Bill Text: CA SB71 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State agencies: boards, commissions, and reports.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-28 - Chaptered by Secretary of State. Chapter 728, Statutes of 2012. [SB71 Detail]
Download: California-2011-SB71-Amended.html
Bill Title: State agencies: boards, commissions, and reports.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-28 - Chaptered by Secretary of State. Chapter 728, Statutes of 2012. [SB71 Detail]
Download: California-2011-SB71-Amended.html
BILL NUMBER: SB 71 AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 24, 2012 AMENDED IN ASSEMBLY JUNE 14, 2011 AMENDED IN ASSEMBLY MARCH 14, 2011 INTRODUCED BY Committee on Budget and Fiscal Review JANUARY 10, 2011An act to amend and supplement the Budget Act of 2011 by amending Items 0250-101-0932, 0250-111-0001, 0502-001-9730, 0520-001-0044, 0520-011-0890, 0530-001-0001, 0530-001-0890, 0530-001-9732, 0530-017-3163, 0540-001-0005, 0540-001-0140, 0540-001-0890, 0540-001-6029, 0540-001-6031, 0552-001-0001, 0555-001-0044, 0555-001-0890, 0690-001-0001, 0690-102-0001, 0690-102-0241, 0690-112-0001, 0820-001-0001, 0840-001-0001, 0840-001-0970, 0845-001-0217, 0845-101-0217, 0890-001-0001, 0950-001-0001, 0971-001-0528, 1110-001-0770, 1730-001-0001, 1730-001-0242, 1760-001-0602, 1920-011-0001, 2240-001-0648, 2240-001-0890, 2240-001-6038, 2240-101-0001, 2240-101-0890, 2240-101-6038, 2320-001-0317, 2600-001-0042, 2660-001-0042, 2660-001-0890, 2660-002-3007, 2660-004-6055, 2660-004-6056, 2660-004-6058, 2660-004-6064, 2660-004-6072, 2660-102-0890, 2660-104-6043, 2660-104-6055, 2660-104-6056, 2660-104-6060, 2660-104-6062, 2660-302-0042, 2660-302-0890, 2660-304-6043, 2660-304-6055, 2660-304-6056, 2660-304-6059, 2660-304-6072, 2665-004-6043, 2740-001-0044, 2740-001-0064, 3340-001-0001, 3340-001-0318, 3360-001-0382, 3360-001-0465, 3480-001-0001, 3480-001-3046, 3480-001-6031, 3480-001-6051, 3500-001-0133, 3540-001-0001, 3600-001-0001, 3600-001-0200, 3600-001-0320, 3600-001-3103, 3600-001-6051, 3600-301-0235, 3640-301-0262, 3640-301-0447, 3640-490, 3680-001-0516, 3680-101-0516, 3680-301-0516, 3720-001-0001, 3760-001-0565, 3760-001-6051, 3760-001-6076, 3760-301-0262, 3760-301-0371, 3760-301-0565, 3760-301-0593, 3760-301-0890, 3760-301-6051, 3760-301-6076, 3790-001-0235, 3790-001-0392, 3790-301-6051, 3790-490, 3790-491, 3790-492, 3790-496, 3810-301-0941, 3810-301-6031, 3810-301-6051, 3810-490, 3825-301-6051, 3830-301-0104, 3835-490, 3845-301-0140, 3850-301-6029, 3860-001-0001, 3860-001-0140, 3860-001-6051, 3860-001-6052, 3875-001-0001, 3940-001-0001, 3940-001-0193, 3940-001-0439, 3960-001-0014, 4140-001-0121, 4170-001-0001, 4170-001-0890, 4170-101-0001, 4170-101-0890, 4200-001-0001, 4200-001-3113, 4200-102-0001, 4200-103-0001, 4260-001-0001, 4260-001-0890, 4260-017-0001, 4260-017-0890, 4260-101-0001, 4260-101-0080, 4260-101-0890, 4260-101-3173, 4260-102-0001, 4260-102-0890, 4260-105-0001, 4260-106-0890, 4260-111-0001, 4260-111-0080, 4260-111-0890, 4260-113-0001, 4260-113-0890, 4260-117-0001, 4260-117-0890, 4265-001-0001, 4265-001-0007, 4265-001-0234, 4265-001-0890, 4265-011-0080, 4265-111-0001, 4256-111-0009, 4265-111-0231, 4265-111-0890, 4280-001-0001, 4280-001-0890, 4280-101-0001, 4280-101-0890, 4280-101-3156, 4280-102-0001, 4280-102-0890, 4280-102-3156, 4280-103-0890, 4280-103-3055, 4280-111-0232, 4280-111-0233, 4280-111-0236, 4280-112-0233, 4280-112-3133, 4300-003-0001, 4300-004-0001, 4300-101-0001, 4300-101-0172, 4300-101-0890, 4440-001-0001, 4440-001-0890, 4440-001-3085, 4440-011-0001, 4440-101-0001, 4440-101-0890, 4440-103-3085, 4440-105-3085, 4440-295-3085, 5160-001-0001, 5160-001-0890, 5170-001-0890, 5175-001-0001, 5175-001-0890, 5175-002-0001, 5175-002-0890, 5175-101-0001, 5175-101-0890, 5180-001-0001, 5180-001-0890, 5180-101-0001, 5180-101-0122, 5180-101-0890, 5180-101-8004, 5180-111-0001, 5180-141-0001, 5180-141-0890, 5180-151-0001, 5180-151-0890, 5180-153-0001, 5180-153-0890, 5225-001-0001, 5225-001-0890, 5225-002-0001, 5225-011-0001, 5225-101-0001, 5225-301-0001, 5225-491, 6110-001-0001, 6110-001-0890, 6110-101-0231, 6110-102-0890, 6110-112-0890, 6110-113-0001, 6110-113-0890, 6110-119-0890, 6110-125-0890, 6110-134-0890, 6110-136-0890, 6110-137-0890, 6110-156-0890, 6110-161-0001, 6110-161-0890, 6110-166-0001, 6110-166-0890, 6110-170-0001, 6110-180-0890, 6110-193-0890, 6110-195-0890, 6110-196-0001, 6110-196-0890, 6110-197-0890, 6110-201-0890, 6110-203-0001, 6110-211-0001, 6110-212-0001, 6110-240-0890, 6110-485, 6110-488, 6360-001-0408, 6440-001-0001, 6440-001-0234, 6440-001-8054, 6610-001-0001, 6610-401, 6870-101-0001, 6870-111-0001, 6870-295-0001, 7980-101-0001, 7980-101-0784, 7980-101-0890, 7100-001-0869, 7100-001-0870, 7100-002-0001, 7100-011-0588, 8380-001-0001, 8570-001-0001, 8570-001-0111, 8570-001-0516, 8570-004-0001, 8570-101-0001, 8660-001-0462, 8660-001-0890, 8660-001-3089, 8830-001-0001, 8840-001-0001, 8860-001-0001, 8860-001-6065, 8860-001-9740, 8860-011-0494, 8860-011-0797, 8860-011-0988, 8880-001-9737, 8880-001-9740, 8880-011-0001, 8885-295-0001, 8940-001-0001, 8955-001-0001, 9300-101-0001, 9620-001-0001, 9800-001-0001, 9800-001-0494, and 9800-001-0988 of, by adding Items 0250-490, 0250-491, 0520-001-0918, 0540-490, 0540-495, 0820-003-0001, 0820-011-0001, 0820-011-0378, 0911-001-0001, 1730-001-8064, 1730-001-8065, 1730-001-8066, 1730-001-8067, 1760-490, 1760-491, 2240-490, 2400-001-0890, 2660-304-6064, 2660-490, 2665-304-0890, 2665-304-6043, 2665-305-0890, 2665-305-6043, 2720-491, 2740-490, 2740-495, 3110-101-0140, 3110-101-0516, 3125-301-0262, 3125-301-0286, 3125-301-0890, 3125-301-6029, 3125-301-6031, 3125-490, 3125-491, 3125-492, 3125-493, 3125-494, 3125-495, 3125-496, 3340-492, 3480-491, 3480-492, 3500-404, 3500-405, 3540-001-3063, 3540-301-0668, 3540-494, 3600-301-3103, 3600-301-6051, 3600-491, 3640-492, 3640-493, 3720-001-0565, 3790-103-6029, 3790-401, 3790-493, 3790-494, 3790-497, 3810-496, 3825-301-6031, 3825-490, 3850-495, 3850-496, 3860-490, 3860-491, 3860-492, 3860-493, 3860-495, 3875-001-0140, 3940-490, 3940-491, 3940-492, 3940-496, 3960-001-0456, 4265-111-6051, 4265-401, 4265-491, 4300-491, 4440-103-0001, 5180-495, 5225-006-0001, 5225-007-0001, 5225-401, 6110-001-3170, 6110-490, 6110-492, 6440-301-0668, 6440-302-0668, 6440-492, 6440-493, 6440-494, 6610-301-0668, 6610-301-6028, 6610-492, 6610-493, 6610-495, 6870-301-6049, 6870-491, 6870-492, 6870-494, 7100-001-0871, 7100-012-0890, 8380-496, 8570-491, 8955-011-8048, and 8955-301-3013 to, and by repealing Items 0520-001-0890, 0820-003-3086, 1730-001-8022, 1730-001-8053, 1730-001-8055, 1730-001-8056, 3790-101-6029, 3790-102-6029, 3860-001-0744, 3860-101-6051, 6110-103-0890, 8570-011-0191, 8570-101-0191, 8570-102-0001, 8570-111-0001, 8570-403, and 9860-301-0001 of, Section 2.00 of, and by amending Sections 3.60, 3.90, 3.91, 8.88, 12.00, 12.32, 17.00, 26.00, 28.50, 35.50, 39.00, 99.00, and 99.50 of, and by adding Sections 3.93, 8.25, and 25.05 to, that act, relating to the State Budget, making an appropriation therefor, to take effect immediately, Budget Bill.An act to amend Sections 1917.1, 2028.5, 3627, 4076.5, 5092, 5093, 5094.6, 12104, and 19622.2 of, and to repeal Sections 2023, 2028, 2168.5, 3628, 3640.1, 5094.5, and 7139.7 of, the Business and Professions Code, to repeal Section 9527 of the Commercial Code, to amend Sections 14030.2, 14037.7, and 14076 of the Corporations Code, to amend Sections 1986, 17285, 17292.5, 20080, 22352, 24400, 42263, 48005.45, 52314, 53101, and 66040.7 of, and to repeal Sections 8007, 18884, 20081, 20082, and 22218.5 of, the Education Code, to amend Sections 7571 and 17555, of the Family Code, to amend Sections 456, 1727, 1850, 2079, 2086, 2861, and 7862 of, and to repeal Sections 1363.5, 1851, 3409, 3864, 4904, and 8610.10 of the Fish and Game Code, to repeal Sections 12794.5, 54446, and 58591 of the Food and Agricultural Code, to amend Sections 8169.5, 8587.5, 13103.5, 14453, 14613.7, 15438.6, 16367.5, 16428.6, 17562, 19849.11, 22959.6, 30061, and 64000 of, to repeal Sections 8164, 11535, 12805.4, 14051, 14556.36, 14714, 15813.6, 20233, and 20238 of, to repeal Article 3 (commencing with Section 11675) of Chapter 6 of Part 1 of Division 3 of Title 2 of, to repeal Article 5 (commencing with Section 14760) of Chapter 5 of Part 5.5 of Division 3 of Title 2 of, the Government Code, to repeal Sections 63.6 and 1159.5 of the Harbors and Navigations Code, to amend Sections 1342.7, 1357.16, 1626, 24275, 25150.7, 25174, 25299.50, 43105.5, 44003, 44014.6, 44024, 44081.6, 44100, 44104.5, 100500, 104200, 109951, 110552, 111198, 120910, 120955, 121285, 121340, 123516, 124 174.5, 124590, 128600, 130252 of, and to repeal Sections 25244.11, 25299.112, 102920, 103641, 120476, 124925, 128557.5 of, the Health and Safety Code, to amend Section 15002 of, to repeal Section 1872.1 of the Insurance Code, to amend Sections 111, 3201.5, 3201.7, 3716.1, 4755, and 5502 of the Labor Code, to amend Section 431 of the Military and Veterans Code, to amend Sections 3049.5, 3050, 4801, 6031.2, 6131, 6242.6, 8061, 11501, 13777, and 13847 of, to add Section 13820.1 to, and to repeal Sections 999y and 1174.7 of, the Penal Code, to amend Section 10262.5 of the Public Contract Code, to amend Sections 4124, 4137, 4214, 5004.5, 5095.53, 5096.162, 5096.242, 5096.320, 5096.340, 5631, 6217.8, 6331.5, 25401.9, 25722.5, 25722.8, 32556, 41821.5, and 71211 of, to amend, repeal, and add Section 30404 of, to repeal Sections 4612, 5632, 12290, 12291, 29773.5, 30533, 32556.2, 42889.3, 47123, and 5096.829 of, the Public Resources Code, to amend Section 185032 of, to repeal Section 9502 of, the Public Utilities Code, to amend Sections 8352.4 and 10752.2 of the Revenue and Taxation Code, to amend Sections 97, 164.56, 182.8, 2424, and 30161.5 of the Streets and Highways Code, to repeal Section 9907 of the Unemployment Insurance Code, to amend Sections 9250.7, 9250.14, and 9250.19 of the Vehicle Code, to amend Sections 162, 1228.2, 13369, 13396.9, 79083, and 79555 of, and to repeal Sections 138.9 and 78684.13 of the Water Code, to amend Sections 1760.8, 4024, 6601, 10605.2, 10614.5, 10791, 11265.5, 14005.30, 14021.31, 14022.4, 14067, 14087.305, 14089, 14089.05, 14091.3, 14094.3, 14132, 14133.9, 14161, 14521.1, 14701, 18901.2, and 18993.8 of, and to repeal Section 19106 of, the Welfare and Institutions Code, to amend Section 2 of Chapter 133 of the Statutes of 1984, to amend Section 1 of Chapter 1436 of the Statutes of 1988, to amend Section 5 of Chapter 585 of the Statutes of 1993, to amend Section 3 of Chapter 1030 of the Statutes of 1993, to amend Section 1 of Chapter LEGISLATIVE COUNSEL'S DIGEST SB 71, as amended, Committee on Budget and Fiscal Review.Budget Act of 2011.State agencies: boards, commissions, and reports. (1) Existing law requires that various state agencies submit certain reports, plans, evaluations, and other similar documents to the Legislature and other state agencies. This bill would eliminate the that certain state agencies submit certain reports to the Legislature and other state agencies relating to a variety of subjects. The bill would also modify various requirements of certain reports by, among other ways, requiring specified reports be placed on the Internet Web site of the reporting agency rather than submitted to the Legislature or other state agencies, requiring certain agencies to collaborate with other agencies in preparing specified reports, consolidating certain reports, deleting the requirement that specified state agencies make specified information available on their Internet Web sites, and transferring reporting duties from one agency to another. This bill would make various conforming changes. (2) Existing law requires the Board of Corrections to report on various dates to the Legislature regarding the inspection and status of local and juvenile detention or jail facilities. This bill would, instead, require the Board of State and Community Corrections to prepare those reports to the extent funds are available. The bill would also require the Board of State and Community Corrections to, to the extent funds are available, prepare an annual report to the Joint Legislative Budget Committee containing specified information related to specified grant programs. (3) Existing law requires the California Emergency Management Agency to manage or oversee various grant programs. This bill would require the California Emergency Management Agency to, to the extent funds are available, prepare, in consultation with the Director of Finance, an annual report to the Joint Legislative Budget Committee containing specified information related to specified grant programs. (4) Existing law requires the Secretary of the Natural Resources Agency to convene a committee to develop and submit to the Governor and the Legislature, on or before December 31, 2008, a Strategic Vision for a Sustainable Sacramento-San Joaquin Delta. This bill would repeal the provisions establishing that committee. (5) Existing law, the Naturopathic Doctors Act, provides for the licensure and regulation of naturopathic doctors by the Naturopathic Medicine Committee within the Osteopathic Medical Board of California. Existing law also requires the committee to establish a naturopathic childbirth attendance advisory subcommittee to issue recommendations concerning the practice of naturopathic childbirth attendance based upon a review of naturopathic medical education and training, as specified. This bill would repeal the provisions providing for the establishment of this subcommittee. (6) Existing law provides for the licensure and regulation of accountants by the California Board of Accountancy. Existing law requires an applicant for an accountancy license to complete a minimum of 24 semester units in accounting subjects and a minimum of 24 semester units in business-related subjects. Existing law, on and after January 1, 2014, requires an applicant for an accountancy license to complete an additional 10 semester units or 15 quarter units in ethics study and 20 units in accounting study. Existing law establishes the Advisory Committee on Accounting Ethics Curriculum within the jurisdiction of the board to, by January 1, 2012, recommend guidelines for the ethics study requirement to the board. This bill would repeal the provisions establishing the Advisory Committee on Accounting Ethics Curriculum and would make related conforming and technical changes. (7) Existing law establishes the Committee of Executive Salaries, and requires the committee to study issues relating to executive salaries in the private and public sector, and to report to the Legislature on a biannual basis its findings and recommended changes. This bill would repeal the provisions establishing the committee. (8) Existing law requires the State Department of Public Health to regulate certain types of candy, as defined, and requires the department to convene an interagency collaborative to serve as an oversight committee for the implementation of those provisions and to work with the department in establishing and revising the required standards. This bill would repeal those provisions establishing the interagency collaborative and would make technical and conforming changes. (9) Existing law creates the Fraud Division within the Department of Insurance to enforce specific provisions of law regarding crimes against insured property and insurance fraud reporting. Existing law creates the advisory committee on automobile insurance fraud and economic automobile theft prevention within the division to recommend ways to coordinate the investigation, prosecution, and prevention of automobile insurance claims fraud, and to provide assistance to the division towards implementing the goal of reducing the frequency and severity of fraudulent automobile insurance claims, among other things. This bill would repeal the provisions establishing the advisory committee. (10) This bill would make various technical and conforming changes.SB 69, as proposed by Conference Report No. 1 on March 7, 2011, would make appropriations for the support of state government for the 2011-12 fiscal year.This bill would make revisions to those appropriations in SB 69 for the 2011-12 fiscal year.This bill would become operative only if SB 69, as proposed by Conference Report No. 1 on March 7, 2011, is enacted on or before January 1, 2012.This bill would declare that it is to take effect immediately as a Budget Bill.Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1917.1 of the Business and Professions Code is amended to read: 1917.1. (a) The committee may grant a license as a registered dental hygienist to an applicant who has not taken a clinical examination before the committee, if the applicant submits all of the following to the committee: (1) A completed application form and all fees required by the committee. (2) Proof of a current license as a registered dental hygienist issued by another state that is not revoked, suspended, or otherwise restricted. (3) Proof that the applicant has been in clinical practice as a registered dental hygienist or has been a full-time faculty member in an accredited dental hygiene education program for a minimum of 750 hours per year for at least five years preceding the date of his or her application under this section. The clinical practice requirement shall be deemed met if the applicant provides proof of at least three years of clinical practice and commits to completing the remaining two years of clinical practice by filing with the committee a copy of a pending contract to practice dental hygiene in any of the following facilities: (A) A primary care clinic licensed under subdivision (a) of Section 1204 of the Health and Safety Code. (B) A primary care clinic exempt from licensure pursuant to subdivision (c) of Section 1206 of the Health and Safety Code. (C) A clinic owned or operated by a public hospital or health system. (D) A clinic owned and operated by a hospital that maintains the primary contract with a county government to fill the county's role under Section 17000 of the Welfare and Institutions Code. (4) Satisfactory performance on a California law and ethics examination and any examination that may be required by the committee. (5) Proof that the applicant has not been subject to disciplinary action by any state in which he or she is or has been previously licensed as a registered dental hygienist or dentist. If the applicant has been subject to disciplinary action, the committee shall review that action to determine if it warrants refusal to issue a license to the applicant. (6) Proof of graduation from a school of dental hygiene accredited by the Commission on Dental Accreditation. (7) Proof of satisfactory completion of the Dental Hygiene National Board Examination and of a state or regional clinical licensure examination. (8) Proof that the applicant has not failed the examination for licensure to practice dental hygiene under this chapter more than once or once within five years prior to the date of his or her application for a license under this section. (9) Documentation of completion of a minimum of 25 units of continuing education earned in the two years preceding application, including completion of any continuing education requirements imposed by the committee on registered dental hygienists licensed in this state at the time of application. (10) Any other information as specified by the committee to the extent that it is required of applicants for licensure by examination under this article. (b) The committee may periodically request verification of compliance with the requirements of paragraph (3) of subdivision (a), and may revoke the license upon a finding that the employment requirement or any other requirement of paragraph (3) of subdivision (a) has not been met. (c) The committee shall provide in the application packet to each out-of-state dental hygienist pursuant to this section the following information: (1) The location of dental manpower shortage areas in the state. (2) Any not-for-profit clinics, public hospitals, and accredited dental hygiene education programs seeking to contract with licensees for dental hygiene service delivery or training purposes.(d) The committee shall review the impact of this section on the availability of actively practicing registered dental hygienists in California and report to the appropriate policy and fiscal committees of the Legislature by January 1, 2012. The report shall include a separate section providing data specific to registered dental hygienists who intend to fulfill the alternative clinical practice requirements of subdivision (a). The report shall include, but shall not be limited to, the following:(1) The number of applicants from other states who have sought licensure.(2) The number of registered dental hygienists from other states licensed pursuant to this section, the number of licenses not granted, and the reason why the license was not granted.(3) The practice location of registered dental hygienists licensed pursuant to this section. In identifying a registered dental hygienist's location of practice, the committee shall use medical service study areas or other appropriate geographic descriptions for regions of the state.(4) The number of registered dental hygienists licensed pursuant to this section who establish a practice in a rural area or in an area designated as having a shortage of practicing registered dental hygienists or no registered dental hygienists or in a safety net facility identified in paragraph (3) of subdivision (a).(5) The length of time registered dental hygienists licensed pursuant to this section practiced in the reported location.SEC. 2. Section 2023 of the Business and Professions Code is repealed.2023. (a) The board, in conjunction with the Health Professions Education Foundation, shall study the issue of its providing medical malpractice insurance to physicians and surgeons who provide voluntary, unpaid services as described in subdivision (b) of Section 2083, and report its findings to the Legislature on or before January 1, 2008. (b) The report shall include, but not be limited to, a discussion of the following items: (1) The cost of administering a program to provide medical malpractice insurance to the physicians and surgeons and the process for administering the program. (2) The options for providing medical malpractice insurance to the physicians and surgeons and for funding the coverage. (3) Whether the licensure surcharge fee assessed under Section 2436.5 is sufficient to fund the provision of medical malpractice insurance for the physicians and surgeons. (c) This section shall be implemented only after the Legislature has made an appropriation from the Contingent Fund of the Medical Board of California to fund the study.SEC. 3. Section 2028 of the Business and Professions Code is repealed.2028. (a) The Medical Board of California shall consult with the California State Board of Pharmacy and commission a study and report its results to the Legislature on or before January 1, 2003, on the electronic transmission of prescriptions by physicians and surgeons. (b) This report shall include recommendations on the following matters: (1) Whether the electronic transmission of prescriptions should be encouraged. (2) Methods to encourage physicians and surgeons, health care providers specified in subdivision (a) of Section 4024, and persons licensed to prescribe in another state who meet the requirements described in subdivision (b) of Section 4005 to issue prescriptions by electronic transmission. (3) Identification of systems to protect confidential personal and medical information of patients for whom prescriptions are issued using electronic transmission, including, but not limited to, the issuance of digital certification to physicians and surgeons, health care providers specified in subdivision (a) of Section 4024, and persons licensed to prescribe in another state who meet the requirements described in subdivision (b) of Section 4005 to use when transmitting prescriptions electronically. (c) "Digital certification" is an electronic signature verifying the identity of the physician and surgeon, health care provider specified in subdivision (a) of Section 4024, or person licensed to prescribe in another state who meets the requirements described in subdivision (b) of Section 4005 who is transmitting the prescription electronically.SEC. 4. Section 2028.5 of the Business and Professions Code is amended to read: 2028.5. (a) The board may establish a pilot program to expand the practice of telemedicine in this state. (b) To implement this pilot program, the board may convene a working group of interested parties from the public and private sectors, including, but not limited to, state health-related agencies, health care providers, health plan administrators, information technology groups, and groups representing health care consumers. (c) The purpose of the pilot program shall be to develop methods, using a telemedicine model, to deliver throughout the state health care to persons with chronic diseases as well as information on the best practices for chronic disease management services and techniques and other health care information as deemed appropriate.(d) The board shall make a report with its recommendations regarding its findings to the Legislature within one calendar year of the commencement date of the pilot program. The report shall include an evaluation of the improvement and affordability of health care services and the reduction in the number of complications achieved by the pilot program.SEC. 5. Section 2168.5 of the Business and Professions Code is repealed.2168.5. The Medical Board of California shall report to the Legislature by December 31, 2011, on the status of the special faculty permit program.SEC. 6. Section 3627 of the Business and Professions Code is amended to read: 3627. (a) The committee shall establish a naturopathic formulary advisory subcommittee to determine a naturopathic formulary based upon a review of naturopathic medical education and training. (b) The naturopathic formulary advisory subcommittee shall be composed of an equal number of representatives from the clinical and academic settings of physicians and surgeons, pharmacists, and naturopathic doctors. (c) The naturopathic formulary advisory subcommittee shall review naturopathic education, training, and practice and make specific recommendations regarding the prescribing, ordering, and furnishing authority of a naturopathic doctor and the required supervision and protocols for those functions.(d) The committee shall make recommendations to the Legislature not later than January 1, 2007, regarding the prescribing and furnishing authority of a naturopathic doctor and the required supervision and protocols, including those for the utilization of intravenous and ocular routes of prescription drug administration. The naturopathic formulary advisory subcommittee and the committee shall consult with physicians and surgeons, pharmacists, and licensed naturopathic doctors in developing the findings and recommendations submitted to the Legislature.SEC. 7. Section 3628 of the Business and Professions Code is repealed.3628. (a) The committee shall establish a naturopathic childbirth attendance advisory subcommittee to issue recommendations concerning the practice of naturopathic childbirth attendance based upon a review of naturopathic medical education and training. (b) The naturopathic childbirth attendance advisory subcommittee shall be composed of an equal number of representatives from the clinical and academic settings of physicians and surgeons, midwives, and naturopathic doctors. (c) The naturopathic childbirth attendance advisory subcommittee shall review naturopathic education, training, and practice and make specific recommendations to the Legislature regarding the practice of naturopathic childbirth attendance. (d) The committee shall make recommendations to the Legislature not later than January 1, 2007. The naturopathic childbirth attendance advisory subcommittee and the committee shall consult with physicians and surgeons, midwives, and licensed naturopathic doctors in developing the findings and recommendations submitted to the Legislature.SEC. 8. Section 3640.1 of the Business and Professions Code is repealed.3640.1. The committee shall make recommendations to the Legislature not later than January 1, 2007, regarding the potential development of scope and supervision requirements of a naturopathic doctor for the performance of minor office procedures. The committee shall consult with physicians and surgeons and licensed naturopathic doctors in developing the findings and recommendations submitted to the Legislature.SEC. 9. Section 4076.5 of the Business and Professions Code is amended to read: 4076.5. (a) The board shall promulgate regulations that require, on or before January 1, 2011, a standardized, patient-centered, prescription drug label on all prescription medicine dispensed to patients in California. (b) To ensure maximum public comment, the board shall hold public meetings statewide that are separate from its normally scheduled hearings in order to seek information from groups representing consumers, seniors, pharmacists or the practice of pharmacy, other health care professionals, and other interested parties. (c) When developing the requirements for prescription drug labels, the board shall consider all of the following factors: (1) Medical literacy research that points to increased understandability of labels. (2) Improved directions for use. (3) Improved font types and sizes. (4) Placement of information that is patient-centered. (5) The needs of patients with limited English proficiency. (6) The needs of senior citizens. (7) Technology requirements necessary to implement the standards. (d) The board may exempt from the requirements of regulations promulgated pursuant to subdivision (a) prescriptions dispensed to a patient in a health facility, as defined in Section 1250 of the Health and Safety Code, if the prescriptions are administered by a licensed health care professional. Prescriptions dispensed to a patient in a health facility that will not be administered by a licensed health care professional or that are provided to the patient upon discharge from the facility shall be subject to the requirements of this section and the regulations promulgated pursuant to subdivision (a). Nothing in this subdivision shall alter or diminish existing statutory and regulatory informed consent, patients' rights, or pharmaceutical labeling and storage requirements, including, but not limited to, the requirements of Section 1418.9 of the Health and Safety Code or Section 72357, 72527, or 72528 of Title 22 of the California Code of Regulations. (e) (1) The board may exempt from the requirements of regulations promulgated pursuant to subdivision (a) a prescription dispensed to a patient if all of the following apply: (A) The drugs are dispensed by a JCAHO-accredited home infusion or specialty pharmacy. (B) The patient receives health-professional-directed education prior to the beginning of therapy by a nurse or pharmacist. (C) The patient receives weekly or more frequent followup contacts by a nurse or pharmacist. (D) Care is provided under a formal plan of care based upon a physician and surgeon's orders. (2) For purposes of paragraph (1), home infusion and specialty therapies include parenteral therapy or other forms of administration that require regular laboratory and patient monitoring.(f) (1) On or before January 1, 2010, the board shall report to the Legislature on its progress under this section as of the time of the report.(2) On or before January 1, 2013, the board shall report to the Legislature the status of implementation of the prescription drug label requirements adopted pursuant to this section.SEC. 10. Section 5092 of the Business and Professions Code is amended to read: 5092. (a) To qualify for the certified public accountant license, an applicant who is applying under this section shall meet the education, examination, and experience requirements specified in subdivisions (b), (c), and (d), or otherwise prescribed pursuant to this article. The board may adopt regulations as necessary to implement this section. (b) An applicant for the certified public accountant license shall present satisfactory evidence that the applicant has completed a baccalaureate or higher degree conferred by a college or university, meeting, at a minimum, the standards described in Section 5094, the total educational program to include a minimum of 24 semester units in accounting subjects and 24 semester units in business related subjects. This evidence shall be provided prior to admission to the examination for the certified public accountant license, except that an applicant who applied, qualified, and sat for at least two subjects of the examination for the certified public accountant license before May 15, 2002, may provide this evidence at the time of application for licensure. (c) An applicant for the certified public accountant license shall pass an examination prescribed by the board pursuant to this article. (d) The applicant shall show, to the satisfaction of the board, that the applicant has had two years of qualifying experience. This experience may include providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills. To be qualifying under this section, experience shall have been performed in accordance with applicable professional standards. Experience in public accounting shall be completed under the supervision or in the employ of a person licensed or otherwise having comparable authority under the laws of any state or country to engage in the practice of public accountancy. Experience in private or governmental accounting or auditing shall be completed under the supervision of an individual licensed by a state to engage in the practice of public accountancy. (e) This section shall become inoperative on January 1, 2014, but shall become or remain operative if either the educational requirements in ethics study and accounting study established by subdivision (b) of Section5094, Section 5094.5,5093 and Section 5094.6 are reduced or eliminated or if the practice privilege requirements of Sections 5096 to 5096.15, inclusive, are amended or repealed. (f) The amendment to Section 5096.12 made by the act adding this subdivision shall not be deemed an amendment of that section for purposes of subdivision (e). SEC. 11. Section 5093 of the Business and Professions Code is amended to read: 5093. (a) To qualify for the certified public accountant license, an applicant who is applying under this section shall meet the education, examination, and experience requirements specified in subdivisions (b), (c), and (d), or otherwise prescribed pursuant to this article. The board may adopt regulations as necessary to implement this section. (b) (1) An applicant for admission to the certified public accountant examination under the provisions of this section shall present satisfactory evidence that the applicant has completed a baccalaureate or higher degree conferred by a degree-granting university, college, or other institution of learning accredited by a regional or national accrediting agency included in a list of these agencies published by the United States Secretary of Education under the requirements of the federal Higher Education Act of19651965, as amended (20 U.S.C. Sec. 1001 et seq.), or meeting, at a minimum, the standards described in subdivision (c) of Section 5094. The total educational program shall include a minimum of 24 semester units in accounting subjects and 24 semester units in business-related subjects. This evidence shall be provided at the time of application for admission to the examination, except that an applicant who applied, qualified, and sat for at least two subjects of the examination for the certified public accountant license before May 15, 2002, may provide this evidence at the time of application for licensure. (2) An applicant for issuance of the certified public accountant license under the provisions of this section shall present satisfactory evidence that the applicant has completed at least 150 semester units of college education including a baccalaureate or higher degree conferred by a college or university, meeting, at a minimum, the standards described in Section 5094, the total educational program to include a minimum of 24 semester units in accounting subjects, 24 semester units in business-related subjects, and, after December 31, 2013, shall also include a minimum of 10 units of ethics study consistent with the requirements set forth in Section 5094.3 and 20 units of accounting study consistent with the regulations promulgated under subdivision(c)(a) of Section 5094.6. This evidence shall be presented at the time of application for the certified public accountant license. Nothing herein shall be deemed inconsistent with Section 5094 or 5094.6.The Advisory Committee on Accounting Ethics Curriculum established under Section 5094.5 may determine that a course or a portion of a course satisfies the ethics study requirement.Nothing herein shall be construed to be inconsistent with prevailing academic practice regarding the completion of units. (c) An applicant for the certified public accountant license shall pass an examination prescribed by the board. (d) The applicant shall show, to the satisfaction of the board, that the applicant has had one year of qualifying experience. This experience may include providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills. To be qualifying under this section, experience shall have been performed in accordance with applicable professional standards. Experience in public accounting shall be completed under the supervision or in the employ of a person licensed or otherwise having comparable authority under the laws of any state or country to engage in the practice of public accountancy. Experience in private or governmental accounting or auditing shall be completed under the supervision of an individual licensed by a state to engage in the practice of public accountancy. (e) Applicants completing education at a college or university located outside of this state, meeting, at a minimum, the standards described in Section 5094, shall be deemed to meet the educational requirements of this section if the board determines that the education is substantially equivalent to the standards of education specified under this chapter. SEC. 12. Section 5094.5 of the Business and Professions Code is repealed.5094.5. (a) There is hereby created within the jurisdiction of the board the Advisory Committee on Accounting Ethics Curriculum. For purposes of this section, "committee" means the advisory committee established under this section. (b) The committee shall consist of the following 11 members: (1) One member appointed by the California Public Employees Retirement System. (2) Two members appointed by the Regents of the University of California. These members shall be professors of business ethics or accounting who have published works on the desirability and potential contents of accounting ethics education. (3) Two members appointed by the California State University Board of Trustees. These members shall be professors of business ethics or accounting who have published works on the desirability and potential contents of accounting ethics education. (4) Two members representing the California Community Colleges appointed by the Board of Governors of the California Community Colleges. These members shall be instructors of business ethics or accounting. (5) The Senate Committee on Rules, the Speaker of the Assembly, and the board shall each appoint one member. The members appointed by the Senate Committee on Rules and the Speaker of the Assembly shall be from organized labor or consumer advocacy organizations. (6) The Governor shall appoint one California certified public accountant in public practice from a list provided by the California Society of Certified Public Accountants. (c) The term of a member of the committee shall be at the pleasure of the appointing authority. (d) The committee shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (e) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.SEC. 13. Section 5094.6 of the Business and Professions Code is amended to read:5094.6. (a) No later than June 1, 2012, the committee shall recommend to the board ethics study guidelines consisting of no less than 10 semester units to be included as a part of the education required under Section 5093. Ethics study may consist of academic courses, portions of courses, or independent study offered by degree-granting universities, colleges, or other institutions of learning accredited by a regional or national accrediting agency. Nothing herein shall be deemed inconsistent with prevailing academic practice regarding completion of units. (b)5094.6. (a) The board shall, no later than January 1, 2012, by regulation, adopt guidelines for accounting study to be included as part of the education required under Section 5093. In promulgating these regulations, the board shall consider the views of the Accounting Education Advisory Committee established under Section 5094.7.(c)(b) No later than six months following the issuance of the report by the California Research Bureau regarding the Uniform Accountancy Act's 150-hour rule, the board shall hold a hearing on the report. At the hearing, the board shall make recommendations, based on that report, to the National Association of State Boards of Accountancy and the American Institute of Certified Public Accountants for ensuring the relevancy of accountancy education to the modern practice of accounting and shall approve a plan for the board to seek the adoption of those recommendations and any others the board may recommend related to enforcement and Internet disclosure.(d)(c) For purposes of this section,the following definitions shall apply:(1) Except as provided in subdivision (c), "committee" means the Advisory Committee on Accounting Ethics Curriculum established under Section 5094.5.(2) "Ethics study guidelines" means the guidelines for the study of ethics adopted for California by the committee and the board consisting of a program of learning that provides students with a framework of ethical reasoning, professional values, and attitudes for exercising professional skepticism and other behavior that is in the best interest of the investing and consuming public and the profession. At minimum, it includes academic work or independent study and shall include a foundation for ethical reasoning and the core values of integrity, objectivity, and independence consistent with the International Education Standards-4 of the International Accountants Education Standards Board, the International Federation of Accountants Code of Ethics, and the American Institute of Certified Public Accountants Code of Professional Conduct.(3)"Accounting"accounting study" means independent study or other academic work in accounting, business, ethics, business law, or other academic work relevant to accounting and business, so as to enhance the competency of students as practitioners. SEC. 14. Section 7139.7 of the Business and Professions Code is repealed.7139.7. The board shall report to the Legislature annually on the condition of the grant program and shall include in the report the names of the public postsecondary educational institutions involved, the amount of funds granted to each of those educational institutions, the purposes for which the funds were granted to each of those recipients, the number of students involved, the number of placements made to the construction industry for the previous academic year, and any other information the board considers relevant to the program.SEC. 15. Section 12104 of the Business and Professions Code is amended to read: 12104. (a) The department shall issue instructions and make recommendations to the county sealers, and the instructions and recommendations shall govern the procedure to be followed by these officers in the discharge of their duties. (b) Instructions and recommendations which are made to insure statewide weights and measures protection shall include a local administration cost analysis utilizing data provided by the county sealer. The cost analysis shall identify the joint programs or activities for which funds necessary to maintain adequate county administration and enforcement have not been provided. The director shall develop, jointly with the county sealers, county priorities for the enforcement programs and activities of the director.(c) The director shall, upon request, report to the Legislature his or her findings concerning the cost analysis with specific regard to programs where funds are inadequate for an efficient enforcement program, together with a listing of the priorities jointly established by the director and the county sealers that are contained in the formal instructions and recommendations.SEC. 16. Section 19622.2 of the Business and Professions Code is amended to read: 19622.2. (a) The authority of the Department of Food and Agriculture shall include, but is not limited to, requiring district agricultural associations to meet all applicable standards prescribed by the Department of Food and Agriculture. (b) The department may delegate approval authority for such matters as the department may determine to the board of directors if the board complies with this section.The department shall report annually to the Joint Committee on Fairs Allocation and Classification the names of fairs that are delegated that authority.(c) Notwithstanding any other law, and in order to protect the integrity of the Fair and Exposition Fund, the department may assume any or all rights, duties, and powers of the board of directors of a district agricultural association if the department reasonably determines that there is insufficient fiscal or administrative control. The board of directors shall again exercise these rights, duties, and powers when the department determines that the fair is in compliance with this section.The department shall report annually to the Joint Committee on Fairs Allocation and Classification the names of fairs with respect to which the department has taken the action prescribed in this subdivision and subdivision (d).(d) The department may petition a court of competent jurisdiction for an order appointing the department, or a person designated by the department, as a receiver if it determines that the fair is insolvent, or is in imminent danger of insolvency. The court shall appoint a receiver upon a showing that the fair is insolvent, or is in imminent danger of insolvency. (e) For the purposes of this section, "insolvency" means that the district agricultural association is unable to discharge its debts as they become due in the usual course of business. SEC. 17. Section 9527 of the Commercial Code is repealed.9527. The Secretary of State shall report annually on or before January 31 to the Legislature on the operation of the filing office. The report must contain a statement of the extent to which both of the following apply: (1) The filing-office rules are not in harmony with the rules of filing offices in other jurisdictions that enact substantially this chapter and the reasons for these variations. (2) The filing-office rules are not in harmony with the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators, or any successor organization, and the reasons for these variations.SEC. 18. Section 14030.2 of the Corporations Code is amended to read: 14030.2. (a) The director may establish accounts within the expansion fund for loan guarantees and surety bond guarantees, including loan loss reserves. Each account is a legally separate account, and shall not be used to satisfy loan or surety bond guarantees or other obligations of another corporation. The director shall recommend whether the expansion fund and trust fund accounts are to be leveraged, and if so, by how much. Upon the request of the corporation, the director's decision may be repealed or modified by a board resolution. (b) Annually, not later than January 1 of each year commencing January 1, 1996, the director shall prepare a report regarding the loss experience for the expansion fund for loan guarantees and surety bond guarantees for the preceding fiscal year. At a minimum, the report shall also include data regarding numbers of surety bond and loan guarantees awarded through the expansion fund, including ethnicity and gender data of participating contractors and other entities, and experience of surety insurer participants in the bond guarantee program. The report shall include the information described in Section 14076 of the Corporations Code. The director shall submit that report to the Secretary of Business, Transportation and Housing for transmission to the Governor and the Legislature. SEC. 19. Section 14037.7 of the Corporations Code is amended to read: 14037.7.WithinPursuant to subdivision (f) of Section 8684.2 of the Government Code, within 60 days of the conclusion of the period for guaranteeing loans under any small business disaster loan guarantee program conducted for a disaster as authorized by Section 8684.2 of the Government Code or Section 14075, the agency shall provide a report to the Legislature on loan guarantees approved and rejected by gender, ethnic group, type of business and location, and each participating loan institution. The agency need only submit one report to comply with this section and subdivision (f) of Section 8684.2 of the Government Code. SEC. 20. Section 14076 of the Corporations Code , as added by Section 8 of Chapter 601 of the Statutes of 2007, is amended to read: 14076. (a) It is the intent of the Legislature that the corporations make maximal use of their statutory authority to guarantee loans and surety bonds, including the authority to secure loans with a minimum loan loss reserve of only 25 percent, unless the agency authorizes a higher leverage ratio for an individual corporation pursuant to subdivision (b) of Section 14037, so that the financing needs of small business may be met as fully as possible within the limits of corporations' loan loss reserves. The agency shall report annually to the Legislature on the financial status of the corporations and their portfolio of loans and surety bonds guaranteed. The agency shall include this information in the annual report submitted to the Legislature by the director pursuant to subdivision (b) of Section 14030.2. (b) Any corporation that serves an area declared to be in a state of emergency by the Governor or a disaster area by the President of the United States, the Administrator of the United States Small Business Administration, or the United States Secretary of Agriculture shall increase the portfolio of loan guarantees where the dollar amount of the loan is less than one hundred thousand dollars ($100,000), so that at least 15 percent of the dollar value of loans guaranteed by the corporation is for those loans. The corporation shall comply with this requirement within one year of the date the emergency or disaster is declared. Upon application of a corporation, the director may waive or modify the rule for the corporation if the corporation demonstrates that it made a good faith effort to comply and failed to locate lending institutions in the region that the corporation serves that are willing to make guaranteed loans in that amount. (c) This section shall become operative on January 1, 2013. SEC. 21. Section 1986 of the Education Code is amended to read: 1986. (a) The Legislature hereby recognizes that community schools are a permissive educational program. (b) If a county superintendent of schools elects to operate a community school pursuant to this chapter, he or she shall do one or more of the following: (1) Utilize available school facilities that conform to the requirements of Part 2 (commencing with Section 2-101), Part 3 (commencing with Section 3-089-1), Part 4 (commencing with Section 4-403), and Part 5 (commencing with Section 5-102), of Title 24 of the California Code of Regulations. (2) Apply for emergency portable classrooms pursuant to Section 17717.2 or Chapter 25 (commencing with Section 17785) of Part 10. (3) Enter into lease agreements provided that the facilities are limited to one of the following: (A) Single story, wood-framed structure. (B) Single story, light steel frame structure. (C) A structure where a structural engineer has submitted a report that determines substantial structural hazards do not exist. The county board of education shall review the report prior to approval of the lease and may reject the report if there is any evidence of fraud regarding the facts in the report. (c) Before entering into any lease pursuant to paragraph (3) of subdivision (b), the county superintendent of schools shall certify that all reasonable efforts have been made to locate community schools in facilities that conform to the structural safety standards listed in paragraph (1) of subdivision (b).(d) On or before September 1, 1993, and every three years thereafter, each county superintendent of schools shall report to the State Allocation Board on the facilities utilized for the operation of community schools and efforts to place community school programs in facilities that conform with the requirements of Part 2 (commencing with Section 2-101), Part 3 (commencing with Section 3-089-1), Part 4 (commencing with Section 4-403), and Part 5 (commencing with Section 5-102), of Title 24 of the California Code of Regulations.(e)(d) This section shall become operative on July 1, 1990. SEC. 22. Section 8007 of the Education Code is repealed.8007. The State Department of Education and the Board of Governors of the California Community Colleges shall submit the following reports each year to the Legislature: (a) An annual descriptive report containing information on career technical education and technical training programs, including regional occupational centers and programs. The report shall be coordinated with federal evaluation requirements pursuant to Section 113 of Title I of the Carl D. Perkins Vocational and Technical Education Act of 1998 (P.L. 105-332; 20 U.S.C. Sec. 2323) and shall contain all of the following: (1) Enrollment defined in terms of secondary pupils, postsecondary students, and adults. (2) The number of graduates of programs and students participating in career technical education. (3) The number of pupils participating in career technical education. (4) The number of pupils completing a specific career technical education program. (5) The number of pupils in grade 12 that complete a career technical education program. (6) The number of pupils in grade 12 that complete a career technical education program and earn a high school diploma. (b) An annual individual program evaluation derived from a representative sample of participating districts and schools containing information on program effectiveness as measured by: (1) The extent to which persons who complete the program find employment in occupations related to their training. (2) Other factors as determined in Budget Act language pursuant to Section 33404. (c) A copy of the annual state plan for career technical education.SEC. 23. Section 17285 of the Education Code is amended to read: 17285. (a) Notwithstanding any provision of law except Sections 17286, 17287, 17405, and this section, a leased building that does not meet the requirements of Section 17280 may not be used as a school building, as defined in Section 17283, after September 1, 1990. (b) A school district may lease a commercial building prior to January 1, 2003, that does not meet the requirements of Section 17280, for use as a school building, as defined in Section 17283, if the governing board of the district finds that all of the following conditions have been met: (1) The building was constructed in accordance with seismic safety standards for commercial buildings constructed within an earthquake zone. (2) The building permit for the initial construction of the building was issued on or after January 1, 1990. (3) A structural engineer has inspected the building and submitted a report to the governing board of the school district that certifies that the building is in substantial compliance with the requirements of the Field Act. This certification requirement is satisfied if the structural engineer affixes his or her seal of approval to the report and he or she attests in that report that to the best of his or her knowledge: (A) He or she has reviewed the design calculations, construction documents, and the local government construction inspection records of the building to the extent available. (B) He or she has authorized testing and has observed or reviewed the test results and the inspections of an adequate sample of the structure's welds, anchor bolts, and other structural elements. (C) He or she has observed that the overhead nonstructural elements, including, but not limited to, light fixtures, heating, and air-conditioning diffusers are adequately braced or anchored. The governing board of the school district shall submit the report to the Division of the State Architect for its review. The Division of the State Architect has one month to review the report for compliance with the above requirements, and to provide feedback to the structural engineer regarding any insufficiencies with the report, and whether or not the building is in substantial compliance with the requirements of the Field Act. If the Division of the State Architect does not respond within one month of the final and complete report being submitted, the Division of the State Architect will be deemed to have concurred with the structural engineer's report. A final decision by the governing board of the school district to occupy the building for school purposes shall not occur until the governing board has reviewed and considered the feedback of the Division of the State Architect, or the one month review period has passed. No member of the governing board of a school district, nor any employee of a school district, shall be held personally liable for injury to persons or damage to property resulting from the fact that the governing board of the school district used a commercial building pursuant to this subdivision for a school and the building was not constructed under the requirements of Section 17280. This exemption from personal liability for members of the governing board and employees of a school district is not intended to limit the liability of the school district for injury to persons or damage to property resulting from the fact that the governing board or any employee of the school district used a commercial building pursuant to this subdivision for a school and the building was not constructed under the requirements of Section 17280. This exemption from personal liability for members of the governing board and employees of a school district is not intended to limit the liability of the school district, the governing board or the district's employees pursuant to Section 835 of the Government Code. Section 17312 is not applicable to a person who, pursuant to this section, leases or uses a building for a school building that meets the requirements of this section but does not meet the requirements of Section 17280. Approval and use of a building pursuantto subdivision (b) of Section 17285this subdivision does not constitute a violation of the Field Act. (c) A building leased pursuant to Section 17280 may be used after September 1, 1991, as a regional occupational center or program that does not meet the requirements of Section 17280, provided the building satisfies all of the following conditions: (1) The facility is one of the following: (A) A single-story, wood-framed structure. (B) A single-story, light steel frame structure. (C) A structure for which a structural engineer has submitted a report that certifies that substantial structural hazards do not exist, as to that structure. The governing board of the regional occupational center or program, as provided for under Section 52310.5, shall review the report prior to approval of the lease and may reject the report if there is any evidence of fraud regarding the facts in the report. (2) The building or structure complies with all applicable local building standards and all applicable local health and safety standards in the community in which it is located. (3) The governing board of the regional occupational center or program, as provided for under Section 52310.5, certifies to the State Allocation Board that reasonable efforts have been made to locate the regional occupational center or program in facilities that conform to the seismic safety standards set forth in Part 2 (commencing with Section 2-101), Part 3 (commencing with Section 3-089-1), Part 4 (commencing with Section 4-403), and Part 5 (commencing with Section 5-102), of Title 24 of the California Code of Regulations.(d) On or before September 1, 1994, and every three years thereafter, each governing board of a regional occupational center or program shall report to the State Allocation Board on the facilities utilized for the operation of that center or program and on efforts to place the center or program in facilities that conform to the seismic safety standards described in paragraph (3) of subdivision (b).SEC. 24. Section 17292.5 of the Education Code is amended to read: 17292.5. (a) If the governing board of a school district operates a program for expelled pupils, the governing board shall do one or more of the following: (1) Utilize available school facilities that conform to the requirements of Part 2 (commencing with Section 2-101), Part 3 (commencing with Section 3-089-1), Part 4 (commencing with Section 4-403), and Part 5 (commencing with Section 5-102), of Title 24 of the California Code of Regulations. (2) Apply for emergency portable classrooms pursuant to Chapter 25 (commencing with Section 17085) of Part 10. (3) Enter into lease agreements for facilities, provided that the facilities are limited to a structure where a structural engineer has submitted a report that determines substantial structural hazards do not exist. (b) Before entering into any lease pursuant to paragraph (3) of subdivision (a), the governing board of the school district shall certify to the State Allocation Board that all reasonable efforts have been made to locate the program in facilities that conform to the structural safety standards listed in paragraph (1) of subdivision (a).(c) On or before September 1, 1996, and every three years thereafter, each school district shall report to the State Allocation Board on the facilities utilized for the operation of these programs and efforts to place programs in facilities that conform with the requirements of Part 2 (commencing with Section 2-101), Part 3 (commencing with Section 3-089-1), Part 4 (commencing with Section 4-403), and Part 5 (commencing with Section 5-102), of Title 24 of the California Code of Regulations.SEC. 25. Section 18884 of the Education Code is repealed.18884. The State Librarian shall provide a report by March 1, 2004, to the Legislature that includes, but is not limited to, all of the following information: (a) The amount of funding allocated pursuant to this chapter. (b) The number of libraries or schools participating in the program. (c) The types of services to be provided with funds received pursuant to this chapter. (d) The number of English language learners participating in the program. (e) The number of parents or adults participating in the program.SEC. 26. Section 20080 of the Education Code is amended to read: 20080. The endowment shall undertake a comprehensive survey of the state of cultural and historical preservation, accessibility, and interpretation in California, and report to the Governor and the Legislature. In conducting the survey, the endowment shall coordinate with existing state agencies, including the California Arts Council, the Department of Parks and Recreation, and the Secretary of State. The report shall include all of the following: (a) A survey of elements in California's existing assemblage of buildings, sites, artifacts, museums, cultural landscapes, trails, illustrations, the arts and artistic expressions, written materials, and displays and interpretive centers that are missing or underrepresented, such as if current facilities, materials, and services leave out, misrepresent, or inadequately present some important thread of the story of California as a unified society or of the many groups of people that together comprise historic and modern California. (b) Recommendations for steps that should be taken to fill in the missing or underrepresented elements identified in subdivision (a). (c) Recommendations for the manner of transferring the Office of Historic Preservation in the Department of Parks and Recreation to the endowment, consistent with the Legislature's intent expressed in Section 20052.5. (d) Recommendations for additional steps that should be taken to better preserve and administer cultural and historic resources efficiently and effectively, including additional actions that should be taken to improve the governmental structures responsible for historic and cultural preservation in California, including oversight and support of museums. In particular, the endowment shall examine the feasibility and desirability of establishing the endowment as a separate institution in state government, without ties to any existing agency or department, although under the general authority of the Governor. The endowment shall also identify the most appropriate chair, or the most appropriate method for selecting the chair, of its board. (e) A survey of the capacities and fiscal conditions of public, nonprofit, and other private entities in California that provide cultural and historical facilities and services, including museums. (f) Recommendations for the future financing of cultural and historical programs provided by public agencies and nonprofit agencies in California, including museums. (g) Recommendations for programs to encourage the historic maintenance and restoration of properties in private ownership, including, but not limited to, a state tax credit for restoration of historic properties that maintain historic integrity, property tax deferral as long as a property's historic integrity is maintained, and low interest loans. (h) A study of the economic impact of the preservation and interpretation of cultural and historic resources in the state. This should include the economic benefits resulting from the preservation of historic commercial and residential properties and sites, and from historic and cultural tourism activities. SEC. 27. Section 20081 of the Education Code is repealed.20081. In preparing its report pursuant to Section 20080, the endowment shall conduct public hearings throughout the state on this subject and shall invite persons of diverse groups and ethnic backgrounds to share their input on the matter, including comment on the needs of all types of cultural and historical resource organizations and programs in California.SEC. 28. Section 20082 of the Education Code is repealed.20082. The report prepared pursuant to this article shall be delivered to the Governor and the Legislature by November 1, 2005. The endowment shall report annually to the Governor and the Legislature on its progress towards completion of the report, until the report is completed.SEC. 29. Section 22218.5 of the Education Code is repealed.22218.5. The board, on March 1, 1995, and annually thereafter, shall report to the fiscal committees of the Legislature and to the Director of Finance the return on investments and actual payroll subject to the system for the prior fiscal year.SEC. 30. Section 22352 of the Education Code is amended to read: 22352.(a)Upon a finding by the board that necessary investment expertise is not available within existing civil service classifications, and with the approval of the State Personnel Board, the board may contract with qualified investment managers having demonstrated expertise in the management of large and diverse investment portfolios to render service in connection with the investment program of the board.(b) The board shall report to the Governor, the Legislature, and the Joint Legislative Budget Committee on the nature, duration, and cost of investment contract services used. The report shall first be submitted in April 1987, and annually in April of every year thereafter.SEC. 31. Section 24400 of the Education Code is amended to read: 24400. The Legislature recognizes that inflation erodes the purchasing power of benefits paid under the plan under this part. It is the intent of the Legislature to understand the degree of erosion of these benefits.The board shall report to the Governor and Legislature no later than June 1 of each year on the extent to which inflation has eroded the purchasing power of benefits provided under the Defined Benefit Program. The board shall indicate the amount of supplementary increases in retirement allowances required to preserve the purchasing power of benefits provided by the Defined Benefit Program. The board shall also determine and report on the increases.SEC. 32. Section 42263 of the Education Code is amended to read: 42263. (a) Commencing in the 1990-91 fiscal year, year-round school grants, in addition to those grants authorized under Section 42262, shall be awarded annually for the operation ofmultitrackyear-round education programs to school districts that meet the criteria specified in this section, in addition to the criteria otherwise applicable under this article. (b) For each fiscal year, for each schoolsite for which a school district applies for funding under this article, the district shall certify the number of pupils in excess of the capacity of the schoolsite, as determined by State Allocation Board or court-mandated pupil loading standards, for which the district elects to claim funding under this article. The excess pupil capacity calculated for purposes of this subdivision shall reflect only the additional capacity that has been generated as a result of operation on a multitrack year-round basis, and shall not reflect increased capacity generated by any other means. A school district shall be eligible for funding under this section only as to any schoolsite for which the pupil population certified by the district exceeds the capacity of the schoolsite by not less than 5 percent. (c) To the extent funding is made available for the purposes of this section, the Superintendent of Public Instruction shall allocate to an applicant school district, for each schoolsite that qualifies for funding under subdivision (b), an amount equal to the district's share of the product of the statewide average cost avoided per pupil, as established under subdivision (e), and the number of pupils certified by the district under subdivision (b). For purposes of this subdivision, a district's share shall be determined according to the percentage by which the number of certified pupils reflects an increase in the capacity of the schoolsite, as follows: District's Share 1. Less than 5% 0% 2. Equal to or greater than 5% but 50% less than 10% 3. Equal to or greater than 10% but 67% less than 15% 4. Equal to or greater than 15% but 75% less than 20% 5. Equal to or greater than 20% but 85% less than 25% 6. Equal to or greater than 25% 90% (d) (1) The State Allocation Board shall calculate the statewide average cost avoided per pupil under Chapter 12.5 (commencing with Section 17070.10) of Part 10 through the operation of school facilities on a multitrack year-round basis, based on the following school facilities cost components: (A) The cost of facilities construction. (B) The cost of land acquisition. (C) Relocation costs in connection with land acquisition. (D) State costs incurred as a result of interest that would be paid by the state for debt service on state general obligation bond financing to construct new school facilities under Chapter 12.5 (commencing with Section 17070.10) of Part 10. (2) The calculation of costs under subparagraphs (B) and (C) of paragraph (1) shall exclude data from the lowest quartile and the highest quartile. (3) The State Allocation Board shall calculate the statewide average cost avoided per pupil, pursuant to this subdivision, on the basis of the 1990-91 and 1991-92 fiscal years and every two-year period thereafter.No later than December 1, 1992, and biennially thereafter, the board shall report to the Legislature the result of its calculation for the prior two-year period.(e) For the 1990-91 and 1991-92 fiscal years, the "statewide average cost avoided per pupil," for purposes of this section, shall be one thousand one hundred fifty-one dollars ($1,151). For the 1992-93 fiscal year, and each fiscal year thereafter, the "statewide average cost avoided per pupil" shall be established by the statute that appropriates funding for the purposes of this section for that fiscal year. SEC. 33. Section 48005.45 of the Education Code is amended to read: 48005.45. (a) The Superintendent, by June 1, 2007, shall contract for an independent longitudinal evaluation regarding the effects of the change in the entry age for kindergarten and first grade pursuant to this article. In selecting the independent evaluator, awarding the contract pursuant to this section, and in monitoring performance under the contract, the Superintendent shall consult with the advisory panel convened pursuant to subdivision (b) of Section 48005.13. (b) The evaluation shall be based upon samples of sufficient size and diversity to allow results to be reported separately for pupils of different ethnicity, socioeconomic status, and primary language, and results of the evaluation shall be so reported. (c) The primary purpose of the evaluation is to determine whether this entry age change results in improved readiness for school and an improvement in academic achievement among participating children. (d) The evaluation shall use representative sampling to identify the change's effects on all of the following: (1) Academic achievement, as measured by standardized tests, as compared with pupils not participating in the program. (2) Behavioral problems, as measured by objective data including, but not limited to, suspension and expulsion rates, as compared with pupils not participating in the program. (3) Academic problems, as measured by referrals to special education and remedial programs, as compared with pupils not participating in the program. (4) Age of kindergarten entry and previous educationally based preschool experience, including, but not limited to, access to child care and preschool by parents or guardians. (5) Overall retention rates in kindergarten and in subsequent grades. (6) Participation in remedial, supplemental, or summer school programs. (7) Class size. (8) Number of pupils participating in kindergarten. (9) Number of pupils participating in the kindergarten readiness programs. (10) Differences, if any, between programs with full preschool participation, and those with partial or no preschool. (11) Child care difficulties caused by the admission age change. (12) Demographic breakdown of participants and nonparticipants, including, but not limited to, socioeconomic and ethnic demographics. (13) Facilities difficulties, if any, encountered by participating school districts. (14) The ability of parents to gain access to the program, disaggregated by ethnic, primary language, and socioeconomic status. (e) It is the intent of the Legislature that funding for this evaluation be included in the Budget Act or a bill related to the Budget Act. It is the intent of the Legislature to subsequently increase the number of hours funded for the kindergarten readiness program if the reports pursuant to this section indicate that the increase would be beneficial.(f) (1) The independent evaluator shall report to the Legislature, the Governor, the Superintendent, and the state board.(2) The initial report shall be filed by June 1, 2009. The interim report shall be filed by January 1, 2011. The final report shall be filed by January 1, 2012.SEC. 34. Section 52314 of the Education Code is amended to read: 52314. (a) (1) Except as provided in subdivision (b), any pupil eligible to attend a high school or adult school in a school district subject to the jurisdiction of a county superintendent of schools operating a regional occupational center or regional occupational program, and who resides in a school district which by itself or in cooperation with other school districts, has not established a regional occupational center, or regional occupational program, is eligible to attend a regional occupational center or regional occupational program maintained by the county superintendent of schools. Any school district which in cooperation with other school districts maintains a regional occupational center, or regional occupational program, or any cooperating school districts may admit to the center, or program, any pupil, otherwise eligible, who resides in the district or in any of the cooperating districts. Any school district which by itself maintains a regional occupational center, or regional occupational program, may admit to the center, or program, any pupil, otherwise eligible, who resides in the district. No pupil, including adults under Section 52610 shall be admitted to a regional occupational center, or regional occupational program, unless the county superintendent of schools or governing board of the district or districts maintaining the center, or program, as the case may be, determines that the pupil will benefit therefrom and approves of his or her admission to the regional occupational center or regional occupational program. (2) Adult students shall not be enrolled in regional occupational center or program courses during the school day on a high school campus unless specifically authorized by the policy of the governing board of the school district. (3) A pupil may be admitted on a full-time or part-time basis, as determined by the county superintendent of schools or governing board of the school district or districts maintaining the center, or program, as the case may be. (b) A pupil is not eligible to be admitted to a regional occupational center or program, and his or her attendance shall not be credited to a regional occupational center or program, until he or she has attained the age of 16 years, unless the pupil meets one or more of the following conditions: (1) The pupil is enrolled in grade 11 or a higher grade. (2) The pupil received a referral and all of the following conditions are met: (A) The pupil is referred to a regional occupational center or program as part of a comprehensive high school plan that has been approved by a school counselor or school administrator. The approval of the pupil's parents or guardian may be sought but is not required. (B) The pupil's comprehensive high school plan requires referral to a regional occupational center or program as part of a sequence of vocational courses that allows the pupil to learn a comprehensive skill occupation that culminates in earning a postsecondary vocational certificate or diploma or its equivalent. (C) The pupil is enrolled in a school that maintains any of grades 9 to 12, inclusive. (3) The individualized education program of a pupil adopted pursuant to the requirements of Chapter 4 (commencing with Section 56300) of Part 30 prescribes occupational training for which his or her enrollment in a regional occupational center or program is deemed appropriate. (4) The pupil is enrolled in grade 10 and has a comprehensive high school plan that has been approved by a school counselor, and the admission of that pupil will not result in the denial of admission or displacement of pupils in grades 11 and 12 that would otherwise participate in the regional occupational center or program. (c)(1)Each school district, county superintendent of schools, or joint powers agency that maintains a regional occupational center or regional occupational program shall submit to the department, at the time and in the manner prescribed by the Superintendent, the enrollment and average daily attendance for each grade level and the enrollment and average daily attendance for each exemption set forth in subdivision (b). (2)The department shall submit this information to the education and budget committees of the Legislature, the Legislative Analyst's Office, and the Director of Finance by April 1 of each year for the preceding school year.SEC. 35. Section 53101 of the Education Code is amended to read: 53101. (a) The Governor, the Superintendent, and the state board shall jointly develop a single high-quality plan or multiple plans, in collaboration with participating local educational agencies, as necessary, to submit as part of an application for federal Race to the Top funds, authorized under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5).(b)The Department of Finance, concurrent with the submission of the plan to the Attorney General, shall provide the appropriate policy and fiscal committees of both houses of the Legislature with a copy of the state plan or plans, including any amendments.(c)(b) The plansubmitted pursuant to subdivision (b)shall include a budget or expenditure plan consistent with the requirements of the Race to the Top program and application. At a minimum, the plan shall address how the Race to the Top program funds and any other applicable federal funds shall be used to provide resources to the low-achieving and persistently lowest-achieving schools as defined in this chapter. These resources may include, but are not necessarily limited to, professional development, technical assistance, and partnering with schools that have successfully transitioned from low- to higher-performing status.(d)(c) It is the intent of the Legislature that funding for local educational agencies be the highest priority in the allocation of Race to the Top program funds. SEC. 36. Section 66040.7 of the Education Code is amended to read: 66040.7. The California State University, the Department of Finance, and the Legislative Analyst's Office shall jointly conduct a statewide evaluation of the new programs implemented under this article.The results of the evaluation shall be reported, in writing, to the Legislature and Governor on or before January 1, 2011.The evaluation required by this section shall consider all of the following: (a) The number of new doctoral programs in education implemented, including information identifying the number of new programs, applicants, admissions, enrollments, degree recipients, time-to-degree, attrition, and public school and community college program partners. (b) The extent to which the programs established under this article are fulfilling identified state needs for training in educational leadership, including statewide supply and demand data that considers capacity at the University of California and in California's independent colleges and universities. (c) Information on the place of employment of students and the subsequent job placement of graduates. (d) Any available evidence on the effects that the graduates of the programs are having on elementary and secondary school and community college reform efforts and on student achievement. (e) Program costs and the fund sources that were used to finance these programs, including a calculation of cost per degree awarded. (f) The costs of the programs to students, the amount of financial aid offered, and student debt levels of graduates of the programs. (g) The extent to which the programs established under this article are in compliance with the requirements of this article. SEC. 37. Section 7571 of the Family Code is amended to read: 7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother leaving any hospital, the person responsible for registering live births under Section 102405 of the Health and Safety Code shall provide to the natural mother and shall attempt to provide, at the place of birth, to the man identified by the natural mother as the natural father, a voluntary declaration of paternity together with the written materials described in Section 7572. Staff in the hospital shall witness the signatures of parents signing a voluntary declaration of paternity and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. A copy of the declaration shall be made available to each of the attesting parents. (b) No health care provider shall be subject to any civil, criminal, or administrative liability for any negligent act or omission relative to the accuracy of the information provided, or for filing the declaration with the appropriate state or local agencies. (c) The local child support agency shall pay the sum of ten dollars ($10) to birthing hospitals and other entities that provide prenatal services for each completed declaration of paternity that is filed with the Department of Child Support Services, provided that the local child support agency and the hospital or other entity providing prenatal services has entered into a written agreement that specifies the terms and conditions for the payment as required by federal law. (d) If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the child's birth. (e) Prenatal clinics shall offer prospective parents the opportunity to sign a voluntary declaration of paternity. In order to be paid for their services as provided in subdivision (c), prenatal clinics must ensure that the form is witnessed and forwarded to the Department of Child Support Services within 20 days of the date the declaration was signed. (f) Declarations shall be made available without charge at all local child support agency offices, offices of local registrars of births and deaths, courts, and county welfare departments within this state. Staff in these offices shall witness the signatures of parents wishing to sign a voluntary declaration of paternity and shall be responsible for forwarding the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed. (g) The Department of Child Support Services, at its option, may pay the sum of ten dollars ($10) to local registrars of births and deaths, county welfare departments, or courts for each completed declaration of paternity that is witnessed by staff in these offices and filed with the Department of Child Support Services. In order to receive payment, the Department of Child Support Services and the entity shall enter into a written agreement that specifies the terms and conditions for payment as required by federal law. The Department of Child Support Services shall study the effect of the ten dollar ($10) payment on obtaining completed voluntary declaration of paternity formsand shall report to the Legislature on any recommendations to change the ten dollar ($10) optional payment, if appropriate, by January 1, 2000. (h) The Department of Child Support Services and local child support agencies shall publicize the availability of the declarations. The local child support agency shall make the declaration, together with the written materials described in subdivision (a) of Section 7572, available upon request to any parent and any agency or organization that is required to offer parents the opportunity to sign a voluntary declaration of paternity. The local child support agency shall also provide qualified staff to answer parents' questions regarding the declaration and the process of establishing paternity. (i) Copies of the declaration and any rescissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Health Services, and the courts. (j) Publicly funded or licensed health clinics, pediatric offices, Head Start programs, child care centers, social services providers, prisons, and schools may offer parents the opportunity to sign a voluntary declaration of paternity. In order to be paid for their services as provided in subdivision (c), publicly funded or licensed health clinics, pediatric offices, Head Start programs, child care centers, social services providers, prisons, and schools shall ensure that the form is witnessed and forwarded to the Department of Child Support Services. (k) Any agency or organization required to offer parents the opportunity to sign a voluntary declaration of paternity shall also identify parents who are willing to sign, but were unavailable when the child was born. The organization shall then contact these parents within 10 days and again offer the parent the opportunity to sign a voluntary declaration of paternity. SEC. 38. Section 17555 of the Family Code is amended to read: 17555. (a) Any appropriation made available in the annual Budget Act for the purposes of augmenting funding for local child support agencies in the furtherance of their revenue collection responsibilities shall be subject to all of the following requirements: (1) Each local child support agency shall submit to the department an early intervention plan with all components to take effect upon receipt of their additional allocation as a result of this proposal. (2) Funds shall be distributed to counties based on their performance on the following two federal performance measures: (A) Measure 3: Collections on Current Support. (B) Measure 4: Cases with Collections on Arrears.(3)Notwithstanding Section 10231.5 of the Government Code, the department shall submit an interim report to the fiscal committees of the Legislature by January 1 of any year for which a budget appropriation for this purpose is made, to track and evaluate the impact of the augmentation on revenue collections and cost-effectiveness, with an additional oral report to be provided during the spring subcommittee review process.(4)(3) A local child support agency shall be required to use and ensure that 100 percent of the new funds allocated are dedicated to maintaining caseworker staffing levels in order to stabilize child support collections.(5)(4) At the end of each fiscal year that this augmentation is in effect, the department shall provide a report on the cost-effectiveness of this augmentation, including an assessment of caseload changes over time. (b) It is the intent of the Legislature to review the results of this augmentation and the level of related appropriation during the legislative budget review process. SEC. 39. Section 456 of the Fish and Game Code is amended to read: 456.(a)The department shall biennially report to the Legislature and to the Fish and Game Commission on the progress that is being made toward the restoration and maintenance of California's deer herds. The first report shall be submitted on or before October 1, 1989. The report shall include program activities regarding deer habitat, particularly addressing problems dealing with identification and preservation of critical deer habitat areas; the amount of revenue derived from the sale of deer tags during the two previous fiscal years; a list of expenditures during the two previous fiscal years and proposed expenditures during the current fiscal year; and a report of general benefits accrued to the deer resources as a result of the program.(b) The department shall not recommend to the commission any deer management program or any modification of the commission's deer hunting regulations submitted pursuant to Section 460 unless the recommendations are consistent with adopted deer herd management plans.SEC. 40. Section 1363.5 of the Fish and Game Code is repealed.1363.5. (a) Commencing on June 30, 2003, and every two years thereafter, the board shall report to the Legislature and the Governor concerning the activities and expenditures of the fund. (b) (1) In the first report to the Legislature, the board shall provide its best estimate of the total amount, in terms of acreage, species, and coverage, of oak woodlands habitat purchased with funds from the Habitat Conservation Fund and other funds pursuant to the California Wildlife Protection Act of 1990 (Chapter 9 (commencing with Section 2780) of Division 3). (2) In each subsequent report, the board shall update the information required by paragraph (1) to reflect additional oak woodlands habitat purchased with funds from the Habitat Conservation Fund pursuant to Chapter 9 (commencing with Section 2780) of Division 3, and any purchases made with moneys deposited in the Oak Woodlands Conservation Fund. (c) The board shall provide its best estimate in each report of the acreage, cover, and species of oak woodlands habitat purchased with all moneys from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund. (d) The board shall make all information available online at its Web site. (e) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute that is enacted before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed.SEC. 41. Section 1727 of the Fish and Game Code is amended to read: 1727. (a) In order to provide for a diversity of available angling experiences throughout the state, it is the intent of the Legislature that the commission maintain the existing wild trout program, and as part of the program, develop additional wild trout waters in the more than 20,000 miles of trout streams and approximately 5,000 lakes containing trout in California. (b) The department shall prepare a list of no less than 25 miles of stream or stream segments and at least one lake that it deems suitable for designation as wild trout waters. The department shall submit this list to the commission for its consideration at the regular October commission meeting. (c) The commission may remove any stream or lake that it has designated as a wild trout fishery from the program at any time. If any of those waters are removed from the program, an equivalent amount of stream mileage or an equivalent size lake shall be added to the wild trout program.(d) The commission shall in January of each year submit a report to the Legislature regarding progress in implementing this chapter. In that report, the commission shall state its reasons why any stream or lake listed by the department as suitable for consideration as a wild trout water was or was not included in the program. The commission shall also state its reasons for removing and replacing any waters within the program.(e)(d) The department shall prepare and complete management plans for all wild trout waters not more than three years following their initial designation by the commission, and to update the management plan every five years following completion of the initial management plan. SEC. 42. Section 1850 of the Fish and Game Code is amended to read: 1850. On or before January 1, 2002, the department shall establish an updateddata basedatabase of all existing and operating wetlands mitigation banks that sell credits to the public in California. To the extent feasible, the department shall use all existing information in compiling thisdata basedatabase and shall utilize the CERES Environmental Data Catalog to make this information available to the public. The department shall update thisdata basedatabase on an annual basisand shall include all relevant information required by Section 1851. SEC. 43. Section 1851 of the Fish and Game Code is repealed.1851. On or before January 1, 2002, and biennially thereafter, the department shall review the data base and the data catalog described in Section 1850, and shall provide a report to the Legislature with a description and the status of each existing wetlands mitigation bank site in operation as of January 1, 2001, and each mitigation bank site approved thereafter. The report shall include, but not be limited to, all of the following information: (a) The name, address, and telephone number of the person or agency who created the wetlands mitigation bank site. (b) The name, address, and telephone number of the wetlands mitigation bank operator and the address or other appropriate physical description of the location of the wetlands mitigation bank site. (c) The date the wetlands mitigation bank site was created. (d) A description of the wetlands mitigation bank site's service area. (e) A description of existing habitat functions at the wetlands mitigation bank site prior to its development as a wetlands mitigation bank site. (f) The type of financial assurances secured by the wetlands mitigation bank operator to ensure management of the wetlands mitigation bank site in perpetuity. (g) Whether goals were established for the wetlands mitigation bank site and what percentage of those goals have been achieved. (h) Utilizing existing information compiled by the United States Army Corps of Engineers or other federal agencies, the number of wetlands acres and habitat functions created at the bank site. (i) The number of credits issued and to whom. (j) An assessment of the biological productivity of the created wetlands. (k) Utilizing existing information that is publicly available within the records of state or federal agencies, a comparison of the wetlands acreage and habitat functions that were created at the bank site and those that were lost as a result of the permitted projects for which credits were obtained.SEC. 44. Section 2079 of the Fish and Game Code is amended to read: 2079. The department shall, by January 30 of every third year, beginning January 30, 1986, prepare a report summarizing the status of all state listed endangered, threatened, and candidate species, and shallsubmit the report to the commission, the Legislature, the Governor, and all individuals who have notified the commission, in writing with their address, of their interestpost the report on the commission's Internet Web site . This report shall include, but not be limited to, a listing of those species designated as endangered, threatened, and candidate species, a discussion of the current status of endangered, threatened, or candidate species, and the timeframes for the review of listed species pursuant to this article. SEC. 45. Section 2086 of the Fish and Game Code is amended to read: 2086. (a) The department, in cooperation with the Department of Food and Agriculture, agricultural commissioners, extension agents, farmers, ranchers, and other agricultural experts, shall adopt regulations that authorize locally designed voluntary programs for routine and ongoing agricultural activities on farms or ranches that encourage habitat for candidate, threatened, and endangered species, and wildlife generally. Agricultural commissioners, extension agents, farmers, ranchers, or other agricultural experts, in cooperation with conservation groups, may propose those programs to the department. The department shall propose regulations for those programs not later than July 1, 1998. (b) Programs authorized under subdivision (a) shall do all of the following: (1) Include management practices that will, to the maximum extent practicable, avoid and minimize take of candidate, endangered, and threatened species, while encouraging the enhancement of habitat. (2) Be supported by the best available scientific information for both agricultural and conservation practices. (3) Be consistent with the policies and goals of this chapter. (4) Be designed to provide sufficient flexibility to maximize participation and to gain the maximum wildlife benefits without compromising the economics of agricultural operations. (5) Include terms and conditions to allow farmers or ranchers to cease participation in a program without penalty. The terms and conditions shall include reasonable measures to minimize take during withdrawal from the program. (c) Any taking of candidate, threatened, or endangered species incidental to routine and ongoing agricultural activities that occurs while the management practices specified by paragraph (1) of subdivision (b) are followed, is not prohibited by this chapter. (d) (1) The department shall automatically renew the authorization for these voluntary programs every five years, unless the Legislature amends or repeals this section in which case the program shall be revised to conform to this section. (2) Commencing in 2000, and every five years thereafter, the department shall post a reportto the appropriate policy committees of the Legislatureregarding the effect of the programs on its Internet Web site . The department shall consult with the Department of Food and Agriculture in evaluating the programs and preparing the report. The report shall address factors such as the temporary and permanent acreage benefiting from the programs, include an estimate of the amount of land upon which routine and ongoing agricultural activities are conducted, provide examples of farmer and rancher cooperation, and include recommendations to improve the voluntary participation by farmers and ranchers. (e) If the authorization for these programs is not renewed or is modified under subdivision (d), persons participating in the program shall be allowed to cease participating in the program in accordance with the terms and conditions specified in paragraph (5) of subdivision (b), without penalty. (f) (1) The department may approve an application submitted by an agricultural-based nonprofit organization or other entity registered as a California nonprofit organization to initiate and undertake public education and outreach activities that promote the achievement of the objectives of this chapter. An application submitted pursuant to this subdivision shall include the following: (A) The name and contact information of the participating organization. (B) A brief description of the planned outreach activities. (C) An end date for the outreach activities. (2) The department may require a participating organization to submit, for approval by the department, educational materials and outreach materials that are disseminated to the public in furtherance of this subdivision. (3) A participating organization shall file an annual report with the department before the end of each calendar year during the time period specified in the application. The report shall include, but is not limited to, the following: (A) Complete information on the activities conducted by the participating organization in the prior year, including a description of all means of communicating to the public and agricultural community, including personal visits, electronic communications, organized meetings, or other means. (B) A compilation of responses from the public and members of the agricultural community that will assist the participating organization and the department to modify or improve public education and outreach activities on an ongoing basis. (C) An assessment of the existing knowledge within the agricultural community of programs and prohibitions under this chapter and a review of outreach activities that could be used to adapt and improve future outreach efforts. (D) Information on a farm or ranch that has expressed interest in participating in a voluntary program pursuant to this section or the safe harbor agreement program contained in Article 3.7 (commencing with Section 2089.2). This provision does not require the annual report to include the identification to the department of an individual, farm, or ranch. SEC. 46. Section 2861 of the Fish and Game Code is amended to read: 2861. (a) The commission shall, annually until the master plan is adopted and thereafter at least every three years, receive, consider, and promptly act upon petitions from any interested party, to add, delete, or modify MPAs, favoring those petitions that are compatible with the goals and guidelines of this chapter.(b) Prior to the adoption of a new MPA or the modification of an existing MPA that would make inoperative a statute, the commission shall provide a copy of the proposed MPA to the Legislature for review by the Joint Committee on Fisheries and Aquaculture or, if there is no such committee, to the appropriate policy committee in each house of the Legislature.(c)(b) Nothing in this chapter restricts any existing authority of the department or the commission to make changes to improve the management or design of existing MPAs or designate new MPAs prior to the completion of the master plan. The commission may abbreviate the master plan process to account for equivalent activities that have taken place before enactment of this chapter, providing that those activities are consistent with this chapter. SEC. 47. Section 3409 of the Fish and Game Code is repealed.3409. The department shall report every three years on the wildlife habitat enhancement and management program conducted pursuant to this article. The report shall include a listing of landholders participating in the wildlife habitat enhancement and management program, the wildlife habitat enhancement and management activities undertaken, the wildlife species managed, and harvest data. The report shall be submitted to the Speaker of the Assembly, the Chairperson of the Senate Committee on Rules, and the chairpersons of the policy committees in each house that have jurisdiction over the subject of this article. The report shall also be made available to the public upon request.SEC. 48. Section 3864 of the Fish and Game Code is repealed.3864. On or before October 1, 2006, the director shall submit a status report, and on or before July 1, 2007, the director shall compile and submit an updated report, on the development and implementation of an avian influenza detection and response plan for wild birds in the state. These reports shall be submitted to the Legislature, the Chair of the Assembly Committee on Water, Parks and Wildlife, and the Chair of the Senate Committee on Natural Resources and Water.SEC. 49. Section 4904 of the Fish and Game Code is repealed.4904. (a) The department shall biennially report the following to the Legislature: (1) The management units for which plans have been developed pursuant to Section 4901. (2) A summary of the data from the annual count conducted by the department for the purposes of subdivision (b) of Section 4902. (3) The number of tags issued in the preceding season, and the number of mature Nelson bighorn rams taken under valid tags in the preceding season. (4) Any instance known to the department of the unlawful or unlicensed taking of a Nelson bighorn sheep in this state and the disposition of any prosecution therefor. (5) The number of Nelson bighorn sheep relocated during the previous year, the area where reintroduced, a statement on the success of the reintroduction, and a brief description of any reintroduction planned for the following year. (b) The report shall consist of a compilation of the results of the ongoing study conducted pursuant to this section each year since the enactment of this chapter and an assessment of the environmental impact of the hunting of Nelson bighorn sheep on the herds.SEC. 50. Section 7862 of the Fish and Game Code is amended to read: 7862. A Commercial Salmon Trollers Advisory Committee shall be established consisting of six members selected by the director. One member shall be chosen from the personnel of the department. Four persons shall be selected, with alternates, from a list submitted by a fishermen's organization deemed to represent the commercial salmon fishermen of California. One member shall be selected, with an alternate, from lists submitted by individual commercial passenger fishing boat operators or by organizations deemed to represent the commercial passenger fishing boat operators of California. The term of appointment to the committee shall be for two years. Necessary and proper expenses, if any, and per diem shall be paid committee members from the special account created pursuant to subdivision (a) of Section 7861. The rate of per diem shall be the same as the rate established pursuant to Section 8902 of the Government Code. The committee shall recommend programs and a budget from the special account to the department.The department shall review the programs and the budget and shall include its recommendations regarding these items in the Governor's Budget and submit to the Legislature an annual report on the sale of commercial fishing salmon stamps, the expenditure of funds, and a status report of the programs funded pursuant to Section 7861. The department shall not recommend funding for any program not contained in the committee' s recommendations.SEC. 51. Section 8610.10 of the Fish and Game Code is repeal ed.8610.10. On or before December 31 of each year, the director shall prepare and submit a report to the Legislature regarding the implementation of this article, including an accounting of all funds. The director shall include in the report an account of the costs incurred by the department for the administration of this article and Article X B of the California Constitution.SEC. 52. Section 12794.5 of the Food and Agricultural Code is repealed.12794.5. The department shall prepare an annual report of the research projects proposed, approved projects awarded, the status of ongoing research projects, the findings achieved from completed research projects, and the progress toward developing and implementing pest management alternatives in the state. The report shall be submitted annually to the Legislature, on or before February 1.SEC. 53. Section 54446 of the Food and Agricultural Code is repealed.54446. (a) The advisory committee shall prepare and submit a report to the secretary who, in turn, shall report to the Legislature on the effectiveness of subdivisions (a) and (e) of Section 54431 in successfully aiding the bargaining process between processors and cooperative bargaining associations. The secretary shall include any recommended changes to subdivisions (a) and (e) of Section 54431 as part of the report. (b) After receiving the report, the Assembly Committee on Agriculture and the Senate Committee on Agriculture may hold hearings on the report. (c) The report shall, among other things, focus on any specific abuses of subdivisions (a) and (e) of Section 54431. (d) Annual progress reports on the report shall be submitted by the advisory committee to the secretary.SEC. 54. Section 58591 of the Food and Agricultural Code is repealed.58591. On or before December 31 of every odd-numbered year, the director shall report to the chairpersons of the policy committees which have the appropriate subject matter jurisdiction in the Assembly and the Senate, as determined by the respective rules committees, on the status of this chapter. The report shall include an assessment of the act's ability to create, maintain, or increase exports of California agricultural commodities.SEC. 55. Section 8164 of the Government Code is repealed.8164. Commencing January 1, 1979, the department shall report to the Joint Legislative Budget Committee and each Member of the Legislature annually. The report shall summarize all of the following: (a) Leases by the state to others for residential or commercial purposes in the Capitol area. (b) Sales or building construction initiated or completed by the state in the metropolitan area expenditures under authority of Section 8169.1, by type. (c) Transactions and operations of joint powers agencies under authority of Section 8169.4, since the last report. (d) The department's appraisal of the degree to which projects conform to the Capitol Area Plan.SEC. 56. Section 8169.5 of the Government Code is amended to read: 8169.5. (a) In furtherance of the Capitol Area Plan, the objectives of Resolution Chapter 131 of the Statutes of 1991, and the legislative findings and declarations contained in Chapter 193 of the Statutes of 1996, relative to the findings by the Urban Land Institute, the director may purchase, exchange, or otherwise acquire real property and construct facilities, including any improvements, betterments, and related facilities, within the jurisdiction of the Capitol Area Plan in the City of Sacramento pursuant to this section. The total authorized scope of the project shall consist of up to approximately 1,470,200 gross square feet of office space and approximately 742,625 gross square feet of parking structures for use by the State Department of Education, the State Department of Health Care Services, the State Department of Public Health, and the Department of General Services as anchor tenants on blocks 171, 172, 173, 174, and 225, along with related additional parking on block 224, within the Capitol area. The acquisition and construction authorized pursuant to this section may not cause the displacement of any state or legislative employee parking spaces in the blocks specified in this subdivision unless the Department of General Services makes available existing state-owned parking spaces, acquires parking spaces, or constructs replacement parking that results in the affected employees' parking spaces being located at a reasonable distance from their place of employment. (b) Subject to paragraphs (2) and (3) of subdivision (c), the department may contract for the lease, lease-purchase, lease with an option to purchase, acquisition, design, design-build, construction, construction management, and other services related to the design and construction of the office and parking facilities authorized to be acquired pursuant to subdivision (a). (c) (1) The State Public Works Board may issue revenue bonds, negotiable notes, or negotiable bond anticipation notes pursuant to Chapter 5 (commencing with Section 15830) of Part 10b of Division 3 to finance all costs associated with acquisition, design, and construction of office and parking facilities for the purposes of this section. The State Public Works Board and the department may borrow funds for project costs from the Pooled Money Investment Account pursuant to Sections 16312 and 16313. In the event the bonds authorized by the project are not sold, the State Department of Education, the State Department of Health Care Services, the State Department of Public Health, and the Department of General Services, as determined by the Department of Finance, shall commit a sufficient amount of their support appropriations to repay any loans made for the project from the Pooled Money Investment Account. It is the intent of the Legislature that this commitment shall be included in future Budget Acts until all outstanding loans from the Pooled Money Investment Account are repaid either through the proceeds from the sale of bonds or from an appropriation. (2) (A) If the department proposes to acquire the facilities on a design-build basis, prior to the department entering into an agreement pursuant to subdivision (b) to design and build the facilities on blocks 171, 172, 173, 174, and 225, as specified in subdivision (a), the department shall submit to the Legislature a copy of all documents that shall be the basis upon which bids will be solicited and awarded to design and build the facilities. The documents shall include the following: (i) The request for qualifications. (ii) Site development guidelines. (iii) Architectural and all system design requirements for the facilities. (iv) Notwithstanding any other provision of law, the recommended specific criteria and process by which the contractor shall be selected. (v) The performance criteria and standards for the architecture and all components and systems of the facilities. (B) The information in the documents shall be provided in at least as much detail as was prepared for the San Francisco Civic Center Complex project and shall cover the quality of materials, equipment, and workmanship to be used in the facilities. These documents shall also include a detailed and specific space program for the facilities that identifies the specific spatial needs of the state agencies.(C) If the department proceeds to acquire the facilities on a design-build basis, in addition to any other requirements imposed pursuant to this section, notwithstanding Section 7550.5, the department shall provide the Legislature, beginning on July 1, 1999, and every three months thereafter until the facilities are completed, with a status report that includes information regarding any benefits that the state may have realized from use of the design-build approach, any problems that have been encountered from the use of a design-build approach, and lessons learned that may be applied to a future project. The department shall issue a final report when the facilities are completed.(D)(C) If the department proposes to contract for construction separate from design, the department shall, prior to commencing work on working drawings for the facilities on blocks 171, 172, 173, 174, and 225, submit to the Legislature a copy of the preliminary plans for the facilities and a detailed and specific space program for the facilities that identifies the specific spatial needs of the state agencies. (E) Regardless of how the department proposes to acquire the facilities, the department also shall submit all of the following information, which may be included in the bid documents: (i) A final estimated cost for design, construction, and other costs. (ii) How the department would manage the contracts entered into for this project to ensure compliance with contract requirements and to ensure that the state receives the highest level of quality workmanship and materials for the funds spent on the project. (3)Except for the reports specified in subparagraph (C) of paragraph (2), theThe department shall submit to the Legislature the information required to be submitted pursuant to paragraphs (2) and (6) on or before December 1, 1998. Except for those contracts and agreements necessary to prepare the information required by paragraphs (2) and (6), the department shall not solicit bids to enter into any agreement to design and build or otherwise acquire the facilities or commence work on working drawings on block 171, 172, 173, 174, or 225 sooner than the later of April 1, 1999, or 120 days after the department submits to the Legislature the information required to be submitted pursuant to paragraphs (2) and (6). The Legislative Analyst shall evaluate the information submitted to the Legislature and shall prepare a report to the Joint Committee on Rules within 60 days of receiving the documents submitted to the Legislature. It is the intent of the Legislature that the Joint Committee on Rules meet prior to the date the department is authorized to solicit bids to design and build or otherwise acquire the facilities or commence work on working drawings for the purposes of discussing the report from the Legislative Analyst and adopting a report with any recommendations to the department on changes to the site design criteria, performance criteria, and specifications and specific criteria for determining the winning bidder. If the Joint Committee on Rules adopts a report prior to the date the department is authorized to solicit bids to design and build or otherwise acquire the facilities or commence work on working drawings, the department may solicit the bids or commence the work when the report is adopted by the Joint Committee on Rules. The Senate Committee on Rules and the Speaker of the Assembly may designate members of their respective houses to monitor the progress of the preparation of the documents to be submitted pursuant to paragraph (2). The department shall prepare periodic progress reports and meet with the designated members or their representatives, as necessary, while preparing the documents. (4) The amount of revenue bonds, negotiable notes, or negotiable bond anticipation notes to be sold may equal, but shall not exceed, the cost of planning, preliminary plans, working drawings, construction, construction management and supervision, other costs relating to the design and construction of the facilities, and any additional sums necessary to pay interim and permanent financing costs. The additional amount may include interest and a reasonable required reserve fund. (5) Authorized costs of the facilities for preliminary plans, working drawings, construction, and other costs shall not exceed three hundred ninety-two million dollars ($392,000,000). Notwithstanding Section 13332.11, the State Public Works Board may authorize the augmentation of the amount authorized under this paragraph by up to 10 percent of the amount authorized. (6) The net present value of the cost to acquire and operate the facilities authorized by subdivision (a) may not exceed the net present value of the cost to lease and operate an equivalent amount of comparable office space over the same time period. The department shall perform this analysis and shall obtain interest rates, discount rates, and Consumer Price Index figures from the Treasurer and submit its analysis with the documents submitted pursuant to paragraph (2) of subdivision (c). For purposes of this analysis, the department shall compare the cost of acquiring and operating the proposed facilities with the avoided cost of leasing and operating an equivalent amount of comparable office space that will no longer need to be leased because either (A) agencies will no longer occupy currently leased facilities when they occupy the proposed facilities, or (B) agencies will no longer occupy currently leased facilities when they occupy state-owned space being vacated by state agencies occupying the proposed facilities. The analysis shall also include the cost of any unique improvement associated with the moving of an agency into any state-owned space that would be vacated by agencies moving into the proposed facilities. However, these costs shall not include the cost of renovating or modernizing vacated state-owned space that is necessary to accommodate state agencies in general purpose office space. This paragraph shall not be construed as authorizing any renovation of state-owned space. (d) The director may execute and deliver a contract with the State Public Works Board for the lease of the facilities described in this section that are financed with the proceeds of the board's bonds, notes, or bond anticipation notes issued in accordance with this section. SEC. 57. Section 8587.5 of the Government Code is amended to read: 8587.5. (a) The Department of Transportation shall, in cooperation with interested cities with Traffic Signal Override Systems, apply to the United States Secretary of Transportation for federal funding to conduct a research program in one or more cities to test the effectiveness of the installation of signal emitters and sensors in emergency response vehicles in reducing accidents and injuries. (b) The project shall study the reduction in accidents and injuries involving emergency response vehicles in the program areas, shall, if possible, assess any reduction in response times by emergency response vehicles in the program areas, and may study other valuable data as deemed appropriate. (c) The application shall seek full federal funding for the project, including the evaluation component. If the United States Secretary of Transportation requires a nonfederal share of funding, the participating local governments shall pay this share equally. (d) The department shall apply for federal funding within six months of the effective date of this section unless good cause exists to apply later or not to apply.(e) Within six months after the study has been completed, the department shall submit a written report of its findings to the Senate Committee on Budget and Fiscal Review, the Senate Committee on Transportation, the Assembly Committee on Budget, and the Assembly Committee on Transportation.SEC. 58. Section 11535 of the Government Code , as amended by Chapter 147 of the Statutes of 2012, is repealed.11535. (a) There is, in the Department of Technology, the Technology Services Board. (b) The board shall consist of 13 members, as follows: (1) The Director of Technology, who shall serve as the chair of the board. (2) The Director of Finance, who shall serve as vice chair of the board. (3) The Controller. (4) The Secretary of Food and Agriculture, the Secretary of Transportation, the Secretary of the Department of Corrections and Rehabilitation, the Secretary for Environmental Protection, the Secretary of California Health and Human Services, the Secretary of Labor and Workforce Development, the Secretary of the Natural Resources Agency, the Secretary of Business, Consumer Services, and Housing, and the Secretary of Veterans Affairs. (5) The Director of Emergency Services.SEC. 59. Article 3 (commencing with Section 11675) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code is repealed. SEC. 60. Section 12805.4 of the Government Code is repealed.12805.4. (a) The Secretary of the Resources Agency shall convene a committee to develop and submit to the Governor and the Legislature, on or before December 31, 2008, a Strategic Vision for a Sustainable Sacramento-San Joaquin Delta. (b) The committee shall include all of the following: (1) The Secretary of the Resources Agency. (2) The Secretary of the Business, Transportation and Housing Agency. (3) The Secretary for Environmental Protection. (4) The Secretary of Food and Agriculture. (5) The President of the Public Utilities Commission. (c) The strategic vision shall address all of the following: (1) Sustainable ecosystem functions, including aquatic and terrestrial flora and fauna. (2) Sustainable land use and land use patterns. (3) Sustainable transportation uses, including streets, roads and highways, and waterborne transportation. (4) Sustainable utility uses, including aqueducts, pipelines, and power transmission corridors. (5) Sustainable water supply uses. (6) Sustainable recreation uses, including current and future recreational and tourism uses. (7) Sustainable flood management strategies. (8) Other aspects of sustainability deemed desirable by the committee. (d) The committee shall seek input from elected officials, governmental agencies, interested parties, educational institutions, and affected local communities. The Governor or the committee may appoint a "blue ribbon" or citizen commission, advisory committee, task force, or any other group or groups that the Governor or the committee deems necessary or desirable to assist in carrying out this section. (e) For the purposes of carrying out this section, the committee may also seek input from other policy and resource leaders. (f) All relevant state agencies, at the request of the committee, shall make available staff and resources to assist in the preparation of the strategic vision. (g) (1) The committee, its members, and state agencies represented on the committee may contract for consultants to assist in the preparation of the strategic vision. (2) Contracts entered into pursuant to paragraph (1) shall terminate no later than December 31, 2008. (3) Contracts entered into pursuant to paragraph (1) are exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.SEC. 61. Section 13103.5 of the Government Code is amended to read: 13103.5.(a)The department may perform audits, as it deems necessary, of the allocations or expenditures made in accordance with Article XIX B of the California Constitution.(b) Any audit performed pursuant to this section shall be reported to both houses of the Legislature.SEC. 62. Section 14051 of the Government Code is repealed.14051. (a) At the commencement of each regular session of the Legislature, the department shall submit to the Legislature a report summarizing information required under, and programs authorized by, Sections 118.6, 216, and 820 of, and Article 3.5 (commencing with Section 156) of Chapter 1 of Division 1 of, the Streets and Highways Code. (b) Information on other program activities may be included in the biennial report at the discretion of the department. (c) The report required by this section shall also include all of the following: (1) An evaluation of significant air transportation issues anticipated to be of public concern during the five-year period commencing January 1 of the year preceding the date for submission of the report and beyond. (2) Recommended modifications to state and federal law, where appropriate. (3) An overview of necessary future investments in the development and maintenance of the state's air transportation system. (4) An analysis of the department's organizational and staff needs relative to its air transportation responsibilities. (5) A review of state aeronautics policy. In preparing the portion of the report required by this subdivision, the department shall fully consider and incorporate air transportation needs as identified by local government and the private sector, as well as the need to fully integrate air transportation issues and concerns into the mission of the department. (d) The report required by this section shall also include all of the following: (1) The status of alternative technologies in transportation, including, but not limited to, the efforts made in research development. The alternative technologies reported on shall seek to improve public safety, energy efficiency, and air quality. (2) Alternatives to fossil fuels to power transportation devices, including alternative methods of propulsion of motor vehicles.SEC. 63. Section 14453 of the Government Code is amended to read: 14453. The department's role in this program shall be limited to research and development. The department shall consider the following guidelines in evaluating and selecting a site for a research and development center: (a) Sources of funding for the center, with the stipulation that the state's funding share does not exceed one-third of the total costs of the center, with the remaining funds provided from local, federal, and private sources. The department shall seek to maximize private participation in the funding of a center, and state funds shall be expended only for facilities to be used by the state to be located on real property owned by the state, including acquisition of real property to be owned by the state in fee simple or pursuant to a lease-purchase contract. (b) Accessibility to the center by rail or bus service operating at frequency headways of not less than one-half hour during peak commute hours. (c) Other criteria to be used in the evaluation of a site for the center, which shall include, but not be limited to, the following: (1) The ability of the project to enhance environmental quality, including the dedication of open space for preservation of open space, wetlands, and other wildlife habitat. (2) The ability of the project to rely on existing infrastructure, including water and sewer hookups to existing systems and access by existing roads and transit systems, or alternatively, an assurance by the local jurisdiction or jurisdictions that an infrastructure development plan has been adopted which provides for the timely construction of necessary infrastructure and which is fully funded. (3) The extent to which the project will result in the least cost to public agencies, direct and indirect, including costs incurred by state and local agencies other than the department. (4) The extent to which the project provides a return on investment of public funds to public agencies. (d) Contracting for consultant services to assist it in selecting a site for a center. (e) Receiving and evaluating proposals for the center, to be ranked in priority order consistent with this section. (f) Not committing any state funds to the project other than for the development of a request for proposals and the evaluation of proposals received in response to the request, unless funds are specifically appropriated as a separate item in the annual Budget Act for the financing, planning, design, and construction of the center.Prior to funds being included in the annual Budget Act for the center, the department shall submit a report to the Legislature which fully describes any proposal which incorporates all information and activities required by this section.(g) Construction of the center shall be subject to prevailing wage laws and minority enterprise and women business enterprise participation laws applicable to the department's highway construction projects. SEC. 64. Section 14556.36 of the Government Code is repealed.14556.36. The commission shall report annually, starting no later than February 2001, to the Governor and the Legislature on progress in implementation of the program. The report shall assess programwide implementation progress, and identify project schedules and delays, project failures, cost savings, and any opportunities for the specification of additional or alternative projects for funding. The commission report may also discuss any significant issues associated with implementation of the program, and recommend changes that could improve implementation.SEC. 65. Section 14613.7 of the Government Code is amended to read: 14613.7.(a)Each state agency that is protected by the Department of the California Highway Patrol, those state agencies currently being protected by contract private security companies, or those state agencies currently under contract with a local governmental law enforcement agency for general law enforcement services, excluding all current mutual aid agreements, shall, as soon as practical, report to the Department of the California Highway Patrol all crimes and criminally caused property damage on state-owned or state-leased property where state employees are discharging their duties. This section shall not apply to incidents that result in the filing of Incidence Memoranda issued by the Parole Divisions of the Department of Corrections and the Department of the Youth Authority.(b) The Department of the California Highway Patrol shall compile the information received pursuant to subdivision (a) and shall report to the Legislature, as necessary, on the status of criminal activity on state-owned and leased properties as specified in subdivision (a).SEC. 66. Section 14714 of the Government Code is repealed.14714. On or before two years after the effective date of the act adding this section, and every two years thereafter, the Department of General Services shall prepare and submit to the Legislature and the Governor, a report of the energy savings, if any, in terms of megawatts per year, for each public building retrofitted pursuant to this article.SEC. 67. Article 5 (commencing with Section 14760) of Chapter 5 of Part 5.5 of Division 3 of Title 2 of the Government Code is repealed. SEC. 68. Section 15438.6 of the Government Code is amended to read: 15438.6. (a) This section shall be known, and may be cited, as the Cedillo-Alarcon Community Clinic Investment Act of 2000. (b) The Legislature finds and declares all of the following: (1) Primary care clinics require capital improvements in order to continuously perform their vital role. Many primary care clinics are currently at capacity and in order to increase access to their services and allow them to expand to cover the growing need for health care for the vulnerable populations in California, these capital funds are necessary. (2) Primary care clinics are the health care safety net for the most vulnerable populations in California: uninsured, underinsured, indigent, and those in shortage designation areas. Primary care clinics provide health care regardless of the ability to pay for services. (3) Approximately 6.6 million Californians lack health insurance, a number that increases by 50,000 per month. (4) Primary care clinics have been historically and woefully underfunded. (5) Primary care clinics are the most cost-effective means of serving California's vulnerable populations. (6) The failure to adequately fund primary care clinics has resulted in significant costs to the state in the form of unnecessary emergency room visits. Also, the lack of preventive care results in significant costs when patients become severely ill. (c) The authority may award grants to any eligible clinic, as defined in subdivision (a) of Section 1204 and subdivision (c) of Section 1206 of the Health and Safety Code, for purposes of financing capital outlay projects, as defined in subdivision (f) of Section 15432. (d) The authority, in consultation with representatives of primary care clinics and other appropriate parties, shall develop selection criteria and a process for awarding grants under this section. The authority may take into account at least the following factors when selecting recipients and determining amount of grants: (1) The percentage of total expenditures attributable to uncompensated care provided by an applicant. (2) The extent to which the grant will contribute toward expansion of health care access by indigent, underserved, and uninsured populations. (3) The need for the grant based on an applicant's total net assets, relative to net assets of other applicants. For purposes of this section, "total net assets" means the amount of total assets minus total liabilities, as disclosed in an audited financial statement prepared according to United States Generally Accepted Accounting Principles, and shall include unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. (4) The geographic location of the applicant, in order to maximize broad geographic distribution of funding. (5) Demonstration by the applicant of project readiness and feasibility to the authority's satisfaction. (6) The total amount of funds appropriated and available for purposes of this section. (e) No grant to any clinic facility shall exceed two hundred fifty thousand dollars ($250,000). (f) In no event shall a grant to finance a project exceed the total cost of the project, as determined by the clinic and approved by the authority. Grants shall be awarded only to clinics that have certified to the authority that all requirements established by the authority for grantees have been met. (g) All projects that are awarded grants shall be completed within a reasonable period of time, to be determined by the authority. No funds shall be released by the authority until the applicant demonstrates project readiness to the authority's satisfaction. If the authority determines that the clinic has failed to complete the project under the terms specified in awarding the grant, the authority may require remedies, including the return of all or a portion of the grant. Certification of project completion shall be submitted to the authority by any clinic receiving a grant under this section. (h) Any clinic receiving a grant under this section shall commit to using the health facility for the purposes for which the grant was awarded for the duration of the expected life of the project.(i) Upon disbursement of all grant funds, the authority shall report to the Joint Legislative Budget Committee on the recipients of grants, the total amount of each grant, and the purpose for which each grant was awarded.