and
redesign.
(d) Child care and workstudy.
(e) Instruction.
(f) Postemployment skills
training and related
skills.
(g) Campus-based case
management, limited to on-
campus assistance and
services not provided by
county case workers that
do not supplant other
counseling and academic
support services funded
through existing
California Community
Colleges categorical
programs.
Of the amount appropriated in
Schedule (8), $9,188,000 is for
child care and does not require
a district match. For the
remaining funds, districts
shall, as a condition of receipt
of these funds, provide a $1
match for every $1 provided by
the state.
Funds utilized for subsidized
child care shall be for children
of CalWORKs recipients through
campus-based centers or parental
choice vouchers at rates and
with rules consistent with those
applied to related programs
operated by the State Department
of Education in the 2012-13
fiscal year, including
eligibility, reimbursement
rates, and parental contribution
schedules. Subsidized campus
child care for CalWORKs
recipients may be provided
during the period they are
engaged in qualifying state and
federal work activities through
attainment of their initial
education and training plan and
for up to three months
thereafter or until the end of
the academic year, whichever
period of time is greater.
Funds utilized for workstudy
shall be used solely for
payments to employers that
currently participate in campus-
based workstudy programs or are
providing work experiences that
are directly related to and in
furtherance of student
educational programs and work
participation requirements,
provided that those payments may
not exceed 75 percent of the
wage for the workstudy
positions, and the employers
shall pay at least 25 percent of
the wage for the workstudy
positions. These funds may be
expended only if the total hours
of education, employment, and
workstudy for the student are
sufficient to meet both state
and federal minimum requirements
for qualifying work-related
activities.
Funds may be used to provide
credit or noncredit classes for
CalWORKs students if a district
has committed all of its funded
full-time equivalent students
(FTES) and is unable to offer
the additional instructional
services to meet the demand for
CalWORKs students. This
determination shall be based on
fall enrollment information.
Districts shall submit
applications to the Office of
the Chancellor by December 1 of
each year. If the chancellor
approves the use of funds for
direct instructional workload,
the Office of the Chancellor
shall submit a report to the
Department of Finance and the
Joint Legislative Budget
Committee by February 15 of each
year that (a) identifies the
enrollment of new CalWORKs
students, (b) states whether and
why additional classes were
needed to accommodate the needs
of CalWORKs students, and (c)
sets forth an expenditure plan
for the balance of funds.
As a condition of receipt of the
funds appropriated in Schedule
(8), by the fourth week
following the end of the
semester or quarter term
commencing in January 2013,
participating community
districts and colleges shall
submit to the Office of the
Chancellor a report, in the
format specified by the
chancellor in consultation with
the State Department of
Social Services, that includes,
but is not limited to, the
funded components, the number of
hours of child care provided,
the average monthly enrollment
of CalWORKs dependents served in
child care, the number of
workstudy hours provided, the
hourly salaries and type of
jobs, the number of students
being case managed, the short-
term programs available, the
student participation rates, and
other outcome data. It is
intended that, to the extent
practicable, reporting from
colleges utilize data gathered
for federal reporting
requirements at the state and
local level. Further, it is
intended that the Office of the
Chancellor compile the
information for annual reports
to the Legislature, the
Governor, the Legislative
Analyst, the Department of
Finance, and the State
Department of Social Services by
February 15 of each year.
First priority for expenditures
of any funds appropriated in
Schedule (8) shall be in support
of current CalWORKs recipients.
However, if caseloads are
insufficient to fully utilize
all of the funding in this
schedule in a cost-beneficial
way, it is intended that up to
$5,000,000 of the funds subject
to local matching requirements
may be allocated for providing
postemployment services to
former CalWORKs recipients who
have been off of cash assistance
for no longer than two years to
assist them in upgrading skills,
job retention, and advancement.
Allowable services include
direct instruction that cannot
be funded under available growth
funding, child care to support
attendance in these classes
consistent with this provision,
job development and placement
services, and career counseling
and assessment activities that
cannot be funded through other
programs. Child care services
may only be provided for periods
commensurate with a student's
need for postemployment training
within the two-year
transitional period.
Prior to allocation of funds for
postemployment services, the
chancellor shall first secure
the approval of the Department
of Finance for the allocations,
complete a cumulative report on
the outcomes, activities, and
cost-effectiveness of the
program no later than February
15 of each year in compliance
with the Budget Acts of 1998
(Ch. 324, Stats. 1998) and 1999
(Ch. 50, Stats. 1999) and this
act, and shall provide the
rationale and justification for
the proposed allocation of
postemployment services to
districts for transitional
students.
If a district is unable to fully
expend its share of child care
funds, it may request that
the Office of the Chancellor
approve a reallocation to other
CalWORKs purposes authorized by
this provision, subject to all
pertinent limitations and
district match required for
these purposes under this
provision.
Of the funds appropriated in
Schedule (8) for the Special
Services for CalWORKs Recipients
Program, no less than $4,900,000
is to provide direct workstudy
wage reimbursement for students
served under this program, and
$613,000 is available for campus
job development and placement
services.
23. Funds appropriated in Schedule
(8) for the Special Services for
CalWORKs Recipients Program have
been budgeted to meet the
state's Temporary Assistance for
Needy Families maintenance-
of-effort requirement pursuant
to the federal Personal
Responsibility and Work
Opportunity Reconciliation Act
of 1996 (P.L. 104-193) and may
not be expended in any way that
would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
24. (a) Funds provided in Schedule
(9) for the Foster Care
Education Program shall be
allocated to provide
foster and
relative/kinship care
education and training.
Districts shall ensure
that education and
training required by
Sections 1529.1 and 1529.2
of the Health and Safety
Code and Section 16003 of
the Welfare and
Institutions Code receive
priority. Districts may
use any remaining funds
for additional parenting
skills training.
(b) Funds provided in Schedule
(9) shall be used for
foster parent and
relative/kinship care
provider education
training services
consistent with the
following criteria:
(1) The Chancellor of
the California
Community Colleges
shall use these
funds exclusively
for foster parent
and relative/kinship
care provider
education and
training, as
specified by the
chancellor in
consultation with an
advisory committee
that includes foster
parents,
representatives of
statewide foster
parent
organizations,
parent and
relative/kinship
care providers, and
representatives from
the State Department
of Social Services.
(2) Acceptance of funds
under this program
shall constitute
agreement by the
district to comply
with such reporting
requirements,
guidelines, and
other conditions for
receipt of funding
as the chancellor
may establish.
(3) Each college plan
for foster and
relative/kinship
care education
programs shall
include the
provision of
training to
facilitate the
development of
foster family homes,
small family homes,
and relative/kinship
homes to care for no
more than six
children who have
special mental,
emotional,
developmental, or
physical needs.
(4) The State Department
of Social Services
shall facilitate the
participation of
county welfare
departments in the
foster and
relative/kinship
care education
program.
