Bill Text: CA SB704 | 2009-2010 | Regular Session | Amended
Bill Title: State budget.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB704 Detail]
Download: California-2009-SB704-Amended.html
BILL NUMBER: SB 704 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Denham
( Coauthor: Assembly Member
Huffman )
FEBRUARY 27, 2009
An act to amend Section 163 of the Military and Veterans
Code, relating to the state militia. An act to amend
Item 5240-301-0660 of Section 2.00 of the Budget Act of 2003 (Chapter
157 of the Statutes of 2003), and to amend Items 5225-301-0660 and
5225-491 of Section 2.00 of the Budget Act of 2008 (Chapters 268 and
269 of the Statutes of 2008), relating to the state budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 704, as amended, Denham. State militia: Adjutant
General: duties. State budget.
The Budget Act of 2008 appropriates $136,275,000 for construction
of the Condemned Inmate Complex at San Quentin State Prison. A prior
appropriation in the Budget Act of 2003 appropriated $220,000,000 for
this construction and the balance was reappropriated in the Budget
Act of 2008.
This bill would eliminate both appropriations and the
reappropriation, to the extent these funds have not been expended.
Existing law requires the Adjutant General to perform various
duties with regard to the National Guard as are prescribed in the
Military and Veterans Code and any additional duties that are
consistent with the regulations and customs of the federal military
organizations, as specified.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Item 5240-301-0660 of Section 2.00 of
the Budget Act of 2003 is amended to read:
5240-301-0660--For capital outlay,
Department of Corrections, payable from the 271,710,00
Public Buildings Construction Fund .......... 0
51,710,000
Schedule:
(1) 61.04.040-California
Correctional
Institution,
Tehachapi: Wastewater
Treatment Plant-
-Construction......... 15,743,000
(2) 61.09.036-California
Medical Facility,
Vacaville: Mental
Health Crisis Beds-
-Preliminary plans,
working drawings, and
construction.......... 18,645,000
(3) 61.11.008-Richard J.
Donovan Correctional
Facility at Rock
Mountain, San Diego:
Substance Abuse
Program Modular
Replacement-
-Construction......... 2,074,000
(4) 61.12.027-California
State Prison-San
Quentin, San Quentin:
Condemned Inmate
Complex--Preliminary
plans, working
drawings, and
construction.......... 220,000,000
(5) 61.47.002-California
State Prison-
Sacramento, Represa:
Psychiatric Services
Unit/Enhanced
Outpatient Care Phase
II--Construction...... 15,248,000
Provisions:
1. 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
construction of the projects
authorized by this item.
2. The State Public Works Board and
the Department of Corrections may
obtain interim financing for the
project costs authorized in this
item from any appropriate source,
including, but not limited to,
Section 15849.1 of the Government
Code and the Pooled Money
Investment Account pursuant to
Sections 16312 and 16313 of the
Government Code.
3. The State Public Works Board may
authorize the augmentation of the
cost of construction of the
projects scheduled in this item
pursuant to the board's authority
under Section 13332.11 of the
Government Code. In addition, the
State Public Works Board may
authorize any additional amount
necessary to establish a
reasonable construction reserve
and to pay the cost of financing,
including the payment of interest
during construction of the
projects, the costs of financing
a debt service fund, and the cost
of issuance of permanent
financing for the project. This
additional amount may include
interest payable on any interim
financing obtained.
4. This department is 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
projects.
5. The State Public Works Board
shall not itself 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 section does not exempt this
department from the requirements
of the California Environmental
Quality Act. This section is
declarative of existing law.
6. Notwithstanding Section 2.00 of
the Budget Act, funds derived for
Schedule (4) from the lease-
purchase financing method
deposited in the State Treasury,
are hereby available for
encumbrance until June 30, 2008,
to the State Public Works Board
on behalf of the Department of
Corrections.
SEC. 2. Item 5225-301-0660 of Section 2.00 of the
Budget Act of 2008 is amended to read:
5225-301-0660--For capital outlay,
Department of Corrections and
Rehabilitation, payable from the Public 198,630,00
Buildings Construction Fund................. 0
62,355,000
Schedule:
(.3) 61.07.029-Folsom
State Prison,
Represa: Convert
Officer and Guards
Building to Office
Space--Construction... 6,768,000
(.5) 61.10.101-California
Men's Colony, San
Luis Obispo: Central
Kitchen Replacement-
-Working drawings and
construction.......... 15,263,000
(1) 61.12.027-San Quentin
State Prison:
Condemned Inmate
Complex--Working
drawings and
construction.......... 136,275,000
(2) 61.15.035-California
Rehabilitation
Center, Norco:
Replace Men's Dorms-
-Construction......... 14,993,000
(3) 61.22.006-Chuckwalla
Valley State Prison,
Blythe: Wastewater
Treatment Plant
Improvements-
-Construction......... 25,331,000
Provisions:
1. 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
construction of the projects
authorized by this item.
2. The Department of Corrections and
Rehabilitation 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
projects.
3. 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 Department of Corrections and
Rehabilitation from the
requirements of the California
Environmental Quality Act. This
provision is declaratory of
existing law.
4. Notwithstanding any other
provision of law, the funds
appropriated in this item shall
be available for expenditure
during the 2008-09 fiscal year,
except appropriations for
acquisitions which shall be
available for expenditure until
June 30, 2011, appropriations for
working drawings which shall be
available for expenditure until
June 30, 2010, and appropriations
for construction which shall be
available for expenditure until
June 30, 2013. In addition, the
balance of the funds appropriated
for construction that have not
been allocated, through fund
transfer or approval to bid, by
the Department of Finance on or
before June 30, 2011, shall
revert as of that date to the
fund from which the appropriation
was made.
SEC. 3. Item 5225-491 of Section 2.00 of the
Budget Act of 2008 is amended to read:
5225-491--Reappropriation, Department of
Corrections and Rehabilitation. The balances
of the appropriations provided in the
following citations are reappropriated for
the purposes and subject to the limitations,
unless otherwise specified, provided for in
the appropriations:
0660-- Public Buildings Construction Fund
(1) Item 5240-301-0660, Budget Act of
2003 (Ch. 157, Stats. 2003)
(4) 61.12.027-California State Prison-
San Quentin, San Quentin:
Condemned Inmate Complex--
Preliminary plans, working
drawings, and construction
(2) Item 5225-301-0660, Budget Act of
2005 (Chs. 38 and 39, Stats. 2005)
(2) 61.04.040-California Correctional
Institution, Tehachapi:
Wastewater Treatment Plant
Renovation--Construction
0747--1988 Prison Construction Fund
(1) Item 5225-301-0747, Budget Act of
2005 (Chs. 38 and 39, Stats. 2005)
(1) 61.27.002-Wasco State Prison,
Wasco: Prescreening Facility at
Wastewater Treatment Plant-
-Construction
SECTION 1. Section 163 of the Military and
Veterans Code is amended to read:
163. The Adjutant General shall perform those duties as are
prescribed in this code and any additional duties consistent with the
regulations and customs of the United States Army, United States Air
Force, and United States Navy as may be prescribed by the Governor.
The Adjutant General shall issue all orders in the name of the
Governor.