(j)(i) It is the intent of the Legislature that the California Health Facilities Financing Authority be reimbursed for the costs of the administration of the implementation of this section from funds appropriated for the purposes of this section. SEC. 69. Section 15813.6 of the Government Code is repealed.15813.6. In consultation with the State Architect, the council shall prepare a report relative to the art in state buildings program pursuant to this chapter, to be submitted to Members of the Legislature as part of any report on the activities and programs of the council.SEC. 70. Section 16367.5 of the Government Code is amended to read: 16367.5. The Department of Community Services and Development shall receive and administer the federal Low-Income Home Energy Assistance Program Block Grant, provided for pursuant to the Low-Income Home Energy Assistance Act of 1981, as amended (42 U.S.C. Sec. 8621 et seq.). The department shall afford local service providers maximum flexibility and control, within the parameters of federal and state law, in the planning, administration, and delivery of Low-Income Home Energy Assistance Program Block Grant services. Local service providers shall be defined as private, nonprofit, and public agencies designated in accordance with Public Law 97-35, as amended. The formation of service regions beyond those that were in place in 1995, or those that were in place in Los Angeles County in January 1997, shall occur only with the concurrence of service providers within the proposed regions. The department shall allocate funds received as follows: (a) For federal fiscal year 1998, up to 7.3 percent of the state's total federal allocation for the Low-Income Home Energy Assistance Program shall be retained by the Department of Community Services and Development for purposes of overall planning and administration. The department shall spend at least 2.3 percent of this 7.3 percent on activities to improve the administrative efficiency of the program. At least 2.7 percent of the state's total federal allocation of the Low-Income Home Energy Assistance Program shall be allocated to local service providers for purposes of planning and administration. For federal fiscal year 1999, up to 6 percent of the state's total federal allocation of the Low-Income Home Energy Assistance Program shall be retained by the Department of Community Services and Development for purposes of overall planning and administration. The department shall spend at least 1 percent of this 6 percent on activities to improve the administrative efficiency of the program. At least 4 percent of the state's total federal allocation for the Low-Income Home Energy Assistance Program shall be allocated to local service providers for purposes of planning and administration. Beginning in federal fiscal year 2000, up to 5 percent of the state's total federal allocation for the Low-Income Home Energy Assistance Program shall be retained by the Department of Community Services and Development for purposes of overall planning and administration. At least 5 percent of the state's total federal allocation for the Low-Income Home Energy Assistance Program shall be allocated to local service providers for purposes of planning and administration. Upon achievement of administrative efficiencies, or no later than June 30, 2001, the department and the local service providers committee established pursuant to subdivision (j) shall examine the appropriate split of administrative funding between the state and local services providers necessary to achieve the intent of federal law regarding the Low-Income Home Energy Assistance Program. The department shall not retain more than 5 percent of the state's total federal allocation for the Low-Income Home Energy Assistance Program. (b) Services under this section shall be available to households in which one or more individuals are receiving: (1) Temporary Assistance for Needy Families under the state's plan approved under Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code. (2) Supplemental Security Income payments under Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code. (3) County general assistance under Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code. (4) CalFresh benefits received under the federal Supplemental Nutrition Assistance Program of the federal Food and Nutrition Act of 2008 pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code. (5) Payments under Section 415, 521, 541, or 542 of Title 38 of the United States Code, or under Section 306 of the Veterans' and Survivors' Pension Improvement Act of 1978. (6) Households with incomes that do not exceed the greater of: (A) An amount equal to 150 percent of the poverty level for this state. (B) An amount equal to 60 percent of the state median income, except that no household may be excluded from eligibility solely on the basis of household income if that income is less than 110 percent of the poverty level for this state, but priority may be given to those households with the highest home energy costs or needs in relation to household income. (c) An amount of not less than 15 percent and up to the maximum allowed by federal law of the total federal allocation shall be allocated for weatherization services for eligible individuals. For each program year, to the extent that the state is eligible, the Department of Community Services and Development shall apply to the appropriate federal agencies for any waivers that may be necessary to ensure that the amount available for the purposes of this subdivision will be the maximum amount allowable under federal law. For the purposes of this subdivision, weatherization shall include all energy conservation measures and energy efficient appliances that are cost effective and improve energy efficiency. The department shall allocate 5 percent of the weatherization program allocation to local service providers for outreach and related activities. (d) At the discretion of local service providers, the state shall allocate the maximum amount allowable under federal law to local service providers to provide services that encourage and enable households to reduce their home energy needs, thus reducing the need for energy assistance, including needs assessments, counseling, and assistance with energy vendors, in accordance with Section 2605(b) (16) of Public Law 97-35, as amended. (e) Based on data from prior years, a reasonable amount of available funds, as determined jointly by the department and the local service providers, shall be reserved until March 15 of each program year for the Energy Crisis Intervention Program. Local service providers shall submit proposed funding levels with supporting data to the department in a timely manner for inclusion in the state plan. The department shall approve local funding requests that are determined to be in compliance with federal law. These funds shall only be used for emergency assistance to eligible individuals for programs specified in this subdivision, who give evidence of one or more of the following conditions: (1) Proof of utility shutoff notice. (2) Proof of energy termination. (3) Insufficient funds to establish a new energy account. (4) Insufficient funds to pay a delinquent utility bill. (5) Insufficient funds to pay the cost of space heating devices where no alternative source of space heating is reasonably available. (6) Insufficient funds to pay for essential firewood, oil, or propane. (7) Insufficient funds to pay for the cost of emergency repairs to heating and cooling units, the emergency replacement of heating and cooling units, or both. (8) Insufficient funds to pay energy costs for a household where a household member's medical condition requires use of life support or climate and temperature control systems. (9) Other conditions that may be included in the state plan. The energy crisis intervention program shall not include advocacy, community mobilization, or community planning. After March 15 of each program year, local administrative agencies shall have the option of continuing to offer energy crisis intervention services or of reallocating a portion of or all unspent energy crisis intervention funds into direct assistance payment services. The department shall allocate 5 percent of the energy crisis intervention program allocation to the local service providers for outreach and related services. The Department of Community Services and Development shall retain all funds associated with Energy Crisis Intervention Program payments for gas and electric utility service, and shall make payments for eligible households' gas or electric service accounts directly to the utilities. The department may use alternative payment methods when direct payments to the utilities have not been arranged. (f) The remainder of the total federal allocation shall be utilized for aid for home energy costs for direct assistance payments. The department shall retain all funds associated with Home Energy Assistance Program direct assistance payments for gas and electric utility service, and shall make payments for eligible households' gas or electric service accounts directly to the utilities. The department may use alternative payment methods when direct payments to the utilities have not been arranged. (g) The Department of Community Services and Development shall contract with local public or private nonprofit agencies, or both, to provide outreach, intake, and other activities to enroll eligible individuals in the program components prescribed by this section. (h) The program components provided for in this section shall include activities to enroll households that have the highest home energy needs as determined by taking into account both the energy burden of these households, and the unique situation of these households that results from having members of vulnerable populations, including very young children, individuals with disabilities, and frail older individuals, as provided for by Section 2603(3) of Public Law 97-35, as amended, and to educate recipients about general energy conservation practices and about the availability of state and utility programs for free weatherization of low-income homes. (i) The department shall allocate 5 percent of the direct assistance payment funds to the local service providers for outreach and related services in operating the direct home energy assistance payment program. (j) The department shall establish a local service providers committee to act in an advisory capacity in the development of the annual Low-Income Home Energy Assistance Program state plan. The membership of the committee shall include one voting representative chosen by each local service provider that has a Low-Income Home Energy Assistance Program contract with the state and one representative of each interested utility company. Each local service provider may, at its option, assign its vote in writing to another entity, such as a provider association, to represent its interests.(k) By June 30, 1998, the Department of Community Services and Development shall submit a plan to the California Health and Human Services Agency to reduce state administrative costs by January 1, 2000, to no more than 5 percent of the total federal allocation for the Low-Income Home Energy Assistance Program. This plan shall be developed in consultation with the local service providers committee and shall include measurable objectives, milestones, and timelines.It shall also include, among other strategies, a plan to automate a substantial portion of the Low-Income Home Energy Assistance Program by no later than January 1, 2001. The department shall consult with the Department of Finance and the Health and Welfare Data Center in developing this automation technology.The Department of Community Services and Development shall provide quarterly status updates to the California Health and Human Services Agency and the local service providers committee established pursuant to subdivision (j) on progress made in implementing the plans and achieving the objectives and milestones specified in this subdivision. On an annual basis, from the year 1999 to the year 2001, the department shall appear before the Legislature and provide a status report on its efforts to achieve increased administrative efficiency.SEC. 71. Section 16428.6 of the Government Code is amended to read: 16428.6.(a)The Attorney General shall promptly notify the Director of Finance, Senate President pro Tempore, and the Speaker of the Assembly upon agreeing on behalf of the state to an energy settlement agreement. Notification shall include a description of how the terms of the settlement agreement, as they pertain to the state, are consistent with the purposes of this article.(b) The Attorney General shall report semiannually to the appropriate policy and fiscal committees of the Legislature and the Director of Finance on energy settlement agreements, litigation and investigation expenses, and funds expended pursuant to this article.SEC. 72. Section 17562 of the Government Code is amended to read: 17562. (a) The Legislature hereby finds and declares that the increasing revenue constraints on state and local government and the increasing costs of financing state-mandated local programs make evaluation of state-mandated local programs imperative. Accordingly, it is the intent of the Legislature to increase information regarding state mandates and establish a method for regularly reviewing the costs and benefits of state-mandated local programs. (b) (1) The Controller shall submit a report to the Joint Legislative Budget Committee and fiscal committees by October 31 of each fiscal year beginning with the 2007-08 fiscal year. This report shall summarize, by state mandate, the total amount of claims paid per fiscal year and the amount, if any, of mandate deficiencies or surpluses. This report shall be made available in an electronic spreadsheet format. (2) The Controller shall submit a report to the Joint Legislative Budget Committee, the applicable fiscal committees, and the Director of Finance by April 30 of each fiscal year. This report shall summarize, by state mandate, the total amount of unpaid claims by fiscal year that were submitted before April 1 of that fiscal year. The report shall also summarize any mandate deficiencies or surpluses. It shall be made available in an electronic spreadsheet, and shall be used for the purpose of determining the state's payment obligation under paragraph (1) of subdivision (b) of Section 6 of Article XIII B of the California Constitution. (c) After the commission submits its second semiannual report to the Legislature pursuant to Section 17600, the Legislative Analyst shall submit a report to the Joint Legislative Budget Committee and legislative fiscal committees on the mandates included in the commission's reports. The report shall make recommendations as to whether the mandate should be repealed, funded, suspended, or modified. (d) In its annual analysis of the Budget Bill and based on information provided pursuant to subdivision (b), the Legislative Analyst shall report total annual state costs for mandated programs and, as appropriate, provide an analysis of specific mandates and make recommendations on whether the mandate should be repealed, funded, suspended, or modified. (e) (1) A statewide association of local agencies or school districts or a Member of the Legislature may submit a proposal to the Legislature recommending the elimination or modification of a state-mandated local program. To make such a proposal, the association or member shall submit a letter to the Chairs of the Assembly Committee on Education or the Assembly Committee on Local Government, as the case may be, and the Senate Committee on Education or the Senate Committee on Local Government, as the case may be, specifying the mandate and the concerns and recommendations regarding the mandate. The association or member shall include in the proposal all information relevant to the conclusions. If the chairs of the committees desire additional analysis of the submitted proposal, the chairs may refer the proposal to the Legislative Analyst for review and comment. The chairs of the committees may refer up to a total of 10 of these proposals to the Legislative Analyst for review in any year. Referrals shall be submitted to the Legislative Analyst by December 1 of each year. (2) The Legislative Analyst shall review and report to the Legislature with regard to each proposal that is referred to the office pursuant to paragraph (1). The Legislative Analyst shall recommend that the Legislature adopt, reject, or modify the proposal. The report and recommendations shall be submitted annually to the Legislature by March 1 of the year subsequent to the year in which referrals are submitted to the Legislative Analyst.(3) The Department of Finance shall review all statutes enacted each year that contain provisions making inoperative Section 17561 or Section 17565 that have resulted in costs or revenue losses mandated by the state that were not identified when the statute was enacted. The review shall identify the costs or revenue losses involved in complying with the statutes. The Department of Finance shall also review all statutes enacted each year that may result in cost savings authorized by the state. The Department of Finance shall submit an annual report of the review required by this subdivision, together with the recommendations as it may deem appropriate, by December 1 of each year.(f) It is the intent of the Legislature that the Assembly Committee on Local Government and the Senate Committee on Local Government hold a joint hearing each year regarding the following: (1) The reports and recommendations submitted pursuant to subdivision (e). (2) The reports submitted pursuant to Sections 17570, 17600, and 17601. (3) Legislation to continue, eliminate, or modify any provision of law reviewed pursuant to this subdivision. The legislation may be by subject area or by year or years of enactment. SEC. 73. Section 19849.11 of the Government Code is amended to read: 19849.11. The Department of Personnel Administration, subject to such conditions as it may establish, subject to existing statutes governing health benefits and group term life insurance offered through the Public Employees' Retirement System, and subject to all other applicable provisions of state law, may enter into contracts for the purchase of employee benefits with respect to managerial and confidential employees as defined by subdivisions (e) and (f) of Section 3513, and employees excluded from the definition of state employee in subdivision (c) of Section 3513, and officers or employees of the executive branch of government who are not members of the civil service, and supervisory employees as defined in subdivision (g) of Section 3513. Benefits shall include, but not be limited to, group life insurance, group disability insurance, long-term disability insurance, group automobile liability and physical damage insurance, and homeowners' and renters' insurance. The department may self-insure the long-term disability insurance program if it is cost-effective to do so.If it is determined that a self-insured long-term disability insurance program will be established, the department shall provide its cost analysis to the Joint Legislative Budget Committee at least 30 days prior to initiating the establishment of the program.SEC. 74. Section 20233 of the Government Code is repealed.20233. The board shall report to the Governor and the Legislature, not later than December 1 of each year, on the extent to which the purpose of Section 21310 is being achieved under the provisions of this article and Article 2 (commencing with Section 20120) and the amount of supplementary increases in retirement allowances required to meet the objective of preserving the purchasing power of benefits provided by this system. The board shall also determine and report on the increase in the state contribution rate required to provide the supplementary increases for state members, other than school members.SEC. 75. Section 20238 of the Government Code is repealed.20238. In addition to any other reports that it may be required to make by law, the board shall annually file a separate report to the Legislature and each appointing power and other appointing authority on the number of new state retirees, by individual state employer, that are processed in the immediately preceding fiscal year to the service, disability, and industrial disability retirement rolls and on the incurred cost of this system for state members for the immediately preceding three fiscal years. As used in this section, "incurred cost" means all paid and expected future cost of an industrial disability retirement. There shall be deducted from the gross incurred cost the amount of service time accrued by an employee.SEC. 76. Section 22959.6 of the Government Code is amended to read: 22959.6. (a) The Department of Personnel Administration may contract with one or more vision care plans for annuitants and eligible family members, provided the carrier or carriers have operated successfully in the area of vision care benefits for a reasonable period, as determined by the Department of Personnel Administration. (b) The Department of Personnel Administration, as the program administrator, has full administrative authority over this program and associated funds and shall require the monthly premium to be paid by the annuitant for the vision care plan. The premium to be paid by the annuitant shall be deducted from his or her monthly allowance. If there are insufficient funds in an annuitant's allowance to pay the premium, the plan provider shall directly bill the annuitant. A vision care plan or plans provided under this authority shall be funded by the annuitants' premium. All premiums received from annuitants shall be deposited in the Vision Care Program for State Annuitants Fund, which is hereby created in the State Treasury. Any income earned on the moneys in the Vision Care Program for State Annuitants Fund shall be credited to the fund. Notwithstanding Section 13340, moneys in the fund are continuously appropriated for the purposes specified in subdivision (d). (c) An annuitant may enroll in a vision care plan provided by a carrier that also provides a health benefit plan pursuant to Section 22850 if the employee or annuitant is also enrolled in the health benefit plan provided by that carrier. However, nothing in this section may be construed to require an annuitant to enroll in a vision care plan and a health benefit plan provided by the same carrier. An annuitant enrolled in this program shall only enroll into a vision plan or vision plans contracted for by the Department of Personnel Administration. (d) No contract for a vision care plan may be entered into unless the Department of Personnel Administration determines it is reasonable to do so. Notwithstanding any other provision of law, any premium moneys paid into this program by annuitants for the purposes of the annuitant vision care plan that is contracted for shall be used for the cost of providing vision care benefits to eligible, enrolled annuitants and their eligible and enrolled dependents, the payment of claims for those vision benefits, and the cost of administration of the vision care plan or plans under this vision care program, those costs being determined by the Department of Personnel Administration. (e) If the Director of the Department of Personnel Administration determines that it is not economically feasible to continue this program anytime after its commencement, the director may, upon written notice to enrollees and to the contracting plan or plans, terminate this program within a reasonable time. The notice of termination to the plan or plans shall be determined by the Department of Personnel Administration. The notice to enrollees of the termination of the program shall commence no later than three months prior to the actual date of termination of the program. (f) Premium rates for this program shall be determined by the Department of Personnel Administration in conjunction with the contracted plan or plans and shall be considered separate and apart from active employee premium rates.(g) The director shall report to the Legislature, prior to the end of the second quarter of the third plan year, on the continued economic sustainability of the Vision Care Program for State Annuitants.SEC. 77. Section 30061 of the Government Code is amended to read: 30061. (a) There shall be established in each county treasury a Supplemental Law Enforcement Services Account (SLESA), to receive all amounts allocated to a county for purposes of implementing this chapter. (b) In any fiscal year for which a county receives moneys to be expended for the implementation of this chapter, the county auditor shall allocate the moneys in the county's SLESA within 30 days of the deposit of those moneys into the fund. The moneys shall be allocated as follows: (1) Five and fifteen-hundredths percent to the county sheriff for county jail construction and operation. In the case of Madera, Napa, and Santa Clara Counties, this allocation shall be made to the county director or chief of corrections. (2) Five and fifteen-hundredths percent to the district attorney for criminal prosecution. (3) Thirty-nine and seven-tenths percent to the county and the cities within the county, and, in the case of San Mateo, Kern, Siskiyou, and Contra Costa Counties, also to the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District, in accordance with the relative population of the cities within the county and the unincorporated area of the county, and the Broadmoor Police Protection District in the County of San Mateo, the Bear Valley Community Services District and the Stallion Springs Community Services District in Kern County, the Lake Shastina Community Services District in Siskiyou County, and the Kensington Police Protection and Community Services District in Contra Costa County, as specified in the most recent January estimate by the population research unit of the Department of Finance, and as adjusted to provide, except as provided in subdivision (j), a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. For a newly incorporated city whose population estimate is not published by the Department of Finance, but that was incorporated prior to July 1 of the fiscal year in which an allocation from the SLESA is to be made, the city manager, or an appointee of the legislative body, if a city manager is not available, and the county administrative or executive officer shall prepare a joint notification to the Department of Finance and the county auditor with a population estimate reduction of the unincorporated area of the county equal to the population of the newly incorporated city by July 15, or within 15 days after the Budget Act is enacted, of the fiscal year in which an allocation from the SLESA is to be made. No person residing within the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, or the Kensington Police Protection and Community Services District shall also be counted as residing within the unincorporated area of the County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city located within those counties. Except as provided in subdivision (j), the county auditor shall allocate a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. Moneys allocated to the county pursuant to this subdivision shall be retained in the county SLESA, and moneys allocated to a city pursuant to this subdivision shall be deposited in an SLESA established in the city treasury. (4) Fifty percent to the county or city and county to implement a comprehensive multiagency juvenile justice plan as provided in this paragraph. The juvenile justice plan shall be developed by the local juvenile justice coordinating council in each county and city and county with the membership described in Section 749.22 of the Welfare and Institutions Code. If a plan has been previously approved by the Corrections Standards Authority or, commencing July 1, 2012, by the Board of State and Community Corrections, the plan shall be reviewed and modified annually by the council. The plan or modified plan shall be approved by the county board of supervisors, and in the case of a city and county, the plan shall also be approved by the mayor. The plan or modified plan shall be submitted to the Board of State and Community Corrections by May 1 of each year. (A) Juvenile justice plans shall include, but not be limited to, all of the following components: (i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and youth services resources that specifically target at-risk juveniles, juvenile offenders, and their families. (ii) An identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety risk from juvenile crime, such as gang activity, daylight burglary, late-night robbery, vandalism, truancy, controlled substances sales, firearm-related violence, and juvenile substance abuse and alcohol use. (iii) A local juvenile justice action strategy that provides for a continuum of responses to juvenile crime and delinquency and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for at-risk youth and juvenile offenders. (iv) Programs identified in clause (iii) that are proposed to be funded pursuant to this subparagraph, including the projected amount of funding for each program. (B) Programs proposed to be funded shall satisfy all of the following requirements: (i) Be based on programs and approaches that have been demonstrated to be effective in reducing delinquency and addressing juvenile crime for any elements of response to juvenile crime and delinquency, including prevention, intervention, suppression, and incapacitation. (ii) Collaborate and integrate services of all the resources set forth in clause (i) of subparagraph (A), to the extent appropriate. (iii) Employ information sharing systems to ensure that county actions are fully coordinated, and designed to provide data for measuring the success of juvenile justice programs and strategies. (iv) Adopt goals related to the outcome measures that shall be used to determine the effectiveness of the local juvenile justice action strategy. (C) The plan shall also identify the specific objectives of the programs proposed for funding and specified outcome measures to determine the effectiveness of the programs and contain an accounting for all program participants, including those who do not complete the programs. Outcome measures of the programs proposed to be funded shall include, but not be limited to, all of the following: (i) The rate of juvenile arrests per 100,000 population. (ii) The rate of successful completion of probation. (iii) The rate of successful completion of restitution and court-ordered community service responsibilities. (iv) Arrest, incarceration, and probation violation rates of program participants. (v) Quantification of the annual per capita costs of the program. (D) The Board of State and Community Corrections shall review plans or modified plans submitted pursuant to this paragraph within 30 days upon receipt of submitted or resubmitted plans or modified plans. The board shall approve only those plans or modified plans that fulfill the requirements of this paragraph, and shall advise a submitting county or city and county immediately upon the approval of its plan or modified plan. The board shall offer, and provide, if requested, technical assistance to any county or city and county that submits a plan or modified plan not in compliance with the requirements of this paragraph. The SLESA shall only allocate funding pursuant to this paragraph upon notification from the board that a plan or modified plan has been approved.(E) To assess the effectiveness of programs funded pursuant to this paragraph using the program outcome criteria specified in subparagraph (C), the following periodic reports shall be submitted:(i) Each county or city and county shall report, beginning October 15, 2002, and annually each October 15 thereafter, to the county board of supervisors and the Board of State and Community Corrections, in a format specified by the board, on the programs funded pursuant to this chapter and program outcomes as specified in subparagraph (C).(ii) The Board of State and Community Corrections shall compile the local reports and, by March 15, 2003, and annually thereafter, make a report to the Governor and the Legislature on program expenditures within each county and city and county from the appropriation for the purposes of this paragraph, on the outcomes as specified in subparagraph (C) of the programs funded pursuant to this paragraph and the statewide effectiveness of the comprehensive multiagency juvenile justice plans.(c) Subject to subdivision (d), for each fiscal year in which the county, each city, the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District receive moneys pursuant to paragraph (3) of subdivision (b), the county, each city, and each district specified in this subdivision shall appropriate those moneys in accordance with the following procedures: (1) In the case of the county, the county board of supervisors shall appropriate existing and anticipated moneys exclusively to provide frontline law enforcement services, other than those services specified in paragraphs (1) and (2) of subdivision (b), in the unincorporated areas of the county, in response to written requests submitted to the board by the county sheriff and the district attorney. Any request submitted pursuant to this paragraph shall specify the frontline law enforcement needs of the requesting entity, and those personnel, equipment, and programs that are necessary to meet those needs. (2) In the case of a city, the city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides police services for that city. (3) In the case of the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County, the legislative body of that special district shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief administrator of the law enforcement agency that provides police services for that special district. (d) For each fiscal year in which the county, a city, or the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County receives any moneys pursuant to this chapter, in no event shall the governing body of any of those recipient agencies subsequently alter any previous, valid appropriation by that body, for that same fiscal year, of moneys allocated to the county or city pursuant to paragraph (3) of subdivision (b). (e) For the 2011-12 fiscal year, the Controller shall allocate 23.54 percent of the amount deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 for the purposes of paragraphs (1), (2), and (3) of subdivision (b), and shall allocate 23.54 percent for purposes of paragraph (4) of subdivision (b). (f) Commencing with the 2012-13 fiscal year, the Controller shall allocate 21.86 percent of the amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 for the purposes of paragraphs (1) to (3), inclusive, of subdivision (b), and shall allocate 21.86 percent for purposes of paragraph (4) of subdivision (b). (g) The Controller shall allocate funds to local jurisdictions for public safety in accordance with this section as annually calculated by the Director of Finance. (h) Funds received pursuant to subdivision (b) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit unspent SLESA moneys received after April 1, 2009, to the Controller for deposit in the Local Safety and Protection Account, after April 1, 2012, to the Local Law Enforcement Services Account, and after July 1, 2012, to the County Enhancing Law Enforcement Activities Subaccount. (i) In the 2010-11 fiscal year, if the fourth quarter revenue derived from fees imposed by subdivision (a) of Section 10752.2 of the Revenue and Taxation Code that are deposited in the General Fund and transferred to the Local Safety and Protection Account, and continuously appropriated to the Controller for allocation pursuant to this section, are insufficient to provide a minimum grant of one hundred thousand dollars ($100,000) to each law enforcement jurisdiction, the county auditor shall allocate the revenue proportionately, based on the allocation schedule in paragraph (3) of subdivision (b). The county auditor shall proportionately allocate, based on the allocation schedule in paragraph (3) of subdivision (b), all revenues received after the distribution of the fourth quarter allocation attributable to these fees for which payment was due prior to July 1, 2011, until all minimum allocations are fulfilled, at which point all remaining revenue shall be distributed proportionately among the other jurisdictions. SEC. 78. Section 64000 of the Government Code is amended to read: 64000. (a) The California Transportation Commission may allocate available federal and state transportation funds to the Department of Transportation, consistent with all applicable state and federal laws governing the use of those funds, to implement the purposes of, and to operate and manage, the Transportation Finance Bank as provided in accordance with the provisions of Section 350 of Public Law 104-59 and Section 1511 of Public Law 105-178 using only funds made available to the department through the annual budget act. (b) The department shall act as a lender in administering the Transportation Finance Bank and in entering into enforceable commitments to implement, operate, and manage the program created by this section to achieve the purposes of the Transportation Finance Bank. (c) The department shall develop, and may amend as necessary, the guidelines and loan documents for the program, which shall be presented to the commission for adoption. (d) An allocation of funds by the commission to meet capital and interest obligations created by the Transportation Finance Bank as those obligations become due shall be construed as an expenditure of those funds in the county or counties where the project is located. In the event of default on the loan, an amount equivalent to the remaining loan balance plus all accrued interest and penalties shall be deducted from the STIP county share of the affected county or counties pursuant to Sections 14524 and 14525 and an amount equivalent to the remaining loan balance plus all accrued interest and penalties shall be transferred from the State Highway Account to the Transportation Finance Bank. Interest shall continue to accrue up to the date that the fund transfer is actually made. (e) An eligible entity requesting loan funds under this section shall first receive approval of the project from the applicable regional transportation planning agency or county transportation commission where the project is located prior to the execution of a loan agreement with the department and the receipt of any funding. (f) Only projects that have a dedicated revenue source and are eligible for assistance under Section 1511 of Public Law 105-178 are entitled to funding under this section. (g) The Local Transportation Loan Account is hereby created in the State Highway Account in the State Transportation Fund for the management of funds for loans to local entities pursuant to this section. All funds for transportation loans in the Federal Trust Fund are hereby transferred to the Local Transportation Loan Account. The department shall deposit in the Local Transportation Loan Account all money received by the department from repayments of and interest and penalties on existing and future transportation loans from the Transportation Finance Bank. Interest on money in the Local Transportation Loan Account shall be credited to that account as it accrues. (h) Notwithstanding Section 13340, the money in the Local Transportation Loan Account is continuously appropriated to the department without regard to fiscal years for purposes of loans to eligible projects as defined by Section 1511 of Public Law 105-178.(i) On or before March 1 of each year in which the loan program authorized by this section is effective, the department shall report, to the fiscal committees and the policy committees of the Legislature that consider transportation issues, on its activities in administering that program. The report shall include, but not be limited to, the total amount of loans issued by the department pursuant to this section, a description of the projects funded by those loans, the identification of all recipients of those loans, and any loans that the department intends to make in the subsequent fiscal year pursuant to this section.SEC. 79. Section 63.6 of the Harbors and Navigation Code is repealed.63.6. (a) (1) On or before January 15 of each odd-numbered year, the director shall make a report to the commission, the Legislature, and the Governor covering the operations of the department for the preceding biennium. (2) With respect to Article 5 (commencing with Section 76), the report shall include all of the following: (A) The total amount of loans made in each of the two fiscal years immediately preceding the preparation and submission of the report. (B) For each recipient of a loan during each of the two fiscal years immediately preceding the preparation and submission of the report, the recipient's name, the location of the marina for which the loan was made, and the amount of the loan. (C) The financial status of each loan. (D) Any legislative recommendations. (3) The report shall also include the status of the department's activities related to the monitoring of rates pursuant to Section 71.4 and subdivision (d) of Section 76.7. (4) The report shall also include an evaluation of the public participation in the personal watercraft education course developed by the department pursuant to subdivision (b) of Section 668.3 and a determination of the effect of the course on personal watercraft safety in California. (b) The department shall also make any special reports that are requested by the Secretary of Resources or the Governor.SEC. 80. Section 1159.5 of the Harbors and Navigation Code is repealed.1159.5. The Business, Transportation and Housing Agency shall provide comments and recommendations, if any, to the board and the Legislature based on the final audits of the Bureau of State Audits completed pursuant to Section 1159.4 no later than six months from the date that the agency receives the final audit.SEC. 81. Section 1342.7 of the Health and Safety Code is amended to read: 1342.7. (a) The Legislature finds that in enacting Sections 1367.215, 1367.25, 1367.45, 1367.51, and 1374.72, it did not intend to limit the department's authority to regulate the provision of medically necessary prescription drug benefits by a health care service plan to the extent that the plan provides coverage for those benefits. (b) (1) Nothing in this chapter shall preclude a plan from filing relevant information with the department pursuant to Section 1352 to seek the approval of a copayment, deductible, limitation, or exclusion to a plan's prescription drug benefits. If the department approves an exclusion to a plan's prescription drug benefits, the exclusion shall not be subject to review through the independent medical review process pursuant to Section 1374.30 on the grounds of medical necessity. The department shall retain its role in assessing whether issues are related to coverage or medical necessity pursuant to paragraph (2) of subdivision (d) of Section 1374.30. (2) A plan seeking approval of a copayment or deductible may file an amendment pursuant to Section 1352.1. A plan seeking approval of a limitation or exclusion shall file a material modification pursuant to subdivision (b) of Section 1352. (c) Nothing in this chapter shall prohibit a plan from charging a subscriber or enrollee a copayment or deductible for a prescription drug benefit or from setting forth by contract, a limitation or an exclusion from, coverage of prescription drug benefits, if the copayment, deductible, limitation, or exclusion is reported to, and found unobjectionable by, the director and disclosed to the subscriber or enrollee pursuant to the provisions of Section 1363. (d) The department in developing standards for the approval of a copayment, deductible, limitation, or exclusion to a plan's prescription drug benefits, shall consider alternative benefit designs, including, but not limited to, the following: (1) Different out-of-pocket costs for consumers, including copayments and deductibles. (2) Different limitations, including caps on benefits. (3) Use of exclusions from coverage of prescription drugs to treat various conditions, including the effect of the exclusions on the plan's ability to provide basic health care services, the amount of subscriber or enrollee premiums, and the amount of out-of-pocket costs for an enrollee. (4) Different packages negotiated between purchasers and plans. (5) Different tiered pharmacy benefits, including the use of generic prescription drugs. (6) Current and past practices. (e) The department shall develop a regulation outlining the standards to be used in reviewing a plan's request for approval of its proposed copayment, deductible, limitation, or exclusion on its prescription drug benefits. (f) Nothing in subdivision (b) or (c) shall permit a plan to limit prescription drug benefits provided in a manner that is inconsistent with Sections 1367.215, 1367.25, 1367.45, 1367.51, and 1374.72. (g) Nothing in this section shall be construed to require or authorize a plan that contracts with the State Department of Health Services to provide services to Medi-Cal beneficiaries or with the Managed Risk Medical Insurance Board to provide services to enrollees of the Healthy Families Program to provide coverage for prescription drugs that are not required pursuant to those programs or contracts, or to limit or exclude any prescription drugs that are required by those programs or contracts. (h) Nothing in this section shall be construed as prohibiting or otherwise affecting a plan contract that does not cover outpatient prescription drugs except for coverage for limited classes of prescription drugs because they are integral to treatments covered as basic health care services, including, but not limited to, immunosuppressives, in order to allow for transplants of bodily organs. (i)(1)The department shall periodically review its regulations developed pursuant to this section.(2) On or before July 1, 2004, and annually thereafter, the department shall report to the Legislature on the ongoing implementation of this section.(j) This section shall become operative on January 2, 2003, and shall only apply to contracts issued, amended, or renewed on or after that date. SEC. 82. Section 1357.16 of the Health and Safety Code is amended to read: 1357.16. (a) Health care service plans may enter into contractual agreements with qualified associations, as defined in subdivision (b), under which these qualified associations may assume responsibility for performing specific administrative services, as defined in this section, for qualified association members. Health care service plans that enter into agreements with qualified associations for assumption of administrative services shall establish uniform definitions for the administrative services that may be provided by a qualified association or its third-party administrator. The health care service plan shall permit all qualified associations to assume one or more of these functions when the health care service plan determines the qualified association demonstrates the administrative capacity to assume these functions. For the purposes of this section, administrative services provided by qualified associations or their third-party administrators shall be services pertaining to eligibility determination, enrollment, premium collection, sales, or claims administration on a per-claim basis that would otherwise be provided directly by the health care service plan or through a third-party administrator on a commission basis or an agent or solicitor workforce on a commission basis. Each health care service plan that enters into an agreement with any qualified association for the provision of administrative services shall offer all qualified associations with which it contracts the same premium discounts for performing those services the health care service plan has permitted the qualified association or its third-party administrator to assume. The health care service plan shall apply these uniform discounts to the health care service plan's risk adjusted employee risk rates after the health plan has determined the qualified association's risk adjusted employee risk rates pursuant to Section 1357.12. The health care service plan shall report to the Department of Managed Health Care its schedule of discount for each administrative service. In no instance may a health care service plan provide discounts to qualified associations that are in any way intended to, or materially result in, a reduction in premium charges to the qualified association due to the health status of the membership of the qualified association. In addition to any other remedies available to the director to enforce this chapter, the director may declare a contract between a health care service plan and a qualified association for administrative services pursuant to this section null and void if the director determines any discounts provided to the qualified association are intended to, or materially result in, a reduction in premium charges to the qualified association due to the health status of the membership of the qualified association. (b) For the purposes of this section, a qualified association is a nonprofit corporation comprised of a group of individuals or employers who associate based solely on participation in a specified profession or industry, that conforms to all of the following requirements: (1) It accepts for membership any individual or small employer meeting its membership criteria. (2) It does not condition membership directly or indirectly on the health or claims history of any person. (3) It uses membership dues solely for and in consideration of the membership and membership benefits, except that the amount of the dues shall not depend on whether the member applies for or purchases insurance offered by the association. (4) It is organized and maintained in good faith for purposes unrelated to insurance. (5) It existed on January 1, 1972, and has been in continuous existence since that date. (6) It has a constitution and bylaws or other analogous governing documents that provide for election of the governing board of the association by its members. (7) It offered, marketed, or sold health coverage to its members for 20 continuous years prior to January 1, 1993. (8) It agrees to offer only to association members any plan contract. (9) It agrees to include any member choosing to enroll in the plan contract offered by the association, provided that the member agrees to make required premium payments. (10) It complies with all provisions of this article. (11) It had at least 10,000 enrollees covered by association sponsored plans immediately prior to enactment of Chapter 1128 of the Statutes of 1992. (12) It applies any administrative cost at an equal rate to all members purchasing coverage through the qualified association. (c) A qualified association shall comply with Section 1357.52.(d) The department shall monitor compliance with this section and report the impact of any noncompliance to the Assembly Insurance Committee and the Senate Insurance Committee on January 1, 2002.SEC. 83. Section 1626 of the Health and Safety Code is amended to read: 1626. (a) Except as provided in subdivisions (b) and (c), it shall be unlawful, in any transfusion of blood, to use any blood that was obtained from a paid donor. (b) Subdivision (a) shall not be applicable to any transfusion of blood that was obtained from a paid donor if the physician and surgeon performing the transfusion has determined, taking into consideration the condition of the patient who is the recipient of the transfusion, that other blood of a type compatible with the blood type of the patient cannot reasonably be obtained for the transfusion. (c) Subdivision (a) shall not apply to blood platelets secured from paid donors through the hemapheresis process if all of the following requirements are satisfied: (1) The blood platelets are ordered by a doctor holding a valid California physician's and surgeon's certificate. (2) The blood platelets are secured from a single donor and are sufficient to constitute a complete platelet transfusion. (3) The donor's identification number is recorded on the platelet label and is kept in the records of the entity providing the blood platelets for a minimum of five years. (4) The donor has been examined by a doctor holding a valid California physician's and surgeon's certificate, and a repeat donor is reexamined at least annually. (5) The transfusion is performed in a general acute care hospital. (6) The blood platelets are processed according to standards issued by the American Association of Blood Banks, pursuant to Section 1602.1. (7) The donor and blood are tested in accordance with regulations issued by the State Department of Health Services. (8) The entity providing the blood platelets is licensed by the State Department of Health Services. (9) The information that the donor of the blood platelets was compensated is printed on the label in accordance with Section 1603.5. (10) In all instances, a potential donor shall provide a blood sample, which shall be tested with the standard panel of blood tests required by the State Department of Health Services for all blood donations. The results of the testing shall be obtained, evaluated, and determined to be acceptable prior to allowing the potential donor to provide his or her first donation of platelets. In addition, all donors shall be required to schedule an appointment for platelet donation. (11) Any entity that is not collecting blood platelets from paid donors on August 1, 2000, shall obtain written permission from the director prior to compensating any donor for blood platelets. (d) Subdivision (c) shall become inoperative on January 1, 2003.(e) (1) Commencing in January 1996, and every year thereafter through the 2002 calendar year, those blood banks acquiring blood platelets from paid donors shall report all of the following information to the State Department of Health Services:(A) The specific actions undertaken to obtain blood platelets from volunteer donors.(B) The percentage of compensated and volunteer donors from whom blood platelets were obtained during the period covered by the report.(C) The number of repeat donors making platelet donations during the period covered by the report.(2) The department shall transmit the information received pursuant to this subdivision to the Senate Health and Human Services Committee and the Assembly Health Committee for review by those committees consistent with subdivision (a). The department shall monitor and assess the supply and distribution of hemapheresis products, and shall recommend to the Legislature any action the department believes beneficial to the supply, safety, and quality of blood products used in this state.(3) Paragraph (1) of this subdivision is not intended to require the disclosure and reporting of information that would put the blood banks at a competitive disadvantage in attracting volunteer donors.SEC. 84. Section 24275 of the Health and Safety Code is amended to read: 24275. (a)The State Department of Health Services, in conjunction with the study required pursuant to Chapter 116 of the Statutes of 1986, shall report to the Legislature by January 1, 1987, and periodically thereafter, on the most effective air monitoring standard for the airborne concentration of asbestos in any public school building that is both economically and technologically feasible.If thedepartmentState Department of Health Services believes that the air monitoring standard for asbestos in public school buildings as specified in Section 49410.7 of the Education Code should be revised, it shall promulgate a regulation to that effect. (b) The department shall provide the Office of Public School Construction with appropriate sampling methodology for use in taking air samples in public school buildings. SEC. 85. Section 25150.7 of the Health and Safety Code is amended to read: 25150.7. (a) The Legislature finds and declares that this section is intended to address the unique circumstances associated with the generation and management of treated wood waste. The Legislature further declares that this section does not set a precedent applicable to the management, including disposal, of other hazardous wastes. (b) For purposes of this section, the following definitions shall apply: (1) "Treated wood" means wood that has been treated with a chemical preservative for purposes of protecting the wood against attacks from insects, microorganisms, fungi, and other environmental conditions that can lead to decay of the wood and the chemical preservative is registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.). (2) "Wood preserving industry" means business concerns, other than retailers, that manufacture or sell treated wood products in the state. (c) This section applies only to treated wood waste that is a hazardous waste, solely due to the presence of a preservative in the wood, and to which both of the following requirements apply: (1) The treated wood waste is not subject to regulation as a hazardous waste under the federal act. (2) Section 25143.1.5 does not apply to the treated wood waste. (d) (1) Notwithstanding Sections 25189.5 and 25201, treated wood waste shall be disposed of in either a class I hazardous waste landfill, or in a composite-lined portion of a solid waste landfill unit that meets all requirements applicable to disposal of municipal solid waste in California after October 9, 1993, and that is regulated by waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code for discharges of designated waste, as defined in Section 13173 of the Water Code, or treated wood waste. (2) A solid waste landfill that accepts treated wood waste shall comply with all of the following requirements: (A) Manage the treated wood waste so as to prevent scavenging. (B) Ensure that any management of the treated wood waste at the solid waste landfill prior to disposal, or in lieu of disposal, complies with the applicable requirements of this chapter, except as otherwise provided by regulations adopted pursuant to subdivision (f). (C) If monitoring at the composite-lined portion of a landfill unit at which treated wood waste has been disposed of indicates a verified release, then treated wood waste shall no longer be discharged to that landfill unit until corrective action results in cessation of the release. (e) (1) Each wholesaler and retailer of treated wood and treated wood-like products in this state shall conspicuously post information at or near the point of display or customer selection of treated wood and treated wood-like products used for fencing, decking, retaining walls, landscaping, outdoor structures, and similar uses. The information shall be provided to wholesalers and retailers by the wood preserving industry in 22-point font, or larger, and contain the following message: Warning--Potential Danger These products are treated with wood preservatives registered with the United States Environmental Protection Agency and the California Department of Pesticide Regulation and should only be used in compliance with the product labels. This wood may contain chemicals classified by the State of California as hazardous and should be handled and disposed of with care. Check product label for specific preservative information and Proposition 65 warnings concerning presence of chemicals known to the State of California to cause cancer or birth defects. Anyone working with treated wood, and anyone removing old treated wood, needs to take precautions to minimize exposure to themselves, children, pets, or wildlife, including: ? Avoid contact with skin. Wear gloves and long sleeved shirts when working with treated wood. Wash exposed areas thoroughly with mild soap and water after working with treated wood. ? Wear a dust mask when machining any wood to reduce the inhalation of wood dusts. Avoid frequent or prolonged inhalation of sawdust from treated wood. Machining operations should be performed outdoors whenever possible to avoid indoor accumulations of airborne sawdust. ? Wear appropriate eye protection to reduce the potential for eye injury from wood particles and flying debris during machining. ? If preservative or sawdust accumulates on clothes, launder before reuse. Wash work clothes separately from other household clothing. ? Promptly clean up and remove all sawdust and scraps and dispose of appropriately. ? Do not use treated wood under circumstances where the preservative may become a component of food or animal feed. ? Only use treated wood that's visibly clean and free from surface residue for patios, decks, or walkways. ? Do not use treated wood where it may come in direct or indirect contact with public drinking water, except for uses involving incidental contact such as docks and bridges. ? Do not use treated wood for mulch. ? Do not burn treated wood. Preserved wood should not be burned in open fires, stoves, or fireplaces. For further information, go to the Internet Web site for the Western Wood Preservers Institute (http://www.wwpinstitute.org) or call the toll-free telephone number of the California Treated Wood Information Hotline at 1-866-696-8315. In addition to the above listed precautions, treated wood waste shall be managed in compliance with applicable hazardous waste control laws. (2) On or before July 1, 2005, the wood preserving industry shall, jointly and in consultation with the department, make information available to generators of treated wood waste, including fencing, decking and landscape contractors, solid waste landfills, and transporters, that describes how to best handle, dispose of, and otherwise manage treated wood waste, through the use either of a toll-free telephone number, Internet Web site, information labeled on the treated wood, information accompanying the sale of the treated wood, or by mailing if the department determines that mailing is feasible and other methods of communication would not be as effective. A treated wood manufacturer or supplier to a wholesaler or retailer shall also provide the information with each shipment of treated wood products to a wholesaler or retailer, and the wood preserving industry shall provide it to fencing, decking, and landscaping contractors, by mail, using the Contractors' State License Board's available listings, and license application packages. The department may provide guidance to the wood preserving industry, to the extent resources permit. (f) (1) On or before January 1, 2007, the department, in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the Office of Environmental Health Hazard Assessment, and after consideration of any known health hazards associated with treated wood waste, shall adopt and may subsequently revise as necessary, regulations establishing management standards for treated wood waste as an alternative to the requirements specified in this chapter and the regulations adopted pursuant to this chapter. (2) The regulations adopted pursuant to this subdivision shall, at a minimum, ensure all of the following: (A) Treated wood waste is properly stored, treated, transported, tracked, disposed of, and otherwise managed so as to prevent, to the extent practical, releases of hazardous constituents to the environment, prevent scavenging, and prevent harmful exposure of people, including workers and children, aquatic life, and animals to hazardous chemical constituents of the treated wood waste. (B) Treated wood waste is not reused, with or without treatment, except for a purpose that is consistent with the approved use of the preservative with which the wood has been treated. For purposes of this subparagraph, "approved uses" means a use approved at the time the treated wood waste is reused. (C) Treated wood waste is managed in accordance with all applicable laws. (D) Any size reduction of treated wood waste is conducted in a manner that prevents the uncontrolled release of hazardous constituents to the environment, and that conforms to applicable worker health and safety requirements. (E) All sawdust and other particles generated during size reduction are captured and managed as treated wood waste. (F) All employees involved in the acceptance, storage, transport, and other management of treated wood waste are trained in the safe and legal management of treated wood waste, including, but not limited to, procedures for identifying and segregating treated wood waste. (3) This subdivision does not authorize the department to adopt a regulation that does one or more of the following: (A) Imposes a requirement as an addition to, rather than as an alternative to, one or more of the requirements of this chapter. (B) Supersedes subdivision (d) concerning the disposal of treated wood waste. (C) Supersedes any other provision of this chapter that provides a conditional or unconditional exclusion, exemption, or exception to a requirement of this chapter or the regulations adopted pursuant to this chapter, except the department may adopt a regulation pursuant to this subdivision that provides an alternative condition for a requirement specified in this chapter for an exclusion, exemption, or exception and that allows an affected person to choose between complying with the requirements specified in this chapter or complying with the alternative conditions set forth in the regulation. (g) (1) A person managing treated wood waste who is subject to a requirement of this chapter, including a regulation adopted pursuant to this chapter, shall comply with either the alternative standard specified in the regulations adopted pursuant to subdivision (f) or with the requirements of this chapter. (2) A person who is in compliance with the alternative standard specified in the regulations adopted pursuant to subdivision (f) is deemed to be in compliance with the requirement of this chapter for which the regulation is identified as being an alternative, and the department and any other entity authorized to enforce this chapter shall consider that person to be in compliance with that requirement of this chapter. (h) On January 1, 2005, all variances granted by the department before January 1, 2005, governing the management of treated wood waste are inoperative and have no further effect. (i) This section does not limit the authority or responsibility of the department to adopt regulations under any other law.(j) On or before June 1, 2011, the department shall prepare and post on its Internet Web site a report that makes a determination regarding the successful compliance with, and implementation of, this section.(k)(j) This section shall become inoperative on June 1, 2017, and, as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.(l)(k) A regulation adopted pursuant to this section on or before June 1, 2012, shall continue in force and effect after that date, until repealed or revised by the department. SEC. 86. Section 25174 of the Health and Safety Code is amended to read: 25174. (a) There is in the General Fund the Hazardous Waste Control Account, which shall be administered by the director. In addition to any other money that may be deposited in the Hazardous Waste Control Account, pursuant to statute, all of the following amounts shall be deposited in the account: (1) The fees collected pursuant to Sections 25174.1, 25205.2, 25205.5, 25205.15, and 25205.16. (2) The fees collected pursuant to Section 25187.2, to the extent that those fees are for the oversight of corrective action taken under this chapter. (3) Any interest earned upon the money deposited in the Hazardous Waste Control Account. (4) Any money received from the federal government pursuant to the federal act. (5) Any reimbursements for funds expended from the Hazardous Waste Control Account for services provided by the department pursuant to this chapter, including, but not limited to, the reimbursements required pursuant to Sections 25201.9 and 25205.7. (b) The funds deposited in the Hazardous Waste Control Account may be appropriated by the Legislature, for expenditure as follows: (1) To the department for the administration and implementation of this chapter. (2) To the department for allocation to the State Board of Equalization to pay refunds of fees collected pursuant to Sections 43051 and 43053 of the Revenue and Taxation Code and for the administration and collection of the fees imposed pursuant to Article 9.1 (commencing with Section 25205.1) that are deposited into the Hazardous Waste Control Account. (3) To the department for the costs of performance or review of analyses of past, present, or potential environmental public health effects related to toxic substances, including extremely hazardous waste, as defined in Section 25115, and hazardous waste, as defined in Section 25117. (4)(A)To the department for allocation to the office of the Attorney General for the support of the Toxic Substance Enforcement Program in the office of the Attorney General, in carrying out the purposes of this chapter.(B) On or before October 1 of each year, the Attorney General shall report to the Legislature on the expenditure of any funds allocated to the office of the Attorney General for the preceding fiscal year pursuant to this paragraph and paragraph (14) of subdivision (b) of Section 25173.6. The report shall include all of the following:(i) A description of cases resolved by the office of the Attorney General through settlement or court order, including the monetary benefit to the department and the state.(ii) A description of injunctions or other court orders benefiting the people of the state.(iii) A description of any cases in which the Attorney General's Toxic Substance Enforcement Program is representing the department or the state against claims by defendants or responsible parties.(iv) A description of other pending litigation handled by the Attorney General's Toxic Substance Enforcement Program.(C) Nothing in subparagraph (C) shall require the Attorney General to report on any confidential or investigatory matter.(5) To the department for administration and implementation of Chapter 6.11 (commencing with Section 25404). (c) (1) Expenditures from the Hazardous Waste Control Account for support of state agencies other than the department shall, upon appropriation by the Legislature to the department, be subject to an interagency agreement or similar mechanism between the department and the state agency receiving the support. (2) The department shall, at the time of the release of the annual Governor's Budget, describe the budgetary amounts proposed to be allocated to the State Board of Equalization, as specified in paragraph (2) of subdivision (b) and in paragraph (3) of subdivision (b) of Section 25173.6, for the upcoming fiscal year. (3) It is the intent of the Legislature that moneys appropriated in the annual Budget Act each year for the purpose of reimbursing the State Board of Equalization, a private party, or other public agency, for the administration and collection of the fees imposed pursuant to Article 9.1 (commencing with Section 25205.1) and deposited in the Hazardous Waste Control Account, shall not exceed the costs incurred by the State Board of Equalization, the private party, or other public agency, for the administration and collection of those fees. (d) With respect to expenditures for the purposes of paragraphs (1) and (3) of subdivision (b) and paragraphs (1) and (2) of subdivision (b) of Section 25173.6, the department shall, at the time of the release of the annual Governor's Budget, also make available the budgetary amounts and allocations of staff resources of the department proposed for the following activities: (1) The department shall identify, by permit type, the projected allocations of budgets and staff resources for hazardous waste facilities permits, including standardized permits, closure plans, and postclosure permits. (2) The department shall identify, with regard to surveillance and enforcement activities, the projected allocations of budgets and staff resources for the following types of regulated facilities and activities: (A) Hazardous waste facilities operating under a permit or grant of interim status issued by the department, and generator activities conducted at those facilities. This information shall be reported by permit type. (B) Transporters. (C) Response to complaints. (3) The department shall identify the projected allocations of budgets and staff resources for both of the following activities: (A) The registration of hazardous waste transporters. (B) The operation and maintenance of the hazardous waste manifest system. (4) The department shall identify, with regard to site mitigation and corrective action, the projected allocations of budgets and staff resources for the oversight and implementation of the following activities: (A) Investigations and removal and remedial actions at military bases. (B) Voluntary investigations and removal and remedial actions. (C) State match and operation and maintenance costs, by site, at joint state and federally funded National Priority List Sites. (D) Investigation, removal and remedial actions, and operation and maintenance at the Stringfellow Hazardous Waste Site. (E) Investigation, removal and remedial actions, and operation and maintenance at the Casmalia Hazardous Waste Site. (F) Investigations and removal and remedial actions at nonmilitary, responsible party lead National Priority List Sites. (G) Preremedial activities under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.). (H) Investigations, removal and remedial actions, and operation and maintenance at state-only orphan sites. (I) Investigations and removal and remedial actions at nonmilitary, non-National Priority List responsible party lead sites. (J) Investigations, removal and remedial actions, and operation and maintenance at Expedited Remedial Action Program sites pursuant to former Chapter 6.85 (commencing with Section 25396). (K) Corrective actions at hazardous waste facilities. (5) The department shall identify, with regard to the regulation of hazardous waste, the projected allocation of budgets and staff resources for the following activities: (A) Determinations pertaining to the classification of hazardous wastes. (B) Determinations for variances made pursuant to Section 25143. (C) Other determinations and responses to public inquiries made by the department regarding the regulation of hazardous waste and hazardous substances. (6) The department shall identify projected allocations of budgets and staff resources needed to do all of the following: (A) Identify, remove, store, and dispose of, suspected hazardous substances or hazardous materials associated with the investigation of clandestine drug laboratories. (B) Respond to emergencies pursuant to Section 25354. (C) Create, support, maintain, and implement the railroad accident prevention and immediate deployment plan developed pursuant to Section 7718 of the Public Utilities Code. (7) The department shall identify projected allocations of budgets and staff resources for the administration and implementation of the unified hazardous waste and hazardous materials regulatory program established pursuant to Chapter 6.11 (commencing with Section 25404). (8) The department shall identify the total cumulative expenditures of the Regulatory Structure Update and Site Mitigation Update projects since their inception, and shall identify the total projected allocations of budgets and staff resources that are needed to continue these projects. (9) The department shall identify the total projected allocations of budgets and staff resources that are necessary for all other activities proposed to be conducted by the department. (e) Notwithstanding this chapter, or Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code, for any fees, surcharges, fines, penalties, and funds that are required to be deposited into the Hazardous Waste Control Account or the Toxic Substances Control Account, the department, with the approval of the Secretary for Environmental Protection, may take any of the following actions: (1) Assume responsibility for, or enter into a contract with a private party or with another public agency, other than the State Board of Equalization, for the collection of any fees, surcharges, fines, penalties and funds described in subdivision (a) or otherwise described in this chapter or Chapter 6.8 (commencing with Section 25300), for deposit into the Hazardous Waste Control Account or the Toxic Substances Control Account. (2) Administer, or by mutual agreement, contract with a private party or another public agency, for the making of those determinations and the performance of functions that would otherwise be the responsibility of the State Board of Equalization pursuant to this chapter, Chapter 6.8 (commencing with Section 25300), or Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code, if those activities and functions for which the State Board of Equalization would otherwise be responsible become the responsibility of the department or, by mutual agreement, the contractor selected by the department. (f) If, pursuant to subdivision (e), the department, or a private party or another public agency, pursuant to a contract with the department, performs the determinations and functions that would otherwise be the responsibility of the State Board of Equalization, the department shall be responsible for ensuring that persons who are subject to the fees specified in subdivision (e) have equivalent rights to public notice and comment, and procedural and substantive rights of appeal, as afforded by the procedures of the State Board of Equalization pursuant to Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code. Final responsibility for the administrative adjustment of fee rates and the administrative appeal of any fees or penalty assessments made pursuant to this section may only be assigned by the department to a public agency. (g) If, pursuant to subdivision (e), the department, or a private party or another public agency, pursuant to a contract with the department, performs the determinations and functions that would otherwise be the responsibility of the State Board of Equalization, the department shall have equivalent authority to make collections and enforce judgments as provided to the State Board of Equalization pursuant to Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code. Unpaid amounts, including penalties and interest, shall be a perfected and enforceable state tax lien in accordance with Section 43413 of the Revenue and Taxation Code. (h) The department, with the concurrence of the Secretary for Environmental Protection, shall determine which administrative functions should be retained by the State Board of Equalization, administered by the department, or assigned to another public agency or private party pursuant to subdivisions (e), (f), and (g). (i) The department may adopt regulations to implement subdivisions (e) to (h), inclusive. (j) The Director of Finance, upon request of the director, may make a loan from the General Fund to the Hazardous Waste Control Account to meet cash needs. The loan shall be subject to the repayment provisions of Section 16351 of the Government Code and the interest provisions of Section 16314 of the Government Code. (k) The department shall establish, within the Hazardous Waste Control Account, a reserve of at least one million dollars ($1,000,000) each year to ensure that all programs funded by the Hazardous Waste Control Account will not be adversely affected by any revenue shortfalls. SEC. 87. Section 25244.11 of the Health and Safety Code is repealed.25244.11. The department shall, report to the Governor and the Legislature, including the Chairpersons of the Senate Committee on Appropriations, Assembly Committee on Ways and Means, Joint Legislative Budget Committee, and Assembly Committee on Economic Development and New Technologies, on the status, funding, and results of all demonstration and research projects awarded grants during a year when grant funds are made available. This report shall include recommendations for legislation and shall identify those state and federal economic and financial incentives which can best accelerate and maximize the research, development, and demonstration of hazardous waste reduction, recycling, and treatment technologies.SEC. 88. Section 25299.50 of the Health and Safety Code is amended to read: 25299.50. (a) The Underground Storage Tank Cleanup Fund is hereby created in the State Treasury. The money in the fund may be expended by the board, upon appropriation by the Legislature, for purposes of this chapter. From time to time, the board may modify existing accounts or create accounts in the fund or other funds administered by the board, which the board determines are appropriate or necessary for proper administration of this chapter. (b) Except for funds transferred to the Drinking Water Treatment and Research Fund created pursuant to subdivision (c) of Section 116367, all of the following amounts shall be deposited in the fund: (1) Money appropriated by the Legislature for deposit in the fund. (2) The fees, interest, and penalties collected pursuant to Article 5 (commencing with Section 25299.40). (3) Notwithstanding Section 16475 of the Government Code, any interest earned upon the money deposited in the fund. (4) Any money recovered by the fund pursuant to Section 25299.70. (5) Any civil penalties collected by the board or regional board pursuant to Section 25299.76. (c)(1)Notwithstanding subdivision (a), any funds appropriated by the Legislature in the annual Budget Act for payment of a claim for the costs of a corrective action in response to an unauthorized release, that are encumbered for expenditure for a corrective action pursuant to a letter of credit issued by the board pursuant to subdivision (e) of Section 25299.57, but are subsequently not expended for that corrective action claim, may be reallocated by the board for payment of other claims for corrective action pursuant to Section 25299.57.(2) Notwithstanding Section 7550.5 of the Government Code, the board shall report at least once every three months on the implementation of this subdivision to the Senate Committee on Budget and Fiscal Review, the Senate Committee on Environmental Quality, the Assembly Committee on Budget, and the Assembly Committee on Environmental Safety and Toxic Materials, or to any successor committee, and to the Director of Finance.SEC. 89. Section 25299.112 of the Health and Safety Code is repealed.25299.112. On or before January 1 of each year, the board shall submit a report to the Legislature concerning the performance of the grant and loan program established by this chapter, including the number and size of grants and loans made, characteristics of grant and loan recipients, the number of underground storage tanks removed and upgraded as a result of the grant and loan program, and the amount of money spent on administering the program. Copies of the report shall be submitted to the appropriate fiscal and policy committees of the Legislature and, upon request, to individual Members of the Legislature.SEC. 90. Section 43105.5 of the Health and Safety Code is amended to read: 43105.5. (a) For all 1994 and later model-year motor vehicles equipped with on board diagnostic systems (OBD's) and certified in accordance with the test procedures adopted pursuant to Section 43104, the state board, not later than January 1, 2002, shall adopt regulations that require a motor vehicle manufacturer to do all of the following to the extent not limited or prohibited by federal law (the regulations adopted by the state board pursuant to this provision may include subject matter similar to the subject matter included in regulations adopted by the United States Environmental Protection Agency): (1) Make available, within a reasonable period of time, and by reasonable business means, including, but not limited to, use of the Internet, as determined by the state board, to all covered persons, the full contents of all manuals, technical service bulletins, and training materials regarding emissions-related motor vehicle information that is made available to their franchised dealerships. (2) Make available for sale to all covered persons the manufacturer's emissions-related enhanced diagnostic tools, and make emissions-related enhanced data stream information and bidirectional controls related to tools available in electronic format to equipment and tool companies. (3) If the motor vehicle manufacturer uses reprogrammable computer chips in its motor vehicles, provide equipment and tool companies with the information that is provided by the manufacturer to its dealerships to allow those companies to incorporate into aftermarket tools the same reprogramming capability. (4) Make available to all covered persons, within a reasonable period of time, a general description of their on board diagnostic systems (OBD II) for the 1996 and subsequent model-years, which shall contain the information described in this paragraph. For each monitoring system utilized by a manufacturer that illuminates the OBD II malfunction indicator light, the motor vehicle manufacturer shall provide all of the following: (A) A general description of the operation of the monitor, including a description of the parameter that is being monitored. (B) A listing of all typical OBD II diagnostic trouble codes associated with each monitor. (C) A description of the typical enabling conditions for each monitor to execute during vehicle operation, including, but not limited to, minimum and maximum intake air and engine coolant temperature, vehicle speed range, and time after engine startup. (D) A listing of each monitor sequence, execution frequency, and typical duration. (E) A listing of typical malfunction thresholds for each monitor. (F) For OBD II parameters for specific vehicles that deviate from the typical parameters, the OBD II description shall indicate the deviation and provide a separate listing of the typical value for those vehicles. (G) The information required by this paragraph shall not include specific algorithms, specific software code, or specific calibration data beyond that required to be made available through the generic scan tool in federal and California on board diagnostic regulations. (5) Not utilize any access or recognition code or any type of encryption for the purpose of preventing a vehicle owner from using an emissions-related motor vehicle part with the exception of the powertrain control modules, engine control modules, and transmission control modules, that has not been manufactured by that manufacturer or any of its original equipment suppliers. (6) Provide to all covered persons information regarding initialization procedures relating to immobilizer circuits or other lockout devices to reinitialize vehicle on board computers that employ integral vehicle security systems if necessary to repair or replace an emissions-related part, or if necessary for the proper installation of vehicle on board computers that employ integral vehicle security systems. (7) All information required to be provided to covered persons by this section shall be provided, for fair, reasonable, and nondiscriminatory compensation, in a format that is readily accessible to all covered persons, as determined by the state board. (b) Any information required to be disclosed pursuant to a final regulation adopted under this section that the motor vehicle manufacturer demonstrates to a court, on a case-by-case basis, to be a trade secret pursuant to the Uniform Trade Secret Act contained in Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code, shall be exempt from disclosure, unless the court, upon the request of a covered person seeking disclosure of the information, determines that the disclosure of the information is necessary to mitigate anticompetitive effects. In making this determination, the court shall consider, among other things, the practices of any motor vehicle manufacturer that results in the fullest disclosure of information listed in paragraph (4) of subdivision (a). In actions subject to this subdivision, the court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting a protective order in connection with discovery proceedings, holding an in-camera hearing, sealing the record of the action, or ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. (c) If information is required to be disclosed by a motor vehicle manufacturer pursuant to subdivision (b), the court shall allow for the imposition of reasonable business conditions as a condition of disclosure, and may include punitive sanctions for the improper release of information that is determined to be a trade secret to a competitor of the manufacturer. The court shall also provide for fair, reasonable, and nondiscrimatory compensation to the motor vehicle manufacturer for the disclosure of information determined by the court to be a trade secret and required to be disclosed pursuant to subdivision (b). The court shall provide for the dissemination of trade secret information required to be disclosed pursuant to subdivision (b) through licensing agreements and the collection of reasonable licensing fees. If the court determines that disclosure of any of the information required to be disclosed under subdivision (b) constitutes a taking of personal property, a jury trial shall be held to determine the amount of compensation for that taking, unless waived by the motor vehicle manufacturer. (d) The state board shall periodically conduct surveys to determine whether the information requirements imposed by this section are being fulfilled by actual field availability of the information. (e) If the executive officer of the state board obtains credible evidence that a motor vehicle manufacturer has failed to comply with any of the requirements of this section or the regulations adopted by the state board, the executive officer shall issue a notice to comply to the manufacturer. Not later than 30 days after issuance of the notice to comply, the vehicle manufacturer shall submit to the executive officer a compliance plan, unless within that 30-day period the manufacturer requests an administrative hearing to contest the basis or scope of the notice to comply in accordance with subdivision (f). The executive officer shall accept the compliance plan if it provides adequate demonstration that the manufacturer will come into compliance with this section and the board's implementing regulations within 45 days following submission of the plan. However, the executive officer may extend the compliance period if the executive officer determines that the violation cannot be remedied within that period. (f) If the motor vehicle manufacturer contests a notice to comply pursuant to subdivision (e) or the executive officer rejects the compliance plan submitted by the manufacturer, an administrative hearing shall be conducted by a hearing officer appointed by the state board, in accordance with procedures established by the state board. The hearing procedures shall provide the manufacturer and any other interested party at least 30 days notice of the hearing. If, after the hearing, the hearing officer appointed by the state board finds that the motor vehicle manufacturer has failed to comply with any of the requirements of this section or the regulations adopted by the state board, and the manufacturer fails to correct the violation with 30 days from the date of the finding, the hearing officer may impose a civil penalty upon the manufacturer in an amount not to exceed twenty-five thousand dollars ($25,000) per day per violation until the violation is corrected, as determined in accordance with the hearing procedures established by the state board. The hearing procedures may provide additional time for compliance prior to imposing a civil penalty. If so, the hearing officer may grant additional time for compliance if he or she determines that the violation cannot be remedied within 30 days of the finding that a violation has occurred.(g) The state board, in consultation with the Department of Consumer Affairs, shall, through the year 2009, report annually to the Legislature on the extent to which the implementation of this act enacted during the 2000 portion of the 1999-2000 Regular Session is effective in furthering the intent and policy of this act.(h)(g) Nothing in this section is intended to authorize the infringement of intellectual property rights embodied in United States patents, trademarks, or copyrights, to the extent those rights may be exercised consistently with any other federal laws. SEC. 91. Section 44003 of the Health and Safety Code is amended to read: 44003. (a) (1) An enhanced motor vehicle inspection and maintenance program is established in each urbanized area of the state, any part of which is classified by the Environmental Protection Agency as a serious, severe, or extreme nonattainment area for ozone or a moderate or serious nonattainment area for carbon monoxide with a design value greater than 12.7 ppm, and in other areas of the state as provided in this chapter.(2) The enhanced motor vehicle inspection and maintenance program established pursuant to paragraph (1) shall be assessed jointly by the department and the state board periodically to determine whether changes in the program may be warranted. On or before January 1, 2003, the department and the state board shall jointly issue a report to the Legislature based on those periodic assessments, recommending any modifications to the enhanced program to improve its operations and lessen its impact on consumers while still achieving the necessary emission reductions to attain air quality standards. The report shall include a review of any program proposed pursuant to Section 15 of Chapter 803 of the Statutes of 1997.(3)(2) A basic vehicle inspection and maintenance program shall be continued in all other areas of the state where a program was in existence under this chapter as of the effective date of this paragraph. (b) The department may prescribe different test procedures and equipment requirements for those areas described in subdivision (a). Program components shall be operated in all program areas unless otherwise indicated, as determined by the department. In those areas where the biennial program is not implemented and smog check inspections are required to complete the requirements set forth in Sections 4000.1 and 4000.2 of the Vehicle Code, program elements that apply in basic areas, including test equipment requirements for smog check stations, shall apply. (c) (1) Districts classified as attainment areas may request the department to implement all or part of the program elements defined in this chapter. However, the department shall not implement the program established by Section 44010.5 in any area other than an urbanized area, any part of which is classified by the Environmental Protection Agency as a serious, severe, or extreme nonattainment area for ozone or a moderate or serious nonattainment area for carbon monoxide with a design value greater than 12.7 ppm. (2) Districts that include areas classified as basic program nonattainment areas pursuant to subdivision (a) may, except as provided in paragraph (1), request the implementation in those areas of test procedures and equipment required for enhanced program areas and any other program requirement specified for enhanced program areas. SEC. 92. Section 44014.6 of the Health and Safety Code is amended to read: 44014.6. (a) The inspection-based performance standards created for the certification program established pursuant to subdivision (a) of Section 44014.2 and subdivision (d) of Section 44014.5 shall be based on the same criteria. (b) The performance standards described in subdivision (a) shall be applied to smog check technicians licensed pursuant to this chapter, if the department determines that is feasible.(c) Beginning no later than January 1, 2012, the department shall provide to all licensed smog check stations and technicians, if technicians are included pursuant to subdivision (b), a preliminary report on the station's and the technician's performance applying the performance standards. The preliminary report shall include the criteria that is the basis of the performance standards and an assessment of the station's and the technician's potential eligibility to issue certificates of compliance or noncompliance for vehicles selected pursuant to Sections 44010.5 and 44014.7, or vehicles identified by the department as gross polluters.SEC. 93. Section 44024 of the Health and Safety Code is amended to read: 44024. (a) The department, in cooperation with the state board, shall investigate new technologies, including the role of onboard diagnostic systems in vehicles, as a means both for detecting excess emissions and defective emission control equipment, and for assisting in determining what repairs would be effective.The department shall report to the review committee on the results of its investigation for inclusion in the committee's annual report to the Legislature.(b) To incorporate new technologies into the program, the department may institute the following changes if the department determines that the changes will be cost-effective and convenient to vehicle owners: (1) The schedule for testing and certifying vehicles. (2) The location and method for complying with the test requirements otherwise applicable under this chapter. (3) The equipment requirements and repair procedures, including the imposition of new or revised diagnostic procedures, to be used at licensed smog check stations. (4) The training, skill, and licensing requirements for smog check technicians. (5) The applicable test procedures and emission standards, as applied at smog check stations, and during roadside inspection. SEC. 94. Section 44081.6 of the Health and Safety Code is amended to read: 44081.6. (a) The California Environmental Protection Agency, the state board, and the department, in cooperation with, and with the participation of, the Environmental Protection Agency, shall jointly undertake a pilot demonstration program to do all of the following: (1) Determine the emission reduction effectiveness of alternative loaded mode emission tests compared to the IM240 test. (2) Quantify the emission reductions, above and beyond those required by Environmental Protection Agency regulation or by the biennial test requirement, achievable from a remote sensing-based program that identifies gross polluting and other vehicles and requires the immediate repair and retest of those gross polluting vehicles at a test-only station established by this chapter. (3) Determine if high polluting vehicles can be identified and directed to test-only stations using criteria other than, or in addition to, age and model year, and whether this reduces the number of vehicles which would otherwise be subject to inspection at test-only stations. (4) Qualify emission reductions above and beyond those that are required by the regulations of the Environmental Protection Agency, achievable from other program enhancements pursuant to this chapter. (5) Determine the extent to which the capacity of the test-only station network established pursuant to Section 44010.5 needs to be expanded to comply with Environmental Protection Agency performance standards. (b) The California Environmental Protection Agency shall enter into a memorandum of agreement with the Environmental Protection Agency to establish the protocol for the pilot demonstration program. The memorandum of agreement shall ensure, to the extent possible, that the Environmental Protection Agency will accept the results of the pilot demonstration program as the findings of the Administrator of the Environmental Protection Agency. The pilot demonstration program shall be conducted pursuant to the memorandum of agreement. (c) The review committee established pursuant to Section 44021 shall review the protocol for the pilot demonstration program, as established in the signed memorandum of agreement, and recommend any modification that the review committee finds to be appropriate for the pilot demonstration program. Any such modification shall become effective only upon the written agreement of the California Environmental Protection Agency and the Environmental Protection Agency. (d) The department shall contract, on behalf of the committee, with an independent entity to ensure quality control in the collection of data pursuant to the pilot demonstration program. The department shall also contract, on behalf of the committee, for an independent analysis of the data produced by the pilot demonstration program. (e) Any contract entered into pursuant to this section shall not be subject to any restrictions that are applicable to contracts in the Government Code or in the Public Contract Code.The department shall report to the Legislature any action that is taken in accordance with this subdivision.(f) To the extent possible, the pilot demonstration program shall be conducted using equipment, facilities, and staff of the state board, the department, and the Environmental Protection Agency. (g) The pilot demonstration program shall provide for, but not be limited to, all of the following: (1) For the purposes of this section, any vehicle subject to the inspection and maintenance program may be selected to participate in the pilot demonstration program regardless of when last inspected pursuant to this chapter. (2) Registered owners of vehicles selected to participate in the pilot demonstration program shall make the vehicle available for testing within a time period and at a testing facility designated by the department. If necessary, the department shall increase the capacity of the existing referee network in the area or areas where the pilot demonstration program will be operating, in order to accommodate the convenient testing of selected vehicles. (3) If the department finds that a vehicle is emitting excessive emissions, the vehicle owner shall be required to make necessary repairs within the existing cost limits and return to a testing facility designated by the department. The vehicle owner shall have additional repairs made if the repairs are requested and funded by the department. The department shall also fund the cost of any necessary repairs if the owner of the vehicle has, within the last two years, already paid for emissions-related repairs to the same vehicle in an amount at least equal to the existing cost limits, in order to obtain a certificate of compliance or an emission cost waiver. (4) Vehicle owners who fail to bring the vehicle in for inspection or fail to have repairs made pursuant to this section shall be issued notices of noncompliance. The notice shall provide that, unless the vehicle is brought to a designated testing facility for testing, or repair facility for repairs, within 15 days of notice of the requirement, the owner will be required to pay an administrative fee of not more than five dollars ($5) a day, not to exceed two hundred fifty dollars ($250), to be collected by the Department of Motor Vehicles at the next annual registration renewal or the next change of ownership of the vehicle, whichever occurs first. Commencing on the 31st day after issuance of the notice of noncompliance, the fee shall accrue at the rate of five dollars ($5) per day up to the two hundred fifty dollars ($250) maximum. Except as provided in subdivision (b) of Section 9250.18 of the Vehicle Code, any revenues collected by the Department of Motor Vehicles pursuant to this subdivision and Section 9250.18 of the Vehicle Code shall be deposited into the Vehicle Inspection and Repair Fund by the Department of Motor Vehicles. (h) The Department of Motor Vehicles, the Department of Transportation, local agencies, and the state board shall provide necessary support for the program established pursuant to this section. (i) As soon as possible after the effective date of this section, the department and the state board shall develop, implement, and revise as needed, emissions test procedures and emissions standards necessary to conduct the pilot demonstration program. SEC. 95. Section 44100 of the Health and Safety Code is amended to read: 44100. The Legislature hereby finds and declares as follows: (a) Emission reduction programs based on market principles have the potential to provide equivalent or superior environmental benefits when compared to existing controls at a lower cost to the citizens of California than traditional emission control requirements. (b) Several studies have demonstrated that a small percentage of light-duty vehicles contribute disproportionately to the on-road emissions inventory. Programs to reduce or eliminate these excess emissions can significantly contribute to the attainment of the state' s air quality goals. (c) Programs to accelerate fleet turnover can enhance the effectiveness of the state's new motor vehicle standards by bringing more low-emission vehicles into the on-road fleet earlier. (d) The California State Implementation Plan for Ozone (SIP), adopted November 15, 1994, and submitted to the Environmental Protection Agency, calls for added reductions in reactive organic gases (ROG) and oxides of nitrogen (NOx) from light-duty vehicles by the year 2010. One of the more market-oriented approaches reflected in the SIP, known as the M-1 strategy, calls for accelerating the retirement of older light-duty vehicles in the South Coast Air Quality Management District to achieve the following emission reductions: Emissions, TPD (tons per day) Year (ROG + NOx) 1999 9 2002 14 2005 20 2007 22 2010 25 (e) A program for achieving those and more emission reductions should be based on the following principles: (1) If the program receives adequate funding, the first two years should include a thorough assessment of the costs and short-term and long-term emission reduction benefits of the program, compared with other emission reduction programs for light-duty vehicles, which shall be reflected ina report andrecommendations by the state board to the Governor and the Legislature on strategies and funding needs for meeting the emission reduction requirements of the M-1 strategy of the 1994 SIP for the years 1999 to 2010, inclusive. (2) The program should first contribute to the achievement of the emission reductions required by the inspection and maintenance program and the M-1 strategy of the 1994 SIP, and should permit the use of mobile source emission reduction credits for other purposes currently authorized by the state board or a district. Remaining credits may be used to achieve other emission reductions, including those required by the 1994 SIP, in a manner consistent with market-based strategies. Emission credits shall not be used to offset emission standards or other requirements for new vehicles, except as authorized by the state board. (3) Participation by the vehicle owner shall be entirely voluntary and the program design should be sensitive to the concerns of car collectors and to consumers for whom older vehicles provide affordable transportation. (4) The program design shall provide for real, surplus, and quantifiable emission reductions, based on an evaluation of the purchased vehicles, taking into account factors that include per-mile emissions, annual miles driven, remaining useful life of retired vehicles, and emissions of the typical or average replacement vehicle, as determined by the state board. The program shall ensure that there is no double counting of emission credits among the various vehicle removal programs. (5) The program should specify the emission reductions required and then utilize the market to ensure that these reductions are obtained at the lowest cost. (6) The program should be privately operated. It should utilize the experience and expertise gained from past successful programs. Existing entities that are authorized by, contracted with, or otherwise sanctioned by a district and approved by the state board and the United States Environmental Protection Agency shall be fully utilized for purposes of implementing this article. Nothing in this paragraph restricts the Department of Consumer Affairs from selecting qualified contractors to operate or administer any program specified pursuant to this chapter. (7) The program should be designed insofar as possible to eliminate any benefit to any participants from vehicle tampering and other forms of cheating. To the extent that tampering and other forms of cheating might be advantageous, the program design shall include provisions for monitoring the occurrence of tampering and other forms of cheating. (8) Emission credits should be expressed in pounds or other units, and their value should be set by the marketplace. Any contract between a public entity and a private party for the purchase of emission credits should be based on a price per pound which reflects the market value of the credit at its time of purchase. Emission reductions required by the M-1 and other strategies of the 1994 SIP shall be accomplished by competitive bid among private businesses solicited by the oversight agency designated pursuant to Section 44105. SEC. 96. Section 44104.5 of the Health and Safety Code is amended to read: 44104.5. (a) The regulations adopted pursuant to subdivision (a) of Section 44101 shall include a plan to guide the execution of the first two years of the program, to assess the results, and to formulate recommendations. The plan shall also verify whether the light-duty vehicle scrapping program included in the state implementation plan adopted on November 15, 1994, can reasonably be expected to yield the required emissions reductions at reasonable cost-effectiveness. Scrapping of any vehicles under this program for program development or testing or for generating emission reductions to be credited against the M-1 strategy of the 1994 SIP may proceed before the state board adopts the regulations pursuant to subdivision (a) of Section 44101 or the plan required by this subdivision. The emission credits assigned to these vehicles shall be adjusted as necessary to ensure that those credits are consistent with the credits allowed under the regulations adopted pursuant to Section 44101. The plan shall include a baseline study, for the geographical area or areas representative of those to be targeted by this program and by measure M-1 in the SIP, of the current population of vehicles by model year and market value and the current turnover rate of vehicles, and other factors that may be essential to assessing program effectiveness, cost-effectiveness, and market impacts of the program. (b) At the end of each of the two calendar years after the adoption of the program plan, if the program receives adequate funding, the state board, in consultation with the department, shall adopt and publish a progress report evaluating each year of the program. These reports shall address the following topics for those vehicles scrapped to achieve both the M-1 SIP objectives and those vehicles scrapped or repaired to generate mobile-source emission reduction credits used for other purposes: (1) The number of vehicles scrapped or repaired by model year. (2) The measured emissions of the scrapped or repaired vehicles tested during the report period, using suitable inspection and maintenance test procedures. (3) Costs of the vehicles in terms of amounts paid to sellers, the costs of repair, and the cost-effectiveness of scrappage and repair expressed in dollars per ton of emissions reduced. (4) Administrative and testing costs for the program. (5) Assessments of the replacement vehicles or replacement travel by model year or emission levels, as determined from interviews, questionnaires, diaries, analyses of vehicle registrations in the study region, or other methods as appropriate. (6) Assessments of the net emission benefits of scrapping in the year reported, considering the scrapped vehicles, the replacement vehicles, the effectiveness of repair, and other effects of the program on the mix of vehicles and use of vehicles in the geographic area of the program, including in-migration of other vehicles into the area and any tendencies to increased market value of used vehicles and prolonged useful life of existing vehicles, if any. (7) Assessments of whether the M-1 strategy of the 1994 SIP can reasonably be expected to yield the required emission reductions.(c) Not later than June 30, 1999, and every three years thereafter, if the programs receive adequate funding, the state board, in consultation with the department, shall evaluate the performance of the programs specified in Article 9 (commencing with Section 44090) and this article and, based on that evaluation, report to the Governor and Legislature. The report shall evaluate the overall performance of the program, including its cost-effectiveness in terms of dollars per ton of credited or reduced emissions, description of the methods and procedures to assure that the emission reductions are real, surplus, and quantifiable, the extent of the market for eligible vehicles, a recommendation for an appropriate allocation of expenditures between removal or repair of vehicles that reflects the relative cost-effectiveness of the options, and any other recommendation for improving the effectiveness of these programs. This report shall also contain all of the following:(1) Identification of procedures for distinguishing the emission reductions attributed to scrapping for the purpose of generating emission reductions credits and scrapping that occurs or would have occurred as a result of the inspection and maintenance program managed by the Department of Consumer Affairs and other programs.(2) A projection of the emissions reductions and cost-effectiveness that might be realized by scrapping or repairing light-duty vehicles through the year 2010, considering changes expected in the vehicle fleet and likely impacts of scrapping or repair on the mix and emissions of vehicles.(3) A comparison of the effectiveness of scrappage, repair, or upgrade to other programs for light-duty vehicles.(4) A recommended scrapping program, or other more cost-effective means, for continuing to achieve the emissions reductions required by the M-1 strategy of the 1994 State Implementation Plan, considering likely emission reductions in the attainment year costs, cost-effectiveness, issues of monitoring and verification, and status of the Environmental Protection Agency's approval of the state's 1994 SIP.SEC. 97. Section 100500 of the Health and Safety Code is amended to read: 100500. (a) The Director of General Services may acquire real property in order to construct a laboratory and office facility or remodeling an existing facility in the City of Richmond, for the use of the State Department of Health Services. (b) Revenue bonds, negotiable notes, and negotiable bond anticipation notes may be issued by the State Public Works Board pursuant to the State Building Construction Act of 1955 (Part 10b (commencing with Section 15800) of Division 3 of Title 2 of the Government Code) to finance the acquisition and construction of a new laboratory and office facility, or remodeling of an existing facility for the State Department of Health Services in the City of Richmond. The amount of the bonds plus the cost of equipment shall not exceed fifty-four million five hundred thousand dollars ($54,500,000) as necessary for land acquisition including, but not limited to, land needed for planned future expansion of the laboratory and office facility, environmental studies, preliminary plans, working drawings, construction, furnishings, equipment, and all related betterments and improvements. Notwithstanding Section 13332.11 of the Government Code, the State Public Works Board may authorize the augmentation of the amount authorized under this section for the project by an amount not to exceed 10 percent of the amount appropriated for this project. (c) The State Public Works Board may borrow funds for project costs from the Pooled Money Investment Account pursuant to Sections 16312 and 16313 of the Government Code. (d) The amount of revenue bonds, negotiable notes, or negotiable bond anticipation notes to be sold shall equal the cost of acquisition, including land, construction, preliminary plans, and working drawings, construction management and supervision, other costs relating to the design, construction, or remodeling of the facilities, and any additional sums necessary to pay interim and permanent financing costs. The additional amount may include interest and a reasonable required reserve fund.At least 30 days prior to the signing of the agreement for the acquisition, construction, or remodeling of the Richmond facility pursuant to subdivision (b), the State Director of Health Services and the Director of General Services shall jointly report to the Joint Legislative Budget Committee and the fiscal committees of each house of the Legislature. The report shall specify (1) the terms of the proposed agreement, (2) how the acquisition, construction, or remodeling will meet the needs of the State Department of Health Services for laboratory facilities in the East Bay area, and (3) implementation plans for the Richmond facility, including project planning guides and cost estimates for the project.SEC. 98. Section 102920 of the Health and Safety Code is repealed.102920. The department shall report to the Legislature on or before January 1, 1994, on the implementation of this article. The department also shall report to the Legislature, on or before four years after the date that the initial funding is received to implement this article, on the results of the study required by this article.SEC. 99. Section 103641 of the Health and Safety Code is repealed.103641. The State Registrar shall annually prepare a summary report of all statewide activities related to revenues collected by the State Registrar pursuant to subdivision (f) of Section 103625. The report shall include, but not be limited to, the following: (a) A report that combines the information that counties are required to submit pursuant to subdivision (f) of Section 103625. (b) Information regarding revenues collected by the State Registrar pursuant to subdivision (f) of Section 103625 for the previous calendar year, including, but not limited to, the manner in which, and purpose for which, the revenues were expended.SEC. 100. Section 104200 of the Health and Safety Code is amended to read: 104200. (a) Subject to subdivision(f)(e) , the department shall conduct the Cervical Cancer Community Awareness Campaign to do all of the following: (1) To provide awareness, assistance, and information regarding cervical cancer and the human papillomavirus (HPV). These efforts shall include provider education aimed at promoting the awareness of HPV and its link to cervical cancer. Information regarding prevention, early detection, options for testing, and treatment costs shall be included. (2) To promote the availability of preventive treatment for cervical cancer for women in California. (3) To perform other activities related to cervical cancer. (b) (1) For purposes of the Cervical Cancer Community Awareness Campaign, the department shall establish a study of and research regarding cervical cancer. (2) The study and research shall contain, but not be limited to, statistical information in order to target appropriate regions of the state with the Cervical Cancer Community Awareness Campaign. The statistical information shall include, but not be limited to, age, ethnicity, region, and socioeconomic status of the women in the state in relation to cervical cancer. The research shall provide studies of current treatment evolutions, possible cures, and the availability of preventive care for women in the state in relation to cervical cancer. (c) To the extent feasible and appropriate, the Cervical Cancer Community Awareness Campaign shall be incorporated into existing cancer awareness programs operated by the department.(d) On or before January 1, 2007, the department shall report to the chairs and vice chairs of the health committees of both houses of the Legislature on the progress of the campaign. The report shall do all of the following:(1) Provide an overview of progress being made in fulfilling the duties of the Cervical Cancer Community Awareness Campaign.(2) Recommend strategies or actions to reduce the occurrence of cervical cancer among, and the burden caused by cervical cancer on, women in the state.(3) Review statistical and qualitative data on the prevalence and burden of cervical cancer and HPV in California.(e)(d) There is hereby established in the State Treasury the Cervical Cancer Fund to be expended by the State Department of Health Services, upon appropriation of nonstate funds by the Legislature, solely for the Cervical Cancer Community Awareness Campaign.(f)(e) (1) The department shall conduct the Cervical Cancer Community Awareness Campaign only if voluntary contributions are received to support its activities pursuant to this section. The continued implementation of this section shall be contingent upon the receipt of voluntary contributions for that purpose. (2) Voluntary contributions received for purposes of this subdivision shall be deposited into the Cervical Cancer Fund.(g)(f) This section shall be implemented only after the Department of Finance determines that nonstate funds in an amount sufficient to fully support the activities of this section have been deposited with the state. Thereafter, this section shall continue to be implemented only to the extent that the Department of Finance determines that sufficient nonstate funds to fully support the activities of this section have been deposited with the state for purposes of this section. If the Department of Finance determines that insufficient voluntary contributions for purposes of implementing this section have been deposited with the state by January 1, 2007, the Department of Finance shall notify either the Chief Clerk of the Assembly or the Secretary of the Senate of this fact, and this section shall be repealed on January 1, 2007, unless a later enacted statute, that is enacted before January 1, 2007, deletes or extends that date. SEC. 101. Section 109951 of the Health and Safety Code is amended to read: 109951. "Infant formula" shall have the same definition as that term is used in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(z)). The department shall review all changes to the federal definition of "infant formula" before those changes are incorporated by reference pursuant to this section. Within six months after the effective date of any changes to the federal definition, the department shall complete its review of the changes, andsubmitpost a reportto the Senate Health and Human Services Committee and the Assembly Health Committeeon its Internet Web site that describes the changes and makes a recommendation as to whether it is appropriate to incorporate the changes by reference pursuant to this section. Any change to the federal definition shall take effect pursuant to this section one year after the effective date of the federal change, unless a law that specifically prohibits the change from taking effect is enacted and becomes effective. SEC. 102. Section 110552 of the Health and Safety Code is amended to read: 110552. (a) The department shall regulate candy to ensure that the candy is not adulterated. (b) For the purposes of this chapter, "candy" means any confectionary intended for individual consumption that contains chili, tamarind, or any other ingredient identified as posing a health risk in regulations adopted by the office or department. (c) For purposes of this section, the following terms have the following meanings: (1) "Office" means the Office of Environmental Health Hazard Assessment. (2) "Adulterated candy" means any candy with lead in excess of the naturally occurring level. Moreover, candy is adulterated if its wrapper or the ink on the wrapper contains lead in excess of standards which the office, in consultation with the department and the Attorney General, shall establish by July 1, 2006. (3) "Naturally occurring level" of lead in candy shall be determined by regulations adopted by the office after consultation with the department and the Attorney General. For purposes of this section, the "naturally occurring level" of lead in candy is only naturally occurring to the extent that it is not avoidable by good agricultural, manufacturing, and procurement practices, or by other practices currently feasible. The producer and manufacturer of candy and candy ingredients shall at all times use quality control measures that reduce the natural chemical contaminants to the "lowest level currently feasible" as this term is used in subsection (c) of Section 110.110 of Title 21 of the Code of Federal Regulations. The "naturally occurring level" of lead shall not include any lead in an ingredient resulting from agricultural equipment, fuels used on or around soils or crops, fertilizers, pesticides, or other materials that are applied to soils or crops or added to water used to irrigate soils or crops. The office shall determine the naturally occurring levels of lead in candy containing chili and tamarind no later than July 1, 2006. The office shall determine the naturally occurring levels of lead in candy containing other ingredients upon request by the department or the Attorney General, and in the absence of a request, when the office determines that the presence of the ingredient in candy may pose a health risk. Until the office adopts regulations determining the naturally occurring level of lead, the Attorney General's written determination, if any, including any determination set forth in a consent judgment entered into by the Attorney General, of the naturally occurring level of lead in candy or in a candy ingredient shall be binding for purposes of this section. (4) "Wrapper" means all packaging materials in contact with the candy, including, but not limited to, the paper cellophane, plastic container, stick handle, spoon, small pot (olla), and squeeze tube, or similar devices. "Wrapper" does not include any part of the packaging from which lead will not leach, as demonstrated by the manufacturer, to the satisfaction of the office. (d) The standards adopted pursuant to paragraphs (2) and (3) of subdivision (c) shall be reviewed by the office every three-year to five-year period in order to determine whether advances in scientific knowledge, the development of better agricultural or manufacturing practices, or changes in detection limits require revision of the standards. (e) The department shall do all of the following: (1) Ensure that the candy is not adulterated. (2) Establish procedures for the testing of candy and the certification of unadulterated candy products. The procedures shall require candy manufacturers to certify candy as being unadulterated. The certification shall be based on appropriate sampling and testing protocols as determined by the office in consultation with the Attorney General's office. (3) Through its Food and Drug Branch, test the samples of candy collected pursuant to this article. The department may test any candy, including candy tested pursuant to paragraph(3) of subdivision (e)(2) in order to ensure the candy is unadulterated. (4) Adopt regulations necessary for the enforcement of this article. (5) Evaluate the regulatory process, identify problems, and make changes or report to the Legislature, as necessary. (f) If the candy tested pursuant to paragraph (2) or (3) of subdivision (e) is found to be adulterated, the department shall do both of the following: (1) Issue health advisory notices to county health departments alerting them to the danger posed by consumption of the candy. (2) Notify the manufacturer and the distributor of the candy that the candy is adulterated, and that the candy may not be sold or distributed in the state until further testing proves that the candy is unadulterated. (g) (1) For any candy found to be adulterated, the manufacturer or distributor may request that the department test a subsequent sample of candy. The department shall select the candy to be tested. The cost of any subsequent sampling and testing shall be borne by the manufacturer or distributor requesting the additional testing. (2) If the candy is found to be unadulterated when it is retested, the department shall provide the manufacturer or distributor and the county health department with a letter stating that the candy has been retested and determined to be unadulterated, and that the sale and distribution of the candy in the state may resume. (3) If the candy is found to remain adulterated when retested, the manufacturer or distributor may take corrective measures and continue to resubmit samples for testing until tests prove the candy unadulterated.(h) The department shall convene an interagency collaborative which is hereby established to serve as an oversight committee for the implementation of this section and to work with the office in establishing and revising the required standards. The interagency collaborative shall be composed of the following members:(1) The department.(2) The Childhood Lead Poisoning Branch of the department.(3) The Food and Drug Branch of the department.(4) The office.(5) The office of the Attorney General.(i) The interagency collaborative may confer with the United States Consumer Product Safety Commission, the United States Food and Drug Administration, recognized experts in the field, representatives of California community environmental justice organizations and candy manufacturers.(j)(h) (1) The sale of adulterated candy to California consumers is a violation of this section. Any person knowingly and intentionally selling adulterated candy shall be subject to a civil penalty of up to five hundred dollars ($500) per violation. The regulations adopted shall provide that funding for this section shall be met in part or in whole by those penalties, upon appropriation by the Legislature. (2) In the event that a candy product is found to be adulterated, the department may recover the costs incurred in the chemical analysis of that product from the manufacturer or distributor. (3) Except as expressly set forth in this section, nothing in this section shall alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and nothing in this section shall create or enlarge any defense in any action to enforce that legal obligation. Penalties imposed under this section shall be in addition to any penalties otherwise prescribed by law. (4) This section shall not be the basis for any stay of proceedings or other order limiting or delaying the prosecution of any action to enforce Section 25249.6. SEC. 103. Section 111198 of the Health and Safety Code is amended to read: 111198.In its annual budget report to the Legislature, theThe department shallprovidepost annaully on its Internet Web site , in connection to the entities it regulates under this article, all of the following information: (a) The total number of licenses, by type and county, issued in the prior calendar year. (b) The number of inspections performed by the department in the previous calendar year, broken down by county and license type. (c) The number and type of major violations, and the actions taken to correct those violations. (d) The number and dollar value of fines levied under subdivision (c). SEC. 104. Section 120476 of the Health and Safety Code is repealed.120476. The department shall submit to the Legislature, by January 31, 2008, a sustainability plan for full funding of a statewide immunization information system that integrates existing immunization systems throughout the state. The plan shall demonstrate how the department will fully populate and sustain the statewide immunization information system over time.SEC. 105. Section 120910 of the Health and Safety Code is amended to read: 120910. (a) The department shall collect data from the early intervention projects, assess the effectiveness of the different models of early intervention projects, and report its findings to the Legislature on or before January 1, 1992, and on or before January 1 of each subsequent year. (b) The department shall continuously collect data from each early intervention project. The data collected may include, but not be limited to, the following: (1) The total number of clients served. (2) The number of clients utilizing each service provided by the project. (3) Demographics on clients in the aggregate. (4) The source of funding for each type of service provided. (5) The cost of each type of service provided. (6) Medical treatment modalities utilized in the aggregate. (7) Changes in the clinical status of clients in the aggregate. (8) Changes in behaviors that present risks of transmitting HIV infection of the clients in the aggregate. (9) The psychosocial changes of clients in the aggregate. (10) Referrals made by the project. (11) Perceived unmet needs of the clients served by the project. (c) The department shall develop and distribute to each early intervention project forms for data collection that are designed to elicit information necessary for the department to comply with the requirements of subdivision (b). The data may be used by the department to comply with the requirements of subdivision (a). SEC. 106. Section 120955 of the Health and Safety Code is amended to read: 120955. (a) (1) To the extent that state and federal funds are appropriated in the annual Budget Act for these purposes, the director shall establish and may administer a program to provide drug treatments to persons infected with human immunodeficiency virus (HIV), the etiologic agent of acquired immunodeficiency syndrome (AIDS). If the director makes a formal determination that, in any fiscal year, funds appropriated for the program will be insufficient to provide all of those drug treatments to existing eligible persons for the fiscal year and that a suspension of the implementation of the program is necessary, the director may suspend eligibility determinations and enrollment in the program for the period of time necessary to meet the needs of existing eligible persons in the program. (2) The director, in consultation with the AIDS Drug Assistance Program Medical Advisory Committee, shall develop, maintain, and update as necessary a list of drugs to be provided under this program. The list shall be exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), and shall not be subject to the review and approval of the Office of Administrative Law.In addition, the director shall notify the fiscal and policy committees of the Legislature of any additions, deletions, or restrictions to the list within 15 business days of the action. At a minimum, this notification shall describe the specific change to the formulary, the reason for the action taken, the estimated number of people it may affect, and any estimate of costs or savings where applicable. (b) The director may grant funds to a county public health department through standard agreements to administer this program in that county. To maximize the recipients' access to drugs covered by this program, the director shall urge the county health department in counties granted these funds to decentralize distribution of the drugs to the recipients. (c) The director shall establish a rate structure for reimbursement for the cost of each drug included in the program. Rates shall not be less than the actual cost of the drug. However, the director may purchase a listed drug directly from the manufacturer and negotiate the most favorable bulk price for that drug. (d) Manufacturers of the drugs on the list shall pay the department a rebate equal to the rebate that would be applicable to the drug under Section 1927(c) of the federal Social Security Act (42 U.S.C. Sec. 1396r-8(c)) plus an additional rebate to be negotiated by each manufacturer with the department, except that no rebates shall be paid to the department under this section on drugs for which the department has received a rebate under Section 1927(c) of the federal Social Security Act (42 U.S.C. Sec. 1396r-8(c)) or that have been purchased on behalf of county health departments or other eligible entities at discount prices made available under Section 256b of Title 42 of the United States Code. (e) The department shall submit an invoice, not less than two times per year, to each manufacturer for the amount of the rebate required by subdivision (d). (f) Drugs may be removed from the list for failure to pay the rebate required by subdivision (d), unless the department determines that removal of the drug from the list would cause substantial medical hardship to beneficiaries. (g) The department may adopt emergency regulations to implement amendments to this chapter made during the 1997-98 Regular Session, in accordance with 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 initial adoption of emergency regulations shall be deemed to be an emergency and considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this section shall remain in effect for no more than 180 days. (h) Reimbursement under this chapter shall not be made for any drugs that are available to the recipient under any other private, state, or federal programs, or under any other contractual or legal entitlements, except that the director may authorize an exemption from this subdivision where exemption would represent a cost savings to the state. (i) The department may also subsidize certain cost-sharing requirements for persons otherwise eligible for the AIDS Drug Assistance Program (ADAP) with existing non-ADAP drug coverage by paying for prescription drugs included on the ADAP formulary within the existing ADAP operational structure up to, but not exceeding, the amount of that cost-sharing obligation. This cost sharing may only be applied in circumstances in which the other payer recognizes the ADAP payment as counting toward the individual's cost-sharing obligation. SEC. 107. Section 121285 of the Health and Safety Code is amended to read: 121285. (a) The Disease Prevention Demonstration Project, a collaboration between pharmacies and local and state health officials, is hereby authorized for the purpose of evaluating the long-term desirability of allowing licensed pharmacists to furnish or sell nonprescription hypodermic needles or syringes to prevent the spread of blood-borne pathogens, including HIV and hepatitis C. (b) The State Department of Health Services shall evaluate the effects of allowing pharmacists to furnish or sell a limited number of hypodermic needles or syringes without prescription, and provide a report to the Governor and the Legislature on or before January 15, 2010. The State Department of Health Services is encouraged to seek funding from private and federal sources to pay for the evaluation.The report shall include, but need not be limited to, the effect of nonprescription hypodermic needle or syringe sale on all of the following:(1) Hypodermic needle or syringe sharing practice among those who inject illegal drugs.(2) Rates of disease infection caused by hypodermic needle or syringe sharing.(3) Needlestick injuries to law enforcement officers and waste management employees.(4) Drug crime or other crime in the vicinity of pharmacies.(5) Safe or unsafe discard of used hypodermic needles or syringes.(6) Rates of injection of illegal drugs.(c) The State Department of Health Services shall convene an uncompensated evaluation advisory panel comprised of all of the following: two or more specialists in the control of infectious diseases; one or more representatives of the California State Board of Pharmacy; one or more representatives of independent pharmacies; one or more representatives of chain pharmacy owners; one or more representatives of law enforcement executives, such as police chiefs and sheriffs; one or more representatives of rank and file law enforcement officers; a specialist in hazardous waste management from the State Department of Health Services; one or more representatives of the waste management industry; and one or more representatives of local health officers. (d) In order to furnish or sell nonprescription hypodermic needles or syringes as part of the Disease Prevention Demonstration Project in a county or city that has provided authorization pursuant to Section 4145 of the Business and Professions Code, a pharmacy shall do all of the following: (1) Register with the local health department by providing a contact name and related information, and certify that it will provide, at the time of furnishing or sale of hypodermic needles or syringes, written information or verbal counseling on all of the following: (A) How to access drug treatment. (B) How to access testing and treatment for HIV and hepatitis C. (C) How to safely dispose of sharps waste. (2) Store hypodermic needles and syringes so that they are available only to authorized personnel, and not openly available to customers. (3) In order to provide for the safe disposal of hypodermic needles and syringes, a registered pharmacy shall provide one or more of the following options: (A) An onsite safe hypodermic needle and syringe collection and disposal program. (B) Furnish or make available for purchase mail-back sharps disposal containers authorized by the United States Postal Service that meet applicable state and federal requirements, and provide tracking forms to verify destruction at a certified disposal facility. (C) Furnish or make available for purchase personal sharps disposal containers that meet state and federal standards for disposal of medical waste. (e) Local health departments shall be responsible for all of the following: (1) Maintaining a list of all pharmacies within the local health department's jurisdiction that have registered under the Disease Prevention Demonstration Project. (2) Making available to pharmacies written information that may be provided or reproduced to be provided in writing or orally by the pharmacy at the time of furnishing or the sale of nonprescription hypodermic needles or syringes, including all of the following: (A) How to access drug treatment. (B) How to access testing and treatment for HIV and hepatitis C. (C) How to safely dispose of sharps waste. (f) As used in this chapter, "sharps waste" means hypodermic needles, syringes, and lancets. SEC. 108. Section 121340 of the Health and Safety Code is amended to read: 121340. (a) The State Department of Health Services, in consultation with the California Conference of Local Health Officers, the California Medical Association, HIV treatment providers, and public health and other stakeholders, shall determine, no later than December 31, 2005, whether California's HIV reporting system has achieved compliance with standards and criteria necessary to ensure continued federal funding for California under the federal Ryan White Comprehensive AIDS Resources Emergency (CARE) Act of 1990 (Public Law 101-381), as amended October 20, 2000 (Public Law 106-345). (b) The department shall inform the appropriate committees of the Legislature of its findings under subdivision (a) by December 31, 2005.