25. (a) Funds appropriated in
Schedule (10) for the
Matriculation Program are
for the purpose of student
matriculation pursuant to
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 appropriated
in Schedule (10),
$9,381,000 shall be
allocated to community
college districts on a one-
to-one matching funds
basis to provide
matriculation services,
including, but not limited
to, orientation,
assessment, and
counseling, for students
enrolled in designated
noncredit classes and
programs who may benefit
most, as determined by the
Chancellor of the
California Community
Colleges pursuant to
Sections 78216 and 78218
of the Education Code.
26. The funds in Schedule (14) for
the Part-time Faculty
Compensation Program shall be
allocated solely to increase
compensation for part-time
faculty from the amounts
previously authorized. Funds
shall be distributed to
districts based on the total
actual full-time equivalent
students served in the previous
fiscal year and include a small
district factor as determined by
the Chancellor of the California
Community Colleges. These funds
are to be used to assist
districts in making part-time
faculty salaries more
comparable to full-time salaries
for similar work, as determined
through each district's local
collective bargaining process.
These funds shall not supplant
the amount of resources each
district used to compensate part-
time faculty or be used to
exceed parity of each part-time
faculty employed by each
district with regular full-time
faculty at the same district, as
certified by the chancellor. If
a district achieves parity, its
allocation may be used for any
other educational purpose.
27. (a) $14,151,000 of the funds
provided in Schedule (16)
for the Telecommunications
and Technology Services
Program shall be for the
purpose of supporting
technical and application
innovations and for
coordination of activities
that serve to maximize the
utility of the technology
investments of the
community college system
towards improving
learning outcomes.
Allocations shall be made
by the Chancellor of the
California Community
Colleges, based on
criteria and guidelines as
developed by the
chancellor, on a
competitive basis through
the RFA/RFP application
process 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 in a
manner consistent
with paragraph (3)
of subdivision (b)
of Provision 17 of
Item 6870-101-0001
of the Budget Act of
1996 (Ch. 162,
Stats. 1996).
(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 towards
improving learning
outcomes.
In addition, a portion of
the funds provided in this
subdivision shall be
available for allocations
to districts. It is the
intent of the Legislature
that these funds be used
by colleges to maintain
the technology
capabilities specified in
subdivision (a) of
Provision 21 of Item 6870-
101-0001 of the Budget Act
of 2003 (Ch. 157, Stats.
2003). These funds shall
not supplant existing
funds used for those
purposes, and colleges
shall match maintenance
and ongoing costs with
other funds as provided by
subdivision (a) of
Provision 21 of Item 6870-
101-0001 of the Budget Act
of 2003 (Ch. 157, Stats.
2003).
(b) The Office of the
Chancellor of the
California Community
Colleges shall develop the
reporting criteria for all
programs funded by this
item and shall submit that
for review along with an
annual progress report on
program implementation to
the Legislative Analyst
and the Department of
Finance no later than
December 1 of each year.
Reporting shall include
summaries of allocations
and expenditures by
program and by district,
where applicable.
(c) Of the funds provided in
Schedule (16), $1,139,000
is for ongoing support and
expansion of the
California Partnership for
Achieving Student Success
(Cal-PASS) program. As a
condition of receipt of
these funds, the grantee
shall submit to the Office
of the Chancellor, by
October 15 of each year,
all of the following: (1)
a report that includes the
numbers and percentages of
institutions and school
districts that have signed
agreements and the number
and percentage that have
actively submitted data in
the current year and (2)
an annual financial audit,
as prescribed by the
chancellor, that includes
an accounting of all
funding sources and all
uses of funds by funding
source. The report and
audit also shall be
submitted to the
Legislative Analyst, the
Department of Finance, and
the appropriate budget
subcommittees of the
budget committees of each
house of the Legislature.
It is the intent of the
Legislature that all
reporting requirements
contained in this
subdivision shall be
completed using funds
provided to the grantee.
28. Of the funds provided in
Schedule (17) for the Economic
and Workforce Development
Program:
(a) $11,187,000 is allocated
for regional business
resources assistance and
innovation network
centers. Each allocation
to a district for Centers
for International
Development shall contain
sufficient funds, as
determined by the
Chancellor of the
California Community
Colleges, for the
continued operation of
Mexican International
Trade Centers.
(b) $3,833,000 is allocated
for industry-driven
regional education and
training collaboratives.
These allocations shall be
made on a competitive
basis and the amounts
shall not be restricted to
any predetermined limit,
but rather shall be funded
on their individual merits.
(c) $1,769,000 is allocated
for statewide network
leadership, organizational
development, coordination,
information and support
services, or other program
purposes.
(d) $2,220,000 is available
for Job Development
Incentive Training
programs focused on job
creation for public
assistance recipients. Any
annual savings from this
subdivision shall only be
available for expenditure
for one-time activities
listed under subdivision
(j) of Section 88531 of
the Education Code.
(e) $3,920,000 is allocated
for the establishment of a
Responsive Incumbent
Worker Training Fund,
which will serve to expand
the delivery of
performance improvement
training to employers and
incumbent workers in high-
growth industries. Funds
shall also be used to
develop programs that
integrate basic skills and
career technical education
curriculum in ways that
provide students with
seamless educational
coursework that
transitions students into
high-tech and high-demand
job sectors.
(f) The following
provisions apply to the
expenditure of funds
within subdivisions (a)
and (b): Funds allocated
for centers and regional
collaboratives shall seek
to maximize the use of
state funds for
subdivisions (g) to (j),
inclusive, of Section
88531 of the Education
Code. Funds allocated to
districts for purposes of
subdivisions (g) and (i)
of Section 88531 of the
Education Code for
performance-based training
and student internships
shall be matched by a
minimum of $1 of private
business and industry
funding for each $1 of
state funds. Funds
allocated for purposes of
subdivision (h) of Section
88531 of the Education
Code for credit and
noncredit instruction may
be transferred to Schedule
(1) or (3) to facilitate
distribution at the
chancellor's discretion.
Any funds that become
available from network
centers due to savings,
discontinuance, or
reduction of amounts shall
first be made available
for additional allocations
in subdivision (b) to
increase the level of
subsidized training
otherwise available.
(g) Funds allocated by the
Board of Governors of the
California Community
Colleges under this
provision may not be used
by community college
districts to supplant
existing courses contract
education offerings. The
chancellor shall ensure
that funds are spent only
for expanded services and
shall implement
accountability reporting
for districts receiving
these funds to ensure that
training, credit, and
noncredit programs remain
relevant to business
needs. Programs that do
not demonstrate continued
relevance and support by
business shall not be
eligible for continued
funding. The board of
governors shall consider
the level of involvement
and financial commitments
of business and industry
as primary factors in
making awards. The
chancellor shall
incorporate project
requirements into the
guidelines for audits of
economic development
projects.