(c) The department shall also report to the appropriate committees of the Legislature all written communications from the Centers for Disease Control and Prevention to the state received before December 31, 2005, that indicate that California's HIV reporting system has not or will not meet the federal standards and criteria for an HIV reporting system pursuant to the Ryan White CARE Act.SEC. 109. Section 123516 of the Health and Safety Code is amended to read: 123516. (a) The department, in consultation with the program administrators, may contract with one or more qualified organizations to assist the department in ensuring that grantees implement the program as established under Section 123491 and to conduct an annual evaluation of the implementation of the grant program on a statewide basis. The first evaluation shall be due 12 months after the award of grants pursuant to Section 123492. (b) (1) In conducting its monitoring and evaluation activities, the department shall be guided by program performance standards developed by the department in consultation with the Nurse-Family Partnership program.(2) The department shall submit the results of each annual evaluation to the Governor and the appropriate policy and fiscal committees of each house of the Legislature.(3)(2) The annual evaluation shall contain, but not be limited to, the extent to which each grantee participating in the program has done each of the following: (A) Recruited a population of low-income, first-time mothers. (B) Enrolled families early in pregnancy and followed them through the second birthday of the child. (C) Conducted visits that are of comparable frequency, duration, and content as those delivered in the randomized clinical trials of the program. (D) Assessed the health and well-being of the mothers and children enrolled in the program according to common indicators of maternal, child, and family health. SEC. 110. Section 124174.5 of the Health and Safety Code is amended to read: 124174.5.(a)The program, in collaboration with the State Department of Education, shall act as a liaison for school-based health centers.(b) Beginning on or before January 1, 2009, the program shall provide a biennial update to the appropriate policy and fiscal committees of the Legislature that includes information on all of the following:(1) The number and geographical distribution of school health centers.(2) The number of schoolage children who were served by school health centers.(3) The type and volume of health and mental health services provided by school health centers.(4) A description of state funds used by school health centers.(5) A description of any obstacles to the financial sustainability of school health centers and any necessary policy changes that would address those financial obstacles.(c) The department shall post on its Web site any written materials provided to the Legislature as part of the updates required by this section.SEC. 111. Section 124590 of the Health and Safety Code is amended to read: 124590. The Legislature finds and declares that the health status of many American Indians in California is not adequate. It is, therefore, the intent of the Legislature to insure that in addition to funding provided pursuant to the American Indian Health Service program, sufficient funding is provided to American Indians from other programs in order to substantially improve their access to health services. These programs include, but are not limited to, the following: (a) Rural health services. (b) Mental health services. (c) Developmental disability programs. (d) Maternal and child health programs. (e) Alcoholism programs. (f) Programs for the aging. (g) Environmental health programs.The department shall report to the Legislature by July 1, 1984, and every two years thereafter, with respect to the extent to that funding for these programs is allocated to grantees receiving funding from the department pursuant to Section 124585.SEC. 112. Section 124925 of the Health and Safety Code is repealed.124925. The department shall submit a report on its activities under this article to the Legislature no later than January 1, 1991, and annually thereafter.SEC. 113. Section 128557.5 of the Health and Safety Code is repealed.128557.5. On or before January 1, 2010, the foundation, the office, the Medical Board of California, and the advisory committee described in Section 128551 shall evaluate the success of the programs' operation and the foundation's fundraising and shall make recommendations to the Legislature for improvements to the programs or for the programs to be carried out by another agency or a foundation to be established within the Medical Board of California.SEC. 114. Section 128600 of the Health and Safety Code is amended to read: 128600. The Legislature finds and declares that the oversight and reporting requirements of the demonstration project established in this section are equal to, or exceed similar licensing standards for other health facilities. (a) The Office of Statewide Health Planning and Development shall conduct a demonstration project to evaluate the accommodation of postsurgical care patients for periods not exceeding two days, except that the attending physician and surgeon may require that the stay be extended to no more than three days. (b) (1) The demonstration project shall operate for a period not to exceed six years, for no more than 12 project sites, one of which shall be located in Fresno County. However, the demonstration project shall be extended an additional six years, to September 30, 2000, only for those project sites that were approved by the Office of Statewide Health Planning and Development and operational prior to January 1, 1994. (2) Any of the 12 project sites may be distinct parts of health facilities, or any of those sites may be physically freestanding from health facilities. None of the project sites that are designated as distinct parts of health facilities, shall be located in the service area of any one of the six freestanding project sites. None of the project sites that are designated as distinct parts of health facilities shall have a service area that overlaps with any one or more service areas of the freestanding pilot sites. For the purposes of this section, service area shall be defined by the office. (c) (1) The office shall establish standards for participation, commensurate with the needs of postsurgical care patients requiring temporary nursing services following outpatient surgical procedures. (2) In preparing the standards for participation, the office may, as appropriate, consult with the State Department of Health Services and a technical advisory committee that may be appointed by the Director of the Office of Statewide Health Planning and Development. The committee shall have no more than eight members, all of whom shall be experts in health care, as determined by the director of the office. One of the members of the committee shall, as determined by the director of the office, have specific expertise in the area of pediatric surgery and recovery care. (3) If a technical advisory committee is established by the director of the office, members of the committee shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the committee.(d) Not later than six months prior to the conclusion of the demonstration project, the office shall submit an evaluation of the demonstration project to the Legislature on the effectiveness and safety of the demonstration project in providing recovery services to patients receiving outpatient surgical services. The office, as part of the evaluation, shall include recommendations regarding the establishment of a new license category or amendment of existing licensing standards.(e)(d) The office shall establish and administer the demonstration project in facilities with no more than 20 beds that continuously meet the standards of skilled nursing facilities licensed under subdivision (c) of Section 1250, except that the office may, as appropriate and unless a danger to patients would be created, eliminate or modify the standards. This section shall not prohibit general acute care hospitals from participating in the demonstration project. The office may waive those building standards applicable to a project site that is a distinct part of a health facility that are inappropriate, as determined by the office, to the demonstration project. Notwithstanding health facility licensing regulations contained in Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations, a project site that is a distinct part of a health facility shall comply with all standards for participation established by the office and with all regulations adopted by the office to implement this section. A project site that is a distinct part of a health facility shall not, for the duration of the pilot project, be subject to Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations which conflict, as determined by the office, with the demonstration project standards or regulations.(f)(e) The office shall issue a facility identification number to each facility selected for participation in the demonstration project.(g)(f) Persons who wish to establish recovery care programs shall make application to the office for inclusion in the pilot program. Applications shall be made on forms provided by the office and shall contain sufficient information determined as necessary by the office.(h)(g) As a condition of participation in the pilot program, each applicant shall agree to provide statistical data and patient information that the office deems necessary for effective evaluation. It is the intent of the Legislature that the office shall develop procedures to assure the confidentiality of patient information and shall only disclose patient information, including name identification, as is necessary pursuant to this section or any other law.(i)(h) Any authorized officer, employee, or agent of the office may, upon presentation of proper identification, enter and inspect any building or premises and any records, including patient records, of a pilot project participant at any reasonable time to review compliance with, or to prevent any violation of, this section or the regulations and standards adopted thereunder.(j)(i) The office may suspend or withdraw approval of any or all pilot projects with notice, but without hearing if it determines that patient safety is being jeopardized.(k)(j) The office may charge applicants and participants in the program a reasonable fee to cover its actual cost of administering the pilot program and the cost of any committee established by this section. The facilities participating in the pilot project shall pay fees that equal the amount of any increase in fiscal costs incurred by the state as a result of the extension of the pilot project until September 30, 2000, pursuant to subdivision (b).( l) (k) The office may contract with a medical consultant or other advisers as necessary, as determined by the office. Due to the necessity to expedite the demonstration project and its extremely specialized nature, the contracts shall be exempt from Section 10373 of the Public Contract Code, and shall be considered sole-source contracts.(m)(l) The office may adopt emergency regulations to implement this section in accordance with Section 11346.1 of the Government Code, except that the regulations shall be exempt from the requirements of subdivisions (e), (f), and (g) of that section. The regulations shall be deemed an emergency for the purposes of Section 11346.1. Applications to establish any of the four project sites authorized by the amendments made to this section during the 1987-88 Regular Session of the California Legislature shall be considered by the office from among the applications submitted to it in response to its initial request for proposal process.(n)(m) Any administrative opinion, decision, waiver, permit, or finding issued by the office prior to July 1, 1990, with respect to any of the demonstration projects approved by the office prior to July 1, 1990, shall automatically be extended by the office to remain fully effective as long as the demonstration projects are required to operate pursuant to this section.(o)(n) The office shall not grant approval to a postsurgical recovery care facility, as defined in Section 97500.111 of Title 22 of the California Code of Regulations, that is freestanding, as defined in Section 97500.49 of Title 22 of the California Code of Regulations, to begin operation as a participating demonstration project if it is located in the County of Solano.(p)(o) Participants in the demonstration program for postsurgical recovery facilities shall not be precluded from receiving reimbursement from, or conducting good faith negotiations with, a third-party payor solely on the basis that the participant is engaged in a demonstration program and accordingly is not licensed. SEC. 115. Section 130252 of the Health and Safety Code is amended to read: 130252. (a) Subject to available funding, the California Health and Human Services Agency shall be responsible for ensuring that all federal grant deliverables are met. The agency shall coordinate electronic health activities in the state and work with stakeholders, state departments, and the Legislature to support policy needs for health information technology and health information exchange in California. (b) In the event that a state governance entity is established, all of the following conditions shall be met: (1) The agency shall be responsible for ensuring that all deliverables established in the strategic and operational plans established pursuant to subdivision (e) of Section 130251, and as required by the federal grant, are met. (2) Any grant issued by the agency to the state governance entity for health information exchange shall be deliverables based. All deliverables shall be subject to approval and acceptance by the agency. (c) The agency, state-designated entity, or the state governance entity shall establish and begin providing health information exchange services by January 1, 2012. (d) The state-designated entity or state governance entity shall ensure that an effective model for health information exchange governance and accountability is in place. In order to avoid any real or apparent conflict of interest, the state-designated entity or state governance entity shall ensure organizational and functional separation exists between the governance functions of the entity and its operational functions, specifically between operating entities that are or may be involved in building and maintaining the health information exchange. The agency shall conduct periodic internal reviews at least once after an entity has received the designation, and periodically as necessary, to ensure this separation is maintained, and that the state-designated entity or state governance entity operates in a manner that ensures organizational integrity and accountability. (e) The state-designated entity or state governance entity shall provide a process for public comment and input, which may include integrating public workgroups convened by the agency during the operational planning process into its organizational structure. (f) The state-designated entity or state governance entity, in consultation with the Office of Health Information Integrity, shall develop detailed standards and policies to be included in all contracts with health care entities that are participants of the state-designated entity's or governance entity's health information exchange for health information exchange services provided by the applicable entity. The state-designated entity or state governance entity shall also work with the Office of Health Information Integrity to ensure standardization of privacy and security policies for health information exchange statewide. The state-designated entity or state governance entity shall develop operational policies based on privacy and security guidelines developed by the state, and create a uniform set of privacy and security rules to be used by other entities participating in health information exchanges established by the state-designated entity or state governance entity for health information exchange or a contract made by the applicable entity for health information exchange.(g) The agency shall develop a detailed implementation plan that meets all requirements, deliverables, and goals specified in the strategic and operational plans established pursuant to subdivision (e) of Section 130251. The implementation plan shall be submitted to the Legislature by November 1, 2010. The implementation plan shall include, but need not be limited to, all of the following:(1) A detailed work plan and communications plan.(2) A model that defines the technical architecture for services recommended in the operational plan.(3) A description of specific core services enabled or provided by the health information exchange and timeframes for the rollout of those services.(4) A determination of how to most effectively engage stakeholders throughout the state.(5) A description of specific deliverables and timeframes to ensure that statewide health information exchange is achieved pursuant to the state strategic and operational plans.(6) Detailed information on internal infrastructure that ensures the state governance entity for health information exchange meets legal and regulatory criteria needed, including, but not limited to, a comprehensive staffing plan.(h)(g) Any contract for state designation or subgrant agreement pursuant to this section shall be made through an open and competitive process as required by federal law.(i)(h) The state designated entity or state governance entity shall comply with applicable provisions of the federal Health Information Technology for Economic and Clinical Health Act (HITECH Act; Public Law 111-5), the federal Public Health Service Act (42 U.S.C. Sec. 300x-26), and applicable federal policies, guidance, and requirements. These provisions shall include, but are not limited to, the requirement that funds be used to conduct activities to facilitate and expand the electronic movement and use of health information among organizations according to nationally recognized standards in effect on December 31, 2010. SEC. 116. Section 1872.1 of the Insurance Code is repealed.1872.1. (a) There is created within the Fraud Division an advisory committee on automobile insurance fraud and economic automobile theft prevention, investigation, and prosecution, as provided in this chapter. The committee shall be composed of the Chief of the Fraud Division, a representative from the Department of Justice, the Department of Motor Vehicles, the Division of Investigation of the Department of Consumer Affairs, the Department of the California Highway Patrol, the Bureau of Automotive Repair, the Parole and Community Services Division of the Department of Corrections, the State Bar of California, the Medical Board of California, the State Board of Chiropractic Examiners, two representatives from local law enforcement agencies, one of whom shall be a prosecutor, and representatives of three insurers assessed pursuant to Section 1872.8, and a representative of a labor organization with members in the automotive repair business. (b) The commissioner shall select representatives from local law enforcement agencies from names submitted from local law enforcement agencies. The commissioner shall select one insurer representative from each of the following three categories from nominees submitted by insurers in each category: one representative of insurers with average annual automobile liability premiums in California of less than one hundred million dollars ($100,000,000) in the preceding three years; one representative of insurers with average annual automobile liability premiums in California between one hundred million dollars ($100,000,000) and seven hundred million dollars ($700,000,000) in the preceding three years; and one representative of insurers with average annual automobile liability premiums in California exceeding seven hundred million dollars ($700,000,000) in the preceding three years. At least one insurer representative shall be employed by an insurer having its principal headquarters in California. Members appointed by the commissioner shall serve at the pleasure of the commissioner. Representatives from other agencies shall be selected by the agencies represented. (c) The advisory committee shall elect one of its members annually to chair its meetings. The chair shall conduct quarterly meetings of the committee in California and at such other times as he or she deems appropriate. Members of the committee shall serve without compensation except for expenses incidental to attendance at meetings called by the chair. A report of the committee's activities shall be included in the report required under Section 1872.9. (d) The purpose and goals of the advisory committee are as follows: (1) Recommend to the Fraud Division and other appropriate public agencies and private sector entities ways to coordinate the investigation, prosecution, and prevention of automobile insurance claims fraud, including economic automobile theft. (2) Provide assistance to the Fraud Division towards implementing the goal of reducing the frequency and severity of fraudulent automobile insurance claims (adjusted for population growth and inflation) of 20 percent in urban areas and 10 percent in rural areas of the state within a 24-month period from the effective date of this chapter by utilizing resources set forth in Section 1872.8. (3) Assure that preventive, investigative, prosecutive, and data collection efforts undertaken by the Fraud Division pursuant to this chapter are efficient, cost-effective, and complement similar efforts undertaken by law enforcement agencies and insurers. (4) Make recommendations for inclusion in the Fraud Division's annual report required by Section 1872.9.SEC. 117. Section 111 of the Labor Code is amended to read: 111.(a)The Workers' Compensation Appeals Board, consisting of seven members, shall exercise all judicial powers vested in it under this code. In all other respects, the Division of Workers' Compensation is under the control of the administrative director and, except as to those duties, powers, jurisdiction, responsibilities, and purposes as are specifically vested in the appeals board, the administrative director shall exercise the powers of the head of a department within the meaning of Article 1 (commencing with Section 11150) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code with respect to the Division of Workers' Compensation which shall include supervision of, and responsibility for, personnel, and the coordination of the work of the division, except personnel of the appeals board.(b) The administrative director shall prepare and submit, on March 1 of each year, a report to the Governor and the Legislature covering the activities of the division during the prior year. The report shall include recommendations for improvement and the need, if any, for legislation to enhance the delivery of compensation to injured workers. The report shall include data on penalties imposed on employers or insurers due to delays in compensation or notices, or both, by category of penalty imposed.SEC. 118. Section 3201.5 of the Labor Code is amended to read: 3201.5. (a) Except as provided in subdivisions (b) and (c), the Department of Industrial Relations and the courts of this state shall recognize as valid and binding any provision in a collective bargaining agreement between a private employer or groups of employers engaged in construction, construction maintenance, or activities limited to rock, sand, gravel, cement and asphalt operations, heavy-duty mechanics, surveying, and construction inspection and a union that is the recognized or certified exclusive bargaining representative that establishes any of the following: (1) An alternative dispute resolution system governing disputes between employees and employers or their insurers that supplements or replaces all or part of those dispute resolution processes contained in this division, including, but not limited to, mediation and arbitration. Any system of arbitration shall provide that the decision of the arbiter or board of arbitration is subject to review by the appeals board in the same manner as provided for reconsideration of a final order, decision, or award made and filed by a workers' compensation administrative law judge pursuant to the procedures set forth in Article 1 (commencing with Section 5900) of Chapter 7 of Part 4 of Division 4, and the court of appeals pursuant to the procedures set forth in Article 2 (commencing with Section 5950) of Chapter 7 of Part 4 of Division 4, governing orders, decisions, or awards of the appeals board. The findings of fact, award, order, or decision of the arbitrator shall have the same force and effect as an award, order, or decision of a workers' compensation administrative law judge. Any provision for arbitration established pursuant to this section shall not be subject to Sections 5270, 5270.5, 5271, 5272, 5273, 5275, and 5277. (2) The use of an agreed list of providers of medical treatment that may be the exclusive source of all medical treatment provided under this division. (3) The use of an agreed, limited list of qualified medical evaluators and agreed medical evaluators that may be the exclusive source of qualified medical evaluators and agreed medical evaluators under this division. (4) Joint labor management safety committees. (5) A light-duty, modified job or return-to-work program. (6) A vocational rehabilitation or retraining program utilizing an agreed list of providers of rehabilitation services that may be the exclusive source of providers of rehabilitation services under this division. (b) (1) Nothing in this section shall allow a collective bargaining agreement that diminishes the entitlement of an employee to compensation payments for total or partial disability, temporary disability, vocational rehabilitation, or medical treatment fully paid by the employer as otherwise provided in this division. The portion of any agreement that violates this paragraph shall be declared null and void. (2) The parties may negotiate any aspect of the delivery of medical benefits and the delivery of disability compensation to employees of the employer or group of employers that are eligible for group health benefits and nonoccupational disability benefits through their employer. (c) Subdivision (a) shall apply only to the following: (1) An employer developing or projecting an annual workers' compensation insurance premium, in California, of two hundred fifty thousand dollars ($250,000) or more, or any employer that paid an annual workers' compensation insurance premium, in California, of two hundred fifty thousand dollars ($250,000) in at least one of the previous three years. (2) Groups of employers engaged in a workers' compensation safety group complying with Sections 11656.6 and 11656.7 of the Insurance Code, and established pursuant to a joint labor management safety committee or committees, that develops or projects annual workers' compensation insurance premiums of two million dollars ($2,000,000) or more. (3) Employers or groups of employers that are self-insured in compliance with Section 3700 that would have projected annual workers' compensation costs that meet the requirements of, and that meet the other requirements of, paragraph (1) in the case of employers, or paragraph (2) in the case of groups of employers. (4) Employers covered by an owner or general contractor provided wrap-up insurance policy applicable to a single construction site that develops workers' compensation insurance premiums of two million dollars ($2,000,000) or more with respect to those employees covered by that wrap-up insurance policy. (d) Employers and labor representatives who meet the eligibility requirements of this section shall be issued a letter by the administrative director advising each employer and labor representative that, based upon the review of all documents and materials submitted as required by the administrative director, each has met the eligibility requirements of this section. (e) The premium rate for a policy of insurance issued pursuant to this section shall not be subject to the requirements of Section 11732 or 11732.5 of the Insurance Code. (f) No employer may establish or continue a program established under this section until it has provided the administrative director with all of the following: (1) Upon its original application and whenever it is renegotiated thereafter, a copy of the collective bargaining agreement and the approximate number of employees who will be covered thereby. (2) Upon its original application and annually thereafter, a valid and active license where that license is required by law as a condition of doing business in the state within the industries set forth in subdivision (a) of Section 3201.5. (3) Upon its original application and annually thereafter, a statement signed under penalty of perjury, that no action has been taken by any administrative agency or court of the United States to invalidate the collective bargaining agreement. (4) The name, address, and telephone number of the contact person of the employer. (5) Any other information that the administrative director deems necessary to further the purposes of this section. (g) No collective bargaining representative may establish or continue to participate in a program established under this section unless all of the following requirements are met: (1) Upon its original application and annually thereafter, it has provided to the administrative director a copy of its most recent LM-2 or LM-3 filing with the United States Department of Labor, along with a statement, signed under penalty of perjury, that the document is a true and correct copy. (2) It has provided to the administrative director the name, address, and telephone number of the contact person or persons of the collective bargaining representative or representatives. (h) Commencing July 1, 1995, and annually thereafter, the Division of Workers' Compensation shall report to the Director of the Department of Industrial Relations the number of collective bargaining agreements received and the number of employees covered by these agreements.(i) By June 30, 1996, and annually thereafter, the Administrative Director of the Division of Workers' Compensation shall prepare and notify Members of the Legislature that a report authorized by this section is available upon request. The report based upon aggregate data shall include the following:(1) Person hours and payroll covered by agreements filed.(2) The number of claims filed.(3) The average cost per claim shall be reported by cost components whenever practicable.(4) The number of litigated claims, including the number of claims submitted to mediation, the appeals board, or the court of appeal.(5) The number of contested claims resolved prior to arbitration.(6) The projected incurred costs and actual costs of claims.(7) Safety history.(8) The number of workers participating in vocational rehabilitation.(9) The number of workers participating in light-duty programs.The division shall have the authority to require those employers and groups of employers listed in subdivision (c) to provide the data listed above.(j)(i) The data obtained by the administrative director pursuant to this section shall be confidential and not subject to public disclosure under any law of this state. However, the Division of Workers' Compensation shall create derivative works pursuant tosubdivisions (h) and (i)subdivision (h) based on the collective bargaining agreements and data. Those derivative works shall not be confidential, but shall be public. On a monthly basis the administrative director shall make available an updated list of employers and unions entering into collective bargaining agreements containing provisions authorized by this section. SEC. 119. Section 3201.7 of the Labor Code is amended to read: 3201.7. (a) Except as provided in subdivision (b), the Department of Industrial Relations and the courts of this state shall recognize as valid and binding any labor-management agreement that meets all of the following requirements: (1) The labor-management agreement has been negotiated separate and apart from any collective bargaining agreement covering affected employees. (2) The labor-management agreement is restricted to the establishment of the terms and conditions necessary to implement this section. (3) The labor-management agreement has been negotiated in accordance with the authorization of the administrative director pursuant to subdivision (d), between an employer or groups of employers and a union that is the recognized or certified exclusive bargaining representative that establishes any of the following: (A) An alternative dispute resolution system governing disputes between employees and employers or their insurers that supplements or replaces all or part of those dispute resolution processes contained in this division, including, but not limited to, mediation and arbitration. Any system of arbitration shall provide that the decision of the arbiter or board of arbitration is subject to review by the appeals board in the same manner as provided for reconsideration of a final order, decision, or award made and filed by a workers' compensation administrative law judge pursuant to the procedures set forth in Article 1 (commencing with Section 5900) of Chapter 7 of Part 4 of Division 4, and the court of appeals pursuant to the procedures set forth in Article 2 (commencing with Section 5950) of Chapter 7 of Part 4 of Division 4, governing orders, decisions, or awards of the appeals board. The findings of fact, award, order, or decision of the arbitrator shall have the same force and effect as an award, order, or decision of a workers' compensation administrative law judge. Any provision for arbitration established pursuant to this section shall not be subject to Sections 5270, 5270.5, 5271, 5272, 5273, 5275, and 5277. (B) The use of an agreed list of providers of medical treatment that may be the exclusive source of all medical treatment provided under this division. (C) The use of an agreed, limited list of qualified medical evaluators and agreed medical evaluators that may be the exclusive source of qualified medical evaluators and agreed medical evaluators under this division. (D) Joint labor management safety committees. (E) A light-duty, modified job, or return-to-work program. (F) A vocational rehabilitation or retraining program utilizing an agreed list of providers of rehabilitation services that may be the exclusive source of providers of rehabilitation services under this division. (b) (1) Nothing in this section shall allow a labor-management agreement that diminishes the entitlement of an employee to compensation payments for total or partial disability, temporary disability, vocational rehabilitation, or medical treatment fully paid by the employer as otherwise provided in this division; nor shall any agreement authorized by this section deny to any employee the right to representation by counsel at all stages during the alternative dispute resolution process. The portion of any agreement that violates this paragraph shall be declared null and void. (2) The parties may negotiate any aspect of the delivery of medical benefits and the delivery of disability compensation to employees of the employer or group of employers that are eligible for group health benefits and nonoccupational disability benefits through their employer. (c) Subdivision (a) shall apply only to the following: (1) An employer developing or projecting an annual workers' compensation insurance premium, in California, of fifty thousand dollars ($50,000) or more, and employing at least 50 employees, or any employer that paid an annual workers' compensation insurance premium, in California, of fifty thousand dollars ($50,000), and employing at least 50 employees in at least one of the previous three years. (2) Groups of employers engaged in a workers' compensation safety group complying with Sections 11656.6 and 11656.7 of the Insurance Code, and established pursuant to a joint labor management safety committee or committees, that develops or projects annual workers' compensation insurance premiums of five hundred thousand dollars ($500,000) or more. (3) Employers or groups of employers, including cities and counties, that are self-insured in compliance with Section 3700 that would have projected annual workers' compensation costs that meet the requirements of, and that meet the other requirements of, paragraph (1) in the case of employers, or paragraph (2) in the case of groups of employers. (d) Any recognized or certified exclusive bargaining representative in an industry not covered by Section 3201.5, may file a petition with the administrative director seeking permission to negotiate with an employer or group of employers to enter into a labor-management agreement pursuant to this section. The petition shall specify the bargaining unit or units to be included, the names of the employers or groups of employers, and shall be accompanied by proof of the labor union's status as the exclusive bargaining representative. The current collective bargaining agreement or agreements shall be attached to the petition. The petition shall be in the form designated by the administrative director. Upon receipt of the petition, the administrative director shall promptly verify the petitioner's status as the exclusive bargaining representative. If the petition satisfies the requirements set forth in this subdivision, the administrative director shall issue a letter advising each employer and labor representative of their eligibility to enter into negotiations, for a period not to exceed one year, for the purpose of reaching agreement on a labor-management agreement pursuant to this section. The parties may jointly request, and shall be granted, by the administrative director, an additional one-year period to negotiate an agreement. (e) No employer may establish or continue a program established under this section until it has provided the administrative director with all of the following: (1) Upon its original application and whenever it is renegotiated thereafter, a copy of the labor-management agreement and the approximate number of employees who will be covered thereby. (2) Upon its original application and annually thereafter, a statement signed under penalty of perjury, that no action has been taken by any administrative agency or court of the United States to invalidate the labor-management agreement. (3) The name, address, and telephone number of the contact person of the employer. (4) Any other information that the administrative director deems necessary to further the purposes of this section. (f) No collective bargaining representative may establish or continue to participate in a program established under this section unless all of the following requirements are met: (1) Upon its original application and annually thereafter, it has provided to the administrative director a copy of its most recent LM-2 or LM-3 filing with the United States Department of Labor, where such filing is required by law, along with a statement, signed under penalty of perjury, that the document is a true and correct copy. (2) It has provided to the administrative director the name, address, and telephone number of the contact person or persons of the collective bargaining representative or representatives. (g) Commencing July 1, 2005, and annually thereafter, the Division of Workers' Compensation shall report to the Director of Industrial Relations the number of labor-management agreements received and the number of employees covered by these agreements.(h) By June 30, 2006, and annually thereafter, the administrative director shall prepare and notify Members of the Legislature that a report authorized by this section is available upon request. The report based upon aggregate data shall include the following:(1) Person hours and payroll covered by agreements filed.(2) The number of claims filed.(3) The average cost per claim shall be reported by cost components whenever practicable.(4) The number of litigated claims, including the number of claims submitted to mediation, the appeals board, or the court of appeal.(5) The number of contested claims resolved prior to arbitration.(6) The projected incurred costs and actual costs of claims.(7) Safety history.(8) The number of workers participating in vocational rehabilitation.(9) The number of workers participating in light-duty programs.(10) Overall worker satisfaction.The division shall have the authority to require employers and groups of employers participating in labor-management agreements pursuant to this section to provide the data listed above.(i)(h) The data obtained by the administrative director pursuant to this section shall be confidential and not subject to public disclosure under any law of this state. However, the Division of Workers' Compensation shall create derivative works pursuant to subdivisions (f) and (g) based on the labor-management agreements and data. Those derivative works shall not be confidential, but shall be public. On a monthly basis, the administrative director shall make available an updated list of employers and unions entering into labor-management agreements authorized by this section. SEC. 120. Section 3716.1 of the Labor Code is amended to read: 3716.1. (a) In any hearing, investigation, or proceeding, the Attorney General, or attorneys of the Department of Industrial Relations, shall represent the director and the state. Expenses incident to representation of the director and the state, before the appeals board and in civil court, by the Attorney General or Department of Industrial Relations attorneys, shall be reimbursed from the Workers' Compensation Administration Revolving Fund. Expenses incident to representation by the Attorney General or attorneys of the Department of Industrial Relations incurred in attempts to recover moneys pursuant to Section 3717 of the Labor Code shall not exceed the total amounts recovered by the director on behalf of the Uninsured Employers Benefits Trust Fund pursuant to this chapter. (b) The director shall assign investigative and claims' adjustment services respecting matters concerning uninsured employers injury cases. The director or his or her representative may make these service assignments within the department, or he or she may contract for these services with the State Compensation Insurance Fund, except insofar as these matters might conflict with the interests of the State Compensation Insurance Fund. The administrative costs associated with these services shall be reimbursed from the Workers' Compensation Administration Revolving Fund and the nonadministrative costs from the Uninsured Employers Benefits Trust Fund, except when a budget impasse requires advances as described in subdivision (c) of Section 62.5. To the extent permitted by state law, the director may contract for audits or reports of services under this section.(c) Commencing November 1, 2004, the State Compensation Insurance Fund and the director shall report annually to the fiscal committees of both houses of the Legislature and the Director of Finance, regarding any of the following:(1) The number of uninsured employers claims paid in the previous fiscal year, the total cost of those claims, and levels of reserves for incurred claims.(2) The administrative costs associated with claims payment activities.(3) Annual revenues to the Uninsured Employers Benefits Trust Fund from all of the following:(A) Assessments collected pursuant to subdivision (c) of Section 62.5.(B) Fines and penalties collected by the department.(C) Revenues collected pursuant to Section 3717.(4) Projected annual program and claims costs for the current and upcoming fiscal years.SEC. 121. Section 4755 of the Labor Code is amended to read: 4755. (a) The State Compensation Insurance Fund may draw from the State Treasury out of the Subsequent Injuries Benefits Trust Fund for the purposes specified in Section 4751, without at the time presenting vouchers and itemized statements, a sum not to exceed in the aggregate fifty thousand dollars ($50,000), to be used as a cash revolving fund. The revolving fund shall be deposited in any banks and under any conditions as the Department of Finance determines. The Controller shall draw his or her warrants in favor of the State Compensation Insurance Fund for the amounts so withdrawn and the Treasurer shall pay these warrants. (b) Expenditures made from the revolving fund in payments on claims for any additional compensation and for adjusting services are exempted from the operation of Section 16003 of the Government Code. Reimbursement of the revolving fund for these expenditures shall be made upon presentation to the Controller of an abstract or statement of the expenditures. The abstract or statement shall be in any form as the Controller requires. (c) The director shall assign claims adjustment services and legal representation services respecting matters concerning subsequent injuries. The director or his or her representative may make these service assignments within the department, or he or she may contract for these services with the State Compensation Insurance Fund, for a fee in addition to that authorized by Section 4754, except insofar as these matters might conflict with the interests of the State Compensation Insurance Fund. The administrative costs associated with these services shall be reimbursed from the Workers' Compensation Administration Revolving Fund, except when a budget impasse requires advances as provided in subdivision (d) of Section 62.5. To the extent permitted by state law, the director may contract for audits or reports of services under this section.(d) Commencing November 1, 2004, the State Compensation Insurance Fund and the director shall report annually to the fiscal committees of both houses of the Legislature and the Director of Finance, regarding all of the following:(1) The number of subsequent injuries claims paid in the previous fiscal year, the total costs of those claims, and the levels of reserves on incurred claims.(2) The administrative costs associated with claims payment activities.(3) Annual revenues to the Subsequent Injuries Benefits Trust Fund from both of the following:(A) Assessments collected pursuant to subdivision (d) of Section 62.5.(B) Other revenues collected by the department.(4) Projected annual program and claims costs for the current and upcoming fiscal years.SEC. 122. Section 5502 of the Labor Code is amended to read: 5502. (a) Except as provided insubdivisions (b) and (d)subdivision (b) , the hearing shall be held not less than 10 days, and not more than 60 days, after the date a declaration of readiness to proceed, on a form prescribed by the appeals board, is filed. If a claim form has been filed for an injury occurring on or after January 1, 1990, and before January 1, 1994, an application for adjudication shall accompany the declaration of readiness to proceed. (b) The administrative director shall establish a priority calendar for issues requiring an expedited hearing and decision. A hearing shall be held and a determination as to the rights of the parties shall be made and filed within 30 days after the declaration of readiness to proceed is filed if the issues in dispute are any of the following: (1) The employee's entitlement to medical treatment pursuant to Section 4600. (2) The employee's entitlement to, or the amount of, temporary disability indemnity payments. (3) The employee's entitlement to compensation from one or more responsible employers when two or more employers dispute liability as among themselves. (4) Any other issues requiring an expedited hearing and determination as prescribed in rules and regulations of the administrative director. (c) The administrative director shall establish a priority conference calendar for cases in which the employee is represented by an attorney and the issues in dispute are employment or injury arising out of employment or in the course of employment. The conference shall be conducted by a workers' compensation administrative law judge within 30 days after the declaration of readiness to proceed. If the dispute cannot be resolved at the conference, a trial shall be set as expeditiously as possible, unless good cause is shown why discovery is not complete, in which case status conferences shall be held at regular intervals. The case shall be set for trial when discovery is complete, or when the workers' compensation administrative law judge determines that the parties have had sufficient time in which to complete reasonable discovery. A determination as to the rights of the parties shall be made and filed within 30 days after the trial.(d)The administrative director shall report quarterly to the Governor and to the Legislature concerning the frequency and types of issues which are not heard and decided within the period prescribed in this section and the reasons therefor.(e)(d) (1) In all cases, a mandatory settlement conference shall be conducted not less than 10 days, and not more than 30 days, after the filing of a declaration of readiness to proceed. If the dispute is not resolved, the regular hearing shall be held within 75 days after the declaration of readiness to proceed is filed. (2) The settlement conference shall be conducted by a workers' compensation administrative law judge or by a referee who is eligible to be a workers' compensation administrative law judge or eligible to be an arbitrator under Section 5270.5. At the mandatory settlement conference, the referee or workers' compensation administrative law judge shall have the authority to resolve the dispute, including the authority to approve a compromise and release or issue a stipulated finding and award, and if the dispute cannot be resolved, to frame the issues and stipulations for trial. The appeals board shall adopt any regulations needed to implement this subdivision. The presiding workers' compensation administrative law judge shall supervise settlement conference referees in the performance of their judicial functions under this subdivision. (3) If the claim is not resolved at the mandatory settlement conference, the parties shall file a pretrial conference statement noting the specific issues in dispute, each party's proposed permanent disability rating, and listing the exhibits, and disclosing witnesses. Discovery shall close on the date of the mandatory settlement conference. Evidence not disclosed or obtained thereafter shall not be admissible unless the proponent of the evidence can demonstrate that it was not available or could not have been discovered by the exercise of due diligence prior to the settlement conference.(f)(e) In cases involving the Director of the Department of Industrial Relations in his or her capacity as administrator of the Uninsured Employers Fund, this section shall not apply unless proof of service, as specified in paragraph (1) of subdivision (d) of Section 3716, has been filed with the appeals board and provided to the Director of Industrial Relations, valid jurisdiction has been established over the employer, and the fund has been joined.(g)(f) Except as provided in subdivision (a) and in Section 4065, the provisions of this section shall apply irrespective of the date of injury. SEC. 123. Section 431 of the Military and Veterans Code is amended to read: 431. (a) The Adjutant General may, either directly or through armory boards, or through subordinate commanders, lease or otherwise authorize the use of, by any person for any lawful purpose, manage, supervise all activities in, perform all necessary military duties with respect to and control all armories that are built or acquired by the state, that come into possession or control of the state, or that are erected, purchased, leased, or provided or contributed to, in whole or in part, by any city, county, political subdivision, or district, or by anyone, for armory purposes. (b) The Adjutant General may contract with the United States for the operation of any armory for purposes of training of federal military personnel, with provision that all state costs related to that operation shall be reimbursed by the United States. (c) All revenues or income from any armory shall be paid to the Adjutant General who shall account for the revenues or income to the Controller at the close of each month in the form that the Controller prescribes and shall deposit the revenues and income into the Treasury to the credit of the Armory Discretionary Improvement Account, which is hereby created, in the General Fund. The revenues and income in the account shall be available, when appropriated, to the Adjutant General, for allocation for the maintenance, repairs, improvements, and operating expenses necessary or desirable for increased or improved community utilization of the facilities of the armory from which the revenues and income were derived.(d) The Adjutant General, on May 1st of each year, shall submit to the Department of General Services and obtain approval of a schedule of rental, license, or lease fees for each state-owned or leased armory by location. This schedule, when approved by the Department of General Services, shall be used by the Adjutant General during the next succeeding fiscal year to determine the minimum rental, license, or lease fees to be charged the renter, licensee, or lessor.SEC. 124. Section 999y of the Penal Code is repealed.999y. The California Emergency Management Agency shall report annually to the Legislature concerning the program established by this chapter. The agency shall prepare and submit to the Legislature on or before December 15, 2002, and within six months of the completion of subsequent funding cycles for this program, an evaluation of the Child Abuser Prosecution Program. This evaluation shall identify outcome measures to determine the effectiveness of the programs established under this chapter, which shall include, but not be limited to, both of the following, to the extent that data is available: (a) Child abuse conviction rates of Child Abuser Prosecution Program units compared to those of nonfunded counties. (b) Quantification of the annual per capita costs of the Child Abuser Prosecution Program compared to the costs of prosecuting child abuse crimes in nonfunded counties.SEC. 125. Section 1174.7 of the Penal Code is repealed.1174.7. The department shall report the status of this program to the Legislature on or before January 1, 1996, and each year thereafter.SEC . 126. Section 3049.5 of the Penal Code is amended to read: 3049.5. Notwithstanding the provisions of Section 3049, any prisoner selected for inclusion in a specific research program approved by the Board of Corrections may be paroled upon completion of the diagnostic study provided for in Section 5079. The number of prisoners released in any year under this provision shall not exceed 5 percent of the total number of all prisoners released in the preceding year. This section shall not apply to a prisoner who, while committing the offense for which he has been imprisoned, physically attacked any person by any means. A threat of attack is not a physcial attack for the purposes of this section unless such threat was accompanied by an attempt to inflict physical harm upon some person.The Board of Corrections shall report to the Legislature on the fifth Legislative day of the 1974 Regular Session of the Legislature regarding any research program completed or in progress authorized under this section, and thereafter it shall report annually.SEC. 127. Section 3050 of the Penal Code is amended to read: 3050. (a) Notwithstanding any other provision of law, any inmate under the custody of the Department of Corrections and Rehabilitation who is not currently serving and has not served a prior indeterminate sentence or a sentence for a violent felony, a serious felony, or a crime that requires him or her to register as a sex offender pursuant to Section 290, who has successfully completed an in prison drug treatment program, upon release from state prison, shall, whenever possible, be entered into a 150-day residential aftercare drug treatment program sanctioned by the department. (b) As a condition of parole, if the inmate successfully completes 150 days of residential aftercare treatment, as determined by the Department of Corrections and Rehabilitation and the aftercare provider, the parolee shall be discharged from parole supervision at that time.(c) Commencing with 2008, the department shall report annually to the Joint Legislative Budget Committee and the State Auditor on the effectiveness of these provisions, including recidivism rates.SEC. 128. Sec tion 4801 of the Penal Code is amended to read: 4801. (a) The Board of Parole Hearings may report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sentence or be pardoned and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, including evidence of intimate partner battering and its effects. For purposes of this section, "intimate partner battering and its effects" may include evidence of the nature and effects of physical, emotional, or mental abuse upon the beliefs, perceptions, or behavior of victims of domestic violence where it appears the criminal behavior was the result of that victimization. (b)(1)The Board of Parole Hearings, in reviewing a prisoner's suitability for parole pursuant to Section 3041.5, shall consider any information or evidence that, at the time of the commission of the crime, the prisoner had experienced intimate partner battering, but was convicted of the offense prior to the enactment of Section 1107 of the Evidence Code by Chapter 812 of the Statutes of 1991. The board shall state on the record the information or evidence that it considered pursuant to this subdivision, and the reasons for the parole decision.The board shall annually report to the Legislature and the Governor on the cases the board considered pursuant to this subdivision during the previous year, including the board's decision and the findings of its investigations of these cases.(2) The report for the Legislature to be submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795 of the Government Code.SEC. 129. Section 6031.2 of the Penal Code is amended to read: 6031.2. (a) The Board ofCorrectionsState and Community Corrections shall file with the Legislature on December 30, in each even-numbered year, reports to the Legislature which shall include information on all of the following:(a)(1) Inspection of those local detention facilities that have not complied with the minimum standards established pursuant to Section 6030. The reports shall specify those areas in which the facility has failed to comply and the estimated cost to the facility necessary to accomplish compliance with the minimum standards.(b)(2) Information regarding the progress and effectiveness of the standards and training program contained in Sections 6035 to 6037, inclusive.(c)(3) Status of funds expended, interest earned, actions implementing the prerequisites for funding, any reallocations of funds pursuant to Sections 4497.04 to 4497.16, inclusive, and a complete listing of funds allocated to each county.(d)(4) Inmate accounting system data to be maintained on an annual basis by the sheriff, chief of police, or other official in charge of operating the adult detention system in a county or city, including all of the following:(1)(A) Average daily population of sentenced and unsentenced prisoners classified according to gender and juvenile status.(2)(B) Jail admissions of sentenced and unsentenced prisoners, booking charge, date and time of booking, date and time of release, and operating expenses.(3)(C) Detention system capital and operating expenses. (5) A list of grantees, total funds awarded to each grantee, and performance statistics to document program outputs and outcomes for all grant programs administered by the Board of State and Community Corrections. This information shall also be provided, to the extent possible, for all funds allocated for the purposes specified in Sections 18220.1 and 18221 of the Welfare and Institutions Code. The information required by this paragraph shall be listed for each of the current and prior two fiscal years, and, to the extent possible, the following fiscal year, beginning in 2013. The Board of State and Community Corrections shall implement this paragraph only to the extent that funds are available. (b) The Director of Finance shall include a special display table in the Governor's Budget under the Board of State and Community Corrections that displays, by fund source, component level detail for all grant programs administered by the Board of State and Community Corrections, including all funds allocated for the purposes of Sections 18220.1 and 18221 of the Welfare and Institutions Code. SEC. 130. Section 6131 of the Penal Code is amended to read: 6131. (a) Upon the completion of any review conducted by the Inspector General, he or she shall prepare a public written report. The public written report shall differ from the complete written report in the respect that the Inspector General shall have the discretion to redact or otherwise protect the names of individuals, specific locations, or other facts that, if not redacted, might hinder prosecution related to the review, or where disclosure of the information is otherwise prohibited by law, and to decline to produce any of the underlying materials. Copies of public written reports shall be posted on the Inspector General's Internet Web site within 10 days of being disclosed to the entities or persons listed in subdivision (b). (b) Upon the completion of any review conducted by the Inspector General, he or she shall prepare a complete written report, which shall be held as confidential and disclosed in confidence, along with all underlying materials the Inspector General deems appropriate, to the Governor, the Secretary of the Department of Corrections and Rehabilitation, and the appropriate law enforcement agency.(c) Upon the completion of any review conducted by the Inspector General, he or she shall also prepare and issue on a quarterly basis a public report that includes all reviews completed in the previous quarter. The public report shall differ from the complete report in the respect that the Inspector General shall have the discretion to redact or otherwise protect the names of individuals, specific locations, or other facts that, if not redacted, might hinder prosecution related to the review, or where disclosure of the information is otherwise prohibited by law, and to decline to produce any of the underlying materials. In a case where allegations were deemed to be unfounded, all applicable identifying information shall be redacted. The public report shall be made available to the public upon request and on a quarterly basis as follows:(1) In those cases where a review is referred only for disciplinary action before the State Personnel Board or for other administrative proceedings, the employing entity shall, within 10 days of receipt of the State Personnel Board's order rendered in other administrative proceedings, provide the Inspector General with a copy of the order. The Inspector General shall attach the order to the public report on his or her Internet Web site and provide copies of the report and order to the Legislature, as well as to any complaining employee and any employee who was the subject of the review.(2) In those cases where the employing entity and the employee against whom disciplinary action has been taken enter into a settlement agreement concerning the disciplinary action, the employing entity shall, within 10 days of the settlement agreement becoming final, notify the Inspector General in writing of that fact and shall describe what disciplinary action, if any, was ultimately imposed on the employee. The Inspector General shall include the settlement information in the public report on his or her Internet Web site and provide copies of the report to the Legislature, as well as to any complaining employee and any employee who was the subject of the review.(3) In those cases where the employing entity declines to pursue disciplinary action against an employee, the employing entity shall, within 10 days of its decision, notify the Inspector General in writing of its decision not to pursue disciplinary action, setting forth the reasons for its decision. The Inspector General shall include the decision and rationale in the public report on his or her Internet Web site and provide copies of the report to the Legislature, as well as to any complaining employee and any employee who was the subject of the review.(4) In those cases where a review has been referred for possible criminal prosecution, and the applicable local law enforcement agency or the Attorney General has decided to commence criminal proceedings against an employee, the report shall be made public at a time deemed appropriate by the Inspector General after consultation with the local law enforcement agency or the Attorney General, but in all cases no later than when discovery has been provided to the defendant in the criminal proceedings. The Inspector General shall thereafter post the public report on his or her Internet Web site and provide copies of the report to the Legislature, as well as to any complaining employee and any employee who was the subject of the review.(5) In those cases where the local law enforcement agency or the Attorney General declines to commence criminal proceedings against an employee, the local law enforcement agency or the Attorney General shall, within 30 days of reaching that decision, notify the Inspector General of that fact. The Inspector General shall include the decision in the public report on his or her Internet Web site and provide copies of the report to the Legislature, as well as to any complaining employee and any employee who was the subject of the review.(6) In those cases where a review has not been referred for disciplinary action, other administrative proceedings, or criminal prosecution, the Inspector General shall include the decision not to refer the matter in the public report on his or her Internet Web site and provide copies of the report to the Legislature, as well as to any complaining employee and any employee who was the subject of the review.SEC. 131. Section 6242.6 of the Penal Code is amended to read: 6242.6. (a) The board shall provide evaluation of the progress, activities, and performance of each center and participating county's progress established pursuant to this chapter and shall report the findings thereon to the Legislature two years after the operational onset of each facility.(b) The board also shall provide to the Joint Legislative Committee on Prison Construction and Operations and to the Joint Legislative Budget Committee, on January 1 of each year beginning 1992, a report on the progress of contracting with counties for centers as provided in this chapter.(c)(b) The board shall select an outside monitoring firm in cooperation with the Auditor General's office, to critique and evaluate the programs and their rates of success based on recidivism rates, drug use, and other factors it deems appropriate. Two years after the programs have begun operations, the report shall be provided to the Joint Legislative Prisons Committee, participating counties, the department, the Department of Alcohol and Drug Programs, the State Department of Health Services, and other sources the board deems of value. Notwithstanding subdivision (k) of Section 6242, one hundred fifty thousand dollars ($150,000) is hereby appropriated from the funds disbursed under this chapter from the 1990 Prison Construction Fund to the Board of Corrections to be used for program evaluation under this subdivision.(d)(c) The department shall be responsible for the ongoing monitoring of contract compliance for state offenders placed in each center. SEC. 132. Section 8061 of the Penal Code is amended to read: 8061. The board, in collaboration with state, local, and community-based departments, agencies, and organizations shall do the following: (a) Describe the parameters of effective community-based punishment programs and the relationship between the state and local jurisdictions in meeting the purposes of this chapter. (b) Develop and implement a process by which local jurisdictions are selected and can participate in pilot efforts initiated under this chapter. (c) Develop and implement the process by which counties participating in accordance with this chapter annually submit their community-based punishment program proposals for approval, modification, or both. (d) Design and implement a process for annually awarding funds to counties participating pursuant to this chapter to implement their community-based punishment program proposals, and administer and monitor the receipt, expenditure, and reporting of those funds by participating counties. (e) Provide technical assistance and support to counties and community correctional administrators in determining whether to participate in community-based punishment programs, and in either developing or annually updating their punishment programs. (f) Facilitate the sharing of information among counties and between county and state agencies relative to community-based punishment approaches and programs being initiated or already in existence, strengths and weaknesses of specific programs, specific offender groups appropriate for different programs, results of program evaluations and other data, and anecdotal material that may assist in addressing the purposes of this chapter. (g) Adopt and periodically revise regulations necessary to implement this chapter. (h) Design and provide for regular and rigorous evaluation of the community-based punishment programming undertaken pursuant to approved community-based punishment plans. (i) Design and provide for analysis and evaluation of the pilot and any subsequent implementation of this chapter, with areas of analysis to include, at a minimum, the following: (1) The relationship between the board and counties or collaborations of counties submitting county community-based punishment plans. (2) The effectiveness of this chapter in encouraging the use of intermediate as well as traditional sanctions. (3) The categories of offenders most suitable for specific intermediate sanctions, various aspects of community-based punishment programming, or both. (4) The effectiveness of the programs implemented pursuant to this chapter in maintaining public safety. (5) The cost-effectiveness of the programs implemented pursuant to this chapter. (6) The effect of the programs implemented pursuant to this chapter on prison, jail, and Department of the Youth Authority populations.(j) On January 1, 1997, and annually thereafter, the board shall, upon request, provide the Legislature with a progress report on the status of the implementation of this chapter.SEC. 133. Section 11501 of the Penal Code is amended to read: 11501. (a) There is hereby established in the California Emergency Management Agency, a program of financial assistance to provide for statewide programs of education, training, and research for local public prosecutors and public defenders. All funds made available to the agency for the purposes of this chapter shall be administered and distributed by the secretary of the agency. (b) The Secretary of Emergency Management is authorized to allocate and award funds to public agencies or private nonprofit organizations for purposes of establishing statewide programs of education, training, and research for public prosecutors and public defenders, which programs meet criteria established pursuant to Section 11502.(c) Annually, the secretary shall submit a report to the Legislature describing the operation and accomplishments of the statewide programs authorized by this title.SEC. 134. Section 13777 of the Penal Code is amended to read: 13777. (a) Except as provided in subdivision (d), the Attorney General shall do each of the following: (1) Collect information relating to anti-reproductive-rights crimes, including, but not limited to, the threatened commission of these crimes and persons suspected of committing these crimes or making these threats.This information shall be published on the Department of Justice Internet Web site in a manner that shall distinguish between crimes of violence, including, but not limited to, violations of subdivisions (a) and (e) of Section 423.2, and nonviolent crimes, including, but not limited to, violations of subdivision (c) of Section 423.2.(2) Direct local law enforcement agencies to provide to the Department of Justice, in a manner that the Attorney General prescribes, any information that may be required relative to anti-reproductive-rights crimes. The report of each crime that violates Section 423.2 shall note the subdivision that prohibits the crime. The report of each crime that violates any other law shall note the code, section, and subdivision that prohibits the crime. The report of any crime that violates both Section 423.2 and any other law shall note both the subdivision of Section 423.2 and the other code, section, and subdivision that prohibits the crime.(3) On or before July 1, 2003, and every July 1 thereafter, publish the information it obtains pursuant to this section on the Department of Justice Internet Web site.(4)(3) Develop a plan to prevent, apprehend, prosecute, and report anti-reproductive-rights crimes, and to carry out the legislative intent expressed in subdivisions (c), (d), (e), and (f) of Section 1 of the act that enacts this title in the 2001-02 Regular Session of the Legislature. (b) In carrying out his or her responsibilities under this section, the Attorney General shall consult the Governor, the Commission on Peace Officer Standards and Training, and other subject matter experts. (c) The Attorney General shall implement this section to the extent the Legislature appropriates funds in the Budget Act or another statute for this purpose. SEC. 135. Section 13820.1 is added to the Penal Code , to read: 13820.1. (a) The California Emergency Management Agency, in consultation with the Director of Finance, shall provide a report to the Joint Legislative Budget Committee by January 10 of each year that provides a list of grantees, total funds awarded to each grantee, and performance statistics to document program outputs and outcomes for each component of all grant programs related to criminal justice or victim services that are administered by the agency. This information shall also be provided, to the extent possible, for each of the following: (1) Funds allocated for the purposes specified in paragraph (1) of subdivision (c) of Section 13821. (2) Funds allocated for the purposes specified in paragraph (2) of subdivision (c) of Section 13821. (3) Funds allocated for the purposes specified in paragraph (3) of subdivision (c) of Section 13821. (4) Funds allocated for the purposes specified in paragraph (4) of subdivision (c) of Section 13821. (5) Funds allocated for the purposes specified in paragraph (5) of subdivision (c) of Section 13821. (6) Funds allocated for the purposes specified in paragraph (6) of subdivision (c) of Section 13821. (b) The Director of Finance shall include a special display table in the Governor's Budget under the California Emergency Management Agency that displays, by fund source, component level detail for all grant programs related to criminal justice or victim services that are administered by the agency. This information shall also be provided, to the extent possible, for each of the following: (1) Funds allocated for the purposes specified in paragraph (1) of subdivision (c) of Section 13821. (2) Funds allocated for the purposes specified in paragraph (2) of subdivision (c) of Section 13821. (3) Funds allocated for the purposes specified in paragraph (3) of subdivision (c) of Section 13821. (4) Funds allocated for the purposes specified in paragraph (4) of subdivision (c) of Section 13821. (5) Funds allocated for the purposes specified in paragraph (5) of subdivision (c) of Section 13821. (6) Funds allocated for the purposes specified in paragraph (6) of subdivision (c) of Section 13821. SEC. 136. Section 13847 of the Penal Code is amended to read: 13847. (a) There is hereby established in the agency a program of financial and technical assistance for local law enforcement, called the Rural Indian Crime Prevention Program. The program shall target the relationship between law enforcement and Native American communities to encourage and to strengthen cooperative efforts and to implement crime suppression and prevention programs. (b) The secretary may allocate and award funds to those local units of government, or combinations thereof, in which a special program is established in law enforcement agencies that meets the criteria set forth in Sections 13847.1 and 13847.2. (c) The allocation and award of funds shall be made upon application executed by the chief law enforcement officer of the applicant unit of government and approved by the legislative body. Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the Rural Indian Crime Prevention Program, be made available to support the suppression and prevention of crime on reservations and rancherias. (d) The secretary shall prepare and issue administrative guidelines and procedures for the Rural Indian Crime Prevention Program consistent with this chapter. (e) The guidelines shall set forth the terms and conditions upon which the agency is prepared to offer grants of funds pursuant to statutory authority. The guidelines do not constitute rules, regulations, orders, or standards of general application.(f) Every three years, commencing on and after January 1, 1991, the secretary shall prepare a report to the Legislature describing in detail the operation of the program and the results obtained from law enforcement rural Indian crime prevention programs receiving funds under this chapter.SEC. 137. Section 10262.5 of the Public Contract Code is amended to read: 10262.5. (a) Notwithstanding any other law, a prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor's interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, then the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any contractor who violates this section shall pay to the subcontractor a penalty of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. (b) This section shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to a contractor or a subcontractor in the event of a dispute involving late payment or nonpayment by a contractor or deficient subcontract performance or nonperformance by a subcontractor.(c) On or before September 1 of each year, the head of each state agency shall submit to the Legislature a report on the number and dollar volume of written complaints received from subcontractors and prime contractors on contracts in excess of three hundred thousand dollars ($300,000), relating to violations of this section.SEC. 138. Section 4124 of the Public Resources Code is amended to read: 4124.Not later than 120 days after the last date of each fiscal quarter, theThe department shall submit an annual report to the Joint Legislative Budget Committee, in accordance with Section 9795 of the Government Code, regarding emergency incidents funded entirely or in part from Item 3540-006-0001 of Section 2.00 of the annual Budget Act, commonly referred to as the "emergency fund," or from a similar provision of any future Budget Act that provides funds for emergency fire suppression and detection costs and related emergency revegetation costs, and for which the department administratively classifies these funds as being expended from the emergency fund. The report shall include all of the following: (a) For each incident that is estimated to cost more than five million dollars ($5,000,000), as adjusted annually by the department to account for inflation using the California Consumer Price Index published by the Department of Industrial Relations, the report shall include all of the following information, to the extent the information is known by the department: (1) The administrative district or districts and the county or counties in which the incident occurred, and whether the incident occurred in a state responsibility area, local responsibility area, federal responsibility area, or some combination of those areas. (2) A general description of the incident and the department's response to the incident. (3) The total estimated cost of the incident, listed by appropriate category, including, but not limited to, overtime, additional staffing, inmate costs, travel, accommodations, air support, and nonstate vendor costs. (4) The estimated costs charged to the emergency fund, listed by appropriate category, including, but not limited to, overtime, additional staffing, inmate costs, travel, accommodations, air support, and nonstate vendor costs. (5) The number of personnel and equipment assigned to the incident, including state resources, federal resources, and local resources. (6) Whether the state's costs to respond to the incident are eligible for reimbursement from the federal government or a local government. (7) Whether the department had performed any fuel reduction, vegetation management, controlled burns, or other fuel treatment in the area of the incident that impacted either the course of the incident or the department's response to the incident. (b) For each incident that is estimated to cost less than five million dollars ($5,000,000), as adjusted annually by the department to account for inflation using the California Consumer Price Index published by the Department of Industrial Relations, the report shall include a list of those incidents, specifying each incident's total estimated cost and total estimated costs charged to the emergency fund. (c) Information on any other costs paid in whole or in part from the emergency fund. SEC. 139. Section 4137 of the Public Resources Code is amended to read: 4137. (a) For purposes of this section, "fire prevention activities" include, but are not limited to, all of the following: (1) Fire prevention education. (2) Hazardous fuel reduction and vegetation management. (3) Fire investigation. (4) Civil cost recovery. (5) Forest and fire law enforcement. (6) Fire prevention engineering. (7) Prefire planning. (8) Risk analysis. (9) Volunteer programs and partnerships. (b) It is the intent of the Legislature that the year-round staffing and the extension of the workweek that has been provided to the department pursuant to memorandums of understanding with the state will result in significant increases in the department's current level of fire prevention activities. It is also the intent of the Legislature that the budgetary augmentations for year-round staffing not reduce the reimbursements that the department receives from contracts with local governments for the department to provide local fire protection and emergency services pursuant to Section 4144, commonly referred to as "Amador agreements."It is also the intent of the Legislature that the department provide an annual Fire Prevention Activities Report to keep the Legislature informed of the efforts undertaken by the department to help mitigate both of the following:(1) Overall fire risks and associated threats to life and safety.(2) State fire protection costs where feasible.(c) On or before January 10 of each year, the department shall provide a report to the Legislature, including the budget and fiscal committees of the Assembly and the Senate, in accordance with Section 9795 of the Government Code, detailing the department's fire prevention activities, including the increased activities described in subdivision (b). The report shall display the fire prevention activities of the previous fiscal year, as well as the information from previous reports for purposes of a comparison of data. The report shall include all of the following: (1) Fire prevention activities performed by the department on lands designated as state responsibility areas, and by counties, where, pursuant to a contract with the department, a county has agreed to provide fire protection services in state responsibility areas within county boundaries on behalf of the department. The fire prevention activities included in the report pursuant to this paragraph shall include, but not be limited to, all of the following: (A) The number of hours of fire prevention education performed. (B) The number of defensible space inspections conducted, including statewide totals and totals for each region. (C) The number of citations issued for noncompliance with Section 4291. (D) The number of acres treated by mechanical fuel reduction. (E) The number of acres treated by prescribed burns. (F) Any other data or qualitative information deemed necessary by the department in order to provide the Legislature with a clear and accurate accounting of fire prevention activities, particularly with regard to variations from one year to the next. (2) The fire prevention performance measures described in subparagraphs (A) to (F), inclusive, of paragraph (1) shall be reported for each region annually, including activities performed from December 15 to April 15, inclusive. (3) Projected fire prevention activities for the following fiscal year. (4) Information on each of the "Amador contracts" described in subdivision (b), including an annual update on the number of those contracts and reimbursements received from the contracts that are in effect. SEC. 140. Section 4214 of the Public Resources Code is amended to read: 4214. (a) Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows: (1) The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee. (2) The moneys collected, other than that retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the moneys of structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas. (b) (1) The fund may also be used to cover the costs of administering this chapter. (2) The fund shall cover all startup costs incurred over a period not to exceed two years. (c) It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter. (d) Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter: (1) Local assistance grants pursuant to subdivision (e). (2) Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas. (3) Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria. (4) Inspections by the department for compliance with defensible space requirements around structures in state responsibility areas as required by Section 4291. (5) Public education to reduce fire risk in the state responsibility areas. (6) Fire severity and fire hazard mapping by the department in the state responsibility areas. (7) Other fire prevention projects in the state responsibility areas, authorized by the board. (e) (1) The board shall establish a local assistance grant program for fire prevention activities designed to benefit structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions. (2) In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program. (f) By January 1, 2013, and annually thereafter, the board shall submit to the Legislature a written report on the status and uses of the fund pursuant to this chapter. The board shall work colloratively with the Department of Forestry and Fire Protection in preparing the written report pursuant to this subdivision. The written report shall also include an evaluation of the benefits received by counties based on the number of structures in state responsibility areas within their jurisdictions, the effectiveness of the board's grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, measures to increase compliance, if any, and any recommendations to the Legislature. (g) (1) The requirement for submitting a report imposed under subdivision (f) is inoperative on January 1, 2017, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code. (h) It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the provisions of the Public Contract Code or any other provision of law related to public contracting shall not apply. SEC. 141. Section 4612 of the Public Resources Code is repealed.4612. The director shall report to the board and the Legislature by January 15 of each year on the enforcement of, and the amount of penalties and fines imposed and collected pursuant to, this article, including, but not limited to, those penalties and fines imposed and collected pursuant to Sections 4601, 4601.1, and 4601.5. The report shall specifically identify the location and ownership of all properties where persons were cited for violations requiring corrective action by the department pursuant to Section 4607, the nature and cost of the corrective actions, and whether all related expenses incurred by the state have been reimbursed by the responsible party.SEC. 142. Section 5004.5 of the Public Resources Code is amended to read: 5004.5. (a) The California Youth Soccer and Recreation Development Program is hereby created in the department. The department shall administer the program, which is intended to provide assistance to local agencies and community-based organizations with regard to funding, and fostering the development of, new youth soccer, baseball, softball, and basketball recreation opportunities in the state.(b) After all grants authorized under this program have been awarded, the department shall report to the Budget Committee of the Assembly and the Budget and Fiscal Review Committee of the Senate on the number of grant applications received, the total amount of funds sought by applicants, and the number of eligible applications that were not funded.(c)(b) The California Youth Soccer and Recreation Development Fund is hereby created in the State Treasury, to be used as a repository of funds derived from federal, state, and private sources to be used for the program.(d)(c) The department shall award grants, on a competitive basis, to local agencies and community-based organizations for the purposes of the program, subject to an appropriation therefor. The department shall also develop eligibility guidelines for the award of grants that give preference to those communities that provide matching funds for grants, and that are heavily populated, low-income urban areas with a high youth crime and unemployment rate. The guidelines shall also require that preference be given to those inner city properties that may be leased for periods of at least five years or more for recreational purposes. The department shall conduct public hearings throughout the state prior to final adoption of eligibility guidelines.(e)(d) Any regulation, guideline, or procedural guide adopted or developed pursuant to this section is not subject to the review or approval of the Office of Administrative Law or to any other requirement of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(f)(e) For purposes of this section, the following terms have the following meanings: (1) "Community-based organization" means an organization that enters into a cooperative agreement with the department pursuant to Section 513, a nonprofit group or organization, or a friends of parks group or organization of a city, county, city and county, and regional park. All community-based organizations shall have a current tax-exempt status as a nonprofit organization under Section 501(c) (3) of the federal Internal Revenue Code. (2) "Local agency" means a city, county, city and county, park and recreation district, open-space district, or school district.(g)(f) This section shall be implemented only upon appropriation of sufficient funds to the department for that purpose.(h)(g) All funds received by the department pursuant to this section shall be encumbered within three years of the date of the appropriation and expended within eight years from the date of the appropriation.(i)(h) Nothing in this section is intended to prohibit community-based organizations from acting in partnership with organizations that do not have tax-exempt status as a nonprofit organization under Section 501(c)(3) of the federal Internal Revenue Code. SEC. 143. Section 5095.53 of the Public Resources Code is amended to read: 5095.53. The plan shall include a specific timeline for implementation.By January 1, 2009, the department shall report to the Legislature on the plan and timeline for implementation of the plan.SEC. 144. Section 5096.162 of the Public Resources Code is amended to read: 5096.162. (a) Any Member of the Legislature, the State Park and Recreation Commission, the California Coastal Commission, or the Secretary of the Resources Agency may nominate any project to be funded under this article for study by the Department of Parks and Recreation. Any of the commissions shall make nominations by vote of its membership. (b) The Department of Parks and Recreation shall study any project so nominated.In addition to the procedures required by Section 5006, the Department of Parks and Recreation shall submit to the Legislature annually a report consisting of a prioritized listing and comparative evaluation of all projects nominated for study, in accordance with the following schedule:(1) March 1, 1981, for projects nominated prior to January 15, 1981.(2) November 1, 1981, for projects nominated prior to June 30, 1981, and after January 15, 1981.(3) November 1, 1982, and each November 1 thereafter for projects nominated during the 12 months ending June 30, 1982, and each June 30 thereafter.(c) Projects proposed for appropriation for the state park system pursuant to subdivision (b) of Section 5096.151 shall be subject to the favorable recommendation of the State Park and Recreation Commission. Projects recommended by the commission shall be forwarded to the Director of Finance for inclusion in the Budget Bill. SEC. 145. Section 5096.242 of the Public Resources Code is amended to read: 5096.242. (a) Any Member of the Legislature, the State Park and Recreation Commission, the California Coastal Commission, or the Secretary of the Resources Agency may nominate any project to be funded under this article for study by the Department of Parks and Recreation. The State Park and Recreation Commission shall nominate projects after holding at least one public hearing to seek project proposals from individuals, citizen groups, the Department of Parks and Recreation, and other public agencies. Any of the commissions shall make nominations by vote of its membership. (b) The Department of Parks and Recreation shall study any project so nominated.In addition to the procedures required by Section 5006, the Department of Parks and Recreation shall submit to the Legislature and to the Secretary of the Resources Agency annually a report consisting of a prioritized listing and comparative evaluation of all projects nominated for study, in accordance with the following schedule:(1) March 1, 1985, for projects nominated prior to January 1, 1985.(2) November 1, 1985, for projects nominated prior to June 30, 1985, and after January 1, 1985.(3) November 1, 1986, and each November 1 thereafter for projects nominated during the 12 months ending June 30, 1986, and each June 30 thereafter.(c) Nominated projects shall be approved by the Secretary of the Resources Agency and forwarded by the secretary to the Director of Finance for inclusion in the Budget Bill. SEC. 146. Section 5096.320 of the Public Resources Code is amended to read: 5096.320. The Legislature hereby recognizes that public financial resources are inadequate to meet all capital outlay needs of the state park system and that the need for the acquisition, development, restoration, rehabilitation, improvement, and protection of state park system lands and facilities has increased to the point that their continued well-being and the realization of their full public benefit is in jeopardy.(a) The department shall annually submit to the Legislature and to the secretary a report, consisting of a prioritized listing and comparative evaluation of needs.(b) ProjectsProjects approved by the secretary shall be forwarded by the secretary to the Director of Finance for inclusion in the Budget Bill. SEC. 147. Section 5096.340 of the Public Resources Code is amended to read: 5096.340. (a) Not less than 11 percent of the funds authorized in paragraph (1) of subdivision ( l ) of Section 5096.310 shall be available as grants on a competitive basis to cities, counties, and nonprofit organizations for the development or rehabilitation of real property consisting of urban recreational and cultural centers, museums, and facilities for wildlife education or environmental education. (b) To be eligible for funding, a project shall initially be nominated by a Member of the Legislature for study by the department.The department shall study each project so nominated and, prior to the April 1 preceding the fiscal year in which funds are proposed to be appropriated, shall submit to the Legislature a prioritized listing and comparative evaluation of all projects nominated prior to the preceding July 1.(c) In establishing priorities of projects, the department shall consider any favorable project characteristics, including, but not limited to, all of the following: (1) The project will interpret one or more important California historical, cultural, economic, or resource themes or an important historical, cultural, economic, technological, or resource theme in a major region of California. Higher priority shall be assigned to projects whose themes are not interpreted in any existing museum or have demonstrable deficiencies in their presentation in an existing museum. (2) The project is proposed to be operated on lands that are already in public ownership or on lands that will be acquired and used for the project in conjunction with adjoining public lands. (3) Projects that are closely related geographically to the resources, activity, structure, place, or collection of objects to be interpreted, and are close to population centers and access routes. (4) Projects that are in, or close to, population centers or are adjacent to, or readily served by, a state highway or other mode of public transportation. (5) Projects for which there are commitments, or the serious likelihood of commitments, of funds or the donation of land or other property suitable for the project. (d) The department shall annually forward a list of the highest priority projects to the Department of Finance for inclusion in the Budget Bill. (e) An application for a grant for a cooperative museum project shall be submitted jointly by the city, county, or other public agency, an institute of higher learning, or a nonprofit organization that cooperatively is operating, or will operate, the project. SEC. 148. Section 5631 of the Public Resources Code is amended to read: 5631. The department, in cooperation with the federal government, local public agencies, and appropriate representatives of industry, shall, from time to time as needed but no less frequently than once every five years, coordinate and conduct a statewide needs analysis in relation to the purposes of this chapter. That analysis shall include a full review of the grant program authorized pursuant to this chapter.The department shall report its findings and recommendations from any analysis, including recommendations as to funding levels and sources in connection with the grant program, to the Legislature. The department may recommend specific legislative changes to the program.SEC. 149. Section 5632 of the Public Resources Code is repealed.5632. The director shall, on or before January 1, 1978, and January 1 of each year thereafter, submit a report to the Legislature on all grants made pursuant to this chapter.SEC. 150. Section 6217.8 of the Public Resources Code is amended to read: 6217.8. (a) For purposes of this section, "fund" means the Oil Trust Fund established pursuant to subdivision (b). (b) The Oil Trust Fund is hereby established in the State Treasury, and the moneys in the fund are hereby appropriated to the commission in accordance with this section. (c) (1) On or before March 1, 2006, the City of Long Beach shall pay to the State Lands Commission all money, including both principal and interest, in the abandonment reserve fund that the city created in 1999 and that was the subject of the litigation in State of California ex rel. California State Lands Commission v. City of Long Beach (2005) 125 Cal.App.4th 767. (2) The Controller shall deposit in the fund any funds paid to the commission pursuant to paragraph (1). (3) Except as provided in paragraph (4), on the last day of each month beginning July 31, 2006, the Controller shall transfer to the fund the amount of two million dollars ($2,000,000) or 50 percent of remaining oil revenue, as described in subdivision (d) of Section 4 of Chapter 138 of the Statutes of 1964, First Extraordinary Session to the Oil Trust Fund, whichever is less. (4) Beginning July 1, 2005, and ending December 31, 2005, any contributions to the fund shall be suspended, except those funds described in paragraphs (1) and (2). During that period the Controller shall transfer four million dollars ($4,000,000) monthly to the General Fund from oil revenues, as described in subdivision (d) of Section 4 of Chapter 138 of the Statutes of 1964, First Extraordinary Session. (5) Beginning January 1, 2006, and ending June 30, 2006, the amount contributed to the fund shall be the amount specified in paragraph (3). During that period the Controller shall also transfer two million dollars ($2,000,000) monthly to the General Fund from oil revenues, as described in subdivision (d) of Section 4 of Chapter 138 of the Statutes of 1964, First Extraordinary Session. (d) (1) The total amount deposited in the fund shall not exceed three hundred million dollars ($300,000,000). From the date the balance in the fund totals three hundred million dollars ($300,000,000), all interest earned thereafter shall be transferred to the General Fund. (2) All interest earned on the money in the abandonment reserve fund specified in paragraph (1) of subdivision (c) shall be transferred to the fund. (3) The commission shall expend the money from the fund solely to finance the costs of well abandonment, pipeline removal, facility removal, remediation, and other costs associated with removal of oil and gas facilities from the Long Beach tidelands that are not the responsibility of other parties. (4) All money remaining in the fund after completion of all activities described in subdivision (3) shall be transferred to the General Fund. (e) The moneys deposited in the fund are hereby appropriated to the commission commencing when all of the following conditions are met: (1) The City of Long Beach adopts a resolution declaring that the oil revenue described in subdivision (d) of Section 4 of Chapter 138 of the Statutes of 1964, First Extraordinary Session, is insufficient to fund the costs of activities described in paragraph (3) of subdivision (d) of this section. (2) The City of Long Beach transmits to the commission a copy of the resolution and all necessary accompanying documentation, including a plan for expenditures for the activities described in paragraph (3) of subdivision (d). (3) The commission reviews the material provided in paragraph (2) and notifies the Controller within 60 calendar days of receiving the material specified in paragraph (2), that expenditure from the fund may be made so that activities described in paragraph (3) of subdivision (d) can begin. The commission shall provide a schedule for expenditures for disbursement of moneys from the fund to the City of Long Beach. The commission shall submit a copy of the schedule to the Department of Finance and to the fiscal and appropriate policy committees of the Legislature.(f) On or before January 1, 2007, the commission shall report to the Director of Finance and the chairpersons of the appropriate legislative committees on both the following:(1) A forecast of when the tidelands oil fields will be abandoned and require environmental mitigation.(2) An estimate of the likely costs to mitigate the effects of extraction in the tidelands oil fields.SEC. 151. Section 6331.5 of the Public Resources Code is amended to read: 6331.5. The commission shall make an inventory to ascertain and describe by metes and bounds the location and extent of all ungranted tidelands. The commission shall, in a local agency where the ungranted tideland boundary is described by metes and bounds, acquire and evaluate the existing boundary description to determine whether or not additional surveys should be conducted. When available, the local agency shall provide copies of the descriptions, together with all materials supporting the descriptions, including field notes and other basic data, to the commission at no cost, other than the reproduction cost, to the state. No appropriation is made by the act adding this section, nor is an obligation created thereby, for the reimbursement of a local agency for costs, other than reproduction costs, that may be incurred by it in carrying on a program or performing a service required to be carried on or performed by it by this section. Reimbursements for reproduction expenditures shall be made by the commission from appropriations to the commission for the preparation of the inventory. The commission shall evaluate each survey and shall adopt boundary descriptions already in common use where these metes and bounds descriptions approximate the existing line of ordinary high water where it is in a state of nature, or where the descriptions approximate the last position occupied in a state of nature by the line of ordinary high water in areas where the existing shoreline has ceased to be in a state of nature, and where sound engineering practices were used to conduct the survey. If metes and bounds descriptions of tideland boundaries are not available, or if the surveys do not describe the tideland boundary in a state of nature as hereinbefore defined, or if unsound engineering practices were used to describe a tideland boundary, the commission may conduct its own survey. Unless otherwise provided by law, prior to undertaking a survey on ungranted tidelands, the commission shall prepare an inventory of those ungranted tidelands that will require a commission surveyand shall submit a report of its findings to the Legislature. The report shall contain a geographic identification of the ungranted tidelands that will require a survey, a plan establishing priorities for the orderly conduct of the needed surveys, and an estimate of the cost needed to complete the surveys. SEC. 152. Section 12290 of the Public Resources Code is repealed.12290. Commencing on January 1, 2009, and each January 1 thereafter, the department shall report to the Governor and the Legislature on its implementation of this division during the preceding calendar year. The report shall include, but not be limited to, information concerning applications made pursuant to this division, participating landowners, easement holders under Section 12244, and a description of all easements purchased.SEC. 153. Section 12291 of the Public Resources Code is repealed.12291. The department shall make available to the public on its Internet Web site a list of conservation easements acquired through the program. The list shall include information specified in paragraphs (2) to (6), inclusive, of subdivision (c) of Section 5096.520. The list shall be updated biennially.SEC. 154. Section 25401.9 of the Public Resources Code is amended to read: 25401.9. (a) To the extent that funds are available, the commission, in consultation with the Department of Water Resources, shall adopt by regulation, after holding one or more public hearings, performance standards and labeling requirements for landscape irrigation equipment, including, but not limited to, irrigation controllers, moisture sensors, emission devices, and valves, for the purpose of reducing the wasteful, uneconomic, inefficient, or unnecessary consumption of energy or water. (b) For the purposes of complying with subdivision (a), the commission shall doallboth of the following: (1) Adopt performance standards and labeling requirements for landscape irrigation controllers and moisture sensors on or before January 1, 2010. (2) Consider the Irrigation Association's Smart Water Application Technology Program testing protocols when adopting performance standards for landscape irrigation equipment, including, but not limited to, irrigation controllers, moisture sensors, emission devices, and valves.(3) Prepare and submit a report to the Legislature, on or before January 1, 2010, that sets forth on a proposed schedule for adopting performance standards and labeling requirements for emission devices and valves.(c) On and after January 1, 2012, an irrigation controller or moisture sensor for landscape irrigation uses may not be sold or installed in the state unless the controller or sensor meets the performance standards and labeling requirements established pursuant to this section. SEC. 155. Section 25722.5 of the Public Resources Code is amended to read: 25722.5. (a) In order to achieve the policy objectives set forth in Sections 25000.5 and 25722, the Department of General Services, in consultation with the commission and the State Air Resources Board, shall develop and adopt specifications and standards for all passenger cars and light-duty trucks that are purchased or leased on behalf of, or by, state offices, agencies, and departments. An authorized emergency vehicle, as defined in Section 165 of the Vehicle Code, that is equipped with emergency lamps or lights described in Section 25252 of the Vehicle Code is exempt from the requirements of this section. The specifications and standards shall include the following: (1) Minimum air pollution emission specifications that meet or exceed California's Ultra-Low Emission Vehicle II (ULEV II) standards for exhaust emissions (13 Cal. Code Regs. 1961). These specifications shall apply on January 1, 2006, for passenger cars and on January 1, 2010, for light-duty trucks. (2) Notwithstanding any other provision of law, the utilization of procurement policies that enable the Department of General Services to do all of the following: (A) Evaluate and score emissions, fuel costs, and fuel economy in addition to capital cost to enable the Department of General Services to choose the vehicle with the lowest life-cycle cost when awarding a state vehicle procurement contract. (B) Maximize the purchase or lease of hybrid or "Best in Class" vehicles that are substantially more fuel efficient than the class average. (C) Maximize the purchase or lease of available vehicles that meet or exceed California's Super Ultra-Low Emission Vehicle (SULEV) passenger car standards for exhaust emissions. (D) Maximize the purchase or lease of alternative fuel vehicles. (3) In order to discourage the unnecessary purchase or leasing of a sport utility vehicle and a four-wheel drive truck, a requirement that each state office, agency, or department seeking to purchase or lease that vehicle, demonstrate to the satisfaction of the Director of General Services or to the entity that purchases or leases vehicles for that office, agency, or department, that the vehicle is required to perform an essential function of the office, agency, or department. If it is so demonstrated, priority consideration shall be given to the purchase or lease of an alternative fuel or hybrid sports utility vehicle or four-wheel drive vehicle. (b) The specifications and standards developed and adopted pursuant to subdivision (a) do not apply upon the development and implementation of the method, criteria, and procedure described in Section 25722.6. (c) Each state office, agency, and department shall review its vehicle fleet and, upon finding that it is fiscally prudent, cost effective, or otherwise in the public interest to do so, shall dispose of nonessential sport utility vehicles and four-wheel drive trucks in its fleet and replace these vehicles with more fuel-efficient passenger cars and trucks. (d) To the maximum extent practicable, each state office, agency, and department that has bifuel natural gas, bifuel propane, and flex fuel vehicles in its vehicle fleet shall use the respective alternative fuel in those vehicles. (e) The Director of General Services shall compile annually and maintain information on the nature of vehicles that are owned or leased by the state, including, but not limited to, all of the following: (1) The number of passenger-type motor vehicles purchased or leased during the year, and the number owned or leased as of December 31 of each year. (2) The number of sport utility vehicles and four-wheel drive trucks purchased or leased by the state during the year, and the number owned or leased as of December 31 of each year. (3) The number of alternatively fueled vehicles and hybrid vehicles purchased or leased by the state during the year, and the total number owned or leased as of December 31 of each year and their location. (4) The locations of the alternative fuel pumps available for those vehicles. (5) The justification provided for all sport utility vehicles and four-wheel drive trucks purchased or leased by the state and the specific office, department, or agency responsible for the purchase or lease. (6) The number of sport utility vehicles and four-wheel drive trucks purchased or leased by the state during the year, and the number owned or leased as of December 31 of each year that are alternative fuel or hybrid vehicles. (7) The number of light-duty trucks disposed of under subdivision (c). (8) The total dollars spent by the state on passenger-type vehicle purchases and leases, categorized by sport utility vehicle and nonsport utility vehicle, and within each of those categories, by alternative fuel, hybrid and other. (9) The total annual consumption of gasoline and diesel fuel used by the state fleet. (10) The total annual consumption of alternative fuels. (11) On December 31, 2009, and annually thereafter, the Director of General Services shall also compile the total annual vehicle miles traveled by vehicles in the state fleet. (f) Each state office, agency, and department shall cooperate with the Department of General Services' data requests in order that the department may compile and maintain the information required in subdivision (e). (g) As soon as practicable, but no later than 12 months after receiving the data, the information compiled and maintained under subdivision (e) and a list of those state offices, agencies, and departments that are not in compliance with subdivision (f) shall be made available to the public on the Department of General Services' Internet Web site. (h) Beginning July 1, 2009, and every three years thereafter, the Director of General Services shall prepare a reportto the Legislature and the Governoron the information compiled and maintained pursuant to subdivision (e). The Director of General Service shall post that report on its Internet Web site. (i) Pursuant to Article IX of the California Constitution, this section shall not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make this section applicable. SEC. 156. Section 25722.8 of the Public Resources Code is amended to read: 25722.8. (a) On or before July 1, 2009, the Secretary of State and Consumer Services, in consultation with the Department of General Services and other appropriate state agencies that maintain or purchase vehicles for the state fleet, including the campuses of the California State University, shall develop and implement, and submit to the Legislature and the Governor, a plan to improve the overall state fleet's use of alternative fuels, synthetic lubricants, and fuel-efficient vehicles by reducing or displacing the consumption of petroleum products by the state fleet when compared to the 2003 consumption level based on the following schedule: (1) By January 1, 2012, a 10-percent reduction or displacement. (2) By January 1, 2020, a 20-percent reduction or displacement. (b) Beginning April 1, 2010, and annually thereafter, the Department of General Services shallprovide to the Department of Finance and the appropriate legislative committees of the Legislatureprepare a progress report on meeting the goals specified in subdivision (a). The Department of General Services shallalso makepost the progress report available on its Internet Web site. SEC. 157. Section 29773.5 of the Public Resources Code is repealed.29773.5. On or before July 1, 2010, the commission shall prepare and submit to the Legislature recommendations regarding the potential expansion of or change to the primary zone or the Delta. The commission shall consider recommendations on the status of all of the following areas: (a) Rio Vista. (b) Isleton. (c) Bethel Island. (d) Brannan-Andrus Island. (e) Cosumnes/Mokelumne floodway. (f) The San Joaquin/South Delta lowlands.SEC. 158. Section 30404 of the Public Resources Code is amended to read: 30404. (a) ThecommissionNatural Resources Agency shall periodically, in the case of the State Energy Resources Conservation and Development Commission, the State Board of Forestry and Fire Protection, the State Water Resources Control Board and the California regional water quality control boards, the State Air Resources Board and air pollution control districts and air quality management districts, the Department of Fish and Game, the Department of Parks and Recreation, the Department of Boating and Waterways, the California Geological Survey and the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation, and the State Lands Commission, and may, with respect to any other state agency, submit recommendations designed to encourage the state agency to carry out its functions in a manner consistent with this division. The recommendations may include proposed changes in administrative regulations, rules, and statutes.(b) Each of those state agencies shall review and consider the commission recommendations and shall, within six months from the date of their receipt, to the extent that the recommendations have not been implemented, report to the Governor and the Legislature its action and reasons therefor. The report shall also include the state agency's comments on any legislation that may have been proposed by the commission.(b) This section shall remain in effect only until July 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2013, deletes or extends that date. SEC. 159. Section 30404 is added to the Public Resources Code , to read: 30404. (a) The Natural Resources Agency shall periodically, in the case of the State Energy Resources Conservation and Development Commission, the State Board of Forestry and Fire Protection, the State Water Resources Control Board and the California regional water quality control boards, the State Air Resources Board and air pollution control districts and air quality management districts, the Department of Fish and Game, the Department of Parks and Recreation, the California Geological Survey and the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation, and the State Lands Commission, and may, with respect to any other state agency, submit recommendations designed to encourage the state agency to carry out its functions in a manner consistent with this division. The recommendations may include proposed changes in administrative regulations, rules, and statutes. (b) This section shall become operative on July 1, 2013. SEC. 160. Section 30533 of the Public Resources Code is repealed.30533. (a) On or before January 1 of each year, the commission and the State Coastal Conservancy shall report to the Governor and the Legislature the progress made in implementing the public coastal access program established by this article. The report shall include progress in facilitating the acceptance of outstanding offers to dedicate and shall identify new offers to dedicate recorded in the previous fiscal year. For each offer to dedicate accepted or recorded in the previous calendar year, the report shall include all of the following information: (1) Type of offer to dedicate. (2) Location of property. (3) Expiration date of offer. (4) Name of entity that accepted the offer to dedicate. (b) It is the intent of the Legislature that the commission, the State Coastal Conservancy, and all other appropriate public agencies proceed with all deliberate speed to implement the provisions of this article prior to the deadlines established in this article.SEC. 161. Section 32556 of the Public Resources Code is amended to read: 32556. (a) The board shall consist of 13 voting members and seven nonvoting members. (b) The 13 voting members of the board shall consist of the following: (1) The Secretary of the Resources Agency, or his or her designee. (2) The Director of Parks and Recreation, or his or her designee. (3) The Director of Finance, or his or her designee. (4) The Director of the Los Angeles County Department of Parks, or his or her designee. (5) The member of the Los Angeles County Board of Supervisors within whose district the majority of the Baldwin Hills area is located. (6) Six members of the public appointed by the Governor who are residents of Los Angeles County and who represent the diversity of the community surrounding the Baldwin Hills area. Of those six members, four members shall be selected as follows: (A) One member shall be a resident of Culver City selected from a list of three persons nominated by the city council. (B) Three members shall be residents of the adjacent communities of Blair Hills, Ladera Heights, Baldwin Hills, Windsor Hills, Inglewood, View Park, or Baldwin Vista. (7) A resident of Los Angeles County appointed by the Speaker of the Assembly, and a resident of Los Angeles County appointed by the Senate Committee on Rules. (c) The seven nonvoting members shall consist of the following: (1) The Secretary of the California Environmental Protection Agency, or his or her designee. (2) The Executive Officer of the State Coastal Conservancy, or his or her designee. (3) The Executive Officer of the State Lands Commission, or his or her designee. (4) An appointee of the Governor with experience in developing contaminated sites, commonly referred to as "brownfields." (5) The Executive Director of the Santa Monica Mountains Conservancy, or his or her designee. (6) The Director of the Culver City Human Services Department, or his or her designee. (7) The Director of the Department of Conservation, or his or her designee. (d) A quorum shall consist of seven voting members of the board, and any action of the board affecting any matter before the board shall be decided by a majority vote of the voting members present, a quorum being present. However, the affirmative vote of at least four of the voting members of the board shall be required for the transaction of any business of the board. (e) The board shall doallboth of the following: (1) Study the potential environmental and recreational uses of Ballona Creek and the adjacent property described in subdivision (a) of Section 32553. (2) Develop a proposed map for that area.(3) Provide a report to the Legislature, on or before January 1, 2003, on the results of paragraphs (1) and (2).SEC. 162. Section 32556.2 of the Public Resources Code is repealed.32556.2. Notwithstanding paragraph (3) of subdivision (e) of Section 32556, as amended by Section 3 of Chapter 3 of the Statutes of 2002, the report required under that paragraph shall be provided to the Legislature on or before January 1, 2004.SEC. 163. Section 41821.5 of the Public Resources Code is amended to read: 41821.5. (a) Disposal facility operators shall submit to counties information from periodic tracking surveys on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility. (b) Recycling and composting facilities shall submit periodic information to counties on the types and quantities of materials that are disposed of, sold to end users, or that are sold to exporters or transporters for sale outside of the state, by county of origin. When materials are sold or transferred by one recycling or composting facility to another, for other than an end use of the material or for export, the seller or transferror of the material shall inform the buyer or transferee of the county of origin of the materials. The reporting requirements of this subdivision do not apply to entities that sell the byproducts of a manufacturing process. (c) Each county shall submit periodic reports to the cities within the county, to any regional agency of which it is a member agency, and to the board, on the amounts of solid waste disposed by jurisdiction or region of origin, as specified in subdivision (a), and on the categories and amounts of solid waste diverted to recycling and composting facilities within the county or region, as specified in subdivision (b). (d) The board may adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to perform the periodic tracking surveys required by this section, and that provide a representative accounting of solid wastes that are handled, processed, or disposed. Those regulations or periodic tracking surveys approved by the board shall not impose an unreasonable burden on waste handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste.(e) On or before January 1, 2002, the board shall submit a report to the Legislature that evaluates the implementation of this section. The report shall include, but not be limited to, all of the following:(1) An evaluation of the accuracy of the disposal reporting system under differing circumstances.(2) The status of implementation of the disposal reporting system at the local level by waste haulers, landfills, transfer station and material recovery operators, and local agencies.(3) The need for modification of the disposal reporting system to improve accuracy.(4) Recommendations for regulatory and statutory changes needed to address deficiencies in the disposal reporting system.(5) Recommendations to improve implementation and to streamline the reporting system, including ways to assist agencies to meet the reporting and tracking requirements.(f) The board shall convene a working group composed of representatives of stakeholder groups, including, but not limited to, cities, counties, regional agencies, the solid waste industry, recyclers, and environmental organizations, to assist the board in preparing the report required pursuant to subdivision (e).SEC. 164. Section 42889.3 of the Public Resources Code is repealed.42889.3. On or before January 1 of each year, the Department of Transportation shall report to the Legislature and the board on the use of waste tires in transportation and civil engineering projects during the previous five years, including, but not limited to, the approximate number of waste tires used every year, and the types and location of these projects.SEC. 165. Section 47123 of the Public Resources Code is repealed.47123. Notwithstanding Section 7550.5 of the Government Code, no later than December 1, 2010, the board shall report to the Legislature. The report shall include an evaluation of the model programs for efficacy, safety, statewide accessibility, and cost effectiveness. The report shall include the consideration of the incidence of diversion of drugs for unlawful sale and use, if any. The report also shall provide recommendations for the potential implementation of a statewide program and statutory changes.SEC. 166. Section 5096.829 of the Public Resources Code is repealed.5096.829. (a) The department shall, beginning November 1, 2007, and quarterly thereafter until funds authorized by this chapter are liquidated, prepare and submit to the Joint Legislative Budget Committee a report that includes information relating to funds expended by the department during the time period pursuant to Section 5096.821. This report shall include all of the following: (1) The project name. (2) The physical location of the project, including the county or counties where the project is located. (3) A description of the project and the scope of the work to be performed. (4) The date of approval of the project, or the date a contract was let for the project work. (5) The estimated cost of the project at the time of project approval. (6) The actual cost of the project, to date. (7) An estimated project schedule. (8) An explanation of any increased project costs over the initial estimate, including changes in conditions or scope of the project. (b) For the report due on November 1, 2008, and each November 1 thereafter, the report shall include all of the following: (1) The report requirements set forth in subdivision (a). (2) Identification of the actual amount of funds appropriated in the previous fiscal year to implement provisions of Section 5096.821. (3) Identification of the actual amount of funds expended in the previous fiscal year pursuant to the appropriations specified in paragraph (2). (c) Each project shall continue to be listed in the report for one quarter after all project costs are paid. (d) (1) It is the intent of the Legislature that the Department of Water Resources seek all applicable federal funding for flood control projects. (2) It is the intent of the Legislature that the department notify the federal government when the state pays the costs associated with the federal cost-share of levee repair and improvement projects, with the intent that those costs may be recouped from the federal government in the future.SEC. 167. Section 71211 of the Public Resources Code is amended to read: 71211. (a) (1) The Department of Fish and Game, in consultation with the commission and the United States Coast Guard, shall collect data necessary to establish and maintain an inventory of the location and geographic range of nonindigenous species populations in the coastal and estuarine waters of the state that includes open coastal waters and bays and estuaries. In particular, data shall be collected that does both of the following: (A) Supplements the existing baseline of nonindigenous species previously developed pursuant to this section, by adding data from investigations of intertidal and nearshore subtidal habitats along the open coast. (B) Monitors the coastal and estuarine waters of the state, including, but not limited to, habitats along the open coast, for new introductions of nonindigenous species or spread of existing nonindigenous species populations. (2) Whenever possible, the study shall utilize appropriate, existing data, including data from previous studies made pursuant to this section. The Department of Fish and Game shall make the inventory and accompanying analysis available to the public through the Internet on or before January 1, 2007, and annually shall provide to the public an update of that inventory. (b) (1) The Department of Fish and Game, in consultation with the commission and the United States Coast Guard, shall assess the effectiveness of the ballast water controls implemented pursuant to this division by comparing the status and establishment of nonindigenous species populations, as determined from the data collected pursuant to subdivision (a), with the baseline data collected pursuant to this division and submitted in a report to the Legislature in 2003. (2) Whenever possible, this research shall utilize appropriate, existing data.(3) The Department of Fish and Game shall submit a report presenting its assessment to the Legislature and the public on or before January 1, 2009, and every three years thereafter.(c) Information generated by the research conducted pursuant to this section shall be of the type and in a format useful for subsequent studies and reports undertaken for any of the following purposes: (1) The determination of alternative discharge zones. (2) The identification of environmentally sensitive areas to be avoided for uptake or discharge of ballast water. (3) The long-term effectiveness of discharge control measures. (4) The determination of potential risk zones where uptake or discharge of ballast water shall be prohibited. (5) The rate and risk of establishment of nonindigenous species in the coastal waters of the state, and resulting impacts. SEC. 168. Section 9502 of the Public Utilities Code is repealed.9502. On or before December 1, 1994, and on a biennial basis thereafter, each publicly owned electric and gas utility shall submit a report to the State Energy Resources Conservation and Development Commission describing the status of their low-income weatherization programs required by Sections 9500 and 9501. Thereafter, as part of the biennial conservation report prepared pursuant to Section 25401.1 of the Public Resources Code, the commission shall report to the Legislature summarizing publicly owned utility efforts to comply with Sections 9500 and 9501.SEC. 169. Section 185032 of the Public Utilities Code is amended to read: 185032.(a)(1)Upon an appropriation in the Budget Act for that purpose, the authority shall prepare a plan for the construction and operation of a high-speed train network for the state, consistent with and continuing the work of the Intercity High-Speed Rail Commission conducted prior to January 1, 1997. The plan shall include an appropriate network of conventional intercity passenger rail service and shall be coordinated with existing and planned commuter and urban rail systems.(2)(a) The authorization and responsibility for planning, construction, and operation of high-speed passenger train service at speeds exceeding 125 miles per hour in this state is exclusively granted to the authority.(3)(b) Except as provided in paragraph (2), nothing in this subdivision precludes other local, regional, or state agencies from exercising powers provided by law with regard to planning or operating, or both, passenger rail service.(b) The plan, upon completion, shall be submitted to the Legislature and the Governor for approval by the enactment of a statute.SEC. 170. Section 8352.4 of the Revenue and Taxation Code is amended to read: 8352.4. (a) Subject to Sections 8352 and 8352.1, and except as otherwise provided in subdivision (b), there shall be transferred from the money deposited to the credit of the Motor Vehicle Fuel Account to the Harbors and Watercraft Revolving Fund, for expenditure in accordance with Division 1 (commencing with Section 30) of the Harbors and Navigation Code, the sum of six million six hundred thousand dollars ($6,600,000) per annum, representing the amount of money in the Motor Vehicle Fuel Account attributable to taxes imposed on distributions of motor vehicle fuel used or usable in propelling vessels. The actual amount shall be calculated using the annual reports of registered boats prepared by the Department of Motor Vehicles for the United States Coast Guard and the formula and method of the December 1972 report prepared for this purpose and submitted to the Legislature on December 26, 1972, by the Director of Transportation. If the amount transferred during each fiscal year is in excess of the calculated amount, the excess shall be retransferred from the Harbors and Watercraft Revolving Fund to the Motor Vehicle Fuel Account. If the amount transferred is less than the amount calculated, the difference shall be transferred from the Motor Vehicle Fuel Account to the Harbors and Watercraft Revolving Fund. No adjustment shall be made if the computed difference is less than fifty thousand dollars ($50,000), and the amount shall be adjusted to reflect any temporary or permanent increase or decrease that may be made in the rate under the Motor Vehicle Fuel Tax Law. Payments pursuant to this section shall be made prior to payments pursuant to Section 8352.2. (b) Commencing July 1, 2012, the revenues attributable to the taxes imposed pursuant to subdivision (b) of Section 7360 and Section 7361.1 and otherwise to be deposited in the Harbors and Watercraft Revolving Fund pursuant to subdivision (a) shall instead be transferred to the General Fund. The revenues attributable to the taxes imposed pursuant to subdivision (b) of Section 7360 and Section 7361.1 that were deposited in the Harbors and Watercraft Revolving Fund in the 2010-11 and 2011-12 fiscal years shall be transferred to the General Fund.(c) When deemed necessary by the Department of Transportation and the Department of Boating and Waterways, the Department of Transportation, after consultation with the Department of Boating and Waterways, shall prepare, or cause to be prepared, an updated report setting forth the current estimate of the amount of money credited to the Motor Vehicle Fuel Account attributable to taxes imposed on distributions of motor vehicle fuel used or usable in propelling vessels. The Department of Transportation shall submit the report to the Legislature upon its completion.SEC. 171. Section 10752.2 of the Revenue and Taxation Code is amended to read: 10752.2. (a) For initial or renewal registrations due on and after May 19, 2009, but before July 1, 2011, in addition to the annual license fee for a vehicle, other than a commercial motor vehicle described in Section 9400.1 of the Vehicle Code, imposed pursuant to Sections 10752 and 10752.1, a sum equal to 0.15 percent of the market value of the vehicle as determined by the department, shall be added to that annual fee. (b) Notwithstanding Chapter 5 (commencing with Section 11001) or any other law to the contrary, all revenues (including penalties), less refunds, derived from fees collected pursuant to subdivision (a) shall be deposited in the General Fund and transferred to the Local Safety and Protection Account, which is hereby established in the Transportation Tax Fund. Notwithstanding Section 13340 of the Government Code, all moneys in the account are hereby continuously appropriated, without regard to fiscal year, to the Controller for allocation pursuant to Sections 29553, 30061, and 30070 of the Government Code, Section 13821 of the Penal Code, and Sections 18220 and 18220.1 of the Welfare and Institutions Code. All revenue derived from subdivision (a) that is received after June 30, 2011, shall be deemed to have been received during the 2010-11 fiscal year for purposes of allocation by the Controller.(c)(1)In 2010 and each calendar year thereafter, the Director of Finance shall, no later than January 10 and upon the enactment of the Budget Act during the calendar year, make a written determination of whether any of the moneys derived from fees collected pursuant to subdivision (a) are being allocated by the state for any purpose not authorized by subdivision (b), and shall immediately submit his or her written determination to all of the following:.(A) The Director of the Department of Motor Vehicles.(B) The Joint Legislative Budget Committee.(C) The Senate and Assembly Appropriations Committees.(D) The Senate and Assembly Revenue and Taxation Committees.(2) If the Director of Finance determines that any moneys derived from fees collected pursuant to subdivision (a) are being allocated by the state for a purpose not authorized by subdivision (b), the Director of the Department of Motor Vehicles shall, upon receipt of the written determination, immediately cease collection of the fees imposed by subdivision (a), and shall resume collection of those fees only upon his or her receipt of written determination provided under paragraph (1) that specifies that none of the moneys derived from fees collected pursuant to subdivision (a) are being allocated by the state for a purpose not authorized by subdivision (a).SEC. 172. Section 97 of the Streets and Highways Code is amended to read: 97. (a) A state highway segment shall be designated by the department as a Safety Enhancement-Double Fine Zone if all of the following conditions have been satisfied: (1) The highway segment is eligible for designation pursuant to subdivision (b). (2) The Director of Transportation, in consultation with the Commissioner of the California Highway Patrol, certifies that the segment identified in subdivision (b) meets all of the following criteria: (A) The highway segment is a conventional highway or expressway and is part of the state highway system. (B) The rate of total collisions per mile per year on the segment under consideration has been at least 1.5 times the statewide average for similar roadway types during the most recent three-year period for which data are available. (C) The rate of head-on collisions per mile per year on the segment under consideration has been at least 1.5 times the statewide average for similar roadway types during the most recent three-year period for which data are available. (3) The Department of the California Highway Patrol or local agency having traffic enforcement jurisdiction, as the case may be, has concurred with the designation. (4) The governing board of each city, or county with respect to an unincorporated area, in which the segment is located has by resolution indicated that it supports the designation. (5) An active public awareness effort to change driving behavior is ongoing either by the local agency with jurisdiction over the segment or by another state or local entity. (6) Other traffic safety enhancements, including, but not limited to, increased enforcement and other roadway safety measures, are in place or are being implemented concurrent with the designation of the Safety Enhancement-Double Fine Zone. (b) The following segments are eligible for designation as a Safety Enhancement-Double Fine Zone pursuant to subdivision (a): State Highway Route 12 between the State Highway Route 80 junction in Solano County and the State Highway Route 5 junction in San Joaquin County. (c) Designation of a segment as a Safety Enhancement-Double Fine Zone by the department pursuant to subdivision (a) shall be done in writing and a written notification shall be provided to the court with jurisdiction over the area in which the highway segment is located. The designation shall be valid for a minimum of two years from the date of submission to the court. (d) After the two-year period, and at least every two years thereafter, the department, in consultation with the Department of the California Highway Patrol, shall evaluate whether the highway segment continues to meet the conditions set forth in subdivision (a). If the segment meets those conditions, the department shall renew the designation in which case an updated notification shall be sent to the court. If the department, in consultation with the Department of the California Highway Patrol, determines that any of those conditions no longer apply to a segment designated as a Safety Enhancement-Double Fine Zone under this section, the department shall revoke the designation and the segment shall cease to be a Safety Enhancement-Double Fine Zone. (e) A Safety Enhancement-Double Fine Zone is subject to the rules and regulations adopted by the department prescribing uniform standards for warning signs to notify motorists that, pursuant to Section 42010 of the Vehicle Code, increased penalties apply for traffic violations that are committed within a Safety Enhancement-Double Fine Zone. (f) (1) The department or the local authority having jurisdiction over these highway and road segments shall place and maintain the warning signs identifying these segments by stating that a "Special Safety Zone Region Begins Here" and a "Special Safety Zone Ends Here." (2) Increased penalties shall apply to violations under Section 42010 of the Vehicle Code only if appropriate signage is in place pursuant to this subdivision. (3) If designation as a Safety Enhancement-Double Fine Zone is revoked pursuant to subdivision (d), the department shall be responsible for removal of all signage placed pursuant to this subdivision. (g) Safety Enhancement-Double Fine Zones do not increase the civil liability of the state or local authority having jurisdiction over the highway segment under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or any other provision of law relating to civil liability. (1) Only the base fine shall be enhanced pursuant to this section. (2) Notwithstanding any other provision of law, any additional penalty, forfeiture, or assessment imposed by any other statute shall be based on the amount of the base fine before enhancement or doubling and shall not be based on the amount of the enhanced fine imposed pursuant to this section. (h) The projects specified as a Safety Enhancement-Double Fine Zone shall not be elevated in priority for state funding purposes. (i) The requirements of subdivision (a) shall not apply to the Safety Enhancement-Double Fine Zone established prior to the effective date of this subdivision pursuant to Section 97.4 or to the Safety Enhancement-Double Fine Zones established pursuant to Section 97.5.(j) The department shall conduct an evaluation of the effectiveness of all double fine zones, except those designated pursuant to Section 97.5, that will terminate the same calendar year and submit its findings in one report to the Assembly Committee on Transportation and the Senate Committee on Transportation and Housing one year prior to the termination of the double fine zones. The report shall include a recommendation on whether the zones should be reauthorized by the Legislature.SEC. 173. Section 164.56 of the Streets and Highways Code is amended to read: 164.56. (a) It is the intent of the Legislature to allocate ten million dollars ($10,000,000) annually to the Environmental Enhancement and Mitigation Program Fund, which is hereby created. (b) Local, state, and federal agencies and nonprofit entities may apply for and may receive grants, not to exceed five million dollars ($5,000,000) for any single grant, to undertake environmental enhancement and mitigation projects that are directly or indirectly related to the environmental impact of modifying existing transportation facilities or for the design, construction, or expansion of new transportation facilities. (c) Projects eligible for funding include, but are not limited to, all of the following: (1) Highway landscaping and urban forestry projects designed to offset vehicular emissions of carbon dioxide. (2) Acquisition or enhancement of resource lands to mitigate the loss of, or the detriment to, resource lands lying within the right-of-way acquired for proposed transportation improvements. (3) Roadside recreational opportunities, including roadside rests, trails, trailheads, and parks. (4) Projects to mitigate the impact of proposed transportation facilities or to enhance the environment, where the ability to effectuate the mitigation or enhancement measures is beyond the scope of the lead agency responsible for assessing the environmental impact of the proposed transportation improvement. (d) Grant proposals shall be submitted to the Resources Agency for evaluation in accordance with procedures and criteria prescribed by the Resources Agency. The Resources Agency shall evaluate proposals submitted to it and prepare a list of proposals recommended for funding. The list may be revised at any time. Prior to including a proposal on the list, the Resources Agency shall make a finding that the proposal is eligible for funding pursuant to subdivision (f). (e) Within the fiscal limitations of subdivisions (a) and (b), the commission shall annually award grants to fund proposals that are included on the list prepared by the Resources Agency pursuant to subdivision (d). (f) Projects funded pursuant to this section shall be projects that contribute to mitigation of the environmental effects of transportation facilities, as provided for by Section 1 of Article XIX of the California Constitution.(g) Notwithstanding Section 7550.5 of the Government Code, on or before December 31 of each year, the commission shall provide the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review with a list of projects funded from the Environmental Enhancement and Mitigation Program during the previous fiscal year and a copy of the most recent criteria for allocating grants pursuant to this section.SEC. 174. Section 182.8 of the Streets and Highways Code is amended to read: 182.8. (a) It is the intent of the Legislature that this program help increase flexibility in the use of state and federal funding to complete transportation improvements. The ability to exchange certain federal funds for state funds may enhance that flexibility. However, it is the intent of the Legislature that the commission make these exchanges only if the exchanges do not compromise other state funded projects or activities. (b) The commission shall propose guidelines and procedures to implement this section, hold a public hearing on the guidelines, and adopt the guidelines on or before February 1, 2001. The commission shall begin the exchange program on or before February 1, 2001, if it determines that funding is available for that purpose. The commission may amend its guidelines after holding a public hearing, but may not amend the guidelines between the time it notifies regional transportation planning agencies of the amount of state funds available for exchange and its approval of projects for exchange in any given year. (c) On or before January 5 of each year, the department shall report to the commission the amounts apportioned as federal local assistance in the regional surface transportation and congestion mitigation and air quality programs for the year, the Federal Obligation Authority for the year, and the amount of federal funds it expects to be able to obligate for work on projects in all programs on or before September 30 of that year, and the commission, in cooperation with the department, shall determine the amount of state funds from the Traffic Congestion Relief Fund that can be made available for exchange under this section. If the release of federal apportionments and obligational authority is delayed beyond November 1 in any year, all the dates specified in this section shall be extended by an equivalent time, however, all federal funds exchanged shall be obligated on or before September 30 of the current federal fiscal year. (d) The commission may exchange funds under this section if it determines all of the following: (1) Adequate state funds are available to accomplish the exchange without putting at risk other transportation activities or projects needing state funds. (2) Any exchange will be consistent with full implementation of the Traffic Congestion Relief Act of 2000. (3) Federal funds received in exchange can be readily and effectively used on other projects or activities by the state during the federal fiscal year. (e) After making the determinations set forth in subdivision (d) the commission may offer to exchange state funds from the Traffic Congestion Relief Fund for federal local assistance funds, subject to the limits imposed under this section. For the purpose of this section, "federal local assistance" funds means regional surface transportation program or congestion mitigation and air quality program apportionments received that federal fiscal year and apportioned as local assistance pursuant to Sections 182.6 and 182.7. (f) Not later than February 1 of each year, the commission shall notify the regional transportation planning agencies of the amount of state funds available for exchange for federal local assistance funds for that year. The maximum amount of state funds to be exchanged may not exceed 50 percent of the total amount of federal regional surface transportation program and congestion mitigation and air quality program funds apportioned for the current fiscal year as local assistance pursuant to subdivision (b) of Section 182.6 and subdivision (b) of Section 182.7, exclusive of state funds that may be exchanged pursuant to subdivision (g) of Section 182.6, paragraphs (1) and (2) of subdivision (h) of Section 182.6, or Section 182.7. Federal funds exchanged under this program shall be available for projects identified by the commission as ready to obligate during determination of the amount available for exchange. The amount of exchange may not exceed the department's ability to obligate all federal funds during the current federal fiscal year. The commission may not exchange state funds for regional surface transportation program funds required to be spent for transportation enhancements. This section does not affect the amount of exchange under subdivision (g) of Sections 182.6, or paragraphs (1) and (2) of subdivision (h) of Section 182.6. (g) Regional transportation planning agencies may submit applications for exchange of funds to the commission not later than March 15 of each year. Applications shall identify the proposed use for the exchange funds, including project descriptions, cost estimates, scopes of work, schedules for construction, schedules for expenditures, and any other information required by the commission. The commission may require a region to identify priorities among applications it submits. (h) If the commission receives applications for more exchange funds than the amount of state funds available, the commission shall select projects for exchange up to the amount of state funds available. The commission shall explain the criteria it uses to select projects, which shall include, but are not limited to, all of the following: (1) Removal of all federal funds from projects. (2) Assessment of projects that would benefit most from removal of federal funding because of size, type, location, agency capability, features, or federal requirements. (3) Approximate relative equity within the program among regions in receiving state exchange funds over a multiyear period. (i) The commission may exchange state funds for federal local assistance funds with agencies requesting exchanges. Agencies wishing to exchange their federal funds shall provide apportionments and obligation authority at the same rate the Federal Highway Administration distributes obligation authority. Agencies exchanging federal funds shall receive funds equal to 90 percent of the obligation authority exchanged. The commission shall approve exchanges of funds not later than its second regularly scheduled meeting following March 15 each year. (j) The commission shall determine an exchange payment schedule based on expenditure plans. The commission may suspend exchange payment schedules if it determines projects are not proceeding. (k) For financial display and reporting purposes, obligational authority received pursuant to this section shall be reported as a revenue accrual in the Traffic Congestion Relief Fund in the year in which the exchange is approved under subdivision (i). Funds approved for exchange shall be accrued as expenditures in the year in which the exchange is approved. Notwithstanding Section 16362 of the Government Code, the department shall repay from the State Highway Account to the Traffic Congestion Relief Fund all funds received as federal reimbursements for funds exchanged under this section as they are received from the Federal Highway Administration, except that those repayments are not required to be made more frequently than on a quarterly basis. ( l ) State funds provided through an exchange under this section shall be encumbered within one year and expended within three years. (m) Upon adoption of its implementing guidelines, the commission may consider requests for exchanges under this section. (n) Regional and local agencies shall use state exchange funds only for projects or purposes for which the federal local assistance funds being exchanged were originally intended, and may not supplant local funds on projects in order that those local funds can subsequently be used for nontransportation purposes. The commission may require agencies to certify that they are meeting this requirement. Agencies not meeting this maintenance of effort requirement may not be allowed to participate in the next exchange cycle.(o) The commission shall include a summary of exchanges made pursuant to this section in its annual report to the Governor and Legislature pursuant to Section 14556.36, including an assessment of progress in implementing projects funded by exchanges, and discussion of issues and recommendations related to implementation of the exchange program.(p)(o) Not later than the effective date of the reauthorization of the federal surface transportation act, the commission shall submit a report to the Governor and the Legislature recommending any changes in the exchange program necessitated by that reauthorization. SEC. 175. Section 2424 of the Streets and Highways Code is amended to read: 2424. (a) The department, metropolitan planning organizations, county transportation commissions, regional transportation planning agencies, counties, cities, and a city and county shall comply with all reporting requirements to the Federal Highway Administration (FHWA) established in federal law regarding funds made available under the American Recovery and Reinvestment Act of 2009. (b) In complying with the requirements of subdivision (a), the department, metropolitan planning organizations, county transportation commissions, regional transportation planning agencies, counties, cities, and a city and county shall provide the same data they provide to the FHWA to the department under the same timelines required by the FHWA or federal law. Regional entities shall include in the data provided to the department information on the use of federal funds made available under the American Recovery and Reinvestment Act of 2009 that were suballocated to cities and counties within their jurisdiction. (c) All jurisdictions that received and obligated or expended federal funds for transportation enhancement activities pursuant to federal law and this chapter shall include in the data they provide to the department pursuant to subdivision (b) a description of the number, value, and type of project that involved the participation of a community conservation corps or the California Conservation Corps.(d) The department, within 30 days of receiving the information required pursuant to subdivisions (b) and (c), shall compile the information and submit a report to the budget committees and policy committees with jurisdiction over transportation matters in each house of the Legislature.SEC. 176. Section 30161.5 of the Streets and Highways Code is amended to read: 30161.5. (a) For any bridge at which an automatic vehicle identification system, as described in this section, has been installed and is in operation, the department may waive the requirement that the holder of a credit permit furnish and maintain a surety bond. The automatic vehicle identification system shall have the capability of identifying each vehicle operating under the permit and of tabulating the number of bridge crossings by those vehicles. This section does not affect the authority of the department under Section 30796.8. (b) The department shall notify the Legislature of the date upon which it commences operation of the system described in subdivision (a) on any bridge other than the bridge described in Section 30796. (c) This section shall become inoperative five years from the date specified by the department pursuant to subdivision (b), and as of January 1 next following that date is repealed, unless a later enacted statute, which becomes effective on or before that January 1, deletes or extends that date.(d) Nine months prior to the end of the five-year period specified in subdivision (c), the department shall submit a report to the Legislature on the implementation of subdivision (a). The report shall include an analysis of credit delinquencies encountered in operating the system and the administrative costs incurred in debt collection.SEC. 177. Section 9907 of the Unemployment Insurance Code is repealed.9907. (a) The department shall submit an annual report to the Legislature on the performance outcomes of the Jobs for California Graduates local programs on an annual basis. (b) The department shall report the following outcomes at the end of the 12-month followup period: (1) Secondary education completion rate as compared to the Jobs for America's Graduates standard of 90 percent for senior participants. (2) Positive outcomes rate, such as youth employed, enrolled in a postsecondary institution, or serving in the military, or all of these, as compared to the Jobs for America's Graduates standard of 80 percent positive outcomes for graduates. (3) Full-time placement rate, such as youth engaged in full-time employment, full-time military, or combining postsecondary education with employment. (4) All other participant outcomes as required by the Governor under Section 122(h) of the federal Workforce Investment Act of 1998.SEC. 178. Section 15002 of the Unemployment Insurance Code is amended to read: 15002. (a) The California Workforce Investment Board (CWIB) shall establish a special committee known as the Green Collar Jobs Council (GCJC), comprised of the appropriate representatives from the CWIB existing membership, including the K-12 representative, the California Community Colleges representative, the Business, Transportation and Housing Agency representative, the Employment Development Department representative, and other appropriate members. The GCJC may consult with other state agencies, other higher education representatives, local workforce investment boards, and industry representatives as well as philanthropic, nongovernmental, and environmental groups, as appropriate, in the development of a strategic initiative. To the extent private funds are available, is the intent of the Legislature that the GCJC will develop an annual award for outstanding achievement for workforce training programs operated by local or state agencies, businesses, or non-government organizations to be named after Parrish R. Collins. (b) As part of the strategic initiative, the GCJC shall focus on developing the framework, funding, strategies, programs, policies, partnerships, and opportunities necessary to address the growing need for a highly skilled and well-trained workforce to meet the needs of California's emerging green economy. The GCJC shall do all of the following: (1) Assist in identifying and linking green collar job opportunities with workforce development training opportunities in local workforce investment areas (LWIAs), encouraging regional collaboration among LWIAs to meet regional economic demands. (2) Align workforce development activities with regional economic recovery and growth strategies. (3) Develop public, private, philanthropic, and nongovernmental partnerships to build and expand the state's workforce development programs, network, and infrastructure. (4) Provide policy guidance for job training programs for the clean and green technology sectors to help them prepare specific populations, such as at-risk youth, displaced workers, veterans, formerly incarcerated individuals, and others facing barriers to employment. (5) Develop, collect, analyze, and distribute statewide and regional labor market data on California's new and emerging green industries workforce needs, trends, and job growth. (6) Collaborate with community colleges and other educational institutions, registered apprenticeship programs, business and labor organizations, and community-based and philanthropic organizations to align workforce development services with strategies for regional economic growth. (7) Identify funding resources and make recommendations on how to expand and leverage these funds. (8) Foster regional collaboratives in the green economic sector. (c) The CWIB may accept any revenues, moneys, grants, goods, or services from federal and state entities, philanthropic organizations, and other sources, to be used for purposes relating to the administration and implementation of the strategic initiative, as described in subdivision (b). The CWIB shall also ensure the highest level of transparency and accountability and make information available on the CWIB Internet Web site. (d) Upon appropriation by the Legislature, the department may expend the moneys and revenues received pursuant to subdivision (c) for purposes related to the administration and implementation of the strategic initiative, and for the award of workforce training grants implementing the strategic initiative. SEC. 179. Section 9250.7 of the Vehicle Code is amended to read: 9250.7. (a) (1) A service authority established under Section 22710 may impose a service fee of one dollar ($1) on all vehicles, except vehicles described in subdivision (a) of Section 5014.1, registered to an owner with an address in the county that established the service authority. The fee shall be paid to the department at the time of registration, or renewal of registration, or when renewal becomes delinquent, except on vehicles that are expressly exempted under this code from the payment of registration fees. (2) In addition to the one-dollar ($1) service fee, and upon the implementation of the permanent trailer identification plate program, and as part of the Commercial Vehicle Registration Act of 2001, all commercial motor vehicles subject to Section 9400.1 registered to an owner with an address in the county that established a service authority under this section shall pay an additional service fee of two dollars ($2). (b) The department, after deducting its administrative costs, shall transmit, at least quarterly, the net amount collected pursuant to subdivision (a) to the Treasurer for deposit in the Abandoned Vehicle Trust Fund, which is hereby created. All money in the fund is continuously appropriated to the Controller for allocation to a service authority that has an approved abandoned vehicle abatement program pursuant to Section 22710, and for payment of the administrative costs of the Controller. After deduction of its administrative costs, the Controller shall allocate the money in the Abandoned Vehicle Trust Fund to each service authority in proportion to the revenues received from the fee imposed by that authority pursuant to subdivision (a). If any funds received by a service authority pursuant to this section are not expended to abate abandoned vehicles pursuant to an approved abandoned vehicle abatement program that has been in existence for at least two full fiscal years within 90 days of the close of the fiscal year in which the funds were received and the amount of those funds exceeds the amount expended by the service authority for the abatement of abandoned vehicles in the previous fiscal year, the fee imposed pursuant to subdivision (a) shall be suspended for one year, commencing on July 1 following the Controller's determination pursuant to subdivision (e). (c) Every service authority that imposes a fee authorized by subdivision (a) shall issue a fiscal yearend report to the Controller on or before October 31 of each year summarizing all of the following: (1) The total revenues received by the service authority during the previous fiscal year. (2) The total expenditures by the service authority during the previous fiscal year. (3) The total number of vehicles abated during the previous fiscal year. (4) The average cost per abatement during the previous fiscal year. (5) Any additional, unexpended fee revenues for the service authority during the previous fiscal year. (6) The number of notices to abate issued to vehicles during the previous fiscal year. (7) The number of vehicles disposed of pursuant to an ordinance adopted pursuant to Section 22710 during the previous fiscal year. (8) The total expenditures by the service authority for towing and storage of abandoned vehicles during the previous fiscal year. (d) Each service authority that fails to submit the report required pursuant to subdivision (c) by October 31 of each year shall have its fee pursuant to subdivision (a) suspended for one year commencing on July 1 following the Controller's determination pursuant to subdivision (e). (e) On or before January 1 annually, the Controller shall review the fiscal yearend reports, submitted by each service authority pursuant to subdivision (c) and due no later than October 31, to determine if fee revenues are being utilized in a manner consistent with the service authority's approved program. If the Controller determines that the use of the fee revenues is not consistent with the service authority's program as approved by the Department of the California Highway Patrol, or that an excess of fee revenues exists, as specified in subdivision (b), the authority to collect the fee shall be suspended for one year pursuant to subdivision (b). If the Controller determines that a service authority has not submitted a fiscal yearend report as required in subdivision (c), the authorization to collect the service fee shall be suspended for one year pursuant to subdivisions (b) and (d). The Controller shall inform the Department of Motor Vehicles on or before January 1 annually, that the authority to collect the fee is suspended. A suspension shall only occur if the service authority has been in existence for at least two full fiscal years and the revenue fee surpluses are in excess of those allowed under this section, the use of the fee revenue is not consistent with the service authority's approved program, or the required fiscal yearend report has not been submitted by October 31.(f) On or before January 1 annually, the Controller shall prepare and submit to the Legislature a revenue and expenditure summary for each service authority established under Section 22710 that includes, but is not limited to, all of the following:(1) The total revenues received by each service authority.(2) The total expenditures by each service authority.(3) The unexpended revenues for each service authority.(4) The total number of vehicle abatements for each service authority.(5) The average cost per abatement as provided by each service authority to the Controller pursuant to subdivision (c).(g)(f) On or before January 1, 2010, and biennially thereafter, the service authority shall have a financial audit of the service authority conducted by a qualified independent third party.(h)(g) The fee imposed by a service authority shall remain in effect only for a period of 10 years from the date that the actual collection of the fee commenced unless the fee is extended pursuant to this subdivision. The fee may be extended in increments of up to 10 years each if the board of supervisors of the county, by a two-thirds vote, and a majority of the cities having a majority of the incorporated population within the county adopt resolutions providing for the extension of the fee. SEC. 180. Section 9250.14 of the Vehicle Code is amended to read: 9250.14. (a) (1) In addition to any other fees specified in this code and the Revenue and Taxation Code, upon the adoption of a resolution by any county board of supervisors, a fee of one dollar ($1) shall be paid at the time of registration or renewal of registration of every vehicle, except vehicles described in subdivision (a) of Section 5014.1, registered to an address within that county except those expressly exempted from payment of registration fees. The fees, after deduction of the administrative costs incurred by the department in carrying out this section, shall be paid quarterly to the Controller. (2) In addition to the one dollar ($1) service fee, and upon the implementation of the permanent trailer identification plate program, and as part of the Commercial Vehicle Registration Act of 2001, all commercial motor vehicles subject to Section 9400.1 registered to an owner with an address in the county that established a service authority under this section, shall pay an additional service fee of two dollars ($2). (b) Notwithstanding Section 13340 of the Government Code, the money paid to the Controller is continuously appropriated, without regard to fiscal years, for the administrative costs of the Controller, and for disbursement by the Controller to each county that has adopted a resolution pursuant to subdivision (a), based upon the number of vehicles registered, or whose registration is renewed, to an address within that county. (c) Except as otherwise provided in this subdivision, money allocated to a county pursuant to subdivision (b) shall be expended exclusively to fund programs that enhance the capacity of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes. In any county with a population of 250,000 or less, the money shall be expended exclusively for those vehicle theft crime programs and for the prosecution of crimes involving driving while under the influence of alcohol or drugs, or both, in violation of Section 23152 or 23153, or vehicular manslaughter in violation of Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or any combination of those crimes. (d) Money collected pursuant to this section shall not be expended to offset a reduction in any other source of funds, nor for any purpose not authorized under this section. (e) Any funds received by a county prior to January 1, 2000, pursuant to this section, that are not expended to deter, investigate, or prosecute crimes pursuant to subdivision (c) shall be returned to the Controller, for deposit in the Motor Vehicle Account in the State Transportation Fund. Those funds received by a county shall be expended in accordance with this section. (f) Each county that adopts a resolution under subdivision (a) shall submit, on or before the 13th day following the end of each quarter, a quarterly expenditure and activity report to the designated statewide Vehicle Theft Investigation and Apprehension Coordinator in the Department of the California Highway Patrol. (g) A county that imposes a fee under subdivision (a) shall issue a fiscal year-end report to the Controller on or before August 31 of each year. The report shall include a detailed accounting of the funds received and expended in the immediately preceding fiscal year, including, at a minimum, all of the following: (1) The total revenues received by the county under subdivision (b) for the immediately preceding fiscal year. (2) The total expenditures by the county under subdivision (c) for the immediately preceding fiscal year. (3) Details of expenditures made by the county under subdivision (c), including salaries and expenses, purchase of equipment and supplies, and any other expenditures made listed by type with an explanatory comment. (4) A summary of vehicle theft abatement activities and other vehicle theft programs funded by the fees collected under this section. (5) The total number of stolen vehicles recovered and the value of those vehicles during the immediately preceding fiscal year. (6) The total number of vehicles stolen during the immediately preceding fiscal year as compared to the fiscal year prior to the immediately preceding fiscal year. (7) Any additional, unexpended fee revenues received under subdivision (b) for the county for the immediately preceding fiscal year. (h) Each county that fails to submit the report required pursuant to subdivision (g) by November 30 of each year shall have the fee suspended by the Controller for one year, commencing on July 1 following the Controller's determination that a county has failed to submit the report. (i) (1) On or before January 1, 2006, and on or before January 1 annually thereafter, the Controller shall provide to the Department of the California Highway Patrol copies of the yearend reports submitted by the counties under subdivision (g), and, in consultation with the Department of the California Highway Patrol, shall review the fiscal yearend reports submitted by each county pursuant to subdivision (g) to determine if fee revenues are being utilized in a manner consistent with this section. If the Controller determines that the use of the fee revenues is not consistent with this section, the Controller shall consult with the participating counties' designated regional coordinators. If the Controller determines that the fee revenues are still not consistent with this section, the authority to collect the fee by that county shall be suspended for one year. (2) If the Controller determines that a county has not submitted a fiscal yearend report as required in subdivision (g), the authorization to collect the service fee shall be suspended for one year pursuant to subdivision (h). (3) When the Controller determines that a fee shall be suspended for a county, the Controller shall inform the Department of Motor Vehicles on or before January 1, 2006, and on or before January 1 annually thereafter, that the authority to collect a fee for that county is suspended.(j) On or before January 1, 2006, and on or before January 1 annually thereafter, the Controller shall prepare and submit to the Legislature a revenue and expenditure summary for each participating county that includes all of the following:(1) The total revenues received by each county.(2) The total expenditures by each county.(3) The unexpended revenues for each county.(k)(j) The Department of the California Highway Patrol, in consultation with all participating county designated regional coordinators, shall review the effectiveness of reducing vehicle theft crimes that were funded by the fees imposed by this section. The Department of the California Highway Patrol shall provide a report based on that review and, on or before January 1, 2009, shall submit that report to the Legislature.( l) (k) For the purposes of this section, a county designated regional coordinator is that agency designated by the participating county's board of supervisors as the agency in control of its countywide vehicle theft apprehension program.(m)(l) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute that is enacted on or before January 1, 2018, deletes or extends that date. SEC. 181. Section 9250.19 of the Vehicle Code is amended to read: 9250.19. (a) (1) In addition to any other fees specified in this code and the Revenue and Taxation Code, upon the adoption of a resolution pursuant to this subdivision by any county board of supervisors, a fee of one dollar ($1) shall be paid at the time of registration, renewal, or supplemental application for apportioned registration pursuant to Article 4 (commencing with Section 8050) of Chapter 4 of every vehicle, except vehicles described in subdivision (a) of Section 5014.1, registered to an address within that county except those expressly exempted from payment of registration fees. The fees, after deduction of the administrative costs incurred by the department in carrying out this section, shall be paid quarterly to the Controller. (2) In addition to the one-dollar ($1) service fee, and upon the implementation of the permanent trailer identification plate program, and as part of the Commercial Vehicle Registration Act of 2001, all commercial motor vehicles subject to Section 9400.1 registered to an owner with an address in the county that established a service authority under this section, shall pay an additional service fee of two dollars ($2). (3) A resolution adopted pursuant to paragraph (1) shall include findings as to the purpose of, and the need for, imposing the additional registration fee. (b) Notwithstanding Section 13340 of the Government Code, the money paid to the Controller pursuant to subdivision (a) is continuously appropriated, without regard to fiscal years, for disbursement by the Controller to each county that has adopted a resolution pursuant to subdivision (a), based upon the number of vehicles registered, or whose registration is renewed, to an address within that county, or supplemental application for apportioned registration, and for the administrative costs of the Controller incurred under this section. (c) Money allocated to a county pursuant to subdivision (b) shall be expended exclusively to fund programs that enhance the capacity of local law enforcement to provide automated mobile and fixed location fingerprint identification of individuals who may be involved in driving under the influence of alcohol or drugs in violation of Section 23152 or 23153, or vehicular manslaughter in violation of Section 191.5 of the Penal Code or subdivision (c) of Section 192 of the Penal Code, or any combination of those and other vehicle-related crimes, and other crimes committed while operating a motor vehicle. (d) The data from a program funded pursuant to subdivision (c) shall be made available by the local law enforcement agency to a local public agency that is required by law to obtain a criminal history background of persons as a condition of employment with that local public agency. A local law enforcement agency that provides the data may charge a fee to cover its actual costs in providing that data. (e) (1) Money collected pursuant to this section shall not be used to offset a reduction in any other source of funds for the purposes authorized under this section. (2) Funds collected pursuant to this section, upon recommendation of local or regional Remote Access Network Boards to the board of supervisors, shall be used exclusively for the purchase, by competitive bidding procedures, and the operation of equipment that is compatible with the Department of Justice's Cal-ID master plan, as described in Section 11112.2 of the Penal Code, and the equipment shall interface in a manner that is in compliance with the requirement described in the Criminal Justice Information Services, Electronic Fingerprint Transmission Specification, prepared by the Federal Bureau of Investigation and dated August 24, 1995. (f) Every county that has authorized the collection of the fee pursuant to subdivision (a) shall issue a fiscal yearend report to the Controller on or before November 1 of each year, summarizing all of the following with respect to those fees: (1) The total revenues received by the county for the fiscal year. (2) The total expenditures and encumbered funds by the county for the fiscal year. For purposes of this subdivision, "encumbered funds" means funding that is scheduled to be spent pursuant to a determined schedule and for an identified purchase consistent with this section. (3) Any unexpended or unencumbered fee revenues for the county for the fiscal year. (4) The estimated annual cost of the purchase, operation, and maintenance of automated mobile and fixed location fingerprint equipment, related infrastructure, law enforcement enhancement programs, and personnel created or utilized in accordance with this section for the fiscal year. The listing shall detail the make and model number of the equipment, and include a succinct description of the related infrastructure items, law enforcement enhancement programs, and the classification or title of any personnel. (5) How the use of the funds benefits the motoring public. (g) For each county that fails to submit the report required pursuant to subdivision (f) by November 1 of each year, the Controller shall notify the Department of Motor Vehicles to suspend the fee for that county imposed pursuant to subdivision (a) for one year. (h) If any funds received by a county pursuant to subdivision (a) are not expended or encumbered in accordance with this section by the close of the fiscal year in which the funds were received, the Controller shall notify the Department of Motor Vehicles to suspend the fee for that county imposed pursuant to subdivision (a) for one year. For purposes of this subdivision, "encumbered funds" means funding that is scheduled to be spent pursuant to a determined schedule and for an identified purchase consistent with this section.(i) On or before January 1, 2004, and on January 1 annually thereafter, the Controller shall prepare and submit to the Legislature a revenue and expenditure summary based on the information provided pursuant to paragraphs (1) to (3), inclusive, of subdivision (f), for each county that has authorized the collection of the fee pursuant to subdivision (a). The Controller shall attach to the revenue and expenditure summary the documents provided by each county pursuant to paragraphs (4) and (5) of subdivision (f).SEC. 182. Section 138.9 of the Water Code is repealed.138.9. (a) Subject to subdivisions (b) and (c), commencing on January 1, 2003, and annually thereafter, the department shall prepare and submit to the Legislature a report that includes a description of the progress achieved by the department with regard to meeting the goals of the Bay-Delta Program and the implementation schedule established in the CALFED Bay-Delta Program, Programmatic Record of Decision dated August 2000, and the Framework Agreement dated June 9, 2000. (b) Upon the creation, by statute, of an entity to assume the responsibilities previously undertaken by federal and state officials in connection with the CALFED Bay-Delta Program, that entity shall carry out the duties described in subdivision (a) in the place of the department. (c) If, at any time on or after January 1, 2003, the department is not required to implement the CALFED Bay-Delta Program, Programmatic Record of Decision dated August 2000, the department need not prepare the report described in subdivision (a).SEC. 183. Section 162 of the Water Code is amended to read: 162. It is the intention of the Legislature that in the making of all major departmental determinations, policies and procedures, such as departmental recommendations to the Legislature, the director and the California Water Commission shall be in agreement whenever possible; but for the purpose of fixing responsibility to the Governor and to the Legislature, in the event of disagreement between the director and the commission upon such matters, the views of the director shall prevail.In the event of disagreement pursuant to this section, a written report upon such disagreement shall be made immediately to the Governor and to the President pro Tempore of the Senate and the Speaker of the Assembly by the commission and by the director.SEC. 184. Section 1228.2 of the Water Code is amended to read: 1228.2. (a) (1) Subject to subdivision (b), any person may obtain a right to appropriate water for a small domestic, small irrigation, or livestock stockpond use upon first registering the use with the board and thereafter applying the water to reasonable and beneficial use with due diligence. (2) With regard to an appropriation for small domestic use, a registration shall not be filed for a facility served by or used pursuant to a permit or license for domestic or municipal use, and not more than one small domestic use registration shall be in effect at any time for any facility. (3) With regard to an appropriation for small irrigation use, more than one registration may be in effect at any time for a registrant if the diversion or storage facilities subject to registration for a registrant do not exceed the ratio of one per 20 irrigated acres, and if the total water use on all acreage covered by the registrations, including any water use based on other rights, does not exceed 100 acre-feet per annum. (4) A small domestic use registration and a small irrigation use registration may be in effect for the same facility only if the total combined water use covered by the registrations does not exceed 20 acre-feet per annum. (5) With regard to an appropriation for livestock stockpond use, more than one registration may be in effect at any time for a registrant if stockponds subject to registration for that registrant do not exceed the ratio of one per 50 acres. (b) Initiation of rights to appropriate water pursuant to this article shall be subject to Article 1.3 (commencing with Section 1205), relating to fully appropriated stream systems. The board shall not accept any registration of water use which proposes as a source of water supply any stream system which has been unconditionally declared by the board to be fully appropriated pursuant to Section 1205, except that subdivision (b) of Section 1206, relating to conditional declarations of fully appropriated stream systems, shall apply to registration of water use pursuant to this article, and the board shall accept those registrations where consistent with the conditions specified in any such declaration. (c) On or before June 30, 1989, and annually thereafter, the Division of Water Rights shall prepare andsubmit to the board a reportpost on its Internet Web site information summarizing the location, nature, and amount of water appropriated pursuant to this article. Thereportinformation shall include a description of the availability of unappropriated water in those stream systems which may become fully appropriated within the next reporting period. (d) If a registration is filed with a source of supply on a stream system that the most recent report submitted under subdivision (c) identifies as a stream system that may become fully appropriated within the next reporting period, the registration shall not take effect unless the board finds that unappropriated water is available for the appropriation proposed by the registration. If the board finds that unappropriated water is not available to supply the proposed appropriation, the board shall, following notice and hearing, determine whether that stream system should be declared fully appropriated pursuant to Article 1.3 (commencing with Section 1205). SEC. 185. Section 13369 of the Water Code is amended to read: 13369. (a)(1)The state board, in consultation with the regional boards, the California Coastal Commission, and other appropriate state agencies and advisory groups, as necessary, shall prepare a detailed program for the purpose of implementing the state's nonpoint source management plan. The board shall address all applicable provisions of the Clean Water Act, including Section 319 (33 U.S.C. Sec. 1329), as well as Section 6217 of the federal Coastal Zone Act Reauthorization Amendments of 1990 (16 U.S.C. Sec. 1455b), and this division in the preparation of this detailed implementation program.(2) (A)(b) (1) The program shall include all of the following components:(i)(A) Nonregulatory implementation of best management practices.(ii)(B) Regulatory-based incentives for best management practices.(iii)(C) The adoption and enforcement of waste discharge requirements that will require the implementation of best management practices.(B)(2) In connection with its duties under this subdivision to prepare and implement the state's nonpoint source management plan, the state board shall develop, on or before February 1, 2001, guidance to be used by the state board and the regional boards for the purpose of describing the process by which the state board and the regional boards will enforce the state's nonpoint source management plan, pursuant to this division.(C) The adoption of the guidance developed pursuant to this section is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(b) The state board, in consultation with the California Coastal Commission and other appropriate agencies, as necessary, on or before December 31 of each year, shall submit to the Legislature, and make available to the public, both of the following:(1) Copies of all state and regional board reports that contain information related to nonpoint source pollution and that the state or regional boards were required to prepare in the previous fiscal year pursuant to Sections 303, 305(b), and 319 of the Clean Water Act (33 U.S.C. Secs. 1313, 1315(b), and 1329), Section 6217 of the federal Coastal Zone Act Reauthorization Amendments of 1990 (16 U.S.C. Sec. 1455b), related regulations, and this division.(2) A summary of information related to nonpoint source pollution that is set forth in the reports described pursuant to paragraph (1) including, but not limited to, summaries of both of the following:(A) Information that is related to nonpoint source pollution and that is required to be included in reports prepared pursuant to Section 305(b) of the Clean Water Act (33 U.S.C. 1315(b)).(B) Information that is required to be in reports prepared pursuant to Section 319(h)(11) of the Clean Water Act (33 U.S.C. Sec. 1329(h)(11)).SEC. 186. Section 13396.9 of the Water Code is amended to read: 13396.9. (a) The California Coastal Commission and the Los Angeles Regional Water Quality Control Board shall establish and participate in the multiagency Los Angeles Basin Contaminated Sediments Task Force, in cooperation with all interested parties, including, but not limited to, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the Port of Long Beach, and the Port of Los Angeles. (b) (1) On or before January 1, 2005, the California Coastal Commission shall, based upon the recommendations of the task force, develop a long-term management plan for the dredging and disposal of contaminated sediments in the coastal waters adjacent to the County of Los Angeles. The plan shall include identifiable goals for the purpose of minimizing impacts to water quality, fish, and wildlife through the management of sediments. The plan shall include measures to identify environmentally preferable, practicable disposal alternatives, promote multiuse disposal facilities and beneficial reuse, and support efforts for watershed management to control contaminants at their source. (2) The California Coastal Commission and the Los Angeles Regional Water Quality Control Board shall seek to enter into an agreement with the United States Environmental Protection Agency and the United States Army Corps of Engineers for those federal agencies to participate in the preparation of the long-term management plan, and, on or before January 1, 1999, shall prepare and submit to the Legislature a report indicating the status of that agreement. (c) The California Coastal Commission and the Los Angeles Regional Water Quality Control Board, in cooperation with the task force, shall conduct not less than one annual public workshop to review the status of the plan and to promote public participation. SEC. 187. Section 78684.13 of the Water Code is repealed.78684.13. On or before December 15 of each year, the Secretary of the Resources Agency shall submit an annual report to the Legislature that describes the status of the implementation of all elements of the CALFED Bay-Delta Program, any determinations made by the secretary pursuant to subdivisions (b) and (d) of Section 74684.12, and other significant scheduling issues. The report also shall include a detailed accounting of expenditures, descriptions of programs for which expenditures have been made, and a schedule of anticipated expenditures for the next year.SEC. 188. Section 79083 of the Water Code is amended to read: 79083.(a)A grant recipient shall submit to the board a report upon the completion of the project or activity funded under this article. The report shall summarize the completed project and identify additional steps necessary to achieve the purposes of the local watershed management plan. The board shall make the report available to interested federal, state, and local agencies and other interested parties.(b) The board shall prepare and submit to the Governor a biennial report regarding the implementation of this article. The biennial report shall include, at a minimum, a discussion relating to the extent to which the purposes described in Section 79077 are being furthered by the implementation of this article.SEC. 189. Section 79555 of the Water Code is amended to read: 79555.(a)For the 2004-05 fiscal year, and each fiscal year thereafter, not less than 50 percent of the funds made available pursuant to subdivision (d) of Section 79550 for acquisition of water for the CALFED environmental water account shall be expended for long-term water purchase contracts, permanent water rights, and associated costs.(b) The California Bay-Delta Authority shall report annually to the Legislature on the state's efforts in acquiring long-term purchase contracts and permanent water rights in accordance with this section.SEC. 190. Section 1760.8 of the Welfare and Institutions Code is amended to read: 1760.8. (a) The Department of the Youth Authority shall annually develop a population management and facilities master plan presenting projected population and strategies for treatment and housing of wards for the succeeding five-year period. This plan shall set forth the department's strategy for bridging the gap between available bedspace and the projected ward population.This master plan shall be updated and submitted to the Legislature by January 10 of each year.(b) The Department of the Youth Authority may contract with the Department of Corrections or the Office of Project Development and Management within the Department of General Services for professional and construction services related to the construction of facilities or renovation projects included in the Department of the Youth Authority's 1994-99 master plan for which funds are appropriated by the Legislature. The Department of the Youth Authority shall be responsible for program planning and all design decisions. The Department of Corrections or the Department of General Services shall, in consultation with the Department of the Youth Authority, ensure that all facilities are designed and constructed specifically for the needs of the youthful offender population. The Department of the Youth Authority also shall ensure that the design and construction of any facilities are consistent with the mission of the Department of the Youth Authority, which emphasizes the protection of the public from criminal activity and the rehabilitation of youthful offenders by providing education, training, and treatment services for those offenders committed by the courts. Any power, function, or jurisdiction for planning, design, and construction of facilities or renovation projects pursuant to the 1994-99 master plan that is conferred upon the Department of General Services shall be deemed to be conferred upon the Department of Corrections for purposes of this section. The Director of the Department of General Services may, upon the request of the Director of the Department of Corrections, delegate to the Department of Corrections any power, function, or jurisdiction for planning, design, and construction of any additional projects included within subsequent Department of the Youth Authority master plans. SEC. 191. Section 4024 of the Welfare and Institutions Code is amended to read: 4024. The State Department of State Hospitals proposed allocations for level-of-care staffing in state hospitals that serve persons with mental disabilities shall be submitted to the Department of Finance for review and approval in July and again on a quarterly basis. Each quarterly report shall include an analysis of client characteristics of admissions and discharges in addition to information on any changes in characteristics of current residents. The State Department of State Hospitals shall submit by January 1 and May 1 to the Department of Finance for its approval: (a) all assumptions underlying estimates of state hospital mentally disabled population; and (b) a comparison of the actual and estimated population levels for the year to date. If the actual population differs from the estimated population by 50 or more, the department shall include in its reports an analysis of the causes of the change and the fiscal impact. The Department of Finance shall approve or modify the assumptions underlying all population estimates within 15 working days of their submission. If the Department of Finance does not approve or modify the assumptions by that date, the assumptions, as presented by the submitting department, shall be deemed to be accepted by the Department of Finance as of that date.The estimates of populations and the comparison of actual versus estimated population levels shall be made available to the Joint Legislative Budget Committee immediately following approval by the Department of Finance.The Department of Finance shall also make available to the Joint Legislative Budget Committee a listing of all of the approved assumptions and the impact of each assumption, as well as all supporting data provided by the State Department of State Hospitals or developed independently by the Department of Finance. However, the departmental estimates, assumptions, and other supporting data as have been prepared shall be forwarded to the Joint Legislative Budget Committee not later than January 15 or May 15 by the State Department of State Hospitals in the event this information has not been released earlier.SEC. 192. Section 6601 of the Welfare and Institutions Code , as amended by Section 139 of Chapter 24 of the Statutes of 2012, is amended to read: 6601. (a) (1) Whenever the Secretary of the Department of Corrections and Rehabilitation determines that an individual who is in custody under the jurisdiction of the Department of Corrections and Rehabilitation, and who is either serving a determinate prison sentence or whose parole has been revoked, may be a sexually violent predator, the secretary shall, at least six months prior to that individual's scheduled date for release from prison, refer the person for evaluation in accordance with this section. However, if the inmate was received by the department with less than nine months of his or her sentence to serve, or if the inmate's release date is modified by judicial or administrative action, the secretary may refer the person for evaluation in accordance with this section at a date that is less than six months prior to the inmate's scheduled release date. (2) A petition may be filed under this section if the individual was in custody pursuant to his or her determinate prison term, parole revocation term, or a hold placed pursuant to Section 6601.3, at the time the petition is filed. A petition shall not be dismissed on the basis of a later judicial or administrative determination that the individual's custody was unlawful, if the unlawful custody was the result of a good faith mistake of fact or law. This paragraph shall apply to any petition filed on or after January 1, 1996. (b) The person shall be screened by the Department of Corrections and Rehabilitation and the Board of Parole Hearings based on whether the person has committed a sexually violent predatory offense and on a review of the person's social, criminal, and institutional history. This screening shall be conducted in accordance with a structured screening instrument developed and updated by the State Department of State Hospitals in consultation with the Department of Corrections and Rehabilitation. If as a result of this screening it is determined that the person is likely to be a sexually violent predator, the Department of Corrections and Rehabilitation shall refer the person to the State Department of State Hospitals for a full evaluation of whether the person meets the criteria in Section 6600. (c) The State Department of State Hospitals shall evaluate the person in accordance with a standardized assessment protocol, developed and updated by the State Department of State Hospitals, to determine whether the person is a sexually violent predator as defined in this article. The standardized assessment protocol shall require assessment of diagnosable mental disorders, as well as various factors known to be associated with the risk of reoffense among sex offenders. Risk factors to be considered shall include criminal and psychosexual history, type, degree, and duration of sexual deviance, and severity of mental disorder. (d) Pursuant to subdivision (c), the person shall be evaluated by two practicing psychiatrists or psychologists, or one practicing psychiatrist and one practicing psychologist, designated by the Director of State Hospitals, one or both of whom may be independent professionals as defined in subdivision (g). If both evaluators concur that the person has a diagnosed mental disorder so that he or she is likely to engage in acts of sexual violence without appropriate treatment and custody, the Director of State Hospitals shall forward a request for a petition for commitment under Section 6602 to the county designated in subdivision (i). Copies of the evaluation reports and any other supporting documents shall be made available to the attorney designated by the county pursuant to subdivision (i) who may file a petition for commitment. (e) If one of the professionals performing the evaluation pursuant to subdivision (d) does not concur that the person meets the criteria specified in subdivision (d), but the other professional concludes that the person meets those criteria, the Director of State Hospitals shall arrange for further examination of the person by two independent professionals selected in accordance with subdivision (g). (f) If an examination by independent professionals pursuant to subdivision (e) is conducted, a petition to request commitment under this article shall only be filed if both independent professionals who evaluate the person pursuant to subdivision (e) concur that the person meets the criteria for commitment specified in subdivision (d). The professionals selected to evaluate the person pursuant to subdivision (g) shall inform the person that the purpose of their examination is not treatment but to determine if the person meets certain criteria to be involuntarily committed pursuant to this article. It is not required that the person appreciate or understand that information. (g) Any independent professional who is designated by the Secretary of the Department of Corrections and Rehabilitation or the Director of State Hospitals for purposes of this section shall not be a state government employee, shall have at least five years of experience in the diagnosis and treatment of mental disorders, and shall include psychiatrists and licensed psychologists who have a doctoral degree in psychology. The requirements set forth in this section also shall apply to any professionals appointed by the court to evaluate the person for purposes of any other proceedings under this article. (h) If the State Department of State Hospitals determines that the person is a sexually violent predator as defined in this article, the Director of State Hospitals shall forward a request for a petition to be filed for commitment under this article to the county designated in subdivision (i). Copies of the evaluation reports and any other supporting documents shall be made available to the attorney designated by the county pursuant to subdivision (i) who may file a petition for commitment in the superior court. (i) If the county's designated counsel concurs with the recommendation, a petition for commitment shall be filed in the superior court of the county in which the person was convicted of the offense for which he or she was committed to the jurisdiction of the Department of Corrections and Rehabilitation. The petition shall be filed, and the proceedings shall be handled, by either the district attorney or the county counsel of that county. The county board of supervisors shall designate either the district attorney or the county counsel to assume responsibility for proceedings under this article. (j) The time limits set forth in this section shall not apply during the first year that this article is operative. (k) An order issued by a judge pursuant to Section 6601.5, finding that the petition, on its face, supports a finding of probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon his or her release, shall toll that person's parole pursuant to paragraph (4) of subdivision (a) of Section 3000 of the Penal Code, if that individual is determined to be a sexually violent predator. (l) Pursuant to subdivision (d), the attorney designated by the county pursuant to subdivision (i) shall notify the State Department of State Hospitals of its decision regarding the filing of a petition for commitment within 15 days of making that decision.(m) (1) The department shall provide the fiscal and policy committees of the Legislature, including the Chairperson of the Joint Legislative Budget Committee, and the Department of Finance, with a semiannual update on the progress made to hire qualified state employees to conduct the evaluation required pursuant to subdivision (d). The first update shall be provided no later than July 10, 2009.(2)(m) (1) On or before January 2, 2010, the department shall report to the Legislature on all of the following: (A) The costs to the department for the sexual offender commitment program attributable to the provisions in Proposition 83 of the November 2006 general election, otherwise known as Jessica's Law. (B) The number and proportion of inmates evaluated by the department for commitment to the program as a result of the expanded evaluation and commitment criteria in Jessica's Law. (C) The number and proportion of those inmates who have actually been committed for treatment in the program.(3)(2) This section shall remain in effect and be repealed on the date that the director executes a declaration, which shall be provided to the fiscal and policy committees of the Legislature, including the Chairperson of the Joint Legislative Budget Committee, and the Department of Finance, specifying that sufficient qualified state employees have been hired to conduct the evaluations required pursuant to subdivision (d), or January 1, 2013, whichever occurs first. SEC. 193. Section 10605.2 of the Welfare and Institutions Code is amended to read: 10605.2. If the director believes that a county probation department is substantially failing to comply with any provision of this code or any regulation pertaining to the placement activities required to be performed by the probation department to ensure that the needs of wards in placements whose board and care is funded through the Aid to Families with Dependent Children-Foster Care program are met, and the director determines that formal action may be necessary to secure compliance, he or she shall inform the chief probation officer, the presiding judge of the juvenile court, and the board of supervisors of that failure. The notice to the chief probation officer, the presiding judge of the juvenile court, and board of supervisors shall be in writing and shall allow the county probation department a specified period of time, not less than 30 days, to correct its failure to comply with the law or regulations. If within the specified period the county probation department does not comply or provide reasonable assurances in writing that it will comply within the additional time as the director may allow, the director may take one or both of the following actions: (a) Bring an action for injunctive relief to secure immediate compliance. Any county probation department that is found to be failing in a substantial manner to comply with the law or regulations pertaining to placement activities required to be performed by the probation department to ensure that the needs of wards in placement whose board and care is funded through the Aid to Families with Dependent Children-Foster Care program are met, may be enjoined by any court of competent jurisdiction. The court may make orders or judgments as may be necessary to secure county probation department compliance. (b) Order the county probation department to appear at a hearing before the directorwith the State Social Services Advisory Board Committee on Welfare and Social Servicesto show cause why the director should not take administrative action to secure compliance. The hearing shall be conducted pursuant to the rules and regulations of the department. If the director determines, based on the record established at thehearing and the advice of the State Social Services Advisory Board Committee on Welfare and Social Services,hearing, that the county probation department is failing to comply with the provisions of this code or the regulations pertaining to the placement activities required to be performed by the probation department to ensure that the needs of wards in placement funded through the Aid to Families with Dependent Children-Foster Care program are met, or if the State Personnel Board certifies to the director that a county probation department is not in conformity with established merit system standards under Part 2.5 (commencing with Section 19800) of Division 5 of Title 2 of the Government Code, and that administrative sanctions are necessary to secure compliance, the director may invoke either of the following sanctions: (1) Withhold all or part of state and federal funds from the county probation department until the county probation department demonstrates to the director that it has complied. (2) Assume, temporarily, direct responsibility for fulfilling the placement activities required by law and regulations to ensure that the needs of the wards in placement funded through the Aid to Families with Dependent Children-Foster Care program are met, until the time as the county probation department provides reasonable assurances to the director of its intention and ability to comply. During the period of direct state administrative responsibility, the director or his or her authorized representative shall have all of the powers and responsibilities of the chief probation officer with regard to placement requirements for wards whose board and care is funded through the Aid to Families with Dependent Children-Foster Care program, except that he or she shall not be subject to the authority of the board of supervisors. In the event that the director invokes sanctions pursuant to this section, the county probation department shall be responsible for providing any funds as may be necessary for the continued fulfillment of placement activities as required by law and regulation for the placement of wards whose board and care is funded through the Aid to Families with Dependent Children-Foster Care program administered on behalf of the department in the county probation department. If a county probation department fails or refuses to provide these funds, including a sufficient amount to reimburse any and all costs incurred by the department in performing the activities required for the placement of wards whose board and care is funded through the Aid to Families with Dependent Children-Foster Care program in the county probation department, the Controller may deduct an amount certified by the director as necessary for the continued operation of these programs by the department from any state or federal funds payable to the county probation department for any purpose. Nothing in this section shall be construed as preventing a county probation department from seeking judicial review under Section 1094.5 of the Code of Civil Procedure of any final decision of the director made after a hearing conducted under this section. This review shall be the exclusive remedy available to the county probation department for review of the director's decision. Nothing in this section shall be construed as preventing the director from bringing an action for writ of mandamus or any other action in court as may be appropriate to ensure that there is no interruption in the provision of benefits to any person eligible therefor under the provisions of this code or the regulations of the department. SEC. 194. Section 10614.5 of the Welfare and Institutions Code is amended to read: 10614.5. Upon the request of the Joint Legislative Budget Committee, the Department of Finance shallmake immediately availablepost on its Internet Web site data on monthly caseloads and expenditures for public social services programs supervised by the State Department of Social Services. In addition, this data shall be incorporated into and made an integral part of the budget data system. SEC. 195. Section 10791 of the Welfare and Institutions Code is amended to read: 10791. The demonstration program provided for in Section 10790 shall, at a minimum, include the following elements: (a) Uniform 30 percent disregard from gross earned income and waiver of the 100-hour limit on employment for AFDC-Unemployed recipient eligibility. (b) Uniform definition of allowable child care disregards for full- or part-time care. (c) It shall not be presumed that any transfer of property made within three months prior to the time the application was made for purposes of becoming eligible for CalFresh. (d) Exemption of personal loans as property where a reasonable repayment plan is in place. A reasonable repayment plan shall be defined as a statement from the lender specifying that the money shall be paid back at a future point in time when the individual is able to do so. (e) Use of standard shelter allowances based on local housing prices without verification in lieu of verified shelter costs. (f) Exclusion from income financial aid and work study payments that are computed based on need consistent with Section 11008.10. (g) Application of good cause determinations related to late submission of monthly income reports for CalFresh recipients who also receive AFDC benefits. (h) Qualification as categorically eligible for CalFresh any individual who is apparently eligible for or has been granted AFDC benefits. (i) Disregarding as income, for CalFresh, the first fifty dollars ($50) of child support received, as currently provided for under the AFDC program, to the extent federal funding is available. (j) Uniform treatment of room and board income, consistent with AFDC program regulations. (k) Requirement for signatures on monthly income reports, consistent with AFDC program regulations. ( l ) Standard deduction for expenses related to self-employment income. (m) Both programs shall exempt one motor vehicle from property to be considered in determining eligibility. (n) Both programs shall compute the value of any motor vehicle not exempt from consideration in determining eligibility by subtracting the amount of encumbrances from the fair market value. If an applicant, a recipient, or a county does not agree with the value of a vehicle arrived at through this methodology, the applicant or recipient shall be entitled to the use of either of the following methods for evaluating the motor vehicle: (1) Submit three appraisals. An appraisal may be made under this paragraph by a car dealer, insurance adjuster, or a personal property appraiser. The average of the three independent appraisals shall be used by the county in evaluating the motor vehicle. (2) Obtain an appraisal from a county-appointed appraiser. (o) Adoption of an exclusion from income for both the AFDC and CalFresh programs of one hundred dollars ($100) per quarter, in lieu of the AFDC nonrecurring gift exclusion and the federal Supplemental Nutrition Assistance Program irregular or infrequent income exclusion. (p) Standardization of county retention percentages for collection of erroneous payments. (q) Upon receipt of federal approval of this demonstration project the department, in consultation with the Department of Finance, may delay implementation of any elements determined to be not cost effective until funds are appropriated by the Legislature.The department shall report to the Legislature within that year on the reasons for the determination of non-cost-effectiveness and the changes necessary to make the element cost effective.SEC. 196. Section 11265.5 of the Welfare and Institutions Code is amended to read: 11265.5. (a) (1) The department may, subject to the requirements of federal regulations and Section 18204, conduct three pilot projects, to be located in the Counties of Los Angeles, Merced, and Santa Clara, upon approval of the department and the participating counties. The pilot projects shall test the reporting systems described in subparagraphs (A), (B), and (C) of paragraph (4). (2) (A) The pilot project conducted in Los Angeles County shall test one or both reporting systems described in subparagraphs (A) and (B) of paragraph (4). The pilot project population for each test shall be limited to 10,000 cases. (B) The pilot projects in the other counties shall test one of the reporting systems described in subparagraph (A) or (C) of paragraph (4) and shall be limited to 2,000 cases per project. (3) (A) The pilot projects shall be designed and conducted according to standard scientific principles, and shall be in effect for a period of 24 months. (B) The projects may be extended an additional year upon the approval of the department. (C) The projects shall be designed to compare the monthly reporting system with alternatives described in paragraph (4) as to all of the following phenomena: (i) Administrative savings resulting from reduced worker time spent in reviewing monthly reports. (ii) The amount of cash assistance paid to families. (iii) The rate of administrative errors in cases and payments. (iv) The incidence of underpayments and overpayments and the costs to recipients and the administering agencies of making corrective payments and collecting overpayments. (v) Rates at which recipients lose eligibility for brief periods due to failure to submit a monthly report but file new applications for aid and thereafter are returned to eligible status. (vi) Cumulative benefits and costs to each level of government and to aid recipients resulting from each reporting system. (vii) The incidence of, and ability to, prosecute fraud. (viii) Ease of use by clients. (ix) Case errors and potential sanction costs associated with those errors. (4) The pilot projects shall adopt reporting systems providing for one or more of the following: (A) A reporting system that requires families with no income or whose only income is comprised of old age, survivors, or disability insurance benefits administered pursuant to Subchapter 2 (commencing with Section 401) of Chapter 7 of Title 42 of the United States Code, and with no recent work history to report changes in circumstances that affect eligibility and grant amount as changes occur. These changes shall be reported directly to the county welfare department in person, in writing, or by telephone. In all cases in which monthly reporting is not required, a form advising recipients of what changes must be reported, and how they may be reported shall be provided to recipients of aid along with benefit payments each month. (B) A reporting system that permits families with no income or whose only income is comprised of old age, survivors, or disability insurance benefits administered pursuant to Subchapter 2 (commencing with Section 401) of Chapter 7 of Title 42 of the United States Code, and with no changes in eligibility criteria, to report electronically monthly, using either an audio response or the CalFresh online issuance and recording system, or a combination of both. Adequate instruction and training shall be provided to county welfare department staff and to recipients who choose to use this system prior to its implementation. (C) A reporting system that requires all families to report changes in circumstances that affect eligibility and grant amount as changes occur. The changes shall be reported directly to the county welfare department in person, in writing, or by telephone. In all cases in which monthly reporting is not required, a form advising recipients of what changes must be reported, and how they may be reported, shall be provided to recipients of aid along with benefit payments each month. (b) (1) The participating counties shall be responsible for preparing federal demonstration project proposals, to be submitted by the department, upon the department's review and approval of the proposals, to the federal agency on the counties' behalf. The development, operation, and evaluation of the pilot projects shall not result in an increase in the state allocation of county administrative funds. (1.5) Each pilot county shall prepare and submit quarterly reports, annual reports, and a final report to the department. (2) Each quarterly report shall be submitted no later than 30 calendar days after the end of the quarter. (3) Each annual report shall be submitted no later than 45 days after the end of the year. (4) (A) Each pilot county shall submit a final report not later than 90 days following completion of the pilot projects required by this section. (B) (i) As part of the final report, the pilot counties shall prepare and submit evaluations of the pilot projects to the department. (ii) Each evaluation shall include, but not be limited to, an analysis of the factors set forth in paragraph (3) of subdivision (a) compared to each other and the current reporting systems in both the AFDC program and CalFresh. The final evaluations shall be prepared by an independent consultant or consultants contracted with for that purpose prior to the commencement of the projects.(C) The department shall review and approve the evaluations submitted by the pilot counties and shall submit them to the appropriate policy and fiscal committees of the Legislature.(c) The department may terminate any or all of the pilot projects implemented pursuant to this section after a period of six months of operation if one or more of the pilot counties submits data to the department, or information is otherwise received, indicating that the pilot project or projects are not cost-effective or adversely impact recipients or county or state operations based on the factors set forth in subparagraph (C) of paragraph (3) of subdivision (a). (d) The pilot projects shall be implemented only upon receipt of the appropriate federal waivers. SEC. 197. Section 14005.30 of the Welfare and Institutions Code is amended to read: 14005.30. (a) (1) To the extent that federal financial participation is available, Medi-Cal benefits under this chapter shall be provided to individuals eligible for services under Section 1396u-1 of Title 42 of the United States Code, including any options under Section 1396u-1(b)(2)(C) made available to and exercised by the state. (2) The department shall exercise its option under Section 1396u-1 (b)(2)(C) of Title 42 of the United States Code to adopt less restrictive income and resource eligibility standards and methodologies to the extent necessary to allow all recipients of benefits under Chapter 2 (commencing with Section 11200) to be eligible for Medi-Cal under paragraph (1). (3) To the extent federal financial participation is available, the department shall exercise its option under Section 1396u-1(b)(2) (C) of Title 42 of the United States Code authorizing the state to disregard all changes in income or assets of a beneficiary until the next annual redetermination under Section 14012. The department shall implement this paragraph only if, and to the extent that the State Child Health Insurance Program waiver described in Section 12693.755 of the Insurance Code extending Healthy Families Program eligibility to parents and certain other adults is approved and implemented. (b) To the extent that federal financial participation is available, the department shall exercise its option under Section 1396u-1(b)(2)(C) of Title 42 of the United States Code as necessary to expand eligibility for Medi-Cal under subdivision (a) by establishing the amount of countable resources individuals or families are allowed to retain at the same amount medically needy individuals and families are allowed to retain, except that a family of one shall be allowed to retain countable resources in the amount of three thousand dollars ($3,000). (c) To the extent federal financial participation is available, the department shall, commencing March 1, 2000, adopt an income disregard for applicants equal to the difference between the income standard under the program adopted pursuant to Section 1931(b) of the federal Social Security Act (42 U.S.C. Sec. 1396u-1) and the amount equal to 100 percent of the federal poverty level applicable to the size of the family. A recipient shall be entitled to the same disregard, but only to the extent it is more beneficial than, and is substituted for, the earned income disregard available to recipients. (d) For purposes of calculating income under this section during any calendar year, increases in social security benefit payments under Title II of the federal Social Security Act (42 U.S.C. Sec. 401 and following) arising from cost-of-living adjustments shall be disregarded commencing in the month that these social security benefit payments are increased by the cost-of-living adjustment through the month before the month in which a change in the federal poverty level requires the department to modify the income disregard pursuant to subdivision (c) and in which new income limits for the program established by this section are adopted by the department. (e) Subdivision (b) shall be applied retroactively to January 1, 1998. (f) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall implement, without taking regulatory action, subdivisions (a) and (b) of this section by means of an all county letter or similar instruction. Thereafter, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.Beginning six months after the effective date of this section, the department shall provide a status report to the Legislature on a semiannual basis until regulations have been adopted.SEC. 198. Section 14021.31 of the Welfare and Institutions Code is amended to read: 14021.31.(a)The department, in collaboration with the State Department of Alcohol and Drug Programs, shall develop an administrative and programmatic transition plan to guide the transfer of the Drug Medi-Cal program to the department effective July 1, 2012.(1)(a) Commencing no later than July 15, 2011, the department, together with the State Department of Alcohol and Drug Programs, shall convene stakeholders to receive input from consumers, family members, providers, counties, and representatives of the Legislature concerning the transfer of the administration of Drug Medi-Cal functions currently performed by the State Department of Alcohol and Drug Programs to the department. This consultation shall inform the creation of an administrative and programmatic transition plan that shall include, but is not limited to, the following components:(A)(1) Plans for how to review monthly billing from counties to monitor and prevent any disruptions of service to Drug Medi-Cal beneficiaries during and immediately after the transition, and a description of how the department intends to approach the longer-term development of measures for access and quality of service.(B)(2) A detailed description of the Drug Medi-Cal administrative functions currently performed by the State Department of Alcohol and Drug Programs.(C)(3) Explanations of the operational steps, timelines, and key milestones for determining when and how each of these functions will be transferred. These explanations shall also be developed for the transition of position and staff serving the Drug Medi-Cal program and how these will relate to and align with positions for the Medi-Cal program at the department. The department shall consult with the Department of Personnel Administration in developing this aspect of the transition plan.(D)(4) A list of any planned or proposed changes or efficiencies in how the functions will be performed, including the anticipated fiscal and programmatic impacts of the changes.(E)(5) A detailed organization chart that reflects the planned staffing at the department, taking into account the requirements of subparagraphs (A) to (C), inclusive, and includes focused, high-level leadership for behavioral health issues.(F)(6) A description of how stakeholders were included in the initial planning process to formulate the transition plan, and a description of how their feedback will be taken into consideration after transition activities are underway.(2)(b) The department, together with the State Department of Alcohol and Drug Programs, shall convene and consult with stakeholders at least once following production of a draft of the transition plan and before submission of that plan to the Legislature. Continued consultation with stakeholders shall occur in accordance with the requirement in subparagraph (F) of paragraph (1).(3) The department shall provide the transition plan described in paragraph (1) to all fiscal committees and appropriate policy committees of the Legislature by October 1, 2011, and shall provide additional updates to the Legislature during budget subcommittee hearings after that date, as necessary.(b) The requirement for submitting a report imposed under paragraph (3) of subdivision (a) is inoperative on October 1, 2015, pursuant to Section 10231.5 of the Government Code.SEC. 199. Section 14022.4 of the Welfare and Institutions Code is amended to read: 14022.4. (a) Any nursing facility or any category of intermediate care facility for the developmentally disabled currently certified to participate in the Medi-Cal program may not voluntarily withdraw from the program unless all of the following conditions are met: (1) The facility shall file with the department a notice of intent to withdraw from the Medi-Cal program. (2) Except for patients to be transferred or discharged only for medical reasons, or for patients' welfare or that of other patients, or for nonpayment for his or her stay, the facility shall not subsequently evict any Medi-Cal recipient or private pay patient residing in the facility at the time the notice of intent to withdraw from the Medi-Cal program is filed. (3) Patients admitted to the facility on or after the date of the notice of intent to withdraw from the Medi-Cal program shall be advised orally and in writing of both the following: (A) That the facility intends to withdraw from the Medi-Cal program. (B) That notwithstanding Section 14124.7, the facility is not required to keep a new resident who converts from private pay to Medi-Cal. (b) Subdivision (a) shall not apply to facilities that have filed, prior to May 1, 1987, a notice of intent to withdraw from the Medi-Cal program. (c) The department shall notify the appropriate substate ombudsmen monthly as to which facilities have filed a notice of intent to withdraw from the Medi-Cal program. This information shall also be made available to the public and noted in facility files available in each district office. (d) The facility may formally withdraw from the Medi-Cal program when all patients residing in the facility at the time the facility filed the notice of intent to withdraw from the Medi-Cal program no longer reside in the facility. (e) If a facility that has withdrawn as a Medi-Cal provider pursuant to this section subsequently reapplies to the department to become a Medi-Cal provider, the department shall require as a condition of becoming a Medi-Cal provider that the facility enter into a five-year Medi-Cal provider contract with the department. (f)(1)This section shall be inoperative in the event federal law or federal or state appellate judicial decisions prohibit implementation or invalidate any part of this section.(2) In the event of any occurrence which renders this section inoperative pursuant to paragraph (1), the department shall within 30 days, report that information to the Legislature.(g) (1) This section does not apply to any facility which ceases operations entirely. (2) For purposes of this subdivision, "ceases operations entirely" means not being in operation for a period of not less than 12 months. SEC. 200. Section 14067 of the Welfare and Institutions Code is amended to read: 14067. (a) The department, in conjunction with the Managed Risk Medical Insurance Board, may develop and conduct a community outreach and education campaign to help families learn about, and apply for, Medi-Cal and the Healthy Families Program of the Managed Risk Medical Insurance Board, subject to the requirements of federal law. In conducting this campaign, the department may seek input from, and contract with, various entities and programs that serve children, including, but not limited to, the State Department of Education, counties, Women, Infants, and Children program agencies, Head Start and Healthy Start programs, and community-based organizations that deal with potentially eligible families and children to assist in the outreach, education, and application completion process. The department shall implement the campaign if funding is provided for this purpose by an appropriation in the annual Budget Act or other statute.(b) An annual outreach plan shall be submitted to the Legislature by April 1 for each fiscal year for those years for which there is funding in the annual Budget Act or other statute for the outreach and education campaign. The plan shall address both the Medi-Cal program for children and the Healthy Families Program and, at a minimum, shall include the following:(1) Specific milestones and objectives to be completed for the upcoming year and their anticipated cost.(2) A general description of each strategy or method to be used for outreach.(3) Geographic areas and special populations to be targeted, if any, and why the special targeting is needed.(4) Coordination with other state or county education and outreach efforts.(5) The results of previous year outreach efforts.(c)(b) In implementing this section, the department may amend any existing or future media outreach campaign contract that it has entered into pursuant to Section 14148.5. Notwithstanding any other provision of law, any such contract entered into, or amended, as required to implement this section, shall be exempt from the approval of the Director of General Services and from the provisions of the Public Contract Code.(d)(c) (1) The department, in conjunction with the Managed Risk Medical Insurance Board, may award contracts to community-based organizations to help families learn about, and enroll in, the Medi-Cal program and Healthy Families Program, and other health care programs for low-income children. The department shall implement this subdivision if funding is provided for this purpose by an appropriation in the annual Budget Act or other statute. (2) Contracts for these outreach and enrollment projects shall be awarded based on, but not limited to, all of the following criteria: (A) Capacity to reach populations or geographic areas with disproportionately low enrollment rates. If it is not possible to estimate the number of uninsured children in a geographic area who are eligible for the Medi-Cal program or the Healthy Families Program, proxy measures for rates of eligible children may be used. These measures may include, but are not limited to, the number of children in families with gross annual household incomes at or below the federal poverty levels pertinent to the programs. (B) Organizational capacity and experience, including, but not limited to, any of the following: (i) Organizational experience in serving low-income families. (ii) Ability to work effectively with populations that have disproportionately low enrollment rates. (iii) Organizational experiences in helping families learn about, and enroll in, the Medi-Cal program and Healthy Families Program. Organizations that do not have experience helping families learn about, and enroll in, the Medi-Cal program and Healthy Families Program shall be eligible only to the extent that they support and collaborate with the outreach and enrollment activities of entities with that experience. (C) Effectiveness of the outreach and education plan, including, but not limited to, all of the following: (i) Culturally and linguistically appropriate outreach and education strategies. (ii) Strategies to identify and address barriers to enrollment, such as transportation limitations and community perceptions regarding the Medi-Cal program and Healthy Families Program. (iii) Coordination with other outreach efforts in the community, including the statewide Healthy Families Program and Medi-Cal program outreach campaign, the state and federally funded county Medi-Cal outreach program, and any other Medi-Cal program and Healthy Families Program outreach projects in the target community. (iv) Collaboration with other local organizations that serve families of eligible children. (v) Strategies to ensure that children and families retain coverage and are informed of options for health coverage and services when they lose eligibility for a particular program. (vi) Plans to inform families about all available health care programs and services. SEC. 201. Section 14087.305 of the Welfare and Institutions Code is amended to read: 14087.305. (a) In areas specified by the director for expansion of the Medi-Cal managed care program under Section 14087.3 and where the department is contracting with a prepaid health plan that is contracting with, governed, owned or operated by a county board of supervisors, a county special commission or county health authority authorized by Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.96, a Medi-Cal or California Work Opportunity and Responsibility for Kids (CalWORKs) applicant or beneficiary shall be informed of the health care options available regarding methods of receiving Medi-Cal benefits. The county shall ensure that each beneficiary is informed of these options and informed that a health care options presentation is available. (b) The managed care options information described in subdivision (a) shall include the following elements: (1) Each beneficiary or eligible applicant shall be provided, at a minimum, with the name, address, telephone number, and specialty, if any, of each primary care provider, by specialty, or clinic, participating in each managed care health plan option through a personalized provider directory for that beneficiary or applicant. This information shall be presented under the geographic area designations, by the name of the primary care provider and clinic and shall be updated based on information electronically provided monthly by the health care plans to the department, setting forth any changes in the health care plan's provider network. The geographic areas shall be based on the applicant's residence address, the minor applicant's school address, the applicant's work address, or any other factor deemed appropriate by the department, in consultation with health plan representatives, legislative staff, and consumer stakeholders. In addition, directories of the entire service area of the local initiative and commercial plan provider networks, including, but not limited to, the name, address, and telephone number of each primary care provider and hospital, shall be made available to beneficiaries or applicants who request them from the health care options contractor. Each personalized provider directory shall include information regarding the availability of a directory of the entire service area, provide telephone numbers for the beneficiary to request a directory of the entire service area, and include a postage-paid mail card to send for a directory of the entire service area. The personalized provider directory shall be implemented as a pilot project in Los Angeles County pursuant to this article, and in Sacramento County (Geographic Managed Care Model) pursuant to Article 2.91 (commencing with Section 14089). The content, form, and the geographic areas used in the personalized provider directories shall be determined by the department, in consultation with a workgroup to include health plan representatives, legislative staff, and consumer stakeholders, with an emphasis on the inclusion of stakeholders from Los Angeles and Sacramento Counties. The personalized provider directories may include a section for each health plan. Prior to implementation of the pilot project, the department, in consultation with consumer stakeholders, legislative staff, and health plans, shall determine the parameters, methodology, and evaluation process of the pilot project. The pilot project shall thereafter be in effect for a minimum of two years.Three months prior to the end of the first two years of the pilot project, the department shall promptly provide the fiscal and policy committees of the Legislature with an evaluation of the personalized provider directory pilot project and its impact on the Medi-Cal managed care program, including whether the pilot project resulted in a reduction of default assignments and a more informed choice process for beneficiaries, and its overall cost-benefit to the state.Following two years of operation as a pilot project in twocounties and submission ofcounties, theevaluation to the Legislature, thedepartment, in consultation with consumer stakeholders, legislative staff, and health plans, shall determine whether to implement personalized provider directories as a permanent program statewide.This determination shall be based on the outcomes set forth in the evaluation provided to the Legislature.If necessary, the pilot project shall continue beyond the initial two-year period until this determination is made. This pilot project shall only be implemented to the extent that it is budget neutral to the department. (2) Each beneficiary or eligible applicant shall be informed that he or she may choose to continue an established patient-provider relationship in a managed care option, if his or her treating provider is a primary care provider or clinic contracting with any of the prepaid health plan options available and has available capacity and agrees to continue to treat that beneficiary or applicant. (3) Each beneficiary or eligible applicant shall be informed that if he or she fails to make a choice, he or she shall be assigned to, and enrolled in, a prepaid health plan. (c) No later than 30 days following the date a Medi-Cal or CalWORKs beneficiary or applicant is determined eligible for Medi-Cal, the beneficiary shall indicate his or her choice, in writing, from among the available prepaid health plans in the region and his or her choice of primary care provider or clinic contracting with the selected prepaid health plan. Notwithstanding the 30-day deadline set forth in this subdivision, if a beneficiary requests a directory for the entire service area within 30 days of receiving an enrollment form, the deadline for choosing a plan shall be extended an additional 30 days from the date of the request. (d) At the time the beneficiary or eligible applicant selects a prepaid health plan, the department shall, when applicable, encourage the beneficiary or eligible applicant to also indicate, in writing, his or her choice of primary care provider or clinic contracting with the selected prepaid health plan. (e) In areas specified by the director for expansion of the Medi-Cal managed care program under Section 14087.3, and where the department is contracting with a prepaid health plan that is contracting with, governed, owned or operated by a county board of supervisors, a county special commission or county health authority authorized by Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.96, a Medi-Cal or CalWORKs beneficiary who does not make a choice of managed care plans, shall be assigned to and enrolled in an appropriate Medi-Cal prepaid health plan providing service within the area in which the beneficiary resides. (f) If a beneficiary or eligible applicant does not choose a primary care provider or clinic, or does not select any primary care provider who is available, the prepaid health plan that was selected by or assigned to the beneficiary shall ensure that the beneficiary selects a primary care provider or clinic within 30 days after enrollment or is assigned to a primary care provider within 40 days after enrollment. (g) Any Medi-Cal or CalWORKs beneficiary dissatisfied with the primary care provider or prepaid health plan shall be allowed to select or be assigned to another primary care provider within the same prepaid health plan. In addition, the beneficiary shall be allowed to select or be assigned to another prepaid health plan contracted for pursuant to this article that is in effect for the geographic area in which he or she resides, in accordance with Section 1903(m)(2)(F)(ii) of the Social Security Act. (h) The department or its contractor shall notify a prepaid health plan when it has been selected by or assigned to a beneficiary. The prepaid health plan that has been selected by or assigned to a beneficiary shall notify the primary care provider that has been selected or assigned. The prepaid health plan shall also notify the beneficiary of the prepaid health plan and primary care provider or clinic selected or assigned. (i) (1) The managed health care plan shall have a valid Medi-Cal contract, adequate capacity, and appropriate staffing to provide health care services to the beneficiary. (2) The department shall establish standards for all of the following: (A) The maximum distances a beneficiary is required to travel to obtain primary care services from the managed care plan, in which the beneficiary is enrolled. (B) The conditions under which a primary care service site shall be accessible by public transportation. (C) The conditions under which a managed care plan shall provide nonmedical transportation to a primary care service site. (3) In developing the standards required by paragraph (2) the department shall take into account, on a geographic basis, the means of transportation used and distances typically traveled by Medi-Cal beneficiaries to obtain fee-for-service primary care services and the experience of managed care plans in delivering services to Medi-Cal enrollees. The department shall also consider the provider's ability to render culturally and linguistically appropriate services. (j) To the extent possible, the arrangements for carrying out subdivision (e) shall provide for the equitable distribution of Medi-Cal beneficiaries among participating prepaid health plans, or managed care plans. (k) This section shall be implemented in a manner consistent with any federal waiver required to be obtained by the department in order to implement this section. SEC. 202. Section 14089 of the Welfare and Institutions Code is amended to read: 14089. (a) The purpose of this article is to provide a comprehensive program of managed health care plan services to Medi-Cal recipients residing in clearly defined geographical areas. It is, further, the purpose of this article to create maximum accessibility to health care services by permitting Medi-Cal recipients the option of choosing from among two or more managed health care plans or fee-for-service managed case arrangements, including, but not limited to, health maintenance organizations, prepaid health plans, and primary care case management plans. Independent practice associations, health insurance carriers, private foundations, and university medical centers systems, not-for-profit clinics, and other primary care providers, may be offered as choices to Medi-Cal recipients under this article if they are organized and operated as managed care plans, for the provision of preventive managed health care plan services. (b) The department may seek proposals and then shall enter into contracts based on relative costs, extent of coverage offered, quality of health services to be provided, financial stability of the health care plan or carrier, recipient access to services, cost-containment strategies, peer and community participation in quality control, emphasis on preventive and managed health care services and the ability of the health plan to meet all requirements for both of the following: (1) Certification, where legally required, by the Director of the Department of Managed Health Care and the Insurance Commissioner. (2) Compliance with all of the following: (A) The health plan shall satisfy all applicable state and federal legal requirements for participation as a Medi-Cal managed care contractor. (B) The health plan shall meet any standards established by the department for the implementation of this article. (C) The health plan receives the approval of the department to participate in the pilot project under this article. (c) (1) (A) The proposals shall be for the provision of preventive and managed health care services to specified eligible populations on a capitated, prepaid, or postpayment basis. (B) Enrollment in a Medi-Cal managed health care plan under this article shall be voluntary for beneficiaries eligible for the federal Supplemental Security Income for the Aged, Blind, and Disabled Program (Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code). (2) The cost of each program established under this section shall not exceed the total amount that the department estimates it would pay for all services and requirements within the same geographic area under the fee-for-service Medi-Cal program. (d) (1) An eligible beneficiary shall be entitled to enroll in any health care plan contracted for pursuant to this article that is in effect for the geographic area in which he or she resides. The department shall make available to recipients information summarizing the benefits and limitations of each health care plan available pursuant to this section in the geographic area in which the recipient resides. A Medi-Cal or CalWORKs applicant or beneficiary shall be informed of the health care options available regarding methods of receiving Medi-Cal benefits. The county shall ensure that each beneficiary is informed of these options and informed that a health care options presentation is available. (2) No later than 30 days following the date a Medi-Cal or CalWORKs recipient is informed of the health care options described in paragraph (1), the recipient shall indicate his or her choice, in writing, of one of the available health care plans and his or her choice of primary care provider or clinic contracting with the selected health care plan. Notwithstanding the 30-day deadline set forth in this paragraph, if a beneficiary requests a directory for the entire service area within 30 days of the date of receiving an enrollment form, the deadline for choosing a plan shall be extended an additional 30 days from the date of that request. (3) The health care options information described in this subdivision shall include the following elements: (A) Each beneficiary or eligible applicant shall be provided, at a minimum, with the name, address, telephone number, and specialty, if any, of each primary care provider, by specialty or clinic participating in each managed health care plan option through a personalized provider directory for that beneficiary or applicant. This information shall be presented under the geographic area designations by the name of the primary care provider and clinic, and shall be updated based on information electronically provided monthly by the health care plans to the department, setting forth changes in the health care plan provider network. The geographic areas shall be based on the applicant's residence address, the minor applicant's school address, the applicant's work address, or any other factor deemed appropriate by the department, in consultation with health plan representatives, legislative staff, and consumer stakeholders. In addition, directories of the entire service area, including, but not limited to, the name, address, and telephone number of each primary care provider and hospital, of all Geographic Managed Care health plan provider networks shall be made available to beneficiaries or applicants who request them from the health care options contractor. Each personalized provider directory shall include information regarding the availability of a directory of the entire service area, provide telephone numbers for the beneficiary to request a directory of the entire service area, and include a postage-paid mail card to send for a directory of the entire service area. The personalized provider directory shall be implemented as a pilot project in Sacramento County pursuant to this article, and in Los Angeles County (Two-Plan Model) pursuant to Article 2.7 (commencing with Section 14087.305). The content, form, and geographic areas used shall be determined by the department in consultation with a workgroup to include health plan representatives, legislative staff, and consumer stakeholders, with an emphasis on the inclusion of stakeholders from Los Angeles and Sacramento Counties. The personalized provider directories may include a section for each health plan. Prior to implementation of the pilot project, the department, in consultation with consumer stakeholders, legislative staff, and health plans, shall determine the parameters, methodology, and evaluation process of the pilot project. The pilot project shall thereafter be in effect for a minimum of two years.Three months prior to the end of the first two years of the pilot project, the department shall promptly provide the fiscal and policy committees of the Legislature with an evaluation of the personalized provider directory pilot project and its impact on the Medi-Cal managed care program, including whether the pilot project resulted in a reduction of default assignments and a more informed choice process for beneficiaries, and its overall cost-benefit to the state.Following two years of operation as a pilot project in twocounties and submission ofcounties, theevaluation to the Legislature, thedepartment, in consultation with consumer stakeholders, legislative staff, and health plans, shall determine whether to implement personalized provider directories as a permanent program statewide.This determination shall be based on the outcomes set forth in the evaluation provided to the Legislature.If necessary, the pilot project shall continue beyond the initial two-year period until this determination is made. This pilot project shall only be implemented to the extent that it is budget neutral to the department. (B) Each beneficiary or eligible applicant shall be informed that he or she may choose to continue an established patient-provider relationship in a managed care option, if his or her treating provider is a primary care provider or clinic contracting with any of the health plans available and has the available capacity and agrees to continue to treat that beneficiary or eligible applicant. (C) Each beneficiary or eligible applicant shall be informed that if he or she fails to make a choice, he or she shall be assigned to, and enrolled in, a health care plan. (4) At the time the beneficiary or eligible applicant selects a health care plan, the department shall, when applicable, encourage the beneficiary or eligible applicant to also indicate, in writing, his or her choice of primary care provider or clinic contracting with the selected health care plan. (5) Commencing with the implementation of a geographic managed care project in a designated county, a Medi-Cal or CalWORKs beneficiary who does not make a choice of health care plans in accordance with paragraph (2), shall be assigned to and enrolled in an appropriate health care plan providing service within the area in which the beneficiary resides. (6) If a beneficiary or eligible applicant does not choose a primary care provider or clinic, or does not select a primary care provider who is available, the health care plan selected by or assigned to the beneficiary shall ensure that the beneficiary selects a primary care provider or clinic within 30 days after enrollment or is assigned to a primary care provider within 40 days after enrollment. (7) A Medi-Cal or CalWORKs beneficiary dissatisfied with the primary care provider or health care plan shall be allowed to select or be assigned to another primary care provider within the same health care plan. In addition, the beneficiary shall be allowed to select or be assigned to another health care plan contracted for pursuant to this article that is in effect for the geographic area in which he or she resides in accordance with Section 1903(m)(2)(F)(ii) of the Social Security Act. (8) The department or its contractor shall notify a health care plan when it has been selected by or assigned to a beneficiary. The health care plan that has been selected or assigned by a beneficiary shall notify the primary care provider that has been selected or assigned. The health care plan shall also notify the beneficiary of the health care plan and primary care provider selected or assigned. (9) This section shall be implemented in a manner consistent with any federal waiver that is required to be obtained by the department to implement this section. (e) A participating county may include within the plan or plans providing coverage pursuant to this section, employees of county government, and others who reside in the geographic area and who depend upon county funds for all or part of their health care costs. (f) Funds may be provided to prospective contractors to assist in the design, development, and installation of appropriate programs. The award of these funds shall be based on criteria established by the department. (g) In implementing this article, the department may enter into contracts for the provision of essential administrative and other services. Contracts entered into under this subdivision may be on a noncompetitive bid basis and shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. (h) Notwithstanding any other provision of law, on and after the effective date of the act adding this subdivision, the department shall have exclusive authority to set the rates, terms, and conditions of geographic managed care contracts and contract amendments under this article. As of that date, all references to this article to the negotiator or to the California Medical Assistance Commission shall be deemed to mean the department. (i) Notwithstanding subdivision (q) of Section 6254 of the Government Code, a contract or contract amendments executed by both parties after the effective date of the act adding this subdivision shall be considered a public record for purposes of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and shall be disclosed upon request. This subdivision includes contracts that reveal the department's rates of payment for health care services, the rates themselves, and rate manuals. SEC. 203. Section 14089.05 of the Welfare and Institutions Code is amended to read: 14089.05. (a) (1) The department may implement a multiplan project in the County of San Diego, upon approval of the Board of Supervisors of the County of San Diego, for the provision of benefits under this chapter to eligible Medi-Cal recipients. The multiplan project implemented in San Diego County pursuant to this section shall provide diagnostic, therapeutic, and preventive services provided under the Medi-Cal program, and additional benefits including, but not limited to, medical-related transportation, comprehensive patient management, and referral to other support services. (2) The County of San Diego shall be eligible to receive funds transferred pursuant to paragraph (1) of subdivision (p) of Section 14163 for the development and implementation of this section. These funds in the amount allocated by the department for the County of San Diego shall be paid by the department upon the enactment of this section to the County of San Diego to reimburse a portion of the costs of the development of the project. To the full extent permitted by state and federal law, these funds shall be distributed by the department for expenditure by the County of San Diego in a manner that qualifies for federal financial participation under the Medicaid Program and the department shall expedite the payment of the federal funds to the County of San Diego. The department shall seek additional state, federal, and other funds to pay for costs that are incurred by the County of San Diego to develop the multiplan project in excess of the payment required by this section, and the department shall assist the county in obtaining the additional funds. (b) (1) The County of San Diego may establish two advisory boards, one of which shall be composed of consumer representatives and the other of which shall be composed of health care professional's representatives. Each board shall advise the Department of Health Services of the County of San Diego and review and comment on all aspects of the implementation of the multiplan project. At least one of the members of each advisory board shall be appointed by the board of supervisors. The board of supervisors shall establish a number of members to serve on each advisory board, with each supervisor to appoint an equal number of members from his or her district. Each advisory board shall vote on all pilot project policies and issues that are submitted to the board of supervisors. (2) Notwithstanding any other provision of law, a member of an advisory board established pursuant to this section shall not be deemed to be interested in a contract entered into by the department within the meaning of Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code if the member is a Medi-Cal recipient or if all of the following apply: (A) The member was appointed to represent the interests of physicians, health care practitioners, hospitals, pharmacies, or other health care organizations. (B) The contract authorizes the member or the organization the member represents to provide Medi-Cal services under the multiplan project. (C) The contract contains substantially the same terms and conditions as contracts entered into with other individuals or organizations the member was appointed to represent. (D) The member does not influence or attempt to influence the joint advisory board or another member of the joint advisory board to recommend that the department enter into the contract in which the member is interested. (E) The member discloses the interest to the joint advisory board and abstains from voting on any recommendation on the contract. (F) The advisory board notes the member's disclosure and abstention in its official records. (3) Members of the advisory boards shall not be paid compensation for activities relating to their duties as members, but members who are Medi-Cal recipients shall be reimbursed an appropriate amount by the County of San Diego for travel and child care expenses incurred in performing their duties under this section. (c) At the discretion of the department, the County of San Diego, the department, or other appropriate entities may perform any of the following in a manner that accomplishes the integration of the intake of eligible beneficiaries to the project, the assessment of beneficiary individual and family needs and circumstances, and the timely referral of beneficiaries to health care and other services to respond to their individual and family needs: (1) Determine the eligibility of Medi-Cal applicants and recipients in a manner and environment that is accessible to the recipients and applicants. (2) Perform enrollment activities in a manner that ensures that recipients be given the opportunity to select the provider of their choice in a manner and environment that is accessible to the recipients. (3) The department may negotiate and amend its contract with the county to provide for specified quality improvement activities, and may require each of the health plans to participate in those activities. The department shall also participate in the county's quality improvement activities. (d) Notwithstanding Section 14089 or any other provision of law, the County of San Diego, when contracting with the department pursuant to this section or subdivision (d), (i), or (j) of Section 14089, shall not be liable for damages for injury to persons or property arising out of the actions or inactions of the department, the department's other contractors, or providers of health care or other services, or Medi-Cal recipients. This section shall not relieve the County of San Diego from liability arising out of its actions or inactions. (e) The County of San Diego, when contracting with the department pursuant to Section 14089 or this section, shall have no legal duty to provide health care or other services to Medi-Cal recipients, and shall have no financial responsibility for the department's other contractors or providers of health care or other services, except to the extent specifically set forth in contracts between the department and the county. (f) Notwithstanding Section 14089.6, the department may terminate any existing managed care contract with either a prepaid health plan or a primary care case management plan for services in the County of San Diego in accordance with the terms and conditions set forth in the existing contract, at any time that the department determines that termination is in the best interest of the state. The department shall notify an existing prepaid health plan at least 90 days prior to termination. The department shall notify a primary care case management plan at least 30 days prior to termination. (g) All contracts entered into by the department and the County of San Diego pursuant to Section 14089 or this section shall not be for the benefit of any third party, and no third-party beneficiary relationship shall be established between the county and any other party, except as may be specifically set forth in contracts between the department and the County of San Diego.(h) The department shall report to the appropriate committees of the Legislature on the project implemented pursuant to this section.(i)(h) (1) For purposes of this section, "multiplan project" means a program authorized by this section in which a number of Knox-Keene licensed health plans designated by the county and approved by the department shall be the only Medi-Cal managed care health plans authorized to operate within San Diego County, with the exception of special projects approved by the department. (2) Designated health plans shall include, but not be limited to, health plans sponsored by traditional Medi-Cal physicians, neighborhood health centers, community clinics, health systems, including hospitals and other providers, or a combination thereof. (3) Participating health plans shall first be designated by the county for approval by the department. Health plans approved by the department shall be eligible to contract with the department. Designation by the county and approval by the department provides the health plan only with the opportunity to compete for a contract and does not guarantee a contract with the state. (4) Designation requirements imposed by the county shall not conflict with the requirements imposed by the department, the federal Medicaid Program, and the Medi-Cal program, and may not impose stricter requirements, without the department's approval, than those imposed by the department, the federal Medicaid Program, and the Medi-Cal program. (5) Designation of health plans by the county will continue for the term of the Medi-Cal contract.(j)(i) Nothing in this section relieves the county of duties or liabilities imposed by Part 5 (commencing with Section 17000) or which it has assumed through contract with entities other than the department.(k)(j) Indian health facilities in San Diego County may contract directly with the department as Medi-Cal fee-for-service case management providers apart from the geographic managed care program or may participate in the network of one or more of the geographic managed care plans. Indian health service facilities that contract with the department as fee-for-service case management providers may enroll Medi-Cal recipients, including, but not limited to, recipients who are in any of the geographic managed care mandatory enrollment aid codes. SEC. 204. Section 14091.3 of the Welfare and Institutions Code is amended to read: 14091.3. (a) For purposes of this section, the following definitions shall apply: (1) "Medi-Cal managed care plan contracts" means those contracts entered into with the department by any individual, organization, or entity pursuant to Article 2.7 (commencing with Section 14087.3), Article 2.8 (commencing with Section 14087.5), or Article 2.91 (commencing with Section 14089) of this chapter, or Article 1 (commencing with Section 14200) or Article 7 (commencing with Section 14490) of Chapter 8, or Chapter 8.75 (commencing with Section 14591). (2) "Medi-Cal managed care health plan" means an individual, organization, or entity operating under a Medi-Cal managed care plan contract with the department under this chapter, Chapter 8 (commencing with Section 14200), or Chapter 8.75 (commencing with Section 14591). (b) The department shall take all appropriate steps to amend the Medicaid State Plan, if necessary, to carry out this section. This section shall be implemented only to the extent that federal financial participation is available. (c) (1) Any hospital that does not have in effect a contract with a Medi-Cal managed care health plan, as defined in paragraph (2) of subdivision (a), that establishes payment amounts for services furnished to a beneficiary enrolled in that plan shall accept as payment in full, from all these plans, the following amounts: (A) For outpatient services, the Medi-Cal fee-for-service (FFS) payment amounts. (B) For emergency inpatient services, the average per diem contract rate specified in paragraph (2) of subdivision (b) of Section 14166.245, except that the payment amount shall not be reduced by 5 percent, until July 1, 2013, and thereafter, the average contract rate specified in Section 1396u-2(b)(2) of Title 42 of the United States Code. For the purposes of this subparagraph, this payment amount shall apply to all hospitals, including hospitals that contract with the department under the Medi-Cal Selective Provider Contracting Program described in Article 2.6 (commencing with Section 14081), and small and rural hospitals specified in Section 124840 of the Health and Safety Code. (C) For poststabilization services following an emergency admission, payment amounts shall be consistent with Section 438.114 (e) of Title 42 of the Code of Federal Regulations. This paragraph shall only be implemented to the extent that contract amendment language providing for these payments is approved by CMS. For purposes of this subparagraph, this payment amount shall apply to all hospitals, including hospitals that contract with the department under the Medi-Cal Selective Provider Contracting Program pursuant to Article 2.6 (commencing with Section 14081). (2) The rates established in paragraph (1) for emergency inpatient services and poststabilization services shall remain in effect only until the department implements the payment methodology based on diagnosis-related groups pursuant to Section 14105.28. (3) Upon implementation of the payment methodology based on diagnosis-related groups pursuant to Section 14105.28, any hospital described in paragraph (1) shall accept as payment in full for inpatient hospital services, including both emergency inpatient services and poststabilization services related to an emergency medical condition, the payment amount established pursuant to the methodology developed under Section 14105.28. (d) Medi-Cal managed care health plans that, pursuant to the department's encouragement in All Plan Letter 07003, have been paying out-of-network hospitals the most recent California Medical Assistance Commission regional average per diem rate as a temporary rate for purposes of Section 1932(b)(2)(D) of the federal Social Security Act (SSA), which became effective January 1, 2007, shall make reconciliations and adjustments for all hospital payments made since January 1, 2007, based upon rates published by the department pursuant to Section 1932(b)(2)(D) of the SSA and effective January 1, 2007, to June 30, 2008, inclusive, and, if applicable, provide supplemental payments to hospitals as necessary to make payments that conform with Section 1932(b)(2)(D) of the SSA. In order to provide managed care health plans with 60 working days to make any necessary supplemental payments to hospitals prior to these payments becoming subject to the payment of interest, Section 1300.71 of Title 28 of the California Code of Regulations shall not apply to these supplemental payments until 30 working days following the publication by the department of the rates.(e) (1) The department shall provide a written report to the policy and fiscal committees of the Legislature on October 1, 2009, and May 1, 2010, on the implementation and impact made by this section, including the impact of these changes on access to hospitals by managed care enrollees and on contracting between hospitals and managed care health plans, including the increase or decrease in the number of these contracts.(2) Not later than August 1, 2010, the department shall report to the Legislature on the implementation of this section. The report shall include, but not be limited to, information and analyses addressing managed care enrollee access to hospital services, the impact of this section on managed care health plan capitation rates, the impact of this section on the extent of contracting between managed care health plans and hospitals, and fiscal impact on the state.(3) For the purposes of preparing the status reports and the final evaluation report required pursuant to this subdivision, Medi-Cal managed care health plans shall provide the department with all data and documentation, including contracts with providers, including hospitals, as deemed necessary by the department to evaluate the impact of the implementation of this section. In order to ensure the confidentiality of managed care health plan proprietary information, and thereby enable the department to have access to all of the data necessary to provide the Legislature with accurate and meaningful information regarding the impact of this section, all information and documentation provided to the department pursuant to this section shall be considered proprietary and shall be exempt from disclosure as official information pursuant to subdivision (k) of Section 6254 of the Government Code as contained in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).(f)(e) 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 department may implement, interpret, or make specific this section and applicable federal waivers and state plan amendments by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action. Prior to issuing any letter or similar instrument authorized pursuant to this section, the department shall notify and consult with stakeholders, including advocates, providers, and beneficiaries.(g)(f) This section shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 205. Section 14094.3 of the Welfare and Institutions Code is amended to read: 14094.3. (a) Notwithstanding this article or Section 14093.05 or 14094.1, CCS covered services shall not be incorporated into any Medi-Cal managed care contract entered into after August 1, 1994, pursuant to Article 2.7 (commencing with Section 14087.3), Article 2.8 (commencing with Section 14087.5), Article 2.9 (commencing with Section 14088), Article 2.91 (commencing with Section 14089), Article 2.95 (commencing with Section 14092); or either Article 2 (commencing with Section 14200), or Article 7 (commencing with Section 14490) of Chapter 8, until January 1, 2016, except for contracts entered into for county organized health systems or Regional Health Authority in the Counties of San Mateo, Santa Barbara, Solano, Yolo, Marin, and Napa. (b) Notwithstanding any other provision of this chapter, providers serving children under the CCS program who are enrolled with a Medi-Cal managed care contractor but who are not enrolled in a pilot project pursuant to subdivision (c) shall continue to submit billing for CCS covered services on a fee-for-service basis until CCS covered services are incorporated into the Medi-Cal managed care contracts described in subdivision (a). (c) (1) The department may authorize a pilot project in Solano County in which reimbursement for conditions eligible under the CCS program may be reimbursed on a capitated basis pursuant to Section 14093.05, and provided all CCS program's guidelines, standards, and regulations are adhered to, and CCS program's case management is utilized. (2) During the time period described in subdivision (a), the department may approve, implement, and evaluate limited pilot projects under the CCS program to test alternative managed care models tailored to the special health care needs of children under the CCS program. The pilot projects may include, but need not be limited to, coverage of different geographic areas, focusing on certain subpopulations, and the employment of different payment and incentive models. Pilot project proposals from CCS program-approved providers shall be given preference. All pilot projects shall utilize CCS program-approved standards and providers pursuant to Section 14094.1.