(h) Primary objectives of the
Economic and Workforce
Development Program are to
maximize instruction, to
prepare students for entry-
level jobs, to increase
skills of the current
workforce, and to
stimulate the growth of
businesses through
training so that more jobs
are created. As part of
the annual report on the
performance of the
Economic and Workforce
Development Program, the
chancellor shall provide
disaggregated data
detailing the funding
provided to each economic
development regional
center and each industry-
driven regional education
and training
collaborative, and to the
extent practicable, the
total number of hours of
contract education
services, performance
improvement training,
credit and noncredit
instruction, and job
placements created as a
result of each center and
collaborative.
29. (a) The funds appropriated in
Schedule (18) for the
Transfer Education and
Articulation Program are
available to support
transfer and articulation
projects and common course
numbering projects.
(b) Funding provided to
community college
districts from Schedule
(18) is provided to
directly offset any
mandated costs claimed by
community college
districts pursuant to
Chapter 737 of the
Statutes of 2004.
30. (a) One-half of any funds
appropriated in
Schedule (19) 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 full-time
equivalent students
(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,
plus an equal amount
to be provided from
district
discretionary funds.
The chancellor may
waive all or a
portion of the
matching requirement
based upon a review
of a district's
financial condition.
The question of
whether a district
has complied with
its resolution shall
be reviewed under
the annual audit of
that district. For
every $1 a district
expends from any
funds provided in
this appropriation
for scheduled
maintenance and
special repairs, the
recipient district
shall provide $1 in
matching funds.
(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.
Districts that
receive funds for
architectural
barrier removal
projects shall
provide a $1 match
for every $1
provided by the
state.
(b) One-half of any funds
appropriated in Schedule
(19) are available for
replacement of
instructional equipment
and library materials. For
every $3 a district
expends from any moneys
provided in this
appropriation for
replacement of
instructional equipment or
library materials, the
recipient district shall
provide $1 in matching
funds. The chancellor may
waive all or a portion of
the matching requirement
based upon a review of a
district's financial
condition. 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 (19) shall be
available for expenditure
until June 30, 2014.
31. Of the funds appropriated in
Schedule (20) for Extended
Opportunity Programs and
Services and Special Services,
$64,273,000 is for Extended
Opportunity Programs and
Services (EOPS) in accordance
with 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 EOPS
shall be available to students
on all campuses within the
California Community Colleges
system, including those students
on new campuses or in new
districts. In addition,
$9,332,000 is for funding, at
all colleges, the Cooperative
Agencies Resources for Education
(CARE) 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 Board
of Governors of the California
Community Colleges shall
allocate funds on a priority
basis to local programs on the
basis of need for student
services.
32. Of the funds appropriated in
Schedule (20) for the Extended
Opportunity Programs and
Services and Special Services,
no less than $4,972,000 shall be
available to support additional
textbook assistance grants to
community college students as an
allowable expenditure consistent
with paragraph (10) of
subdivision (b) of Section
69648 of the Education Code. In
addition, these funds shall not
supplant the amount of resources
used for textbook grants in the
2001-02 fiscal year.
33. The funds appropriated in
Schedule (21) for the Fund for
Student Success are for
additional targeted student
services, to be expended as
follows:
(a) $1,183,000 is for the
Puente Project to support
up to 75 colleges. These
funds are available if
matched by $200,000 of
private funds and 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 $1,515,000 is for
the Mathematics,
Engineering and Science
Achievement (MESA)
program. For each $1
allocated, the recipient
district shall provide $1
in matching funds.
(c) No less than $1,094,000 is
for the Middle College
High School Program. With
the exception of fully
compliant 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. Further, no
community college state
apportionment shall be
made available for
physical education
classes, noncredit
classes, nor other courses
specified in Provision 8.
34. Pursuant to Sections 69648.5,
78216, and 84850, and
subdivision (b) of Section
87108, of the Education Code,
the Board of Governors of the
California Community Colleges
may allocate funds appropriated
in Schedules (7), (10), (12),
and (20) by grant or contract,
or through the apportionment
process, to one or more
districts for the purpose of
providing program evaluation,
accountability, monitoring, or
program development services, as
appropriate under the applicable
statute.
35. (a) All funds appropriated in
Schedule (22) for the
Career Technical Education
Program are for the
purpose of aligning career
technical education
curriculum between K-12
and community colleges in
targeted industry-driven
programs offered through
the Economic and Workforce
Development Program. Prior
to the allocation of these
funds, the Chancellor of
the California Community
Colleges, in conjunction
with the State Department
of Education, shall submit
a proposed expenditure
plan for the funds
contained in this item,
and the rationale
therefor, to the
Department of Finance by
August 1 of each year for
approval.
(b) If funds are appropriated
in Schedule (22) for the
Career Technical Education
Program, no more than
$2,500,000 is available
for the development and
enhancement of health-
related career pathway
programs in grades 7 to
12, inclusive, and for the
articulation and
alignment of health-
related curriculum between
schools with pupils in
kindergarten and grades 1
to 12, inclusive, and the
California Community
Colleges.
36. The funds appropriated in
Schedule (23) for the Campus
Child Care Tax Bailout shall be
allocated by the Chancellor of
the California Community
Colleges 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.
37. With regard to the funds
appropriated in Schedule (24),
Nursing Program Support, all of
the following shall apply:
(a) $8,475,000 shall be used
to provide support for
nursing program enrollment
and equipment needs
consistent with paragraph
(2) of subdivision (a) of
Section 2 of Chapter 514
of the Statutes of 2001.
Funding for nursing
enrollment shall provide a
marginal increase in
funding in addition to the
amount provided for each
full-time equivalent
student for regular growth
in apportionments.
(b) $4,903,000 shall be used
to provide diagnostic and
support services, preentry
coursework, alternative
program delivery model
development, and other
services to reduce the
incidence of student
attrition in nursing
programs.
(c) Funds shall be allocated
according to the following
criteria:
(1) The degree to which
the funds provided
would be used to
increase student
enrollment in
nursing programs
beyond the level of
full-time equivalent
students served in
the 2011-12 academic
year.
(2) The district's level
of attrition from
nursing programs and
the suitability of
planned expenditures
to address attrition
levels.
(3) The degree to which
funds provided would
be used to support
infrastructure or
equipment needs with
the intent of
building capacity
and increasing the
number of nursing
students served.
(4) For districts with
attrition rates
of 15 percent or
more, new funding
shall focus on
attrition reduction.
For districts with
attrition rates
below 15 percent,
new funding shall
focus on enrollment
expansion.
(d) On or before March 1 of
each year, the Chancellor
of the California
Community Colleges shall
provide the Legislature
and the Department of
Finance with a report on
the allocation of funding.
For each district
receiving funding under
this item, the report
shall include all of the
following: (1) the amount
of funding received, (2)
the number of nursing full-
time equivalent students
served in the 2006-07
academic year, and the
additional number of
nursing full-time
equivalent students served
with funding provided in
this item in each
subsequent year, (3) the
district's attrition and
completion rates in the
2006-07 academic year and
subsequent years, (4)
any equipment or
infrastructure-related
items acquired with the
funds appropriated in this
item, and (5) the number
of new and existing
faculty receiving annual
stipend awards.