(d) (1) The department shall submit to the appropriate committees of the Legislature an evaluation of pilot projects established pursuant to subdivision (c) based on at least one full year of operation.(2) The evaluation required by paragraph (1) shall address the impact of the pilot projects on outcomes as set forth in paragraph (4) and, in addition, shall do both of the following:(A) Examine the barriers, if any, to incorporating CCS covered services into the Medi-Cal managed care contracts described in subdivision (a).(B) Compare different pilot project models with the fee-for-service system. The evaluation shall identify, to the extent possible, those factors that make pilot projects most effective in meeting the special needs of children with CCS eligible conditions.(3) CCS covered services shall not be incorporated into the Medi-Cal managed care contracts described in subdivision (a) before the evaluation process has been completed.(4) The pilot projects shall be evaluated to determine whether:(A) All children enrolled with a Medi-Cal managed care contractor described in subdivision (a) identified as having a CCS eligible condition are referred in a timely fashion for appropriate health care.(B) All children in the CCS program have access to coordinated care that includes primary care services in their own community.(C) CCS program standards are adhered to.(e)(d) For purposes of this section, CCS covered services include all program benefits administered by the program specified in Section 123840 of the Health and Safety Code regardless of the funding source.(f)(e) Nothing in this section shall be construed to exclude or restrict CCS eligible children from enrollment with a managed care contractor, or from receiving from the managed care contractor with which they are enrolled primary and other health care unrelated to the treatment of the CCS eligible condition. SEC. 206. Section 14132 of the Welfare and Institutions Code is amended to read: 14132. The following is the schedule of benefits under this chapter: (a) Outpatient services are covered as follows: Physician, hospital or clinic outpatient, surgical center, respiratory care, optometric, chiropractic, psychology, podiatric, occupational therapy, physical therapy, speech therapy, audiology, acupuncture to the extent federal matching funds are provided for acupuncture, and services of persons rendering treatment by prayer or healing by spiritual means in the practice of any church or religious denomination insofar as these can be encompassed by federal participation under an approved plan, subject to utilization controls. (b) Inpatient hospital services, including, but not limited to, physician and podiatric services, physical therapy and occupational therapy, are covered subject to utilization controls. (c) Nursing facility services, subacute care services, and services provided by any category of intermediate care facility for the developmentally disabled, including podiatry, physician, nurse practitioner services, and prescribed drugs, as described in subdivision (d), are covered subject to utilization controls. Respiratory care, physical therapy, occupational therapy, speech therapy, and audiology services for patients in nursing facilities and any category of intermediate care facility for the developmentally disabled are covered subject to utilization controls. (d) (1) Purchase of prescribed drugs is covered subject to the Medi-Cal List of Contract Drugs and utilization controls. (2) Purchase of drugs used to treat erectile dysfunction or any off-label uses of those drugs are covered only to the extent that federal financial participation is available. (3) (A) To the extent required by federal law, the purchase of outpatient prescribed drugs, for which the prescription is executed by a prescriber in written, nonelectronic form on or after April 1, 2008, is covered only when executed on a tamper resistant prescription form. The implementation of this paragraph shall conform to the guidance issued by the federal Centers of Medicare and Medicaid Services but shall not conflict with state statutes on the characteristics of tamper resistant prescriptions for controlled substances, including Section 11162.1 of the Health and Safety Code. The department shall provide providers and beneficiaries with as much flexibility in implementing these rules as allowed by the federal government. The department shall notify and consult with appropriate stakeholders in implementing, interpreting, or making specific this paragraph. (B) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may take the actions specified in subparagraph (A) by means of a provider bulletin or notice, policy letter, or other similar instructions without taking regulatory action. (4) (A) (i) For the purposes of this paragraph, nonlegend has the same meaning as defined in subdivision (a) of Section 14105.45. (ii) Nonlegend acetaminophen-containing products, with the exception of children's acetaminophen-containing products, selected by the department are not covered benefits. (iii) Nonlegend cough and cold products selected by the department are not covered benefits. This clause shall be implemented on the first day of the first calendar month following 90 days after the effective date of the act that added this clause, or on the first day of the first calendar month following 60 days after the date the department secures all necessary federal approvals to implement this section, whichever is later. (iv) Beneficiaries under the Early and Periodic Screening, Diagnosis, and Treatment Program shall be exempt from clauses (ii) and (iii). (B) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may take the actions specified in subparagraph (A) by means of a provider bulletin or notice, policy letter, or other similar instruction without taking regulatory action. (e) Outpatient dialysis services and home hemodialysis services, including physician services, medical supplies, drugs and equipment required for dialysis, are covered, subject to utilization controls. (f) Anesthesiologist services when provided as part of an outpatient medical procedure, nurse anesthetist services when rendered in an inpatient or outpatient setting under conditions set forth by the director, outpatient laboratory services, and X-ray services are covered, subject to utilization controls. Nothing in this subdivision shall be construed to require prior authorization for anesthesiologist services provided as part of an outpatient medical procedure or for portable X-ray services in a nursing facility or any category of intermediate care facility for the developmentally disabled. (g) Blood and blood derivatives are covered. (h) (1) Emergency and essential diagnostic and restorative dental services, except for orthodontic, fixed bridgework, and partial dentures that are not necessary for balance of a complete artificial denture, are covered, subject to utilization controls. The utilization controls shall allow emergency and essential diagnostic and restorative dental services and prostheses that are necessary to prevent a significant disability or to replace previously furnished prostheses which are lost or destroyed due to circumstances beyond the beneficiary's control. Notwithstanding the foregoing, the director may by regulation provide for certain fixed artificial dentures necessary for obtaining employment or for medical conditions that preclude the use of removable dental prostheses, and for orthodontic services in cleft palate deformities administered by the department's California Children Services Program. (2) For persons 21 years of age or older, the services specified in paragraph (1) shall be provided subject to the following conditions: (A) Periodontal treatment is not a benefit. (B) Endodontic therapy is not a benefit except for vital pulpotomy. (C) Laboratory processed crowns are not a benefit. (D) Removable prosthetics shall be a benefit only for patients as a requirement for employment. (E) The director may, by regulation, provide for the provision of fixed artificial dentures that are necessary for medical conditions that preclude the use of removable dental prostheses. (F) Notwithstanding the conditions specified in subparagraphs (A) to (E), inclusive, the department may approve services for persons with special medical disorders subject to utilization review. (3) Paragraph (2) shall become inoperative July 1, 1995. (i) Medical transportation is covered, subject to utilization controls. (j) Home health care services are covered, subject to utilization controls. (k) Prosthetic and orthotic devices and eyeglasses are covered, subject to utilization controls. Utilization controls shall allow replacement of prosthetic and orthotic devices and eyeglasses necessary because of loss or destruction due to circumstances beyond the beneficiary's control. Frame styles for eyeglasses replaced pursuant to this subdivision shall not change more than once every two years, unless the department so directs. Orthopedic and conventional shoes are covered when provided by a prosthetic and orthotic supplier on the prescription of a physician and when at least one of the shoes will be attached to a prosthesis or brace, subject to utilization controls. Modification of stock conventional or orthopedic shoes when medically indicated, is covered subject to utilization controls. When there is a clearly established medical need that cannot be satisfied by the modification of stock conventional or orthopedic shoes, custom-made orthopedic shoes are covered, subject to utilization controls. Therapeutic shoes and inserts are covered when provided to beneficiaries with a diagnosis of diabetes, subject to utilization controls, to the extent that federal financial participation is available. ( l ) Hearing aids are covered, subject to utilization controls. Utilization controls shall allow replacement of hearing aids necessary because of loss or destruction due to circumstances beyond the beneficiary's control. (m) Durable medical equipment and medical supplies are covered, subject to utilization controls. The utilization controls shall allow the replacement of durable medical equipment and medical supplies when necessary because of loss or destruction due to circumstances beyond the beneficiary's control. The utilization controls shall allow authorization of durable medical equipment needed to assist a disabled beneficiary in caring for a child for whom the disabled beneficiary is a parent, stepparent, foster parent, or legal guardian, subject to the availability of federal financial participation. The department shall adopt emergency regulations to define and establish criteria for assistive durable medical equipment in accordance with 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). (n) Family planning services are covered, subject to utilization controls. (o) Inpatient intensive rehabilitation hospital services, including respiratory rehabilitation services, in a general acute care hospital are covered, subject to utilization controls, when either of the following criteria are met: (1) A patient with a permanent disability or severe impairment requires an inpatient intensive rehabilitation hospital program as described in Section 14064 to develop function beyond the limited amount that would occur in the normal course of recovery. (2) A patient with a chronic or progressive disease requires an inpatient intensive rehabilitation hospital program as described in Section 14064 to maintain the patient's present functional level as long as possible. (p) (1) Adult day health care is covered in accordance with Chapter 8.7 (commencing with Section 14520). (2) Commencing 30 days after the effective date of the act that added this paragraph, and notwithstanding the number of days previously approved through a treatment authorization request, adult day health care is covered for a maximum of three days per week. (3) As provided in accordance with paragraph (4), adult day health care is covered for a maximum of five days per week. (4) As of the date that the director makes the declaration described in subdivision (g) of Section 14525.1, paragraph (2) shall become inoperative and paragraph (3) shall become operative. (q) (1) Application of fluoride, or other appropriate fluoride treatment as defined by the department, other prophylaxis treatment for children 17 years of age and under, are covered. (2) All dental hygiene services provided by a registered dental hygienist in alternative practice pursuant to Sections 1768 and 1770 of the Business and Professions Code may be covered as long as they are within the scope of Denti-Cal benefits and they are necessary services provided by a registered dental hygienist in alternative practice. (r) (1) Paramedic services performed by a city, county, or special district, or pursuant to a contract with a city, county, or special district, and pursuant to a program established under Article 3 (commencing with Section 1480) of Chapter 2.5 of Division 2 of the Health and Safety Code by a paramedic certified pursuant to that article, and consisting of defibrillation and those services specified in subdivision (3) of Section 1482 of the article. (2) All providers enrolled under this subdivision shall satisfy all applicable statutory and regulatory requirements for becoming a Medi-Cal provider. (3) This subdivision shall be implemented only to the extent funding is available under Section 14106.6. (s) In-home medical care services are covered when medically appropriate and subject to utilization controls, for beneficiaries who would otherwise require care for an extended period of time in an acute care hospital at a cost higher than in-home medical care services. The director shall have the authority under this section to contract with organizations qualified to provide in-home medical care services to those persons. These services may be provided to patients placed in shared or congregate living arrangements, if a home setting is not medically appropriate or available to the beneficiary. As used in this section, "in-home medical care service" includes utility bills directly attributable to continuous, 24-hour operation of life-sustaining medical equipment, to the extent that federal financial participation is available. As used in this subdivision, in-home medical care services, include, but are not limited to: (1) Level of care and cost of care evaluations. (2) Expenses, directly attributable to home care activities, for materials. (3) Physician fees for home visits. (4) Expenses directly attributable to home care activities for shelter and modification to shelter. (5) Expenses directly attributable to additional costs of special diets, including tube feeding. (6) Medically related personal services. (7) Home nursing education. (8) Emergency maintenance repair. (9) Home health agency personnel benefits which permit coverage of care during periods when regular personnel are on vacation or using sick leave. (10) All services needed to maintain antiseptic conditions at stoma or shunt sites on the body. (11) Emergency and nonemergency medical transportation. (12) Medical supplies. (13) Medical equipment, including, but not limited to, scales, gurneys, and equipment racks suitable for paralyzed patients. (14) Utility use directly attributable to the requirements of home care activities which are in addition to normal utility use. (15) Special drugs and medications. (16) Home health agency supervision of visiting staff which is medically necessary, but not included in the home health agency rate. (17) Therapy services. (18) Household appliances and household utensil costs directly attributable to home care activities. (19) Modification of medical equipment for home use. (20) Training and orientation for use of life-support systems, including, but not limited to, support of respiratory functions. (21) Respiratory care practitioner services as defined in Sections 3702 and 3703 of the Business and Professions Code, subject to prescription by a physician and surgeon. Beneficiaries receiving in-home medical care services are entitled to the full range of services within the Medi-Cal scope of benefits as defined by this section, subject to medical necessity and applicable utilization control. Services provided pursuant to this subdivision, which are not otherwise included in the Medi-Cal schedule of benefits, shall be available only to the extent that federal financial participation for these services is available in accordance with a home- and community-based services waiver. (t) Home- and community-based services approved by the United States Department of Health and Human Services may be covered to the extent that federal financial participation is available for those services under waivers granted in accordance with Section 1396n of Title 42 of the United States Code. The director may seek waivers for any or all home- and community-based services approvable under Section 1396n of Title 42 of the United States Code. Coverage for those services shall be limited by the terms, conditions, and duration of the federal waivers. (u) Comprehensive perinatal services, as provided through an agreement with a health care provider designated in Section 14134.5 and meeting the standards developed by the department pursuant to Section 14134.5, subject to utilization controls. The department shall seek any federal waivers necessary to implement the provisions of this subdivision. The provisions for which appropriate federal waivers cannot be obtained shall not be implemented. Provisions for which waivers are obtained or for which waivers are not required shall be implemented notwithstanding any inability to obtain federal waivers for the other provisions. No provision of this subdivision shall be implemented unless matching funds from Subchapter XIX (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code are available. (v) Early and periodic screening, diagnosis, and treatment for any individual under 21 years of age is covered, consistent with the requirements of Subchapter XIX (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. (w) Hospice service which is Medicare-certified hospice service is covered, subject to utilization controls. Coverage shall be available only to the extent that no additional net program costs are incurred. (x) When a claim for treatment provided to a beneficiary includes both services which are authorized and reimbursable under this chapter, and services which are not reimbursable under this chapter, that portion of the claim for the treatment and services authorized and reimbursable under this chapter shall be payable. (y) Home- and community-based services approved by the United States Department of Health and Human Services for beneficiaries with a diagnosis of AIDS or ARC, who require intermediate care or a higher level of care. Services provided pursuant to a waiver obtained from the Secretary of the United States Department of Health and Human Services pursuant to this subdivision, and which are not otherwise included in the Medi-Cal schedule of benefits, shall be available only to the extent that federal financial participation for these services is available in accordance with the waiver, and subject to the terms, conditions, and duration of the waiver. These services shall be provided to individual beneficiaries in accordance with the client's needs as identified in the plan of care, and subject to medical necessity and applicable utilization control. The director may under this section contract with organizations qualified to provide, directly or by subcontract, services provided for in this subdivision to eligible beneficiaries. Contracts or agreements entered into pursuant to this division shall not be subject to the Public Contract Code. (z) Respiratory care when provided in organized health care systems as defined in Section 3701 of the Business and Professions Code, and as an in-home medical service as outlined in subdivision (s). (aa) (1) There is hereby established in the department, a program to provide comprehensive clinical family planning services to any person who has a family income at or below 200 percent of the federal poverty level, as revised annually, and who is eligible to receive these services pursuant to the waiver identified in paragraph (2). This program shall be known as the Family Planning, Access, Care, and Treatment (Family PACT) Program. (2) The department shall seek a waiver in accordance with Section 1315 of Title 42 of the United States Code, or a state plan amendment adopted in accordance with Section 1396a(a)(10)(A)(ii)(XXI)(ii)(2) of Title 42 of the United States Code, which was added to Section 1396a of Title 42 of the United States Code by Section 2303(a)(2) of the federal Patient Protection and Affordable Care Act (PPACA) (Public Law 111-148), for a program to provide comprehensive clinical family planning services as described in paragraph (8). Under the waiver, the program shall be operated only in accordance with the waiver and the statutes and regulations in paragraph (4) and subject to the terms, conditions, and duration of the waiver. Under the state plan amendment, which shall replace the waiver and shall be known as the Family PACT successor state plan amendment, the program shall be operated only in accordance with this subdivision and the statutes and regulations in paragraph (4). The state shall use the standards and processes imposed by the state on January 1, 2007, including the application of an eligibility discount factor to the extent required by the federal Centers for Medicare and Medicaid Services, for purposes of determining eligibility as permitted under Section 1396a (a)(10)(A)(ii)(XXI)(ii)(2) of Title 42 of the United States Code. To the extent that federal financial participation is available, the program shall continue to conduct education, outreach, enrollment, service delivery, and evaluation services as specified under the waiver. The services shall be provided under the program only if the waiver and, when applicable, the successor state plan amendment are approved by the federal Centers for Medicare and Medicaid Services and only to the extent that federal financial participation is available for the services. Nothing in this section shall prohibit the department from seeking the Family PACT successor state plan amendment during the operation of the waiver. (3) Solely for the purposes of the waiver or Family PACT successor state plan amendment and notwithstanding any other provision of law, the collection and use of an individual's social security number shall be necessary only to the extent required by federal law. (4) Sections 14105.3 to 14105.39, inclusive, 14107.11, 24005, and 24013, and any regulations adopted under these statutes shall apply to the program provided for under this subdivision. No other provision of law under the Medi-Cal program or the State-Only Family Planning Program shall apply to the program provided for under this subdivision. (5) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, without taking regulatory action, the provisions of the waiver after its approval by the federal Health Care Financing Administration and the provisions of this section by means of an all-county letter or similar instruction to providers. Thereafter, the department shall adopt regulations to implement this section and the approved waiver in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.Beginning six months after the effective date of the act adding this subdivision, the department shall provide a status report to the Legislature on a semiannual basis until regulations have been adopted.(6) In the event that the Department of Finance determines that the program operated under the authority of the waiver described in paragraph (2) or the Family PACT successor state plan amendment is no longer cost effective, this subdivision shall become inoperative on the first day of the first month following the issuance of a 30-day notification of that determination in writing by the Department of Finance to the chairperson in each house that considers appropriations, the chairpersons of the committees, and the appropriate subcommittees in each house that considers the State Budget, and the Chairperson of the Joint Legislative Budget Committee. (7) If this subdivision ceases to be operative, all persons who have received or are eligible to receive comprehensive clinical family planning services pursuant to the waiver described in paragraph (2) shall receive family planning services under the Medi-Cal program pursuant to subdivision (n) if they are otherwise eligible for Medi-Cal with no share of cost, or shall receive comprehensive clinical family planning services under the program established in Division 24 (commencing with Section 24000) either if they are eligible for Medi-Cal with a share of cost or if they are otherwise eligible under Section 24003. (8) For purposes of this subdivision, "comprehensive clinical family planning services" means the process of establishing objectives for the number and spacing of children, and selecting the means by which those objectives may be achieved. These means include a broad range of acceptable and effective methods and services to limit or enhance fertility, including contraceptive methods, federal Food and Drug Administration approved contraceptive drugs, devices, and supplies, natural family planning, abstinence methods, and basic, limited fertility management. Comprehensive clinical family planning services include, but are not limited to, preconception counseling, maternal and fetal health counseling, general reproductive health care, including diagnosis and treatment of infections and conditions, including cancer, that threaten reproductive capability, medical family planning treatment and procedures, including supplies and followup, and informational, counseling, and educational services. Comprehensive clinical family planning services shall not include abortion, pregnancy testing solely for the purposes of referral for abortion or services ancillary to abortions, or pregnancy care that is not incident to the diagnosis of pregnancy. Comprehensive clinical family planning services shall be subject to utilization control and include all of the following: (A) Family planning related services and male and female sterilization. Family planning services for men and women shall include emergency services and services for complications directly related to the contraceptive method, federal Food and Drug Administration approved contraceptive drugs, devices, and supplies, and followup, consultation, and referral services, as indicated, which may require treatment authorization requests. (B) All United States Department of Agriculture, federal Food and Drug Administration approved contraceptive drugs, devices, and supplies that are in keeping with current standards of practice and from which the individual may choose. (C) Culturally and linguistically appropriate health education and counseling services, including informed consent, that include all of the following: (i) Psychosocial and medical aspects of contraception. (ii) Sexuality. (iii) Fertility. (iv) Pregnancy. (v) Parenthood. (vi) Infertility. (vii) Reproductive health care. (viii) Preconception and nutrition counseling. (ix) Prevention and treatment of sexually transmitted infection. (x) Use of contraceptive methods, federal Food and Drug Administration approved contraceptive drugs, devices, and supplies. (xi) Possible contraceptive consequences and followup. (xii) Interpersonal communication and negotiation of relationships to assist individuals and couples in effective contraceptive method use and planning families. (D) A comprehensive health history, updated at the next periodic visit (between 11 and 24 months after initial examination) that includes a complete obstetrical history, gynecological history, contraceptive history, personal medical history, health risk factors, and family health history, including genetic or hereditary conditions. (E) A complete physical examination on initial and subsequent periodic visits. (F) Services, drugs, devices, and supplies deemed by the federal Centers for Medicare and Medicaid Services to be appropriate for inclusion in the program. (9) In order to maximize the availability of federal financial participation under this subdivision, the director shall have the discretion to implement the Family PACT successor state plan amendment retroactively to July 1, 2010. (ab) (1) Purchase of prescribed enteral nutrition products is covered, subject to the Medi-Cal list of enteral nutrition products and utilization controls. (2) Purchase of enteral nutrition products is limited to those products to be administered through a feeding tube, including, but not limited to, a gastric, nasogastric, or jejunostomy tube. Beneficiaries under the Early and Periodic Screening, Diagnosis, and Treatment Program shall be exempt from this paragraph. (3) Notwithstanding paragraph (2), the department may deem an enteral nutrition product, not administered through a feeding tube, including, but not limited to, a gastric, nasogastric, or jejunostomy tube, a benefit for patients with diagnoses, including, but not limited to, malabsorption and inborn errors of metabolism, if the product has been shown to be neither investigational nor experimental when used as part of a therapeutic regimen to prevent serious disability or death. (4) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement the amendments to this subdivision made by the act that added this paragraph by means of all-county letters, provider bulletins, or similar instructions, without taking regulatory action. (5) The amendments made to this subdivision by the act that added this paragraph shall be implemented June 1, 2011, or on the first day of the first calendar month following 60 days after the date the department secures all necessary federal approvals to implement this section, whichever is later. (ac) Diabetic testing supplies are covered when provided by a pharmacy, subject to utilization controls. SEC. 207. Section 14133.9 of the Welfare and Institutions Code is amended to read: 14133.9. The implementation of prior authorization permitted by subdivision (a) of Section 14133 shall be subject to all of the following provisions: (a) The department shall secure a toll free phone number for the use of providers of Medi-Cal services listed in Section 14132. For providers, the department shall provide access to an individual knowledgeable in the program to provide Medi-Cal providers with information regarding available services. Access shall include a toll-free phone number that provides reasonable access to that person. The number shall be operated 24 hours a day, seven days a week. (b) For major categories of treatment subject to prior authorization, the department shall publicize and continue to develop its list of objective medical criteria that indicate when authorization should be granted. Any request meeting these criteria, as determined by the department, shall be approved, or deferred as authorized in subdivision (e) by specific medical information. (c) The objective medical criteria required by subdivision (d) shall be adopted and published in accordance with the Administrative Procedure Act, and shall be made available at appropriate cost. (d) When a proposed treatment meets objective medical criteria, and is not contraindicated, authorization for the treatment shall be provided within an average of five working days. When a treatment authorization request is not subject to objective medical criteria, a decision on medical necessity shall be made by a professional medical employee or contractor of the department within an average of five working days. (e) Notwithstanding the provisions of subdivisions (c) and (d), the department shall adopt, by emergency regulations as provided by this subdivision, a list of elective services that the director determines may be nonurgent. In determining these services, the department shall be guided by commonly accepted medical practice parameters. Authorization for these services may be deferred for a period of up to 90 days. In making determinations regarding these referrals, the department may use criteria separate from, or in addition to, those specified in subdivision (c). These deferrals shall be determined through the treatment authorization request process. When a proposed service is on the list of elective services that the director determines may be considered nonurgent, authorization for the service shall be granted or deferred within an average of 10 working days. The State Department of Health Services may adopt emergency regulations to implement this subdivision in accordance with 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 initial adoption of emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety or general welfare. Initial emergency regulations and the first readoption of those regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this subdivision shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations and shall remain in effect for no more than 120 days.(f) The department shall submit to the Legislature, every three months, its treatment authorization request status report.(g)(f) Final decisions of the department on denial of requests for prior authorization for inpatient acute hospital care shall be reviewable upon request of a provider by a Professional Standards Review Organization established pursuant to Public Law 92-603, or a successor organization if either of the following applies: (1) The original decision on the request was not performed by a Professional Standards Review Organization, or its successor organization. (2) The original decision on the request was performed by a Professional Standards Review Organization, or its successor organization, and the original decision was reversed by the department. The department shall contract with one or more of these organizations to, among other things, perform the review function required by this subdivision. The review performed by the contracting organization shall result in a finding that the department's decision is either appropriate or unjustified, in accordance with existing law, regulation, and medical criteria. The cost of each review shall be borne by the party that does not prevail. The decision of this body shall be reviewable by civil action.(h)(g) This section, and any amendments made to Section 14103.6 by Assembly Bill 2254 of the 1985-86 Regular Legislative Session, shall not apply to treatment or services provided under contracts awarded by the department under which the contractor agrees to assume the risk of utilization or costs of services. SEC. 208. Section 14161 of the Welfare and Institutions Code is amended to read: 14161. Carriers and providers of Medi-Cal benefits shall be required to utilize uniform accounting and cost-reporting systems as shall be developed and adopted by the department. If any other provision of law provides for uniform accounting and cost-reporting systems for hospitals, the department shall adopt these systems. Carriers and providers of Medi-Cal benefits shall provide cost information to the department as is necessary in order to conduct studies to determine payment for services provided under this chapter, including but not limited to copies of any Medicare cost reports and settlements, and any Medicare audit reports. Failure to comply with the provisions of this section shall be cause for suspension from participation under this chapter. The department shall conduct such studies as necessary to determine payments for services provided under this chapter.The results of or progress reports concerning such studies shall be submitted to the Legislature by January 31 of each year.The department shall submit an annual report to the Governor and the Legislature by January 31 of each year setting forth a comprehensive description of its activities and the operation and administration of the Medi-Cal program including, but not limited to, a fiscal accounting of expenditures, an evaluation of the relative cost and effectiveness of the various plans in accomplishing the desired goals, results of demonstration or pilot programs, and its recommendations as to legislation and other action as is necessary for carrying out the purposes of this chapter.SEC. 209. Section 14521.1 of the Welfare and Institutions Code is amended to read: 14521.1.(a) Effective January 1, 2007, the department shall report annually to the relevant policy and fiscal committees of the Legislature, as part of the budget submitted by the Governor to the Legislature each January, on the implementation of changes made to the adult day health care program by the act adding this section, including the impact of those changes on the number of centers and participants.(b)IfWherea conflict exists between existing regulations and adult day health care laws in effect on and after January 1, 2007, the department shall, until new regulations are adopted, issue guidance to adult day health care providers through provider bulletins to clarify the adult day health care laws and regulations that are in effect. SEC. 210. Section 14701 of the Welfare and Institutions Code is amended to read: 14701. (a) The State Department of Health Care Services, in collaboration with the State Department of Mental Health and the California Health and Human Services Agency, shall create a state administrative and programmatic transition plan, either as one comprehensive transition plan or separately, to guide the transfer of the Medi-Cal specialty mental health managed care and the EPSDT Program to the State Department of Health Care Services effective July 1, 2012. (1) Commencing no later than July 15, 2011, the State Department of Health Care Services, together with the State Department of Mental Health, shall convene a series of stakeholder meetings and forums to receive input from clients, family members, providers, counties, and representatives of the Legislature concerning the transition and transfer of Medi-Cal specialty mental health managed care and the EPSDT Program. This consultation shall inform the creation of a state administrative transition plan and a programmatic transition plan that shall include, but is not limited to, the following components: (A) Plan shall ensure it is developed in a way that continues access and quality of service during and immediately after the transition, preventing any disruption of services to clients and family members, providers and counties and others affected by this transition. (B) A detailed description of the state administrative functions currently performed by the State Department of Mental Health regarding Medi-Cal specialty mental health managed care and the EPSDT Program. (C) Explanations of the operational steps, timelines, and key milestones for determining when and how each function or program will be transferred. These explanations shall also be developed for the transition of positions and staff serving Medi-Cal specialty mental health managed care and the EPSDT Program, and how these will relate to, and align with, positions at the State Department of Health Care Services. The State Department of Health Care Services and the California Health and Human Services Agency shall consult with the Department of Personnel Administration in developing this aspect of the transition plan. (D) A list of any planned or proposed changes or efficiencies in how the functions will be performed, including the anticipated fiscal and programmatic impacts of the changes. (E) A detailed organization chart that reflects the planned staffing at the State Department of Health Care Services in light of the requirements of subparagraphs (A) through (C) and includes focused, high-level leadership for behavioral health issues. (F) A description of how stakeholders were included in the various phases of the planning process to formulate the transition plans and a description of how their feedback will be taken into consideration after transition activities are underway. (2) The State Department of Health Care Services, together with the State Department of Mental Health and the California Health and Human Services Agency, shall convene and consult with stakeholders at least twice following production of a draft of the transition plans and before submission of transition plans to the Legislature. Continued consultation with stakeholders shall occur in accordance with the requirement in subparagraph (F) of paragraph (1).(3) The State Department of Health Care Services shall provide the transition plans described in paragraph (1) to all fiscal committees and appropriate policy committees of the Legislature no later than October 1, 2011. The transition plans may also be updated by the Governor and provided to all fiscal and applicable policy committees of the Legislature upon its completion, but no later than May 15, 2012.SEC. 211. Section 18901.2 of the Welfare and Institutions Code is amended to read: 18901.2. (a) It is the intent of the Legislature to create a program in California that provides a nominal Low-Income Home Energy Assistance Program (LIHEAP) service benefit, through the LIHEAP block grant, to all recipient households of CalFresh so that they are made aware of services available under LIHEAP and so that some households may experience an increase in federal Supplemental Nutrition Assistance Program benefits, as well as benefit from paperwork reduction. (b) To the extent permitted by federal law, the State Department of Social Services (DSS) shall, in conjunction with the Department of Community Services and Development (CSD), design, implement, and maintain a utility assistance initiative: the "Heat and Eat" program. (1) The nominal LIHEAP service benefit shall be funded through the LIHEAP block grant provided by the CSD to the DSS upon receipt by the CSD of the LIHEAP block grant funds from the federal funding authorities. (2) The total amount transferred shall be the product of the nominal LIHEAP service benefit established by the CSD in the LIHEAP state plan multiplied by the number of CalFresh recipient households as agreed upon annually by the CSD and the DSS.(3) Should the demand for the nominal LIHEAP service benefit exceed allocated funding established by the CSD in the LIHEAP state plan, the CSD and the DSS shall report to the Legislature and develop a plan to maintain the program as intended.(4)(3) The total amount transferred shall be reduced by any unexpended or reinvested amounts remaining from prior transfers for the nominal LIHEAP service benefits as provided in subparagraph (C) of paragraph (1) of subdivision (c). (c) In implementing and maintaining the utility assistance initiative, the State Department of Social Services shall do all of the following: (1) (A) Grant all recipient households of CalFresh benefits pursuant to this chapter a nominal LIHEAP service benefit out of the federal LIHEAP block grant (42 U.S.C. Sec. 8261 et seq.). (B) In establishing the nominal LIHEAP service benefit amount, the department shall take into consideration that the benefit level need not provide significant utility assistance. (C) Any funds allocated for this purpose not expended by CalFresh recipient households shall be recouped through the "Heat and Eat" program and reinvested into the program on an annual basis as determined by both departments. (2) Provide the nominal LIHEAP service benefit without requiring the applicant or recipient to provide additional paperwork or verification. (3) To the extent permitted by federal law and to the extent federal funds are available, provide the nominal LIHEAP service benefit annually to each recipient of CalFresh benefits. (4) Deliver the nominal LIHEAP service benefit using the Electronic Benefit Transfer (EBT) system or other nonpaper delivery system. (5) Ensure that receipt of the nominal LIHEAP service benefit pursuant to this section shall not disqualify the applicant or recipient of CalFresh benefits from receiving other nominal LIHEAP service benefits or other utility benefits for which they qualify. (d) Recipients of the nominal LIHEAP service benefit pursuant to this section shall remain subject to the additional eligibility requirements for LIHEAP assistance as outlined in the California LIHEAP state plan, developed by the CSD. (e) To the extent permitted by federal law, a CalFresh household receiving or anticipating receipt of nominal LIHEAP service benefits pursuant to the utility assistance initiative or any other law shall be entitled to use the full standard utility allowance (SUA) for the purposes of calculating CalFresh benefits. A CalFresh household shall be entitled to use the full SUA regardless of whether the nominal LIHEAP service benefit is actually redeemed. (f) The department shall implement the initiative by January 1, 2013. SEC. 212. Section 18993.8 of the Welfare and Institutions Code is amended to read: 18993.8. The department shall conduct a statewide independent evaluation of the program, assessing the program's effectiveness in achieving stated outcomes as established by the department. Thedepartment shall submit its findings from theevaluationto the Legislature within six months of the completion of each grant cycle. The evaluationshall be performed only when for this purpose funds are appropriated in the annual Budget Act. SEC. 213. Section 19106 of the Welfare and Institutions Code is repealed.19106. The department shall submit an annual report to the Legislature to include the following performance data for the prior year: (a) The number of persons who applied for service. (b) The number of persons accepted for service. (c) The number of persons for whom plans for service were approved. (d) The number of cases closed after acceptance for service: (1) Without planned service. (2) Unemployed after planned service. (3) Employed for at least 60 days after planned service. (e) The number of persons served whose cases have been closed and who are employed by classification of employment objective. (f) The number of persons served whose cases have been closed and who are employed by classification of employment objective in the rehabilitation plan. (g) The costs of service by percentile intervals and total cost for persons whose cases have been closed and who are unemployed after planned services. (h) The costs of service by percentile interval and total cost for persons whose cases have been closed and who are employed after planned services. (i) The classification of employment objectives in rehabilitation plans. (j) The classification of employment objectives of persons placed in employment. (k) The number of persons whose vocational objective in their rehabilitation plan was the same as that in which they became employed. ( l) The number employed in a different type of occupation than the objective in their rehabilitation plan. (m) The method by which each person found employment, including: (1) Through placement by the rehabilitation counselor or other department staff. (2) By finding his or her own job. (3) Through placement by the Employment Development Department. (4) Through placement by a training agency. (5) Employment by a training agency in on-the-job training. (6) Other. (n) The average cost and percentile cost distribution of purchased case services of all persons whose cases have been closed and who are employed. (o) The average cost and percentile cost distribution of all persons still employed one year after case closure. This information may be collected on the basis of sample data. (p) The average cost of service of cases closed where a person is employed based on department's total vocational rehabilitation expenditures. This cost shall be derived from total cost divided by total number of employed persons. (q) The average cost of service based on department's total vocational rehabilitation expenditures for all persons still employed one year after case closure. This information may be collected on the basis of sample data. SEC. 214. Section 2 of Chapter 1133 of the Statutes of 1984 is amended to read: Sec. 2. The Legislature finds and declares that the approval by the electors of the County Jail Capital Expenditure Bond Act of 1984 has made new funds available for county jail capital expenditures in addition to those available from the County Jail Capital Expenditure Bond Act of 1981, and has made necessary certain revisions in the criteria and fund allocations adopted by the Board of Corrections for the distribution of proceeds of bonds authorized by the 1981 act. The Legislature further declares that it would be most efficient and appropriate if funds from both bond acts are allocated under uniform criteria applicable to both acts. Therefore, the Legislature hereby appropriates money in the County Jail Capital Expenditure Fund established by Section 4462 of the Penal Code to the Board of Corrections for allocation as provided by this act, and directs the Board of Corrections to allocate all money in the County Jail Capital Expenditure Fund established by Section 4412 of the Penal Code and appropriated by the Budget Act of 1984 for the fiscal year as provided by this act. SEC. 215. Section 3 of Chapter 1397 of the Statutes of 1988 is repealed. SEC. 216. Section 1 of Chapter 1436 of the Statutes of 1988 is amended to read: Section 1. Notwithstanding Sections 13340 and 16361 of the Government Code, and to the extent permitted by federal law, the sum of twenty-five million two hundred eighty-five thousand dollars ($25,285,000) of the money in the Federal Trust Fund, created pursuant to Section 16360 of the Government Code, received by the state either from federal oil overcharge funds in the petroleum violations escrow account, as defined by Section 155 of the Further Continuing Appropriations Act of 1983 (Public Law 97-377) or by any other federal law, or from federal oil overcharge funds available pursuant to court judgments or federal agency orders, is hereby appropriated for allocation as follows: (a) Twenty million dollars ($20,000,000) to the Department of Economic Opportunity to be used over a three-year period as follows: (1) Ten million dollars ($10,000,000) for the Energy Crisis Intervention Program provided under subdivision (d) of Section 16367.5 of the Government Code, to be allocated for pilot projects which are designed to provide program services aimed at increasing the self-sufficiency of low-income persons. The department shall, as soon as practicable, enter into contracts with nonprofit community action agencies and community-based organizations eligible to administer energy crisis intervention program funds, and shall require contractors receiving funds under this paragraph to conduct pilot projects, as determined to be appropriate by the department, involving one or more of the following: (A) Establishment of a mandatory referral system of energy crisis intervention program recipients to the department's weatherization program. (B) Development of a copayment plan to require energy crisis intervention program applicants to pay for a portion of the delinquent energy bill, or assisting clients with arranging for an affordable payment plan. (C) Development of a process to assist energy crisis intervention applicants to enter into agreements with energy utility companies to pay their utility bills in levelized payments throughout the year. (D) Development of a program to maximize the number of clients served during the year by employing methods including limiting assistance to one time per year per client. (E) Establishment of an education program to provide information to energy crisis intervention program clients which would promote long-term reductions in utility bills. (F) Establishment of procedures to eliminate any person from receiving energy crisis intervention program assistance for a current, as opposed to a delinquent, utility bill. Department contracts for implementing the pilot projects set forth in subparagraphs (A) to (F), inclusive, shall include provisions for providing special consideration or exemptions for senior citizens, for persons with life-threatening medical conditions, and for other severely handicapped individuals who would suffer substantial hardship if compelled to comply with this paragraph. The department shall submit a report to the Legislature within nine months after the conclusion of the three-year expenditure period on the results of the pilot projects required under this paragraph, including recommendations for those pilot projects which should be permanently included under subdivision (d) of Section 16367.5 of the Government Code. Ninety days prior to submitting the report to the Legislature, the department shall provide a draft report to the contractors, the Legislative Analyst, and the Auditor General for a 45-day review and comment period. The final report shall include the comments of the Legislative Analyst and the Auditor General as well as any response determined to be appropriate by the department. (2) Ten million dollars ($10,000,000) for the home energy assistance program provided under subdivision (e) of Section 16367.5 of the Government Code. (b) Five million two hundred eighty-five thousand dollars ($5,285,000) to the State Energy Resources Conservation and Development Commission to be used as follows: (1) Four million dollars ($4,000,000) to be used for the Institutional Conservation Program, Schools and Hospitals Grants Program, to furnish up to 50 percent matching grant funds for technical assistance studies and the installation of energy efficiency measures in public and nonprofit private schools and hospitals. (2) One million dollars ($1,000,000) to be deposited in the Energy Technologies Research, Development, and Demonstration Account in the General Fund to be used to carry out new energy technology demonstration contract research projects pursuant to Chapter 7.8 (commencing with Section 25680) of Division 15 of the Public Resources Code. (3) Two hundred eighty-five thousand dollars ($285,000) to establish an intervenor award program, administered by the commission' s Public Advisor, to provide intervenors facing financial hardship with reasonable awards to pay for the costs of participating in commission proceedings other than those conducted under Chapter 6 (commencing with Section 25500) of Division 15 of the Public Resources Code. The commission and the Public Advisor shall implement the intervenor award program within eight months after receipt of these funds, and shall report to the Legislature on the program's status within two years after receipt of the funds. SEC. 217. Resolution Chapter 173 of the Statutes of 1989 is repealed. SEC. 218. Resolution Chapter 12 of the Statutes of 1990 is repealed. SEC. 219. Section 5 of Chapter 585 of the Statutes of 1993 is amended to read: Sec. 5. (a) The Department of Corrections is hereby authorized to construct and establish a secure substance abuse treatment facility for minimum and medium security inmates at a location to be determined by the department. (b) Only inmates who have a history of substance abuse shall be housed in the secure substance abuse treatment facility. The department shall give priority to housing inmates in the facility who the department determines meet all of the following criteria: (1) The inmate desires to participate in substance abuse treatment. (2) The inmate is incarcerated for crimes in which substance abuse was a contributing factor. (3) The inmate has sufficient time remaining on his or her commitment to complete a full substance abuse treatment program while incarcerated. (c) The secure substance abuse treatment facility shall be a minimum and medium security facility and shall house only inmates determined to be either Level I or Level II security levels as determined by the department's inmate classification system. The facility shall be designed specifically to provide intensive substance abuse treatment to all inmates housed in the facility. (d) All inmates housed in the secure substance abuse treatment facility shall receive comprehensive substance abuse treatment. Treatment shall be multifaceted and highly structured with clearly defined rules and explicit expectation with regard to inmate behavior. Programs shall reinforce positive behavior and encourage inmates to develop social skills through limited self-government within treatment groups. Treatments shall include, but not be limited to, individual and group substance abuse counseling and workshops, victim awareness, academic and vocational education, physical fitness, drug testing, and planning for successful and sober reentry upon parole. The existing institutional treatment components of the Right-Turn Program at the R.J. Donovan Correctional Facility and the Female Offender Substance Abuse Program at the California Institute for Women and their aftercare components shall serve as models for these treatment programs. (e) The same range and intensity of treatment services shall be available to inmates whenever the facility is operated at a level that is greater than its designed bed capacity. (f) The department shall monitor the progress of parolees released from the secure substance abuse treatment facility. SEC. 220. Section 3 of Chapter 1030 of the Statutes of 1993 is amended to read: Sec. 3. (a) The State Department of Health Services shall convene a workgroup to address the policy issues related to the development of a pediatric service continuum. The workgroup shall seek input from clinicians and other interested and knowledgeable parties, and shall develop emergency regulations and a reimbursement structure for services to technology dependent children with special needs no later than April 1, 1994. (b) The department shall continue the efforts of the workgroup beyond April 1, 1994, to address the policy issues related to the development of other services necessary to define and provide a pediatric service continuum that addresses the needs of other children with special health care needs. Those services, subject to the availability of federal financial participation, may include, but are not limited to, the provision of pediatric day health and respite care facility services, as defined in Section 1760.2 of the Health and Safety Code, and congregate living health facility services, as defined in subdivision (i) of Section 1250 of the Health and Safety Code. SEC. 221. Section 1 of Chapter 452 of the Statutes of 1996 is repealed. SEC. 222. Section 1 of Chapter 561 of the Statutes of 1997 is amended to read: Section 1. (a) It is the intent of the Legislature in enacting this act to establish a pilot project relative to group homes, for the purpose of reducing complaints to the State Department of Social Services, by encouraging residents to work with group home operators to resolve concerns. The pilot project shall be limited to San Bernardino County. (b) It is further the intent of the Legislature that the pilot project be designed to measure the increase or decrease in complaints to the Inland Empire Office-Residential of the State Department of Social Services about group homes located in San Bernardino County, as a result of the pilot project. (c) The pilot project shall be deemed successful if, at the conclusion of the pilot project, monthly complaints to the Inland Empire Office-Residential of the State Department of Social Services about group homes located in San Bernardino County have been reduced by at least 10 percent, compared to the number of complaints that were received prior to the initiation of the pilot project. (d) For purposes of this act, "group home" means any facility of any capacity that provides 24-hour nonmedical care and supervision to children in a structured environment with the services provided at least in part by staff employed by the licensee. (e) This act shall not apply to family homes certified by foster family agencies, foster family homes, and small family homes. It is not the intent of the Legislature that this act be applied in a discriminatory manner. (f) The pilot project established by this act shall terminate on January 1, 2001. SEC. 223. Section 4 of Chapter 1299 of the Statutes of 1992, as amended by Sections 3 of Chapter 751 of the Statutes of 1997, is repealed. SEC. 224. Section 8 of Chapter 329 of the Statutes of 2000 is amended to read: Sec. 8. The sum of fifty seven million five hundred thousand dollars ($57,500,000) is hereby appropriated from the General Fund to the State Controller for the following purposes: (a) Five million two hundred thousand dollars ($5,200,000) to fund temporary staff resources, including, but not limited to, limited term positions, not to exceed four years, at the Energy Resources Conservation and Development Commission, the agencies, boards, and departments within the California Environmental Protection Agency, and the Resources Agency, with jurisdiction over electrical powerplant siting and conservation and demand side management programs, for the exclusive purpose of implementing programs pursuant to this act. (b) It is the intent of the Legislature that these funds for staff resources be expended exclusively to implement programs that achieve the maximum feasible cost-effective energy conservation and efficiency while providing the necessary staff resources to expedite siting of electrical powerplants that meet the criteria established pursuant to the act adding this section. (c) Two million three hundred thousand dollars ($2,300,000) to the Public Utilities Commission, to fund temporary staff resources, including limited term positions not to exceed four years, and to implement the programs established pursuant to this act. (d) Fifty million dollars ($50,000,000) to the Energy Resources Conservation and Development Commission, to implement cost-effective energy conservation and demand-side management programs established pursuant to Section 25555 of the Public Resources Code, as enacted by this act. The commission shall prioritize conservation and demand-side management programs funded pursuant to this subdivision to ensure that those programs that achieve the most immediate and cost-effective energy savings are undertaken as a first priority. SEC. 225. Section 2 of Chapter 790 of the Statutes of 2000 is amended to read: Sec. 2. Notwithstanding the repeal of Division 10.5 (commencing with Section 12200) of the Public Resources Code on January 1, 2007, by Section 12291 of the Public Resources Code, the Department of Forestry and Fire Protection shall provide for monitoring of conservation easements purchased pursuant to former Division 10.5 (commencing with Section 12200) of the Public Resources Code in order to assess the condition of resources being protected, and to ensure that the terms of the easement are being met pursuant to a given conservation easement. SEC. 226. Section 51 of Chapter 171 of the Statutes of 2001 is repealed.SEC. 51.The State Department of Health Services shall provide the fiscal and policy committees of the Legislature and the local Los Angeles County 1115 Waiver Oversight Committee, upon their individual request, with copies of all reports and updates provided to the federal Centers for Medicare and Medicaid Services as contained in the Los Angeles County waiver document, including the state's monitoring plan, the annual administrative budget report, quarterly status reports, independent audits, the worker retraining plan, and the quality assurance and improvement plan.SEC. 227. Section 5 of Chapter 7 of the Statutes of 2001, First Extraordinary Session, is amended to read: Sec. 5. In order to achieve a total reduction in peak electricity demand of not less than 2,585 megawatts, the sum of seven hundred eight million nine hundred thousand dollars ($708,900,000) is hereby appropriated from the General Fund to the Controller for allocation according to the following schedule: (a) In order to achieve a reduction in peak electricity demand and meet urgent needs of low-income households, two hundred forty six million three hundred thousand dollars ($246,300,000) for allocation by the Public Utilities Commission for the customers of electric and gas corporations subject to commission jurisdiction, to be expended in the following amounts: (1) Fifty million dollars ($50,000,000) to encourage the purchase of energy efficient equipment, and retirement of inefficient appliances and improvements in the efficiency of high-efficiency heating, ventilating, and air-conditioning (HVAC) equipment insulation or other efficiency measures. Any funds expended pursuant to this paragraph for the purchase of refrigerators, air-conditioning equipment, and other similar residential appliances shall be expended pursuant to the following criteria: (A) Priority for the expenditure of funds shall be given for the purchase or retirement of those appliances in low- and moderate-income households, and for the replacement of the oldest and least efficient appliances. (B) Any retirement of residential equipment and appliances undertaken pursuant to this paragraph shall be undertaken in a manner that protects public health and the environment. Nothing in this paragraph affects the requirements of Article 10.1 (commencing with Section 25211) of Chapter 6.5 of Division 20 of the Health and Safety Code and Chapter 3.5 (commencing with Section 42160) of Part 3 of Division 30 of the Public Resources Code. (2) One hundred million dollars ($100,000,000) to provide immediate assistance to electric or gas utility customers enrolled in, or eligible to be enrolled in, the California Alternative Rates for Energy (CARE) Program established pursuant to Section 739.1 of the Public Utilities Code. Funds appropriated pursuant to this paragraph shall be expended to increase and supplement CARE discounts and to increase enrollment in the CARE program. These funds shall be available to assist those customers enrolled or eligible for CARE who are on payment arrangements or have current or pending overdue notices due to increases in energy rates. Not more than 10 percent of the funds appropriated in this subdivision shall be allocated for mass marketing to increase enrollment. The funding provided in this subdivision is intended to supplement, but not replace, surcharge-generated revenues utilized to fund the CARE program. (3) Twenty million dollars ($20,000,000) to augment funding for low-income weatherization services provided pursuant to Section 2790 of the Public Utilities Code, and to fund other energy efficient measures to assist low-income energy users. (4) Sixteen million three hundred thousand dollars ($16,300,000) for high-efficiency and ultra-low-polluting pump and motor retrofits for oil or gas, or both, producers and pipelines. For the purposes of this paragraph, "ultra low polluting" means retrofit equipment which exceeds the requirements for best available control technology within the air district in which the pump or motor is located. (5) Sixty million dollars ($60,000,000) to provide incentives to encourage replacement of low-efficiency lighting with high-efficiency lighting systems. (b) In order to achieve a reduction in peak electricity demand, two hundred eighty-two million six hundred thousand dollars ($282,600,000) to the State Energy Resources Conservation and Development Commission (hereafter the Energy Commission), to be expended in the following amounts for the following purposes: (1) Sixty million dollars ($60,000,000) for allocation by the Energy Commission to locally owned public utilities for energy efficiency, peak demand reduction, and low income assistance measures in the service areas of the locally owned public utilities analagous to those measures and programs funded in the service areas of the electric and gas corporations subject to the jurisdiction of the Public Utilities Commission pursuant to subdivision (a). To the extent that any of the funds allocated to the locally owned public utilities are used to encourage the purchase of energy efficiency equipment and retirement of inefficient appliances and improvements in the efficiency of high-efficiency heating, ventilating, and air-conditioning (HVAC) equipment insulation, and other efficiency measures, funds expended pursuant to this paragraph for the purchase of refrigerators, air-conditioning equipment, and other similar residential appliances shall be expended pursuant to the following criteria: (i) Priority for expenditure of funds shall be given for the purchase of those appliances in low- and moderate-income households, and for the replacement of the oldest and least efficient appliances. (ii) Any retirement of residential equipment and appliances undertaken pursuant to this paragraph shall be undertaken in a manner that protects public health and the environment. Nothing in this paragraph affects the requirements of Article 10.1 (commencing with Section 25211) of Chapter 6.5 of Division 20 of the Health and Safety Code and Chapter 3.5 (commencing with Section 42160) of Part 3 of Division 30 of the Public Resources Code. (2) Thirty-five million dollars ($35,000,000) to implement programs to improve demand-responsiveness in heating, ventilation, air-conditioning, lighting, advanced metering of energy usage, and other systems in buildings. Of the amount appropriated pursuant to this paragraph, ten million dollars ($10,000,000) shall be used to encourage the purchase and installation of advanced metering and telemetry equipment for agricultural and water pumping customers in order to improve load management and demand responsiveness techniques particularly applicable to this sector. (3) Thirty-five million dollars ($35,000,000) to implement a low-energy usage building materials program, and other measures to lower air-conditioning usage in schools, colleges, universities, hospitals, and other nonresidential buildings. These funds shall not be available for community college facilities if Assembly Bill No. 29 of the First Extraordinary Session is enacted, becomes effective, and provides funding for energy efficiency measures to the community college from the Proposition 98 Reversion Account. (4) Fifty million dollars ($50,000,000) to implement a program to encourage third parties to implement innovative peak demand reduction measures. (A) Of the amount appropriated pursuant to this paragraph, ten million dollars ($10,000,000) shall be used for the California Agricultural Pump Energy Program to facilitate the efficiency testing of existing agricultural water pumps and to provide incentives for the retrofitting of pumps to increase efficiency as necessary. Up to one million dollars ($1,000,000) of those funds shall be used for grants to local public agencies to enhance and expedite the testing of agricultural water pumps. (B) Of the amount appropriated pursuant to this paragraph, not more than one million dollars ($1,000,000) shall be expended by the commission to fund one-time startup costs for innovative voluntary programs to reduce air emissions through energy conservation and related actions pursuant to programs authorized by law in effect on the effective date of this act. (5) Seventy-five million dollars ($75,000,000) to implement programs to reduce peak load electricity usage, encourage bio-gas digestion power production technologies, enhance conservation and encourage the use of alternative fuels, including, but not limited to instate natural gas resources for the agricultural and water pumping sector. These funds shall be allocated by the Energy Commission, in the form of rebates or grants, in the following amounts for the following purposes: (A) Forty-five million dollars ($45,000,000) to encourage the purchase of high efficiency electrical agricultural equipment, installed, on or after January 1, 2001, and incentives for overall electricity conservation efforts. Eligible equipment shall include, but not be limited to, lighting, refrigeration, or cold storage equipment. Any agricultural energy conservation incentive program shall recognize the increased demand due to currently reduced water supply conditions. (B) Fifteen million dollars ($15,000,000) to offset the costs of retrofitting existing natural gas powered equipment to burn alternative fuels, including, but not limited to, instate produced "non-spec" or "off-spec" natural gas. (C) Fifteen million dollars ($15,000,000) in grants to be used for pilot projects designed to encourage the development of bio-gas digestion power production technologies. (i) Ten million dollars ($10,000,000) of these funds shall be used to provide grants for the purpose of encouraging the development of manure methane power production projects on California dairies. (ii) Five million dollars ($5,000,000) of these funds shall be used to provide grants to reduce peak usage in southern California by revision of system operations to produce replacement energy as a byproduct of the anaerobic digestion of bio-solids and animal wastes. (6) Ten million dollars ($10,000,000) to provide incentives for installation of light-emitting diode (LED) traffic signals. (7) Seven million dollars ($7,000,000) to implement a program to teach school children about energy efficiency in the home and at school. (8) Ten million dollars ($10,000,000) for incentives for the retrofit of existing distributed generation owned and operated by municipal water districts to replace diesel and natural gas generation with cleaner technology that reduces oxides of nitrogen emissions. Funds expended pursuant to this paragraph shall be expended exclusively for retrofit equipment that meets or exceeds the requirements for best available control technology within the air district in which the distributed generation owned and operated by a municipal water district is located, or with standards adopted by the state Air Resources Board pursuant to Section 41514.9 of the Health and Safety Code upon the effective date of those standards. Technologies eligible pursuant to this paragraph include natural gas reciprocating engines, microturbines, fuel cells, and wind and solar energy renewable technologies. (9) Six hundred thousand dollars ($600,000) for four personnel-years to improve the ability of the Energy Commission to provide timely and accurate assessments of electricity and natural gas markets. (c) Except for funds expended to implement programs established pursuant to Section 25555 of the Public Resources Code, for which the Public Utilities Commission or the Energy Commission has adopted and published guidelines pursuant to that section, funds appropriated pursuant to subdivisions (a) and (b) shall be expended pursuant to guidelines adopted by each commission. The guidelines shall be exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of the Division 3 of Title 2 of the Government Code and shall do all of the following: (1) Establish cost-effectiveness criteria for programs funded. Within 10 days from the date of the adoption of criteria pursuant to this paragraph, each commission shall provide a copy of the criteria to the chairperson of the Legislative Budget Committee, to the chairpersons of the appropriate policy and fiscal committees of both houses of the Legislature, and to the Governor. (2) Limit administrative costs to not more than 21/2 percent of the amount of the funds expended. For the purposes of this paragraph, "administrative costs" means commission personnel and overhead costs associated with the implementation of each measure or program. However, "administrative costs" does not include costs associated with marketing or evaluation of a measure of a program, including any two-year limited positions, as approved by the Department of Finance, necessary to implement the programs. (3) Allow reasonable flexibility to shift funds among program categories in order to achieve the maximum feasible amount of energy conservation, peak load reduction, and energy efficiency by the earliest feasible date. (4) Establish matching fund criteria that, except for funds appropriated pursuant to paragraphs (2) and (3) of subdivision (a), ensure that entities eligible to receive funds appropriated pursuant to subdivisions (a) and (b) pay an appropriate share of the cost of acquiring or installing measures to achieve the maximum feasible amount of energy conservation, peak load reduction, and energy efficiency by the earliest feasible date. (5) Establish mechanisms and criteria that ensure that funds expended pursuant to this section through electric and gas corporations are not seized by the creditors of those corporations in the event of a bankruptcy. In implementing this paragraph, the commissions shall adopt mechanisms such as the segregation of funds by the electric or gas corporation, the holding of those funds in trust until they are expended, and the reversion of funds to the General Fund in the event of bankruptcy. (6) Establish tracking and auditing procedures to ensure that funds are expended in a manner consistent with this act. (d) Within six months of the effective date of this section, each commission shall contract for an independent audit of the expenditures made pursuant to subdivisions (a) and (b) for the purpose of determining whether the funds achieved demonstrable energy peak demand reduction while limiting administrative costs associated with expenditures made pursuant to those subdivisions. Within one year of the effective date of this section, each commission shall submit the audit prepared pursuant to this paragraph to the Chairperson of the Joint Legislative Budget Committee, to the chairpersons of the appropriate policy and fiscal committees of both houses of the Legislature, and to the Governor. (e) Ten million dollars ($10,000,000) to the Department of Consumer Affairs to implement a public awareness program to reduce peak electricity usage. Any public awareness program to reduce peak electricity usage conducted by the Department of Consumer Affairs after November 30, 2001, shall be conducted pursuant to a contract in accordance with Article 4 (commencing with Section 10335) of Chapter 2 of the Public Contract Code. The department shall ensure that the program includes the use of nontraditional mass media, including, but not limited to, the use of community based organizations, mass media in different languages, and media targeted to low-income and ethnically diverse communities. (f) Fifty million dollars ($50,000,000) to the Department of General Services to be expended for the purposes of implementing Chapter 3.5 (commencing with Section 4240) of Division 5 of Title 1 of the Government Code. The department shall limit its administrative costs to not more than 21/2 percent of the funds expended. For the purposes of this paragraph, "administrative costs" means personnel and overhead costs associated with implementation of each measure or program. However, "administrative costs" does not include costs associated with marketing or evaluation of a measure or program. (g) One hundred twenty million dollars ($120,000,000) to the Department of Community Services and Development for the purpose of supplementing the Low-Income Home Energy Assistance Program (LIHEAP). The department may also use these funds for the purposes of increasing participation in the LIHEAP program. The department shall use funds appropriated pursuant to this paragraph in the following manner: (1) The department shall implement a California Low Income Home Energy Assistance Program (LIHEAP). Services provided by California's LIHEAP shall be designed to do both of the following: (A) Increase energy conservation and reduce demand for energy services in low-income households. (B) Assure that the most vulnerable households cope with high energy costs. (2) The program shall include weatherization and conservation services, energy crisis intervention services, and cash assistance payments. (3) (A) Eligibility for California LIHEAP shall include households with incomes that do not exceed the greater of either of the following: (i) An amount equal to 60 percent of the state median income. (ii) An amount equal to 80 percent of the county median income. (B) In no area shall eligibility be provided to households whose income is greater than 250 percent of the federal poverty level for this state. (4) The department shall examine the penetration of other energy programs, including, but not limited to, those provided through federal LIHEAP, utility companies, and other parties, to identify the adequacy of services to elderly persons, disabled persons, limited-English-speaking persons, migrant and seasonal farmworkers and households with very young children. California LIHEAP funds shall be distributed so as to ensure that vulnerable populations have comparable access to energy programs. (5) The department shall ensure that services under California LIHEAP are delivered using all of the following requirements: (A) The department shall establish reasonable limits for expenditures, including up to 15 percent for outreach and training for consumers. (B) Grantee agencies shall do special outreach to vulnerable households, including outreach to senior centers, independent living centers, welfare departments, regional centers, and migrant and seasonable farmworkers. (C) Grantee agencies shall be required to coordinate with other low-income energy programs, and to demonstrate plans for using all energy resources efficiently for maximum outreach to low-income households. (D) Grantee agencies shall spend the maximum feasible amount of California LIHEAP funds for weatherization assistance, but in no event less than 50 percent of the funds available by grantee. The balance shall be used for cash assistance and energy crisis intervention. The department shall provide grantees with maximum flexibility to use energy crisis and cash assistance funds to resolve energy crisis for households and to serve the maximum number of households. Cash assistance payments may be used as a supplement to federal LIHEAP cash assistance payments. (6) The department shalldo the following, in addition to administering the program:, explore, with grantee agencies, standards for determining effective, efficient intake, and procedures to combine outreach for federal, state, and utility low-income energy programs into a single intake process.(A) Explore, with grantee agencies, standards for determining effective, efficient intake, and procedures to combine outreach for federal, state, and utility low-income energy programs into a single intake process.(B) Report to the policy and budget committees of the Legislature on the extent to which increased flexibility in weatherization measures and flexibility in cash assistance and crisis intervention payments have increased service and reduced energy demand. If barriers to flexibility exist, the report should identify those barriers.(C) Report to the policy and budget committees ot the Legislature on the number of recipients of service, the number of grantees providing service, categories of expenditure, estimated impact of funds on energy demand, estimated unmet need, and plans for automated reporting of this information routinely.(7) For any funds distributed in 2001, the department shall distribute funds as follows: (A) Funds shall be distributed to have maximum possible impact on reducing energy demand immediately. (B) First priority shall be to distribute funds through community-based programs with whom it has existing contracts. (C) If additional capacity is needed beyond the existing network, or if vulnerable populations cannot be served within the existing contracts, the department may develop and RFP process to solicit additional grantees. (8) The department shall limit administrative costs to not more than 21/2 percent of the funds expended. For the purposes of this paragraph, "administrative costs" means personnel and overhead costs associated with the implementation of each measure or program. However, "administrative costs" does not include costs associated with the marketing or evaluation of a measure or program. (h) Each state agency receiving funds appropriated pursuant to this section shall ensure, where appropriate, not less than 85 percent of the funds shall be expended for direct rebates, purchases, direct installations, buy-downs, loans, or other incentives that will achieve reductions in peak electricity demand and improvements in energy efficiency. (i) On or before January 1, 2002, each state agency receiving funds appropriated pursuant to this section shall provide quarterly reports to the Chairperson of the Joint Legislative Budget Committee, to the chairpersons of the appropriate policy and fiscal committees of both houses of the Legislature, and to the Governor, which include all of the following information: (1) The amount of funding expended. (2) The measures, programs, or activities that were funded. (3) A description of the effectiveness of the measures, programs, or activities funded in reducing peak electricity demand and improving energy efficiency, as measured in kilowatthours of electricity reduced per dollar expended. (j) To the extent that local government entities may apply for, and receive funds pursuant to this section, and to the extend they otherwise qualify for the funds, federally recognized California Indian tribes may apply for funds appropriated pursuant to this section on behalf of their tribal members, and the applications shall be considered on their merits. Each commission shall ensure that its efforts to provide public information on programs funded pursuant to this section shall include outreach to California Indian tribes. SEC. 228. Section 24 of Chapter 1127 of the Statutes of 2002 is amended to read: Sec. 24. (a) Funds that are appropriated in subdivision (b) of Section 2 of Assembly Bill 716 shall be available to the Department of Parks and Recreation for opportunity grants pursuant to that subdivision, and for state capital outlay projects.On or before December 15, 2002, and on or before December 15 annually thereafter, the Department of Parks and Recreation shall report to the Joint Legislative Budget Committee on all state capital outlay projects funded from subdivision (b) of Section 2 of Assembly Bill 716.To the extent the funds are used for a state capital outlay project, the project shall be subject to the State Public Works Board review and approval, pursuant to Section 13332.11 of the Government Code. (b) Subdivision (a) shall become operative only if Assembly Bill 716 is enacted and becomes effective on or before January 1, 2003. SEC. 229. Section 2 of Chapter 87 of the Statutes of 2003 is repealed.SEC. 2.On or before January 1, 2008, the board shall report to the Legislature regarding the managed audit program as of June 30, 2007, which report shall contain all of the following: (a) The amount of taxes, penalties, and interest payments collected from taxpayers that participated in the managed audit program. (b) The amount of interest that was forgiven as a result of the managed audit program. (c) The amount of taxes, penalties, and interest payments that was collected as a result of redirecting the board's auditing resources away from taxpayers participating in the managed audit program toward audits of other taxpayers with outstanding sales and use tax liabilities. (d) Board recommendations for improving the success of the managed audit program.SEC. 230. Section 34 of Chapter 80 of the Statutes of 2005 is repealed.SEC. 34.The State Department of Health Services shall provide the fiscal and policy committees of the Legislature with quarterly updates, commencing January 1, 2006, regarding core activities to improve the Medi-Cal Managed Care Program and to expand to the 13 new counties, as directed by the Budget Act of 2005. The quarterly updates shall include key milestones and objectives of progress regarding changes to the existing program, submittal of state plan amendments to the federal Centers for Medicare and Medicaid Services, submittal of any federal waiver documents, and applicable key functions related to the Medi-Cal Managed Care expansion effort.SEC. 231. Section 37 of Chapter 80 of the Statutes of 2005 is amended to read: Sec. 37. On an annual basis, the State Department of Health Servicesand the California Medical Assistance Commissionshall provide fiscal information to the Joint Legislative Audit Committee and the Joint Legislative Budget Committee on the funds provided to the contract hospitals participating in the Medi-Cal program, and the health plans participating in the Medi-Cal Managed Care Program, for implementation of nurse-to-patient ratios. SEC. 232. Item 0690-102-0001 of Section 2.00 of the Budget Act of 2006 is amended to read: 0690-102-0001--For local assistance, Office of Emergency Services.............. 48,199,000 Schedule: (1.5) 50.20-Victim Services............ 9,317,000 (2.5) 50.30-Public Safety. 44,453,000 (18) Reimbursements...... -5,571,000 Provisions: 1. Notwithstanding any other provision of law, the Office of Emergency Services may provide advance payment of up to 25 percent of grant funds awarded to community-based nonprofit organizations, cities, school districts, counties, and other units of local government that have demonstrated cashflow problems according to the criteria set forth by the Office of Emergency Services. 2. To maximize the use of program funds and demonstrate the commitment of the grantees to program objectives, the Office of Emergency Services shall require all grantees of funds from the Gang Violence Suppression-Curfew Enforcement Strategy Program to provide local matching funds of at least 10 percent for the first and each subsequent year of operation. This match requirement applies to each agency that is to receive grant funds. An agency may meet its match requirements with an in-kind match, if approved by the Office of Emergency Services. 3. Of the amount appropriated in Schedule (2.5), $300,000 shall be provided to Monterey County for a planning grant consistent with the Central Coast Rural Crime Prevention Program as established in Chapter 18 of the Statutes of 2003. 4. The Department of Finance shall include a special display table in the Governor's Budget under the Office of Emergency Services that displays, by fund source, component level detail for Program 50, Criminal Justice Projects. In addition, the Office of Emergency Services, in consultation with the Department of Finance, shall provide a report to the Joint Legislative Budget Committee by January 10 of each year that provides a list of grantees, total funds awarded to each grantee, and performance statistics to document program outputs and outcomes in order to assess the state's return on investment for each component of Program 50 for each of the three years displayed in the Governor's Budget. 6. Of the amount appropriated in this item, the Department of Finance may authorize the transfer of up to 5 percent (up to $995,000) of the augmentation for the California Multijurisdictional Methamphetamine Enforcement Teams Program to Item 0690-001- 0001 for the purpose of conducting an independent evaluation of the program. 7. Of the funding appropriated in this item, $29,400,000 is for local assistance to support the California Multijurisdictional Methamphetamine Enforcement Teams Program. $19,900,000 of this funding is provided on a two-year, limited-term basis.No later than January 10, 2008,the Office of EmergencyServices, in consultation withthe Department of Finance,shall submit to the JointLegislative Budget Committee areport that proposes a fundingallocation plan that linksgrant funding to the size ofthe problem in each of the fivestate-designated regions. Thereport shall also include asummary of spending by region,program activities, anddemonstrated outcomes such aslab seizures and arrests.8. Of the amount appropriated in this item, $400,000 shall be available for grants to any private nonprofit organizations that have previously received funding from the California Innocence Protection Program. Any entity receiving funding under this program shall provide detailed expenditure reports semiannually and annually on the use of funds provided under this program. The Office of Emergency Services shall prepare and submit a report to the Joint Legislative Budget Committee on or before June 30, 2007, on the foregoing information for each entity receiving funding under this program. SEC. 233. Item 0690-102-0001 of Section 2.00 of the Budget Act of 2007 is amended to read: 0690-102-0001--For local assistance, Office of Emergency Services......................... 61,949,000 Schedule: (1) 50.20-Victim Services.. 4,352,000 (2) 50.30-Public Safety.... 57,597,000 Provisions: 1. Notwithstanding any other provision of law, the Office of Emergency Services may provide advance payment of up to 25 percent of grant funds awarded to community- based nonprofit organizations, cities, school districts, counties, and other units of local government that have demonstrated cashflow problems according to the criteria set forth by the Office of Emergency Services. 2. To maximize the use of program funds and demonstrate the commitment of the grantees to program objectives, the Office of Emergency Services shall require all grantees of funds from the Gang Violence Suppression-Curfew Enforcement Strategy Program to provide local matching funds of at least 10 percent for the first and each subsequent year of operation. This match requirement applies to each agency that is to receive grant funds. An agency may meet its match requirements with an in-kind match, if approved by the Office of Emergency Services. 3. Of the amount appropriated in Schedule (2), $800,000 shall be provided for grants to counties, consistent with the Central Coast Rural Crime Prevention Program as established in Chapter 18 of the Statutes of 2003. The funds shall be distributed only to counties for planning, or for implementation of the program in those counties that have completed the planning process, consistent with Chapter 18 of the Statutes of 2003. In no case shall a grant exceed $300,000. 4. The Department of Finance shall include a special display table in the Governor's Budget under the Office of Emergency Services that displays, by fund source, component level detail for Program 50, Criminal Justice Projects. In addition, the Office of Emergency Services, in consultation with the Department of Finance, shall provide a report to the Joint Legislative Budget Committee by January 10 of each year that provides a list of grantees, total funds awarded to each grantee, and performance statistics to document program outputs and outcomes in order to assess the state's return on investment for each component of Program 50 for each of the three years displayed in the Governor's Budget. 5. Of the funding appropriated in Schedule (2) of this item, $29,400,000 is for local assistance to support the California Multijurisdictional Methamphetamine Enforcement Teams Program. $19,900,000 of this funding is provided on a one-year, limited-term basis. No later than January10, 2008, the Office of EmergencyServices, in consultation with theDepartment of Finance, shall submitto the Joint Legislative BudgetCommittee a report that proposes afunding allocation plan that linksgrant funding to the size of theproblem in each of the five state-designated regions. Thereport shall also include a summaryof spending by region, programactivities, and demonstratedoutcomes such as lab seizures andarrests.term basis. 6. Of the amount appropriated in Schedule (2), $8,000,000 is in augmentation of the Vertical Prosecution Block Grants for a total program of $16,176,000. SEC. 234. Section 41 of Chapter 177 of the Statutes of 2007 is amended to read: Sec. 41. The amendments made by this act contained in clause (ii) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 1534, paragraph (2) of subdivision (c) of Section 1569.33, paragraph (2) of subdivision (c) of Section 1597.09, and paragraph (2) of subdivision (c) of Section 1597.55a of the Health and Safety Code shall be suspended for the 2007-08 fiscal year. The State Department of Social Services shallsubmit trailer bill language to the Legislature on or before February 1, 2008,provide information that reflects appropriate indicators to trigger an annual increase in the number of facilities for which the department conducts unannounced visits in future budget proposals . The department shall work with legislative staff, the Legislative Analyst's Office, and interested stakeholders to develop the indicators. SEC. 235. Section 2 of Chapter 642 of the Statutes of 2007 is repealed.SEC. 2.The Office of Statewide Health Planning and Development shall prepare and provide a report to the Legislature prior to April 1, 2008, that details how the field review and approval process referenced in Section 129890 of the Health and Safety Code will be implemented without undue delay.SEC. 236. Section 72 of Chapter 758 of the Statutes of 2008 is repealed.SEC. 72.In an effort to more comprehensively clarify issues regarding the state's responsibilities and oversight of small water systems, including the payment structure, the State Department of Public Health shall provide the fiscal and policy committees of the Legislature with a synopsis of key issues regarding the program and options for addressing the sustainability of the program to meet safe drinking water quality standards.SEC. 237. Section 38 of Chapter 759 of the Statutes of 2008 is amended to read:Sec. 38.(a) On or before January 10, 2009, the Department of Child Support Services shall provide to the Legislature both of the following: (1) More comprehensive data from the state hearing pilot project that demonstrates that the pilot project has reduced state hearings. (2) A breakdown of how the pilot project's revised hearing process results in the estimated savings to state hearing costs. (b) OnSec. 38. On or before February 1, 2009, the Department of Child Support Services shall provide the appropriate committees of the Legislature with trailer bill language to codify the new state hearing process. SEC. 238. Section 173 of Chapter 717 of the Statutes of 2010 is repealed.SEC. 173.The State Department of Health Care Services shall provide the fiscal and appropriate policy committees of the Legislature with semiannual updates regarding all of California's Medicaid waivers to be provided in March and October of each year. At a minimum, the semiannual updates shall include a listing of all Medicaid waivers with all of the following information for each waived: (a) Description of what federal laws or regulations are being waived. (b) Description of the purpose of the wavier. (c) Description of whom the waiver serves and the number of enrollees. (d) Status of the waiver, including its expiration date and pending renewal dates where applicable. (e) State plan amendment number listing and date that is applicable to the waiver. (f) Department that administers the program. (g) Any other information deemed useful by the department, including any separate attachments or reports on a particular waiver.SEC. 239. Section 37 of Chapter 6 of the Statutes of 2011 is repealed.SEC. 37.Of the amounts appropriated in Items 2665-004-6043, 2665-304-0890, 2665-304-6043, 2665-305-0890, and 2665-305-6043 of Section 2.00 of the Budget Act of 2010, a total of fifty-five million three hundred twenty thousand dollars ($55,320,000) shall be available for expenditure only after the submittal of a report to the Joint Legislative Budget Committee and a 30-day review period, or not sooner than whatever lesser time the Chairperson of the Joint Legislative Budget Committee, or his or her designee, may determine. The High-Speed Rail Authority shall have discretion concerning how the fifty-five million three hundred twenty thousand dollars ($55,320,000) in restricted expenditures is allocated among the five items of appropriation listed above. The authority shall submit the report no later than February 14, 2011. The report shall include, but not necessarily be limited to, all of the following: (a) A report on contract expenditures for community outreach, including detail by type of expenditure and activity. Detail on meetings by segment and community, and a summary of correspondence, e-mail, media, Internet Web site, and other outreach efforts shall be included in this report. (b) A copy of the strategic plan that the authority is developing pursuant to the requirements of the State Administrative Manual. (c) A report on the performance of the program manager contractor. The authority shall indicate all the measures it has taken to address the findings and recommendations of the Bureau of State Audits in its April 2010 report, how the authority evaluates the performance of the contractor, and what those evaluations suggest in terms of resolution to the deficiencies noted by the Bureau of State Audits. (d) A report on how the authority has addressed other recommendations of the Bureau of State Audits not otherwise covered by this section.SEC. 240. Section 38 of Chapter 6 of the Statutes of 2011 is repealed.SEC. 38.Of the amounts appropriated in Items 2665-004-6043, 2665-304-0890, 2665-304-6043, 2665-305-0890, and 2665-305-6043 of Section 2.00 of the Budget Act of 2011, 25 percent of the total amount shall be available for expenditure only after the submittal of a report to the Joint Legislative Budget Committee and a 60-day review period, or not sooner than whatever lesser time the Chairperson of the Joint Legislative Budget Committee, or his or her designee, may determine. The High-Speed Rail Authority shall have discretion concerning how the 25 percent in restricted expenditures is allocated among the five items of appropriation listed above. The authority shall submit the report no later than October 14, 2011. The report shall include, but not necessarily be limited to, all of the following: (a) A complete legal analysis of the revenue guarantee or other mechanisms to reduce the operator's risk that the authority indicates it would provide to the operator. To mitigate risk, the authority shall provide an analysis of the revenue contribution to the project from the private operator with and without a revenue guarantee or other mechanism to reduce the operator's risk. The authority shall discuss alternative financing approaches to make up for any lost revenue in the case of no revenue guarantee or other mechanisms to reduce the operator's risk. (b) A financial plan update with alternative funding scenarios. To mitigate risk, the authority shall report on alternative funding options if no significant federal funds are received beyond the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and no revenue guarantee or other mechanisms to reduce the operator's risk are allowable. The plan shall also include construction alternatives for a constrained funding environment, including what investments would be made and construction completed if the nonbond resources only equal bond funding.SEC. 241. Any section of any act enacted by the Legislature during the 2012 calendar year that takes effect on or before January 1, 2013, and that amends, amends and renumbers, adds, repeals and adds, or repeals a section that is amended, amended and renumbered, added, repealed and added, or repealed by this act, shall prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act. The repeal, or repeal and addition, of any article, chapter, part, title, or division of any code by this act shall not become operative if any section of any other act that is enacted by the Legislature during the 2012 calendar year and takes effect on or before January 1, 2013, amends, amends and renumbers, adds, repeals and adds, or repeals any section contained in that article, chapter, part, title, or division.SECTION 1.Item 0250-101-0932 of Section 2.00 of the Budget Act of 2011 is amended to read: 0250-101-0932--For local assistance, Judicial Branch, payable from the Trial Court Trust Fund.......................... 2,915,501,000 Schedule: (1) 45.10-Support for Operation of the 1,991,184,00 Trial Courts........ 0 (2) 45.15-Trial Court Security............ 497,780,000 (3) 45.25-Compensation of Superior Court Judges.............. 298,516,000 (4) 45.35-Assigned Judges.............. 26,047,000 (5) 45.45-Court Interpreters........ 92,794,000 (6) 45.55.060-Court Appointed Special Advocate Program.... 2,059,000 (7) 45.55.065-Model Self-Help Program... 891,000 (8) 45.55.090-Equal Access Fund......... 5,108,000 (9) 45.55.095-Family Law Information Centers............. 320,000 (10) 45.55.100-Civil Case Coordination... 803,000 (11) 97.20.001- Unallocated Reduction........... 0 (12) Reimbursements...... -1,000 Provisions: 1. The funds appropriated in Schedule (3) shall be made available for costs of the workers' compensation program for trial court judges. 2. The amount appropriated in Schedule (4) shall be made available for all judicial assignments. Schedule (4) 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. 3. The funds appropriated in Schedule (5) shall be for payments to contractual court interpreters, and certified and 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, or those contracted by the court to perform these services. 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 (5). 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 Trial Court Improvement 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 (8) 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 (3) 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 (8) 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 2011-12 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, reimbursements in Schedule (12) 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 of the funding identified in Provision 11 of this item 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. Of the amount appropriated in this item, $10,000,000 of planned expenditures for the Court Case Management System project shall instead be redirected to offset reductions in trial court funding in the 2011-12 fiscal year. 16. This item includes a one-time augmentation of $170,000,000 to offset the reductions in trial court funding in the 2011-12 fiscal year, based on transfers as follows: (a) $130,000,000 transferred from the fund balance in the Immediate and Critical Needs Account and the State Court Facilities Construction Fund, with specific amounts from each fund to be determined by the Judicial Council, (b) a reduction of $20,000,000 from Facility Modifications, composed of $10,000,000 transferred from the Immediate and Critical Needs Account and $10,000,000 transferred from the State Court Facilities Construction Fund, and (c) $20,000,000 transferred from the Judicial Administration Efficiency and Modernization Fund. 17. The transfers and redirections included in Provisions 15 and 16 and any other available court funding, including local reserves, are intended to be used to prevent court closures or reductions in court service hours. 18. The Director of Finance may augment this item by $150,000,000 if sufficient state General Fund revenues are available. The Department of Finance shall notify the Joint Legislative Budget Committee of any transfer made pursuant to this provision.SEC. 2.Item 0250-111-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 0250-111-0001--For transfer by the Controller to the Trial Court Trust Fund.. 1,316,997,000 Provisions: 1. No later than January 10, 2012, the Judicial Branch shall submit a report to the Legislature that details the position classifications used to process parole revocation hearings, the workload associated to the courts for parole revocation hearings, and any new space that was required to administer these hearings. 2. Of the amount appropriated in this item, upon transfer to the Trial Court Trust Fund, $39,303,000 shall be used for revocation hearings. Any unspent funds shall revert back to the General Fund. 3. The Director of Finance may augment this item by $150,000,000 if sufficient state General Fund revenues are available. The Department of Finance shall notify the Joint Legislative Budget Committee of any transfer made pursuant to this provision.SEC. 3.Item 0250-490 is added to Section 2.00 of the Budget Act of 2011, to read: 0250-490--Reappropriation, Capital Outlay, Judicial Branch. 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) 0250-301-0660, Budget Act of 2010 (Ch. 712, Stats. 2010) (1) 91.05.001-Calaveras County: New San Andreas Courthouse- -Construction (2) 91.20.001-Madera County: New Madera Courthouse--Construction (3) 91.33.001-Riverside County: New Riverside Mid-County Courthouse--Construction (4) 91.35.001-San Benito County: New Hollister Courthouse- -Construction (5) 91.36.001-San Bernardino County: New San Bernardino Courthouse--Construction (6) 91.39.001-San Joaquin County: New Stockton Courthouse- -Construction (7) 91.48.001-Solano County: Renovation to Fairfield Old Solano Courthouse--Construction (8) 91.54.001-Tulare County: New Porterville Courthouse- -Construction 3037--State Court Facilities Construction Fund (1) Item 0250-301-3037, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch.1, 2009-10 4th Ex. Sess.), as reappropriated by Item 0250-490, Budget Act of 2010 (Ch. 712, Stats. 2010) (11) 91.39.001-San Joaquin County: New Stockton Courthouse- -Working drawings 3138--Immediate and Critical Needs Account, State Court Facilities Construction Fund (1) Item 0250-301-3138, Budget Act of 2010 (Ch. 712, Stats. 2010) (2) 91.48.001-Solano County: Renovation to the Fairfield Old Solano Courthouse--Working drawingsSEC. 4.Item 0250-491 is added to Section 2.00 of the Budget Act of 2011, to read: 0250-491--Reappropriation, Capital Outlay, Judicial Branch. The balances of the appropriations provided for in the following citations are reappropriated for the purposes provided for in that appropriation and shall be available for encumbrance and expenditure until June 30, 2013: 0660--Public Buildings Construction Fund (1) Item 0250-301-0660, Budget Act of 2010 (Ch. 712, Stats. 2010) (6) 91.39.001-San Joaquin County: New Stockton Courthouse--Construction (7) 91.48.001-Solano County: Renovation to Fairfield Old Solano Courthouse--ConstructionSEC. 5.Item 0502-001-9730 of Section 2.00 of the Budget Act of 2011 is amended to read: 0502-001-9730--For support of California Technology Agency, payable from the Technology Services Revolving Fund........ 348,812,000 Schedule: (1) 10-California Technology Agency... 290,956,000 (2) 20-Project Review and Oversight....... 70,744,000 (3) 30.01- Administration...... 17,679,000 (4) 30.02-Distributed Administration...... -17,679,000 (5) Reimbursements...... -3,179,000 (6) Amount payable from the General Fund (Item 0502-001- 0001)............... -3,694,000 (7) Amount payable from the State Emergency Telephone Number Account (Item 0502- 001-0022)........... -2,322,000 (8) Amount payable from the Central Service Cost Recovery Fund (Item 0502-001- 9740)............... -3,693,000 Provisions: 1. Notwithstanding any other provision of law, the Director of Finance may authorize expenditures for the California Technology Agency in excess of the amount appropriated not sooner than 30 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees in each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may in each instance determine. 2. Expenditure authority provided in this item to support data center infrastructure projects may not be utilized for items outside the approved project scope. Changes in project scope must receive approval using the established administrative and legislative reporting requirements.SEC. 6.Item 0520-001-0044 of Section 2.00 of the Budget Act of 2011 is amended to read: 0520-001-0044--For support of Secretary of Business, Transportation and Housing, payable from the Motor Vehicle Account, State Transportation Fund.................... 1,571,000 Schedule: (1) 10-Administration of Business, Transportation and Housing Agency.... 3,534,000 (2) 25-Infrastructure Finance and Economic Development Program... 8,081,000 (3) Reimbursements........ -3,505,000 (4) Amount payable from the General Fund (Item 0520-001-0001).. -2,374,000 (5) Amount payable from the California Infrastructure and Economic Development Bank Fund (Item 0520- 001-0649)............. -3,937,000 (6.5) Amount payable from the Small Business Expansion Fund (Item 0520-001-0918)........ -111,000 (7) Amount payable from the Welcome Center Fund (Item 0520-001- 3083)................. -107,000 (8) Amount payable from the Film Promotion and Marketing Fund (Item 0520-001-3095).. -10,000SEC. 7.Item 0520-001-0890 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 8.Item 0520-001-0918 is added to Section 2.00 of the Budget Act of 2011, to read: 0520-001-0918--For support of Secretary of Business, Transportation and Housing, for payment to Item 0520-001-0044, payable from the Small Business Expansion Fund...................................... 111,000SEC. 9.Item 0520-011-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 0520-011-0890--For transfer, upon order of the Director of Finance, to the Small Business Expansion Fund................... 27,823,000SEC. 10.Item 0530-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 0530-001-0001--For support of Secretary of California Health and Human Services.......... 1,117,000 Schedule: (1) 10-Secretary of California Health and Human Services... 5,619,000 (2) Reimbursements.............. - 1,817,000 (3) Amount payable from the Federal Trust Fund (Item - 0530-001-0890).............. 1,850,000 (4) Amount payable from the Central Service Cost Recovery Fund (Item 0530- 001-9740)................... -835,000SEC. 11.Item 0530-001-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 0530-001-0890--For support of Secretary of California Health and Human Services, for payment to Item 0530-001-0001, payable from the Federal Trust Fund....... 1,850,000SEC. 12.Item 0530-001-9732 of Section 2.00 of the Budget Act of 2011 is amended to read: 0530-001-9732--For support of Secretary of California Health and Human Services, payable from the Office of Systems Integration Fund.......................... 184,025,000 Schedule: (1) 30-Office of Systems Integration. 184,025,000 Provisions: 1. The Director of Finance is authorized to approve matching current year increases in the Office of Systems Integration's (OSI) expenditure authority to correspond to increases to the Department of Social Services' Local Assistance budget to address system changes to OSI managed information technology projects. Any such increases shall occur no sooner than 30 days after notification in writing of the necessity therefor to the chairpersons of the fiscal committees of each house of the Legislature and Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time after notification the chairperson of the Joint Legislative Budget Committee, or his or her designee, may in each instance determine.SEC. 13.Item 0530-017-3163 of Section 2.00 of the Budget Act of 2011 is amended to read: 0530-017-3163--For support of Secretary of California Health and Human Services, Program 21-Office of Health Information Integrity, for implementing California's Health Information Exchange Cooperative Grant Program, payable from the California Health Information Technology and Exchange Fund....................................... 17,697,000 Provisions: 1. Notwithstanding Section 28.00 or any other provision of law, the Director of Finance may authorize expenditures from the California Health Information Technology and Exchange Fund for the Secretary of California Health and Human Services in excess of the amount appropriated not sooner than 30 days after providing notification in writing of the necessity therefor, including a comprehensive description of the request, to the chairpersons of the fiscal and policy committees of the Legislature and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may in each instance determine.SEC. 14.Item 0540-001-0005 of Section 2.00 of the Budget Act of 2011 is amended to read: 0540-001-0005--For support of Secretary of the Natural Resources Agency, for payment to Item 0540-001-0140, payable from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Bond Fund....... 279,000SEC. 15.Item 0540-001-0140 of Section 2.00 of the Budget Act of 2011 is amended to read: 0540-001-0140--For support of Secretary of the Natural Resources Agency, payable from the California Environmental License Plate Fund......................................... 3,282,000 Schedule: (1) 10-Administration of Natural Resources Agency................ 44,899,000 (2) Reimbursements........ -572,000 (4) Amount payable from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keely Act) Bond Fund (Item 0540-001-0005)........ -279,000 (5) Amount payable from the Environmental Enhancement and Mitigation Program Fund (Item 0540-001- 0183)................. -128,000 (6) Amount payable from the Federal Trust Fund (Item 0540-001- 0890)................. -9,052,000 (7) Amount payable from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (Item 0540-001-6029)........ -1,457,000 (8) Amount payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (Item 0540-001- 6031)................. -2,604,000 (9) Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 0540-001-6051)........ -27,329,000 (10) Amount payable from the Disaster Preparedness and Flood Prevention Bond Fund of 2006 (Item 0540-001-6052)........ -196,000SEC. 16.Item 0540-001-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 0540-001-0890--For support of Secretary of the Natural Resources Agency, for payment to Item 0540-001-0140, payable from the Federal Trust Fund............... 9,052,000SEC. 17.Item 0540-001-6029 of Section 2.00 of the Budget Act of 2011 is amended to read: 0540-001-6029--For support of Secretary of the Natural Resources Agency, for payment to Item 0540-001-0140, payable from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund........................... 1,457,000SEC. 18.Item 0540-001-6031 of Section 2.00 of the Budget Act of 2011 is amended to read: 0540-001-6031--For support of Secretary of the Natural Resources Agency, for payment to Item 0540-001-0140, payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002................................... 2,604,000SEC. 19.Item 0540-490 is added to Section 2.00 of the Budget Act of 2011, to read: 0540-490--Reappropriation, Secretary of the Natural Resources Agency. The balances of the appropriations provided in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2014: 0005--Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Bond Fund (1) Item 0540-101-0005, Budget Act of 2000 (Ch. 52, Stats. 2000), as reappropriated by Item 0540-490, Budget Act of 2002 (Ch. 379, Stats. 2002), as reappropriated by Item 0540- 490, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007) 6015--River Protection Subaccount (1) Item 0540-101-6015, Budget Act of 2002 (Ch. 379, Stats. 2002), as reappropriated by Item 0540-490, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007) 6029--California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (1) Item 0540-101-6029, Budget Act of 2002 (Ch. 379, Stats. 2002), as reappropriated by Item 0540-490, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 0540- 490, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007) 6031--Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (1) Item 0540-101-6031, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 0540-491, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009- 10 4th Ex. Sess.) (2) Item 0540-101-6031, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006) (3) Item 0540-101-6031, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007) 6051--Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (1) Section 75124 of the Public Resources Code, as added by Chapter 729 of the Statutes of 2008 (2) Item 0540-101-6051, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (3) Item 0540-101-6051, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.)SEC. 20.Item 0540-495 is added to Section 2.00 of the Budget Act of 2011, to read: 0540-495--Reversion, Secretary of the Natural Resources Agency. As of June 30, 2011, the balances specified below of the appropriations provided in the following citations shall revert to the balances in the fund from which the appropriations were made: 6051--Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (1) $7,438,392 from Item 0540-001-6051, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007)SEC. 21.Item 0552-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 0552-001-0001--For support of Office of the Inspector General...................... 21,769,000 Schedule: (1) 10-Office of the Inspector General.... 21,769,000 Provisions: 1. No employee of the Office of the Inspector General who is hired on or after April 1, 2011, shall receive peace officer or firefighter retirement benefits as a result of employment with the Office of the Inspector General unless that employee's primary duties include the performance of investigations as specified in Section 830.2 of the Penal Code. It is the intent of the Legislature that no more than 26 employees in the Office of the Inspector General shall have primary duties that include the performance of investigations. 2. The Office of the Inspector General shall report to the Legislature on October 1, 2011, on the office's justification for requiring peace officer status for any of its staff and the cost associated with maintaining peace officer status.SEC. 22.Item 0555-001-0044 of Section 2.00 of the Budget Act of 2011 is amended to read: 0555-001-0044--For support of Secretary for Environmental Protection, payable from the Motor Vehicle Account, State Transportation Fund......................................... 1,869,000 Schedule: (1) 30-Support............ 20,714,000 (2) Reimbursements........ -1,961,000 (3) Amount payable from the General Fund (Item 0555-001-0001).. -1,025,000 (4) Amount payable from the Hazardous Waste Control Account (Item 0555-001-0014)........ -316,000 (5) Amount payable from the Unified Program Account (Item 0555- 001-0028)............. -4,371,000 (6) Amount payable from the Department of Pesticide Regulation Fund (Item 0555-001- 0106)................. -902,000 (7) Amount payable from the Air Pollution Control Fund (Item 0555-001-0115)........ -1,660,000 (8) Amount payable from the Waste Discharge Permit Fund (Item 0555-001-0193)........ -647,000 (9) Amount payable from the Public Resources Account, Cigarette and Tobacco Products Surtax Fund (Item 0555-001-0235)........ -53,000 (10) Amount payable from the Integrated Waste Management Account, Integrated Waste Management Fund (Item 0555-001-0387).. -876,000 (11) Amount payable from the Underground Storage Tank Cleanup Fund (Item 0555-001- 0439)................. -839,000 (12) Amount payable from the State Water Quality Control Fund (Item 0555-001-0679).. -725,000 (12.5) Amount payable from the Federal Trust Fund (Item 0555-001- 0890)................. -1,888,000 (13) Amount payable from the Rural CUPA Reimbursement Account (Item 0555-001-1006).. -835,000 (14) Amount payable from the Water Rights Fund (Item 0555-001-3058).. -38,000 (15) Amount payable from the Environmental Enforcement and Training Account (Item 0555-001-8013).. -2,132,000 (16) Amount payable from the Environmental Education Account (Item 0555-001-8020).. -577,000 Provisions: 1. Funds appropriated in this item from the Environmental Education Account are available for appropriation only to the extent that funding is received in the Environmental Education Account established by Section 71305 of the Public Resources Code.SEC. 23.Item 0555-001-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 0555-001-0890--For support of Secretary for Environmental Protection, for payment to Item 0555-001-0044..................... 1,888,000SEC. 24.Item 0690-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 0690-001-0001--For support of the California Emergency Management Agency..... 42,566,000 Schedule: (1) 20-Emergency Management Services. 60,809,000 (2) 40-Special Programs and Grant Management.......... 78,826,000 (3) 65.01- Administration and Executive Program... 15,237,000 (4) 65.02-Distributed Administration and Executive........... - 15,237,000 (5) Reimbursements...... -4,235,000 (7) Amount payable from the Unified Program Account (Item 0690- 001-0028)........... -784,000 (8) Amount payable from the Nuclear Planning Assessment Special Account (Item 0690-001- 0029)............... -1,148,000 (9) Amount payable from the Restitution Fund (Item 0690-001- 0214)............... -299,000 (10) Amount payable from the Federal Trust Fund (Item 0690-001- 0890)............... -86,420,000 (11) Amount payable from the Local Public Prosecutors and Public Defender Training Fund (Item 0690-002-0241)...... -83,000 (12) Amount payable from the Victim-Witness Assistance Fund (Item 0690-002- 0425)............... -1,307,000 (13) Amount payable from the Equality in Prevention and Services for Domestic Abuse Fund (Item 0690-001- 3112)............... -7,000 (14) Amount payable from the Transit System Safety, Security, and Disaster Response Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 0690- 001-6061)........... -2,573,000 (15) Amount payable from the Antiterrorism Fund (Item 0690-010- 3034)............... -213,000 Provisions: 1. Funds appropriated in this item may be reduced by the Director of Finance, after giving notice to the Chairperson of the Joint Legislative Budget Committee, by the amount of federal funds made available for the purposes of this item in excess of the federal funds scheduled in Item 0690-001-0890. 2. The California Emergency Management Agency shall charge tuition for all training offered through the California Specialized Training Institute. 3. Upon approval by the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Item 0690-101-0890.SEC. 25.Item 0690-102-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 0690-102-0001--For local assistance, California Emergency Management Agency........ 22,052,000 Schedule: (1) 40.20-Victim Services.. 22,052,000 Provisions: 1. Notwithstanding any other provision of law, the California Emergency Management Agency may provide advance payment of up to 25 percent of grant funds awarded to community- based nonprofit organizations, cities, school districts, counties, and other units of local government that have demonstrated cashflow problems according to the criteria set forth by the California Emergency Management Agency. 2. The Director of Finance shall include a special display table in the Governor's Budget under the California Emergency Management Agency that displays, by fund source, component level detail for Program 40, Special Programs and Grant Management, related to Criminal Justice projects. In addition, the California Emergency Management Agency, in consultation with the Director of Finance, shall provide a report to the Joint Legislative Budget Committee by January 10 of each year that provides a list of grantees, total funds awarded to each grantee, and performance statistics to document program outputs and outcomes in order to assess the state's return on investment for each component of Program 40 for each of the three years displayed in the Governor's Budget.SEC. 26.Item 0690-102-0241 of Section 2.00 of the Budget Act of 2011 is amended to read: 0690-102-0241--For local assistance, California Emergency Management Agency, payable from the Local Public Prosecutors and Public Defenders Training Fund........... 799,000 Schedule: (1) 40.30-Public Safety........ 799,000 Provisions: 1. Notwithstanding any other provision of law, the California Emergency Management Agency may provide advance payment of up to 25 percent of grant funds awarded to community- based, nonprofit organizations, cities, school districts, counties, and other units of local government that have demonstrated cashflow problems according to the criteria set forth by the California Emergency Management Agency.SEC. 27.Item 0690-112-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 0690-112-0001--For local assistance, California Emergency Management Agency, for disaster recovery costs................ 49,114,000 Provisions: 1. The funds appropriated in this item are for the state's share of response and recovery costs for disasters. 2. Upon approval of the Director of Finance, authority may be established or increased to reimburse state and local agencies for out-of-state disaster response and recovery costs, subject to the conditions of Section 28.00, except that notwithstanding subdivision (e) of the section, the allocations may be made 30 days or less after notification of the Legislature.SEC. 28.Item 0820-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 0820-001-0001--For support of Department of Justice................................ 254,695,000 Schedule: (1) 11.01-Directorate-- Administration...... 87,952,000 (2) 11.02-Distributed Directorate-- Administration...... -87,952,000 (3) 20-Division of Legal Services...... 361,384,000 (4) 50-Law Enforcement.. 242,164,000 (5) 60-California Justice Information Services............ 154,990,000 (6) Reimbursements...... -44,510,000 (7) Amount payable from the Attorney General Antitrust Account (Item 0820- 001-0012)........... -2,263,000 (8) Amount payable from the Fingerprint Fees Account (Item 0820-001-0017)...... -68,015,000 (9) Amount payable from the Firearm Safety Account (Item 0820- 001-0032)........... -339,000 (10) Amount payable from the Motor Vehicle Account, State Transportation Fund (Item 0820-001- 0044)............... -24,709,000 (11) Amount payable from the Department of Justice Sexual Habitual Offender Fund (Item 0820-001- 0142)............... -2,245,000 (12) Amount payable from the Travel Seller Fund (Item 0820-001- 0158)............... -1,401,000 (13) Amount payable from the Restitution Fund (Item 0820-001- 0214)............... -359,000 (14) Amount payable from the Sexual Predator Public Information Account (Item 0820- 001-0256)........... -171,000 (15) Amount payable from the Indian Gaming Special Distribution Fund (Item 0820-001- 0367)............... -14,359,000 (16) Amount payable from the False Claims Act Fund (Item 0820- 001-0378)........... -10,889,000 (17) Amount payable from the Dealers' Record of Sale Special Account (Item 0820- 001-0460)........... -11,251,000 (18) Amount payable from the Department of Justice Child Abuse Fund (Item 0820-001- 0566)............... -377,000 (19) Amount payable from the Gambling Control Fund (Item 0820-001-0567)...... -7,706,000 (20) Amount payable from the Gambling Control Fines and Penalties Account (Item 0820-001- 0569)............... -48,000 (21) Amount payable from the Federal Trust Fund (Item 0820-001- 0890)............... -34,034,000 (22) Amount payable from the Federal Asset Forfeiture Account, Special Deposit Fund (Item 0820-001- 0942)............... -1,525,000 (23) Amount payable from the State Asset Forfeiture Account, Special Deposit Fund (Item 0820-011- 0942)............... -565,000 (24) Amount payable from the Firearms Safety and Enforcement Special Fund (Item 0820-001-1008)...... -3,353,000 (25) Amount payable from the Missing Persons DNA Data Base Fund (Item 0820-001- 3016)............... -3,354,000 (26) Amount payable from the Public Rights Law Enforcement Special Fund (Item 0820-001-3053)...... -5,858,000 (27) Amount payable from the DNA Identification Fund (Item 0820-001- 3086)............... -74,822,000 (28) Amount payable from the Unfair Competition Law Fund (Item 0820-001- 3087)............... -9,925,000 (29) Amount payable from the Registry of Charitable Trusts Fund (Item 0820-001- 3088)............... -2,933,000 (30) Amount payable from the Legal Services Revolving Fund (Item 0820-001- 9731)............... -175,742,000 (31) Amount payable from the Central Service Cost Recovery Fund (Item 0820-001- 9740)............... -3,090,000 Provisions: 1. The Attorney General shall submit to the Legislature, the Director of Finance, and the Governor the quarterly and annual reports that he or she submits to the federal government on the activities of the Medi-Cal Fraud Unit. 2. Notwithstanding any other provision of law, the Department of Justice may purchase or lease vehicles of any type or class that, in the judgment of the Attorney General or his or her designee, are necessary to the performance of the investigatory and enforcement responsibilities of the Department of Justice, from the funds appropriated for that purpose in this item. 3. Of the amount included in Schedule (3), $3,000,000 is available for costs related to the Lloyd's of London (Stringfellow) litigation. Any funds not expended for this specific purpose as of June 30, 2012, shall revert immediately to the General Fund. 4. The Attorney General is authorized to continue to support the activities of the California Anti-Terrorism Information Center from within its existing law enforcement budget in Schedule (4).SEC. 29.Item 0820-003-0001 is added to Section 2.00 of the Budget Act of 2011, to read: 0820-003-0001--For support of the Department of Justice, for rental payments on lease- revenue bonds................................ 4,091,000 Schedule: (1) Base Rental and Fees....... 4,092,000 (2) Reimbursements............. -1,000 Provisions: 1. The Controller shall transfer funds appropriated in this item for base rental, fees, and insurance as and when provided for in the schedule submitted by the State Public Works Board or the Department of Finance. Notwithstanding the payment dates in any related Facility Lease or Indenture, the schedule may provide for an earlier transfer of funds to ensure debt requirements are met and base rental payments are paid in full when due. 2. This item may contain adjustments pursuant to Section 4.30 that are not currently reflected. Any adjustments to this item shall be reported to the Joint Legislative Budget Committee pursuant to Section 4.30.SEC. 30.Item 0820-003-3086 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 31.Item 0820-011-0001 is added to Section 2.00 of the Budget Act of 2011, to read: 0820-011-0001--For transfer by the Controller, upon order of the Director of 10,000,00 Finance, to the DNA Identification Fund...... 0 Provisions: 1. The Department of Finance is authorized to decrease the amount specified in this item based on revenue changes to the DNA Identification Fund. 2. The Department of Justice shall complete a zero-based analysis of its DNA and forensic lab budget and report historical and projected expenditure levels to the Governor and the Legislature no later than March 31, 2012.SEC. 32.Item 0820-011-0378 is added to Section 2.00 of the Budget Act of 2011, to read: 0820-011-0378--For transfer by the Controller, upon order of the Director of Finance, from the False Claims Act Fund, to the General Fund....................... (20,000,000)SEC. 33.Item 0840-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 0840-001-0001--For support of the Controller. 76,397,000 Schedule: (1) 100000-Personal Services.............. 118,423,458 (2) 300000-Operating Expenses and Equipment............. 105,807,542 (3) Reimbursements........ -59,566,000 (4) Amount payable from various special and nongovernmental cost funds (Section 25.25). -28,442,000 (5) Amount payable from the Motor Vehicle Fuel Account, Transportation Tax Fund (Item 0840-001- 0061)................. -4,285,000 (6) Amount payable from the Highway Users Tax Account, Transportation Tax Fund (Item 0840- 001-0062)............. -1,219,000 (7) Amount payable from the Local Revenue Fund (Item 0840-001- 0330)................. -616,000 (8) Amount payable from the Federal Trust Fund (Item 0840-001- 0890)................. -1,085,000 (9) Amount payable from the State Penalty Fund (Item 0840-001- 0903)................. -1,373,000 (10) Amount payable from the Unclaimed Property Fund (Item 0840-001-0970)........ -27,899,000 (11) Amount payable from various other unallocated nongovernmental cost funds (Retail Sales Tax Fund) (Item 0840- 001-0988)............. -350,000 (12) Amount payable from the 2006 State School Facilities Fund (Item 0840-001-6057)........ -987,000 (13) Amount payable from the Central Service Cost Recovery Fund (Item 0840-001-9740).. -20,305,000 (14) Amount payable from other unallocated special funds (Item 0840-011-0494)........ -95,000 (15) Amount payable from unallocated bond funds (Item 0840-011- 0797)................. -636,000 (16) Amount payable from various other unallocated nongovernmental cost funds (Item 0840-011- 0988)................. -91,000 (17) Amount payable from the Public Transportation Account, State Transportation Fund (Section 25.50)....... -19,000 (18) Amount payable from the Highway Users Tax Account, Transportation Tax Fund (Section 25.50).. -305,000 (19) Amount payable from the Motor Vehicle License Fee Account, Transportation Tax Fund (Section 25.50).. -17,000 (20) Amount payable from the DMV Local Agency Collection Fund (Section 25.50)....... -2,000 (21) Amount payable from the Trial Court Trust Fund (Section 25.50).. -174,000 (22) Amount payable from the Public Safety Account, Local Public Safety Fund (Section 25.50)....... -268,000 (23) Amount payable from the Local Revenue Fund (Section 25.50).. -100,000 Provisions: 1. The funding provided in Item 0840- 001-0970 shall be in lieu of the appropriation in Section 1564 of the Code of Civil Procedure for all costs, expenses, or obligations connected with the administration of the Unclaimed Property Law, with the exception of payment of owners' or holders' claims pursuant to Section 1540, 1542, 1560, or 1561 of the Code of Civil Procedure, or of payment of the costs of compensating contractors for locating and recovering unclaimed property due the state. 2. The Controller may, with the concurrence of the Director of Finance and the Chairperson of the Joint Legislative Budget Committee, bill affected state departments for activities required by Section 20050 of the State Administrative Manual, relating to the administration of federal pass-through funds. No billing may be sent to affected departments sooner than 30 days after the chairperson of the joint committee has been notified by the director that he or she concurs with the amounts specified in the billings. 3. (a) Notwithstanding subdivision (b) of Section 1531 of the Code of Civil Procedure, the Controller may publish notice in any manner that the Controller determines reasonable, provided that (1) none of the moneys used for this purpose is redirected from funding for the Controller's audit activities, (2) no photograph is used in the publication of notice, and (3) no elected official's name is used in the publication of notice. (b) No funds appropriated in this act may be expended by the Controller to provide general information to the public, other than holders (as defined in subdivision (e) of Section 1501 of the Code of Civil Procedure) of unclaimed property, concerning the unclaimed property program or possible existence of unclaimed property held by the Controller's office, except for informational announcements to the news media, through the exchange of information on electronic bulletin boards, or no more than $50,000 per year to inform the public about this program in activities already organized by the Controller for other purposes. This restriction does not apply to sending individual notices to property owners (as required by the Code of Civil Procedure). 4. Of the moneys appropriated to the Controller in this act, the Controller shall not expend more than $500,000 to conduct posteligibility fraud audits of the Supplemental Security Income/State Supplementary Payment Program. 5. The Commission on State Mandates shall provide, in applicable parameters and guidelines, as follows: (a) If a local agency or school district contracts with an independent contractor for the preparation and submission of reimbursement claims, the costs reimbursable by the state for that purpose shall not exceed the lesser of (1) 10 percent of the amount of the claims prepared and submitted by the independent contractor or (2) the actual costs that would necessarily have been incurred for that purpose if performed by employees of the local agency or school district. (b) The maximum amount of reimbursement provided in subdivision (a) may be exceeded only if the local agency or school district establishes, by appropriate documentation, that the preparation and submission of these claims could not have been accomplished without incurring the additional costs claimed by the local agency or school district. 6. The funds appropriated to the Controller in this item may not be expended for any performance review or performance audit except pursuant to specific statutory authority. It is the intent of the Legislature that audits conducted by the Controller, or under the direction of the Controller, shall be fiscal audits that focus on claims and disbursements, as provided for in Section 12410 of the Government Code. Any report, audit, analysis, or evaluation issued by the Controller for the current fiscal year shall cite the specific statutory or constitutional provision authorizing the preparation and release of the report, audit, analysis, or evaluation. 7. The Controller shall deliver his or her monthly report on General Fund cash receipts and disbursements within 10 days after the close of each month to the Joint Legislative Budget Committee, the fiscal committees of each house of the Legislature, the Department of Finance, the Treasurer's office, and the Legislative Analyst's Office. 8. The Controller shall provide to the Department of Finance, the Chairperson of the Joint Legislative Budget Committee, and the chairpersons of the fiscal committees of each house of the Legislature a report that provides the following details by mandate: the level of claims requested, the amount reduced by the initial desk audit, the amount paid, the amount recouped, and the results of a final audit and subsequent funding adjustments. The report is due on June 30 of the current fiscal year, and will cover the fourth quarter of the past fiscal year and the first three quarters of the current fiscal year. 9. The Controller's estimate of the state's liability for other postemployment benefits prepared to comply with Governmental Accounting Standards Board (GASB) Statement 45 shall include, in addition to all other items required under the accounting statement: (a) an identification and explanation of any significant differences in actuarial assumptions or methodology from any relevant similar types of assumptions or methodology used by the Public Employees' Retirement System to estimate state pension obligations and (b) alternative calculations of the state's liability for other postemployment benefits using different long-term rates of investment return consistent with a hypothetical assumption that the state will begin to deposit 100 percent or a lesser percent, respectively, of its annual required contribution under GASB Statement 45 to a retiree health and dental benefits trust fund. This provision shall not obligate the state to change the practice of funding health and dental benefits for annuitants currently required under state law. 10. The funds appropriated to the Controller in this item may not be expended on additional actuarial valuations, beyond the annual actuarial valuation, for other postemployment benefits, prior to obtaining concurrence in writing from the Department of Finance. The additional actuarial valuations shall only be performed to the extent resources exist, or if funds are provided by the requesting agency. 11. The Controller shall provide the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the fiscal committees in each house of the Legislature a report on the Human Resources Management System specifying the dollars expended on the program in the previous fiscal year and over the life of the program and any known savings that have occurred in the prior fiscal year, to be submitted annually but no later than August 30 of each year. The report should compare the known savings with the most recent estimate of projected savings and explain the methodology by which the savings were calculated. 12. The Controller shall deliver yearend financial data as specified by the Department of Finance, for the immediately preceding fiscal year, in hard copy and electronic format, by October 15 of each year and periodically as requested by the Department of Finance. This information is necessary for the Department of Finance to determine the proper beginning balance of the current fiscal year for budgetary purposes. 13. In the event new postage rates are adopted by the United States Postal Service, but not in time for inclusion in the 2011-12 May Revision, and the Controller's office notifies the Department of Finance with its estimates of the increased postage costs within 15 calendar days of the adoption of new rates, the Director of Finance may authorize expenditures in excess of the amount appropriated in this item by an amount necessary to fund the postage increase. This authorization shall occur not less than 15 days after the Department of Finance notifies the Chairperson of the Joint Legislative Budget Committee. 14. Notwithstanding the provisions of Item 9840-001-0001, Item 9840- 001-0494, and Item 9840-001-0988, the Department of Finance may adjust the amounts authorized under Item 0840-001-0001 and Section 25.25, consistent with the funding schedule included in the most recently approved Special Project Report for the 21st Century Project. If an adjustment for unanticipated costs below the limits that would require a Special Project Report is requested, and the request does not exceed $2,000,000 cumulatively from all fund sources combined for the fiscal year, with sufficient justification provided by the Controller to support the increase, the Department of Finance may authorize the adjustment. No adjustments shall be made pursuant to this provision prior to a 30-day notification in writing to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees of each house of the Legislature that consider appropriations.SEC. 34.Item 0840-001-0970 of Section 2.00 of the Budget Act of 2011 is amended to read: 0840-001-0970--For support of the Controller, for payment to Item 0840-001- 0001, payable from the Unclaimed Property Fund...................................... 27,899,000SEC. 35.Item 0845-001-0217 of Section 2.00 of the Budget Act of 2011 is amended to read: 0845-001-0217--For support of Department of Insurance, payable from the Insurance Fund...................................... 169,988,000 Schedule: (1) 10-Regulation of Insurance Companies and Insurance Producers........... 72,172,000 (2) 12-Consumer Protection.......... 50,413,000 (3) 20-Fraud Control.... 45,789,000 (4) 30-General Fund Tax Collection and Audit............... 1,864,000 (5) 50.01- Administration...... 31,550,000 (6) 50.02-Distributed Administration...... -31,550,000 (7) Reimbursements...... -250,000 Provisions: 1. Of the funds appropriated in this item, the Controller shall transfer one-half of $4,938,000 upon passage of the Budget Act and the remaining half on January 1, 2012, to the California Department of Aging for support of the Health Insurance Counseling and Advocacy Program. 2. Of the funds appropriated in this item, the Controller shall transfer $314,000 upon passage of the Budget Act and, upon order of the Director of Finance, an additional amount up to $314,000 shall be transferred on or after January 1, 2012, to the State and Consumer Services Agency for support of the Office of the Insurance Advisor, to provide assistance to the Governor on insurance-related matters. The second transfer shall be initiated by the State and Consumer Services Agency. The unencumbered balance, as determined by the State and Consumer Services Agency for the 2011-12 fiscal year, shall revert to the Insurance Fund.SEC. 36.Item 0845-101-0217 of Section 2.00 of the Budget Act of 2011 is amended to read: 0845-101-0217--For local assistance, Department of Insurance, payable from the Insurance Fund................................ 57,037,000 Schedule: (1) 12-Consumer Protection. 1,500,000 (2) 20-Fraud Control....... 55,537,000SEC. 37.Item 0890-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 0890-001-0001--For support of Secretary of State....................................... 31,037,000 Schedule: (1) 10-Filings and Registrations......... 50,962,000 (2) 20-Elections.......... 33,776,000 (3) 30-Archives........... 10,865,000 (4) 50.01-Administration and Technology........ 23,830,000 (5) 50.02-Distributed Administration and Technology............ -23,830,000 (6) Reimbursements........ -8,330,000 (7) Amount payable from the Secretary of State's Business Fees Fund (Item 0890-001- 0228)................. -39,056,000 (8) Amount payable from the Federal Trust Fund (Item 0890-001- 0890)................. -14,681,000 (9) Amount payable from the Victims of Corporate Fraud Compensation Fund (Item 0890-001-3042).. -2,499,000 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, $14,681,000 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, $5,950,000 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. 38.Item 0911-001-0001 is added to Section 2.00 of the Budget Act of 2011, to read: 0911-001-0001--For support of the Citizens Redistricting Initiative....................... 400,000 Provisions: 1. The Director of Finance, not sooner than 30 days after notification to the Joint Legislative Budget Committee, or any lesser time determined by the chairperson of the joint committee, may augment this item by up to $1,500,000 if the Citizens Redistricting Commission demonstrates that funding for litigation support is necessary.SEC. 39.Item 0950-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 0950-001-0001--For support of the Treasurer. 4,721,000 Schedule: (1) 100000-Personal Services.............. 21,004,000 (2) 300000-Operating Expenses and Equipment............. 6,936,000 (3) Reimbursements........ -20,866,000 (5) Amount payable from the Central Service Cost Recovery Fund (Item 0950-001-9740).. -2,353,000 Provisions: 1. The Director of Finance may authorize a loan from the General Fund, in an amount not to exceed the level of reimbursements appropriated in Schedule (3) to the Treasurer's office, provided that: (a) The loan is to meet cash needs resulting from a delay in receipt of reimbursements. (b) The loan is short term, and shall be repaid within two months. (c) Interest charges may be waived pursuant to subdivision (e) of Section 16314 of the Government Code. (d) The Director of Finance shall not approve the loan unless the approval is made in writing and filed with the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations not later than 30 days prior to the effective date of the approval, or not sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may determine. (e) At the end of the two- month term of the loan, the Treasurer's office shall notify the Chairperson of the Joint Legislative Budget Committee whether the Treasurer's office has repaid the loan pursuant to subdivision (b). 2. Notwithstanding any other provision of law, upon certification by the State Treasurer's Office, the Department of Finance may authorize expenditures of up to $800,000 in excess of the amount appropriated in this item for the payment of rating agencies fees and advertising expenses on general obligation bond, lease revenue bond, and revenue anticipation note sales that have been canceled after the costs were incurred. The Department of Finance shall provide notification in writing to the chairpersons of the fiscal committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee no more than 30 days after that authorization.SEC. 40.Item 0971-001-0528 of Section 2.00 of the Budget Act of 2011 is amended to read: 0971-001-0528--For support of California Alternative Energy and Advanced Transportation Financing Authority, payable from the California Alternative Energy Authority Fund............................... 1,612,000 Schedule: (1) 10-California Alternative Energy and Advanced Transportation Financing Authority.................. 1,865,000 (2) Reimbursements............. - 253,000 Provisions: 1. Notwithstanding any other provision of law, the Director of Finance may authorize expenditures for the California Alternative Energy and Advanced Transportation Financing Authority in excess of the amount appropriated not sooner than 30 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees in each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may in each instance determine.SEC. 41.Item 1110-001-0770 of Section 2.00 of the Budget Act of 2011 is amended to read: 1110-001-0770--For support of Board for Professional Engineers and Land Surveyors, payable from the Professional Engineers' and Land Surveyors' Fund.......................... 10,538,000 Schedule: (1) 75.10-Board for Professional Engineers and Land Surveyors..... 10,622,000 (2) 75.20-Geologists and Geophysicists Program.. 1,344,000 (3) 75.02.020-Distributed Board for Professional Engineers and Land Surveyors.............. -68,000 (4) Reimbursements......... -16,000 (5) Amount payable from the Geology and Geophysics Fund (Item 1110-001-0205)......... -1,344,000 Provisions: 1. The amount appropriated in this item may include revenues derived from the assessment of fines and penalties imposed as specified in Section 13332.18 of the Government Code.SEC. 42.Item 1730-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 1730-001-0001--For support of Franchise Tax Board................................. 570,378,000 Schedule: (1) 10-Tax Programs..... 571,686,000 (2) 30-Political Reform Audit (1,592,000)... 0 (3) 50-DMV Collections.. 8,676,000 (4) 60-Court Collections......... 11,539,000 (5) 70-Contract Work.... 14,055,000 (6) 80.01- Administration...... 28,263,000 (7) 80.02-Distributed Administration...... -28,263,000 (8) Reimbursements...... -15,053,000 (9) Amount payable from the Motor Vehicle Account, State Transportation Fund (Item 1730-001- 0044)............... -2,991,000 (10) Amount payable from the Motor Vehicle License Fee Account, Transportation Tax Fund (Item 1730-001- 0064)............... -5,620,000 (11) Amount payable from the Emergency Food Assistance Program Fund (Item 1730-001- 0122)............... -6,000 (12) Amount payable from the Delinquent Tax Collection Fund (Section 19378 of the Revenue and Taxation Code)...... -404,000 (13) Amount payable from the Fish and Game Preservation Fund (Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account) (Item 1730- 001-0200)........... -14,000 (14) Amount payable from the Court Collection Account (Item 1730-001- 0242)............... -11,400,000 (15) Amount payable from the State Children's Trust Fund (Item 1730-001- 0803)............... -12,000 (16) Amount payable from the California Alzheimer's Disease and Related Disorders Research Fund (Item 1730-001- 0823)............... -12,000 (17) Amount payable from the California Seniors Special Fund (Item 1730-001- 0886)............... -4,000 (18) Amount payable from the California Breast Cancer Research Fund (Item 1730-001-0945)...... -7,000 (19) Amount payable from the California Peace Officer Memorial Foundation Fund (Item 1730-001- 0974)............... -5,000 (20) Amount payable from the California Firefighters' Memorial Fund (Item 1730-001-0979)...... -7,000 (21) Amount payable from the California Fund for Senior Citizens (Item 1730-001- 0983)............... -7,000 (23) Amount payable from the California Sea Otter Fund (Item 1730-001-8047)...... -6,000 (25) Amount payable from the California Cancer Research Fund (Item 1730-001- 8054)............... -6,000 (28) Amount payable from the Arts Council Fund (Item 1730-001- 8064) .............. -6,000 (29) Amount payable from the Safely Surrendered Baby Fund (Item 1730-001- 8065) .............. -6,000 (30) Amount payable from the California Police Activities League (CALPAL) Fund (Item 1730-001- 8066)............... -6,000 (31) Amount payable from the California Veterans Homes Fund (Item 1730-001- 8067) .............. - 6,000 Provisions: 1. It is the intent of the Legislature that all funds appropriated to the Franchise Tax Board for processing tax returns, auditing, and collecting owed tax amounts shall be used in a manner consistent with both the board's authorized budget and the documents that were presented to the Legislature for its review in support of that budget. The Franchise Tax Board shall not reduce expenditures or redirect funding or personnel resources away from direct auditing or collection activities without prior approval of the Director of Finance. The director shall not approve any such reduction or redirection sooner than 30 days after providing notification to the Joint Legislative Budget Committee. No such position may be transferred from the organizational unit to which it was assigned in the 2011-12 Governor's Budget and the Salaries and Wages Supplement as revised by legislative actions without the approval of the Department of Finance. Furthermore, the board shall expeditiously fill budgeted positions consistent with the funding provided in this act. 2. It is the intent of the Legislature that the Franchise Tax Board resolve tax controversies, without litigation, on a basis that is fair to both the state and the taxpayer and in a manner that will enhance voluntary compliance and public confidence in the integrity and efficiency of the board. 3. During the 2011-12 fiscal year, the collection cost recovery fee for purposes of subparagraph (A) of paragraph (1) of subdivision (a) of Section 19254 of the Revenue and Taxation Code shall be $154, and the filing enforcement cost recovery fee for purposes of subparagraph (A) of paragraph (2) of that subdivision shall be $88. 4. During the 2011-12 fiscal year, the collection cost recovery fee for purposes of subparagraph (B) of paragraph (1) of subdivision (a) of Section 19254 of the Revenue and Taxation Code shall be $249, and the filing enforcement cost recovery fee for purposes of subparagraph (B) of paragraph (2) of that subdivision shall be $104.SEC. 43.Item 1730-001-0242 of Section 2.00 of the Budget Act of 2011 is amended to read: 1730-001-0242--For support of Franchise Tax Board, for payment to Item 1730-001- 0001, payable from the Court Collection Account................................... 11,400,000SEC. 44.Item 1730-001-8022 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 45.Item 1730-001-8053 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 46.Item 1730-001-8055 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 47.Item 1730-001-8056 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 48.Item 1730-001-8064 is added to Section 2.00 of the Budget Act of 2011, to read: 1730-001-8064--For support of Franchise Tax Board, for payment to Item 1730-001- 0001, payable from the Arts Council Fund.. 6,000SEC. 49.Item 1730-001-8065 is added to Section 2.00 of the Budget Act of 2011, to read: 1730-001-8065--For support of Franchise Tax Board, for payment to Item 1730-001- 0001, payable from the Safely Surrendered Baby Fund................................. 6,000SEC. 50.Item 1730-001-8066 is added to Section 2.00 of the Budget Act of 2011, to read: 1730-001-8066--For support of Franchise Tax Board, for payment to Item 1730-001- 0001, payable from the California Police Activities League (CALPAL) Fund........... 6,000SEC. 51.Item 1730-001-8067 is added to Section 2.00 of the Budget Act of 2011, to read: 1730-001-8067--For support of Franchise Tax Board, for payment to Item 1730-001- 0001, payable from the California Veterans Homes Fund....................... 6,000SEC. 52.Item 1760-001-0602 of Section 2.00 of the Budget Act of 2011 is amended to read: 1760-001-0602--For support of Department of General Services, for payment to Item 1760- 001-0666, payable from the Architecture 41,549,00 Revolving Fund............................... 0 Provisions: 1. (a) Notwithstanding Provisions 3 and 4 of Item 1760-001- 0666, the Director of Finance may augment Item 1760-001-0602 when the State Public Works Board has approved the California Health Care Facility project in Stockton. Any augmentation that is deemed necessary on a permanent basis shall be submitted for review as part of the normal budget development process. Any augmentation made in accordance with this provision shall not result in an increase in any rate charged to other departments for services or the purchase of goods. (b) Any augmentation made pursuant to subdivision (a) shall be reported in writing to the chairpersons of the fiscal committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee within 30 days of the date the augmentation is approved. This notification shall be provided in a format consistent with normal budget change requests, including identification of the amount of, and justification for, the augmentation, and the program that has been augmented.SEC. 53.Item 1760-490 is added to Section 2.00 of the Budget Act of 2011, to read: 1760-490--Reappropriation, Department of General Services. 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: 0768--Earthquake Safety and Public Buildings Rehabilitation Fund of 1990. (1) Item 1760-301-0768, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as reappropriated by Item 1760- 491, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), Item 1760-490, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and Item 1760- 490, Budget Act of 2010 (Ch. 712, Stats. 2010) (5) 50.99.421-Department of Corrections and Rehabilitation, California Institution for Women at Frontera, Corona: Walker Clinic, Structural Retrofit- -Working drawings (9) 50.99.427-Department of Corrections and Rehabilitation, California Institution for Women at Frontera, Corona: Infirmary, Structural Retrofit--Working drawings (2) Item 1760-301-0768, Budget Act of 2010 (Ch. 712, Stats. 2010) (1) 50.99.428-Department of Corrections and Rehabilitation, California Institution for Women at Frontera, Corona: Walker Clinic and Infirmary, Structural Retrofit--ConstructionSEC. 54.Item 1760-491 is added to Section 2.00 of the Budget Act of 2011, to read: 1760-491--Reappropriation, Capital Outlay, Department of General Services. Notwithstanding any other provision of law, the period to liquidate encumbrances of the following citations is extended to June 30, 2012: 0660--Public Buildings Construction Fund (1) Item 1760-301-0660, Budget Act of 2002 (Ch. 379, Stats. 2002), as reappropriated by Item 1760-490, Budget Act of 2003 (Ch. 157, Stats. 2003) and Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), and Item 1760-491, Budget Act of 2010 (Ch. 712, Stats. 2010) (3) 50.10.161-Office Building 10 Renovation, 721 Capitol Mall, Sacramento--Construction (2) Item 1760-301-0660, Budget Act of 2003 (Ch. 157, Stats. 2003), as reappropriated by Item 1760-490, Budget Act of 2004 (Ch. 208, Stats. 2004) and Budget Act of 2005 (Chs. 38 and 39, Stats. 2005) (2) 50.20.515-Marysville Office Building: Replacement- -ConstructionSEC. 55.Item 1920-011-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 1920-011-0001--For transfer by the Controller to the Teachers' Retirement Fund.................................... (1,316,109,000) Schedule: (1) Supplemental Benefit Maintenance (605,764,00 Account (SBMA)...... 0) (2) Benefits Funding.... (653,365,00 0) (3) SBMA Interest (56,980,000 Payment............. ) Provisions: 1. The estimated amount referenced in Schedule (1) is the state's contribution required by Section 22954 of the Education Code. 2. The estimated amount referenced in Schedule (2) is the state's contribution required by subdivisions (a) and (b) of Section 22955 of the Education Code. 3. The amount referenced in Schedule (3) is the state's Supplemental Benefit Maintenance Account interest payment as specified and appropriated by subdivision (a) of Section 22954.5 of the Education Code.SEC. 56.Item 2240-001-0648 of Section 2.00 of the Budget Act of 2011 is amended to read: 2240-001-0648--For support of Department of Housing and Community Development, payable from the Mobilehome-Manufactured Home Revolving Fund........................ 17,029,000 Schedule: (1) 10-Codes and Standards Program... 25,395,000 (2) 20-Financial Assistance Program.. 23,663,000 (3) 30-Housing Policy Development Program. 3,711,000 (4) 50.01- Administration...... 12,027,000 (5) 50.02-Distributed Administration...... -12,027,000 (6) 50.03-Distributed Administration of the Housing Policy Development Program. -136,000 (7) Reimbursements...... -545,000 (8) Amount payable from the General Fund (Item 2240-001- 0001)............... -3,160,000 (9) Amount payable from the Air Pollution Control Fund (Item 2240-001-0115)...... -98,000 (10) Amount payable from the Mobilehome Parks and Special Occupancy Parks Revolving Fund (Item 2240-001- 0245)............... -6,642,000 (11) Amount payable from the Mobilehome Park Purchase Fund (Item 2240-001-0530)...... -643,000 (12) Amount payable from the Self-Help Housing Fund (Item 2240-001-0813)...... -119,000 (13) Amount payable from the Federal Trust Fund (Item 2240-001- 0890)............... -11,605,000 (14) Amount payable from the Housing Rehabilitation Loan Fund (Item 2240-001- 0929)............... -2,762,000 (15) Amount payable from the Rental Housing Construction Incentive Fund (Item 2240-001- 0938)............... -1,176,000 (16) Amount payable from the Predevelopment Loan Fund (Item 2240-001-0980)...... -317,000 (17) Amount payable from the Emergency Housing and Assistance Fund (Item 2240-001- 0985)............... -162,000 (18) Amount payable from the Building Standards Administration Special Revolving Fund (Item 2240-001- 3144)............... -529,000 (19) Amount payable from the Enterprise Zone Fund (Item 2240-001- 3165)............... -1,161,000 (20) Amount payable from the Building Equity and Growth in Neighborhoods Fund (Item 2240-001- 6038)............... -1,295,000 (21) Amount payable from the Building Equity and Growth in Neighborhoods (BEGIN) Fund (Item 2240-002-6038)...... -441,000 (22) Amount payable from the Regional Planning, Housing, and Infill Incentive Account, Housing and Emergency Shelter Trust Fund of 2006 (Item 2240-001- 6069)............... -2,558,000 (23) Amount payable from the Housing Urban- Suburban-and-Rural Parks Account, Housing and Emergency Shelter Trust Fund of 2006 (Item 2240-001- 6071)............... -1,068,000 (24) Amount payable from the Transit- Oriented Development Implementation Fund (Item 2240-001- 9736)............... -1,323,000 Provisions: 1. Notwithstanding Section 18077 of the Health and Safety Code or any other provision of law, the first $2,388,000 in revenues collected by the Department of Housing and Community Development from manufactured home license fees shall be deposited in the Mobilehome- Manufactured Home Revolving Fund, and shall be available to the department for the support, collection, administration, and enforcement of manufactured home license fees. 2. Notwithstanding Section 18077.5 of the Health and Safety Code or any other provision of law, the Department of Housing and Community Development is not required to comply with the reporting requirement of Section 18077.5 of the Health and Safety Code. 3. Of the funds provided in Schedule (20), and notwithstanding Section 50866 of the Health and Safety Code, $1,000,000 is appropriated to support workload related to housing element law, which the Legislature finds is consistent with Section 50863 of the Health and Safety Code.SEC. 57.Item 2240-001-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 2240-001-0890--For support of Department of Housing and Community Development, for payment to Item 2240-001-0648, payable from the Federal Trust Fund............... 11,605,000SEC. 58.Item 2240-001-6038 of Section 2.00 of the Budget Act of 2011 is amended to read: 2240-001-6038--For support of Department of Housing and Community Development, for payment to Item 2240-001-0648, payable from the Building Equity and Growth in Neighborhoods Fund........................ 1,295,000SEC. 59.Item 2240-101-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 2240-101-0001--For local assistance, Department of Housing and Community Development.................................. 5,629,000 Schedule: (1) 20-Financial Assistance Program.... 183,568,000 (2) Amount payable from the Federal Trust Fund (Item 2240-101- 0890)................. -177,939,000SEC. 60.Item 2240-101-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 2240-101-0890--For local assistance, Department of Housing and Community Development, for payment to Item 2240-101- 0001, payable from the Federal Trust Fund.. 177,939,000 Provisions: 1. Notwithstanding any other provision of law, federal funds appropriated by this item but not encumbered or expended by June 30, 2012, may be expended in the subsequent fiscal year.SEC. 61.Item 2240-101-6038 of Section 2.00 of the Budget Act of 2011 is amended to read: 2240-101-6038--For local assistance, Department of Housing and Community Development, payable from the Building 17,000,00 Equity and Growth in Neighborhoods Fund...... 0 Provisions: 1. Notwithstanding Section 16304.1 of the Government Code, funds appropriated in this item shall be available for liquidation of encumbrances until June 30, 2016. 2. No disbursements shall be made for awards from funds appropriated in this item unless the Director of Finance determines that there will be sufficient cash available from the sale of Housing and Emergency Shelter Trust Fund Act of 2002 (Proposition 46) bonds to fund prior awards of Proposition 46 bond funds.SEC. 62.Item 2240-490 is added to Section 2.00 of the Budget Act of 2011, to read: 2240-490--Reappropriation, Department of Housing and Community Development. The amounts specified in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2014: 0001--General Fund (1) Section 5 of Chapter 163, Statutes of 2006 (AB 1784), until June 30, 2014 6038--Building Equity and Growth in Neighborhoods (BEGIN) Fund (1) Item 2240-101-6038, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 2240-490, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), until June 30, 2013.................. 750,000 (2) Item 2240-101-6038, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), as reappropriated by Item 2240-490, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), until June 30, 2013.................. 5,160,000 (3) Item 2240-102-6038, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007, until June 30, 2013....... 20,010,000 Provisions: (1) Notwithstanding any other provision of law, the Department of Housing and Community Development shall notify the Department of Finance in writing prior to encumbering the funds listed in this item.SEC. 63.Item 2320-001-0317 of Section 2.00 of the Budget Act of 2011 is amended to read: 2320-001-0317--For support of Department of Real Estate, payable from the Real Estate Fund........................................ 47,966,000 Schedule: (1) 10-Licensing and Education............. 12,254,000 (2) 20-Enforcement and Recovery.............. 28,692,000 (3) 30-Subdivisions....... 7,362,000 (4) 40.10-Administration.. 10,299,000 (5) 40.20-Distributed Administration........ -10,206,000 (6) Reimbursements........ -435,000 Provisions: 1. Of the amount appropriated in this item, $500,000 shall be used only for the purposes of the Recovery Account. 2. Of the amount appropriated in this item, $2,611,500 shall be for estimated costs related to the relocation and consolidation of the Department of Real Estate's headquarters office and examination facility into one location during the 2011-12 fiscal year on or about January 1, 2012. It is the intent of the Legislature that the department not redirect amounts in excess of the amount estimated for relocation and consolidation costs, whether through lease terms or any other manner, to other purposes. Therefore, the department shall report to the Joint Legislative Budget Committee within 30 days of when the lease terms are finalized (a) the terms of the lease, (b) the amount of unneeded funds because the agreed- upon lease terms were lower than the original estimate, and (c) the final costs of the relocation and consolidation.SEC. 64.Item 2400-001-0890 is added to Section 2.00 of the Budget Act of 2011, to read: 2400-001-0890--For support of Department of Managed Health Care, payable from the Federal Trust Fund..................................... 3,905,000 Provisions: 1. The funds appropriated in this item shall be for education and outreach activities to raise consumer awareness about federal health care reform and the federal Patient Protection and Affordable Care Act (P.L. 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (P.L. 111-152).SEC. 65.Item 2600-001-0042 of Section 2.00 of the Budget Act of 2011 is amended to read: 2600-001-0042--For support of California Transportation Commission, for payment to Item 2600-001-0046, payable from the State Highway Account, State Transportation Fund............. 775,000 Provisions: 1. The amount appropriated in this item may be augmented by up to $400,000 to fund contracts for the provisions of legal, financial, and technical services needed to inform the California Transportation Commission pursuant to its responsibilities under Section 143 of the Streets and Highways Code and related to the Public-Private Partnership program. Any such augmentation shall require the approval of the Director of Finance, and the Director of Finance shall notify the Joint Legislative Budget Committee in writing within 10 days of such an approval. The notification shall include a description of the project or projects for which the augmentation was provided, including a description of the location, scope, and financing for the project or projects being evaluated.SEC. 66.Item 2660-001-0042 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-001-0042--For support of Department of Transportation, payable from the State Highway Account, State Transportation Fund...................................... 2,722,594,000 Schedule: (1) 10-Aeronautics...... 4,076,000 (2) 20.10-Highway Transportation-- Capital Outlay 1,696,881,00 Support............. 0 (3) 20.30-Highway Transportation-- Local Assistance.... 53,606,000 (4) 20.40-Highway Transportation-- Program Development. 84,362,000 (5) 20.65-Highway Transportation-- Legal............... 121,272,000 (6) 20.70-Highway Transportation-- Operations.......... 241,846,000 (7) 20.80-Highway Transportation-- 1,479,313,00 Maintenance......... 0 (8) 30-Mass Transportation...... 150,235,000 (9) 40-Transportation Planning............ 114,454,000 (10) 50.10- Administration Program Costs....... 455,730,000 (11) 50.20-Distributed Administration Program Costs....... -455,730,000 (12) 60.10-Equipment Service Program Costs............... 255,445,000 (13) 60.20-Distributed Equipment Service Program Costs....... -255,445,000 (14) Reimbursements...... -333,058,000 (15) Amount payable from the Aeronautics Account, State Transportation Fund (Item 2660-001- 0041)............... -3,589,000 (16) Amount payable from the Bicycle Transportation Account, State Transportation Fund (Item 2660-001- 0045)............... -10,000 (17) Amount payable from the Public Transportation Account, State Transportation Fund (Item 2660-001- 0046)............... -164,448,000 (18) Amount payable from the Historic Property Maintenance Fund (Item 2660-001- 0365)............... -1,640,000 (19) Amount payable from the Federal Trust Fund (Item 2660-001- 0890)............... -574,102,000 (20) Amount payable from the State Route 99 Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 2660-004- 6072)............... -18,215,000 (21) Amount payable from the Corridor Mobility Improvement Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 2660-004- 6055)............... -57,263,000 (22) Amount payable from the Trade Corridors Improvement Fund (Item 2660-004- 6056)............... -3,639,000 (23) Amount payable from the Transportation Facilities Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 2660- 004-6058)........... -46,098,000 (24) Amount payable from the Public Transportation Modernization, Improvement, and Service Enhancement Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 2660-004- 6059)............... -1,161,000 (25) Amount payable from the State-Local Partnership Program Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 2660-004- 6060)............... -727,000 (26) Amount payable from the Local Bridge Seismic Retrofit Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 2660-004- 6062)............... -1,653,000 (27) Amount payable from the Highway- Railroad Crossing Safety Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 2660- 004-6063)........... -373,000 (28) Amount payable from the Highway Safety, Rehabilitation, and Preservation Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 2660-004- 6064)............... -17,475,000 Provisions: 1. Notwithstanding any other provision of law, funds appropriated in this item from the State Highway 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. 2. Notwithstanding any other provision of law, funding appropriated in this item may be transferred to Item 2660-005- 0042 to pay for any necessary insurance, debt service, and other financing-related expenditures for Department of Transportation-owned office buildings. Any transfer will require the prior approval of the Department of Finance. 3. Of the funds appropriated in Schedule (2), $1,148,219,000 is for state staff and state staff cash overtime, $264,522,000 is for external consultant and professional services related to project delivery (also known as 232 contracts), and $78,381,000 is for operating expenses. The funds appropriated in Schedule (2) for external consultant and professional services related to project delivery that are unencumbered or encumbered but unexpended related to work that will not be performed during the fiscal year shall revert to the fund from which they were appropriated. 4. Notwithstanding any other provision of law, funds appropriated in this item may be supplemented with federal funding appropriation authority and with prior fiscal year State Highway Account appropriation balances at a level determined by the Department of Transportation as required to process claims utilizing federal advance construction through the plan of financial adjustment process pursuant to Sections 11251 and 16365 of the Government Code. 5. Notwithstanding any other provision of law, funds appropriated in Item 2660-001- 0042, 50.00-Administration from the State Highway Account, may be reduced and replaced by an equivalent amount of reimbursements determined by the Department of Transportation to be available and necessary to comply with Section 28.50 and the most effective management of state transportation resources. The reimbursements may also be reduced and replaced by an equivalent amount of funds from the State Highway Account. Not more than 30 days after replacing the State Highway Account funds with reimbursements and vice versa, 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. 6. Of the funds appropriated in Schedule (7), $231,666,000 is for major maintenance contracts for the preservation of highway pavement, and shall not be used to supplant any other funding that would have been used for major pavement maintenance. 7. Of the funds appropriated in Schedule (5), $68,556,000 is for the payment of tort lawsuit claims and awards. Any funds for that purpose that are unencumbered as of April 1, 2012, may be transferred to Item 2660-302-0042. Any transfer shall require the prior approval of the Department of Finance. 8. Of the funds appropriated in Schedule (2), transfers of expenditure authority may be made between Items 2660-001- 0042, 2660-001-0890, 2660-002- 3007, 2660-004-6055, 2660-004- 6056, 2660-004-6058, 2660-004- 6059, 2660-004-6060, 2660-004- 6062, 2660-004-6063, 2660-004- 6064, and 2660-004-6072 to accommodate changes in capital outlay and local assistance program-related workload by funding source or changes in availability of funds. The Department of Finance shall authorize the transfers not sooner than 30 days after notification of the necessity therefor 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. 9. Of the funds appropriated in this item, up to $63,000,000 is available for the replacement of vehicles necessary for compliance with regulations imposed by the State Air Resources Board. These funds shall be available only upon the completion of the fleet evaluation being conducted pursuant to Executive Order B-2- 11. After completion of the fleet evaluation, the Director of Finance shall reduce the amount of funds appropriated for the purchase of vehicles in this item to account for vehicles that are planned for retirement and do not need to be replaced. The Director of Finance shall also increase the appropriation for the Department of Transportation's pavement maintenance activities by an amount equivalent to the savings identified from vehicle replacements. The Director of Finance shall notify the Joint Legislative Budget Committee of the portion of the $63,000,000 in this item that is available for vehicle replacement and the portion that is available for pavement maintenance after adjustments have been made. 11. The Department of Finance may augment the amount appropriated in Schedule (2) by up to $1,000,000 for additional reimbursements from the High- Speed Rail Authority for additional requests 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 above the level for which expenditure authority has been provided in this budget act.SEC. 67.Item 2660-001-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-001-0890--For support of Department of Transportation, for payment to Item 2660-001-0042, payable from the Federal Trust Fund................................. 574,102,000 Provisions: 1. For Program 20-- Highway Transportation. For purposes of Section 163 of the Streets and Highways Code, all expenditures from this item shall be deemed to be expenditures from the State Highway Account, State Transportation Fund. 2. For Program 20-- Highway Transportation. Federal funds may be received from any federal source, and shall be deposited in the Federal Trust Fund. Any federal reimbursements shall be credited to the account from which the expenditures were originally made. 3. Notwithstanding any other provision of law, the Director of Finance may augment this item with additional federal funds in conjunction with an equivalent offsetting reduction in State Highway Account funds in Item 2660-001- 0042, pursuant to Provision 1 of that item, or Public Transportation Account funds in Item 2660-001-0046, pursuant to Provision 2 of that item. 4. Provision 8 of Item 2660-001- 0042 also applies to this item.SEC. 68.Item 2660-002-3007 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-002-3007--For support of Department of Transportation, payable from the Traffic Congestion Relief Fund........................ 12,962,000 Schedule: (1) 20.10-Highway Transportation-- Capital Outlay Support. 12,677,000 (2) 30-Mass Transportation. 285,000 Provisions: 1. Notwithstanding any other provision of law, if the California Transportation Commission allocates funds to Traffic Congestion Relief Program projects in the 2011-12 fiscal year, the Director of Finance may increase expenditure authority in this item for additional capital outlay staffing directly related to new Traffic Congestion Relief Program allocations after notifying the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations not later than 30 days prior to the effective date of the approval. 2. Provision 8 of Item 2660-001-0042 also applies to this item.SEC. 69.Item 2660-004-6055 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-004-6055--For support of Department of Transportation, for payment to Item 2660-001-0042, payable from the Corridor Mobility Improvement Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006............. 57,263,000 Provisions: 1. Provision 8 of Item 2660-001- 0042 also applies to this item.SEC. 70.Item 2660-004-6056 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-004-6056--For support of Department of Transportation, for payment to Item 2660- 001-0042, payable from the Trade Corridors Improvement Fund............................ 3,639,000 Provisions: 1. Provision 8 of Item 2660-001-0042 also applies to this item.SEC. 71.Item 2660-004-6058 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-004-6058--For support of Department of Transportation, for payment to Item 2660-001-0042, payable from the Transportation Facilities Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006............. 46,098,000 Provisions: 1. Provision 8 of Item 2660-001- 0042 also applies to this item.SEC. 72.Item 2660-004-6064 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-004-6064--For support of Department of Transportation, for payment to Item 2660-001-0042, payable from the Highway Safety, Rehabilitation, and Preservation Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006............................... 17,475,000 Provisions: 1. Provision 8 of Item 2660-001- 0042 also applies to this item.SEC. 73.Item 2660-004-6072 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-004-6072--For support of Department of Transportation, for payment to Item 2660-001-0042, payable from the State Route 99 Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006............................... 18,215,000 Provisions: 1. Provision 8 of Item 2660-001- 0042 also applies to this item.SEC. 74.Item 2660-102-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-102-0890--For local assistance, Department of Transportation, non-State Transportation Improvement Program (STIP), payable from the Federal Trust Fund..................................... 1,563,531,000 Schedule: (1) 20-Highway 1,426,531,00 Transportation...... 0 (2) 30-Mass Transportation...... 74,000,000 (3) 40-Transportation Planning............ 63,000,000 Provisions: 1. Notwithstanding any other provision of law, funds appropriated in this item may be transferred intraschedule or to Item 2660-101-0890, 2660-301- 0890, or 2660-302-0890. These transfers shall require the prior approval of the Department of Finance. Funds appropriated in Schedules (1) and (2) shall be available for allocation by the California Transportation Commission until June 30, 2013, and available for encumbrance and liquidation until June 30, 2017. 2. For Program 20-- Highway Transportation. For purposes of the Streets and Highways Code, all expenditures from this item shall be deemed to be expenditures from the State Highway Account, State Transportation Fund. 3. For Program 20-- Highway Transportation. Federal funds may be received from any federal source and shall be deposited in the Federal Trust Fund. Any federal reimbursements shall be credited to the account from which the expenditures were originally made.SEC. 75.Item 2660-104-6043 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-104-6043--For local assistance, Department of Transportation, non-State Transportation Improvement Program (STIP), payable from the High-Speed Passenger Train Bond Fund................. 154,261,000 Schedule: (1) 30.10-Mass Transportation...... 154,261,000 Provisions: 1. These funds shall be available for allocation by the California Transportation Commission until June 30, 2013, and available for encumbrance or liquidation until June 30, 2017. 2. Notwithstanding any other provision of law, funds appropriated in this item may be transferred to Item 2660-304- 6043. These transfers shall require prior approval of the Department of Finance.SEC. 76.Item 2660-104-6055 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-104-6055--For local assistance, 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.................................. 19,100,000 Schedule: (1) 20.30-Highway Transportation-- Local Assistance....... 19,100,000 Provisions: 1. These funds shall be available for allocation by the California Transportation Commission until June 30, 2013, and available for encumbrance and liquidation until June 30, 2017. 2. Notwithstanding any other provision of law, funds appropriated in this item may be transferred to Item 2660-304-6055. These transfers shall require the prior approval of the Department of Finance.SEC. 77.Item 2660-104-6056 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-104-6056--For local assistance, Department of Transportation, non-State Transportation Improvement Program (STIP), payable from the Trade Corridors Improvement Fund.......................... 520,192,000 Schedule: (1) 20.30-Highway Transportation-- Local Assistance.... 520,192,000 Provisions: 1. These funds shall be available for allocation by the California Transportation Commission until June 30, 2013, and available for encumbrance and liquidation until June 30, 2017. 2. Notwithstanding any other provision of law, funds appropriated in this item may be transferred intraschedule or to Item 2660-304-6056. These transfers shall require the prior approval of the Department of Finance.SEC. 78.Item 2660-104-6060 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-104-6060--For local assistance, Department of Transportation, non-State Transportation Improvement Program (STIP), payable from the State-Local Partnership Program Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006.................................. 96,518,000 Schedule: (1) 20.30-Highway Transportation-- Local Assistance....... 8,518,000 (2) 30.10-Mass Transportation......... 88,000,000 Provisions: 1. These funds shall be available for allocation by the California Transportation Commission until June 30, 2013, and available for encumbrance and liquidation until June 30, 2017. 2. Notwithstanding any other provision of law, funds appropriated in this item may be transferred intraschedule or to Item 2660-304- 6060. These transfers shall require the prior approval of the Department of Finance.SEC. 79.Item 2660-104-6062 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-104-6062--For local assistance, Department of Transportation, non-State Transportation Improvement Program (STIP), payable from the Local Bridge Seismic Retrofit Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006.................................. 13,792,000 Schedule: (1) 20.30-Highway Transportation-- Local Assistance....... 13,792,000 Provisions: 1. These funds shall be available for allocation by the California Transportation Commission until June 30, 2013, and available for encumbrance and liquidation until June 30, 2017.SEC. 80.Item 2660-302-0042 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-302-0042--For capital outlay, Department of Transportation, non-State Transportation Improvement Program (STIP), payable from the State Highway Account, State Transportation Fund........ 539,776,000 Schedule: (1 20-Highway Transportation... 1,483,776 ) ,000 (a) State Highway Operation and Protection (1,483,776,0 Program.... 00) (2 Reimbursements.............. -944,000, ) 000 Provisions: 1. These funds shall be available for allocation by the California Transportation Commission until June 30, 2013, and available for encumbrance and liquidation until June 30, 2017. 2. Notwithstanding any other provision of law, funds appropriated in this item may be transferred to Item 2660-101-0042, 2660-102-0042, 2660- 301-0042, or 2660-311-0042. These transfers shall require the prior approval of the Department of Finance. 3. No funds appropriated in this item are available for expenditure on specialty building facilities. For the purpose of this item, specialty building facilities are equipment facilities, maintenance facilities, material laboratories, and traffic management centers.SEC. 81.Item 2660-302-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-302-0890--For capital outlay, Department of Transportation, non-State Transportation Improvement Program (STIP), payable from the Federal Trust Fund..................................... 1,926,190,000 Schedule: (1 20-Highway Transportation.. 1,926,190 ) ,000 (a) State Highway Operation and Protection (1,926,190,0 Program... 00) Provisions: 1. Notwithstanding any other provision of law, amounts scheduled in this item may be transferred to Item 2660- 101-0890, 2660-102-0890, or 2660-301- 0890. These transfers shall require the prior approval of the Department of Finance. These funds shall be available for allocation by the California Transportation Commission until June 30, 2013, and available for encumbrance and liquidation until June 30, 2017. 2. For purposes of the Streets and Highways Code, all expenditures from this item shall be deemed to be expenditures from the State Highway Account, State Transportation Fund. 3. Federal funds may be received from any federal source and shall be deposited in the Federal Trust Fund. Any federal reimbursements shall be credited to the account from which the expenditures were originally made. 4. No funds appropriated in this item are available for expenditure on specialty building facilities. For the purpose of this item, specialty building facilities are equipment facilities, maintenance facilities, material laboratories, and traffic management centers.SEC. 82.Item 2660-304-6043 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-304-6043--For capital outlay, Department of Transportation, non-State Transportation Improvement Program (STIP), payable from the High-Speed Passenger Train Bond Fund................. 108,110,000 Schedule: (1) 30-Mass Transportation...... 108,110,000 Provisions: 1. These funds shall be available for allocation by the California Transportation Commission until June 30, 2013, and available for encumbrance and liquidation until June 30, 2017. 2. Notwithstanding any other provision of law, funds appropriated in this item may be transferred to Item 2660-104- 6043. These transfers shall require the prior approval of the Department of Finance.SEC. 83.Item 2660-304-6055 of Section 2.00 of the Budget Act of 2011 is amended 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........... 1,205,636,000 Schedule: (1) 20-Highway 1,205,636,00 Transportation...... 0 Provisions: 1. These funds shall be available for allocation by the California Transportation Commission until June 30, 2013, and available for encumbrance and liquidation until June 30, 2017. 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.SEC. 84.Item 2660-304-6056 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-304-6056--For capital outlay, Department of Transportation, non-State Transportation Improvement Program (STIP), payable from the Trade Corridors Improvement Fund.......................... 644,085,000 Schedule: (1) 20-Highway Transportation...... 33,358,000 (2) 30-Mass Transportation...... 610,727,000 Provisions: 1. These funds shall be available for allocation by the California Transportation Commission until June 30, 2013, and available for encumbrance and liquidation until June 30, 2017. 2. Notwithstanding any other provision of law, funds appropriated in this item may be transferred intraschedule or to Item 2660-104-6056. These transfers shall require the prior approval of the Department of Finance.SEC. 85.Item 2660-304-6059 of Section 2.00 of the Budget Act of 2011 is amended to read: 2660-304-6059--For capital outlay, Department of Transportation, payable from the Public Transportation, Modernization, Improvement, and Service Enhancement Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006..................... 239,855,000 Schedule: (1) 30-Mass Transportation...... 239,855,000 Provisions: 1. These funds shall be available for allocation by the California Transportation Commission until June 30, 2013, and available for encumbrance and liquidation until June 30, 2017. 2. Notwithstanding any other provision of law, funds appropriated in this item may be transferred to Item 2660-104- 6059. These transfers shall require the prior approval of the Department of Finance.SEC. 86.Item 2660-304-6064 is added to Section 2.00 of the Budget Act of 2011, 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...... 47,625,000 Schedule: (1) 20-Highway Transportation ....... 47,625,000 Provisions: 1. These funds shall be available for allocation by the California Transportation Commission until June 30, 2013, and available for encumbrance and liquidation until June 30, 2017.SEC. 87.Item 2660-304-6072 of Section 2.00 of the Budget Act of 2011 is amended 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.............................. 526,722,000 Schedule: (1) 20-Highway Transportation...... 526,722,000 Provisions: 1. These funds shall be available for allocation by the California Transportation Commission until June 30, 2013, and available for encumbrance and liquidation until June 30, 2017. 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.SEC. 88.Item 2660-490 is added to Section 2.00 of the Budget Act of 2011, to read: 2660-490--Reappropriation, Department of Transportation. Notwithstanding any other provision of law, the unencumbered balance in Item 2660-306-0942, Budget Act of 2008 (Chs. 268 and 269, Stats of 2008), is reappropriated for encumbrance and liquidation until June 30, 2012.SEC. 89.Item 2665-004-6043 of Section 2.00 of the Budget Act of 2011 is amended to read: 2665-004-6043--For support of High-Speed Rail Authority, payable in accordance with and from the proceeds of the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, payable from the High-Speed Passenger Train Bond Fund.................... 17,682,000 Schedule: (1) 10-Administration...... 9,282,000 (2) 20-Program Management and Oversight Contracts.............. 3,000,000 (3) 30-Public Information and Communications Contracts.............. 2,300,000 (4) 40-Fiscal and Other External Contracts..... 3,100,000 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 does 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 High-Speed Rail Authority shall use a portion of the funds appropriated in Schedule (3) to increase public outreach efforts in the central valley, consistent with the current plan of the High- Speed Rail Authority Board to make the central valley the initial segment for construction. 4. The Department of Finance may augment the amount appropriated in Schedule (4) by up to $1,000,000 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. 5. The High-Speed Rail Authority shall report at the time of budget hearings on its progress toward the transition of contracted work funded in Schedule (3) to state staff.SEC. 90.Item 2665-304-0890 is added to Section 2.00 of the Budget Act of 2011, to read: 2665-304-0890--For capital outlay, High- Speed Rail Authority, payable from the Federal Trust Fund........................... 42,663,000 Schedule: (1) 20.15.010-San Francisco to San Jose- -Acquisition.......... 7,433,000 (2) 20.25.010-San Jose to Merced--Acquisition... 9,585,000 (3) 20.30.010-Merced to Fresno--Acquisition... 4,710,000 (4) 20.40.010-Fresno to Bakersfield- -Acquisition.......... 7,520,000 (5) 20.45.010-Bakersfield to Palmdale- -Acquisition.......... 8,596,000 (6) 20.50.010-Palmdale to Los Angeles- -Acquisition.......... 2,688,000 (7) 20.60.010-Los Angeles to Anaheim- -Acquisition.......... 2,131,000 Provisions: 1. The projects identified in this item may be managed by the High- Speed Rail Authority. 2. The projects identified in this item are subject to review by the State Public Works Board. 3. Notwithstanding any other provision of law, each project in Schedules (1) to (7), inclusive, shall be the same as the respectively coded project in Schedules (1) to (7), inclusive, of Items 2665-304-6043, 2665-305- 0890, and 2665-305-6043. For a given project, funds appropriated in this item may be transferred to the same project in Item 2665-305-0890. These transfers shall require the prior approval of the Department of Finance. 4. The High-Speed Rail Authority shall not purchase a right-of-way prior to January 1, 2012, unless it determines that there is a critical need to purchase the right-of-way prior to that date, and it provides the Joint Legislative Budget Committee with a description of the proposed purchase and an explanation of the critical need at least 60 days prior to the date of the proposed purchase for legislative review. 5. The rail system for the portion of the project in Schedule (1) that runs through San Mateo and Santa Clara counties, shall remain substantially within the existing Caltrain corridor. This requirement shall be reflected in the environmental documents.SEC. 91.Item 2665-304-6043 is added to Section 2.00 of the Budget Act of 2011, to read: 2665-304-6043--For capital outlay, High- Speed Rail Authority, payable from the High- Speed Passenger Train Bond Fund.............. 47,233,000 Schedule: (1) 20.15.010-San Francisco to San Jose- - Acquisition.......... 7,434,000 (2) 20.25.010-San Jose to Merced-- Acquisition... 9,584,000 (3) 20.30.010-Merced to Fresno-- Acquisition... 4,710,000 (4) 20.40.010-Fresno to Bakersfield-- Acquisition............ 7,521,000 (5) 20.45.010-Bakersfield to Palmdale-- Acquisition............ 8,597,000 (6) 20.50.010-Palmdale to Los Angeles-- Acquisition............ 2,689,000 (7) 20.60.010-Los Angeles to Anaheim-- Acquisition............ 2,131,000 (8) 20.80.010-Merced to Sacramento-- Acquisition............ 2,167,000 (9) 20.90.010-Altamont Pass-- Acquisition..... 2,400,000 Provisions: 1. The projects identified in this item may be managed by the High- Speed Rail Authority. 2. The projects identified in this item are subject to review by the State Public Works Board. 3. Notwithstanding any other provision of law, each project in Schedules (1) to (9), inclusive, shall be the same as the respectively coded project in Schedules (1) to (7), inclusive, of Items 2665-304-0890, 2665-305- 0890, and 2665-305-6043, and Schedules (8) and (9) of Item 2665- 305-6043. For a given project, funds appropriated in this item may be transferred to the same project in Item 2665-305-6043. These transfers shall require the prior approval of the Department of Finance. 4. The High-Speed Rail Authority shall not purchase a right-of-way prior to January 1, 2012, unless it determines that there is a critical need to purchase the right-of-way prior to that date, and it provides the Joint Legislative Budget Committee with a description of the proposed purchase and an explanation of the critical need at least 60 days prior to the date of the proposed purchase for legislative review. 5. The rail system for the portion of the project specified in Schedule (1) that runs through the Counties of San Mateo and Santa Clara shall remain substantially within the existing Caltrain corridor. This requirement shall be reflected in the environmental documents.SEC. 92.Item 2665-305-0890 is added to Section 2.00 of the Budget Act of 2011, to read: 2665-305-0890--For capital outlay, High- Speed Rail Authority, payable from the Federal Trust Fund........................... 23,902,000 Schedule: (1) 20.15.010-San Francisco to San Jose- -Design............... 4,154,000 (2) 20.25.010-San Jose to Merced--Design........ 2,630,000 (3) 20.30.010-Merced to Fresno--Design........ 7,307,000 (4) 20.40.010-Fresno to Bakersfield--Design... 2,896,000 (5) 20.45.010-Bakersfield to Palmdale--Design... 4,828,000 (6) 20.50.010-Palmdale to Los Angeles--Design... 0 (7) 20.60.010-Los Angeles to Anaheim--Design.... 2,087,000 Provisions: 1. The projects identified in this item may be managed by the High- Speed Rail Authority. 2. The projects identified in this item are subject to review by the State Public Works Board. 3. The projects identified in this item may utilize design-bid-build construction or other methods of procurement consistent with practices, policies, and procedures of the High-Speed Rail Authority. 4. Notwithstanding any other provision of law, each project in Schedules (1) to (7), inclusive, shall be the same as the respectively coded project in Schedules (1) to (7), inclusive, of Items 2665-304-0890, 2665-304- 6043, and 2665-305-6043. For a given project, funds appropriated in this item may be transferred to the same project in Item 2665- 304-0890. These transfers shall require the prior approval of the Department of Finance. 5. The High-Speed Rail Authority shall not enter into a design- build contract prior to January 1, 2012, unless it determines that there is a critical need to enter into a design-build contract prior to that date, and it provides the Joint Legislative Budget Committee with a description of the proposed contract and an explanation of the critical need at least 60 days prior to entering into such a contract, in order to permit legislative review. 6. The rail system, for the portion of the project in Schedule (1) that runs through San Mateo and Santa Clara counties, shall remain substantially within the existing Caltrain corridor. The requirement imposed by this provision shall be reflected in the project design.SEC. 93.Item 2665-305-6043 is added to Section 2.00 of the Budget Act of 2011, to read: 2665-305-6043--For capital outlay, High- Speed Rail Authority, payable from the High- Speed Passenger Train Bond Fund.............. 24,808,000 Schedule: (1) 20.15.010-San Francisco to San Jose- - Design............... 4,154,000 (2) 20.25.010-San Jose to Merced-- Design........ 2,631,000 (3) 20.30.010-Merced to Fresno-- Design........ 7,307,000 (4) 20.40.010-Fresno to Bakersfield-- Design... 2,897,000 (5) 20.45.010-Bakersfield to Palmdale-- Design... 4,829,000 (6) 20.50.010-Palmdale to Los Angeles-- Design... 0 (7) 20.60.010-Los Angeles to Anaheim-- Design.... 2,087,000 (8) 20.80.010-Merced to Sacramento-- Design.... 83,000 (9) 20.90.010-Altamont Pass-- Design.......... 820,000 Provisions: 1. The projects identified in this item may be managed by the High- Speed Rail Authority. 2. The projects identified in this item are subject to review by the State Public Works Board. 3. The projects identified in this item may utilize design-bid-build construction or other methods of procurement consistent with practices, policies, and procedures of the High-Speed Rail Authority. 4. Notwithstanding any other provision of law, each project in Schedules (1) to (9), inclusive, shall be the same as the respectively coded project in Schedules (1) to (7), inclusive, of Items 2665-304-0890, 2665-304- 6043, and 2665-305-0890, and Schedules (8) and (9) of Item 2665- 304-6043. For a given project, funds appropriated in this item may be transferred to the same project in Item 2665-304-6043. These transfers shall require the prior approval of the Department of Finance. 5. The High-Speed Rail Authority shall not enter into a design- build contract prior to January 1, 2012, unless it determines that there is a critical need to enter into a design-build contract prior to that date, and it provides the Joint Legislative Budget Committee with a description of the proposed contract and an explanation of the critical need at least 60 days prior to entering into such a contract, in order to permit legislative review. 6. The rail system for the portion of the project specified in Schedule (1) that runs through the Counties of San Mateo and Santa Clara shall remain substantially within the existing Caltrain corridor. The requirement imposed by this provision shall be reflected in the project design.SEC. 94.Item 2720-491 is added to Section 2.00 of the Budget Act of 2011, to read: 2720-491--Reappropriation, Department of California Highway Patrol. The balances of the appropriations provided for in the following citations are reappropriated for the purposes and subject to the limitations in those appropriations, unless otherwise specified: 0044--Motor Vehicle Account, State Transportation Fund (1) Item 2720-301-0044, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), as partially reverted by Item 2720-495, Budget Act of 2010 (Ch. 712, Stats. 2010) (1) 50.04.004-California Highway Patrol Enhanced Radio System: Replace Towers and Vaults- -Preliminary plans and working drawingsSEC. 94.3.Item 2740-001-0044 of Section 2.00 of the Budget Act of 2011 is amended to read: 2740-001-0044--For support of Department of Motor Vehicles, payable from the Motor Vehicle Account, State Transportation Fund...................................... 825,168,000 Schedule: (1) 11-Vehicle/Vessel Identification and Compliance.......... 508,934,000 (2) 22-Driver Licensing and Personal Identification...... 244,286,000 (3) 25-Driver Safety.... 116,646,000 (4) 32-Occupational Licensing and Investigative Services............ 49,659,000 (5) 35-New Motor Vehicle Board....... 2,036,000 (6) 41.01- Administration...... 103,439,000 (7) 41.02-Distributed Administration...... -103,439,000 (8) Reimbursements...... -13,887,000 (9) Amount payable from the State Highway Account, State Transportation Fund (Item 2740-001- 0042)............... -47,201,000 (10) Amount payable from the New Motor Vehicle Board Account (Item 2740- 001-0054)........... -2,036,000 (11) Amount payable from the Motor Vehicle License Fee Account, Transportation Tax Fund (Item 2740-001- 0064)............... -25,000,000 (12) Amount payable from the Harbors and Watercraft Revolving Fund (Item 2740-001- 0516)............... -4,252,000 (13) Amount payable from the Federal Trust Fund (Item 2740-001- 0890)............... -3,832,000 (14) Amount payable from the Gold Star Family License Plate Account (Item 2740-001-3162)...... -185,000 Provisions: 1. No later than December 31 of each year up to and including 2014, the Department of Motor Vehicles shall report to the Joint Legislative Budget Committee and the policy committees on transportation of both houses of the Legislature on all of the following concerning the Information Technology Modernization project: (a) planned milestone completion dates versus actual milestone completion dates, (b) planned expenditures by phase versus actual expenditures by phase, and (c) description of adherence to scope and reasons for any changes.SEC. 94.6.Item 2740-001-0064 of Section 2.00 of the Budget Act of 2011 is amended to read: 2740-001-0064--For support of Department of Motor Vehicles, for payment to Item 2740-001-0044, payable from the Motor Vehicle License Fee Account, Transportation Tax Fund................... 25,000,000SEC. 95.Item 2740-490 is added to Section 2.00 of the Budget Act of 2011, to read: 2740-490--Reappropriation, Department of Motor Vehicles. The balances of the appropriations provided for in the following citations are reappropriated for the purposes and subject to the limitations in those appropriations, unless otherwise specified: 0042--State Highway Account, State Transportation Fund (1) Item 2740-301-0042, Budget Act of 2010 (Ch. 712, Stats. 2010) 0044--Motor Vehicle Account, State Transportation Fund (1) Item 2740-301-0044, Budget Act of 2010 (Ch. 712, Stats. 2010) (1) 71.06.020-Redding Field Office Reconfiguration Project- -Construction (3) 71.37.011-Oakland Field Office Reconfiguration Project- -Construction (5) 71.61.010-Fresno Field Office Replacement Project--Construction (7) Amount payable from the State Highway Account, State Transportation Fund (Item 2740- 301-0042) (8) Amount payable from the Motor Vehicle License Fee Account, Transportation Tax Fund (Item 2740-301-0064) 0064--Motor Vehicle License Fee Account, Transportation Tax Fund (1) Item 2740-301-0064, Budget Act of 2010 (Ch. 712, Stats. 2010)SEC. 96.Item 2740-495 is added to Section 2.00 of the Budget Act of 2011, to read: 2740-495--Reversion, Department of Motor Vehicles. As of June 30, 2011, $359,000 of the appropriations provided for in the following citations shall revert to the balances in the funds from which the appropriations were made: 0044--Motor Vehicle Account, State Transportation Fund (1) Item 2740-001-0044, Budget Act of 2010 (Ch. 712, Stats. 2010)............... 359,000 (1) 11-Vehicle/Vessel Identification and Compliance............. 202,000 (2) 22-Driver Licensing and Personal Identification......... 94,000 (3) 25-Driver Safety....... 45,000 (4) 32-Occupational Licensing and Investigative Services. 18,000 (6) 41.01-Administration... 36,000 (7) 41.02-Distributed Administration......... -36,000SEC. 97.Item 3110-101-0140 is added to Section 2.00 of the Budget Act of 2011, to read: 3110-101-0140--For local assistance, Special Resources Program, Program 10-Tahoe Regional Planning Agency, payable from the California Environmental License Plate Fund............... 3,999,000 Provisions: 1. The Tahoe Regional Planning Agency shall, by September 1, 2011, adopt a strategy for a Regional Plan update that, to the maximum extent practicable, provides for attainment of the environmental thresholds. The strategy shall be submitted to the Joint Legislative Budget Committee.SEC. 98.Item 3110-101-0516 is added to Section 2.00 of the Budget Act of 2011, to read: 3110-101-0516--For local assistance, Special Resources Program, Program 10-- Tahoe Regional Planning Agency, payable from the Harbors and Watercraft Revolving Fund........................................ 124,000 Provisions: 1. Notwithstanding any other provision of law, funds in this item shall be expended to implement motorized watercraft regulations adopted by the Tahoe Regional Planning Agency.SEC. 99.Item 3125-301-0262 is added to Section 2.00 of the Budget Act of 2011, to read: 3125-301-0262--For capital outlay, California Tahoe Conservancy, payable from the Habitat Conservation Fund................ 393,000 Schedule: (1) 50.30.003-For land acquisition and site improvements for wildlife enhancement pursuant to Title 7.42 (commencing with Section 66905) of the Government Code............ 393,000 Provisions: 1. The acquisition of real property or an interest in real property with funds appropriated in this item is not subject to the Property Acquisition Law when the value is $550,000 or less and therefore is not subject to approval by the State Public Works Board. 2. The amount appropriated in this item is available for expenditure for capital outlay or for local assistance until June 30, 2014. Expenditures of funds for grants to public agencies and grants to nonprofit organizations, as authorized by subdivision (a) of Section 66907.7 of the Government Code, are exempt from State Public Works Board review.SEC. 100.Item 3125-301-0286 is added to Section 2.00 of the Budget Act of 2011, to read: 3125-301-0286--For capital outlay, California Tahoe Conservancy, payable from the Lake Tahoe Conservancy Account............................. 594,000 Schedule: (1) 50.30.002-Land acquisition and site improvements-- Public access and recreation pursuant to Title 7.42 (commencing with Section 66905) of the Government Code......... 297,000 (2) 50.30.004-Land acquisition and site improvements-- Stream environment zones and watershed restorations pursuant to Title 7.42 (commencing with Section 66905) of the Government Code......... 3,737,000 (3) Reimbursements.......... -3,440,000 Provisions: 1. The acquisition of real property or an interest in real property with funds appropriated in this item is not subject to the Property Acquisition Law when the value is less than $550,000 and therefore is not subject to State Public Works Board approval. 2. The amount appropriated in this item is available for expenditure for capital outlay or for local assistance until June 30, 2014. Expenditures of funds for grants to public agencies and grants to nonprofit organizations, as authorized by subdivision (a) of Section 66907.7 of the Government Code, are exempt from State Public Works Board review.SEC. 101.Item 3125-301-0890 is added to Section 2.00 of the Budget Act of 2011, to read: 3125-301-0890--For capital outlay, California Tahoe Conservancy, payable from the Federal Trust Fund....................... 10,000,000 Schedule: (1) 50.30.009-Land acquisition and site improvements for implementation of the Environmental Improvement Program for the Lake Tahoe Basin, pursuant to Title 7.42 (commencing with Section 66905) of the Government Code....... 10,000,000 Provisions: 1. The acquisition of real property or an interest in real property with funds appropriated in this item is not subject to the Property Acquisition Law when the value is $550,000 or less and therefore is not subject to approval by the State Public Works Board. 2. The amount appropriated in this item is available for expenditure for capital outlay or local assistance until June 30, 2014. Expenditures of funds for grants to public agencies and grants to nonprofit organizations, as authorized by subdivision (a) of Section 66907.7 of the Government Code, are exempt from the State Public Works Board review.SEC. 102.Item 3125-301-6029 is added to Section 2.00 of the Budget Act of 2011, to read: 3125-301-6029--For capital outlay, California Tahoe Conservancy, payable from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund.......................................... 828,000 Schedule: (1) 50.30.009-Land acquisition and site improvements for implementation of the Environmental Improvement Program for the Lake Tahoe Basin, pursuant to Title 7.42 (commencing with Section 66905) of the Government Code.............. 828,000 Provisions: 1. The acquisition of real property or an interest in real property with funds appropriated in this item is not subject to the Property Acquisition Law when the value is $550,000 or less, and, therefore, is not subject to approval by the State Public Works Board. 2. The amount appropriated in this item is available for expenditure for capital outlay or local assistance until June 30, 2014. Expenditures of funds for grants to public agencies and grants to nonprofit organizations, as authorized by subdivision (a) of Section 66907.7 of the Government Code, are exempt from review by the State Public Works Board.SEC. 103.Item 3125-301-6031 is added to Section 2.00 of the Budget Act of 2011, to read: 3125-301-6031--For capital outlay, California Tahoe Conservancy, payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002................. 501,000 Schedule: (1) 50.30.009-Land acquisition and site improvements for implementation of the Environmental Improvement Program for the Lake Tahoe Basin, pursuant to Title 7.42 (commencing with Section 66905) of the Government Code.............. 501,000 Provisions: 1. The acquisition of real property or an interest in real property with funds appropriated in this item is not subject to the Property Acquisition Law when the value is $550,000 or less, and, therefore, is not subject to approval by the State Public Works Board. 2. The amount appropriated in this item is available for expenditure for capital outlay or local assistance until June 30, 2014. Expenditures of funds for grants to public agencies and grants to nonprofit organizations, as authorized by subdivision (a) of Section 66907.7 of the Government Code, are exempt from review by the State Public Works Board.SEC. 104.Item 3125-490 is added to Section 2.00 of the Budget Act of 2011, to read: 3125-490--Reappropriation, California Tahoe Conservancy. The balances of the appropriations provided in the following citations except for the amount specified in Item 3125-495 for reversion are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2014: 6029--California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (1) Item 3125-101-6029, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3125-490, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 10-Tahoe Conservancy (2) Item 3125-101-6029, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 3125-490, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 10-Tahoe Conservancy 6031--Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (1) Item 3125-101-6031, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3125-490, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 10-Tahoe Conservancy (2) Item 3125-101-6031, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 3125- 490, Budget Act of 2009 (Ch. 1, 2009- 10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 10-Tahoe ConservancySEC. 105.Item 3125-491 is added to Section 2.00 of the Budget Act of 2011, to read: 3125-491--Reappropriation, California Tahoe Conservancy. The balance of the appropriation provided in the following citation except for the amount specified in Item 3125-496 for reversion is reappropriated for the purposes provided for in that appropriation and shall be available for encumbrance or expenditure until June 30, 2014: 6029--California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (1) Item 3125-301-6029, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3125-491, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (3) 50.30.004-For land acquisition and site improvements for stream environment zones and watershed restorations pursuant to Title 7.42 (commencing with Section 66905) of the Government Code (5) ReimbursementsSEC. 106.Item 3125-492 is added to Section 2.00 of the Budget Act of 2011, to read: 3125-492--Reappropriation, California Tahoe Conservancy. Notwithstanding any other provision of law, the period to liquidate encumbrances of the following citations is extended until June 30, 2013: 0005--Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund (1) Item 3125-101-0005, Budget Act of 2003 (Ch. 157, Stats. 2003), as reappropriated by Item 3125-490, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), and as reappropriated by Item 3125-490, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 10-Tahoe Conservancy (2) Reimbursements 6029--California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (1) Item 3125-101-6029, Budget Act of 2003 (Ch. 157, Stats. 2003), as reappropriated by Item 3125-490, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), and as reappropriated by Item 3125-490, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 10-Tahoe Conservancy (2) Item 3125-101-6029, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006) (1) 10-Tahoe Conservancy 6031--Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (1) Item 3125-101-6031, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006) (1) 10-Tahoe ConservancySEC. 107.Item 3125-493 is added to Section 2.00 of the Budget Act of 2011, to read: 3125-493--Reappropriation, California Tahoe Conservancy. Notwithstanding any other provision of law, the period to liquidate encumbrances of the following citations is extended until June 30, 2013: 0005--Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund (1) Item 3125-301-0005, Budget Act of 2003 (Ch. 157, Stats. 2003), as reappropriated by Item 3125-491, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), and as reappropriated by Item 3125-491, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 50.30.002-Land acquisition and site improvements for public access and recreation (2) 50.30.003-Acquisition, restoration, and enhancement of habitat (3) 50.30.004-Land acquisition and site improvements for stream environment zones and watershed restorations (4) 50.30.005-Land acquisition 6029--California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (1) Item 3125-301-6029, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 3125-491, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 50.30.002-For land acquisition and site improvements for public access and recreation (2) 50.30.003-For land acquisition and site improvements for wildlife enhancement (3) 50.30.004-For land acquisition and site improvements for stream environment zones and watershed restoration (4) 50.30.005-For land acquisitions (5) Reimbursements 2) Item 3125-301-6029, Budget Act of 2006 (Ch. 47, Stats. 2006) (1) 50.30.002-For land acquisition and site improvements for public access and recreation (2) 50.30.003-For land acquisition and site improvements for wildlife enhancement (3) 50.30.004-For land acquisition and site improvements for stream environment zones and watershed restorations (4) 50.30.005-For land acquisitions (5) ReimbursementsSEC. 108.Item 3125-494 is added to Section 2.00 of the Budget Act of 2011, to read: 3125-494--Reappropriation, California Tahoe Conservancy. Notwithstanding any other provision of law, the period to liquidate encumbrances of the following citations is extended until June 30, 2013: 0262--Habitat Conservation Fund (1) Item 3125-301-0262, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006)SEC. 109.Item 3125-495 is added to Section 2.00 of the Budget Act of 2011, to read: 3125-495--Reversion, California Tahoe Conservancy. Notwithstanding Item 3125-490, as of June 30, 2011, the amounts specified for the appropriations provided in the following citations shall revert to the funds from which the appropriations were made: 6029-- California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (1) Item 3125-101-6029, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3125-490, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 10-Tahoe Conservancy... 12,827 (2) Item 3125-101-6029, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 3125-490, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 10-Tahoe Conservancy... 587,892 6031-- Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (1) Item 3125-101-6031, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3125-490, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 10-Tahoe Conservancy............ 76,536 (2) Item 3125-101-6031, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 3125-490, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 10-Tahoe Conservancy... 424,736SEC. 110.Item 3125-496 is added to Section 2.00 of the Budget Act of 2011, to read: 3125-496--Reversion, California Tahoe Conservancy. Notwithstanding Item 3125-491, as of June 30, 2011, the amounts specified for the appropriations provided in the following citations shall revert to the funds from which the appropriations were made: 6029-- California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (1) Item 3125-301-6029, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3125-490, Budget Act of 2009 (Ch. 1, 2009-10 3th Ex. Sess., as revised by Ch.1, 2009-10 4th Ex. Sess.) (3) 50.30.004-For land acquisition and site improvements for stream environment zones and watershed restorations pursuant to Title 7.42 (commencing with Section 66905) of the Government Code........ 229,928SEC. 111.Item 3340-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 3340-001-0001--For support of California Conservation Corps.......................... 33,282,000 Schedule: (1) 10-Training and Work Program............... 66,164,000 (2) 20.01-Administration.. 7,778,000 (3) 20.02-Distributed Administration........ -7,778,000 (5) Amount payable from the California Environmental License Plate Fund (Item 3340- 001-0140)............. -312,000 (6) Amount payable from the Collins-Dugan California Conservation Corps Reimbursement Account (Item 3340-001-0318).. -32,110,000 (7) Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 3340-001-6051)........ -460,000 Provisions: 1. Of the funds appropriated in this item, $2,725,000 shall be available for use by the California Conservation Corps to respond to natural disasters and other emergencies, including the fighting of forest fires. The Director of Finance may adjust this amount to the extent indicated by corrections identified by the director in the reports of the past expenditures of the California Conservation Corps upon which the amounts appropriated by this item are based. The Director of Finance shall notify the Chairperson of the Joint Legislative Budget Committee at least 30 days prior to making that adjustment. 2. To the extent that funds in excess of the amount identified in Provision 1 are necessary in order for the California Conservation Corps to respond to one or more emergencies declared by the Governor, the Department of Finance shall transfer, from the funds available pursuant to Section 8690.6 of the Government Code, an amount not to exceed $1,500,000 as necessary to fund that response. If, after the Department of Finance has transferred funds pursuant to this provision, the California Conservation Corps receives reimbursements or other amounts in payment of its costs of response to one or more declared emergencies, those amounts shall be deposited in the General Fund.SEC. 112.Item 3340-001-0318 of Section 2.00 of the Budget Act of 2011 is amended to read: 3340-001-0318--For support of California Conservation Corps, for payment to Item 3340-001-0001, payable from the Collins- Dugan California Conservation Corps Reimbursement Account...................... 32,110,000 Provisions: 1. Notwithstanding Section 14316 of the Public Resources Code, the Department of Finance may make a loan from the General Fund to the Collins-Dugan California Conservation Corps Reimbursement Account for the purposes of this item, in the amount of 25 percent of the reimbursements anticipated in the Collins-Dugan California Conservation Corps Reimbursement Account to be received by the California Conservation Corps from each client agency, not to exceed an aggregate total of $8,027,500 to meet cashflow needs due to delays in collecting reimbursements. Any loan made by the Department of Finance pursuant to this provision shall only be made if the California Conservation Corps 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 General Fund as soon as possible, but not later than one year from the date of the loan. On and after a date of 90 days after the end of that year, the Department of Finance shall charge interest to the California Conservation Corps, at the rate earned in the Pooled Money Investment Account, on any portion of the loan that has not been repaid. 2. Notwithstanding Sections 28.00 and 28.50, the Department of Finance may augment this item to reflect increases in reimbursements in the Collins- Dugan California Conservation Corps Reimbursement Account received from (a) another officer, department, division, bureau, or other agency of the state, or (b) a local government, the federal government, or nonprofit organizations that has requested emergency services from the California Conservation Corps after it has notified the Legislature through a letter to the Joint Legislative Budget Committee. Any augmentation that is deemed to be necessary on a permanent basis shall be submitted for review as a part of the regular budget process.SEC. 113.Item 3340-492 is added to Section 2.00 of the Budget Act of 2011, to read: 3340-492--Reappropriation, California Conservation Corps. The balances of the appropriations provided for 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 3340-301-0660, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 3340-490, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), Item 3340-491, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), and Item 3340-492, Budget Act of 2010 (Ch. 712, Stats. 2010) (1) 20.10.150-Delta Service District Center--Acquisition, preliminary plans, working drawings, and construction (2) Item 3340-301-0660, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), as reappropriated by Item 3340-491, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), and Item 3340-491, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 20.10.170-Tahoe Base Center Relocation--Acquisition, preliminary plans, working drawings, and construction (3) Item 3340-301-0660, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as reappropriated by Item 3340-492, Budget Act of 2010 (Ch. 712, Stats. 2010) (1) 20.10.150-Delta Service District Center Site--ConstructionSEC. 114.Item 3360-001-0382 of Section 2.00 of the Budget Act of 2011 is amended to read: 3360-001-0382--For support of Energy Resources Conservation and Development Commission, for payment to Item 3360-001- 0465, payable from the Renewable Resource Trust Fund................................ 6,264,000SEC. 115.Item 3360-001-0465 of Section 2.00 of the Budget Act of 2011 is amended to read: 3360-001-0465--For support of Energy Resources Conservation and Development Commission, payable from the Energy Resources Programs Account................. 68,496,000 Schedule: (1) 10-Regulatory and Planning............ 40,503,000 (2) 20-Energy Resources Conservation........ 64,031,000 (3) 30-Development...... 214,952,000 (4) 40.01-Policy, Management, and Administration...... 22,261,000 (5) 40.02-Distributed Policy, Management, and Administration.. -22,261,000 (6) Reimbursements...... -5,820,000 (7) Amount payable from the Motor Vehicle Account, State Transportation Fund (Item 3360-001- 0044)............... -140,000 (8) Amount payable from the Public Interest Research, Development, and Demonstration Fund (Item 3360-001- 0381)............... -43,300,000 (9) Amount payable from the Renewable Resource Trust Fund (Item 3360-001- 0382)............... - 6,264,000 (10) Amount payable from the Energy Technologies Research, Development, and Demonstration Account (Item 3360- 001-0479)........... -448,000 (11) Amount payable from the Local Government Geothermal Resources Revolving Subaccount, Geothermal Resources Development Account (Item 3360-001- 0497)............... -307,000 (12) Amount payable from the Federal Trust Fund (Item 3360-001- 0890)............... -57,594,000 (13) Amount payable from the Energy Facility License and Compliance Fund (Item 3360-001- 3062)............... -7,003,000 (14) Amount payable from the Natural Gas Subaccount, Public Interest Research, Development, and Demonstration Fund (Item 3360-001- 3109)............... -24,000,000 (15) Amount payable from the Alternative and Renewable Fuel and Vehicle Technology Fund (Item 3360-001- 3117)............... -106,114,000 Provisions: 1. Notwithstanding Section 16304.1 of the Government Code, funds appropriated in this item for the Energy Technology Export Program shall be available for liquidation of encumbrances until June 30, 2015. 2. Up to $200,000 of the funding appropriated in this item shall be available for an interagency agreement between the State Energy Resources Conservation and Development Commission and the Department of Finance's Office of Statewide Audits and Evaluations to conduct a program review by April 1, 2012, of the Energy Resources Program Account and the Renewable Resources Trust Fund, and their funding sources, for the period of July 1, 2009, to June 30, 2011, inclusive. The objective of the review is to determine, through a programmatic audit, how the Energy Commission sets funding priorities based on statute, including whether there exist positions for which statute does not specifically require workload by the Energy Commission, if duplication exists between programs, and how the Energy Commission adjusts revenue streams to statutory requirements.SEC. 116.Item 3480-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 3480-001-0001--For support of Department of Conservation.................................. 4,599,000 Schedule: (1) 10-Geologic Hazards and Mineral Resources Conservation........... 23,978,000 (2) 20-Oil, Gas, and Geothermal Resources... 31,113,000 (3) 30-Land Resource Protection............. 6,185,000 (4) 40.01-Administration... 11,022,521 (5) 40.02-Distributed Administration......... -11,022,521 (6) 60-Office of Mine Reclamation............ 8,292,000 (7) Reimbursements......... -8,989,000 (8) Amount payable from the Surface Mining and Reclamation Account (Item 3480-001- 0035).................. -2,236,000 (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).................. -2,611,000 (11) Amount payable from the Hazardous and Idle- Deserted Well Abatement Fund (Section 3206 of the Public Resources Code). -100,000 (12) Amount payable from the Mine Reclamation Account (Item 3480-001- 0336).................. -4,288,000 (13) Amount payable from the Strong Motion Instrumentation and Seismic Hazards Mapping Fund (Item 3480-001-0338)......... -8,937,000 (14) Amount payable from the Federal Trust Fund (Item 3480-001-0890)... -2,503,000 (15) Amount payable from the Bosco-Keene Renewable Resources Investment Fund (Item 3480-001-0940)......... -1,236,000 (16) Amount payable from the Acute Orphan Well Account, Oil, Gas, and Geothermal Administrative Fund (Item 3480-001-3102)... -805,000 (17) Amount payable from the Abandoned Mine Reclamation and Minerals Fund Subaccount, Mine Reclamation Account (Item 3480-001-3025)... -530,000 (18) Amount payable from the Oil, Gas, and Geothermal Administrative Fund (Item 3480-001-3046)... -29,248,000 (19) Amount payable from the Agriculture and Open Space Mapping Subaccount (Item 3480- 001-6004).............. -404,000 (20) Amount payable from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (Item 3480-001- 6029).................. -503,000 (21) Amount payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (Item 3480-001- 6031).................. -158,000 (22) Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 3480-001-6051)......... -2,409,000 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. 117.Item 3480-001-3046 of Section 2.00 of the Budget Act of 2011 is amended to read: 3480-001-3046--For support of Department of Conservation, for payment to Item 3480-001- 0001, payable from the Oil, Gas, and 29,248,00 Geothermal Administrative Fund............... 0 Provisions: 1. Of the amount appropriated in this item, a portion may be used for the collection and public dissemination of information related to hydraulic fracturing activities occurring in the state.SEC. 118.Item 3480-001-6031 of Section 2.00 of the Budget Act of 2011 is amended to read: 3480-001-6031--For support of Department of Conservation, for payment to Item 3480- 001-0001, payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002......... 158,000SEC. 119.Item 3480-001-6051 of Section 2.00 of the Budget Act of 2011 is amended to read: 3480-001-6051--For support of Department of Conservation, for payment to Item 3480- 001-0001, payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006.............................. 2,409,000SEC. 120.Item 3480-491 is added to Section 2.00 of the Budget Act of 2011, to read: 3480-491--Reappropriation, Department of Conservation. The balances of the appropriations provided in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2012: 6031--Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (1) Item 3480-001-6031, Budget Act of 2009, (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.)SEC. 121.Item 3480-492 is added to Section 2.00 of the Budget Act of 2011, to read: 3480-492--Reappropriation, Department of Conservation. The balance of the appropriation provided in the following citation is reappropriated for the purposes provided for in that appropriation and shall be available for encumbrance or expenditure until June 30, 2012: 6051--Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (1) Item 3480-001-6051, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.)SEC. 122.Item 3500-001-0133 of Section 2.00 of the Budget Act of 2011 is amended to read: 3500-001-0133--For support of Department of Resources Recycling and Recovery, payable from the California Beverage Container Recycling Fund................... 48,525,000 Schedule: (1) 11-Waste Reduction and Management...... 85,425,000 (2) 30.01- Administration...... 14,353,000 (3) 30.02-Distributed Administration...... -14,353,000 (4) 50-Beverage Container Recycling and Litter Reduction........... 48,738,000 (5) Reimbursements...... -307,000 (6) Amount payable from the California Used Oil Recycling Fund (Item 3500-001- 0100)............... -4,917,000 (7) Amount payable from the California Used Oil Recycling Fund (paragraph (1) of subdivision (a) of Section 48653 of the Public Resources Code)..... -5,048,000 (8) Amount payable from the California Used Oil Recycling Fund (paragraph (4) of subdivision (a) of Section 48653 of the Public Resources Code)..... -3,078,000 (9) Amount payable from the Air Pollution Control Fund (Item 3500-001-0115)...... -501,000 (10) Amount payable from the California Tire Recycling Management Fund (Item 3500-001- 0226)............... -29,597,000 (11) Amount payable from the Recycling Market Development Revolving Loan Subaccount, Integrated Waste Management Account (Item 3500-001- 0281)............... -890,000 (12) Amount payable from the Solid Waste Disposal Site Cleanup Trust Fund (Item 3500-001- 0386)............... -618,000 (13) Amount payable from the Integrated Waste Management Account, Integrated Waste Management Fund (Item 3500-001- 0387)............... -34,334,000 (14) Amount payable from the Integrated Waste Management Account, Integrated Waste Management Fund (Item 3500-006- 0387)............... -640,000 (15) Amount payable from the Farm and Ranch Solid Waste Cleanup and Abatement Account (Item 3500-001- 0558)............... -1,139,000 (16) Amount payable from the Federal Trust Fund (Item 3500-001- 0890)............... -63,000 (17) Amount payable from the Rigid Container Account (Item 3500- 001-3024)........... -167,000 (18) Amount payable from the Electronic Waste Recovery and Recycling Account, Integrated Waste Management Fund (Item 3500-001- 3065)............... -4,339,000 Provisions: 1. Notwithstanding any other provision of law, upon approval and order of the Department of Finance, the Department of Resources Recycling and Recovery may borrow sufficient funds for cashflow needs from special funds that otherwise provide support for the department. Any such loans are to be repaid with interest at the rate earned in the Pooled Money Investment Account. 2. The Department of Resources Recycling and Recovery shall convene a monthly workgroup starting July 1, 2011, and concluding December 31, 2011, to include legislative budget and policy staff and the Legislative Analyst's Office. This working group shall focus on correcting the following issues at the department: (a) separating the Division of Recycling from the former waste board functions, (b) ensuring that funds are not commingled between the Beverage Container Recycling Fund and the waste divisions, (c) removing any unnecessary career executive assignment positions that functionally duplicate any Governor's appointees, and (d) determining a pathway to return functional programs by policy area to foster expertise in subject areas.SEC. 123.Item 3500-404 is added to Section 2.00 of the Budget Act of 2011, to read: 3500-404--The amount loaned pursuant to Provision 1 of Item 3480-011-0269, Budget Act of 2003 (Ch. 157, Stats. 2003), as amended by Item 3480-401, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), shall not be required to be repaid until June 30, 2014. The Director of Finance shall order the repayment of all or a portion of this loan if he or she determines that either of the following circumstances exists: (1) the fund or account from which the loan was made has a need for the moneys, or (2) there is no longer a need for the moneys in the fund or account that received the loan.SEC. 124.Item 3500-405 is added to Section 2.00 of the Budget Act of 2011, to read: 3500-405--The amount loaned pursuant to Provision 1 of Item 3480-011-0278, Budget Act of 2003 (Ch. 157, Stats. 2003), as amended by Item 3480-401, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), shall not be required to be repaid until June 30, 2014. The Director of Finance shall order the repayment of all or a portion of this loan if he or she determines that either of the following circumstances exists: (1) the fund or account from which the loan was made has a need for the moneys, or (2) there is no longer a need for the moneys in the fund or account that received the loan.SEC. 125.Item 3540-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 3540-001-0001--For support of Department of Forestry and Fire Protection................ 437,594,000 Schedule: (1) 10-Office of the State Fire Marshal... 21,517,000 (2) 11-Fire Protection... 981,337,000 (3) 12-Resource Management........... 53,000,000 (4) 13-Board of Forestry and Fire Protection.. 449,000 (5) 20.01-Administration. 71,083,000 (6) 20.02-Distributed Administration....... -67,806,000 (7) Reimbursements....... -284,387,000 (8) Less funding provided by capital outlay............... -15,960,000 (8.5) Amount payable from the General Fund (Item 3540-005-0001). -2,760,000 (9) Amount payable from the General Fund (Item 3540-006-0001). -121,000,000 (10) Amount payable from the State Emergency Telephone Number Account (Item 3540- 001-0022)............ -3,009,000 (11) Amount payable from the Unified Program Account (Item 3540- 001-0028)............ -352,000 (12) Amount payable from the State Fire Marshal Licensing and Certification Fund (Item 3540-001- 0102)................ -2,723,000 (13) Amount payable from the California Environmental License Plate Fund (Item 3540-001-0140). -501,000 (14) Amount payable from the California Fire and Arson Training Fund (Item 3540-001- 0198)................ -3,090,000 (15) Amount payable from the Hazardous Liquid Pipeline Safety Fund (Item 3540-001-0209). -3,161,000 (16) Amount payable from the Public Resources Account, Cigarette and Tobacco Products Surtax Fund (Item 3540-001-0235)....... -356,000 (17) Amount payable from the Professional Forester Registration Fund (Item 3540-001-0300). -216,000 (18) Amount payable from the Federal Trust Fund (Item 3540-001- 0890)................ -23,558,000 (19) Amount payable from the Forest Resources Improvement Fund (Item 3540-001-0928). -7,933,000 (20) Amount payable from the Timber Tax Fund (Item 3540-001-0965). -35,000 (22) Amount payable from the Alternative and Renewable Fuel and Vehicle Technology Fund (Item 3540-001- 3117)................ -1,503,000 (23) Amount payable from the State Fire Marshal Fireworks Enforcement and Disposal Fund (Item 3540-001-3120)....... -320,000 (24) Amount payable from the Building Standards Administration Special Revolving Fund (Item 3540-001- 3144)................ -142,000 (25) Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 3540-001-6051)....... -980,000 (26) Amount payable from the State Responsibility Area Fire Protection Fund - (Item 3540-001-3063). 150,000,000 Provisions: 1. Notwithstanding any other provision of law, the Director of Finance may authorize the temporary or permanent redirection of funds from this item for purposes of emergency fire suppression and detection costs and related emergency refutation costs. 2. Notwithstanding any other provision of law, the Director of Finance may authorize a loan from the General Fund, in an amount not to exceed 35 percent of reimbursements appropriated in this item, to the Department of Forestry and Fire Protection, provided that: (a) The loan is to meet cash needs resulting from the delay in receipt of reimbursements for services provided. (b) The loan is for a short term and shall be repaid by September 30 of the fiscal year following that in which the loan was authorized. (c) Interest charges may be waived pursuant to subdivision (e) of Section 16314 of the Government Code. (d) The Director of Finance may not approve the loan unless the approval is made in writing and filed with the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations not later than 30 days prior to the effective date of the approval, or not later than whatever lesser time prior to that date the chairperson of the joint committee, or his or her designee, may determine. 3. The Director of Finance may adjust amounts in Schedule (2) to provide equivalent fire protection base funding changes to contract counties in accordance with Section 4130 of the Public Resources Code. Notwithstanding any other provision of law, the Director of Finance may authorize a loan from the General Fund to the Department of Forestry and Fire Protection to meet cash needs resulting from the delay in receipt of revenues into the Emergency Response Fund, provided that: (a) The loan is for a short term and shall be repaid by December 31 of the fiscal year following that in which the loan was authorized. (b) Interest charges may be waived pursuant to subdivision (e) of Section 16314 of the Government Code. (c) The Director of Finance may not approve the loan unless the approval is made in writing and filed with the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations not later than 30 days prior to the effective date of the approval, or not later than whatever lesser time prior to that date the chairperson of the joint committee, or his or her designee, may determine. 4. The Department of General Services, with the consent of the Department of Forestry and Fire Protection, may enter into a lease, lease-purchase agreement, or lease with a purchase option, with Riverside County for build- to-suit facilities to replace the Hemet- Ryan Air Attack Base, subject to Department of Finance approval. The agreement may contain one or more purchase options during the term of the agreement. Thirty days prior to approving any agreement pursuant to this provision, the Department of Finance shall notify the chairpersons of the committees in each house of the Legislature that consider appropriations and the Joint Legislative Budget Committee of the terms and conditions of the agreement. 5. The Department of Forestry and Fire Protection shall convene a working group consisting of legislative staff, department executive staff, the Department of Finance, the Legislative Analyst's Office, and at least two fire chiefs (one from northern California, one from southern California, and from both urban and rural districts) to discuss options for future funding, realignment, and possible changes in the state's management of wildland firefighting. The group shall meet no less than three times between July 1, 2011, and December 1, 2011, to the extent possible in person, but at a minimum by telephone. 6. The Department of Forestry and Fire Protection shall contract for an independent analysis of wildland firefighting costs as compared to other western states, and to produce recommendations for funding solutions to the above working group. 7. The Department of Forestry and Fire Protection shall report to the Legislature on the results of the working group's efforts in spring 2012 budget hearings, and shall work with the Legislature to implement any feasible changes to the budget at that time. 8. Of the amount provided in this item, the Department of Forestry and Fire Protection shall collect sufficient funds to cover the cost of Timber Harvest Plans in accordance with subdivision (a) of Section 21089 of the Public Resources Code, except that the funds collected shall not exceed $10,000,000.SEC. 125.3.Item 3540-001-3063 is added to Section 2.00 of the Budget Act of 2011, to read: 3540-001-3063--For support of the Department of Forestry and Fire Protection, for payment to Item 3540-001- 0001, payable from the State Responsibility Area Fire Protection Fund.. 150,000,000SEC. 126.Item 3540-301-0668 is added to Section 2.00 of the Budget Act of 2011, to read: 3540-301-0668--For capital outlay, Department of Forestry and Fire Protection, payable from the Public Buildings Construction Fund Subaccount.................................... 500,000 Schedule: (1) 30.20.145-Shasta Trinity Unit Headquarter: Relocate Facility..................... 200,000 (2) 30.40.200-Blanchard Fire Station: Replace Facility- -Acquisition................. 300,000 Provisions: 1. Notwithstanding any other provision of law, the funds appropriated in Schedule (1) may be used to acquire less than fee interests in real property, including a purchase option or a lease with purchase option, subject to State Public Works Board approval.SEC. 127.Item 3540-494 is added to Section 2.00 of the Budget Act of 2011, to read: 3540-494--Reappropriation, extension of liquidation period, Department of Forestry and Fire Protection. Notwithstanding any other provision of law, the balances of the appropriations provided in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2012, and liquidation of encumbrance until June 30, 2014: 6029--California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (1) Item 3540-001-6029, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as reappropriated by Item 3540-490 (Ch. 712, Stats. 2010) (2) Item 3540-101-6029, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as reappropriated by Item 3540-490 (Ch. 712, Stats. 2010)SEC. 128.Item 3600-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 3600-001-0001--For support of Department of Fish and Game............................... 63,595,000 Schedule: (1) 20-Biodiversity Conservation Program............. 98,126,000 (2) 25-Hunting, Fishing, and Public Use................. 109,751,000 (3) 30-Management of Department Lands and Facilities...... 64,948,000 (4) 40-Enforcement...... 73,350,000 (4.5) 45-Communication, Education, and Outreach............ 4,678,000 (5) 50-Spill Prevention and Response........ 34,570,000 (5.5) 61-Fish and Game Commission.......... 1,431,000 (6) 70.01- Administration...... 45,125,000 (7) 70.02-Distributed Administration...... -45,125,000 (8) Reimbursements...... -53,194,000 (9) Amount payable from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund (Item 3600-001- 0005)............... -500,000 (10) Amount payable from the California Environmental License Plate Fund (Item 3600-001- 0140)............... -13,473,000 (11) Amount payable from the Fish and Game Preservation Fund (Item 3600-001- 0200)............... -115,483,000 (12) Amount payable from the Fish and Wildlife Pollution Account (Item 3600- 001-0207)........... -2,798,000 (13) Amount payable from the California Waterfowl Habitat Preservation Account, Fish and Game Preservation Fund (Item 3600-001- 0211)............... -245,000 (14) Amount payable from the Marine Invasive Species Control Fund (Item 3600-001- 0212)............... -1,348,000 (15) Amount payable from the Public Resources Account, Cigarette and Tobacco Products Surtax Fund (Item 3600-001-0235)...... -2,075,000 (16) Amount payable from the Oil Spill Prevention and Administration Fund (Item 3600-001- 0320)............... -23,711,000 (17) Amount payable from the Environmental Enhancement Fund (Item 3600-001- 0322)............... -358,000 (18.5) Amount payable from the Harbors and Watercraft Revolving Fund (Item 3600-001- 0516)............... -2,392,000 (19) Amount payable from the Federal Trust Fund (Item 3600-001- 0890)............... -71,346,000 (20) Amount payable from the Special Deposit Fund (Item 3600-001- 0942)............... -1,618,000 (21) Amount payable from the Hatchery and Inland Fisheries Fund (Item 3600- 001-3103)........... -24,718,000 (24) Amount payable from the Interim Water Supply and Water Quality Infrastructure and Management Subaccount (Item 3600-001-6027)...... -746,000 (26) Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 3600-001- 6051)............... -7,517,000 (27) Amount payable from the Salton Sea Restoration Fund (Item 3600-001- 8018)............... -1,601,000 (28) Amount payable from the California Sea Otter Fund (Item 3600-001-8047)...... -136,000 Provisions: 1. The funds appropriated in this item may be increased with the approval of, and under the conditions set by, the Director of Finance to meet current obligations proposed to be funded in Schedules (8) and (19). The funds appropriated in this item shall not be increased until the Department of Fish and Game has a valid contract, signed by the client agency, that provides sufficient funds to finance the increased authorization. This increased authorization may not be used to expand services or create new obligations. Reimbursements received under Schedules (8) and (19) shall be used in repayment of any funds used to meet current obligations pursuant to this provision. 2. The funds appropriated in this item for purposes of subdivision (n) of Section 75050 of the Public Resources Code shall continue only so long as the Bureau of Reclamation within the United States Department of the Interior continues to provide federal funds and continues to carry out federal actions to implement the settlement agreement in Natural Resources Defense Council v. Rodgers (2005) 381 F.Supp.2d 1212. 3. The funds appropriated in this item shall not be used by the Department of Fish and Game for suction dredge mining regulation, permitting, or other activities, except litigation and enforcement costs.SEC. 129.Item 3600-001-0200 of Section 2.00 of the Budget Act of 2011 is amended to read: 3600-001-0200--For support of Department of Fish and Game, for payment to Item 3600-001-0001, payable from the Fish and Game Preservation Fund.................... 115,483,000SEC. 130.Item 3600-001-0320 of Section 2.00 of the Budget Act of 2011 is amended to read: 3600-001-0320--For support of Department of Fish and Game, for payment to Item 3600-001-0001, payable from the Oil Spill Prevention and Administration Fund........ 23,711,000SEC. 131.Item 3600-001-3103 of Section 2.00 of the Budget Act of 2011 is amended to read: 3600-001-3103--For support of Department of Fish and Game, for payment to Item 3600-001- 0001, payable from the Hatchery and Inland 24,718,00 Fisheries Fund............................... 0 Provisions: 1. Notwithstanding Section 13007 of the Fish and Game Code, $1,500,000 shall be allocated by the Department of Fish and Game for timber harvest plan review required under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) functional equivalent certification to evaluate and mitigate the potential adverse impacts of timber operations on the public trust fish and wildlife resources of the state, including, but not limited to, salmonid fisheries. 2. Notwithstanding Section 13007 of the Fish and Game Code, $500,000 shall be allocated by the Department of Fish and Game for state forest nurseries, including, but not limited to, the operation of the Magalia Reforestation Center, to ensure ongoing mitigation of the potential adverse impacts of small-scale forest operations on the public trust fish and wildlife resources of the state, including, but not limited to, salmonid fisheries. 3. $500,000 shall be allocated for the Department of Fish and Game's Heritage and Wild Trout Program to support the identification, restoration, and promotion of California's Wild Trout Waters and Heritage Trout Waters, consistent with Section 13007 of the Fish and Game Code and existing program priorities. The department may make grants to or enter into contracts with qualified entities, including, but not limited to, nonprofit organizations, if the department determines that such grants or contracts are necessary for the implementation of this provision.SEC. 132.Item 3600-001-6051 of Section 2.00 of the Budget Act of 2011 is amended to read: 3600-001-6051--For support of Department of Fish and Game, for payment to Item 3600-001- 0001, payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006... 7,517,000 Provisions: 1. The amount appropriated in this item shall be available for expenditure until June 30, 2013.SEC. 133.Item 3600-301-0235 of Section 2.00 of the Budget Act of 2011 is amended to read: 3600-301-0235--For capital outlay, Department of Fish and Game, payable from the Public Resources Account, Cigarette and Tobacco Products Surtax Fund................. 720,000 Schedule: (1) 90.99.100-Minor Projects... 720,000 Provisions: 1. The funds appropriated in Schedule (1) include funding for construction and preconstruction activities, including, but not limited to, study, environmental documents, preliminary plans, working drawings, equipment, and other costs relating to the design and construction of facilities, that may be performed by the Department of Fish and Game, subject to approval by the Department of Finance. While the Department of Fish and Game may manage these projects, the projects are not subject to review by the State Public Works Board.SEC. 134.Item 3600-301-3103 is added to Section 2.00 of the Budget Act of 2011, to read: 3600-301-3103--For capital outlay, Department of Fish and Game, payable from the Hatchery and Inland Fisheries Fund....... 1,650,000 Schedule: (1) 90.99.100-Minor Projects... 1,650,000 Provisions: 1. The funds appropriated in Schedule (1) include funding for construction and preconstruction activities, including, but not limited to, study, environmental documents, preliminary plans, working drawings, equipment, and other costs relating to the design and construction of facilities, that may be performed by the Department of Fish and Game, subject to approval by the Department of Finance. While the Department of Fish and Game may manage these projects, the projects are not subject to review by the State Public Works Board.SEC. 135.Item 3600-301-6051 is added to Section 2.00 of the Budget Act of 2011, to read: 3600-301-6051--For capital outlay, Department of Fish and Game, payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006...................... 0 Schedule: (1) 90.60.001-San Joaquin River Salmon Conservation and Research Facility- -Preliminary plans and working drawings........ 1,404,000 (2) Reimbursements.......... -1,404,000 Provisions: 1. Notwithstanding Section 1.80, the funds appropriated in this item shall be available for expenditure until June 30, 2013. 2. Notwithstanding Section 6.00, the funds appropriated to the Natural Resources Agency, from Proposition 84 for San Joaquin River Restoration activities, may be used to reimburse costs associated with this project.SEC. 136.Item 3600-491 is added to Section 2.00 of the Budget Act of 2011, to read: 3600-491--Reappropriation, Department of Fish and Game. Notwithstanding any other provision of law, the amounts appropriated for the Automated License Data System in the following citations are hereby reappropriated until June 30, 2014, to the Department of Fish and Game for the purposes and subject to the limitations, unless otherwise specified, provided for in those appropriations: 0200--Fish and Game Preservation Fund (1) Item 3600-001-0200, Budget Act of 2009 (Ch.1, Stats 2009-10, 3rd Ex. Sess., as revised by Ch. 1, Stats 2009-10, 4th Ex. Sess.)..... 2,044,000 (2) Item 3600-001-0200, Budget Act of 2010 (Ch. 712, Stats 2010)....................... 900,000 3103--Hatchery and Inland Fisheries Fund (1) Item 3600-001-3103, Budget Act of 2009 (Ch.1, Stats 2009-10, 3rd Ex. Sess., as revised by Ch. 1, Stats 2009-10, 4th Ex. Sess.)..................... 476,000 (2) Item 3600-001-3103, Budget Act of 2010 (Ch. 712, Stats 2010)....................... 499,000SEC. 137.Item 3640-301-0262 of Section 2.00 of the Budget Act of 2011 is amended to read: 3640-301-0262--For capital outlay, Wildlife Conservation Board, payable from the Habitat Conservation Fund............................. 20,663,000 Schedule: (1) 80.10-Wildlife Conservation Board Projects (Unscheduled). 20,663,000 Provisions: 1. The funds appropriated in this item are provided in accordance with the Wildlife Conservation Law of 1947 and therefore shall not be subject to State Public Works Board review. 2. The amount appropriated in this item is available for expenditure for capital outlay or local assistance until June 30, 2014.SEC. 138.Item 3640-301-0447 of Section 2.00 of the Budget Act of 2011 is amended to read: 3640-301-0447--For capital outlay, Wildlife Conservation Board, payable from the Wildlife Restoration Fund.................... 1,000,000 Schedule: (1) 80.10.010-Minor Projects... 1,000,000 Provisions: 1. The funds appropriated in this item are provided in accordance with the provisions of the Wildlife Conservation Law of 1947 and, therefore, shall not be subject to State Public Works Board review. 2. The amount appropriated in this item is available for expenditure for capital outlay or local assistance.SEC. 139.Item 3640-490 of Section 2.00 of the Budget Act of 2011 is amended to read: 3640-490--Reappropriation, Wildlife Conservation Board. The balances of the appropriations provided in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2014: 0262-- Habitat Conservation Fund (1) Item 3640-301-0262, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007) (1) 80.10-Wildlife Conservation Board Projects 6051--Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (1) Item 3640-301-6051, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (1) 80.10-Wildlife Conservation Board ProjectsSEC. 140.Item 3640-492 is added to Section 2.00 of the Budget Act of 2011, to read: 3640-492--Reappropriation, Wildlife Conservation Board. Notwithstanding any other provision of law, the period to liquidate encumbrances of the following citations is extended to June 30, 2013: 0262--Habitat Conservation Fund (1) Item 3640-301-0262, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3640-492, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 80.10-Wildlife Conservation Board Projects (Unscheduled) 6031--Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (1) Item 3640-311-6031, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3640-492, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.)SEC. 141.Item 3640-493 is added to Section 2.00 of the Budget Act of 2011, to read: 3640-493--Reappropriation, Wildlife Conservation Board. Notwithstanding any other provision of law, the period to liquidate encumbrances of the following citations is extended to June 30, 2013: 0005--Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund (1) Item 3640-302-0005, Budget Act of 2000 (Ch. 52, Stats. 2000), as reappropriated by Item 3640-490, Budget Act of 2003 (Ch. 157, Stats. 2003), and as reappropriated by Item 3640-490, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006) (1) 80.10.603-San Joaquin River Conservancy--Project and acquisitionSEC. 142.Item 3680-001-0516 of Section 2.00 of the Budget Act of 2011 is amended to read: 3680-001-0516--For support of Department of Boating and Waterways, payable from the Harbors and Watercraft Revolving Fund......... 17,567,000 Schedule: (1) 10-Boating Facilities.. 18,383,000 (2) 20-Boating Operations.. 8,757,000 (3) 30-Beach Erosion Control................ 355,000 (4) 40.01-Administration... 2,313,000 (5) 40.02-Distributed Administration......... -2,313,000 (6) Reimbursements......... -15,000 (7) Amount payable from the Federal Trust Fund (Item 3680-001- 0890).................. -9,768,000 (8) Less funding provided by capital outlay...... -145,000 Provisions: 1. Notwithstanding Section 85.2 of the Harbors and Navigation Code, $355,000 of the funds appropriated in this item shall be expended for support of the Beach Erosion Control program. 2. Notwithstanding any other provision of law, $300,000 of the funds appropriated in Schedule (1) may be used for emergency repairs.SEC. 143.Item 3680-101-0516 of Section 2.00 of the Budget Act of 2011 is amended to read: 3680-101-0516--For local assistance, Department of Boating and Waterways, payable from the Harbors and Watercraft Revolving 26,160,00 Fund.......................................... 0 Schedule: (1) 10-Boating Facilities.......... 17,638,00 0 (a) Launching Facility (11,195,000 Grants......... ) (1) Channel Islands BLF....... (4,510,000) (2) Santa Barbara BLF....... (350,000) (3) Glorietta Bay BLF... (630,000) (4) Santa Margarita Lake BLF.. (540,000) (5) Lake Isabella BLF....... (470,000) (6) Redbud BLF....... (945,000) (7) Mayflower BLF....... (620,000) (8) Sandy Beach BLF. (60,000) (9) Ramp Repair & Modificati on........ (500,000) (10) Non- Motorized Boat Launching Facilities .......... (300,000) (11) Floating Restrooms. (300,000) (12) Signs..... (20,000) (13) Statewide Reassessed Project Grant Funding... (1,000,000) (14) Reimbursem ent Grants.... (950,000) (b) Public Small Craft Harbor Loans.......... (4,500,000) (1) Santa Cruz Harbor, Santa Cruz Port District.. (2,500,000) (2) Santa Barbara Harbor, City of Santa Barbara... (1,700,000) (3) Statewide- - Emergency Loans..... (300,000) (c) Clean Vessel Act Grant Program........ (843,000) (d) Boating Trails. (1,000,000) (e) Boating Infrastructure Grant Program.. (100,000) (2) 20-Boating Operations.......... 13,700,00 0 (3) 30-Beach Erosion Control....... 2,005,000 (4) Reimbursements................. -1,000,00 0 (5) Amount payable from the Abandoned Watercraft Abatement Fund (Item 3680-101-0577)...... -600,000 (6) Amount payable from the Federal Trust Fund (Item -4,443,00 3680-101-0890)................. 0 (7) Amount payable from the Public Beach Restoration Fund (Item -1,140,00 3680-101-3001)................. 0 Provisions: 1. Of the funds appropriated in Schedule (2), Program 20-Boating Operations, $10,600,000 is for boating safety and enforcement programs pursuant to Section 663.7 of the Harbors and Navigation Code.SEC. 144.Item 3680-301-0516 of Section 2.00 of the Budget Act of 2011 is amended to read: 3680-301-0516--For capital outlay, Department of Boating and Waterways, payable from the Harbors and Watercraft Revolving Fund......... 7,435,000 Schedule: (1) 50.99.020-Minor Projects.... 4,185,000 (2) 50.99.010-Channel Islands Boating Instruction and Safety Center--Construction. 3,250,000SEC. 145.Item 3720-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 3720-001-0001--For support of California Coastal Commission.......................... 10,798,000 Schedule: (1) 10-Coastal Management Program............... 16,820,000 (2) 20-Coastal Energy Program............... 1,129,000 (3) 30.01-Administration.. 2,749,000 (4) 30.02-Distributed Administration........ -2,649,000 (5) Reimbursements........ -2,328,000 (6) Amount payable from California Beach and Coastal Enhancement Account (Item 3720- 001-0371)............. -581,000 (6.5) Amount payable from the State Coastal Conservancy Fund (Item 3720-001-0565).. -1,136,000 (7) Amount payable from the Federal Trust Fund (Item 3720-001- 0890)................. -2,559,000 (8) Amount payable from the Coastal Act Services Fund (Item 3720-001-3123)........ -647,000SEC. 146.Item 3720-001-0565 is added to Section 2.00 of the Budget Act of 2011, to read: 3720-001-0565--For support of California Coastal Commission, for payment to Item 3720- 001-0001, payable from the State Coastal Conservancy Fund............................... 1,136,000 Provisions: 1. Notwithstanding any other provision of law, the funds appropriated in this item shall be available for encumbrance or expenditure until June 30, 2013.SEC. 147.Item 3760-001-0565 of Section 2.00 of the Budget Act of 2011 is amended to read: 3760-001-0565--For support of State Coastal Conservancy, payable from the State Coastal Conservancy Fund............................... 835,000 Schedule: (1) 15-Coastal Resource Development............ 4,527,000 (2) 25-Coastal Resource Enhancement............ 6,578,000 (3) 90.01-Administration and Support............ 3,702,000 (4) 90.02-Distributed Administration......... -3,702,000 (5) Reimbursements......... -374,000 (6) Amount payable from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund (Item 3760-001-0005)... -1,518,000 (8) Amount payable from the California Environmental License Plate Fund (Item 3760- 001-0140).............. -1,503,000 (9) Amount payable from the Federal Trust Fund (Item 3760-001-0890)... -137,000 (10) Amount payable from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (Item 3760-001- 6029).................. -2,030,000 (11) Amount payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (Item 3760-001- 6031).................. -720,000 (12) Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 3760-001-6051)......... -2,745,000 (13) Amount payable from the California Ocean Protection Trust Fund (Item 3760-001-6076)... -1,086,000 (14) Amount payable from the California Sea Otter Fund (Item 3760- 001-8047).............. -157,000 Provisions: 1. Notwithstanding any other provision of law, upon approval and order of the Department of Finance, the State Coastal Conservancy may borrow sufficient funds from the State Coastal Conservancy Fund 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 State Coastal Conservancy has a valid contract or certification signed by the agency providing the reimbursements, which demonstrates that sufficient funds will be available to repay the loan. All moneys so transferred shall be repaid to the State Coastal Conservancy Fund as soon as possible, but not later than one year from the date of the loan. 2. Of the funds appropriated by this act from the General Fund, special funds, or bond funds to the State Coastal Conservancy for local assistance or capital outlay, upon approval of the Department of Finance, the conservancy may allocate an amount not to exceed 1.5 percent of each project's allocation to provide for the department's costs to administer the projects.SEC. 148.Item 3760-001-6051 of Section 2.00 of the Budget Act of 2011 is amended to read: 3760-001-6051--For support of State Coastal Conservancy, for payment to Item 3760-001-0565, payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006................... 2,745,000SEC. 149.Item 3760-001-6076 of Section 2.00 of the Budget Act of 2011 is amended to read: 3760-001-6076--For support of State Coastal Conservancy, for payment to Item 3760-001-0565, payable from the California Ocean Protection Trust Fund.... 1,086,000SEC. 150.Item 3760-301-0262 of Section 2.00 of the Budget Act of 2011 is amended to read: 3760-301-0262--For capital outlay, State Coastal Conservancy, payable from the Habitat Conservation Fund.................... 4,000,000 Schedule: (1) 80.93.025-Coastal Resource Enhancement.. 8,000,000 (2) Reimbursements........ -4,000,000 Provisions: 1. (a) The State Coastal Conservancy shall not enter into a grant contract with a nonprofit organization or local government for property acquisition unless the grant contract provides a reversionary interest to the state that specifies that the property shall not revert to the state without review and approval by the State Coastal Conservancy and the State Public Works Board. (b) The State Coastal Conservancy shall not enter into a grant contract with a nonprofit organization or local government for property acquisition that provides for a state leasehold interest in property acquired by a nonstate public agency with grant funds of the State Coastal Conservancy unless the Director of General Services approves the lease terms. (c) Except for the above, the expenditures of funds for grants to nonstate public agencies and nonprofit organizations shall be exempt from State Public Works Board review. 2. The funds appropriated in this item are available for encumbrance for either capital outlay or local assistance without regard to fiscal year. 3. Notwithstanding any other provision of law, upon approval and order of the Department of Finance, the State Coastal Conservancy may borrow sufficient funds from the State Coastal Conservancy Fund 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 State Coastal Conservancy has a valid contract or certification signed by the agency providing the reimbursements, which demonstrates that sufficient funds will be available to repay the loan. All moneys so transferred shall be repaid to the State Coastal Conservancy Fund as soon as possible, but not later than one year from the date of the loan. 4. Funds appropriated in this item are in lieu of the amount that otherwise would have been appropriated for the State Coastal Conservancy, pursuant to subdivision (b) of Section 2787 of the Fish and Game Code.SEC. 151.Item 3760-301-0371 of Section 2.00 of the Budget Act of 2011 is amended to read: 3760-301-0371--For capital outlay, State Coastal Conservancy, payable from the California Beach and Coastal Enhancement Account, California Environmental License Plate Fund.................................... 370,000 Schedule: (1) 80.18.030-Public Access..... 770,000 (2) Reimbursements.............. -400,000 Provisions: 1. (a) The State Coastal Conservancy may not enter into a grant contract with a nonprofit organization or local government for property acquisition unless the grant contract provides a reversionary interest to the state that specifies that the property shall not revert to the state without review and approval by the State Coastal Conservancy and the State Public Works Board. (b) The State Coastal Conservancy may not enter into a grant contract with a nonprofit organization or local government for property acquisition that provides for a state leasehold interest in property acquired by a nonstate public agency with grant funds of the State Coastal Conservancy unless the Director of General Services approves the lease terms. (c) Except for the above, the expenditure of funds for grants to nonstate public agencies and nonprofit organizations is exempt from State Public Works Board review. 2. The funds appropriated in this item are available for encumbrance for either capital outlay or local assistance until June 30, 2014.SEC. 152.Item 3760-301-0565 of Section 2.00 of the Budget Act of 2011 is amended to read: 3760-301-0565--For capital outlay, State Coastal Conservancy, payable from the State Coastal Conservancy Fund..................... 1,100,000 Schedule: (1) 80.18.030-Public Access................. 1,900,000 (2) Reimbursements......... -800,000 Provisions: 1. The funds appropriated in this item are conditioned upon all of the following: (a) The State Coastal Conservancy may not enter into a grant contract with a nonprofit organization or local government for property acquisition unless the grant contract provides a reversionary interest to the state that specifies that the property shall not revert to the state without review and approval by the State Coastal Conservancy and the State Public Works Board. (b) The State Coastal Conservancy may not enter into a grant contract with a nonprofit organization or local government for property acquisition that provides for a state leasehold interest in property acquired by a nonstate public agency with grant funds of the State Coastal Conservancy unless the Director of General Services approves the lease terms. (c) Except for the above, the expenditures of funds for grants to nonstate public agencies and nonprofit organizations shall be exempt from State Public Works Board review. 2. The amount appropriated in this item is available for encumbrance for either capital outlay or local assistance until June 30, 2014.SEC. 153.Item 3760-301-0593 of Section 2.00 of the Budget Act of 2011 is amended to read: 3760-301-0593--For capital outlay, State Coastal Conservancy, payable from the Coastal Access Account, State Coastal Conservancy Fund.. 500,000 Schedule: (1) 80.18.030-Public Access. 1,000,000 (2) Reimbursements.......... -500,000 Provisions: 1. (a) The State Coastal Conservancy may not enter into a grant contract with a nonprofit organization or local government for property acquisition unless the grant contract provides a reversionary interest to the state that specifies that the property shall not revert to the state without review and approval by the State Coastal Conservancy and the State Public Works Board. (b) The State Coastal Conservancy may not enter into a grant contract with a nonprofit organization or local government for property acquisition that provides for a state leasehold interest in property acquired by a nonstate public agency with grant funds of the State Coastal Conservancy unless the Director of General Services approves the lease terms. (c) Except for the above, the expenditure of funds for grants to nonstate public agencies and nonprofit organizations is exempt from State Public Works Board review. 2. The funds appropriated in this item are available for encumbrance for either capital outlay or local assistance until June 30, 2014.SEC. 154.Item 3760-301-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 3760-301-0890--For capital outlay, State Coastal Conservancy, payable from the Federal Trust Fund........................... 6,000,000 Schedule: (1) 80.97.030-Conservancy Programs............... 6,000,000 Provisions: 1. (a) The State Coastal Conservancy shall not enter into a grant contract with a nonprofit organization or local government for property acquisition unless the grant contract provides a reversionary interest to the state that specifies that the property shall not revert to the state without review and approval by the State Coastal Conservancy and the State Public Works Board. (b) The State Coastal Conservancy shall not enter into a grant contract with a nonprofit organization or local government for property acquisition that provides for a state leasehold interest in property acquired by a nonstate public agency with grant funds of the State Coastal Conservancy unless the Director of General Services approves the lease terms. (c) Except for the above, the expenditures of funds for grants to nonstate public agencies and nonprofit organizations shall be exempt from State Public Works Board review. 2. The funds appropriated in this item are available for encumbrance for either capital outlay or local assistance until June 30, 2014.SEC. 155.Item 3760-301-6051 of Section 2.00 of the Budget Act of 2011 is amended to read: 3760-301-6051--For capital outlay, State Coastal Conservancy, payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006...................... 0 Schedule: (1) 80.97.030-Conservancy Programs................... 