38. Notwithstanding any other
provision of law, the Chancellor
of the California Community
Colleges shall allocate
categorical funds as specified
in legislation enacted in 2009
and as amended in 2010. Pursuant
to the conditions specified in
that legislation, districts may
utilize funds allocated from
Schedules (3), (10), (11), (12),
(13), (14), (15), (17), (18),
(19), and (23) as further
specified in that legislation.
Notwithstanding this provision
and subdivision (b) of Section
84043 of the Education Code, the
chancellor may adjust
allocations, as necessary, for
funding provided pursuant to
Schedules (11), (17), and (18)
in support of statewide or
regional functions.
39. Funding provided to community
college districts in Schedule
(1) is provided to directly
offset any mandated costs
claimed by community college
districts for the Minimum
Conditions for State Aid (02-TC-
25 and 02-TC-31) mandated
program as determined by the
Commission on State Mandates.
SEC. 60. Item 7300-001-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
7300-001-0001--For support of Agricultural
Labor Relations Board......................... 4,904,000
Schedule:
(1) 10-Board Administration..... 2,138,000
(2) 20-General Counsel
Administration.............. 2,766,000
(3) 30.01-Administration
Services.................... 275,000
(4) 30.02-Distributed
Administration Services..... -275,000
SEC. 61. Item 7980-101-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
7980-101-0001--For local assistance,
Student Aid Commission..................... 721,452,000
Schedule:
(1) 15-Financial Aid 1,638,628,00
Grants Program....... 0
(2) Reimbursements....... -817,743,000
(2.5) Amount payable from
the Student Loan
Operating Fund (Item
7980-101-0784)....... -84,657,000
(3) Amount payable from
the Federal Trust
Fund (Item 7980-101-
0890)................ -14,776,000
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 7,200 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.
(e) The purchase of loan
assumptions under the
State Nursing Assumption
Program of Loans for
Education (SNAPLE)
Employees of State
Facilities Program
pursuant to Article 2
(commencing with Section
70120) 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 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
100 new warrants.
(g) The Student Aid
Commission shall report
by April 1, 2013, on the
State Nursing Assumption
Program of Loans for
Education, pursuant to
the reporting
requirements of Section
70108 of the Education
Code.
(h) 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 $92,600 for the Cal Grant
A Program and $50,900 for the Cal
Grant B Program for the purpose
of determining new recipients for
the 2012-13 award year.
3. Notwithstanding any other
provision of law, the maximum
award for:
(a) New and renewal
recipients attending
private institutions
shall be $9,708.
(b) New and renewal
recipients attending
independent institutions
shall be $9,708.
(c) All recipients receiving
Cal Grant B access awards
shall be $1,551.
(d) All recipients receiving
Cal Grant C tuition and
fee awards shall be
$2,592.
(e) All recipients receiving
Cal Grant C book and
supply awards shall be
$576.
(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 fees by the
Regents of the University
of California for the
2012-13 academic year.
(g) All California State
University student
recipients receiving Cal
Grant awards shall be
$5,970 or whatever lesser
or greater amount is
approved for mandatory
systemwide fees by the
Trustees of the
California State
University for the 2012-
13 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),
$803,754,000 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
Schedules (1) and (2), $2,503,000
reflects reimbursements from the
Military Department for the costs
of tuition assistance for
National Guard members pursuant
to the provisions of Chapter 12
of the 2009-10 Fourth
Extraordinary Session.
7. Of the funds appropriated in
Schedules (1) and (2), $127,000
reflects reimbursements from the
California Emergency Management
Agency for costs of loan
repayment assistance under the
John R. Justice Grant Program.
SEC. 62. Item 7980-101-0784 of Section 2.00 of the Budget Act of
2012 is amended to read:
7980-101-0784--For local assistance,
Student Aid Commission, Cal Grant
Program, for payment to Item 7980-101-
0001, payable from the Student Loan
Operating Fund............................ 84,657,000
SEC. 63. Item 8955-001-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
8955-001-0001--For support of Department
of Veterans Affairs....................... 218,471,000
Schedule:
(1) 10-Farm and Home
Loans to Veterans... 2,254,000
(2) 20-Veterans Claims
and Rights.......... 4,954,000
(3) 30.01-Headquarters.. 25,405,000
(4) 30.10-Veterans'
Home of California
at Yountville....... 83,280,000
(5) 30.20-Veterans'
Home of California
at Barstow.......... 20,315,000
(6) 30.30-Veterans'
Home of California
at Chula Vista...... 29,432,000
(7) 30.40-Veterans'
Home of California
at Greater Los
Angeles, Ventura
County (GLAVC)...... 51,943,000
(8) 30.50-Veterans'
Home of California
at Redding.......... 2,663,000
(9) 30.60-Veterans'
Home of California
at Fresno........... 3,330,000
(10) 50.01-General
Administration...... 27,758,000
(11) 50.02-Distributed
General
Administration...... -27,758,000
(12) Reimbursements...... -616,000
(13) Amount payable from
the Veterans
Service Office Fund
(Item 8955-001-
0083)............... -56,000
(14) Amount payable
from the Northern
California Veterans
Cemetery Perpetual
Maintenance Fund
(Item 8955-001-
0238)............... -55,000
(15) Amount payable from
the Veterans' Farm
and Home Building
Fund of 1943 (Item
8955-001-0592)...... -2,254,000
(16) Amount payable from
the Federal Trust
Fund (Item 8955-001-
0890)............... -1,894,000
(17) Amount payable from
the Mental Health
Services Fund (Item
8955-001-3085)...... -230,000
Provisions:
1. Of the funds appropriated in
this item, $892,000 shall be
expended only for the
replacement of equipment and
furnishings directly related to
the care of the members at
Veterans' Home of
California.
2. The Secretary of Veterans
Affairs shall report annually
on all expenditures pursuant to
Provision 1 to the Director of
Finance, the Chairperson of the
Joint Legislative Budget
Committee, and the chairpersons
of the fiscal committees of
each house of the Legislature.
The report shall specify the
following: (a) the equipment
purchased, (b) the amount
expended, (c) the vendor from
whom it was purchased, (d) the
method of purchase, (e) the
purpose and use of the
equipment, (f) the location of
the equipment by home and
program unit, and (g) the life
expectancy of the equipment.
The report shall also include
planned expenditures for
equipment, as specified, for
the forthcoming five fiscal
years.
3. Of the funds appropriated in
Schedule (4), the amount of
$500,000 is available for
special projects that provide a
direct benefit to the members
of the Veterans' Home of
California at Yountville,
including the maintenance of
facilities used by members and
the public. The Allied Council
at the Veterans' Home of
California may submit special
project requests to the
administration for
consideration. After
consultation with the Allied
Council, a budget for
expenditure of these funds
shall be approved by the
administrator and the Secretary
of Veterans Affairs.