1,534,000 (2) Reimbursements............. -1,534,000 Provisions: 1. The funds appropriated in this item are conditioned upon all of the following: (a) The State Coastal Conservancy may not enter into a grant contract with a nonprofit organization or local government for property acquisition unless the grant contract provides a reversionary interest to the state that specifies that the property shall not revert to the state without review and approval by the State Coastal Conservancy and the State Public Works Board. (b) The State Coastal Conservancy may not enter into a grant contract with a nonprofit organization or local government for property acquisition that provides for a state leasehold interest in property acquired by a nonstate public agency with grant funds of the State Coastal Conservancy unless the Director of General Services approves the lease terms. (c) Except for the above, the expenditure of funds for grants to nonstate public agencies and nonprofit organizations is exempt from State Public Works Board review. 2. The amount appropriated in this item is available for encumbrance for either capital outlay or local assistance until June 30, 2014.SEC. 156.Item 3760-301-6076 of Section 2.00 of the Budget Act of 2011 is amended to read: 3760-301-6076--For capital outlay, State Coastal Conservancy, payable from the California Ocean Protection Trust Fund........ 0 Schedule: (1) 80.07.070-Ocean Protection Council..................... 766,000 (2) Reimbursements.............. -766,000 Provisions: 1. The funds appropriated in this item are conditioned upon all of the following: (a) The State Coastal Conservancy may not enter into a grant contract with a nonprofit organization or local government for property acquisition unless the grant contract provides a reversionary interest to the state that specifies that the property shall not revert to the state without review and approval by the State Coastal Conservancy and the State Public Works Board. (b) The State Coastal Conservancy may not enter into a grant contract with a nonprofit organization or local government for property acquisition that provides for a state leasehold interest in property acquired by a nonstate public agency with grant funds of the State Coastal Conservancy unless the Director of General Services approves the lease terms. (c) Except for the above, the expenditure of funds for grants to nonstate public agencies and nonprofit organizations is exempt from State Public Works Board review. 2. The amount appropriated in this item is available for encumbrance for either capital outlay or local assistance until June 30, 2014.SEC. 157.Item 3790-001-0235 of Section 2.00 of the Budget Act of 2011 is amended to read: 3790-001-0235--For support of Department of Parks and Recreation, for payment to Item 3790-001-0392, payable from the Public Resources Account, Cigarette and Tobacco Products Surtax Fund.............. 9,122,000SEC. 158.Item 3790-001-0392 of Section 2.00 of the Budget Act of 2011 is amended to read: 3790-001-0392--For support of Department of Parks and Recreation, payable from the State Parks and Recreation Fund............. 141,483,000 Schedule: (1) For support of Department of Parks and Recreation....... 419,647,000 (2) Reimbursements....... -33,182,000 (3) Less funding provided by capital outlay............... -4,000,000 (3.5) Amount payable from the General Fund (Item 3790-001-0001). -118,695,000 (4) Amount payable from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund (Item 3790-001-0005). -3,397,000 (5) Amount payable from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund (Item 3790-003-0005). -688,000 (6) Amount payable from the California Environmental License Plate Fund (Item 3790-001-0140). -3,131,000 (7) Amount payable from the Public Resources Account, Cigarette and Tobacco Products Surtax Fund (Item 3790-001-0235)....... -9,122,000 (8) Amount payable from the Off-Highway Vehicle Trust Fund (Item 3790-001-0263). -62,167,000 (9) Amount payable from the Winter Recreation Fund (Item 3790-001-0449). -369,000 (10) Amount payable from the Harbors and Watercraft Revolving Fund (Item 3790-001- 0516)................ -2,101,000 (11) Amount payable from the Federal Trust Fund (Item 3790-001- 0890)................ -7,372,000 (12) Amount payable from the California Main Street Program Fund (Item 3790-001-3077). -175,000 (13) Amount payable from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (Item 3790-001-6029). -4,727,000 (14) Amount payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (Item 3790-001-6031)....... -371,000 (15) Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 3790-001-6051)....... -7,229,000 (16) Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 3790-003-6051)....... -21,316,000 (17) Amount payable from Disaster Preparedness and Flood Prevention Bond Fund of 2006 (Item 3790-001-6052). -122,000 Provisions: 1. Of the funds appropriated in this act from special funds, other than the Off-Highway Vehicle Trust Fund and bond funds, to the Department of Parks and Recreation for local assistance grants to local agencies, the department may allocate an amount not to exceed 3.7 percent of each project's allocation, except to the extent otherwise restricted by law, to allow the department to administer its grants. Those funds shall be available for encumbrance or expenditure until June 30, 2017. 2. It is the intent of the Legislature that salaries, wages, operating expenses, and positions associated with implementing specific Department of Parks and Recreation capital outlay projects continue to be funded through capital outlay appropriations, and that these funds should also be reflected in the department's state operations budget in the Governor's Budget as a special item of expense reflecting the funding provided from the capital outlay appropriations. 3. Notwithstanding any other provision of law, the Director of Finance may authorize a loan from the General Fund, in an amount not to exceed 35 percent of reimbursements appropriated in this item to the Department of Parks and Recreation, provided that: (a) The loan is to meet cash needs resulting from the delay in receipt of reimbursements for services provided. (b) The loan is for a short term and shall be repaid by September 30, 2012. (c) Interest charges may be waived pursuant to subdivision (e) of Section 16314 of the Government Code. (d) The Director of Finance may not approve the loan unless the approval is made in writing and filed with the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations not later than 30 days prior to the effective date of the approval, or not sooner than whatever lesser time that the chairperson of the joint committee, or his or her designee, may determine. 4. The Department of Parks and Recreation is authorized to enter into a contract for fee collection and other services required by the department with a cooperative association that has and will continue to fund state employees on an ongoing basis. 5. Of the amount appropriated in this item, $4,530,000 shall be available for the Public Safety Technology Modernization Project. No funds shall be expended for the Public Safety Modernization Project prior to the California Technology Agency's approval of the project's Special Project Report, and not sooner than 60 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees of the Legislature, the members of Senate Budget and Fiscal Review Subcommittee #2, 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. This notification shall include, but not be limited to, the cost of the project, a list of project partners and their funding contributions, California Technology Agency project review and recommendations, and an analysis of alternatives including those for consolidation of the project. 6. No funds appropriated in this item shall be expended for the Angel Island Concession Agreements Request for Proposal (RFP) sooner than 30 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees of the Legislature, the members of Senate Budget and Fiscal Review Subcommittee #2, and the Chairperson of the Joint Legislative Budget Committee, or sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may determine. This notification shall include, but not be limited to, the feasibility study for Angel Island Concessions, the RFP, and alternative public access routes and their funding contributions. 7. The Department of Parks and Recreation shall not enter into a new concession agreement for Angel Island State Park for any new or revised ferry services without first submitting these proposals to the Legislature in the course of the normal budget process for review and approval. 8. Of the amount appropriated in this item, $750,000 is authorized to institute a park entrance pilot project, including iron rangers and appropriate signage, operating expenses, and equipment.SEC. 159.Item 3790-101-6029 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 160.Item 3790-102-6029 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 161.Item 3790-103-6029 is added to Section 2.00 of the Budget Act of 2011, to read: 3790-103-6029--For local assistance, Department of Parks and Recreation, payable from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Fund, to be available for expenditure until June 30, 2013...................................... 239,939,000 Schedule: (1) 80-Grants .......... 244,939,000 (2) Reimbursements...... -5,000,000 Provisions: 1. The amount appropriated in this item represents the balance as of December 31, 2010, of the funds from which the appropriation is made, and shall be available for grants previously appropriated from Proposition 40 funds. Local assistance grant programs for which funds have previously been appropriated from Proposition 40 funds, and for which the funds have not yet been liquidated ,are deemed to have the highest priority statewide consistent with Section 5096.633 of the Public Resources Code. 2. Notwithstanding any other provision of law, upon request of the Department of Parks and Recreation, and approval by the Department of Finance, the Controller shall augment the appropriation in this item to pay costs associated with the completion of any project that has received a previous appropriation of Proposition 40 funds, and for which the funds have not yet been liquidated. 3. No augmentation pursuant to Provision 2 shall be authorized prior to 30 days after the Department of Finance notifies the Joint Legislative Budget Committee of the specific projects that will receive additional funding. 4. No later than April 1, 2012, the Department of Parks and Recreation shall provide a comprehensive list of projects that receive funding pursuant to this item to the Joint Legislative Budget Committee. 5. The funds appropriated in this item include funding for the Railroad Technology Museum- Rehabilitation and facilities plan, of which $5,000,000 is to be set up as a Reimbursement item.SEC. 162.Item 3790-301-6051 of Section 2.00 of the Budget Act of 2011 is amended to read: 3790-301-6051--For capital outlay, Department of Parks and Recreation, payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006...................... 2,465,000 Schedule: (1) 90.RS.235-Statewide: Volunteer Enhancement Program-- Minor projects... 638,000 (2) 90.RS.260-Statewide: Recreational Trails Program-- Minor projects... 380,000 (3) 90.RS.601-Statewide: Budget Development-- Studies.................... 150,000 (4) 90.8D.103-Donner Memorial State Park: Enhance Museum Exhibits-- Preliminary plans...................... 169,000 (5) 90.8G.104.210-Marshall Gold State Park: Park Improvements-- Working drawings and construction.. 1,128,000 Provisions: 1. Notwithstanding any other provision of law, the funds appropriated in this item shall be available for expenditure until June 30, 2015, except appropriations for studies, preliminary plans, working drawings, and minor capital outlay, which shall be available for expenditure until June 30, 2013. In addition, the balance of each appropriation made in this item that contains funding for construction that has not been allocated, through fund transfer or approval to proceed to bid, by the Department of Finance on or before June 30, 2013, shall revert as of that date to the fund from which the appropriation was made.SEC. 163.Item 3790-401 is added to Section 2.00 of the Budget Act of 2011, to read: 3790-401--Reversion, Department of Parks and Recreation. Consistent with Section 5096.633 of the Public Resources Code, all grant funds previously appropriated from Proposition 40 that have not been expended by grant recipients prior to July 1, 2011, shall revert to the funds from which the appropriations were made.SEC. 164.Item 3790-490 of Section 2.00 of the Budget Act of 2011 is amended to read: 3790-490--Reappropriation, Department of Parks and Recreation. The balances in the appropriations provided for in the following citations are reappropriated for the purposes and subject to the provisions, unless otherwise specified, provided for in those appropriations and shall be available for encumbrance or expenditure until the date specified: 6051-- Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (1) Item 3790-002-6051, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007) as amended by Section 2 of Chapter 1, Third Extraordinary Session, Statutes of 2008 for support of the Department of Parks and Recreation shall be available for encumbrance or expenditure until June 30, 2013. (2) Item 3790-002-6051, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) for support of the Department of Parks and Recreation shall be available for encumbrance or expenditure until June 30, 2013.SEC. 165.Item 3790-491 of Section 2.00 of the Budget Act of 2011 is amended to read: 3790-491--Reappropriation, Department of Parks and Recreation. The balances of the appropriations provided in the following citations are reappropriated for the purposes and subject to the limitations, unless otherwise specified, provided in the following appropriations: 0005-- Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund (1) Item 3790-301-0005, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 3790-491, Budget Acts of 2006 (Chs. 47 and 48, Stats. 2006), 2007 (Chs. 171 and 172, Stats. 2007), 2008 (Chs. 268 and 269, Stats. 2008), 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and 2010 (Ch. 712, Stats. 2010) (3) 90.I6.101-San Elijo SB: Replace Main Lifeguard Tower-- Working drawings + (2) Item 3790-301-0005, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), as reappropriated by 3790-491, Budget Acts of 2007 (Chs. 171 and 172, Stats. 2007), 2008 (Chs. 268 and 269, Stats. 2008), 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and 2010 (Ch. 712, Stats. 2010) (3) 90.I6.101-San Elijo SB: Replace Main Lifeguard Tower-- Construction and equipment + (3) Item 3790-301-0005, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as reappropriated by 3790-491, Budget Acts of 2008 (Chs. 268 and 269, Stats. 2008), 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and 2010 (Ch. 712, Stats. 2010) (1) 90.G1.101-Crystal Cove State Beach: El Morro Mobilehome Park Conversion-- Working drawings and construction (1.5) 90.I6.101-San Elijo State Beach: Replace Main Lifeguard Tower-- Construction + (4) Item 3790-301-0005, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as reappropriated by Item 3790-491, Budget Acts of 2009 (Ch. 1 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) and 2010 (Ch. 712, Stats. 2010) (1) 90.RS.205-Statewide: State Park System-- Minor projects (2) 90.EX.101-Malibu Creek SP: Restore Sepulveda Adobe-- Construction + (5) Item 3790-301-0005, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), as reappropriated by Item 3790- 491, Budget Act of 2010 (Ch. 712, Stats. 2010) (1) 90.RS.205-Statewide: State Park System--Minor Projects 0263-- Off-Highway Vehicle Trust Fund (1) Item 3790-301-0263, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 3790-491, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (2) 90.RS.405-Statewide: OHV Opportunity Purchase/Budget Package/Schematic Planning- - Acquisition and study + (2) Item 3790-301-0263, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as reappropriated by Item 3790-491, Budget Act of 2010 (Ch. 712, Stats. 2010) (3) 90.RS.405-Statewide: State Park System: OHV Opportunity Purchase/Pre-Budget Schematics- - Study and acquisition + (3) Item 3790-301-0263, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), as reappropriated by Item 3790- 491, Budget Act of 2010 (Ch. 712, Stats. 2010) (2) 90.7C.102-Oceano Dunes SVRA/Pismo State Beach: Visitor Center and Equipment Storage--Working drawings (5) 90.RS.206-Statewide: OHV Minor projects + (4) Item 3790-301-0263, Budget Act of 2010 (Ch. 712, Stats. 2010) (1) 90.7K.103-Carnegie SVRA: Road Reconstruction-- Preliminary plans and working drawings (2) 90.7C.102-Oceano Dunes SVRA/Pismo State Beach: Visitor Center and Equipment Storage--Construction (3) 90.H7.100-Heber Dunes SVRA: Initial Development-- Working drawings (5) 90.RS.206-Statewide: OHV Minor projects (6) 90.6S.102-Hollister Hills SVRA: Infrastructure and Rehabilitation-- Preliminary plans 0392-- State Park and Recreation Fund (1) Item 3790-301-0392, Budget Act of 2010 (Ch. 712, Stats. 2010) (1) 90.5Y.104-Candlestick Point SRA: Yosemite Slough-Public Use Improvements-- Working drawings and construction (2) 90.FO.102-Leo Carrillo SP: Steelhead Trout Barrier Removal-- Construction (3) 90.RS.810-Capital Outlay Projects-- Acquisition, preliminary plans, working drawings, construction, and minor projects (4) Reimbursements-Candlestick Point SRA: Yosemite Slough-- Public Use Improvements (5) Reimbursements-Leo Carrillo SP: Steelhead Trout Barrier Removal (6) Reimbursements-Statewide Capital Outlay Projects 0890-- Federal Trust Fund (1) Item 3790-301-0890, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as reappropriated by Budget Acts of 2008 (Chs. 268 and 269, Stats. 2008), 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and 2010 (Ch. 712, Stats. 2010) (0.5) 90.I6.101-San Elijo State Beach: Replace Main Lifeguard Tower-- Construction + (2) Item 3790-301-0890, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (1) 90.RS.801-Federal Trust Fund Program-- Acquisition, preliminary plans, working drawings, and construction 6029-- California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (1) Chapter 1126, Stats. 2002, as reappropriated by Item 3790-491, Budget Acts of 2005 (Chs. 38 and 39, Stats. 2005), 2006 (Chs. 47 and 48, Stats. 2006), 2007 (Chs. 171 and 172, Stats. 2007), 2008 (Ch. 268, Stats. 2008), 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and 2010 (Ch. 712, Stats. 2010) (2) 90.8L.101-California Indian Museum-- Studies, preliminary plans, working drawings, and construction + (2) Item 3790-301-6029, Budget Act of 2002 (Ch. 379, Stats. 2002), as reappropriated by Item 3790-491, Budget Acts of 2005 (Chs. 38 and 39, Stats. 2005) and 2008 (Chs. 268 and 269, Stats. 2008) (6) 90.RS.224-Statewide Acquisition-Proposition 40-- Acquisition + (3) Item 3790-301-6029, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3790-491, Budget Acts of 2005 (Chs. 38 and 39, Stats. 2005), 2006 (Chs. 47 and 48, Stats. 2006), 2007 (Chs. 171 and 172, Stats. 2007), 2008 (Chs. 268 and 269, Stats. 2008), 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and 2010 (Ch. 712, Stats. 2010) (2.2) 90.E4.104-Chino Hills SP: Entrance Road and Facilities-- Working drawings + (4) Item 3790-301-6029, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 3790-491, Budget Acts of 2006 (Chs. 47 and 48, Stats. 2006), 2007 (Chs. 171 and 172, Stats. 2007), 2008 (Chs. 268 and 269, Stats. 2008), 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and 2010 (Ch. 712, Stats. 2010) (3) 90.E4.104-Chino Hills SP: Entrance Road and Facilities-- Construction and equipment (5) 90.RS.412-Statewide: State Park System Opportunity and Inholding Acquisitions-- Acquisition 6051-- Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (1) Item 3790-301-6051, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as reappropriated by Item 3790-491, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and 2010 (Ch. 712, Stats. 2010) (2) 90.CG.101-Pfeiffer Big Sur SP: Park Entrance and Day Use Redevelopment-- Working drawings, construction, and equipment (3.5) 90.KZ.104-Los Angeles SHP (Cornfields): Planning and Phase I Build Out-- Preliminary plans (3.7) 90.RS.412-Statewide: State Park System Opportunity and Inholding Acquisitions-- Acquisitions + (4) Item 3790-301-6051, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as reappropriated by Item 3790-491, Budget Acts of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) and 2010 (Ch. 712, Stats. 2010) (2) 90.F2.103-Gaviota State Park: Coastal Trail Development-- Preliminary plans, working drawings, and construction (3) 90.RS.260-Statewide: Recreational Trails-- Minor projects (4) 90.RS.205-Statewide: State Park System-- Minor projects (5) 90.RS.235-Statewide: Volunteer Enhancement Program-- Minor projects (7.5) 90.H6.102-Cuyamaca Rancho State Park: Equestrian Facilities-- Working drawings (8) 90.64.101-Eastshore State Park: Brickyard Cove-- Preliminary plans + (7) Item 3790-301-6051, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), as reappropriated by Item 3790- 491, Budget Act of 2010 (Ch. 712, Stats. 2010) (1) 90.64.101-Eastshore SP: Brickyard Cove Development-- Working drawings (2) 90.6F.104-Angel Island SP: Immigration Station Hospital Rehabilitation-- Preliminary plans (3) 90.8G.104-Marshall Gold Discovery SHP: Park Improvement-- Working drawings (5) 90.CT.100-Fort Ord Dunes SP: New Campground and Beach Access-- Preliminary plans (6) 90.EF.101-El Capitan SB: Construct New Lifeguard Headquarters-- Preliminary plans (7) 90.FO.102-Leo Carrillo SP: Steelhead Trout Barrier Removal-- Preliminary plans and working drawings (8) 90.GG.102-Silverwood Lake SRA: Nature Center Exhibits-- Preliminary plans and working drawings (9) 90.H6.102-Cuyamaca Rancho SP: Equestrian Facilities-- Construction (10) 90.IJ.103-Old Town San Diego SHP: Building Demolition and Immediate Public Use Facilities-- Preliminary plans (11) 90.KZ.104-Los Angeles SHP: Site Development/Planning and Phase I Build Out-- Working drawings (13) 90.RS.260-Statewide: Recreational Trails Program-- Minor projects (15) 90.RS.205-Statewide: State Park System Minor Capital Outlay Program-- Minor projects (16) 90.RS.235-Statewide: Volunteer Enhancement Program-- Minor projects (19) Reimbursement-Leo Carrillo SP: Steelhead Trout Barrier Removal + (8) Item 3790-301-6051, Budget Act of 2010 (Ch. 712, Stats. 2010) (2) 90.8G.104-Marshall Gold Discovery SHP: Park Improvements-- Construction (5) 90.GG.102-Silverwood Lake SRA: Nature Center Exhibits-- Construction and equipmentSEC. 166.Item 3790-492 of Section 2.00 of the Budget Act of 2011 is amended to read: 3790-492--Reappropriation, Department of Parks and Recreation. Notwithstanding any other provision of law, the period to liquidate encumbrances in the following citations is extended to June 30, 2012: 0005--Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund (1) Up to $2,482,845 to the City of Encinitas in Item 3790-101-0005, Budget Act of 2001 (Ch. 106, Stats. 2001), as reappropriated by Item 3790-490 and reverted by Item 3790-497, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as reappropriated by Item 3790-492, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as reappropriated by Item 3790- 494 and reverted by Item 3790-497, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and as reappropriated by Item 3790-492, Budget Act of 2010 (Ch. 712, Stats. 2010) (1) 80.25-Recreational Grants (a) Local Agencies operating park unitsSEC. 167.Item 3790-493 is added to Section 2.00 of the Budget Act of 2011, to read: 3790-493--Reappropriation, Department of Parks and Recreation. Notwithstanding any other provision of law, the period to liquidate encumbrances of the amounts specified in the following citations is extended to June 30, 2012: 0001--General Fund (1) Up to $163,000 from Item 3790-001- 0001, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), for support of the Department of Parks and RecreationSEC. 168.Item 3790-494 is added to Section 2.00 of the Budget Act of 2011, to read: 3790-494--Reappropriation, Department of Parks and Recreation. The amounts specified in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2013: 0263--Off-Highway Vehicle Trust fund (1) $630,000 in Item 3790-001-0263, Budget Act 2008 (Ch. 268 and 269, Stats. 2008), as reappropriated by Item 3790- 490, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), for support of the Department of Parks and Recreation (2) $770,000 in Item 3790-001-0263, Budget Act 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), as reappropriated by Item 3790-490, Budget Act 2010 (Ch. 712, Stats. 2010), for support of the Department of Parks and Recreation (3) $220,000 in Item 3790-001-0263, Budget Act 2010 (Ch. 712, Stats. 2010), for support of the Department of Parks and Recreation Provisions: 1. Of the amount reappropriated in this item, no funds shall be expended for the Public Safety Technology Modernization Project prior to the California Technology Agency's approval of the project's Special Project Report, and not sooner than 60 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees of the Legislature, the members of Senate Budget and Fiscal Review Subcommittee #2, 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. This notification shall include, but not be limited to, the cost of the project, a list of project partners and their funding contributions, California Technology Agency project review and recommendations, and an analysis of alternatives including those for consolidation of the project.SEC. 169.Item 3790-496 of Section 2.00 of the Budget Act of 2011 is amended to read: 3790-496--Reversion, Department of Parks and Recreation. As of June 30, 2011, the balances of the appropriations provided in the following citations shall revert to the funds from which the appropriations were made: 0262-- Habitat Conservation Fund (1) Up to $1,944,858 from Item 3790-101- 0262, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007) (1) 80.25-Recreational Grants (2) Up to $721,250 from Item 3790-101- 0262, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (1) 80.25-Recreational GrantsSEC. 170.Item 3790-497 is added to Section 2.00 of the Budget Act of 2011, to read: 3790-497--Reversion, Department of Parks and Recreation. As of June 30, 2011, the amounts specified in the following citations shall revert to the fund from which the appropriation was made: 0001--General Fund (1) $2,230,000 in Item 3790-001-0001, Budget Act of 2008 (Ch. 268 and 269, Stats. 2008), as reappropriated by Item 3790-490, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), for support of the Department of Parks and Recreation (2) $1,270,000 in Item 3790-001-0001, Budget Act 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009- 10 4th Ex. Sess.), for support of the Department of Parks and Recreation (3) $1,030,000 in Item 3790-001-0001, Budget Act 2010 (Ch. 712, Stats. 2010), for support of the Department of Parks and RecreationSEC. 171.Item 3810-301-0941 of Section 2.00 of the Budget Act of 2011 is amended to read: 3810-301-0941--For capital outlay, Santa Monica Mountains Conservancy, payable from the Santa Monica Mountains Conservancy Fund.. 820,000 Schedule: (1) 50.20-Capital Outlay and Local Assistance........... 820,000 Provisions: 1. The Santa Monica Mountains Conservancy may encumber funds for either capital outlay or local assistance grants until June 30, 2014. 2. The Santa Monica Mountains Conservancy shall provide a report to the Department of Finance on donations received during the prior fiscal year on or before September 1 of each year.SEC. 172.Item 3810-301-6031 of Section 2.00 of the Budget Act of 2011 is amended to read: 3810-301-6031--For capital outlay, Santa Monica Mountains Conservancy, payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002.... 578,000 Schedule: (1) 50.20-Capital Outlay and Local Assistance....... 578,000 Provisions: 1. The Santa Monica Mountains Conservancy may encumber funds for either capital outlay or local assistance grants until June 30, 2014. The conservancy shall not encumber funds for any grant not previously approved by the office of the Attorney General. 2. The Santa Monica Mountains Conservancy shall issue grants from this appropriation only in accordance with the General Obligation Bond Law and the specific provisions of the bond funds from which appropriations have been made, and according to advice it has received from the office of the Attorney General, and, if appropriate, from the office of the State Treasurer, respecting the permissible use of bond funds available to the conservancy. 3. Any time that the office of the Attorney General concludes that any use of bond funds has not been consistent with the advice provided by the Attorney General, the Santa Monica Mountains Conservancy shall follow the instructions of the Attorney General with respect to recovery, refund, or other settlement.SEC. 173.Item 3810-301-6051 of Section 2.00 of the Budget Act of 2011 is amended to read: 3810-301-6051--For capital outlay, Santa Monica Mountains Conservancy, payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006...................... 997,000 Schedule: (1) 50.20-Capital Outlay and Local Assistance....... 997,000 Provisions: 1. The Santa Monica Mountains Conservancy may encumber funds for either capital outlay or local assistance grants until June 30, 2014. The conservancy shall not encumber funds for any grant not previously approved by the office of the Attorney General. 2. The Santa Monica Mountains Conservancy shall issue grants from this appropriation only in accordance with the General Obligation Bond Law and the specific provisions of the bond funds from which appropriations have been made, and according to advice it has received from the office of the Attorney General, and, if appropriate, from the office of the State Treasurer, respecting the permissible use of bond funds available to the conservancy. 3. Any time that the office of the Attorney General concludes that any use of bond funds has not been consistent with the advice provided by the Attorney General, the Santa Monica Mountains Conservancy shall follow the instructions of the Attorney General with respect to recovery, refund, or other settlement.SEC. 174.Item 3810-490 of Section 2.00 of the Budget Act of 2011 is amended to read: 3810-490--Reappropriation, Santa Monica Mountains Conservancy. Notwithstanding any other provision of law, the periods to liquidate encumbrances of the following citations are extended to June 30, 2012: 0005-- Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund (1) Item 3810-301-0005, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3810-491, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 50.20.001-Capital Outlay Acquisitions 0941-- Santa Monica Mountains Conservancy Fund (1) Item 3810-301-0941, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006) (1) 50.20-Capital Outlay and Local Assistance 6031-- Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (1) Item 3810-301-6031, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3810-491, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 50.20.001-Capital Outlay Acquisitions (2) Item 3810-301-6031, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), except for the amount specified in Item 3810- 496 (1) 50.20-Capital Outlay and Local AssistanceSEC. 175.Item 3810-496 is added to Section 2.00 of the Budget Act of 2011, to read: 3810-496--Reversion, Santa Monica Mountains Conservancy. As of June 30, 2011, the amounts in the appropriations provided in the following citations shall revert to the balance in the Fund from which the appropriations were made: 6031--Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (1) $105,297 from Item 3810-301-6031, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006) (1) 50.20-Capital Outlay and Local AssistanceSEC. 176.Item 3825-301-6031 is added to Section 2.00 of the Budget Act of 2011, to read: 3825-301-6031--For capital outlay, San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002........................ 705,000 Provisions: 1. The amount appropriated in this item is available for expenditure for capital outlay or local assistance grants until June 30, 2014.SEC. 177.Item 3825-301-6051 of Section 2.00 of the Budget Act of 2011 is amended to read: 3825-301-6051--For capital outlay, San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006..................... 6,700,000 Provisions: 1. The amount appropriated in this item is available for expenditure for capital outlay or local assistance grants until June 30, 2014.SEC. 178.Item 3825-490 is added to Section 2.00 of the Budget Act of 2011, to read: 3825-490--Reappropriation, San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy. The balances of the appropriations provided for in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2014: 6031--Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (1) Item 3825-301-6031, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006) (1) 30.10-Capital Outlay and Grants (2) ReimbursementsSEC. 179.Item 3830-301-0104 of Section 2.00 of the Budget Act of 2011 is amended to read: 3830-301-0104--For capital outlay, San Joaquin River Conservancy, payable from the San Joaquin River Conservancy Fund..................................... 0 Schedule: (1) 20-Capital Outlay Acquisitions and Improvement Projects....... 1,000,000 (2) Reimbursements............. -1,000,000 Provisions: 1. The funds appropriated in this item are available for expenditure for capital outlay or local assistance until June 30, 2014. 2. Notwithstanding any other provision of law, upon approval and order of the Department of Finance, loans may be made from the General Fund to meet cashflow needs due to delays in collecting reimbursements. Any loan authorized by the Department of Finance pursuant to this provision shall only be made if the conservancy has a valid contract or certification that demonstrates that sufficient funds will be available to repay the loan. The loan shall be repaid no later than June 30 of the following fiscal year.SEC. 180.Item 3835-490 of Section 2.00 of the Budget Act of 2011 is amended to read: 3835-490--Reappropriation, Baldwin Hills Conservancy. The balances of the appropriations provided in the following citations except for the amount specified in Item 3835-495 for reversion are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2014: 6029-- California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (0.5) Item 3835-301-6029, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3835-490, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (1) 20-Capital Outlay Aquisition and Improvement Program (1) Item 3835-301-6029, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 3835-490, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (1) 20-Capital Outlay Acquisition and Improvement Program (2) Reimbursements 6051--Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (1) Item 3835-301-6051, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (1) 20- Capital Outlay Aquisition and Improvement ProgramSEC. 181.Item 3845-301-0140 of Section 2.00 of the Budget Act of 2011 is amended to read: 3845-301-0140--For capital outlay, San Diego River Conservancy, payable from the California Environmental License Plate Fund..................... 0 Schedule: (1) 20-Capital Outlay Acquisition and Enhancement Projects....... 1,000,000 (2) Reimbursements............. -1,000,000 Provisions: 1. The funds appropriated in this item are available for expenditure or encumbrance for capital outlay or local assistance until June 30, 2014.SEC. 182.Item 3850-301-6029 of Section 2.00 of the Budget Act of 2011 is amended to read: 3850-301-6029--For capital outlay, Coachella Valley Mountains Conservancy, payable from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund......................................... 82,000 Schedule: (1) 20-Coachella Valley Mountains Acquisition and Enhancement Projects and Costs.................. 82,000 Provisions: 1. The funds appropriated in this item are available for expenditure for capital outlay or local assistance until June 30, 2014.SEC. 183.Item 3850-495 is added to Section 2.00 of the Budget Act of 2011, to read: 3850-495--Reversion, Coachella Valley Mountains Conservancy. As of June 30, 2011, the balances of the appropriations provided in the following citations shall revert to the funds from which the appropriations were made: 6051--Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (1) Up to $19,000 in Item 3850-001-6051, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.)SEC. 184.Item 3850-496 is added to Section 2.00 of the Budget Act of 2011, to read: 3850-496--Reversion, Coachella Valley Mountains Conservancy. As of June 30, 2011, the balances of the appropriations provided in the following citations shall revert to the funds from which the appropriations were made: 6051--Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (1) Up to $21,000 in Item 3850-301-6051, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.)SEC. 185.Item 3860-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 3860-001-0001--For support of Department of Water Resources............................. 47,761,000 Schedule: (1) 10-Continuing Formulation of the California Water Plan. 81,659,000 (2) 20-Implementation of the State Water Resources Development System................ 5,807,000 (3) 30-Public Safety and Prevention of Damage.. 132,176,000 (4) 35-Central Valley Flood Protection Board................. 5,636,000 (5) 40-Services........... 9,564,000 (6) 45-California Energy Resources Scheduling (CERS)................ 28,413,000 (7) 50.01-Management and Administration........ 67,776,000 (8) 50.02-Distributed Management and Administration........ -67,776,000 (9) Reimbursements........ -54,405,000 (10) Amount payable from the Air Pollution Control Fund (Item 3860-001-0115)........ -315,000 (11) Amount payable from the California Environmental License Plate Fund (Item 3860- 001-0140)............. -618,000 (12) Amount payable from the Central Valley Project Improvement Subaccount (Item 3860- 001-0404)............. -709,000 (13) Amount payable from the Feasibility Projects Subaccount (Item 3860-001-0445).. -7,000 (14) Amount payable from the Water Conservation and Groundwater Recharge Subaccount (Item 3860- 001-0446)............. -125,000 (15) Amount payable from the Energy Resources Programs Account (Item 3860-001-0465).. -2,509,000 (16) Amount payable from the Local Projects Subaccount (Item 3860-001-0543).. -101,000 (17) Amount payable from the Sacramento Valley Water Management and Habitat Protection Subaccount (Item 3860- 001-0544)............. -26,000 (18) Amount payable from the 1986 Water Conservation and Water Quality Bond Fund (Item 3860-001- 0744)................. 0 (19) Amount payable from the Federal Trust Fund (Item 3860-001- 0890)................. -18,405,000 (20) Amount payable from the Dam Safety Fund (Item 3860-001- 3057)................. -11,282,000 (21) Amount payable from the Department of Water Resources Electric Power Fund (Item 3860-001-3100).. -28,413,000 (22) Amount payable from the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Bond Fund (Item 3860- 001-6001)............. -1,027,000 (23) Amount payable from the Flood Protection Corridor Subaccount (Item 3860-001-6005).. -149,000 (24) Amount payable from the Urban Stream Restoration Subaccount (Item 3860- 001-6007)............. -32,000 (25) Amount payable from the Yuba Feather Flood Protection Subaccount (Item 3860- 001-6010)............. -417,000 (26) Amount payable from the Water Conservation Account (Item 3860-001-6023).. -272,000 (27) Amount payable from the Conjunctive Use Subaccount (Item 3860- 001-6025)............. -350,000 (28) Amount payable from the Bay-Delta Multipurpose Water Management Subaccount (Item 3860-001-6026).. -1,722,000 (29) Amount payable from the Interim Water Supply and Water Quality Infrastructure and Management Subaccount (Item 3860-001- 6027)................. -245,000 (30) Amount payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (Item 3860-001- 6031)................. -3,278,000 (31) Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 3860-001-6051)........ -17,196,000 (32) Amount payable from the Disaster Preparedness and Flood Prevention Bond Fund of 2006 (Item 3860-001-6052)........ -73,891,000 Provisions: 1. The amounts appropriated in Items 3860-001-0001 to 3860-001-6052, inclusive, shall be transferred to the Water Resources Revolving Fund (0691) for direct expenditure in such amounts as the Department of Finance may authorize, including cooperative work with other agencies. 2. The funds appropriated in this item for purposes of subdivision (n) of Section 75050 of the Public Resources Code may be expended only so long as the United States Bureau of Reclamation continues to provide federal funds and continues to carry out federal actions to implement the settlement agreement in Natural Resources Defense Council v. Rodgers (2005) 381 F.Supp.2d 1212. 3. Of the funds appropriated in this item, $4,200,000 in reimbursement authority for Salton Sea restoration activities shall be available until June 30, 2013. 4. Personnel funded from positions dedicated for the implementation of biological opinions are precluded from participating in, or contributing to, any study, analysis, declaration, expert testimony, or other activity supporting legal challenges to U.S. Fish and Wildlife Service and the National Marine Fisheries Service Endangered Species Act consultations for the coordinated operations of the State Water Project and the federal Central Valley Project. 5. The Secretary of the Natural Resources Agency shall convene a working group consisting of the Department of Water Resources, key legislative staff, the Department of Finance, the Secretary of the Natural Resources Agency staff, the Legislative Analyst's Office (LAO), and the state water contractors to determine a long- term viable solution that addresses concerns laid out in the Legislative Analyst's March 19, 2009, report on Funding Recreation in the State Water Project. In its review, the working group may seek an independent third-party legal review of the Davis-Dolwig cost- allocation issues relating to the State Water Project (SWP) within appropriate Department of Water Resources funding sources, if necessary, to determine, at a minimum: (a) what legal constraints, if any, exist to conscribe the Legislature's ability to revise the Davis-Dolwig statute, with specific attention to the contracts signed by the department with the SWP contractors and to the SWP bond covenants, (b) whether such legal constraints conflict with the Legislature's authority to make laws and to set its expenditure priorities through its constitutionally granted authority to make appropriations, (c) how any such legal conflicts can be reconciled, and (d) what options exist to resolve these issues. For any contract entered into for this purpose, the Department of Water Resources shall submit the task order for the contract to the working group for its review and concurrence in the tasks and the working group shall meet with the independent third party before its review begins, to set the parameters of the study, and after, to move forward under a common understanding of available reform options as developed by study's authors. The contractor shall work in periodic consultation with the working group when performing its analysis. The Department of Water Resources shall submit this analysis to the budget committees and relevant policy committees of both houses of the Legislature no later than December 31, 2012. The working group shall meet a minimum of three times between July 1, 2011, and April 1, 2012. The Department of Water Resources shall provide a report, in person, to the subcommittee budget hearings held in 2012 on the working group's proposals for long-term solutions for funding recreation in the SWP.SEC. 186.Item 3860-001-0140 of Section 2.00 of the Budget Act of 2011 is amended to read: 3860-001-0140--For support of Department of Water Resources, for payment to Item 3860-001-0001, payable from the California Environmental License Plate Fund...................................... 618,000SEC. 187.Item 3860-001-0744 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 188.Item 3860-001-6051 of Section 2.00 of the Budget Act of 2011 is amended to read: 3860-001-6051--For support of Department of Water Resources, for payment to Item 3860-001-0001, payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006................... 17,196,000SEC. 189.Item 3860-001-6052 of Section 2.00 of the Budget Act of 2011 is amended to read: 3860-001-6052--For support of Department of Water Resources, for payment to Item 3860-001-0001, payable from the Disaster Preparedness and Flood Prevention Bond Fund of 2006............................... 73,891,000 Provisions: 1. Of the amount appropriated in this item, $500,000 for the California Flood SAFE Program shall be available for encumbrance or expenditure until June 30, 2014.SEC. 190.Item 3860-101-6051 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 191.Item 3860-490 is added to Section 2.00 of the Budget Act of 2011, to read: 3860-490--Reappropriation, Department of Water Resources. The balances of the appropriations provided for in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2013: 6005--Flood Protection Corridor Subaccount (1) Item 3860-101-6005, Budget Act of 2010 (Ch. 712, Stats. 2010), for the Flood Protection Corridor Program 6007--Urban Stream Restoration Subaccount (1) Item 3860-101-6007, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), for the Urban Streams Restoration Program (1) Continuing Formulation of the California Water Plan (2) Reimbursements 6010--Yuba Feather Flood Protection Subaccount (1) Item 3860-101-6010, Budget Act of 2010 (Ch. 712, Stats. 2010), for the Yuba Feather Flood Protection Program 6026--Bay-Delta Multipurpose Water Management Subaccount (1) Item 3860-001-6026, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as reappropriated by Item 3860-492, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), for the CALFED Conveyance Program 6031--Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (1) Item 3860-001-6031, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as reappropriated by Item 3860-492, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), for Franks Tract (2) Item 3860-101-6031, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), for the Safe Drinking Water Program (3) Item 3860-001-6031, Budget Act of 2010 (Ch. 712, Stats. 2010), for the Water Use Efficiency Program (4) Item 3860-001-6031, Budget Act of 2010 (Ch. 712, Stats. 2010), for Water Supply Reliability 6051--Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (1) Item 3860-101-6051, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as reappropriated by 3860-492, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), for the Flood Control Subventions and Flood Protection Corridor Programs (2) Item 3860-101-6051, Budget Act of 2010 (Ch. 712, Stats. 2010), for Agricultural Drainage 6052--Disaster Preparedness and Flood Prevention Bond Fund of 2006 (1) Item 3860-001-6052, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as reappropriated by Item 3860-492, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), for Sediment Removal (2) Item 3860-001-6052, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as reappropriated by 3860-492, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), for the Sycamore Creek Diversion Channel Erosion Study (3) Item 3860-101-6052, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as reappropriated by 3860-492, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), for the Floodway Corridor Program (4) Item 3860-001-6052, Budget Act of 2010 (Ch. 712, Stats. 2010), for the Conservation Strategy, Central Valley Flood Management Planning Program, Delta Knowledge Improvement Program, and Delta Subsidence and Carbon Sequestration (5) Item 3860-101-6052, Budget Act of 2010 (Ch. 712, Stats. 2010), for the Central Valley Nonstructural Grant Program, Early Implementation Program, Dutch Slough, Delta Subsidence and Carbon Sequestration, and North Delta Flood Control and Ecosystem RestorationSEC. 192.Item 3860-491 is added to Section 2.00 of the Budget Act of 2011, to read: 3860-491--Reappropriation, Department of Water Resources. Notwithstanding any other provision of law, the period to liquidate encumbrances of the following citations is extended to June 30, 2013: 0001--General Fund (1) Item 3860-001-0001, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), for the Floodplain Management Program 6005--Flood Protection Corridor Subaccount (1) Item 3860-101-6005, Budget Act of 2000 (Ch. 52, Stats. 2000), as reappropriated by Item 3860-492, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 3860-491, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as reappropriated by Item 3860-493, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009- 10 4th Ex. Sess.), for the Flood Protection Corridor Program 6015--River Protection Subaccount (1) Item 3860-101-6015, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), for the River Protection Program 6023--Water Conservation Account (1) Item 3860-101-6023, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3860-491, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 3860-493, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), for the Infrastructure Rehabilitation Program 6025--Conjunctive Use Subaccount (1) Item 3860-101-6025, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3860-491, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as reappropriated by Item 3860-493, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), for the Groundwater Storage Program (2) Item 3860-101-6025, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), as reappropriated by Item 3860-493, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009- 10 4th Ex. Sess.), for the Groundwater Storage Program 6027--Interim Water Supply and Water Quality Infrastructure and Management Subaccount (1) Item 3860-101-6027, Budget Act of 2002 (Ch. 379, Stats. 2002), as reappropriated by Item 3860-492, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 3860-491, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as reappropriated by Item 3860-493, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009- 10 4th Ex. Sess.), for the Interim Reliable Water Supply Program (2) Item 3860-101-6027, Budget Act of 2006 (Ch. 47 and 48, Stats. 2006), as reappropriated by Item 3860-493, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009- 10 4th Ex. Sess.), for the Interim Reliable Water Supply Program 6031--Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (1) Item 3860-101-6031, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3860-491, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as reappropriated by Item 3860-493, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), for the Drought Panel Recommendations Program (2) Item 3860-001-6031, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), for Water Supply Reliability 6051--Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (1) Item 3860-001-6051, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), for Integrated Regional Water ManagementSEC. 193.Item 3860-492 is added to Section 2.00 of the Budget Act of 2011, to read: 3860-492--Reappropriation, Department of Water Resources. The balances of the appropriations provided in the following citations are reapppropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2014: 6052--Disaster Preparedness and Flood Prevention Bond Fund of 2006 (1) Item 3860-301-6052, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (3) 30.95.316-Merced County Streams Project Bear Creek Unit (4) 30.95.343-Sutter Bypass East Water Control Structures (7) Reimbursements--Merced County Streams Project Bear Creek Unit + (2) Item 3860-302-6052, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (1.2) 30.95.160-West Sacramento Early Implementation Project (2) 30.95.340-Systemwide Levee Evaluations and Repairs + (3) Item 3860-301-6052, Budget Act of 2010 (Ch. 712, Stats. 2010) (7) 30.95.310-Lower Cache Creek, Yolo County, Woodland Area Project (18) Reimbursements--Lower Cache Creek, Yolo County, Woodland Area Project (4) 3860-302-6052, Budget Act of 2010 (Ch. 712, Stats. 2010) (2) 30.95.021-Feather River Early Implementation ProjectSEC. 194.Item 3860-493 is added to Section 2.00 of the Budget Act of 2011, to read: 3860-493--Reappropriation, Department of Water Resources. Notwithstanding any other provision of law, the periods to liquidate encumbrances of the appropriations in the following citations are extended to June 30, 2013: (1) Item 3860-301-0001, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), as reappropriated by Item 3860-490, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (3) 30.95.220-Upper Sacramento River Levee Reconstruction ProjectSEC. 195.Item 3860-495 is added to Section 2.00 of the Budget Act of 2011, to read: 3860-495--Reversion, Department of Water Resources. As of June 30, 2011, the amounts specified below of the appropriations provided in the following citations shall revert to the funds from which the appropriations were made: 6031--Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (1) Item 3860-001-6031, Budget Act of 2007 (Ch. 171 and 172, Stats. 2007)........... 14,945 (2) Item 3860-001-6031, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.)...................... 6,762,531SEC. 196.Item 3875-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 3875-001-0001--For support of Sacramento-San Joaquin Delta Conservancy..................... 798,000 Schedule: (1) 10-Sacramento-San Joaquin Delta Conservancy........... 1,463,000 (2) Reimbursements.............. -500,000 (3) Amount payable from the California Environmental License Plate Fund (Item 3875-001-0140).............. -165,000SEC. 197.Item 3875-001-0140 is added to Section 2.00 of the Budget Act of 2011, to read: 3875-001-0140--For support of Sacramento- San Joaquin Delta Conservancy, for payment to Item 3875-001-0001, payable from the California Environmental License Plate Fund................................ 165,000SEC. 198.Item 3940-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 3940-001-0001--For support of State Water Resources Control Board, for payment to Item 3940-001-0439, payable from the General Fund.............................. 30,317,000SEC. 199.Item 3940-001-0193 of Section 2.00 of the Budget Act of 2011 is amended to read: 3940-001-0193--For support of State Water Resources Control Board, for payment to Item 3940-001-0439, payable from the Waste 91,561,00 Discharge Permit Fund........................ 0 Provisions: 1. Of the amount appropriated in this item, and notwithstanding subdivision (k) of Section 13350 of the Water Code, $2,400,000 shall be from the balance of penalty revenues generated by the imposition of liabilities pursuant to Section 13350 of the Water Code. The funds specified in this provision are hereby appropriated to support the state's litigation expenses incurred in litigation involving the Pacific Lumber Company.SEC. 200.Item 3940-001-0439 of Section 2.00 of the Budget Act of 2011 is amended to read: 3940-001-0439--For support of State Water Resources Control Board, payable from the Underground Storage Tank Cleanup Fund..... 327,774,000 Schedule: (1) 10-Water Quality.... 532,589,000 (2) 20-Water Rights..... 14,019,000 (3) 30.01- Administration...... 17,726,000 (4) 30.02-Distributed Administration...... -17,726,000 (5) Reimbursements...... -9,204,000 (6) Amount payable from the General Fund (Item 3940-001- 0001)............... -30,317,000 (7) Amount payable from the Unified Program Account (Item 3940- 001-0028)........... -607,000 (8) Amount payable from the Air Pollution Control Fund (Item 3940-001-0115)...... -535,000 (9) Amount payable from the Waste Discharge Permit Fund (Item 3940-001-0193)...... -91,561,000 (10) Amount payable from the Marine Invasive Species Control Fund (Item 3940- 001-0212)........... -100,000 (11) Amount payable from the Public Resources Account, Cigarette and Tobacco Products Surtax Fund (Item 3940-001-0235)...... -1,998,000 (12) Amount payable from the Integrated Waste Management Account, Integrated Waste Management Fund (Item 3940-001- 0387)............... -4,644,000 (13) Amount payable from the Water Recycling Subaccount (Item 3940-001-0419)...... -1,150,000 (14) Amount payable from the Drainage Management Subaccount (Item 3940-001-0422)...... -515,000 (15) Amount payable from the Seawater Intrusion Control Subaccount (Item 3940-001-0424)...... -222,000 (16) Amount payable from the Underground Storage Tank Tester Account (Item 3940- 001-0436)........... -62,000 (17) Amount payable from the 1984 State Clean Water Bond Fund (Item 3940-001- 0740)............... -314,000 (18) Amount payable from the Federal Trust Fund (Item 3940-001- 0890)............... -52,030,000 (19) Amount payable from the Water Rights Fund (Item 3940-001- 3058)............... -12,591,000 (20) Amount payable from the Wastewater Operator Certification Fund (Item 3940-001- 3160)............... -651,000 (21) Amount payable from the Watershed Protection Subaccount (Item 3940-001-6013)...... -196,000 (22) Amount payable from the Santa Ana River Watershed Subaccount (Item 3940-001-6016)...... -250,000 (23) Amount payable from the Lake Elsinore and San Jacinto Watershed Subaccount (Item 3940-001-6017)...... -130,000 (24) Amount payable from the Nonpoint Source Pollution Control Subaccount (Item 3940-001-6019)...... -200,000 (25) Amount payable from the State Revolving Fund Loan Subaccount (Item 3940-001-6020)...... -821,000 (26) Amount payable from the Wastewater Construction Grant Subaccount (Item 3940-001-6021)...... -910,000 (27) Amount payable from the Coastal Nonpoint Source Control Subaccount (Item 3940-001- 6022)............... -133,000 (28) Amount payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (Item 3940-001-6031)...... -1,473,000 (29) Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 3940-001- 6051)............... -1,897,000 (30) Amount payable from the Petroleum Underground Storage Tank Financing Account (Item 3940- 001-8026)........... -609,000 (31) Amount payable from the State Water Pollution Control Revolving Fund Administration Fund (Item 3940-001- 9739)............... -5,714,000 Provisions: 1. Notwithstanding any other provision of law, upon approval and order of the Director of Finance, the State Water Resources Control Board may borrow sufficient funds for cash purposes from special funds that otherwise provide support for the board. Any such loans are to be repaid with interest at the rate earned in the Pooled Money Investment Account.SEC. 201.Item 3940-490 is added to Section 2.00 of the Budget Act of 2011, to read: 3940-490--Reappropriation, State Water Resources Control Board. As of June 30, 2011, the balance in the appropriation provided for in the following citation, except for the amount specified in Item 3940-495 for reversion, is reappropriated for the purposes provided for in the appropriation and shall be available for encumbrance or expenditure until June 30, 2014: 6051--Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (1) Item 3940-101-6051, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008)SEC. 202.Item 3940-491 is added to Section 2.00 of the Budget Act of 2011, to read: 3940-491--Reappropriation, State Water Resources Control Board. The amount specified in the following citation is reappropriated for the purposes provided for that appropriation: 3134--School District Account (1) Up to $3,225,000 from Item 3940-101- 3134, Budget Act of 2009 (Ch. 1, 2009- 10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.)SEC. 203.Item 3940-492 is added to Section 2.00 of the Budget Act of 2011, to read: 3940-492--Reappropriation, State Water Resources Control Board. The amount specified in the following citation is reappropriated for the purposes provided for in the appropriation: 3145--Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund (1) Up to $15,760,000 from Item 3940-101- 3145, Budget Act of 2009 (Ch. 1, Stats. 2009-10 3rd Sess., as revised by Ch. 1 2009-10 4th Ex. Sess.)SEC. 204.Item 3940-496 is added to Section 2.00 of the Budget Act of 2011, to read: 3940-496--Reappropriation, State Water Resources Control Board. As of June 30, 2011, the balances specified below of the appropriations provided in the following citations shall revert to the balance in the funds from which the appropriations were made: 6013--Watershed Protection Subaccount (1) Up to $5,912,530 from Item 3940-101- 6013, Budget Act of 2001 (Ch. 106, Stats. 2001), as reappropriated by Item 3940-490, Budget Act of 2010 (Ch. 712, Stats 2010) (2) Up to $2,783,065 from Item 3940-101- 6013, Budget Act of 2002 (Ch. 379, Stats. 2002), as reverted by Item 3940- 495, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), and as reappropriated by Item 3940-490, Budget Act of 2010 (Ch. 712, Stats 2010) (3) Up to $2,037,556 from Item 3940-101- 6013, Budget Act of 2003 (Ch. 157, Stats. 2003), as reappropriated by Item 3940-490, Budget Act of 2010 (Ch. 712, Stats 2010) (4) Up to $22,501 from Item 3940-101-6013, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 3940-490, Budget Act of 2010 (Ch. 712, Stats. 2010) (5) Up to $1,518,951 from Item 3940-101- 6013, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), as reappropriated by Item 3940-490, Budget Act of 2010 (Ch. 712, Stats. 2010) (6) Up to $340,352 from Item 3940-101- 6013, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007) (7) Up to $230,000 from Item 3940-001- 6013, Budget Act of 2009 (Ch. 1, 2009- 10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (8) Up to $196,000 from Item 3940-001- 6013, Budget Act of 2010 (Ch. 712, Stats. 2010) 6019--Nonpoint Source Pollution Control Subaccount (1) Up to $11,427,665 from Item 3940-101- 6019, Budget Act of 2001 (Ch. 106, Stats. 2001), as reappropriated by Item 3940-490, Budget Acts of 2005 (Chs. 38 and 39, Stats. 2005) and 2010 (Ch. 712, Stats. 2010) (2) Up to $4,115,296 from Item 3940-101- 6019, Budget Act of 2002 (Ch. 379, Stats. 2002), as reappropriated by Item 3940-490, Budget Act of 2010 (Ch. 712, Stats 2010) (3) Up to $4,947,163 from Item 3940-101- 6019, Budget Act of 2003 (Ch. 157, Stats. 2003), as reappropriated by Item 3940-490, Budget Act of 2010 (Ch. 712, Stats 2010) (4) Up to $3,312 from Item 3940-101-6019, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3940- 490, Budget Act of 2010 (Ch. 712, Stats. 2010) (5) Up to $1,563,644 from Item 3940-101- 6019, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 3940-490, Budget Act of 2010 (Ch. 712, Stats. 2010) (6) Up to $2,522,312 from Item 3940-101- 6019, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), as reappropriated by Item 3940-490, Budget Act of 2010 (Ch. 712, Stats. 2010) (7) Up to $194,331 from Item 3940-101- 6019, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007) (8) Up to $50,000 from Item 3940-001-6019, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009- 10 4th Ex. Sess.) (9) Up to $200,000 from Item 3940-001- 6019, Budget Act of 2010 (Ch. 712, Stats. 2010) 6021--Wastewater Construction Grant Subaccount (1) Up to $157,000 from Item 3940-101- 6021, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007) (2) Up to $3,000 from Item 3940-001-6021, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009- 10 4th Ex. Sess.) (3) Up to $887,000 from Item 3940-001- 6021, Budget Act of 2010 (Ch. 712, Stats. 2010) 6022--Coastal Nonpoint Source Control Subaccount (1) Up to $1,356,634 from Item 3940-101- 6022, Budget Act of 2000 (Ch. 52, Stats. 2000) (2) Up to $10,859,704 from Item 3940-101- 6022, Budget Act of 2001 (Ch. 106, Stats. 2001), as reappropriated by Item 3940-490, Budget Acts of 2005 (Chs. 38 and 39, Stats. 2005) and 2010 (Ch. 712, Stats. 2010) (3) Up to $3,148,790 from Item 3940-101- 6022, Budget Act of 2002 (Ch. 379, Stats. 2002), as reappropriated by Item 3940-490, Budget Act of 2010 (Ch. 712, Stats. 2010) (4) Up to $2,059,729 from Item 3940-101- 6022, Budget Act of 2004 (Ch. 208, Stats. 2004), as reappropriated by Item 3940-490, Budget Act of 2010 (Ch. 712, Stats. 2010) (5) Up to $385,000 from Item 3940-101- 6022, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 3940-490, Budget Act of 2010 (Ch. 712, Stats. 2010) (6) Up to $50,000 from Item 3940-001-6022, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009- 10 4th Ex. Sess.) (7) Up to $133,000 from Item 3940-001- 6022, Budget Act of 2010 (Ch. 712, Stats. 2010) 6029--California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (1) Up to $1,918,000 from Item 3940-101- 6029, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) 6031--Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (1) Up to $925,544 from Item 3940-101- 6031, Budget Act of 2004 (Ch. 208, Stats. 2004) (2) Up to $13,524,066 from Item 3940-101- 6031, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005) (3) Up to $184,062 from Item 3940-101- 6031, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007) (4) Up to $20,936 from Item 3940-101-6031, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (5) Up to $685,256 from Item 3940-001- 6031, Budget Act of 2009 (Ch. 1, 2009- 10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (6) Up to $200,517 from Item 3940-001- 6031, Budget Act of 2010 (Ch. 712, Stats. 2010)SEC. 205.Item 3960-001-0014 of Section 2.00 of the Budget Act of 2011 is amended to read: 3960-001-0014--For support of Department of Toxic Substances Control, payable from the Hazardous Waste Control Account........ 49,903,000 Schedule: (1) 12-Site Mitigation and Brownfields Reuse............... 92,719,000 (2) 13-Hazardous Waste Management.......... 62,822,000 (3) 19.01- Administration...... 33,201,000 (4) 19.02-Distributed Administration...... -33,201,000 (5) 20-Science, Pollution Prevention and Technology.......... 19,327,000 (6) 21-State Certified Unified Program..... 2,396,000 (7) Reimbursements...... -10,752,000 (8) Amount payable from the General Fund (Item 3960-001- 0001)............... -21,056,000 (9) Amount payable from the Unified Program Account (Item 3960- 001-0028)........... -1,027,000 (10) Amount payable from the Illegal Drug Lab Cleanup Account (Item 3960- 001-0065)........... -2,051,000 (11) Amount payable from the California Used Oil Recycling Fund (Item 3960-001- 0100)............... -422,000 (11.5) Amount payable from Expedited Site Remediation Trust Fund (Item 3960-001- 0456)............... -731,000 (12) Amount payable from the Toxic Substances Control Account (Item 3960- 001-0557)........... -58,258,000 (13) Amount payable from the Federal Trust Fund (Item 3960- 001-0890)........... -27,844,000 (14) Amount payable from the Environmental Quality Assessment Fund (Item 3960-001- 3035)............... -298,000 (15) Amount payable from the Electronic Waste and Recovery and Recycling Account (Item 3960- 001-3065)........... -2,676,000 (16) Amount payable from the State Certified Unified Program Agency Account (Item 3960-001- 3084)............... -2,246,000 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 of 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. 206.Item 3960-001-0456 is added to Section 2.00 of the Budget Act of 2011, to read: 3960-001-0456--For support of Department of Toxic Substances Control, payable from the Expedited Site Remediation Trust Fund......... 731,000 Schedule: (1) 12-Site Mitigation and Brownfields Reuse............ 731,000 Provisions: 1. Notwithstanding any other provision of law, upon request of the Department of Toxic Substances Control, and approval by the Department of Finance, the Controller shall augment the appropriation in this item to pay costs associated with the orphan shares at the Santa Cruz Metro Greyhound site or Golden State Technology site for the Expedited Site Remediation Pilot Program from uncommitted funds in the Expedited Site Remediation Trust Fund. 2. The amount appropriated in this item includes revenues derived from the assessment of fines and penalties imposed as specified in Section 13332.18 of the Government Code.SEC. 207.Item 4140-001-0121 of Section 2.00 of the Budget Act of 2011 is amended to read: 4140-001-0121--For support of Office of Statewide Health Planning and Development.. 56,010,000 Schedule: (1) 10-Health Care Quality and Analysis............ 6,338,000 (2) 30-Health Care Workforce........... 19,420,000 (3) 42-Facilities Development......... 56,101,000 (4) 45-Cal-Mortgage Loan Insurance...... 4,761,000 (5) 60-Health Care Information......... 9,422,000 (6) 80.01- Administration...... 16,134,000 (7) 80.02-Distributed Administration...... -15,743,000 (8) Reimbursements...... -714,000 (9) Amount payable from the General Fund (Item 4140-001- 0001)............... -74,000 (10) Amount payable from the California Health Data and Planning Fund (Item 4140-001-0143)...... -22,198,000 (11) Amount payable from the Registered Nurse Education Fund (Item 4140-001- 0181)............... -2,220,000 (12) Amount payable from the Federal Trust Fund (Item 4140- 001-0890)........... -418,000 (13) Amount payable from the Mental Health Practitioner Education Fund (Item 4140-001- 3064)............... -551,000 (14) Amount payable from the Vocational Nurse Education Fund (Item 4140-001- 3068)............... -232,000 (15) Amount payable from the Mental Health Services Fund (Item 4140-001-3085)...... -5,895,000 (16) Amount payable from the Medically Underserved Account for Physicians, Health Professions Education Fund (Item 4140-001- 8034)............... -900,000 (17) Amount payable from the Medically Underserved Account for Physicians, Health Professions Education Fund (Section 128555 of the Health and Safety Code)........ -1,400,000 (18) Amount payable from the Health Facilities Construction Loan Insurance Fund (Section 129200 of the Health and Safety Code)........ -4,761,000 (19) Amount payable from the Health Professions Education Fund (Section 128355 of the Health and Safety Code)........ -1,060,000 Provisions: 1. Notwithstanding any other provision of law, upon request by the Office of Statewide Health Planning and Development, the Department of Finance may augment the amount available for expenditure in this item to pay costs associated with the review of hospital building plans. The augmentation may be effected not sooner than 30 days after notification in writing of the necessity therefor 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 sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may determine.SEC. 208.Item 4170-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4170-001-0001--For support of Department of Aging........................................ 3,995,000 Schedule: (1) 10-Nutrition.......... 2,880,000 (2) 20-Senior Community Employment Service.... 694,000 (3) 30-Supportive Services and Centers.. 4,877,000 (4) 40-Special Projects... 1,231,000 (4.5) 45-CDA Medi-Cal Programs.............. 6,746,000 (5) 50.01-Administration.. 8,567,000 (6) 50.02-Distributed Administration........ -8,567,000 (7) Reimbursements........ -4,230,000 (8) Amount payable from the State HICAP Fund (Item 4170-001-0289).. -228,000 (9) Amount payable from the Federal Trust Fund (Item 4170-001- 0890)................. -7,929,000 (10) Amount payable from the State Citation Penalties Account, Special Deposit Fund (Item 4170-002-0942).. -46,000SEC. 209.Item 4170-001-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 4170-001-0890--For support of Department of Aging, for payment to Item 4170-001-0001, payable from the Federal Trust Fund......... 7,929,000 Provisions: 1. The Department of Finance may authorize the transfer of funds between this item and Item 4170-101- 0890 no sooner than 30 days after written notification to the chairpersons of the fiscal committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee may determine. The notification shall include: (a) the amount of the proposed transfer, (b) an identification of the purposes for which the funds will be used, (c) documentation that the proposed activities must be carried out in the current year and that no other funds are available for their support, and (d) the impact of any transfer on the level of services.SEC. 210.Item 4170-101-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4170-101-0001--For local assistance, Department of Aging........................ 28,538,000 Schedule: (1) 10-Nutrition........ 77,804,000 (2) 20-Senior Community Employment Service.. 9,786,000 (3) 30-Supportive Services and Centers............. 63,177,000 (4) 40-Special Projects............ 12,636,000 (5) 45-CDA Medi-Cal Programs............ 20,232,000 (6) Reimbursements...... -4,559,000 (7) Amount payable from the State HICAP Fund (Item 4170-101- 0289)............... -2,246,000 (8) Amount payable from the Federal Trust Fund (Item 4170-101- 0890)............... -145,250,000 (9) Amount payable from the State Health Facilities Citation Penalties Account, Special Deposit Fund (Item 4170-102- 0942)............... -1,142,000 (10) Amount payable from the Skilled Nursing Facility Quality and Accountability Special Fund (Item 4170-101-3167)...... -1,900,000 Provisions: 1. Notwithstanding Section 26.00, the Department of Finance, upon notification by the California Department of Aging, may authorize transfers between Program 10-Nutrition and Program 30-Supportive Services and Centers in response to budget revisions submitted by the Area Agencies on Aging. 2. Of the funds appropriated in this item, the Controller shall, upon enactment of this act, reimburse the amount specified in Program 45-CDA Medi-Cal Programs to the State Department of Health Care Services for support of the Multipurpose Senior Services Program. 3. Given the reduction of up to $2,500,000 in General Fund moneys in the 2011-12 fiscal year for the Multipurpose Senior Services Program, the California Department of Aging and the State Department of Health Care Services shall consult with the federal government to identify ways to reduce the operational costs of the program and to limit the impact on the number of recipients served. These departments shall update the appropriate fiscal and policy committees of the Legislature regarding their plans for implementing the reduction.SEC. 211.Item 4170-101-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 4170-101-0890--For local assistance, Department of Aging, for payment to Item 4170-101-0001, payable from the Federal Trust Fund................................. 145,250,000 Provisions: 1. Provision 1 of Item 4170-001- 0890 is also applicable to this item. 2. Notwithstanding subdivision (e) of Section 28.00, the Department of Finance, upon notification by the California Department of Aging, may authorize augmentations in this item for federal Title III, Title VII, HICAP one-time only allocations, and for unexpended 2010-11 federal grant funds. The Department of Finance shall provide notification of the augmentation to the Joint Legislative Budget Committee within 10 working days from the date of the Department of Finance approval of the adjustment. 3. Notwithstanding Section 26.00, the Department of Finance, upon notification by the California Department of Aging, may authorize transfers between Program 10-Nutrition and Program 30-Supportive Services and Centers in response to budget revisions submitted by the Area Agencies on Aging. 4. Unexpended federal grant funds for Chronic Disease Self- Management Programs budgeted in 2010-11 are available for encumbrance or expenditure until March 30, 2012.SEC. 212.Item 4200-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4200-001-0001--For support of Department of Alcohol and Drug Programs..................... 4,202,000 Schedule: (1) 15-Alcohol and Other Drug Services Program.. 42,724,000 (2) 30.01-Administration... 11,447,000 (3) 30.02-Distributed Administration......... -11,447,000 (4) Reimbursements......... -4,667,000 (5) Amount payable from the Driving-Under-the- Influence Program Licensing Trust Fund (Item 4200-001-0139)... -1,693,000 (6) Amount payable from the Narcotic Treatment Program Licensing Trust Fund (Item 4200- 001-0243).............. -1,377,000 (7) Amount payable from Indian Gaming Special Distribution Fund (Item 4200-001-0367)... -4,457,000 (8) Amount payable from the Audit Repayment Trust Fund (Item 4200- 001-0816).............. -72,000 (9) Amount payable from the Federal Trust Fund (Item 4200-001-0890)... -21,629,000 (11) Amount payable from the Gambling Addiction Program Fund (Item 4200-001-3110)......... -166,000 (12) Amount payable from Residential and Outpatient Program Licensing Fund (Item 4200-001-3113)......... -4,461,000 Provisions: 1. Upon approval by the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Items 4200-101-0001, 4200-102-0001, 4200-103-0001, and 4200-104-0001. In determining which transfers are necessary pursuant to this provision, the department shall assess those programs and operations that have the most critical need. In making the assessment, the department shall consider such factors as caseload requirements, availability of personnel to provide essential services, other funding sources, and relevant information provided by affected state agencies. 2. It is the intent of the Legislature to consolidate s tate administrative functions of the Drug Medi-Cal Program and to transition those functions to the State Department of Health Care Services to (a) improve access to alcohol and drug treatment services, including a focus on recovery and rehabilitation services , (b) more effectively integrate the financing of services, including the receipt of federal funds , (c) improve s tate accountabilities and outcomes , and (d) provide focused, high-level leadership for behavioral health services. 3. The Department of Finance may authorize the transfer of expenditure authority from this item to Item 4260-001-0001 to consolidate state administrative functions for the Drug Medi-Cal Program and to transition those functions to the State Department of Health Care Services. Any transfer shall be consistent with a transition plan provided to the Legislature as required in state statute. 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 program transfer, 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 or programmatic effects on the program from which resources are being transferred.SEC. 213.Item 4200-001-3113 of Section 2.00 of the Budget Act of 2011 is amended to read: 4200-001-3113--For support of Department of Alcohol and Drug Programs, for payment to Item 4200-001-0001, payable from the Residential and Outpatient Program Licensing Fund.......... 4,461,000 Provisions: 1. The Department of Finance may authorize the transfer of expenditure authority from this item to Schedule (4) of Item 4260-001-0001 and make other corresponding changes to Schedules (1), (2), and (3) of that item to consolidate state administrative functions for the Drug Medi-Cal 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 state statute. 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 program transfer, 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 or programmatic effects on the program from which resources are being transferred.SEC. 214.Item 4200-102-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4200-102-0001--For local assistance, Department of Alcohol and Drug Programs, for perinatal substance abuse treatment programs (Drug Medi-Cal)................................ 2,548,000 Schedule: (1) 15-Alcohol and Other Drug Services Program... 5,096,000 (2) Reimbursements.......... -2,548,000 Provisions: 1. Upon approval by the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Items 4200-001- 0001, 4200-101-0001, 4200-103-0001, and 4200-104-0001. In determining which transfers are necessary pursuant to this provision, the department shall assess those programs and operations that have the most critical need. In making this assessment, the department shall consider such factors as caseload requirements, availability of personnel to provide essential services, other funding sources, and relevant information provided by affected state agencies. 2. The funds appropriated in this item are available to provide funding for the state's share of expenditures for perinatal substance abuse services provided to persons eligible for Medi-Cal. 3. Notwithstanding subdivision (a) of Section 1.80 and Section 26.00, the Department of Finance may authorize a transfer of expenditure authority between this item and Item 4200-103- 0001, so that the funds appropriated in either item may be used to pay the state and federal share of prior fiscal years' allowable Medi-Cal costs that exceed the amount encumbered in prior fiscal years. The department shall notify the Legislature within 10 days after authorizing a transfer pursuant to this provision 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. 4. The Department of Finance may authorize the transfer of expenditure authority from this item to Item 4260-101-0001 as it pertains to the operation of the Drug Medi- Cal Program. Any transfer shall be consistent with the transition plan, or components of the transition plan, provided to the Legislature as required in state statute. 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 program transfer, including the reasons for the transfer, (b) the assumptions used in calculating the amount of expenditure authority transferred, and (c) any potential fiscal or programmatic effects of the transfer of expenditure authority.SEC. 215.Item 4200-103-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4200-103-0001--For local assistance, Department of Alcohol and Drug Programs, for Drug Medi-Cal Services................ 128,537,000 Schedule: (1) 15-Alcohol and Other Drug Services Program............. 241,670,000 (2) Reimbursements...... -113,133,000 Provisions: 1. Upon approval by the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Items 4200-001-0001, 4200-101- 0001, 4200-102-0001, and 4200- 104-0001. In determining which transfers are necessary pursuant to this provision, the department shall assess those programs and operations that have the most critical need. In making this assessment, the department shall consider such factors as caseload requirements, availability of personnel to provide essential services, other funding sources, and relevant information provided by affected state agencies. 2. The funds appropriated in this item are available to provide funding for the state's share of expenditures for substance abuse services provided to persons eligible for Medi-Cal. 3. Notwithstanding subdivision (a) of Section 1.80 and Section 26.00, the Department of Finance may authorize a transfer of expenditure authority between this item and Item 4200-102-0001 so that the funds appropriated in either item may be used to pay the state and federal share of prior fiscal years' allowable Medi-Cal costs that exceed the amount encumbered in prior fiscal years. The department shall notify the Legislature within 10 days after authorizing a transfer pursuant to this provision 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. 4. Notwithstanding any other provision of law, both the federal and nonfederal shares of any moneys recovered for previously paid Drug Medi-Cal program 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 Drug Medi-Cal program services, as defined in the Welfare and Institutions Code. 5. The Department of Finance may authorize the transfer of expenditure authority from this item to Item 4260-101-0001 as it pertains to operation of the Drug Medi-Cal Program. Any transfer shall be consistent with the transition plan, or components of the transition plan, provided to the Legislature as required in state statute. 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 program transfer, including the reasons for the transfer, (b) the assumptions used in calculating the amount of expenditure authority transferred, and (c) any potential fiscal or programmatic effects of the transfer of expenditure authority.SEC. 216.Item 4260-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4260-001-0001--For support of Department of Health Care Services.................... 136,066,000 Schedule: (1) 20-Health Care Services............. 411,570,000 (2) 30.01-Administration. 25,792,000 (3) 30.02-Distributed Administration....... -25,792,000 (4) Reimbursements....... -29,149,000 (5) Amount payable from the Breast Cancer Control Account (Item 4260-001-0009). -112,000 (6) Amount payable from the Childhood Lead Poisoning Prevention Fund (Item 4260-001-0080). -181,000 (7) Amount payable from the Unallocated Account, Cigarette and Tobacco Products Surtax Fund (Item 4260-001-0236)....... -581,000 (8) Amount payable from the Federal Trust Fund (Item 4260-001- 0890)................ -244,616,000 (9) Amount payable from the Mental Health Services Fund (Item 4260-001-3085)....... -865,000 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. Of the funds appropriated for new information technology projects, no funds may be expended on a project prior to approval of a feasibility study report concerning that project by the California Technology Agency. The State Department of Health Care Services shall notify the fiscal committees of both houses of the Legislature that a feasibility study report has been approved for a project within 30 days of the report's approval by the California Technology Agency, and shall include with the notification a copy of the approved feasibility study report that reflects any changes. 5. 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. 6. (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 Budget Change Proposal AI10-03 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, commencing July 1, 2010, 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 for the 2010-11 fiscal year and may be adjusted in the 2011-12 fiscal year with the 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. 7. The Department of Finance may authorize the transfer of expenditure authority from Item 4280-001-0001 to consolidate state administrative functions for the operation of the Access for Infants and Mothers Program and 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 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. 8. It is the intent of the Legislature to consolidate state administrative functions for the operation of Medi-Cal specialty mental health services and to transition those functions to the State Department of Health Care Services to (a) improve access to mental health services, including a focus on recovery and rehabilitation services, (b) more effectively integrate the financing of services, including the receipt of federal funds, (c) improve state accountabilities and outcomes, and (d) provide focused, high-level leadership for behavioral health services. 9. The Department of Finance may authorize the transfer of expenditure authority from Item 4440-001-0001 to consolidate state administrative functions for the operation of the Early and Periodic Screening, Diagnosis, and Treatment Program, the Mental Health Managed Care Program, and applicable functions related to Medicaid requirements, 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 3 of Item 4440-001-0001. 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 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. 10. By September 1, 2011, in order to ensure business continuity and to minimize any interruptions of services, the Department of Finance may authorize the transfer of positions and employees performing administrative functions for the operation of the Early and Periodic Screening, Diagnosis, and Treatment Program, the Mental Health Managed Care Program, and applicable functions related to Medicaid requirements from the State Department of Mental Health to the State Department of Health Care Services (DHCS) prior to submission of the transition plan required in Provision 3 of Item 4440-001-0001. The final determination of total resources, expenditure authority, and organizational structure shall be consistent with the transition plan required in Item 4440-001- 0001. Thirty days prior to the effective date of any transfer of positions and employees authorized pursuant to this provision, the Director of Finance shall notify the Joint Legislative Budget Committee of the number of employees and positions transferred and the basis for determining this number of employees and positions. 11. It is the intent of the Legislature to consolidate state administrative functions for the operation of the Drug Medi-Cal Program and to transition those functions to the State Department of Health Care Services to (a) improve access to alcohol and drug treatment services, including a focus on recovery and rehabilitation services, (b) more effectively integrate the financing of services, including the receipt of federal funds, (c) improve state accountabilities and outcomes, and (d) provide focused, high-level leadership for behavioral health services. 12. The Department of Finance may authorize the transfer of expenditure authority from Item 4200-001-0001 to consolidate state administrative functions for the operation of the Drug Medi-Cal Program and applicable functions related to Medicaid requirements, 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 Item 4200-001-0001. 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 30-day notification shall include (a) a description of the transfer of the program, 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. 217.Item 4260-001-0890 of Section 2.00 of the Budget Act of 2011 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 244,616,00 Trust Fund.................................. 0 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 operation of the Access for Infants and Mothers Program and 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. 2. The Department of Finance may authorize the transfer of expenditure authority from Item 4440-001-0890 to consolidate state administrative functions for the operation of the Early and Periodic Screening, Diagnosis, and Treatment Program, the Mental Health Managed Care Program, and applicable functions related to Medicaid requirements 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 3 of Item 4440-001- 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. 3. By September 1, 2011, in order to ensure business continuity and to minimize any interruptions of services, the Department of Finance may authorize the transfer of positions and employees performing administrative functions for the operation of the Early and Periodic Screening, Diagnosis, and Treatment Program, the Mental Health Managed Care Program, and applicable functions related to Medicaid requirements from the State Department of Mental Health to the State Department of Health Care Services (DHCS) prior to submission of the transition plan required in Provision 3 of Item 4440-001-0001. The final determination of total resources, expenditure authority, and organizational structure shall be consistent with the transition plan required in Item 4440-001-0001. Thirty days prior to the effective date of any transfer of positions and employees authorized pursuant to this provision, the Director of Finance shall notify the Joint Legislative Budget Committee of the number of employees and positions transferred and the basis for determining this number of employees and positions. 4. The Department of Finance may authorize the transfer of expenditure authority from Item 4200-001-0890 to consolidate state administrative functions for the operation of the Drug Medi- Cal Program and applicable functions related to Medicaid requirements and to transition those functions to the State Department of Health Care Services. Any transfer shall be consistent with a transition plan required in Item 4200-001-0001. 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 program, 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. 218.Item 4260-017-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4260-017-0001--For support of Department of Health Care Services, for implementation of the Health Insurance Portability and Accountability Act............................ 5,109,000 Schedule: (1) 20-Health Care Services............... 19,123,000 (2) Reimbursements......... -26,000 (3) Amount payable from the Federal Trust Fund (Item 4260-017-0890)... -13,988,000 Provisions: 1. The funding appropriated in this item is limited to the amount specified in Section 17.00. These funds are to be used in support of compliance activities related to the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996.SEC. 219.Item 4260-017-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 4260-017-0890--For support of Department of Health Care Services, for payment to Item 4260-017-0001, payable from the Federal Trust Fund, for implementation of the Health Insurance Portability and Accountability Act......................... 13,988,000 Provisions: 1. The funding appropriated in this item is limited to the amount specified in Section 17.00. These funds are to be used in support of compliance activities related to the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L. 104- 191).SEC. 220.Item 4260-101-0001 of Section 2.00 of the Budget Act of 2011 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..................................... 13,333,237,000 Schedule: (1) 20.10.010- Eligibility (County 2,713,226,00 Administration)..... 0 (2) 20.10.020-Fiscal Intermediary Management.......... 285,543,000 (3) 20.10.030-Benefits (Medical Care and 39,116,998,0 Services)........... 00 (4) Reimbursements...... -879,052,000 (5) Amount payable from Childhood Lead Poisoning Prevention Fund (Item 4260-101- 0080)............... -804,000 (6) Amount payable from the Hospital Services Account, Cigarette and Tobacco Products Surtax Fund (Item 4260-101-0232)...... -70,593,000 (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- -26,807,387, 0890)............... 000 (11) Amount payable from the Children and Families Health and Human Services Trust Fund (Item 4260-101- -1,000,000,0 3148)............... 00 Provisions: 1. The aggregate principal amount of disproportionate share hospital general obligation debt that may be issued in the current fiscal year pursuant to subparagraph (A) of paragraph (2) of subdivision (f) of Section 14085.5 of the Welfare and Institutions Code shall be $0. 2. Notwithstanding any other provision of law, both the federal and nonfederal shares of any moneys recovered for previously paid health care services, provided pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, are hereby appropriated and shall be expended as soon as practicable for medical care and services as defined in the Welfare and Institutions Code. 3. Notwithstanding any other provision of law, accounts receivable for recoveries as described in Provision 2 shall have no effect upon the positive balance of the General Fund or the Health Care Deposit Fund. Notwithstanding any other provision of law, moneys recovered as described in this item that are required to be transferred from the Health Care Deposit Fund to the General Fund shall be credited by the Controller to the General Fund without regard to the appropriation from which it was drawn. 4. Without regard to fiscal year, the General Fund shall make one or more loans available not to exceed a cumulative total of $45,000,000 to be transferred as needed to the Health Care Deposit Fund to meet cash needs. 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. Notwithstanding any other provision of law and Section 26.00, the Department of Finance may authorize the transfer of expenditure authority from Schedule (3) to Schedule (1) for the purposes of implementing changes required by the federal Deficit Reduction Act of 2005, which shall include, but not be limited to, providing assistance to individuals in meeting these verification rules and for county eligibility activities. It is the intent of the Legislature that these transfers be provided on a timely basis in order to ensure the health and safety of Californians. The Department of Finance shall notify the Legislature within 15 days of authorizing that 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. 12. 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. 13. Of the amount appropriated in this item, $85,000,000, along with corresponding federal funds, shall be expended to provide for the transition of individuals enrolled in, and receiving benefits pursuant to, the California Adult Day Health Care Program to other Medi-Cal services, as appropriate, and to facilitate, when applicable, transition to newly developed federal waiver services that serve a defined medically acute population. It is the intent of the Legislature to proceed with legislation during the period of the 2011-12 Regular Session to develop such federal waiver services to provide a more narrow scope of services and to specify a level of medical acuity for enrollment. 14. 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 Access for Infants and Mothers Program and 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. 15. The Department of Finance may authorize the transfer of expenditure authority from Item 4200-102-0001, 4200-102-0890, or 4200-103-0001, or any combination of those items, as it pertains to operation of the Drug Medi-Cal Program. 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 program participants affected and related factors, and (b) all assumptions used in calculating the amount of expenditure authority transferred. 16. The Department of Finance may authorize the transfer of expenditure authority from Item 4440-101-0001, 4440-101-0890, 4440-103-0001, 4440-103-3085, 4440-105-0001, or 4440-105-3085, or any combination of those items, as it pertains to operation of Medi-Cal specialty mental health services, including the Early and Periodic Screening, Diagnosis, and Treatment Program and the Mental Health Managed Care Program. 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 Department of Finance shall provide a 30-day notice of any authorized transfer of expenditure authority to the Joint Legislative Budget Committee. This 30-day notification shall include (a) a comprehensive description of the program transfer, including the number of program participants affected and plans affected, and (b) all assumptions used in calculating the amount of expenditure authority transferred.SEC. 221.Item 4260-101-0080 of Section 2.00 of the Budget Act of 2011 is amended to read: 4260-101-0080--For local assistance, Department of Health Care Services, for payment to Item 4260-101-0001, payable from the Childhood Lead Poisoning Prevention Fund........................... 804,000SEC. 222.Item 4260-101-0890 of Section 2.00 of the Budget Act of 2011 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............... 26,807,387,000 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 Access for Infants and Mothers Program and 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. 3. The Department of Finance may authorize the transfer of expenditure authority from Item 4200-101-0001, 4200-101- 0890, or 4200-103-0001, or any combination of those items, as it pertains to operation of the Drug Medi- Cal Program. 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 Department of Finance shall provide a 30-day notice of any authorized transfer to the Joint Legislative Budget Committee. This 30-day notification shall include (a) a comprehensive description of the program transfer, including the number of program participants affected and related factors, and (b) all assumptions used in calculating the amount of expenditure authority transferred. 4. The Department of Finance may authorize the transfer of expenditure authority from Item 4440-101-0890 as it pertains to operation of Medi- Cal specialty mental health services, including the Early and Periodic Screening, Diagnosis, and Treatment Program and the Mental Health Managed Care Program. 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 Department of Finance shall provide a 30-day notice of any authorized transfer to the Joint Legislative Budget Committee. This 30-day notification shall include (a) a comprehensive description of the program transfer, including the number of program participants affected and plans affected, and (b) all assumptions used in calculating the amount of expenditure authority transferred.SEC. 223.Item 4260-101-3173 of Section 2.00 of the Budget Act of 2011 is amended to read: 4260-101-3173--For support of Department of Health Care Services, for payment to Item 4260-101-0001, payable from the Medi- Cal Emergency Services Fund............... 0SEC. 224.Item 4260-102-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4260-102-0001--For local assistance, Department of Health Care Services, Program 20.10.030-Benefits (Medical Care and Services), for supplemental reimbursement for debt service pursuant to Section 14085.5 of the Welfare and Institutions Code.......................... 46,591,000 Provisions: 1. Notwithstanding any other provision of law, the Department of Finance may authorize transfer of expenditure authority between this item and Items 4260-101- 0001, 4260-111-0001, 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 effects on the program from which funds are being transferred or reduced.SEC. 225.Item 4260-102-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 4260-102-0890--For local assistance, Department of Health Care Services, Program 20.10.030-Benefits (Medical Care and Services), payable from the Federal Trust Fund, for supplemental reimbursement for debt service pursuant to Section 14085.5 of the Welfare and Institutions Code....................................... 46,591,000 Provisions: 1. Any of the provisions in Item 4260-102-0001 that are relevant to this item also apply to this item.SEC. 226.Item 4260-105-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4260-105-0001--For transfer to the Private Hospital Supplemental Fund........ 120,177,000SEC. 227.Item 4260-106-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 4260-106-0890--For local assistance, Department of Health Care Services, payable from the Federal Trust Fund................... 18,632,000 Schedule: (1) 20.10.010-Eligibility (County Administration)........ 15,698,000 (2) 20.10.030-Benefits (Medical Care and Services).............. 2,934,000 Provisions: 1. Notwithstanding any other provision of law, the Department of Finance may authorize the transfer of expenditure authority between this item and Items 4260-101-0890, 4260- 102-0890, 4260-111-0890, 4260-113- 0890, and 4260-117-0890 in order to effectively administer the programs funded in these items. The Department of Finance shall notify the Legislature within 10 days of authorizing such transfer unless prior notification of the transfer has been included in the Medi-Cal estimate 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 final assumptions used in calculating the transfer amount, and any potential effects on the program from which the funds are being transferred or reduced.SEC. 228.Item 4260-111-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4260-111-0001--For local assistance, Department of Health Care Services.......... 89,141,000 Schedule: (1) 20.25-Children's Medical Services...... 268,509,000 (2) 20.35-Primary and Rural Health.......... 1,054,000 (3) Reimbursements........ - 57,657,000 (4) Amount payable from the Childhood Lead Poisoning Prevention Fund (Item 4260-111- 0080)................. - 32,000 (6) Amount payable from the Federal Trust Fund (Item 4260-111- 0890)................. -122,733,000 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. 229.Item 4260-111-0080 of Section 2.00 of the Budget Act of 2011 is amended to read: 4260-111-0080--For local assistance, Department of Health Care Services, for payment to Item 4260-111-0001, payable from the Childhood Lead Poisoning Prevention Fund........................... 32,000SEC. 230.Item 4260-111-0890 of Section 2.00 of the Budget Act of 2011 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................ 122,733,000 Provisions: 1. Any of the provisions in Item 4260-111-0001 that are relevant to this item also apply to this item.SEC. 231.Item 4260-113-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4260-113-0001--For local assistance, Department of Health Care Services, for the Healthy Families Program (Medi-Cal)... 200,891,000 Schedule: (1) 20.10.010- Eligibility (County Administration)..... 4,039,000 (2) 20.10.020-Fiscal Intermediary Management.......... 960,000 (3) 20.10.030-Benefits (Medical Care and Services)........... 738,200,000 (4) Amount payable from the Federal Trust Fund (Item 4260-113- 0890)............... -542,308,000 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 Access for Infants and Mothers Program and 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. 3. The Department of Finance may authorize the transfer of expenditure authority from Item 4440-101-0001 or 4440-103-3085, or both of those items, as it pertains to the transition of the Early and Periodic Screening, Diagnosis, and Treatment Program, the Mental Health Managed Care Program, and applicable functions related to Medicaid requirements 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 authority transferred.SEC. 232.Item 4260-113-0890 of Section 2.00 of the Budget Act of 2011 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................ 542,308,000 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 Access for Infants and Mothers Program and 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. 233.Item 4260-117-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4260-117-0001--For local assistance, Department of Health Care Services, for implementation of the Health Insurance Portability and Accountability Act............ 6,024,000 Schedule: (1) 20.10.010-Eligibility (County Administration)........ 3,675,000 (2) 20.10.020-Fiscal Intermediary Management............. 42,680,000 (3) Amount payable from the Federal Trust Fund (Item 4260-117- 0890).................. -40,331,000 Provisions: 1. The funding appropriated in this item is limited to the amount specified in Section 17.00. These funds are to be used in support of compliance activities related to the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L. 104-191). 2. Notwithstanding subdivision (a) of Section 1.80 and Section 26.00, the Department of Finance may authorize transfer of expenditure authority between Schedules (1) and (2). 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. 3. Notwithstanding any other provision of law, the Department of Finance may authorize the transfer of expenditure authority between this item and Items 4260-101-0001, 4260-102-0001, 4260-111-0001, and 4260-113-0001 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.SEC. 233.5.Item 4260-117-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 4260-117-0890--For local assistance, Department of Health Care Services, for payment to Item 4260-117-0001, payable from the Federal Trust Fund, for implementation of the Health Insurance Portability and Accountability Act......... 40,331,000 Provisions: 1. The funding appropriated in this item is limited to the amount specified in Section 17.00. These funds are to be used in support of compliance activities related to the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L. 104- 191). 2. Any of the provisions in Item 4260-117-0001 that are relevant to this item also apply to this item.SEC. 234.Item 4265-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4265-001-0001--For support of Department of Public Health............................... 71,064,000 Schedule: (1) 10-Public Health Emergency Preparedness........ 46,585,000 (2) 20-Public and Environmental Health.............. 396,736,000 (3) 30-Licensing and Certification....... 182,568,000 (4) 40.01- Administration...... 27,655,000 (5) 40.02-Distributed Administration...... -27,655,000 (6) Reimbursements...... -32,001,000 (7) Amount payable from the Breast Cancer Research Account (Item 4265-001- 0007)............... -1,063,000 (8) Amount payable from the Breast Cancer Control Account (Item 4265-001- 0009)............... -5,038,000 (9) Amount payable from the Nuclear Planning Assessment Special Account (Item 4265-001- 0029)............... -985,000 (10) Amount payable from the Motor Vehicle Account, State Transportation Fund (Item 4265-001- 0044)............... -1,264,000 (11) Amount payable from the Sale of Tobacco to Minors Control Account (Item 4265- 001-0066)........... -2,490,000 (12) Amount payable from the Occupational Lead Poisoning Prevention Account (Item 4265-001- 0070)............... -3,133,000 (13) Amount payable from the Medical Waste Management Fund (Item 4265-001- 0074)............... -2,169,000 (14) Amount payable from the Radiation Control Fund (Item 4265-001-0075)...... -22,464,000 (15) Amount payable from the Tissue Bank License Fund (Item 4265-001-0076)...... -491,000 (16) Amount payable from the Childhood Lead Poisoning Prevention Fund (Item 4265-001- 0080)............... -10,692,000 (17) Amount payable from the Export Document Program Fund (Item 4265-001- 0082)............... -238,000 (18) Amount payable from the Clinical Laboratory Improvement Fund (Item 4265-001- 0098)............... -9,230,000 (19) Amount payable from the Health Statistics Special Fund (Item 4265-001- 0099)............... -23,401,000 (19.5) Amount payable from the Air Pollution Control Fund (Item 4265-001-0115)...... -323,000 (20) Amount payable from the Wine Safety Fund (Item 4265-001- 0116)............... -60,000 (21) Amount payable from the Water Device Certification Special Account (Item 4265-001- 0129)............... -271,000 (22) Amount payable from the Food Safety Fund (Item 4265-001- 0177)............... -7,366,000 (23) Amount payable from the Environmental Laboratory Improvement Fund (Item 4265-001- 0179)............... -3,409,000 (24) Amount payable from the Genetic Disease Testing Fund (Item 4265-001-0203)...... -19,800,000 (25) Amount payable from the Health Education Account, Cigarette and Tobacco Products Surtax Fund (Item 4265-001-0231)...... -7,974,000 (26) Amount payable from the Research Account, Cigarette and Tobacco Products Surtax Fund (Item 4265-001- 0234)............... -5,221,000 (27) Amount payable from the Unallocated Account, Cigarette and Tobacco Products Surtax Fund (Item 4265-001- 0236)............... -1,934,000 (28) Amount payable from the Drinking Water Operator Certification Special Account (Item 4265-001- 0247)............... -1,726,000 (29) Amount payable from the Nursing Home Administrator's State License Examining Board Fund (Item 4265-001- 0260)............... -366,000 (30) Amount payable from the Infant Botulism Treatment and Prevention Fund (Item 4265-001- 0272)............... -6,184,000 (31) Amount payable from the Safe Drinking Water Account (Item 4265-001-0306)...... -13,308,000 (32) Amount payable from the Registered Environmental Health Specialist Fund (Item 4265-001- 0335)............... -400,000 (33) Amount payable from the Vectorborne Disease Account (Item 4265-001- 0478)............... -101,000 (34) Amount payable from the Toxic Substances Control Account (Item 4265- 001-0557)........... -1,154,000 (35) Amount payable from the Domestic Violence Training and Education Fund (Item 4265-001- 0642)............... -915,000 (36) Amount payable from the California Alzheimer's Disease and Related Disorders Research Fund (Item 4265-001- 0823)............... -806,000 (37) Amount payable from the Federal Trust Fund (Item 4265-001- 0890)............... -258,207,000 (38) Amount payable from the Drug and Device Safety Fund (Item 4265-001-3018)...... -6,047,000 (39) Amount payable from the Medical Marijuana Program Fund (Item 4265-001- 3074)............... -461,000 (40) Amount payable from the Cannery Inspection Fund (Item 4265-001- 3081)............... -2,351,000 (41) Amount payable from the State Department of Public Health Licensing and Certification Program Fund (Item 4265-001-3098)...... -90,789,000 (42) Amount payable from the Retail Food Safety and Defense Fund (Item 4265-001- 3111)............... -23,000 (43) Amount payable from the Birth Defects Monitoring Fund (Item 4265-001- 3114)............... -3,791,000 (44) Amount payable from the Lead-Related Construction Fund (Item 4265-001- 3155)............... -443,000 (45) Amount payable from the Recreational Health Fund (Item 4265-001-3157)...... -236,000 (46) Amount payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (Item 4265-001-6031)...... -4,017,000 (47) Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 4265-001- 6051)............... -2,280,000 (48) Amount payable from the California Prostate Cancer Research Fund (Item 4265-001-8025)...... -203,000 Provisions: 1. Except as otherwise prohibited by law, the State Department of Public Health shall promulgate emergency regulations to adjust the public health fees set by regulation to an amount such that, if the new fees were effective throughout the 2011-12 fiscal year, the estimated revenues would be sufficient to offset at least 95 percent of the approved program level intended to be supported by those fees. The General Fund fees of the department that are subject to the annual fee adjustment pursuant to subdivision (a) of Section 100425 of the Health and Safety Code shall be increased by 9.21 percent. The special fund fees of the department that are subject to the annual fee adjustment pursuant to subdivision (a) of Section 100425 of the Health and Safety Code may be increased by 9.21 percent only if the fund condition statement for a fund projects a reserve less than 10 percent of estimated expenditures and the revenues projected for the 2011-12 fiscal year are less than the appropriation contained in this act. 2. Notwithstanding subdivision (b) of Section 100450 of the Health and Safety Code, departmental fees that are subject to the annual fee adjustment pursuant to subdivision (a) of Section 100450 of the Health and Safety Code shall be increased by 7.5 percent, effective July 1, 2011. This adjustment shall not be applied to fees established by subdivisions (f), (g), (m), and (s) of Section 1300 of the Business and Professions Code. 3. The State Department of Public Health shall limit expenditures in this item to implement the Uniform Anatomical Gift Act (Ch. 829, Stats. 2000) to the amount of actual fees collected from tissue banks. 4. The State Department of Public Health shall provide the fiscal and policy committees of each house of the Legislature by no later than January 15, 2012, a copy of the annual work plan for accomplishing the mandates set forth in the Nursing Home Administrators' Act (Chapter 2.35 (commencing with Section 1416) of Division 2 of the Health and Safety Code). This work plan will identify goals and objectives, required activities, resources needed, timeframes, and expected outcomes that will result in the accomplishment of the defined mandates. 5. The State Department of Public Health shall use the standard state personnel year equivalent for all new positions funded in the 2011-12 fiscal year for licensing and certification activities related to health care facilities. 7. The Center for Environmental Health shall provide the fiscal committees of each house of the Legislature, by no later than January 10 and May 14 of each year, with a fiscal update that contains a summary of all water bond appropriation authority of the State Department of Public Health, bond proceeds, the status of project obligations, and any other relevant information regarding the department's overall safe drinking water program.SEC. 235.Item 4265-001-0007 of Section 2.00 of the Budget Act of 2011 is amended to read: 4265-001-0007--For support of Department of Public Health, for payment to Item 4265-001-0001, payable from the Breast Cancer Research Account................... 1,063,000SEC. 236.Item 4265-001-0234 of Section 2.00 of the Budget Act of 2011 is amended to read: 4265-001-0234--For support of Department of Public Health, for payment to Item 4265-001-0001, payable from the Research Account, Cigarette and Tobacco Products Surtax Fund............................... 5,221,000SEC. 237.Item 4265-001-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 4265-001-0890--For support of Department of Public Health, for payment to Item 4265- 001-0001, payable from the Federal Trust Fund....................................... 258,207,000 Provisions: 1. Of the funds appropriated in this item, $55,421,000 shall be available for administration, research, and training projects. Notwithstanding Section 28.00, the State Department of Public Health shall report under that section any new project over $400,000 or any increase in excess of $400,000 for an identified project. 2. The Department of Finance may authorize the transfer of expenditure authority from this item to Item 4265-111- 0890 in order to reflect modifications in the use of federal bioterrorism grants. Transfers pursuant to this provision may not be approved 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 and the Chairperson of the Joint Legislative Budget Committee, or no sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may in each instance determine. 3. Notwithstanding any other provision of law, federal moneys made available for bioterrorism preparedness pursuant to this act shall be available for expenditure or encumbrance until August 30, 2012. 4. The State Department of Public Health shall notify the fiscal and relevant policy committees of the Legislature in a timely manner regarding the federal government's approval of the state's application for cooperative agreement for funding from the federal Centers for Disease Control and Prevention's Public Health Preparedness and Response to Bioterrorism Program. The notification shall include a summary of all policy and fiscal changes made by the federal government to the state's application. If additional changes are made throughout the fiscal year, the department shall notify the fiscal and relevant policy committees of the Legislature in a similar manner.SEC. 238.Item 4265-011-0080 of Section 2.00 of the Budget Act of 2011 is amended to read: 4265-011-0080--For transfer by the Controller, upon order of the Director of Finance, from the Childhood Lead Poisoning Prevention Fund, to the General Fund...................................... (9,062,000)SEC. 239.Item 4265-111-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4265-111-0001--For local assistance, Department of Public Health................ 129,561,000 Schedule: (1) 10.10-Emergency Preparedness........ 62,483,000 (2) 20.10-Chronic Disease Prevention and Health Promotion........... 209,167,000 (3) 20.20-Infectious Disease............. 370,506,000 (4) 20.30-Family Health. 1,634,019,000 (5) 20.40-Health Information and Strategic Planning.. 510,000 (6) 20.50-County Health Services............ 14,181,000 (8) Reimbursements...... -203,758,000 (9) Amount payable from the Breast Cancer Control Account (Item 4265- 111-0009)........... -12,874,000 (10) Amount payable from the Childhood Lead Poisoning Prevention Fund (Item 4265-111- 0080)............... -11,000,000 (11) Amount payable from the Health Statistics Special Fund (Item 4265-111- 0099)............... -510,000 (12) Amount payable from the California Health Data and Planning Fund (Item 4265-111-0143)...... -240,000 (13) Amount payable from the Genetic Disease Testing Fund (Item 4265-111-0203)...... -94,001,000 (14) Amount payable from the Health Education Account, Cigarette and Tobacco Products Surtax Fund (Item 4265-111-0231)...... -42,335,000 (15) Amount payable from the Unallocated Account, Cigarette and Tobacco Products Surtax Fund (Item 4265-111- 0236)............... -22,081,000 (16) Amount payable from the Child Health and Safety Fund (Item 4265-111- 0279)............... -1,050,000 (17) Amount payable from the Domestic Violence Training and Education Fund (Item 4265-111- 0642)............... -235,000 (18) Amount payable from the Federal Trust Fund (Item 4265-111- -1,545,870,00 0890)............... 0 (19) Amount payable from the WIC Manufacturer Rebate Fund (Item 4265-111- 3023)............... -227,000,000 (20) Amount payable from the California Sexual Violence Victim Services Fund (Item 4265-111- 8035)............... -174,000 (21) Amount payable from the ALS/Lou Gehrig's Disease Research Fund (Item 4265-111-8053)...... -177,000 Provisions: 1. The Office of AIDS in the State Department of Public Health, in allocating and processing contracts and grants, shall comply with the same requirements that are established for contracts and grants for other public health programs. Notwithstanding any other provision of law, the contracts or grants administered by the Office of AIDS shall be exempt from the Public Contract Code and shall be exempt from approval by the Department of General Services prior to their execution. 2. The appropriation in this item for the Alzheimer's Research Centers shall be used for direct services, including, but not limited to, diagnostic screening, case management, disease management, support for caregivers, and related services necessary for positive client outcomes.SEC. 240.Item 4265-111-0009 of Section 2.00 of the Budget Act of 2011 is amended to read: 4265-111-0009--For local assistance, Department of Public Health, for payment to Item 4265-111-0001, payable from the Breast Cancer Control Account............. 12,874,000SEC. 241.Item 4265-111-0231 of Section 2.00 of the Budget Act of 2011 is amended to read: 4265-111-0231--For local assistance, Department of Public Health, for payment to Item 4265-111-0001, payable from the Health Education Account, Cigarette and Tobacco Products Surtax Fund.............. 42,335,000SEC. 242.Item 4265-111-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 4265-111-0890--For local assistance, Department of Public Health, for payment to Item 4265-111-0001, payable from the Federal Trust Fund........................ 1,545,870,000 Provisions: 1. Of the funds appropriated in this item, $66,596,000 shall be available for administration, research, and training projects. Notwithstanding the provisions of Section 28.00, the State Department of Public Health shall report under that section any new project over $400,000 or any increase in excess of $400,000 for an identified project. 2. Notwithstanding any other provision of law, federal moneys made available for bioterrorism preparedness pursuant to this act shall be available for expenditure or encumbrance until August 30, 2012. 3. Any provisions in Item 4265- 111-0001 that are relevant to this item shall apply to this item.SEC. 243.Item 4265-111-6051 is added to Section 2.00 of the Budget Act of 2011, to read: 4265-111-6051--For local assistance, Department of Public Health, payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006................................... 7,500,000 Provisions: 1. The funds appropriated in this item shall be to provide grants to public agencies, as provided in Section 75022 of the Public Resources Code, to improve drinking water infrastructure in communities served by mutual water companies in the cities of Maywood and Santa Ana. Grants may be made only with respect to a mutual water company that dissolves or otherwise transfers all responsibility for operation of the public water system to the public agency seeking the grant. Any funds that are not awarded within three years after the effective date of the act adding this item shall revert back to the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006.SEC. 244.Item 4265-401 is added to Section 2.00 of the Budget Act of 2011, to read: 4265-401--Notwithstanding Provision 2 of Item 4260-011-0099 of the Budget Act of 2004 (Ch. 208, Stats. 2004) and Provision 1 of Item 4260-011-0099 of the Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), the $1,500,000 loan authorized to the Medical Marijuana Program Fund shall be fully repaid to the Health Statistics Special Fund by June 30, 2014, with interest calculated at the rate earned by the Pooled Money Investment Account at the time of the loan.SEC. 245.Item 4265-491 is added to Section 2.00 of the Budget Act of 2011, to read: 4265-491--Reappropriation, Department of Public Health. As of June 30, 2011, the amount specified in the following citation is reappropriated for the purposes of storing emergency preparedness assets, including pharmaceuticals, medical supplies, and state mobile field hospitals, to allow the Department of Public Health and the Emergency Medical Services Authority to distribute the assets to alternate, permanent points of responsibility. These funds shall be available for encumbrance or expenditure until June 30, 2013: 0001--General Fund (1) $1,832,000 in Item 4260-111-0001, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006)SEC. 246.Item 4280-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4280-001-0001--For support of Managed Risk Medical Insurance Board........................ 2,688,000 Schedule: (1) 10-Major Risk Medical Insurance Program...... 1,284,000 (2) 20-Access for Infants and Mothers Program.... 1,002,000 (3) 40-Healthy Families Program................ 10,050,000 (4) 50-County Health Initiative Matching Fund Program........... 482,000 (5) Reimbursements......... -493,000 (6) Amount payable from Unallocated Account, Cigarette and Tobacco Products Surtax Fund (Item 4280-001-0236)... -34,000 (7) Amount payable from Perinatal Insurance Fund (Item 4280-001- 0309).................. -342,000 (8) Amount payable from Major Risk Medical Insurance Fund (Item 4280-001-0313)......... -1,284,000 (9) Amount payable from Federal Trust Fund (Item 4280-001-0890)... -7,495,000 (11) Amount payable from Federal Trust Fund (Item 4280-003-0890)... -313,000 (12) Amount payable from County Health Initiative Matching Fund (Item 4280-003- 3055).................. -169,000 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. 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. 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 Access for Infants and Mothers Program and 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 December 1, 2011. 5. The Department of Finance may authorize the transfer of expenditure authority from this item to Item 4260-001-0001 to consolidate state administrative functions for the operation of Access for Infants and Mothers Program and 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 this item. 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 transferred, and (d) any potential fiscal or programmatic effects of the transfer of expenditure authority.SEC. 247.Item 4280-001-0890 of Section 2.00 of the Budget Act of 2011 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..................................... 7,495,000 Provisions: 1. Provision 3 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 to consolidate state administrative functions for the operation of Access for Infants and Mothers Program and 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 authority transferred, and (d) any potential fiscal or programmatic effects of the transfer of expenditure authority.SEC. 248.Item 4280-101-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4280-101-0001--For local assistance, Managed Risk Medical Insurance Board, for the Healthy Families Program.............. 215,347,000 Schedule: (1) 20-Access for Infants and Mothers Program............. 69,839,000 (2) 40-Healthy Families Program............. 781,615,000 (3) Amount payable from the Federal Trust Fund (Item 4280-101- 0890)............... -577,890,000 (4) Amount payable from the Children's Health and Human Services Special Fund (Item 4280-101- 3156)............... -58,217,000 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 Funds are used, and advise the Department of Finance and the Joint Legislative Budget Committee, as part of the estimate submittals required in subdivision (h) of Section 10506 of the Welfare and Institutions Code, on how much revenue is available from the Children's Health and Human Services Special Fund and its overall impact on General Fund appropriations and annual General Fund allocations. 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, as it pertains to the transition of the Access for Infants and Mothers Program and 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 authority transferred.SEC. 249.Item 4280-101-0890 of Section 2.00 of the Budget Act of 2011 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................... 577,890,000 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, as it pertains to the transition of the Access for Infants and Mothers Program and 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 authority transferred.SEC. 250.Item 4280-101-3156 of Section 2.00 of the Budget Act of 2011 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........................... 58,217,000 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, 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 authority transferred.SEC. 251.Item 4280-102-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4280-102-0001--For local assistance, Managed Risk Medical Insurance Board, for Healthy Families Program administrative contracts................................... 50,680,000 Schedule: (1) 40-Healthy Families Program............... 163,025,000 (2) Reimbursements........ -8,065,000 (3) Amount payable from the Federal Trust Fund (Item 4280-102- 0890)................. -101,587,000 (4) Amount payable from the Children's Health and Human Services Special Fund (Item 4280-102-3156)........ -2,693,000 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, as it pertains to the transition of the Access for Infants and Mothers Program and 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 authority transferred.SEC. 252.Item 4280-102-0890 of Section 2.00 of the Budget Act of 2011 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.. 101,587,000 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, as it pertains to the transition of the Access for Infants and Mothers Program and 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 authority transferred.SEC. 253.Item 4280-102-3156 of Section 2.00 of the Budget Act of 2011 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.................... 2,693,000 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. 254.Item 4280-103-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 4280-103-0890--For local assistance, Managed Risk Medical Insurance Board, for payment to Item 4280-103-3055, payable from the Federal Trust Fund, for the County Health Initiative Matching Fund Program..... 867,000 Provisions: 1. Provisions 1, 2, and 3 of Item 4280- 103-3055 also apply to this item.SEC. 255.Item 4280-103-3055 of Section 2.00 of the Budget Act of 2011 is amended to read: 4280-103-3055--For local assistance, Managed Risk Medical Insurance Board, for the County Health Initiative Matching Fund Program, payable from the County Health Initiative Matching Fund................................ 467,000 Schedule: (1) 50-County Health Initiative Matching Fund Program.................... 1,334,000 (2) Amount payable from the Federal Trust Fund (Item 4280-103-0890)............. -867,000 Provisions: 1. Upon order of the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Item 4280-003- 0890 or 4280-003-3055 in order to effectively administer the County Health Initiative Matching Fund program. The Department of Finance may also authorize the establishment of positions in order to allow the Managed Risk Medical Insurance Board to effectively administer the County Health Initiative Matching Fund program. 2. Funds in this item are subject to the availability, as determined by the Department of Finance, of federal State Children's Health Insurance Program funds not needed for state-funded health programs, including, but not limited to, the Healthy Families Program and, as funded by the federal State Children's Health Insurance Program, the Access for Infants and Mothers Program, and the Medi-Cal program. To determine the availability of funds, all entities participating in the County Health Initiative Matching Fund program, as a condition of receiving funds, shall submit, on or before August 1 and February 1 of each year, an estimate of expenditures under this item to the Managed Risk Medical Insurance Board. The Managed Risk Medical Insurance Board shall reflect this information in the November and May estimates provided to the Department of Finance. 3. 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.SEC. 256.Item 4280-111-0232 of Section 2.00 of the Budget Act of 2011 is amended to read: 4280-111-0232--For transfer by the Controller from the Hospital Services Account, Cigarette and Tobacco Products Surtax Fund to the Perinatal Insurance Fund, for the Access for Infants and Mothers Program............................ (15,074,000) Provisions: 1. In order to effectively administer the Access for Infants and Mothers Program, the Department of Finance may decrease or increase this item in order to conform the appropriation to revised subvention estimates.SEC. 257.Item 4280-111-0233 of Section 2.00 of the Budget Act of 2011 is amended to read: 4280-111-0233--For transfer by the Controller from the Physician Services Account, Cigarette and Tobacco Products Surtax Fund to the Perinatal Insurance Fund, for the Access for Infants and Mothers Program............................ (17,448,000) Provisions: 1. In order to effectively administer the Access for Infants and Mothers Program, the Department of Finance may decrease or increase this item in order to conform the appropriation to revised subvention estimates.SEC. 258.Item 4280-111-0236 of Section 2.00 of the Budget Act of 2011 is amended to read: 4280-111-0236--For transfer by the Controller from the Unallocated Account, Cigarette and Tobacco Products Surtax Fund to the Perinatal Insurance Fund, for the Access for Infants and Mothers Program..... (15,403,000) Provisions: 1. In order to effectively administer the Access for Infants and Mothers Program, the Department of Finance may decrease or increase this item in order to conform the appropriation to revised subvention estimates.SEC. 259.Item 4280-112-0233 of Section 2.00 of the Budget Act of 2011 is amended to read: 4280-112-0233--For transfer by the Controller from the Physician Services Account, Cigarette and Tobacco Products Surtax Fund to the Major Risk Medical Insurance Fund, for the Major Risk Medical Insurance Program................. (271,000)SEC. 260.Item 4280-112-3133 of Section 2.00 of the Budget Act of 2011 is amended to read: 4280-112-3133--For transfer by the Controller from the Managed Care Administrative Fines and Penalties Fund to the Major Risk Medical Insurance Fund, for the Major Risk Medical Insurance Program... (2,368,000) Provisions: 1. In order to effectively administer the Major Risk Medical Insurance Program, the Department of Finance may decrease or increase this item in order to conform to the revised transfer estimate from the Managed Care Administrative Fines and Penalties Fund.SEC. 261.Item 4300-003-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4300-003-0001--For support of Department of Developmental Services, for Developmental Centers..................... 281,887,000 Schedule: (1) 20-Developmental Centers Program..... 559,531,000 (2) Reimbursements...... -277,114,000 (3) Amount payable from the Federal Trust Fund (Item 4300-003- 0890)............... -530,000 Provisions: 1. A loan shall be available from the General Fund to the State Department of Developmental Services not to exceed a cumulative total of $77,000,000. The loan funds will be transferred to this item as needed to meet cashflow needs due to delays in collecting reimbursements from the Health Care Deposit Fund and are subject to the repayment provisions of Section 16351 of the Government Code. 2. Upon order of the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Item 4300-001-0001 in order to appropriately align General Fund and Medi-Cal reimbursements from the State Department of Health Care Services with budgeted activities. Within 10 working days after approval of a transfer as authorized by this provision, the Department of Finance shall notify the chairpersons of the fiscal committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee of the transfer, including the amount transferred, how the amount was determined, and how the amount will be utilized. 3. Upon order of the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Item 4300-101-0001. Within 10 working days after approval of a transfer as authorized by this provision, the Department of Finance shall notify the chairpersons of the fiscal committees in each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee of the transfer, including the amount transferred, how the amount transferred was determined, and how the amount transferred will be utilized. 4. The State Department of Developmental Services (DDS) shall notify the chairperson of each fiscal committee and policy committee of each house of the Legislature of specific outcomes resulting from citations and the results of annual surveys conducted by the State Department of Public Health, as well as findings of any other governmental agency authorized to conduct investigations or surveys of state developmental centers. The DDS shall forward the notifications, including a copy of the specific findings, to the chairpersons of the committees within 10 working days of its receipt of these findings. The DDS also shall forward these findings, within three working days of submission, to the appropriate investigating agency. In addition, the DDS shall provide notification to the chairpersons of the committees, within three working days, of its receipt of information concerning any investigation initiated by the United States Department of Justice and the private nonprofit corporation designated by the Governor pursuant to Division 4.7 (commencing with Section 4900) of the Welfare and Institutions Code or concerning any findings or recommendations resulting from any of these investigations.SEC. 262.Item 4300-004-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4300-004-0001--For support of Department of Developmental Services (Proposition 98), for Developmental Centers.......................... 7,102,000 Schedule: (1) 20-Developmental Centers 9,608,00 Program....................... 0 (a) 20.17-AB 1202 Contracts... 780,000 (b) 20.66-Medi- Cal Eligible Services.... 8,828,000 (2) Reimbursements................ -2,506,0 00 Provisions: 1. Of the amount appropriated in this item, $2,779,000 is to be used to provide the General Fund match for Medi-Cal Eligible Services.SEC. 263.Item 4300-101-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4300-101-0001--For local assistance, Department of Developmental Services, for Regional Centers..................... 2,289,463,000 Schedule: (1) 10.10.010- Operations.......... 500,736,000 (2) 10.10.020-Purchase 3,457,335,00 of Services......... 0 (3) 10.10.060-Early Intervention Program............. 20,095,000 (4) 10.10.080- Prevention Program.. 4,503,000 (6) Reimbursements...... - 1,638,538,00 0 (7) Amount payable from Developmental Disabilities Program Development Fund (Item 4300-101- 0172)............... -2,603,000 (8) Amount payable from Federal Trust Fund (Item 4300-101- 0890)............... -51,915,000 (9) Amount payable from the Developmental Disabilities Services Account (Item 4300-101- 0496)............... -150,000 Provisions: 1. Upon order of the Director of Finance, the Controller shall transfer such funds as are necessary between this item and Item 4300-003-0001. Within 10 working days after approval of a transfer as authorized by this provision, the Department of Finance shall notify the chairpersons of the fiscal committees in each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee of the transfer, including the amount transferred, how the amount transferred was determined, and how the amount transferred will be utilized. 2. A loan shall be made available from the General Fund to the State Department of Developmental Services not to exceed a cumulative total of $160,000,000. The loan funds shall be transferred to this item as needed to meet cashflow needs due to delays in collecting reimbursements from the Health Care Deposit Fund and are subject to the repayment provisions of Section 16351 of the Government Code. 3. Upon order of the Director of Finance, the Controller shall transfer funds as are necessary between this item and Item 5160- 001-0001 to provide for the transportation costs to and from work activity programs of clients who are receiving vocational rehabilitation services through the Vocational Rehabilitation/Work Activity Program (VR/WAP). 