4. Notwithstanding any other
provision of law, the
Department of Veterans Affairs
is not required to comply with
Chapter 615 of the Statutes of
2006 during the 2012-13 fiscal
year because no appropriation
has been provided to support
the activities required by
Chapter 615 of the Statutes of
2006.
SEC. 64. Item 9650-001-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
9650-001-0001--For support of Health and
Dental Benefits for Annuitants. For the
state's contribution for the cost of a
health benefits plan and dental care
premiums, for annuitants and other
employees, in accordance with Sections
22820, 22879, 22881, 22883, and 22953 of
the Government Code, which cost is not
chargeable to any other appropriation.... 1,314,883,000
Schedule:
(1) Health benefit 1,254,029,00
premiums............ 0
(2) Dental care
premiums............ 96,803,000
(3) Amount payable from
the Public
Employees'
Contingency Reserve
Fund (Item 9650-001-
0950)............... -35,949,000
Provisions:
1. The maximum transfer amounts
specified in subdivision (c) of
Section 26.00 do not apply to
this item.
2. Notwithstanding Section 22844 of
the Government Code or any other
provision of law, annuitants and
their family members who were
employed by the California State
University, and who become
eligible for Part A and Part B
of Medicare during the 2012-13
fiscal year, shall not be
enrolled in a basic health
benefits plan during the 2012-13
fiscal year. If the annuitant or
family member is enrolled in
Part A and Part B of Medicare,
he or she may enroll in a
supplement to the Medicare plan.
This provision does not apply to
employees and family members who
are specifically excluded from
enrollment in a supplement to
the Medicare plan by federal law
or regulation.
3. The maximum monthly contribution
for an annuitant's health
benefits plan shall be $566 for
a single enrollee, $1,074 for an
enrollee and one dependent, and
$1,382 for an enrollee and two
or more dependents for the 2012
calendar year. The maximum
monthly contribution shall be
adjusted based on Section 22871
of the Government Code to
reflect the health benefit plan
premium rates approved by the
Board of Administration of the
Public Employees' Retirement
System for the 2013 calendar
year.
SEC. 65. Item 9800-001-0001 of Section 2.00 of the Budget Act of
2012 is amended to read:
9800-001-0001--For Augmentation for
Employee Compensation...................... 51,296,000
Provisions:
1. The amount appropriated in
this item shall not be
construed to control or
influence collective
bargaining between the state
employer and employee
representatives.
2. The funds appropriated in this
item are for compensation
increases and increases in
benefits related thereto of
employees whose compensation,
or portion thereof, is
chargeable to the General
Fund, to be allocated by
executive order by the
Director of Finance to the
several state offices,
departments, boards, bureaus,
commissions, and other state
agencies, in augmentation of
their respective
appropriations or allocations,
in accordance with approved
memoranda of understanding or,
for employees excluded from
collective bargaining, in
accordance with salary and
benefit schedules established
by the Department of Human
Resources.
3. It is the intent of the
Legislature that all proposed
augmentations for increased
employee compensation
costs, including, but not
limited to, base salary
increases, pay increases to
bring one group of employees
into a pay equity position
with another group of public
employees, and recruitment and
retention differentials, be
budgeted and considered on a
comprehensive, statewide
basis. Therefore, the
Legislature declares its
intent to reject any proposed
augmentations that are not
included in Items 9800-001-
0001, 9800-001-0494, and 9800-
001-0988, given that these are
the items where the funds to
implement comprehensive
statewide compensation
policies, including those
adopted pursuant to collective
bargaining, are considered.
This provision shall not apply
to augmentations for increased
employee compensation costs
resulting from mandatory
judicial orders to raise pay
for any group of employees or
augmentations for increased
compensation costs, or
approvals for departments to
provide increased employee
compensation levels, that are
included in bills separate
from the Budget Act.
4. This item contains funds
estimated to be necessary to
implement side letters,
appendices, or other addenda
to a memorandum of
understanding (collectively
referred to as ""pending
agreements'') that have been
determined by the Joint
Legislative Budget Committee
to require legislative
approval prior to their
implementation, but which may
not have been approved in
separate legislation as of the
date of the passage of this
act. In the event that the
Legislature does not approve
separate legislation to
authorize implementation of
any of the pending agreements,
the Director of Finance shall
not allocate any funds related
to those pending agreements
pursuant to Provision 2, and
the expenditure of funds for
those pending agreements shall
not be deemed to have been
approved by the Legislature.
5. As of July 31, 2013, the
unencumbered balances of the
above appropriation shall
revert to the General Fund.
6. By inclusion of this
provision, for purposes of
Section 3517.63 of the
Government Code, the
Legislature hereby ratifies
provisions that require the
expenditure of funds of the
addenda dated April 5, 2012,
and April 6, 2012, with State
Bargaining Units 12, 16, 18,
and 19. These addenda extend
the current memoranda of
understanding with these state
bargaining units through July
1, 2013. The estimated cost to
implement the addenda for
State Bargaining Units 12 and
18 is included in this item.
SEC. 66. Item 9800-001-0494 of Section 2.00 of the Budget Act of
2012 is amended to read:
9800-001-0494--For Augmentation for
Employee Compensation, payable from other
unallocated special funds.................. 40,187,000
Provisions:
1. The amount appropriated in
this item shall not be
construed to control or
influence collective
bargaining between the state
employer and employee
representatives.
2. The funds appropriated in this
item are for compensation
increases and increases in
benefits related thereto of
employees whose compensation,
or portion thereof, is
chargeable to special funds,
to be allocated by executive
order by the Director of
Finance to the several state
offices, departments, boards,
bureaus, commissions, and
other state agencies, in
augmentation of their
respective appropriations or
allocations, in accordance
with approved memoranda of
understanding or, for
employees excluded from
collective bargaining, in
accordance with salary and
benefit schedules established
by the Department of Human
Resources.
3. Notwithstanding any other
provision of law, upon
approval of the Director of
Finance, expenditure authority
may be transferred between
this item and Item 9800-001-
0988 as necessary to fund
costs for approved memoranda
of understanding or, for
employees excluded from
collective bargaining, in
accordance with salary and
benefit schedules established
by the Department of Human
Resources.
4. It is the intent of the
Legislature that all proposed
augmentations for increased
employee compensation costs,
including, but not limited to,
base salary increases, pay
increases to bring one group
of employees into a pay equity
position with another group of
public employees, and
recruitment and retention
differentials, be budgeted and
considered on a comprehensive,
statewide basis. Therefore,
the Legislature declares its
intent to reject any proposed
augmentations that are not
included in Items 9800-001-
0001, 9800-001-0494, and 9800-
001-0988, given that these are
the items where the funds to
implement comprehensive
statewide compensation
policies, including those
adopted pursuant to collective
bargaining, are considered.
This provision shall not apply
to augmentations for increased
employee compensation costs
resulting from mandatory
judicial orders to raise pay
for any group of employees or
augmentations for increased
compensation costs, or
approvals for departments to
provide increased employee
compensation levels, that are
included in bills separate
from the Budget Act.
5. This item contains funds
estimated to be necessary to
implement side letters,
appendices, or other addenda
to a memorandum of
understanding (collectively
referred to as ""pending
agreements'') that have been
determined by the Joint
Legislative Budget
Committee to require
legislative approval prior to
their implementation, but
which may not have been
approved in separate
legislation as of the date of
the passage of this act. In
the event that the Legislature
does not approve separate
legislation to authorize
implementation of any of the
pending agreements, the
Director of Finance shall not
allocate any funds related to
those pending agreements
pursuant to Provision 2, and
the expenditure of funds for
those pending agreements shall
not be deemed to have been
approved by the Legislature.
6. As of July 31, 2013, the
unencumbered balances of the
above appropriation shall no
longer be available for
expenditure.
7. By inclusion of this
provision, for purposes of
Section 3517.63 of the
Government Code, the
Legislature hereby ratifies
provisions that require the
expenditure of funds of the
addenda dated April 5, 2012,
and April 6, 2012, with State
Bargaining Units 12, 16, 18,
and 19. These addenda extend
the current memoranda of
understanding with these state
bargaining units through July
1, 2013. The estimated cost to
implement the addenda for
State Bargaining Units 12 and
18 is included in this item.
SEC. 67. Item 9800-001-0988 of Section 2.00 of the Budget Act of
2012 is amended to read:
9800-001-0988--For Augmentation for
Employee Compensation, payable from other
unallocated nongovernmental cost funds..... 19,793,000
Provisions:
1. The amount appropriated in
this item shall not be
construed to control or
influence collective
bargaining between the state
employer and employee
representatives.
2. The funds appropriated in this
item are for employee
compensation increases, and
increases in benefits related
thereto, whose compensation or
portion thereof is chargeable
to nongovernmental cost funds,
to be allocated by Executive
order by the Director of
Finance to the several state
offices, departments, boards,
bureaus, commissions, and
other state agencies, in
augmentation of their
respective appropriations or
allocations, in accordance
with approved memoranda of
understanding or, for
employees excluded from
collective bargaining, in
accordance with salary and
benefit schedules established
by the Department of Human
Resources.
3. Notwithstanding any other
provision of law, upon
approval of the Director of
Finance, expenditure authority
may be transferred between
Item 9800-001-0494 and this
item as necessary to fund
costs for approved memoranda
of understanding or, for
employees excluded from
collective bargaining, in
accordance with salary and
benefit schedules established
by the Department of Human
Resources.
4. It is the intent of the
Legislature that all proposed
augmentations for increased
employee compensation costs,
including, but not limited to,
base salary increases, pay
increases to bring one group
of employees into a pay equity
position with another group of
public employees, and
recruitment and retention
differentials, be budgeted and
considered on a comprehensive,
statewide basis. Therefore,
the Legislature declares its
intent to reject any proposed
augmentations that are not
included in Items 9800-001-
0001, 9800-001-0494, and 9800-
001-0988, given that these are
the items where the funds to
implement comprehensive
statewide compensation
policies, including those
adopted pursuant to collective
bargaining, are considered.
This provision shall not apply
to augmentations for increased
employee compensation costs
resulting from mandatory
judicial orders to raise pay
for any group of employees or
augmentations for increased
compensation costs, or
approvals for departments to
provide increased employee
compensation levels, that are
included in bills separate
from the Budget Act.
5. This item contains funds
estimated to be necessary to
implement side letters,
appendices, or other addenda
to a memorandum of
understanding (collectively
referred to as ""pending
agreements'') that have been
determined by the Joint
Legislative Budget Committee
to require legislative
approval prior to their
implementation, but which may
not have been approved in
separate legislation as of the
date of the passage of this
act. In the event that the
Legislature does not approve
separate legislation to
authorize implementation of
any of the pending agreements,
the Director of Finance shall
not allocate any funds related
to those pending agreements
pursuant to Provision 2, and
the expenditure of funds for
those pending agreements shall
not be deemed to have been
approved by the Legislature.
6. As of July 31, 2013, the
unencumbered balances of the
above appropriation shall no
longer be available for
expenditure.
7. By inclusion of this
provision, for purposes of
Section 3517.63 of the
Government Code, the
Legislature hereby ratifies
provisions that require the
expenditure of funds of the
addenda dated April 5, 2012,
and April 6, 2012, with State
Bargaining Units 12, 16, 18,
and 19. These addenda extend
the current memoranda of
understanding with these state
bargaining units through July
1, 2013. The estimated cost to
implement the addenda for
State Bargaining Units 12 and
18 is included in this item.
SEC. 68. Section 3.62 of the Budget Act of 2012 is amended to
read:
SEC. 3.62. (a) If Section 36 is not added to Article XIII of the
California Constitution pursuant to voter approval at the November 6,
2012, statewide general election, or if Section 36 is added to
Article XIII of the California Constitution but its provisions that
temporarily modify personal income tax rates do not become operative
due to a conflict with another initiative measure that is approved at
the same election and receives a greater number of affirmative votes
than the measure that added Section 36, the Director of Finance
shall adjust the following appropriations in the manner and in the
amounts specified:
(1) Reduce Schedule (4) 50-Law Enforcement of Item 0820-001-0001
of Section 2.00 by $1,000,000.
(2) Reduce Schedule (2) 11-Fire Protection of Item 3540-001-0001
of Section 2.00 by $10,000,000.
(3) Reduce Item 3600-001-0001 of Section 2.00 by $8,500,000.
(4) Adjust Item 3600-001-0200 of Section 2.00 as follows:
(A) Reduce Schedule (1) 20-Biodiversity Conservation Program by
$2,100,000.
(B) Reduce Schedule (2) 25-Hunting, Fishing, and Public Use by
$400,000.
(C) Reduce Schedule (4) 40-Enforcement by $1,000,000.
(D) Decrease the amount payable from the General Fund (Item
3600-001-0001) in Schedule (8.5) by $8,500,000.
(E) Increase the amount payable from the Harbors and Watercraft
Revolving Fund (Item 3600-001-0516) in Schedule (18.5) by $5,000,000.
(5) Increase Item 3600-001-0516 by $5,000,000.
(6) Reduce Schedule (2) 20-Boating Operations of Item
3680-101-0516 of Section 2.00 by $5,000,000.
(7) Reduce Item 3790-001-0001 of Section 2.00 by $1,500,000.
(8) Adjust Item 3790-001-0392 of Section 2.00 as follows:
(A) Reduce Schedule (1) For support of Department of Parks and
Recreation by $1,500,000.
(B) Decrease the amount payable from the General Fund (Item
3790-001-0001) in Schedule (3.5) by $1,500,000.
(9) Reduce Schedule (3) 30-Public Safety and Prevention of Damage
of Item 3860-001-0001 of Section 2.00 by $6,600,000.
(10) Reduce Item 4300-101-0001 of Section 2.00 by $50,000,000.
(11) Delete Item 5227-102-0001 of Section 2.00.
(12) Reduce Item 6440-001-0001 of Section 2.00 by $250,000,000.
(13) Reduce Item 6610-001-0001 of Section 2.00 by $250,000,000.
(b) The Legislature finds and declares the following:
(1) The reduction to Schedule (4) of Item 0820-001-0001 of Section
2.00 made pursuant to paragraph (1) of subdivision (a) could
eliminate General Fund support for law enforcement activities of the
Attorney General.
(2) The reductions to Item 3540-001-0001 of Section 2.00 made
pursuant to paragraph (2) of subdivision (a) could diminish the
effectiveness of emergency air response programs, result in the
closure of fire stations, and substantially decrease firefighting
capabilities.
(3) The reductions to Items 3600-001-0001 and Item 3600-001-0200
of Section 2.00 made pursuant to paragraphs (3) and (4) of
subdivision (a) will reduce support for the Biodiversity Conservation
Program, a program that encourages the preservation, conservation,
maintenance, and restoration of wildlife resources; the Hunting,
Fishing, and Public Use Program, a program that facilitates diverse
and sustainable hunting and fishing; and the Enforcement Program,
which could result in fewer wardens on duty in the state.
(4) The adjustments to Item 3600-001-0200 of, and the increase in
Item 3600-001-0516 of, Section 2.00 made pursuant to paragraphs (4)
and (5) of subdivision (a) will provide funding for boating-related
law enforcement to partially replace the General Fund reduction made
pursuant to paragraph (3) of subdivision (a).
(5) The reduction to Item 3680-101-0516 of Section 2.00 made
pursuant to paragraph (6) of subdivision (a) could result in a
decrease to local assistance provided for boating-related law
enforcement.
(6) The reductions to Items 3790-001-0001 and 3790-001-0392 of
Section 2.00 made pursuant to paragraphs (7) and (8) of subdivision
(a) could eliminate the provision of seasonal life guards at state
parks and reduce the number of park rangers on duty in the state.
(7) The reduction to Schedule (3) of Item 3860-001-0001 of Section
2.00 made pursuant to paragraph (9) of subdivision (a) could
decrease channel and levee maintenance and floodplain mapping.
(8) The reduction to Item 4300-101-0001 of Section 2.00 made
pursuant to paragraph (10) of subdivision (a) could reduce services
to individuals with developmental disabilities.
(9) The deletion of Item 5227-102-0001 of Section 2.00 made
pursuant to paragraph (11) of subdivision (a) will eliminate
$20,000,000 for grants to cities to mitigate the impact of budget
cuts on city police departments resulting from current economic
conditions.
(c) The Director of Finance shall apply the reductions specified
in subdivision (a) only to the extent that the funds appropriated in
each affected item have not been expended or encumbered. If the funds
appropriated in any affected item have been encumbered, the director
shall attempt to reduce or eliminate the encumbrance so that the
reductions specified in subdivision (a) may be made to the fullest
extent possible. If the amount reduced pursuant to subdivision (a) is
a reduction in a scheduled amount, a corresponding reduction shall
be made in the primary item of appropriation.
(d) The Department of Finance shall make the final determination
of the budgetary and accounting transactions and treatments to ensure
proper implementation of the obligations and reductions imposed by
this section.
(e) Within 10 days following the date of any reduction made
pursuant to this section, the Director of Finance shall notify the
Joint Legislative Budget Committee of the reduction.
SEC. 69. Section 3.90 of the Budget Act of 2012 is amended to
read:
SEC. 3.90. (a) Notwithstanding any other provision of law, each
item of appropriation, with the exception of those items for the
California State University, the University of California, Hastings
College of the Law, the Legislature, the Legislative Counsel Bureau,
the Bureau of State Audits, and the Judicial Branch, shall be
reduced, as appropriate, to reflect reductions in employee
compensation in the total amounts of $401,716,000 from General Fund
items and $437,413,000 from items relating to other funds. These
reductions shall be achieved through any combination of the
following: (1) memoranda of understanding reached pursuant to Section
3517.5 of the Government Code, (2) furloughs, and (3) other
reductions for nonrepresented employees achieved with existing
administration and statutory authority.
The Director of Finance shall allocate the necessary reductions to
each item of appropriation (Budget Act and non-Budget Act) to
accomplish the employee compensation reductions required by this
section.
(b) Notwithstanding any other provision of law, by inclusion of
this section the Legislature hereby ratifies the addenda reached
between June 7, 2012, and June 25, 2012, for the following state
bargaining units: State Bargaining Units 1, 3, 4, 5, 6, 8, 11, 12,
14, 15, 16, 17, 18, 19, 20, and 21.
These addenda reflect negotiated changes to existing provisions of
their current memoranda of understanding or extend the current
memoranda of understanding with these state bargaining units, or
both. The estimated savings associated with these addenda are
included in this section.
(c) Any other addenda with a state bargaining unit agreed to by
July 1, 2012, and submitted to the Joint Legislative Budget Committee
and ratified by August 31, 2012, shall also be deemed effective July
1, 2012, for purposes of this section.
(d) Employees represented by bargaining units with ratified
addenda pursuant to subdivision (b) or (c) shall not be subject to
furloughs pursuant to subdivision (a) of this section or subdivision
(b) of Section 19849 of the Government Code.
SEC. 70. Section 12.32 of the Budget Act of 2012 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 2012-13 fiscal year are
$36,849,374,000 or 40.0 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
$33,355,298,000 or 36.8 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 for community college districts are
$3,415,020,000 or 3.7 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 $79,056,000 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. 71. Section 12.35 is added to the Budget Act of 2012, to
read:
SEC. 12.35. Notwithstanding any provision of law, the Student Aid
Commission shall not implement any change in policy or practice that
would have an annualized fiscal effect exceeding $5,000,000 to Item
7980-101-0001 unless the change is first approved by the Director of
Finance and written notification is provided by the Director of
Finance to the Chairperson of the Joint Legislative Budget Committee,
and the chairpersons of the fiscal committees of each house of the
Legislature, not less than 30 days prior to the effective date of the
approval. Each notification shall (a) explain the necessity and
rationale for the proposed change in policy or practice and (b)
identify the fiscal effect of the proposed change in the current
fiscal year and subsequent fiscal years. In adopting this section, it
is the intent of the Legislature not to affect the entitlement
aspect of the Cal Grant Program.
SEC. 72. Section 12.42 of the Budget Act of 2012 is amended to
read:
SEC. 12.42. (a) The amounts appropriated in the items set forth in
subdivision (b) are each hereby reduced by the percentage determined
by dividing $1,319,724,000 by the sum of the amounts
appropriated in the items set forth
in subdivision (b).
(b) Subdivision (a) shall apply to Items 6110-103-0001,
6110-104-0001, 6110-105-0001, 6110-107-0001, 6110-108-0001,
6110-111-0001, 6110-113-0001, 6110-119-0001, 6110-122-0001,
6110-124-0001, 6110-137-0001, 6110-144-0001, 6110-150-0001,
6110-151-0001, 6110-156-0001, 6110-158-0001, 6110-166-0001,
6110-167-0001, 6110-181-0001, 6110-182-0001, 6110-188-0001,
6110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001,
6110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001,
6110-220-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001,
6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001,
6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001,
6110-260-0001, 6110-265-0001, 6110-266-0001, 6110-267-0001,
6110-268-0001, 6360-101-0001, and Schedule (1) of Item 6110-211-0001
of Section 2.00 of this act.
SEC. 73. Section 15.11 of the Budget Act of 2012 is amended to
read:
SEC. 15.11. (a) Notwithstanding any other provision of law, the
Director of Finance may allocate or otherwise use an amount of at
least $500,000,000 from moneys derived from the sale of greenhouse
gas emission allowances, which are deposited to the credit of the
Greenhouse Gas Reduction Fund, and make commensurate reductions to
General Fund expenditure authority. These funds shall be available to
support the regulatory purposes of the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)
of the Health and Safety Code).
(b) Not fewer than 60 days prior to allocating any funds pursuant
to subdivision (a), the State Air Resources Board and the Director of
Finance shall submit a plan for the expenditure or use of the funds
to the chairpersons of the committees in each house of the
Legislature that consider appropriations and the Chairperson of the
Joint Legislative Budget Committee. This plan, in the judgment of the
board and the director, shall provide for the expenditure of funds
to assist in achieving the goal of reducing greenhouse gas emissions.
(c) The Director of Finance shall not allocate funds pursuant to
subdivision (a) until he or she has determined that sufficient moneys
have been deposited into the Greenhouse Gas Reduction Fund.
(d) Any agency, board, or department receiving funds pursuant to
this section shall prepare a record, consistent with Chapter 8
(commencing with Section 16649.96) of Part 2.5 of the Government
Code.
(e) For a period of not less than two years, no funds allocated
pursuant to subdivision (a) shall be used for the purpose of
developing a high-speed rail system.
SEC. 74. Section 35.50 of the Budget Act of 2012 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, "all appropriations from the General
Fund for that fiscal year" shall not include any transfer to the
Budget Stabilization Account to retire Economic Recovery Bonds
because that amount is reflected in the "amount of any General Fund
moneys transferred to the Budget Stabilization Account."
(c) For purposes of subdivision (g) of Section 12 of Article IV of
the California Constitution, the estimate of General Fund revenues
for the 2012-13 fiscal year pursuant to this act, as passed by the
Legislature, is $93,005,000,000.
(d) For purposes of subdivision (b) of Section 20 of Article XVI
of the California Constitution, General Fund revenues shall be
defined as revenues and transfers before any transfer to the Budget
Stabilization Account, excluding any proceeds from Economic Recovery
Bonds, as estimated in the enacted State Budget.
(e) Except as provided in this subdivision, the net final payment
accrual methodology shall not be implemented with regard to revenue
for the 2012-13 and prior fiscal years.
The net final payment accrual methodology shall be implemented
with regard to any change in state law which is enacted during 2012.
SEC. 75. Section 99.50 of the Budget Act of 2012 is amended to
read:
SEC. 99.50.
The following is an index to the general sections of this act.
These sections serve to define terms and identify restrictions
concerning the appropriations contained in this act.
1.00 Budget Act Citation
1.50 Intent and Format
1.80 Availability of Appropriations
2.00 Items of Appropriation
3.00 Defines Purposes of Appropriations
3.50 Benefit Charges Against Salaries and
Wages
3.60 Contribution to Public Employees'
Retirement Benefits
3.62 Ballot Trigger Reductions
3.90 Reduction for Employee Compensation
4.01 Employee Compensation Savings
4.05 Budget Adjustment Authority
4.11 Establishing New Positions
4.20 Contribution to Public Employees'
Contingency Reserve Fund
4.30 Lease-Revenue Payment Adjustments
4.70 Architecture Revolving Fund Deficit
Recovery
4.75 Statewide Surcharge
4.80 State Public Works Board Interim
Financing
4.90 Architectural Revolving Fund Transfer
4.95 Inmate Construction Revolving Account
Transfer
5.25 Attorney's Fees
6.00 Project Alterations Limits
8.00 Antiterrorism Federal Reimbursements
8.50 Federal Funds Receipts
8.51 Federal Funds Accounts
8.52 Federal Reimbursements
8.53 Notice of Federal Audits
8.54 Enforce Recovery of Federal Funds for
Statewide Indirect Costs
8.88 FI$Cal Project
9.20 Administrative Costs Associated With the
Acquisition of Property
9.30 Federal Levy of State Funds
9.45 Proposition 40-Reporting Requirements
9.50 Minor Capital Outlay Projects
11.00 EDP/Information Technology Reporting
Requirements
11.10 Reporting of Statewide Software License
Agreements
11.11 Privacy of Information in Pay Stubs
12.00 State Appropriations Limit (SAL)
12.30 Special Fund for Economic Uncertainties
12.32 Proposition 98 Funding Guarantee
12.35 Financial Aid Policy Change Requirements
12.42 Reduction of Education Funds
12.45 Payroll Deferral
12.60 Categorical Contingency Transfer
Authority for Deficiencies
13.00 Legislative Counsel Bureau
14.00 Special Fund Loans Between Boards of the
Department of Consumer Affairs
15.11 Allocation of Cap and Trade Fee Revenue
15.25 Data Center Rate Adjustment
17.00 Federal Health Insurance Portability and
Accountability Act (HIPAA)
24.00 State School Fund Allocations
24.03 Reading Control
Transfer Surplus of Driver Training
24.10 Penalty Assessment Fund to the General
Fund
24.30 Transfer School Building Rental Income
to the General Fund
24.60 Report of Lottery Funds Received
24.70 Local Educational Agency Fiscal
Accountability
25.25 21st Century Project
25.50 SCO Apportionment Payment System
Assessments
26.00 Intraschedule Transfers
28.00 Program Change Notification
28.50 Agency Reimbursement Payments
Personnel-Year Estimates of Governor's
29.00 Budget, May Revision, and Final Change
Book
30.00 Continuous Appropriations
31.00 Budget Act Administrative Procedures for
Salaries and Wages
31.10 Position Adjustments
32.00 Prohibits Excess Expenditures
33.00 Item Veto Severability
34.00 Constitutional Severability
Estimated General Fund Revenue Pursuant
35.50 to Assembly Constitutional Amendment 5 of
the 2003-04 Fifth Extraordinary Session
35.60 BSA Transfer to the General Fund
38.00 Provides That This Bill is a Budget Bill
39.00 Identification of Bills Related to the
Budget Bill
99.00 Alphabetical Organization Index
99.50 Numerical Control Section Index
SEC. 76. Sections 1 to 75, inclusive, of this act shall become
operative only if Assembly Bill 1464 or Senate Bill 1004 of the
2011-12 Regular Session is enacted as the Budget Act of 2012.
SEC. 77. 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.