4. $1,826,000 of the funds appropriated in this item may be used to augment service provider rates for the work needed to obtain information to secure federal participation under the Home and Community-Based Services Waiver program. Eligible providers are those service providers who are qualified providers under Title XIX of the Social Security Act, are not currently providing the required information, and are serving individuals enrolled under the Home and Community- Based Services Waiver program. 5. Notwithstanding Section 26.00, the Department of Finance may authorize transfer of expenditure authority between Schedules (1) and (2) in order to more accurately reflect expenditures in the Early Intervention Program (Part C of the Individuals with Disabilities Education Act). 6. It is the intent of the Legislature for the State Department of Health Care Services and the State Department of Developmental Services to collaboratively work with stakeholders, including providers and diverse constituency groups as deemed appropriate, regarding the bundling of rates for the reimbursement of intermediate care facilities for the developmentally disabled, including habilitative and nursing facilities. It is the intent of the Legislature that any changes made by the state shall be seamless to the providers of services affected by the changes, as well as to the consumers and their families that are provided services through the Regional Center system. The integrity of the individual program plan process described in the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) shall be maintained throughout this process and shall not be affected by any changes made to implement the bundled rates. 7. Notwithstanding Section 26.00, the Department of Finance may authorize transfer of expenditure authority from Schedule (4) 10.10.080- Prevention Program to Schedule (2) 10.10.020-Purchase of Services to more accurately reflect expenditures in the Prevention and Early Start Programs.SEC. 264.Item 4300-101-0172 of Section 2.00 of the Budget Act of 2011 is amended to read: 4300-101-0172--For local assistance, Department of Developmental Services, for payment to Item 4300-101-0001, payable from the Developmental Disabilities Program Development Fund............................ 2,603,000 Provisions: 1. Notwithstanding any other provision of law, the Department of Finance may authorize expenditures for the State Department of Developmental Services in excess of the amount appropriated no sooner than 30 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees in each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee, or no sooner than such lesser time after that notification as the chairperson of the joint committee, or his or her designee, may in each instance determine.SEC. 265.Item 4300-101-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 4300-101-0890--For local assistance, Department of Developmental Services, for Regional Centers, for payment to Item 4300- 101-0001, payable from the Federal Trust Fund....................................... 51,915,000 Provisions: 1. Upon order of the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Item 4300-001-0890 in order to effectively administer the Early Intervention federal grant program (Part C of the Individuals with Disabilities Education Act). 2. Upon order of the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Item 4300-003-0890 in order to effectively administer the Foster Grandparent Program. 3. Notwithstanding Section 26.00, the Department of Finance may authorize transfer of expenditure authority between Programs 10.10.010-Operations and 10.10.020-Purchase of Services in order to more accurately reflect expenditures in the Early Intervention federal grant program (Part C of the Individuals with Disabilities Education Act).SEC. 266.Item 4300-491 is added to Section 2.00 of the Budget Act of 2011, to read: 4300-491--Reappropriation, Department of Developmental Services. The balances of the appropriations provided in the following citations are reappropriated for the purposes and subject to the limitations, unless otherwise specified, in those appropriations: 0001-- General Fund (1) Item 4300-301-0001, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 55.25.270-Fairview: Upgrade Fire Alarm System-- ConstructionSEC. 267.Item 4440-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4440-001-0001--For support of Department of Mental Health............................... 48,443,000 Schedule: (1) 10-Community Services. 57,577,000 (2) 20-Long-Term Care Services.............. 28,882,000 (3) 35.01-Departmental Administration........ 16,560,000 (4) 35.02-Distributed Departmental Administration........ - 16,560,000 (5) Reimbursements........ -21,770,000 (6) Amount payable from the Federal Trust Fund (Item 4440-001- 0890)................. -3,517,000 (7) Amount payable from the Mental Health Services Fund (Item 4440-001-3085)........ - 12,339,000 (8) Amount payable from the Licensing and Certification Fund, Mental Health (Item 4440-001-3099)........ -390,000 Provisions: 1. Upon order of the Department of Finance, and following 30-day notification to the Joint Legislative Budget Committee, the Controller shall transfer between this item and Item 4440-016-0001 those funds that are necessary for direct community services, as well as administrative and ancillary services related to the provision of direct services. 2. Notwithstanding Section 26.00, the Department of Finance may authorize the transfer of expenditure authority between Schedules (1) and (2) in order to accurately reflect expenditures in these programs. 3. A transition plan for the transfer of state administrative functions for the operation of the Early and Periodic Screening, Diagnosis, and Treatment Program, the Mental Health Managed Care Program, and 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 October 1, 2011. A transition plan for other programmatic functions and components within the State Department of Mental Health shall be provided to all fiscal and applicable policy committees upon completion, but no later than February 1, 2012. These transition plans may be updated by the Administration and provided to all fiscal and applicable policy committees of the Legislature upon completion, but no later than May 15, 2012. 4. It is the intent of the Legislature to consolidate state administrative functions for the operation of Medi-Cal specialty mental health services and to transition those functions to the State Department of Health Care Services to (a) improve access to mental health services, including a focus on recovery and rehabilitation services, (b) more effectively integrate the financing of services, including the receipt of federal funds, (c) improve state accountabilities and outcomes, and (d) provide focused, high-level leadership for behavioral health services. 5. The Department of Finance may authorize the transfer of expenditure authority from this item to Item 4260-001-0001 to consolidate state administrative functions for the operation of the Early and Periodic Screening, Diagnosis, and Treatment Program and the Mental Health Managed Care Program, and to transition those functions to the State Department of Health Care Services. Any transfer shall be consistent with the transition plan required in Provision 3. 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 or programmatic effects of the transfer of expenditure authority. 6. By September 1, 2011, in order to ensure business continuity and to minimize any interruptions of services, the Department of Finance may authorize the transfer of positions and employees performing administrative functions for the operation of the Early and Periodic Screening, Diagnosis, and Treatment Program, the Mental Health Managed Care Program, and applicable functions related to Medicaid requirements from the State Department of Mental Health to the State Department of Health Care Services (DHCS) prior to submission of the transition plan required in Provision 3. The final determination of total resources, expenditure authority, and organizational structure shall be consistent with the transition plan. Thirty days prior to the effective date of any transfer of employees and positions authorized pursuant to this provision, the Director of Finance shall notify the Joint Legislative Budget Committee of the number of employees and positions transferred and the basis for determining this number of employees and positions.SEC. 268.Item 4440-001-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 4440-001-0890--For support of Department of Mental Health, for payment to Item 4440-001- 0001, payable from the Federal Trust Fund... 3,517,000 Provisions: 1. Upon order of the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Item 4440-101-0890. 2. The Department of Finance may authorize the transfer of expenditure authority from this item to Item 4260-001-0001 to consolidate state administrative functions for the operation of the Early and Periodic Screening, Diagnosis, and Treatment Program and the Mental Health Managed Care Program, and to transition those functions to the State Department of Health Care Services. Any transfer shall be consistent with the transition plan required in Provision 3 of Item 4440-001-0001. 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 or programmatic effects of the transfer of expenditure authority. 3. By September 1, 2011, in order to ensure business continuity and to minimize any interruptions of services, the Department of Finance may authorize the transfer of positions and employees performing administrative functions for the operation of the Early and Periodic Screening, Diagnosis, and Treatment Program, the Mental Health Managed Care Program, and applicable functions related to Medicaid requirements from the State Department of Mental Health to the State Department of Health Care Services (DHCS) prior to submission of the transition plan required in Provision 3 of Item 4440-001-0001. The final determination of total resources, expenditure authority, and organizational structure shall be consistent with the transition plan. Thirty days prior to the effective date of any transfer of employees and positions authorized pursuant to this provision, the Director of Finance shall notify the Joint Legislative Budget Committee of the number of employees and positions transferred and the basis for determining this number of employees and positions.SEC. 269.Item 4440-001-3085 of Section 2.00 of the Budget Act of 2011 is amended to read: 4440-001-3085--For support of Department of Mental Health, for payment to Item 4440- 001-0001, payable from the Mental Health Services Fund.............................. 12,339,000 Provisions: 1. Funds appropriated in this item are in lieu of the amounts that otherwise would have been appropriated for administration pursuant to subdivision (d) of Section 5892 of the Welfare and Institutions Code. 2. Notwithstanding any other provision of law, the Department of Finance may increase the funding provided in this item to further the implementation of the Mental Health Services Act (Proposition 63, as approved by the voters at the November 2, 2004, statewide general election). Any increase may occur not sooner than 30 days after written notification has been 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 identifying the need for that increase and the expenditure plan for the additional funds. 3. The State Department of Mental Health shall annually provide to the Department of Finance a Fund Condition Statement of the Housing Support Account (special deposit account) which shall be annually published in the Governor's Budget. It is the intent of the Legislature to utilize this information to track the fiscal allocations made for the Housing Initiative Program as established under the Mental Health Services Act (Proposition 63, as approved by the voters at the November 2, 2004, statewide general election).SEC. 270.Item 4440-011-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4440-011-0001--For support of the State Hospitals, Department of Mental Health... 1,167,633,000 Schedule: (1) 20.10-Long-Term Care Services-- Lanterman-Petris- Short Act........... 78,065,000 (2) 20.20-Long-Term Care Services-- Penal Code and Judicially 1,171,060,00 Committed........... 0 (3) Reimbursements...... -81,492,000 Provisions: 1. Upon order of the Department of Finance, and following 30-day notification to the Joint Legislative Budget Committee, the Controller shall transfer between this item and Item 4440- 016-0001 those funds that are necessary for direct community services, as well as administrative and ancillary services related to the provision of direct services. 2. Upon approval of the State Department of Mental Health, a portion of the funds appropriated in Schedule (2) shall be available to reimburse counties for the cost of treatment and legal services to patients in the five State Department of Mental Health state hospitals, pursuant to Section 4117 of the Welfare and Institutions Code. Expenditures made under this item shall be charged to either the fiscal year in which the claim is received or the fiscal year in which the Controller issues the warrant. Claims filed by local jurisdictions for legal services may be scheduled by the Controller for payment. 3. The reimbursements identified in Schedule (3) shall include amounts received by the State Department of Mental Health as a result of billing for Lanterman- Petris-Short (LPS) Act state hospital bed day expenditures attributable to conservatees who are gravely disabled as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code (Murphy Conservatee). 4. The Controller shall transfer the total amount attributable in the 2011-12 fiscal year to patient-generated collections for Lanterman-Petris-Short (LPS) Act patients as revenue to the General Fund. 5. Notwithstanding any other provision of law, funds appropriated to accommodate projected hospital population levels in excess of those that actually materialize, if any, shall revert to the General Fund. However, the Department of Finance may approve an increase in expenditures that are not related to caseload for the state hospitals through the redirection of funding that is reasonably believed not to be needed for accommodating projected hospital population levels if the approval is made in writing and filed with the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees of each house of the Legislature that consider appropriations not later than 30 days prior to the effective date of the approval, or prior to whatever lesser time the chairperson of the joint committee, or his or her designee, may in each instance determine. All notifications shall include (a) the reason for the proposed redirection of caseload funding to expenditures that are not related to caseload, (b) the approved amount, and (c) the basis of the Director of Finance's determination that the funding is not needed for accommodating projected hospital population levels. 6. Notwithstanding Section 26.00, the Department of Finance may authorize the transfer of expenditure authority between Schedules (1) and (2) in order to accurately reflect caseload in these programs. 7. The State Department of Mental Health shall provide the fiscal and policy committees of the Legislature, including the Chairperson of the Joint Legislative Budget Committee, and the Department of Finance with a quarterly update on the progress of the hiring plan to ensure appropriate active treatment for patients, state licensure requirements, and in meeting the Consent Judgment with the United States Department of Justice regarding the federal Civil Rights of Institutionalized Persons Act (CRIPA). This quarterly update shall be provided within 10 working days of the close of the quarter to ensure the exchange of timely and relevant information. 8. Of the amount appropriated in this item, $250,000 is to be used for candidates participating in psychiatric technician assistant 20/20 training programs, subject to the terms and conditions in the Memorandum of Understanding with Bargaining Unit 18 that were agreed upon on June 16, 2010.SEC. 271.Item 4440-101-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 4440-101-0001--For local assistance, Department of Mental Health................. 2,780,000 Schedule: (1) 10.25-Community Services-- Other Treatment........... 701,636,000 (1.5) 10.30-Community Services--EPSDT..... 730,676,000 (2) 10.47-Community Services-- Children's Mental Health Services..... 310,000 (3) 10.97-Community Services-- Healthy Families Program.... 35,217,000 (4) Reimbursements...... -1,465,059,00 0 Provisions: 1. Augmentations to reimbursements in this item from the Office of Emergency Services for Disaster Relief are exempt from Section 28.00. The State Department of Mental Health shall provide written notification to the Joint Legislative Budget Committee describing the nature and planned expenditure of these augmentations when the amount received exceeds $200,000. 2. It is the intent of the Legislature that local expenditures for mental health services for Medi-Cal eligible individuals serve as the match to draw down maximum federal financial participation to continue the Short-Doyle/Medi-Cal program. 3. It is the intent of the Legislature for counties to consider ways to provide services similar to those established pursuant to the Mentally Ill Offender Crime Reduction Grant Program using Mental Health Services Act funds, as referenced in Section 5813.5 of the Welfare and Institutions Code and as appropriated under this act. 4. 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, as it pertains to the transition of the Early and Periodic Screening, Diagnosis, and Treatment Program, the Mental Health Managed Care Program, and applicable functions related to Medicaid requirements 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 authority transferred.SEC. 272.Item 4440-101-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 4440-101-0890--For local assistance, Department of Mental Health, payable from the Federal Trust Fund............................ 60,691,000 Schedule: (1) 10.25-Community Services-- Other Treatment.............. 52,343,000 (2) 10.75-Community Services-- Homeless Mentally Disabled...... 8,348,000 Provisions: 1. The funds appropriated in this item are for assistance to local agencies in the establishment and operation of mental health services, in accordance with Division 5 (commencing with Section 5000) of the Welfare and Institutions Code. 2. The State Department of Mental Health may authorize advance payments of federal grant funds on a monthly basis to the counties for grantees. These advance payments may not exceed one-twelfth of Section 2.00 of the individual grant award for the 2011-12 fiscal year. 3. Upon order of the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Item 4440-001-0890. 4. 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, as it pertains to the transition of the Early and Periodic Screening, Diagnosis, and Treatment Program, the Mental Health Managed Care Program, and applicable functions related to Medicaid requirements 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 authority transferred.SEC. 273.Item 4440-103-0001 is added to Section 2.00 of the Budget Act of 2011, to read: 4440-103-0001--For local assistance, Department of Mental Health, for Mental Health Managed Care........................... 148,000 Schedule: (1) 10.25-Community Services- -Other Treatment............. 148,000 Provisions: 1. The allocation of funds appropriated in this item shall be determined based on a methodology developed by the State Department of Mental Health in consultation with a statewide organization representing counties. This methodology shall be based on a review of actual and projected expenditures for mental health services for Medi-Cal beneficiaries, by county. 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, as it pertains to the transition of the Early and Periodic Screening, Diagnosis, and Treatment Program, the Mental Health Managed Care Program, and applicable functions related to Medicaid requirements 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 authority transferred.SEC. 274.Item 4440-103-3085 of Section 2.00 of the Budget Act of 2011 is amended to read: 4440-103-3085--For local assistance, Department of Mental Health, for Mental Health Managed Care, payable from the Mental Health Services Fund............... 183,590,000 Schedule: (1) 10.25-Community Services-- Other Treatment........... 183,590,000 Provisions: 1. The allocation of funds appropriated in this item shall be determined based on a methodology developed by the State Department of Mental Health in consultation with a statewide organization representing counties. This methodology shall be based on a review of actual and projected expenditures for mental health services for Medi-Cal beneficiaries, by county. 2. Of the amount appropriated in this item, $8,000,000 shall be transferred to the Mental Health Managed Care Deposit Fund (Fund 0865). 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, as it pertains to the transition of the Early and Periodic Screening, Diagnosis, and Treatment Program, the Mental Health Managed Care Program, and applicable functions related to Medicaid requirements 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 authority transferred.SEC. 275.Item 4440-105-3085 of Section 2.00 of the Budget Act of 2011 is amended to read: 4440-105-3085--For local assistance, Department of Mental Health, payable from the Mental Health Services Fund........... 578,981,000 Schedule: (1) 10.30-Community Services-- EPSDT.... 578,981,000 Provisions: 1. It is the intent of the Legislature that local expenditures for mental health services for Medi-Cal eligible individuals serve as the match to draw down maximum federal financial participation to continue the Short-Doyle/Medi- Cal program. 2. 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, as it pertains to the transition of the Early and Periodic Screening, Diagnosis, and Treatment Program, the Mental Health Managed Care Program, and applicable functions related to Medicaid requirements 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. 276.Item 4440-295-3085 of Section 2.00 of the Budget Act of 2011 is amended to read: 4440-295-3085--For local assistance, Department of Mental Health, to provide Handicapped and Disabled Students I and II, and Seriously Emotionally Disturbed Pupils: Out of State Mental Health Services (AB 3632) (Ch. 1747, Stats. 1984; Ch. 1128, Stats. 1994; Ch. 654, Stats. 1996) (CSM-4282; 02-TC- 40; 02-TC-49; 97-TC-05) to special education students, payable from the Mental Health 98,586,0 Services Fund................................. 00 Provisions: 1. (a) The funds counties receive pursuant to Chapter 5 of the Statutes of 2011 shall be used exclusively for the purpose of funding Individuals with Disabilities Education Act (IDEA)-related mental health services within a special education pupil's individual education plan during the 2011- 12 fiscal year. (b) Counties shall use the funds appropriated in this item, as allocated pursuant to the formula developed pursuant to Chapter 5 of the Statutes of 2011, for the purpose described in subdivision (a), or shall return the funding to the state for reallocation to other counties. 2. In order to access funds a county receives pursuant to Chapter 5 of the Statutes of 2011, a local education agency may develop a memorandum of understanding (MOU) or enter into a contract with its county mental health agency to address the interagency service responsibilities for the provision and transition of mental health services identified on a pupil's individual education plan during the 2011-12 fiscal year and, if a local education agency and county mental health agency develop an MOU or enter into a contract pursuant to this provision, the local education agency shall provide a copy of the MOU or contract to the State Department of Education.SEC. 277.Item 5160-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 5160-001-0001--For support of Department of Rehabilitation.......................... 55,083,000 Schedule: (1) 10-Vocational Rehabilitation Services............ 397,149,000 (2) 30-Independent Living Services..... 5,043,000 (3) 40.01- Administration...... 34,192,000 (4) 40.02-Distributed Administration...... -34,192,000 (6) Reimbursements...... -7,680,000 (7) Amount payable from the Vending Stand Fund (Item 5160-001- 0600)............... -3,361,000 (8) Amount payable from the Federal Trust Fund (Item 5160-001- 0890)............... -334,892,000 (10) Amount payable from the Traumatic Brain Injury Fund (Item 5160-001-0311)...... -1,176,000 Provisions: 1. Upon order of the Director of Finance, the Controller shall transfer such funds as are necessary between this item and Item 4300-101-0001 to provide for the transportation costs to and from work activity programs of clients who are receiving vocational rehabilitation services through the Vocational Rehabilitation/Work Activity Program (VR/WAP). 2. The Department of Rehabilitation shall maximize its use of certified time as a match for federal vocational rehabilitation funds. To the extent that certified time is available, it shall be used in lieu of the General Fund moneys.SEC. 278.Item 5160-001-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 5160-001-0890--For support of Department of Rehabilitation, for payment to Item 5160-001-0001, payable from the Federal Trust Fund................................. 334,892,000 Provisions: 1. The amount appropriated in this item that is payable from federal Social Security Act funds for vocational rehabilitation services for SSI/SSDI recipients shall be expended only to the extent that funds received exceed the amount appropriated in Item 5160-101-0890 that is payable from the federal Social Security Act funds. It is the intent of the Legislature that first priority of federal Social Security Act funding be given to independent living centers in the amount of federal Social Security Act funding appropriated in Item 5160-101-0890.SEC. 279.Item 5170-001-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 5170-001-0890--For support of the State Independent Living Council, payable from the Federal Trust Fund.................... 465,000SEC. 280.Item 5175-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 5175-001-0001--For support of Department of Child Support Services....................... 26,051,000 Schedule: (1) 10-Child Support Services.............. 80,363,000 (2) Reimbursements........ -123,000 (3) Amount payable from the Federal Trust Fund (Item 5175-001- 0890)................. -54,189,000SEC. 281.Item 5175-001-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 5175-001-0890--For support of Department of Child Support Services, for payment to Item 5175-001-0001, payable from the Federal Trust Fund........................ 54,189,000SEC. 282.Item 5175-002-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 5175-002-0001--For support of Department of Child Support Services...................... 24,765,000 Schedule: (1) 10-Child Support Services.............. 85,651,000 (2) Amount payable from the Federal Trust Fund (Item 5175-002- 0890)................. -60,886,000 Provisions: 1. Funds in this item shall be used for contracts and interagency agreements in the child support program, unless otherwise authorized by the Department of Finance no sooner than 30 days after providing notification in writing to the chairpersons of the fiscal committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee, or no sooner than such lesser time as the chairperson of the joint committee, or his or her designee, may in each instance determine. 2. Notwithstanding any other provision of law, the Department of Finance may augment this item to reimburse the Judicial Council for the increased costs associated with salary adjustments for child support commissioners and family law facilitators pursuant to Section 17712 of the Family Code, in the event such salary adjustments are provided to superior court judges, no sooner than 30 days after notification in writing of the necessity therefor 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 sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may in each instance determine.SEC. 283.Item 5175-002-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 5175-002-0890--For support of Department of Child Support Services, for payment to Item 5175-002-0001, payable from the Federal Trust Fund......................... 60,886,000 Provisions: 1. Provisions 1 and 2 of Item 5175-002-0001 also apply to this item.SEC. 284.Item 5175-101-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 5175-101-0001--For local assistance, Department of Child Support Services...... 270,762,000 Schedule: (1) 10-Child Support Services... 853,027 ,000 (a) 10.01-Child Support Administratio 749,204,0 n............ 00 (b) 10.03-Child Support 103,823,0 Automation... 00 (2) Amount payable from the Federal Trust Fund (Item -375,39 5175-101-0890).............. 2,000 (3) Amount payable from the Child Support Collections Recovery Fund (Item 5175- -206,87 101-8004)................... 3,000 Provisions: 1. No funds appropriated in this item shall be encumbered unless every rule or regulation adopted, and every child support services letter or similar instruction issued, by the Department of Child Support Services that adds to the costs of the child support 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 child support services letter that would increase the costs of the 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 child support services 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. Notwithstanding Section 28.00, the availability of funds contained in this item for child support program rules, regulations, or child support services 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 federal regulations 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 of the necessity therefor 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 as the chairperson of the joint committee, or his or her designee, may in each instance determine. Funds appropriated in this item are for the child support program consisting of state and federal statutory law, regulations, and court decisions, if funds necessary to carry out those decisions are specifically appropriated in this act. 2. Notwithstanding any other provision of law, a loan not to exceed $100,000,000 shall be made available from the General Fund, from funds not otherwise appropriated, to cover the federal share of costs of the 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 or to cover the federal share of child support collections for which the federal funds have been reduced prior to the collections being received from the counties. This loan from the General Fund shall be repaid when the federal share of costs for the program becomes available or when the collections are received from the counties. 3. The Department of Finance may authorize the establishment of positions and transfer of amounts from this item to Item 5175-001- 0001 in order to allow the state to perform the functions or oversee the functions of the local child support agency in the event a county fails to perform that function or is out of compliance with state performance standards. 4. The amounts appropriated in Schedule (1)(b) 10.03-Child Support Automation shall be available for expenditure or encumbrance until June 30, 2012. The Department of Finance shall provide notification to the Joint Legislative Budget Committee of the amount of the carryover within 10 working days from the date the amount of the carryover is determined.SEC. 285.Item 5175-101-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 5175-101-0890--For local assistance, Department of Child Support Services, for payment to Item 5175-101-0001, payable from the Federal Trust Fund................ 375,392,000 Provisions: 1. Provisions 1 and 4 of Item 5175-101-0001 also apply to this item. 2. The Department of Finance may authorize the establishment of positions and transfer of amounts from this item to Item 5175-001-0890 in order to allow the state to perform the functions or oversee the functions of the local child support agency in the event a county fails to perform that function or is out of compliance with state performance standards. 3. Notwithstanding Section 28.00 or any other provision of law, upon request of the Department of Child Support Services, the Department 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 5175-101- 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.SEC. 286.Item 5180-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 5180-001-0001--For support of Department of Social Services........................ 100,806,000 Schedule: (1) 16-Welfare Programs. 68,922,000 (2) 25-Social Services and Licensing....... 166,064,000 (3) 35-Disability Evaluation and Other Services...... 280,299,000 (4) 60.01- Administration...... 60,189,000 (5) 60.02-Distributed Administration...... -60,189,000 (6) Reimbursements...... -34,381,000 (7) Amount payable from Foster Family Home and Small Family Home Insurance Fund (Item 5180-001- 0131)............... -2,136,000 (8) Amount payable from the Federal Trust Fund (Item 5180-001- 0890)............... -377,962,000 Provisions: 1. The Department of Finance may authorize the transfer of funds from Schedule (2) of this item to Schedule (1), Program 25.30, of Item 5180-151-0001, Children and Adult Services and Licensing, in order to allow counties to perform the facilities evaluation function. 2. The Department of Finance may authorize the transfer of funds from Schedule (2) of this item to Schedule (1), Program 25.30, of Item 5180-151-0001, Children and Adult Services and Licensing, in order to allow counties to perform the adoptions program function. 3. Nonfederal funds appropriated in this item that have been budgeted to meet the state's Temporary Assistance for Needy Families maintenance-of-effort requirement established pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) may not be expended in any way that would cause their disqualification as a federally allowable maintenance-of-effort expenditure. 4. Notwithstanding paragraph (4) of subdivision (b) of Section 1778 of the Health and Safety Code, the State Department of Social Services may use no more than 20 percent of the fees collected pursuant to Chapter 10 (commencing with Section 1770) of Division 2 of the Health and Safety Code for overhead costs, facilities operation, and indirect department costs. 5. It is the intent of the Legislature to provide sufficient funding to ensure that electronic benefit transfer state administrative hearings are conducted to meet statutory timeframes. Notwithstanding the 30-day notice requirement set forth in subdivision (e) of Section 28.00, upon request by the State Department of Social Services, the Department of Finance may augment expenditure authority in this item to fund increased costs associated with the state administrative hearing process at the time the request is made. Concurrent with the Department of Finance approval, written notification shall be provided to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations. 6. Of the amount appropriated in this item, $270,000 shall be available to support increased rent costs related to the relocation of the Los Angeles State Programs Branch within the Disability Determination Services Division. These funds may only be expended to the extent these increased rent costs materialize. 7. The State Department of Social Services shall continue to convene periodic meetings throughout the year so that stakeholders may receive information and have the opportunity to provide input to the department regarding the quality assurance, program integrity, and program consistency efforts in the In- Home Supportive Services program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code). In addition, the department shall provide an update during 2012 budget hearings on the impact of quality assurance regulations. 8. Upon request of the State Department of Social Services and the State Department of Health Care Services, the Director of Finance may authorize the transfer of amounts from Item 4260-101-0001, State Department of Health Care Services, to this item to fund the cost of the administrative hearing process associated with changes in aid or service payments in the Medi-Cal program. The Department of Finance shall report to the Legislature the amount to be transferred pursuant to this provision. The transfer shall be authorized at the time the report is made.SEC. 287.Item 5180-001-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 5180-001-0890--For support of Department of Social Services, for payment to Item 5180-001-0001, payable from the Federal Trust Fund................................. 377,962,000 Provisions: 1. The Department of Finance may authorize the transfer of federal funds from this item to Item 5180-151-0890 in order to allow counties to perform the adoption program functions and the facilities evaluation function in the Community Care Licensing Division of the State Department of Social Services. 2. Provision 5 of Item 5180-001- 0001 also applies to this item.SEC. 288.Item 5180-101-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 5180-101-0001--For local assistance, Department of Social Services............ 2,775,069,000 Schedule: (1) 16.30-CalWORKs...... 5,299,715,00 0 (2) 16.65-Other 1,429,101,00 Assistance Payments. 0 (3) Reimbursements...... - 3,576,000 (4) Amount payable from the Emergency Food Assistance Program Fund (Item 5180-101- 0122)............... - 778,000 (7) Amount payable from the Federal Trust Fund (Item 5180-101- -3,939,203,0 0890)............... 00 (8) Amount payable from the Child Support Collections Recovery Fund (Item 5180-101-8004)...... - 10,190,000 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 changes in aid payments in 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 the following of a court decision, during the 2011- 12 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. Upon request of the Department of Finance, the Controller shall transfer funds between this item and Item 5180-153-0001 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. 9. 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. 289.Item 5180-101-0122 of Section 2.00 of the Budget Act of 2011 is amended to read: 5180-101-0122--For local assistance, Department of Social Services, for payment to Item 5180-101-0001, payable from the Emergency Food Assistance Program Fund.............................. 778,000SEC. 290.Item 5180-101-0890 of Section 2.00 of the Budget Act of 2011 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............... 3,939,203,000 Provisions: 1. Provisions 1, 4, 6, 7, and 8 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 changes in aid payments in 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.SEC. 291.Item 5180-101-8004 of Section 2.00 of the Budget Act of 2011 is amended to read: 5180-101-8004--For local assistance, Department of Social Services, for payment to Item 5180-101-0001, payable from the Child Support Collections Recovery Fund.... 10,190,000 Provisions: 1. Notwithstanding any other provision of law, upon request by the State Department of Social Services, the Department of Finance may increase or decrease this appropriation, for the purposes of Section 17702.5 of the Family Code. Adjustments to expenditure authority shall be consistent with those made pursuant to Provision 4 of Item 5180-101-0890. 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.SEC. 292.Item 5180-111-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 5180-111-0001--For local assistance, Department of Social Services............ 4,132,524,000 Schedule: (1) 16.70-SSI/SSP....... 2,752,185,00 0 (2) 25.15-IHSS.......... 5,196,875,00 0 (3) Reimbursements...... -3,816,536,0 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 $264,000,000 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 2011-12 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. 293.Item 5180-141-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 5180-141-0001--For local assistance, Department of Social Services............. 671,778,000 Schedule: (1) 16.75-County Administration and Automation Projects. 1,658,997,000 (2) Reimbursements...... -44,383,000 (4) Amount payable from the Federal Trust Fund (Item 5180-141- 0890)............... -942,836,000 Provisions: 1. Notwithstanding Chapter 1 (commencing with Section 18000) of Part 6 of Division 9 of the Welfare and Institutions Code, a loan not to exceed $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 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. Section 11.00 shall apply to contracts entered into for the development and implementation of the Consortium IV, Interim Statewide Automated Welfare System, Los Angeles Eligibility, Automated Determination, Evaluation, and Reporting, and Welfare Client Data Systems consortia of the Statewide Automated Welfare System. 7. Upon request of the Department of Finance, the Controller shall transfer funds between this item and Item 5180-153-0001 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. 294.Item 5180-141-0890 of Section 2.00 of the Budget Act of 2011 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......................... 942,836,000 Provisions: 1. Provisions 2, 3, 4, 6, and 7 of Item 5180-141-0001 also apply to this item.SEC. 295.Item 5180-151-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 5180-151-0001--For local assistance, Department of Social Services............... 668,802,000 Schedule: (1) 25.30-Children and Adult Services and Licensing............ 2,043,712,000 (2) 25.35-Special Programs............. 29,812,000 (3) Reimbursements....... -201,872,000 (4) Amount payable from the Child Health and Safety Fund (Item 5180-151-0279)....... -917,000 (8) Amount payable from the State Children's Trust Fund (Item 5180-151- 0803)................ -3,600,000 (9) Amount payable from the Federal Trust Fund (Item 5180-151- -1,194,333,00 0890)................ 0 (10) Amount payable from the Child Welfare Services Program Improvement Fund (Item 5180-151-8023). -4,000,000 Provisions: 1. Provision 1 of Item 5180-101-0001 also applies to this item. 2. Notwithstanding Chapter 1 (commencing with Section 18000) of Part 6 of Division 9 of the Welfare and Institutions Code, a loan not to exceed $50,000,000 shall be made available from the General Fund, from funds not otherwise appropriated, to cover the federal share 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. That loan from the General Fund shall be repaid when the federal share of costs for the program becomes available. 3. The Department of Finance may authorize the establishment of positions and transfer of amounts from this item to Item 5180-001- 0001, in order to allow the state to perform the facilities evaluation function of Community Care Licensing in the event the counties fail to perform that function. 4. Nonfederal funds appropriated in this item which have been budgeted to meet the state's Temporary Assistance for Needy Families maintenance-of-effort requirement established pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) may not be expended in any way that would cause their disqualification as a federally allowable maintenance-of-effort expenditure. 5. The Department of Finance may authorize the establishment of positions and transfer of amounts from this item to Item 5180-001- 0001 in order to allow the state to perform the adoptions function in the event that a county notifies the State Department of Social Services that it intends to cease performing that function. 6. (a) Of the amount appropriated in this item, $55,646,000 shall be provided to counties to fund additional child welfare services activities and shall be allocated based on child welfare services caseload and county unit costs. However, no county shall receive less than $100,000. These funds shall be expressly targeted for emergency response, family reunification, family maintenance, and permanent placement services and shall be used to supplement, and shall not be used to supplant, child welfare services funds. A county is not required to provide a match of the funds received pursuant to this provision if the county appropriates the required full match for the county's child welfare services program exclusive of the funds received pursuant to this provision. These funds are available only to counties that have certified that they are fully utilizing the Child Welfare Services/Case Management System (CWS/CMS) or have entered into an agreed- upon plan with the State Department of Social Services outlining the steps that will be taken to achieve full utilization. The department shall reallocate any funds that counties choose not to accept under this provision, to other counties based on the allocation formula specified in this provision. (b) The department, in collaboration with the County Welfare Directors Association and representatives from labor groups representing social workers, shall develop the definition of full utilization of the CWS/CMS, the method for measuring full utilization, the process for the state and counties to work together to move counties toward full utilization, and measurements of progress toward full utilization. 7. The State Department of Social Services shall consult with the counties, children's advocates, and current and former foster youth in the development and implementation of permanency and youth services initiatives. 8. Upon request by the Department of Finance, the Controller shall transfer funds between this item and Item 5180-153-0001 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. 296.Item 5180-151-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 5180-151-0890--For local assistance, Department of Social Services, for payment to Item 5180-151-0001, payable from the Federal Trust Fund............... 1,194,333,000 Provisions: 1. Provisions 1, 3, 5, 6, and 8 of Item 5180-151-0001 also apply to this item.SEC. 297.Item 5180-153-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 5180-153-0001--For local assistance, Department of Social Services............. 357,848,000 Schedule: (1) 26-Title IV-E Waiver.............. 900,782,000 (4) Amount payable from the Federal Trust Fund (Item 5180-153- 0890)............... -542,934,000 Provisions: 1. Upon request by the Department of Finance, the Controller shall transfer funds between this item and Items 5180-101-0001, 5180- 141-0001, and 5180-151-0001 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. In addition, funds appropriated in this item may also be transferred to Item 5180-151- 0001 for the Child Welfare Services Outcome Improvement Project. The Department of Finance shall report to the Legislature the amount to be transferred pursuant to this provision. The transfer is authorized at the time the report is made.SEC. 298.Item 5180-153-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 5180-153-0890--For local assistance, Department of Social Services, for payment to Item 5180-153-0001, payable from the Federal Trust Fund......................... 542,934,000 Provisions: 1. Upon request by the Department of Finance, the Controller shall transfer funds between this item and Items 5180-101- 0890, 5180-141-0890, and 5180- 151-0890 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. In addition, funds appropriated in this item may also be transferred to Item 5180-151- 0890 for the Child Welfare Services Outcome Improvement Project. 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. 299.Item 5180-495 is added to Section 2.00 of the Budget Act of 2011, to read: 5180-495--Reversion, Department of Social Services. As of June 30, 2011, the balances specified below of the appropriations provided in the following citations shall revert to the balances in the funds from which the appropriations were made: 0001--General Fund (1) Item 5180-141-0001, Budget Act of 2010 (Ch. 712, Stats. 2010). Up to $14,062,000 of the amount appropriated in Program 16.75-County Administration and Automation Projects.SEC. 300.Item 5225-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 5225-001-0001--For support of Department of Corrections and Rehabilitation......... 6,454,231,000 Schedule: (1) 10-Corrections and Rehabilitation Administration...... 387,994,000 (2) 15-Corrections Standards Authority. 9,998,000 (3) 20-Juvenile Operations and Juvenile Offender Programs............ 156,306,000 (4) 21-Juvenile Academic and Vocational Education........... 12,316,000 (5) 22-Juvenile Parole Operations.......... 20,113,000 (6) 23-Juvenile Health Care................ 58,090,000 (7) 25-Adult Corrections and Rehabilitation Operations-- 2,843,931,00 General Security.... 0 (8) 26-Adult Corrections and Rehabilitation Operations-- Security Overtime... 105,391,000 (9) 27-Adult Corrections and Rehabilitation Operations-- Inmate 1,386,036,00 Support............. 0 (10) 28-Adult Corrections and Rehabilitation Operations-- Contracted Facilities.......... 37,592,000 (11) 29-Adult Corrections and Rehabilitation Operations-- Institution Administration...... 388,021,000 (12) 30-Parole Operations-- Adult Supervision......... 478,256,000 (13) 31-Parole Operations-- Adult Community Based Programs............ 185,904,000 (14) 32-Parole Operations-- Adult Administration...... 110,570,000 (15) 35-Board of Parole Hearings-- Adult Hearings............ 66,983,000 (16) 36-Board of Parole Hearings-- Administration...... 7,300,000 (17) 45-Adult Education, Vocation and Offender Programs-- Adult Education..... 141,102,000 (18) 46-Adult Education, Vocation and Offender Programs-- Adult Substance Abuse Programs...... 169,740,000 (19) 47-Adult Education, Vocation and Offender Programs-- Adult Inmate Activities.......... 65,857,000 (20) 48-Adult Education, Vocation and Offender Programs-- Adult Administration...... 25,110,000 (21) Reimbursements...... -127,933,000 (22) Amount payable from the Corrections Training Fund (Item 5225-001-0170)...... -2,697,000 (23) Amount payable from the Federal Trust Fund (Item 5225-001- 0890)............... -6,895,000 (24) Amount payable from the Inmate Welfare Fund of the Department of Corrections (Item 5225-001-0917)...... -64,854,000 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. 4. Not later than 75 days following enactment of this act, and subsequently on March 1, and two weeks after the release of the May Revision, the Secretary of the Department of Corrections and Rehabilitation shall submit a report to the Director of Finance and the chairpersons and vice chairpersons of the committees in both houses of the Legislature that consider the State Budget detailing how each adult institution's expenditures are tracking compared to its approved allotments. If any adult institution's expenditures are trending above the allotments provided to it, the Secretary of the Department of Corrections and Rehabilitation shall detail the reasons why the institution is spending at a level above its allotments and list the actions the department is undertaking in order to align expenditures with approved allotments. 5. Not later than February 17, 2012, the Secretary of the Department of Corrections and Rehabilitation 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 the Department of Finance, and to the Legislative Analyst's Office an operating budget for each of the correctional facilities under the control of the department. Specifically, the report shall include: (a) yearend expenditures by program for each institution in the 2010- 11 fiscal year, (b) allotments and projected expenditures by program for each institution in the 2011-12 fiscal year, (c) the number of authorized and vacant positions, estimated overtime budget, estimated benefits budget, and operating expense and equipment budget for each institution, and (d) a list of all capital outlay projects occurring or projected to occur during the 2011-12 fiscal year. 6. Funds appropriated to accommodate projected adult institutional and parolee population levels in excess of those that actually materialize, if any, shall revert to the General Fund. 7. The funds appropriated in Schedules (13), (17), and (18) shall be used only to support the provision of inmate and parolee rehabilitation and recidivism reduction programs. Any funds appropriated in those schedules that are unspent at the end of the 2011-12 fiscal year shall revert to the General Fund. 8. Upon order of the Director of Finance, the authority provided in this item may be transferred to Item 5225-005-0001 in order to fund unanticipated legal work performed by the Attorney General. 9. Notwithstanding any other provision of law, in implementing reductions during the 2011-12 fiscal year, other than the $101,000,000 one-time reduction to inmate rehabilitative programs included in this act, the Department of Corrections and Rehabilitation shall not make any reductions to rehabilitation program staff, including academic, vocational education, and substance abuse personnel working in adult institutions. 10. The Department of Corrections and Rehabilitation shall require basic data collection and performance metrics to be a part of renewed rehabilitation contracts. The department shall review the effectiveness of these contract programs to determine the most effective models for achieving parolee success.SEC. 301.Item 5225-001-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 5225-001-0890--For support of Department of Corrections and Rehabilitation, for payment to Item 5225-001-0001, payable from the Federal Trust Fund............... 6,895,000SEC. 302.Item 5225-002-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 5225-002-0001--For support of Department of Corrections and Rehabilitation........ 2,359,379,000 Schedule: (1) 10-Corrections and Rehabilitation Administration...... 8,378,000 (2) 25-Adult Corrections and Rehabilitation Operations-- General Security.... 282,266,000 (3) 50.10-Medical 1,343,513,00 Services-- Adult.... 0 (4) 50.20-Dental Services-- Adult.... 166,136,000 (5) 50.30-Mental Health Services-- Adult.... 385,157,000 (6) 50.40-Ancillary Health Care Services-- Adult.... 127,199,000 (7) 50.50-Dental and Mental Health Services Administration-- Adult............... 49,001,000 (8) Reimbursements...... -2,271,000 Provisions: 1. On February 14, 2006, the United States District Court in the case of Plata v. Schwarzenegger (No. C01-1351 THE) 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. Schwarzenegger. 4. The amounts appropriated in Schedules (3) and (6) are available for expenditure by the Receiver appointed by the Plata v. Schwarzenegger court to carry out its mission to deliver constitutionally adequate medical care to inmates. 5. The amounts appropriated in Schedules (2), (4), (5), and (7) are available for expenditure by the Department of Corrections and Rehabilitation to provide mental health, dental, and access to care services only. Health Care Access Units will be maintained by the Receiver until compliance assessments demonstrate to the Receiver that institutions have the ability to provide appropriate access to care on an ongoing basis. 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 (3).SEC. 303.Item 5225-006-0001 is added to Section 2.00 of the Budget Act of 2011, to read: 5225-006-0001--For support of Department of 280,639, Corrections and Rehabilitation ............... 000 Provisions: 1. (a The Director of Finance shall ) reduce this item by $43,404,000 to reflect the portion of realignment savings to be achieved through either the reduction in, or elimination of, the planned increase in the use of contracts with private entities for out-of-state housing of state inmates. (b The funds appropriated in ) this item shall be used to pay for not more than the following number of beds for state inmates at the following facilities: (1) 1,536 beds at the Red Rock Correctional Center located in Eloy, Arizona. (2) 3,060 beds at the La Palma Correctional Center located in Eloy, Arizona. (3) 2,592 beds at the Tallahatchie County Correctional Facility located in Tutwiler, Mississippi. (4) 2,400 beds at the North Fork Correctional Center located in Sayre, Oklahoma. (5) 270 beds at the North Lake Correctional Facility located in Baldwin, Michigan. (c No other item of ) appropriation may be used to pay for the costs of the contracts with the entities listed in subdivision (b) for out-of-state housing of state inmates.SEC. 304.Item 5225-007-0001 is added to Section 2.00 of the Budget Act of 2011, to read: 5225-007-0001--For support of Department of 95,254,00 Corrections and Rehabilitation............... 0 Provisions: 1. The Director of Finance shall reduce this item by $77,406,000 to reflect the portion of realignment savings to be achieved through the reduction or elimination of contracts with private entities for in- state housing of state inmates. No other item of appropriation may be used to pay for the costs of those contracts.SEC. 305.Item 5225-011-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 5225-011-0001--For support of Department of Corrections and Rehabilitation (Proposition 98)........................................... 25,890,000 Schedule: (1) 21-Juvenile Academic and Vocational Education.............. 25,890,000SEC. 306.Item 5225-101-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 5225-101-0001--For local assistance, Department of Corrections and Rehabilitation............................. 113,784,000 Schedule: (1) 15-Corrections Standards Authority... 835,000 (2) 20-Juvenile Operations and Juvenile Offender Programs.............. 78,000 (3) 22-Juvenile Parole Operations............ 1,403,000 (4) 29.05.010-Adult Corrections and Rehabilitation Operations-- Transportation of Prisoners............. 278,000 (5) 29.05.020-Adult Corrections and Rehabilitation Operations-- Return of Fugitives from Justice............... 2,593,000 (6) 29.15-Adult Corrections and Rehabilitation Operations-- County Charges............... 19,651,000 (7) 31-Parole Operations- - Adult Community Based Programs........ 88,946,000 Provisions: 1. The amounts appropriated in Schedules (4), (5), (6), and (7) are provided for the following purposes: (a) To pay the transportation costs of prisoners to and between state prisons, including the return of parole violators to prison and for the conveying of persons under provisions of Division 3 (commencing with Section 3000) of the Welfare and Institutions Code and the Western Interstate Corrections Compact (Section 11190 of the Penal Code), in accordance with Section 26749 of the Government Code. Claims filed by local jurisdictions shall be filed within six months after the end of the month in which those transportation costs are incurred. Expenditures shall be charged to either the fiscal year in which the claim is received by the Controller or the fiscal year in which the warrant is issued by the Controller. Claims filed by local jurisdictions directly with the Controller may be paid by the Controller. (b) To pay the expenses of returning fugitives from justice from outside the state, in accordance with Sections 1389, 1549, and 1557 of the Penal Code. Claims filed by local jurisdictions shall be filed within six months after the end of the month in which expenses are incurred. Expenditures shall be charged to either the fiscal year in which the claim is received by the Controller or the fiscal year in which the warrant is issued by the Controller, and any restitution received by the state for those expenses shall be credited to the appropriation of the year in which the Controller's receipt is issued. Claims filed by local jurisdictions directly with the Controller may be paid by the Controller. (c) To pay county charges, payable under Sections 4700.1, 4750 to 4755, inclusive, and 6005 of the Penal Code. Claims shall be filed by local jurisdictions within six months after the end of the month in which a service is performed by the coroner, a hearing is held on the return of a writ of habeas corpus, the district attorney declines to prosecute a case referred by the Department of Corrections and Rehabilitation, a judgment is rendered for a court hearing or trial, an appeal ruling is rendered for the trial judgment, or an activity is performed as permitted by these sections. Expenditures shall be charged to either the fiscal year in which the claim is received by the Controller or the fiscal year in which the warrant is issued by the Controller. Claims filed by local jurisdictions directly with the Controller may be paid by the Controller. (d) To reimburse counties pursuant to Section 4016.5 of the Penal Code for the cost of detaining state parolees who were held in count jail prior to July 1, 2011. Claims shall be filed by local jurisdictions within six months after the end of the month in which the costs are incurred. Claims filed by local jurisdictions may not include booking fees, may not recover detention costs in excess of $77.17 per day, and shall be limited to the detention costs for those days on which parolees are held subject only to a Department of Corrections and Rehabilitation request pursuant to subdivision (b) of Section 4016.5 of the Penal Code. Expenditures shall be charged to either the fiscal year in which the claim is received by the Department of Corrections and Rehabilitation or the fiscal year in which the warrant is issued. The Department of Corrections and Rehabilitation shall neither accept nor pay any claims related to the detention of parolees in county jail once Chapter 15 of the Statutes of 2011 (AB 109) becomes operative. 2. The amounts appropriated in Schedules (2) and (3) are provided for the following purposes: (a) To pay the transportation costs of persons committed to the Department of Corrections and Rehabilitation to or between its facilities, including the return of parole violators, provided that expenditures made under this item shall be charged to either the fiscal year in which the claim is received by the Controller or the fiscal year in which the warrant is issued by the Controller. However, claims shall be filed by local jurisdictions within six months after the end of the month in which the costs are incurred. (b) To reimburse counties, pursuant to Section 1776 of the Welfare and Institutions Code, for the cost of the detention of the Department of Corrections and Rehabilitation parolees who are detained on alleged parole violations, provided that expenditures made under this item shall be charged to either the fiscal year in which the claim is received by the Controller or the fiscal year in which the warrant is issued by the Controller. However, claims shall be filed by local jurisdictions within six months after the end of the month in which the costs are incurred.SEC. 307.Item 5225-301-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 5225-301-0001--For capital outlay, Department of Corrections and Rehabilitation, payable from the General Fund......................................... 1,509,000 Schedule: (1) 61.01.001-Statewide: Budget Packages and Advance Planning-- Study... 750,000 (2) 61.14.030-Minor Projects... 759,000 Provisions: 1. The funds appropriated in Schedule (1) are to be allocated by the Department of Corrections and Rehabilitation, upon approval by the Department of Finance, to develop design and cost information for new projects for which funds have not been previously appropriated, but for which preliminary plan funds, working drawings funds, or working drawings and construction funds are expected to be included in the Budget Act of 2012 or 2013, and for which cost estimates or preliminary plans can be developed prior to legislative hearings on the Budget Act of 2012 or 2013, respectively. Upon approval by the Department of Finance, these funds may also be used to develop scope and cost information for projects authorized by Section 15819.40 of the Government Code. These funds may be used for all of the following: budget package development, environmental services, architectural programming, engineering assessments, schematic design, and preliminary plans. The amount appropriated in this item for these purposes is not to be construed as a commitment by the Legislature as to the amount of capital outlay funds it will appropriate in any future year. Before using these funds for preliminary plans, the Department of Corrections and Rehabilitation shall provide a 20-day notification to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committee of each house of the Legislature, and the legislative members of the State Public Works Board, discussing the scope, cost, and future implications of the use of funds for preliminary plans. 2. As used in this appropriation, studies shall include site studies and suitability reports, environmental studies, master planning, architectural programming, and schematics. 3. The Department of Corrections and Rehabilitation shall report to, 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 by May 1, 2012, on the reconciliation of the funds appropriated in Schedule (2).SEC. 308.Item 5225-401 is added to Section 2.00 of the Budget Act of 2011, to read: 5225-401--Of the amount loaned pursuant to Section 15849.1 of the Government Code for the working drawings and construction of the San Quentin State Prison, Condemned Inmate Complex project, as authorized by the Legislature in the Budget Act of 2003 (Ch. 157, Stats. 2003) and the Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), $1,300,000, plus any accrued interest, will not be required to be repaid.SEC. 309.Item 5225-491 of Section 2.00 of the Budget Act of 2011 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: 0001--General Fund (1) Item 5225-301-0001, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007) (10) 61.10.101-California Men's Colony, San Luis Obispo: Central Kitchen Replacement- -Working drawings (2) Item 5225-301-0001, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (5) 61.05.038-Correctional Training Facility, Soledad: Solid Cell Fronts-- Working drawings 0660-- Public Buildings Construction Fund (1) Item 5225-301-0660, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (.5) 61.10.101-California Men's Colony, San Luis Obispo: Central Kitchen Replacement-- Working drawings and constructionSEC. 310.Item 6110-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-001-0001--For support of Department of Education.................................... 34,779,000 Schedule: (2) 20-Instructional Support............... 138,943,000 (3) 30-Special Programs... 54,675,000 (4) 40-Executive Management and Special Services...... 9,444,000 (6) 42.01-Department Management and Special Services...... 33,988,000 (7) 42.02-Distributed Department Management and Special Services.. -33,988,000 (8) Reimbursements........ - 16,469,000 (9) Amount payable from Federal Trust Fund - (Item 6110-001-0890).. 151,689,000 (10) Amount payable from Mental Health Services Fund (Item 6110-001-3085)........ -125,000 Provisions: 1. Notwithstanding Section 33190 of the Education Code or any other provision of law, the State Department of Education shall expend no funds to prepare (a) a statewide summary of pupil performance on school district proficiency assessments or (b) a compilation of information on private schools with five or fewer pupils. 2. Funds appropriated in this item may be expended or encumbered to make one or more payments under a personal services contract of a visiting educator pursuant to Section 19050.8 of the Government Code, a long-term special consultant services contract, or an employment contract between an entity that is not a state agency and a person who is under the direct or daily supervision of a state agency, only if all of the following conditions are met: (a) The person providing service under the contract provides full financial disclosure to the Fair Political Practices Commission in accordance with the rules and regulations of the Commission. (b) The service provided under the contract does not result in the displacement of any represented civil service employee. (c) The rate of compensation for salary and health benefits for the person providing service under the contract does not exceed by more than 10 percent the current rate of compensation for salary and health benefits determined by the Department of Personnel Administration for civil service personnel in a comparable position. The payment of any other compensation or any reimbursement for travel or per diem expenses shall be in accordance with the State Administrative Manual and the rules and regulations of the California Victim Compensation and Government Claims Board. 3. The funds appropriated in this item may not be expended for any REACH program. 4. The funds appropriated in this item may not be expended for the development or dissemination of program advisories, including, but not limited to, program advisories on the subject areas of reading, writing, and mathematics, unless explicitly authorized by the State Board of Education. 5. Of the funds appropriated in this item, $206,000 shall be available as matching funds for the Department of Rehabilitation to provide coordinated services to disabled pupils. Expenditure of the funds shall be identified in the memorandum of understanding or other written agreement with the Department of Rehabilitation to ensure an appropriate match to federal vocational rehabilitation funds. 6. Of the funds appropriated in this item, no less than $1,973,000 is available for support of child care services, including state preschool. 7. By October 31 of each year, the State Department of Education (SDE) shall provide to the Department of Finance a file of all charter school average daily attendance (ADA) and state and local revenue associated with charter school general purpose entitlements as part of the P2 Revenue Limit File. By March 1 of each year, the SDE shall provide to the Department of Finance a file of all charter school ADA and state and local revenue associated with charter school general purpose entitlements as part of the P1 Revenue Limit File. It is the expectation that such reports will be provided annually. 8. On or before April 15 of each year, the State Department of Education (SDE) shall provide to the Department of Finance an electronic file that includes complete district- and county- level state appropriations limit information reported to the SDE. The SDE shall make every effort to ensure that all districts have submitted the necessary information requested on the relevant reporting forms. 9. The State Department of Education shall make information available to the Department of Finance, the Legislative Analyst's Office, and the budget committees of each house of the Legislature by October 31, March 31, and May 31 of each year regarding the amount of Proposition 98 savings estimated to be available for reversion by June 30 of that year. 10. Of the reimbursement funds appropriated in this item, $2,000,000 shall be available to the State Department of Education for nutrition education and physical activity promotion pursuant to an interagency agreement with the State Department of Public Health. 11. The report required by Section 60800 of the Education Code for the physical performance test is not required to be printed and mailed, but shall be compiled and reported electronically. 12. Reimbursement expenditures pursuant to this item resulting from the imposition by the State Department of Education (SDE) of a commercial copyright fee may not be expended sooner than 30 days after the SDE submits to the Department of Finance a legal opinion affirming the authority to impose such fees and the arguments supporting that position against any objections or legal challenges to the fee filed with the SDE. Any funds received pursuant to imposition of a commercial copyright fee may only be expended as necessary for outside counsel contingent on a certification of the Superintendent of Public Instruction that sufficient expertise is not available within departmental legal staff. The SDE shall not expend greater than $300,000 for such purposes without first notifying the Department of Finance of the necessity therefor, and upon receiving approval in writing. 13. Of the funds appropriated in this item, $181,000 and 2.0 positions are provided for the California Career Resource Network Program. 14. Of the amount appropriated in this item, $139,000 from reimbursement funds may be expended for administering the Education Technology K-12 Voucher Program pursuant to the Microsoft settlement. 15. Of the funds appropriated in this item, up to $1,011,000 is for dispute resolution services, including mediation and fair hearing services, provided through contract for special education programs. 16. Of the reimbursement funds appropriated in this item, $422,000 shall be available to the State Department of Education (SDE) to contract for assistance in developing an approved listing of food and beverage items that comply with the nutrition standards of Chapters 235 and 237 of the Statutes of 2005. In order to fund the development and maintenance of the approved product listing, the SDE shall collect a fee, as it deems appropriate, from vendors seeking to have their products reviewed for potential placement on the approved product listing. Reimbursements collected in the 2010-11 fiscal year may be used to offset costs incurred in the 2008- 09 and 2009-10 fiscal years. 17. Of the funds appropriated in Schedule (2), up to $541,000 is for transfer by the Controller to the State Instructional Materials Fund for allocation during the 2011-12 fiscal year pursuant to Article 3 (commencing with Section 60240) of Chapter 2 of Part 33 of Division 4 of Title 2 of the Education Code. These funds shall be transferred in amounts claimed by the State Department of Education (SDE), for direct disbursement by the SDE from the Instructional Materials Fund. 18. Of the reimbursement funds appropriated in Schedule (8), $138,000 is for purposes of overseeing State Board of Education-approved charter schools. 19. Of the reimbursement funds appropriated in this item, $474,000 is provided to the State Department of Education for the oversight of State Board of Education-authorized charter schools. The Department of Finance may administratively establish up to 2.0 positions for this purpose as workload materializes.SEC. 311.Item 6110-001-0890 of Section 2.00 of the Budget Act of 2011 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... 151,689,000 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 2007-08 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 Mental Health, 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, up to $364,000 shall be used to provide in-service training for special and regular educators and related persons, including, but not limited to, parents, administrators, and organizations serving severely disabled children. These funds are also to provide up to 4.0 positions for this purpose. 5. 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. 6. (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. 7. Of the funds appropriated in this item, $900,000 shall be used for administration of the federal Enhancing Education Through Technology Grant Program. Of this amount: (a) $150,000 is available only for contracted technical support and evaluation services. 8. 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 Chapters 47 and 48 of the Statutes of 2006 and Section 56504.5 of the Education Code and reflect year-to-date data and final yearend data. 9. Of the amount provided in this item, $881,000 is provided for the purpose of monitoring local educational agency compliance with state and federal laws and regulations governing special education. 10. 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, 2010. 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. 11. Of the amount appropriated in this item, $832,000 ($600,000 reimbursements and $232,000 federal special education funds) shall be used to fund 6.0 positions and implement the provisions of Chapter 914 of the Statutes of 2004 for increased monitoring of nonpublic, nonsectarian schools. 12. 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 mental health services required by an individualized education plan pursuant to Chapter 493 of the Statutes of 2004. 13. Of the funds appropriated in this item, $710,000 is available to provide ongoing support for the Child Nutrition Information and Payment System. 14. Of the funds appropriated in this item, $2,506,000 shall be used for the administration of the 21st Century Community Learning Centers Program. 15. Of the funds appropriated in this item, $180,000 in federal Carl D. Perkins Vocational and Technical Education Act of 2006 (P.L. 109-270) funding shall only be available to support the California Career Resource Network program. 16. 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. 17. 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. 18. 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. 19. 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. 20. Of the funds appropriated in this item, $125,000 is available on an ongoing basis to support updates, as necessary, for existing parental notification and information templates. It is the intent of the Legislature that $125,000 in ongoing funds be provided for the 2010-11 and 2011-12 fiscal years. 21. 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, 2011, 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 2010-11 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 2010-11 report shall include finalized data for the 2009-10 fiscal year and initial data for the 2010-11 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. 22. 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, 2012, to support research on school accountability growth models as specified by Chapter 273 of the Statutes of 2009. 23. Of the funds appropriated in this item, $674,000 is available for Child Nutrition Program compliance and monitoring activities. 24. Of the funds appropriated in this item, $150,000 is available for the California Teleaudiology Project. 25. Of the funds appropriated in this item, $2,000,000 is provided to support the Safe and Supportive Schools Grant. 26. 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. 27. 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. 28. Of the funds appropriated in this item, $250,000 is available in one-time carryover funds to support additional translations of parental notification and information templates. 30. 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: $2,457,000 for systems maintenance provided by the Office of Technology Services (OTECH); $1,491,000 for vendor costs associated with systems integration and improvement activities; $790,000 for SDE staff, including a technical lead, to work on the system; $251,000 for system software costs; $134,000 for an independent project oversight consultant and independent validation and verification costs; $45,000 for system hardware costs; $8,000 for Department of General Services charges; and $486,000 for various other costs, including indirect charges, OTECH 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; and system audits assessing data quality, validity, and reliability are operational for all data elements in the system. These activities shall be completed by June 30, 2012, with the ability of SDE thereafter 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. 31. Of the funds appropriated in this item, $200,000 federal Title I and $400,000 federal Title VI funds are available on a one-time basis to conduct a validation study of the California Modified Assessment. 32. Of the funds appropriated in this item, $530,000 is provided in one-time federal carryover funds for the Public Charter School Grant program. 33. Of the funds appropriated in this item, $201,000 is provided in one-time federal carryover funds for existing contracts with county offices of education for special education instructional training and technical assistance in county court schools. 34. 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 Healthy, Hunger-Free Kids Act of 2010 (P.L. 11-296). 35. Of the funds appropriated in this item, $500,000 is provided for increased costs associated with new federal requirements to increase the frequency of compliance reviews for child nutrition programs. Expenditure of these funds is subject to Department of Finance approval of an expenditure plan. The expenditure plan shall be based upon final rules established by the United States Department of Agriculture regarding, but not limited to: (a) the effective date of the requirement to review each National School Lunch Program and School Breakfast Program once every three years and (b) how compliance reviews are conducted, especially new or amended regulations leading to efficiencies in the review process. To the extent that additional staff resources are needed, positions shall be redirected from existing vacancies within the State Department of Education. 36. Of the funds appropriated in this item, $100,000 is provided in one-time carryover funds to support school violence and substance abuse prevention programs. 37. Of the funds appropriated in this item, $2,000,000 is provided in one-time carryover funds to support one-time projects to improve the efficiency and quality of child nutrition program administration. 38. Of the funds appropriated in this item, $500,000 is provided in one-time Title I carryover funds for the Striving Readers Comprehensive Literacy program. 39 . Of the funds appropriated in this item, up to $2,000,000 in federal Individuals with Disabilities Education Act (IDEA) carryover funds shall be made available on a one-time basis for mental health service dispute resolution services provided by the Office of Administrative Hearings. The State Department of Education shall submit documentation to the Department of Finance justifying the increased mental health services caseload and obtain written approval from the Department of Finance prior to spending these funds. The Department of Finance shall act within 30 days of receiving written documentation from the State Department of Education as described in this provision. 40. Of the funds appropriated in this item, $800,000 in federal Individuals with Disabilities Education Act (IDEA) carryover 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 necessary mental health related services transitions from county mental health agencies to special education local plan areas. The State Department of Education shall use these funds to assist special education local plan areas in (a) minimizing disruption and maintaining quality of services for pupils through the transition period and in future years, (b) developing internal capacity for overseeing, contracting for, and providing quality mental health related services, (c) identifying best practices and effective models for service delivery, (d) identifying options for controlling costs and accessing Medi-Cal and other local, state, and federal funds, and (e) strengthening linkages between mental health and education services. The State Department of Education shall also identify options for improving accountability for effective services and positive pupil outcomes, including a system for tracking and reporting outcomes. As part of this effort, the State Department of Education shall (a) establish working groups to generate recommendations regarding best practices, accountability systems, and other matters, and (b) hold public meetings with stakeholders to solicit input and share results. In undertaking the duties described in this provision, the State Department of Education shall consult with the State Department of Mental Health, representatives of county mental health agencies, representatives of local educational agencies and special education local plan areas, and other interested parties. 41. The State Department of Education shall contract with the management partner designated in the California application for the Enhanced Assessment Instruments Grant for the development of English language proficiency assessments, if federal funds are received for this purpose and expenditure authority is approved by the Department of Finance and the Joint Legislative Budget Committee pursuant to Section 28.00.SEC. 312.Item 6110-001-3170 is added to Section 2.00 of the Budget Act of 2011, to read: 6110-001-3170--For support of Department of Education, payable from the Heritage Enrichment Resource Fund....................... 40,000 Provisions: 1. The funds appropriated in this item shall be available to the State Department of Education to process payments for the registration of heritage schools and to provide necessary technical assistance, pursuant to Chapter 286 of the Statutes of 2010. Of the amount appropriated in this item, $16,200 may be used to mitigate costs incurred in the 2010-11 fiscal year to develop and administer the registration process. 2. The State Department of Education shall ensure that the registration fee for the 2011-12 fiscal year does not exceed the costs of registering heritage schools pursuant to Section 33195.5 of the Education Code.SEC. 313.Item 6110-101-0231 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-101-0231--For local assistance, Department of Education, Program 20.10.045-Instructional Support, Curriculum Services-- Health and Physical Education, Drug Free Schools, for county offices of education, payable from the Health Education Account, Cigarette and Tobacco Products Surtax Fund, pursuant to Article 1 (commencing with Section 104350) of Chapter 1 of Part 3 of the Health and Safety Code.................... 3,174,000SEC. 314.Item 6110-102-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-102-0890--For local assistance, Department of Education, Program 20.60.038- Instructional Support, Learn and Serve America Program, payable from the Federal Trust Fund... 200,000 Provisions: 1. Of the funds appropriated in this item, $200,000 is provided in one-time carryover funds to support the existing program.SEC. 315.Item 6110-103-0890 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 316.Item 6110-112-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-112-0890--For local assistance, Department of Education, Program 20.60.036-Public Charter Schools, payable from the Federal Trust Fund............... 57,799,000SEC. 317.Item 6110-113-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-113-0001--For local assistance, Department of Education (Proposition 98), for purposes of California's pupil testing program....................................... 90,431,000 Schedule: (1) 20.70.030.005- Assessment Review and Reporting.............. 1,862,000 (2) 20.70.030.006-STAR Program................ 51,279,000 (3) 20.70.030.007-English Language Development Assessment............. 364,000 (4) 20.70.030.008-High School Exit Examination............ 8,793,000 (5) 20.70.030.209- Assessment Apportionments......... 28,133,000 (6) 20.70.030.015- California High School Proficiency Examination............ 1,244,000 (7) Reimbursements......... -1,244,000 Provisions: 1. The funds appropriated in this item shall be for the pupil testing programs authorized by Chapter 3 (commencing with Section 48410) of Part 27 of Division 4 of Title 2 of the Education Code and Chapter 5 (commencing with Section 60600), Chapter 6 (commencing with Section 60800), Chapter 7 (commencing with Section 60810), and Chapter 9 (commencing with Section 60850) of Part 33 of Division 4 of Title 2 of the Education Code. 2. The funds appropriated in Schedule (2) are provided for approved contract costs for the development and administration of the California Standards Tests, the Standards-Based Tests in Spanish, the California Alternate Performance Assessment (CAPA), the Designated Primary Language Test, and the California Modified Assessment, as part of the STAR Program. District apportionments provided in Schedule (5) shall be $5 per pupil for the CAPA. 3. The funds appropriated in Schedule (3) shall be available for approved contract costs for administration of the California English Language Development Test (CELDT) meeting the requirements of Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 of the Education Code. Incentive funding of $5 per pupil is provided in Schedule (5) for district apportionments for the CELDT. As a condition of receiving these funds, school districts must agree to provide information determined to be necessary to comply with the data collection and reporting requirements of the federal No Child Left Behind Act of 2001 (P.L. 107-110) regarding English language learners by the State Department of Education. 4. The funds appropriated in Schedule (4) include funds for approved contract costs for the administration of the California High School Exit Examination (CAHSEE) pursuant to Chapter 9 (commencing with Section 60850) of Part 33 of Division 4 of Title 2 of the Education Code. The State Board of Education shall establish the amount of funding to be apportioned to school districts for the CAHSEE. The amount of funding to be apportioned per test shall not be valid without the approval of the Department of Finance. 5. The funds appropriated in Schedule (4) shall be used for seven annual administrations of the California High School Exit Examination. Grade 12 pupils may take up to five administrations of the examination, grade 11 pupils may take up to two, and grade 10 pupils are required to take one. 6. It is the intent of the Legislature that the State Department of Education (SDE) develop a plan to streamline existing programs to eliminate duplicative tests and minimize the instructional time lost to test administration. The SDE shall ensure that all statewide tests meet industry standards for validity and reliability. 7. Funds provided to local educational agencies from Schedules (2), (3), (4), and (5) shall first be used to offset any state-mandated reimbursable costs within the meaning of Section 17556 of the Government Code, that otherwise may be claimed through the state mandates reimbursement process for the STAR Program, the California English Language Development Test, and the California High School Exit Examination. Local educational agencies receiving funding from these schedules shall reduce their estimated and actual mandate reimbursement claims by the amount of funding provided to them from these schedules. 8. Notwithstanding Section 28.50, the Department of Finance may adjust Schedules (6) and (7) to reflect changes in actual reimbursements from the contractor for the California High School Proficiency Examination. 9. Federal funds provided in Item 6110- 113-0890 for statewide testing purposes shall be fully expended before General Fund resources provided in this item are expended for the same purposes. 10. The funds appropriated in Schedule (5) may be used to pay approved apportionment costs from the 2010- 11 and the 2011-12 fiscal years for the STAR Program, the California English Language Development Test, and the California High School Exit Examination. 11. The amount appropriated in this item shall be reduced pursuant to Section 12.42. 12. The State Department of Education (SDE) shall ensure that fourth grade writing for the English/language arts California Standards Test and the California Modified Assessment is administered for the 2011-12 school year. The SDE shall ensure that, as a condition of extending the existing contractor agreement for the Standardized Testing and Reporting program, the agreement shall require the contractor to absorb the costs of administering fourth grade writing without making any offsetting contract savings. Further, this prohibits the SDE, the State Board of Education, and the contractor from eliminating any state assessments or components of a state assessment. 13. The Legislative Analyst's Office, Department of Finance, and the vendor or vendors of the state's Standardized Testing and Reporting contract shall meet on an annual basis every October and April to review detailed fiscal information regarding the current components and costs of the contract. The group also shall explore ways to make annual improvements to the state's assessment system or achieve related savings.SEC. 318.Item 6110-113-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-113-0890--For local assistance, Department of Education-Title VI Flexibility and Accountability, payable from the Federal Trust Fund.................................... 29,060,000 Schedule: (1) 20.70.030.005- Instructional Support: Assessment Review and Reporting.............. 600,000 (2) 20.70.030.006- Instructional Support: STAR Program........... 12,458,000 (3) 20.70.030.007- Instructional Support: English Language Development Test....... 10,480,000 (4) 20.70.030.008- Instructional Support: High School Exit Examination............ 5,172,000 (5) 20.70.030.029- Instructional Support: High School Exit Examination: Evaluation of Instruction............ 350,000 Provisions: 1. Funds appropriated in Schedule (2) are provided for approved contract costs for the development and administration of the California Standards Tests, the Standards-Based Tests in Spanish, the California Modified Assessment, the California Alternate Performance Assessment (CAPA), and the Designated Primary Language Test, as part of the STAR Program. 2. The funds appropriated in Schedule (3) shall be available for approved contract costs for administration of the California English Language Development Test, consistent with the requirements of Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 of the Education Code and Provision 3 of Item 6110-113-0001. 3. Funds appropriated in Schedule (4) are provided for approved contract costs related to the California High School Exit Examination, to be used consistent with Provision 4 of Item 6110-113-0001. 4. Funds appropriated in Schedule (5) are for an evaluation of instruction in the standards covered by the California High School Exit Examination to determine the progress of middle schools and high schools in implementing instruction and curriculum aligned to those standards. 5. Funds appropriated in Schedule (1) are for providing local educational agencies information regarding federal requirements associated with assessments. 6. Funds provided to local educational agencies from Schedules (2), (3), and (4) shall first be used to offset any state-mandated reimbursable costs, within the meaning of subdivision (e) of Section 17556 of the Government Code, that otherwise may be claimed through the state mandates reimbursement process for the STAR Program, the California English Language Development Test, the California High School Exit Examination, and the California Alternate Performance Assessment. Local educational agencies receiving funding from these schedules shall reduce their estimated and actual mandate reimbursement claims by the amount of funding provided to them from these schedules. 7. Federal funds provided in this item for statewide testing purposes shall be fully expended before General Fund resources provided in Item 6110-113-0001 are expended for the same purposes. 8. Of the funds appropriated in Schedule (2), $594,000 is provided in one-time federal carryover funds.SEC. 319.Item 6110-119-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-119-0890--For local assistance, Department of Education, Program 10.30.060.002-Title I Program for Neglected and Delinquent Children, payable from the Federal Trust Fund....... 1,761,000SEC. 320.Item 6110-125-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-125-0890--For local assistance, Department of Education, payable from the Federal Trust Fund........................ 306,126,000 Schedule: (1) 10.30.010-Title I, Migrant Education... 135,457,000 (2) 20.10.004-Title III, Language Acquisition......... 170,669,000 Provisions: 1. Of the funds appropriated in Schedule (1), the State Department of Education shall use no less than $6,500,000 and up to $7,100,000 for the California Mini-Corps Program. 2. Of the funds appropriated in Schedule (1), $1,700,000 is provided in one-time carryover funds to support the following existing program activities: (a) extended day/week and summer/intersession programs to help prepare middle and secondary pupils for the California High School Exit Examination, (b) investments aimed at upgrading curricula, instructional materials, educational software, and assessment procedures, (c) tutorials and intensified instruction, and (d) investments in technology used to improve the proficiency of limited- English-proficient pupils. 3. Of the funds appropriated in Schedule (2), $11,500,000 is provided in one-time carryover funds to support the existing program.SEC. 321.Item 6110-134-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-134-0890--For local assistance, Department of Education, payable from the Federal Trust Fund................... 1,704,258,000 Schedule: (1) 10.30.006-Statewide System of School Support............. 10,000,000 (2) 10.30.014-Title I, Corrective Action-- Local Educational Agencies............ 46,558,000 (3) 10.30.004-School Improvement Grant... 62,920,000 (4) 10.30.060-Title I- 1,584,780,00 ESEA................ 0 Provisions: 1. In administering the accountability system required by this item, the State Department of Education shall align the forms, processes, and procedures required of local educational agencies so that duplication of effort is minimized at the local level. 2. The funds appropriated in Schedule (1) shall be available for the purposes established by Article 4.2 (commencing with Section 52059) of Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code. 3. The State Department of Education shall provide to the Legislature, the Legislative Analyst's Office, and the Department of Finance a letter by April 15, 2012, reporting expenditures and anticipated savings for each schedule, based on available information. 4. The funds appropriated in this item shall be considered offsetting revenues within the meaning of subdivision (e) of Section 17556 of the Government Code for any reimbursable mandated cost claims for district assistance and intervention teams and other technical assistance providers. Local educational agencies accepting funding from this item shall reduce their estimated and actual mandate reimbursement claims by the amount of funding provided to them from this item. 5. The funds appropriated in Schedule (3) shall be programmed pursuant to Section 1003(g) of the federal No Child Left Behind Act of 2001 (P.L. 107-110), Title VIII of the American Recovery and Reinvestment Act of 2009 (P.L. 111-5), and related federal regulations and guidance. 6. The funds appropriated in Schedule (2) are for purposes of Title I, Part A, Section 1116 and 1117 of the federal No Child Left Behind Act of 2001 (P.L. 107-110) and shall be used to fund the Local Educational Agency Corrective Action program (Program) established by Article 3.1 (commencing with Section 52055.57(c)) of Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code. In the event that 2011-12 Title I Set Aside funds are insufficient to fully fund all local educational agencies that become eligible, apply for, and are selected by the State Board of Education to receive those federal funds, and notwithstanding any other provision of law, the State Department of Education and the board shall, in the following order: (a) Identify all schools that qualify to receive, have applied for, and have been selected by the board to receive a 2011- 12 federal School Improvement Grant and also are within a local educational agency that has been selected by the board to receive 2011-12 federal Title I Set Aside funds. (b) Ensure that schools identified in subdivision (a) are excluded for purposes of calculating program funding. (c) Determine the federal Title I Set Aside grant amount to be awarded to each qualifying local educational agency pursuant to levels specified in paragraph (3) of subdivision (d) of Section 52055.57 of the Education Code and exclude schools identified in subdivision (a) of this provision. (d) In the event that 2011-12 federal Title I Set Aside funds are insufficient to fully fund all eligible Corrective Action program local educational agencies, the board shall proportionately reduce each Corrective Action program grant so that all approved local educational agencies may be funded with the maximum amount of Title I Set Aside funds possible. 7. The funds appropriated in Schedule (3) are for the purpose of supporting three-year school improvement grants and shall be disbursed to local educational agencies in three annual installments. 8. Of the funds appropriated in Schedule (4), $645,000 is provided in one-time carryover funds to support the existing program. 9 . Of the funds appropriated in Schedule (2), $5,700,000 is provided in one-time carryover funds to support the existing program. 10. Of the funds appropriated in Schedule (3), $226,000 is provided in one-time carryover funds to support the existing program. 11. Of the funds appropriated in Schedule (4), $21,300,000 is provided in one-time carryover funds for allocation to all Title I local educational agencies and schools using the state's standard distribution methodology for the federal Title I, Part A Basic Program. 12. Of the funds appropriated in Schedule (4), $3,500,000 is provided in one-time carryover funds pursuant to legislation enacted in the 2011- 12 legislative session to support initial implementation of the Common Core Standards, including revising the English Language Development Standards for alignment with the Common Core Standards in English language arts, providing professional development on Common Core Standards, and establishing a state-level process for approval of supplemental instructional materials aligned to the Common Core Standards.SEC. 322.Item 6110-136-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-136-0890--For local assistance, Department of Education, Program 10.30- Instruction, payable from the Federal Trust Fund......................................... 8,578,000 Schedule: (1) 10.30.065-McKinney-Vento Homeless Children Education.................. 7,368,000 (2) 10.30.030-Title I-Even Start Program.............. 1,210,000 Provisions: 1. Of the funds appropriated in Schedule (1), $600,000 is provided in one-time carryover funds to support the existing program. 2. Of the funds appropriated in Schedule (2), $1,210,000 is provided in one-time carryover funds to support the existing program.SEC. 323.Item 6110-137-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-137-0890--For local assistance, Department of Education, Program 20.10.005- Rural and Low Income Schools Grant, payable from the Federal Trust Fund.................... 1,291,000 Provisions: 1. Of the funds appropriated in this item, $62,000 is provided in one-time carryover funds to support the existing program.SEC. 324.Item 6110-156-0890 of Section 2.00 of the Budget Act of 2011 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........................ 87,659,000 Provisions: 1. The State Department of Education shall reimburse claims from qualifying community-based organizations that provide adult basic education under this item on a quarterly basis. 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: (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. It is the intent of the Legislature that the Legislature and the department utilize the information provided pursuant to this provision to (a) evaluate whether any changes need to be made to improve the implementation of the accountability-based funding system under Title II and (b) evaluate the feasibility of any future expansion of the accountability-based funding system using state funds. 4. The State Department of Education shall continue to ensure that outcome measures for State Department of Mental Health 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 Mental Health, State Department of Developmental Services, and Department of Finance for this purpose. 5. Of the funds appropriated in this item, $3,100,000 is provided in one-time carryover funds for the federal Adult Education Program.SEC. 325.Item 6110-161-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-161-0001--For local assistance, Department of Education (Proposition 98), Program 10.60-Special Education Programs for Exceptional Children........ 3,117,119,000 Schedule: (1) 10.60.050.003- Special education 3,046,216,00 instruction......... 0 (2) 10.60.050.080-Early Education Program for Individuals with Exceptional Needs............... 85,298,000 (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 2011-12 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 $13,195,000, 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 $88,542,000, plus any COLA, shall be available for regionalized program specialist services; and up to $2,687,000, 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 $179,930,000, 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 2011-12 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 2011-12 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 Individuals with Disabilities Education Improvement Act of 2004 (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 specified in Schedule (1), up to $31,000,000 shall be available only to provide mental health related services, including out-of-home residential services for emotionally disturbed pupils, required by an individual education plan pursuant to the federal Individuals with Disabilities Education Improvement Act of 2004 (20 U.S.C. Sec. 1400 et seq.). The Superintendent of Public Instruction shall allocate these funds to special education local plan areas on a one-time basis in the 2011-12 fiscal year based upon an equal rate per pupil using the methodology specified in Section 56836.07 of the Education Code. 19. Of the amount provided in Schedule (1), $0 is to reflect a cost-of-living adjustment. 20. Of the amount provided in Schedule (2), $0 is to reflect a cost-of-living adjustment. 21. 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, 2012, 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. 22. 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 Improvement Act of 2004 (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. 23. 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). 24. The funds appropriated in this item reflect an adjustment to the base funding of 0.23 percent for the annual adjustment in statewide average daily attendance. 25. 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. 26. Of the amount specified in Schedule (1), $218,786,000 shall be available only to provide mental health related services, including out-of-home residential services for emotionally disturbed pupils, required by an individual education plan pursuant to the federal Individuals with Disabilities Education Improvement 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 2011-12 fiscal year based upon an equal rate per pupil using the methodology specified in Section 56836.07 of the Education Code. 27. 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 mental health related 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.SEC. 326.Item 6110-161-0890 of Section 2.00 of the Budget Act of 2011 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................................... 1,229,085,000 Schedule: (1) 10.60.050.012-Local Agency Entitlements, IDEA Special Education............ 1,042,289,000 (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........... 74,614,000 (5) 10.60.050.030-P.L. 99-457, Preschool Grant Program........ 37,747,000 (6) 10.60.050.031-IDEA, State Improvement Grant, Special Education............ 2,716,000 (7) 10.60.050.032-IDEA, Family Empowerment Centers.............. 2,794,000 (8) 20.80.002- Supplemental Grants: Newborn Hearing Grant................ 100,000 Provisions: 1. If the funds for Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) (IDEA) that are actually received by the state exceed $1,215,790,000, at least 95 percent of the funds received in excess of that amount shall be allocated for local entitlements and to state agencies with approved local plans. Up to 5 percent of the amount received in excess of $1,215,790,000 may be used for state administrative expenses upon approval of the Department of Finance. If the funds for Part B of the IDEA that are actually received by the state are less than $1,215,790,000, the reduction shall be taken in other state-level activities. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. Of the funds appropriated in Schedule (4), $69,000,000 shall be available only for the purpose of providing mental health related 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 on a one-time basis in the 2011-12 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 mental health related 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 2012- 13 fiscal year for the purpose of providing the mental health related 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 2011-12 fiscal year. 10. Of the funds appropriated in Schedule (6), $2,196,000 is provided on a one-time basis for science-based professional development as part of the State Personnel Development grant. 11. 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. 12. Of the funds appropriated in Schedule (6), $520,000 is provided in one-time carryover funds to be used for professional development in the area of mental health services, to the extent permitted by the federal State Improvement Grant Program.SEC. 327.Item 6110-166-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-166-0001--For local assistance, Department of Education (Proposition 98), for transfer to Section A of the State School Fund for purposes of Article 5 (commencing with Section 54690) of Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code, Partnership Academies Program............. 26,730,000 Schedule: (1) 10.70.070.001- California Partnership Academies........... 23,490,000 (2) 10.70.070.002- ""Green'' California Partnership Academies........... 2,922,000 (2.5) 10.70.070.003- ""Clean'' Technology Partnership Academies........... 3,240,000 (3) Reimbursements...... -2,922,000 Provisions: 1. If there are any funds in this item that are not allocated for planning or operational grants, the State Department of Education may allocate those remaining funds as one-time grants to state-funded partnership academies to be used for one-time purposes. 2. The State Department of Education shall not authorize new partnership academies without the approval of the Department of Finance and 30- day notification to the Joint Legislative Budget Committee. 3. Notwithstanding Provisions 1 and 2, the funds appropriated in Schedule (2) shall be available consistent with Article 5 (commencing with Section 54690) of Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code and pursuant to Chapter 757 of the Statutes of 2008. 4. The amount appropriated in this item shall be reduced pursuant to Section 12.42. 5. Notwithstanding any other provision of law, the funds appropriated in Schedule (2) reflect carryover funds that are available for encumbrance until June 30, 2013. 6. Notwithstanding Provisions 1 and 2, the funds appropriated in Schedule (2.5) shall be available consistent with Article 5.5 (commencing with Section 54698) of Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code.SEC. 328.Item 6110-166-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-166-0890--For local assistance, Department of Education, Program 10.70- Vocational Education, payable from the Federal Trust Fund......................... 116,218,000 Provisions: 1. The funds appropriated in this item include federal Carl D. Perkins Career and Technical Education Act of 2006 (P.L. 109-270) funds for the current fiscal year to be transferred to the community colleges by means of interagency agreements for the purpose of funding career technical education programs in community colleges. 2. The State Board of Education and the Board of Governors of the California Community Colleges shall target funds appropriated by this item to provide services to persons participating in welfare-to- work activities under the CalWORKs program. 3. The Superintendent of Public Instruction shall report, not later than February 1 of each year, to the Joint Legislative Budget Committee and the Director of Finance, describing the amount of carryover funds from this item, reasons for the carryover, and plans to reduce the amount of carryover. 4. Of the funds appropriated in this item, $6,284,000 is provided in one-time carryover funds to support the existing program.SEC. 329.Item 6110-170-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-170-0001--For local assistance, Department of Education, pursuant to Section 88532 of the Education Code.................................................. 0 Schedule: (1) 20.40.800-Career Technical Education.................. 18,486,000 (2) Reimbursements............. -18,486,000 Provisions: 1. Funding in this item shall be provided through a transfer from Schedule (21) of Item 6870-101-0001, and from the Quality Education Investment Act, in accordance with Section 52055.770 of the Education Code, pursuant to an interagency agreement between the Office of the Chancellor of the California Community Colleges and the State Department of Education. 2. The amounts in this item may be adjusted by budget revision to conform to the interagency agreement between the Chancellor of the California Community Colleges and the Department of Education if approved by the Department of Finance. 3. Of the funds appropriated in this item, $3,486,000 is provided in one-time reimbursement carryover funds to support the existing program.SEC. 330.Item 6110-180-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-180-0890--For local assistance, Department of Education, Program 20.10.025- Educational Technology, payable from the Federal Trust Fund........................... 490,000 Schedule: (1) 20.10.025.010-Formula Grants..................... 257,000 (2) 20.10.025.011-Competitive Grants..................... 4,000 (3) 20.10.025.013-California Technology Assistance Project.................... 229,000 Provisions: 1. The funds appropriated in Schedule (1) shall be allocated as formula grants to school districts pursuant to the federal Enhancing Education Through Technology program. Of the funds appropriated in Schedule (1), $257,000 is provided in one- time carryover funds. 2. The funds appropriated in Schedule (2) are available for competitive grants pursuant to Chapter 8.9 (commencing with Section 52295.10) of Part 28 of Division 4 of Title 2 of the Education Code and the federal Enhancing Education Through Technology program. The eligibility criteria for these grants shall be consistent with federal law and target local educational agencies with high numbers or percentages of children from families with incomes below the poverty line and one or more schools either qualifying for federal school improvement or demonstrating substantial technology needs. Of the funds appropriated in Schedule (2), $4,000 is provided in one-time carryover funds. 3 . The funds appropriated in Schedule (3) are provided for the California Technology Assistance Project to provide technical assistance and support to the program. Of the funds appropriated in Schedule (3), $229,000 is provided in one-time carryover funds.SEC. 331.Item 6110-193-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-193-0890--For local assistance, Department of Education, Program 20.60- Instructional Support, Part B of Title II of the Elementary and Secondary Education Act (Mathematics and Science Partnership Grants) 23,501,00 payable from the Federal Trust Fund.......... 0 Provisions: 1. Of the funds appropriated in this item, $4,000,000 is provided in one-time carryover funds.SEC. 332.Item 6110-195-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-195-0890--For local assistance, Department of Education, Program 20.60- Instructional Support, Part A of Title II of the Elementary and Secondary Education Act (Teacher and Principal Training and Recruiting Fund), payable from the Federal Trust Fund........................ 262,666,000 Schedule: (1) 20.60.280-Improving Teacher Quality Local Grants........ 255,309,000 (2) 20.60.270- Administrator Training Program.... 2,382,000 (3) 20.60.190.300- California Subject Matter Projects..... 4,975,000 Provisions: 1. The funds appropriated in Schedule (2) shall be for the Administrator Training Program authorized pursuant to Article 4.6 (commencing with Section 44510) of Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code. 2. The funds appropriated in Schedule (3) shall be for transfer to the University of California, which shall use the funds for the Subject Matter Projects pursuant to Article 1 (commencing with Section 99200) of Chapter 5 of Part 65 of Division 14 of Title 3 of the Education Code. 3. Of the funds appropriated in Schedule (2), up to $500,000 may be used to provide professional development for private school teachers and administrators in accordance with federal law. By October 15 of each year, the State Department of Education shall submit to the appropriate budget and policy committees of the Legislature, the Legislative Analyst's Office, and the Department of Finance a report of the number of private school teachers and administrators served under this provision and the type of professional development provided. 4. Of the funds appropriated in Schedule (1), $475,000 is provided in one-time carryover for Improving Teacher Quality Local Grants. None of these funds shall be used for additional indirect administrative costs. 5. Of the funds appropriated in Schedule (2), $1,107,000 is provided in one-time carryover for the Administrator Training Program. None of these funds shall be used for additional indirect administrative costs. 6. Of the funds appropriated in Schedule (3), $1,408,000 is provided in one-time carryover for transfer to the University of California and shall be used for Subject Matter Projects. None of these funds shall be used for additional indirect administrative costs.SEC. 333.Item 6110-196-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-196-0001--For local assistance, Department of Education (Proposition 98), for transfer by the Controller to Section A of the State School Fund, for allocation by the Superintendent of Public Instruction to school districts, county offices of education, and other agencies for the purposes of Proposition 98 educational programs funded in this item, in lieu of the amount that otherwise would be appropriated pursuant to any other statute...................... 1,360,916,000 Schedule: (1) 30.10.010-Special Program, Child Development, Preschool 373,695, Education................. 000 (1.5 30.10.020-Child Care 1,530,27 ) Services.................. 1,000 (a) 30.10.020. 001- Special Program, Child Developmen t, General Child Developmen t 685,923,00 Programs.. 0 (c) 30.10.020. 004- Special Program, Child Developmen t, Migrant Day Care.. 29,085,000 (d) 30.10.020. 007- Special Program, Child Developmen t, Alternativ e Payment 216,586,00 Program... 0 (e) 30.10.020. 011- Special Program, Child Developmen t, Alternativ e Payment Program-- 390,265,00 Stage 2... 0 (f) 30.10.020. 012- Special Program, Child Developmen t, Alternativ e Payment Program-- Stage 3 130,906,00 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......... 1,620,000 (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......... 49,654,000 (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 -543,050 6110-196-0890)............ ,000 Provisions: 2. (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) Effective July 1, 2011, 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. 3. Of the amount appropriated in Schedule (1), $50,000,000 is available for prekindergarten and family literacy preschool programs pursuant to Chapter 211 of the Statutes of 2006. Of the amount appropriated in Schedule (1), $5,000,000 is available for the provision of wraparound care to children enrolled in state preschool programs. The Superintendent of Public Instruction shall assign priority for these funds to children enrolled in prekindergarten and family literacy preschool programs authorized by Section 8238.4 of the Education Code. 4. 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) $3,178,000 in one-time federal funding is available for use in the 2011-12 fiscal year. These funds shall be used for child care and development quality expenditures identified by the State Department of Education (SDE) 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: $0 to train former CalWORKs recipients as child care teachers, for which administrative costs shall be minimized to allow for maximum enrollment, with priority for funding given to programs at community colleges that have demonstrated high completion rates; $0 for training license-exempt child care providers, with priority given to participants serving subsidized children; $8,000,000 from federal funds for contracting with the State Department of Social Services (DSS) 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 DSS in conjunction with the SDE. 5. 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. 6. (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. 7. 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. 8. 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. 9. (a) Notwithstanding any other provision of law, the income eligibility limits pursuant to Section 8263.1 of the Education Code that were in effect for the 2007-08 fiscal year shall be reduced to 70 percent of the state median income that was in use for the 2007-08 fiscal year, adjusted for family size, effective July 1, 2011. (b) Notwithstanding any other provision of law, the family fee schedule that was in effect for the 2007-08, 2008- 09, 2009-10, and 2010-11 fiscal years shall be adjusted to reflect the income eligibility limits specified in subdivision (a) for the 2011-12 fiscal year, and shall retain a flat fee per family. The revised fee schedule shall begin at income levels at which families currently begin paying fees. The revised family fees shall not exceed 10 percent of the family's monthly income. The Department of Education shall first submit the adjusted fee schedule to the Department of Finance for approval in order to be implemented by July 1, 2011. 10. The maximum standard reimbursement rate shall not exceed $34.38 per day for general child care programs and $21.22 per day for state preschool 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. 11. The amounts provided in Schedules (1), (1.5)(a), (1.5)(c), (1.5)(d), and (1.5)(j) of this item reflect a reduction to the base funding of 0.67 percent for a decline in the population of 0-4 year-olds. 12. 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). 13. If the Department of Education has not provided the study on the characteristics of families and costs of care by March 1, 2011, as required by Provision 13 of Item 6110-196-0001 of the Budget Act of 2010 (Chapter 712, Statutes of 2010) or by June 30, 2011, it shall provide the study to the Department of Finance, the Legislative Analyst, and the Department of Social Services along with the data files, as soon as practicable but no later than August 1, 2011. The Department of Education shall ensure that the characteristics of families and costs of care in CalWORKs Stage 1 are included in the study, as intended by the Administration and the Legislature. 14. Notwithstanding any other provision of law, funds in Schedule (1.5)(o) are available for accounts payable for non- CalWORKs child care programs and to reimburse non-CalWORKs 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. 15. Notwithstanding any other provision of law, the Local Planning Councils shall meet the requirements of Section 8499.5 of the Education Code to the extent feasible and to the extent data is readily accessible. 17. Notwithstanding any other provision of law, the implementation of Provisions 2, 9, 19, and 20 are not subject to the appeal and resolution procedures for agencies that contract with the 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 of Division 1 of Title 5 of the California Code of Regulations. 18. 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 Social Services or State Department of Education may implement Provisions 2, 9, 19, and 20 through all-county letters, management bulletins, or similar instructions. 19. The amounts appropriated in Schedules (1), Preschool Education, (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 of 11 percent, to be effective July 1, 2011, to all contracts. 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 11 percent. 20. 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 whose income exceeds 70 percent of the state median income (SMI) adjusted for family size, except for families whose children are receiving child protective services or are at risk of being neglected or abused, (b) families with the highest income below 70 percent of the SMI adjusted for family size, (c) of families with the same income level, those that have been receiving child care services for the longest period of time, (d) of families with the same income level, those that have a child with exceptional needs, and (e) families with children who are receiving child protective services or are at risk of being neglected or abused, regardless of family income.SEC. 334.Item 6110-196-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-196-0890--For local assistance, Department of Education, Program 30-- Child Development Programs, payable from the Federal Trust Fund..................... 543,050,000 Provisions: 1. Notwithstanding any other provision of law, the funds appropriated in this item, to the extent permissible under federal law, are subject to Section 8262 of the Education Code. 2. Of the funds appropriated in this item, $10,000,000 is from the transfer of funds, pursuant to Item 5180-402, from the federal Temporary Assistance for Needy Families (TANF) Block Grant administered by the State Department of Social Services to the federal Child Care and Development Block Grant for Stage 2 child care. 4. Of the funds appropriated in this item, $3,178,000 is available on a one-time basis for quality projects from federal Child Care and Development Block Grant funds appropriated prior to the 2011- 12 federal fiscal year. 5. Of the funds appropriated in this item, $335,000 is available on a one-time basis for CalWorks Stage 3 Child Care from federal Child Care and Development Block Grant funds appropriated prior to the 2011-12 federal fiscal year.SEC. 335.Item 6110-197-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-197-0890--For local assistance, Department of Education, payable from the Federal Trust Fund, 21st Century Community Learning Centers Program........ 157,605,000 Schedule: (1) 30.10.080-Special Program, Child Development, 21st Century Community Learning Centers Program............. 157,605,000 Provisions: 1. The State Department of Education shall provide an annual report to the Legislature and Director of Finance by April 30 of each year that identifies by cohort for the previous fiscal year each high school program funded, the amount of the annual grant and actual funds expended, the numbers of pupils served and planned to be served, and the average cost per pupil per day. If the average cost per pupil per day exceeds $10 per day, the department shall provide specific reasons why the costs are justified and cannot be reduced. In calculating cost per pupil per day, the department shall not count attendance unless the pupil is under the direct supervision of after school program staff funded through the grant. Additionally, the department shall calculate cost per day on the basis of the equivalent of a three-hour day for 180 days per school year. The department shall also identify for each program, as applicable, if the attendance of pupils is restricted to any particular subgroup of pupils at the school in which the program is located. If such restrictions exist, the department shall provide an explanation of the circumstances and necessity therefor. 2. Of the funding provided in this item $25,988,000 is available from one-time carryover funds from prior years. 3. The State Department of Education shall, by March 1 of each year, provide a report to the Director of Finance and the Legislative Analyst's Office that includes, but is not limited to, allocation and expenditure data for all programs funded in this item in the past three years, the reasons for carryover, and the planned uses of carryover funds.SEC. 337.Item 6110-201-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-201-0890--For local assistance, Department of Education, Program 30.20- Child Nutrition, payable from the Federal Trust Fund....................... 2,202,181,000 Schedule: (1) 30.20.010-Child 2,173,181,00 Nutrition Programs.. 0 (2) 30.20.040-Summer Food Service Program............. 29,000,000 Provisions: 1. Of the amount appropriated in Schedule (1), $11,973,000 is provided on a one-time basis for Fresh Fruit and Vegetable Program grants to local educational agencies.SEC. 338.Item 6110-203-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-203-0001--For local assistance, Department of Education (Proposition 98), for transfer to Section A of the State School Fund, Program 30.20.010-Child Nutrition Programs, established pursuant to Sections 41311, 49501, 49536, 49550, 49552, and 49559 of the Education Code.... 155,232,000 Schedule: (1) 30.20.010-Child Nutrition Programs.. 155,574,000 (2) Reimbursements...... -342,000 Provisions: 1. Funds appropriated in Schedule (1) shall be allocated pursuant to Section 41311 of the Education Code. Claims for reimbursement of meals pursuant to this allocation shall be submitted by school districts on or before September 30, 2012, to be eligible for reimbursement. 2. Funds designated for child nutrition programs in Schedule (1) shall be allocated in accordance with Section 49536 of the Education Code; however, the allocation shall be based not on all meals served, but on the number of meals that are served and that qualify as free or reduced-price meals in accordance with Sections 49501, 49550, and 49552 of the Education Code. 3. Of the funds appropriated in this item, $0 is to reflect a cost-of-living adjustment. 4. If the appropriation in this item is insufficient to fully fund all eligible reimbursement claims pursuant to Section 49430.5 of the Education Code, the State Department of Education shall reimburse eligible claims at a prorated share of the funds appropriated in this item. 5. The State Department of Education shall notify the Department of Finance in writing 30 days prior to paying prior year reimbursement claims from this item pursuant to Section 16304.1 of the Government Code. No reimbursements shall be made prior to final approval of the Department of Finance. 6. Of the funds appropriated in this item, $3,700,000 is for the purpose of providing a growth adjustment due to an increase in the projected number of meals served.SEC. 339.Item 6110-211-0001 of Section 2.00 of the Budget Act of 2011 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..... 276,518,000 Schedule: (1) 20.60.036.003- Instructional Support: Categorical Programs for Charter Schools..... 190,627,000 (2) 20.60.036.006- Instructional Support: Economic Impact Aid for Charter Schools..... 85,891,000 Provisions: 1. The State Department of Education shall provide an estimate of average daily attendance expected to be claimed for this item for the 2012-13 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 2012- 13 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.SEC. 340.Item 6110-212-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-212-0001--For local assistance, Department of Education (Proposition 98), for transfer to Section A of the State School Fund, Categorical Programs for New Schools, in accordance with Section 42606 of the Education Code..................... 11,000,000SEC. 341.Item 6110-240-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-240-0890--For local assistance, Department of Education, Program 20.70.010- Instructional Support: Advanced Placement Fee Waiver, payable from the Federal Trust Fund........................................ 7,232,000 Provisions: 1. Funding shall be used to fully satisfy the demand for advanced placement examination fee reimbursements for low-income pupils. Any funding remaining after the demand for advanced placement examination fee reimbursements has been fully satisfied may be used on a one-time basis for preadvanced placement activities as specified under the conditions of the federal grant application through which these funds were authorized. Use of funding for this alternative purpose shall neither create nor imply any continuing obligation to fund the alternative activities beyond the 2011-12 fiscal year.SEC. 342.Item 6110-485 of Section 2.00 of the Budget Act of 2011 is amended to read: 6110-485--Reappropriation (Proposition 98), Department of Education. The sum of $6,824,000 is hereby reappropriated from the Proposition 98 Reversion Account for the following purposes: 0001-- General Fund (1) The sum of $6,594,000 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 purpose of funding CalWORKs Stage 2 child care. The department shall provide the detailed schedule of adjustments to Schedules (1) and (1.5) of Item 6110-196-0001 of the Budget Act of 2010 (Ch. 712, Stats. 2010) to the Controller not later than August 31, 2011. The amount reappropriated pursuant to this provision is for use in the 2011-12 fiscal year. (2) The sum of $230,000 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 purpose of funding California School Information Services administration activities authorized pursuant to Schedule (2) of Item 6110- 140-0001.SEC. 343.Item 6110-488 of Section 2.00 of the Budget Act of 2011 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 5, inclusive: 0001--General Fund (1) $24,000,000 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 2010 (Ch. 712, Stats. 2010) (2) $6,900,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for Economic Impact Aid in Item 6110-128-0001 of the Budget Act of 2010 (Ch. 712, Stats. 2010) (3) $20,000,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for special education in Schedule (1) of Item 6110-161-0001 of the Budget Act of 2010 (Ch. 712, Stats. 2010) (4) $15,121,000 of the amount appropriated for the K-3 Class Size Reduction program in paragraph (9) of subdivision (a) of Section 38 of Chapter 12 of the Statutes of 2009 (5) $40,000,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Quality Education Investment Act in the 2010- 11 fiscal year pursuant to Section 52055.770 of the Education Code (6) $23,767,000 of the amount recovered from the proportional reductions to Basic Aid School Districts pursuant to Section 56 of Chapter 7 of the Statutes of 2011 (7) $9,000 or whatever greater or lesser amount reflects the unexpended balance of the amount appropriated for the English Language Learners Supplemental Instructional Materials program in paragraph (10) of subdivision (a) of Section 43 of Chapter 79 of the Statutes of 2006 (8) $6,000 or whatever greater or lesser amount reflects the unexpended balance of the amount appropriated for the Agricultural Career Technical Education Program in Item 6110-167-0001 of the Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (9) $973,000 or whatever greater or lesser amount reflects the unexpended balance of the amount appropriated for the Class Size Reduction Program in Item 6110-234- 0001 of the Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (10) $422,000 or whatever greater or lesser amount represents the balance available from Schedule (1) of Item 6870-101-0001 of the Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), as reappropriated in Item 6870-492 of the Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (11) $902,000 or whatever greater or lesser amount represents the balance available from Schedules (7), (8), and (19) of Item 6870-101- 0001 of the Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) (12) $1,039,000 or whatever greater or lesser amount reflects the unexpended balance of the amount appropriated for Special Education Instruction in Schedule (2) of Item 6110-161-0001 of the Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (13) $82,000 or whatever greater or lesser amount reflects the unexpended balance of the amount appropriated for Child Nutrition in Item 6110-651-0001, 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 (14) $267,000 or whatever greater or lesser amount reflects the unexpended balance of the amount appropriated for the Supplemental School Counseling Program in Item 6110-108-0001 of the Budget Act of 2010 (Ch. 712, Stats. 2010) (15) $15,000 or whatever greater or lesser amount reflects the unexpended balance of the amount appropriated for the Special Education Program in Schedule (2) of Item 6110-161-0001 of the Budget Act of 2010 (Ch. 712, Stats. 2010) (16) $30,000 or whatever greater or lesser amount reflects the unexpended balance of the amount appropriated for the California Partnership Academies in Item 6110- 166-0001 of the Budget Act of 2010 (Ch. 712, Stats. 2010) (17) $418,000 or whatever greater or lesser amount reflects the unexpended balance of the amount appropriated for the California High School Exit Exam Supplemental Instruction program in Item 6110- 204-0001 of the Budget Act of 2010 (Ch. 712, Stats. 2010) (18) $369,000 or whatever greater or lesser amount reflects the unexpended balance of the amount appropriated for the Arts and Music Block Grant program in Item 6110- 265-0001 of the Budget Act of 2010 (Ch. 712, Stats. 2010) (19) $18,677,000 or whatever greater or lesser amount represents the balance available from Schedules (1), (7), (8), (9), and (19) of Item 6870-101-0001 of the Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) Provisions: 1. The sum of $45,597,000 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 purpose of funding CalWORKs Stage 2 child care. The department shall provide the detailed schedule of adjustments to Schedules (1) and (1.5) of Item 6110-196-0001 of the Budget Act of 2010 (Ch. 712, Stats. 2010) to the Controller not later than August 31, 2011. The amount reappropriated pursuant to this provision is for use in the 2011-12 fiscal year. 2. The sum of $5,303,000 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 support costs during the 2011-12 fiscal year associated with the Class Size Reduction Program operated pursuant to Chapter 6.10 (commencing with Section 52120) of Part 28 of Division 4 of Title 2 of the Education Code. 3 . The sum of $5,673,000 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 support California School Information Services administration activities authorized pursuant to Schedule (2) of Item 6110-140-0001. 4. The sum of $81,375,000 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 apportionment for special education programs pursuant to Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education Code. 5. The sum of $15,049,000 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 purpose of funding CalWORKs Stage 3 child care. The amount reappropriated pursuant to this provision is for use in the 2011-12 fiscal year.SEC. 344.Item 6110-490 is added to Section 2.00 of the Budget Act of 2011, to read: 6110-490--Reappropriation, Department of Education. 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 those appropriations and shall be available for encumbrance or expenditure until June 30, 2015: 0660--Public Buildings Construction Fund (1) Item 6110-301-0660, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as reappropriated by Item 6110- 490, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and Budget Act of 2010 (Ch. 712, Stats. 2010) (1) 80.80.050-Career and Technical Education Complex and Service Yard--Working drawings, construction, and equipment (2) Item 6110-301-0660, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), as reappropriated by Item 6110-490, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and Budget Act of 2010 (Ch. 712, Stats. 2010) (1) 80.80.089-Kitchen and Dining Hall Renovation--Working drawings, construction, and equipment (2) 80.80.052-New Gymnasium and Pool Center--Working drawings, construction, and equipment (3) Item 6110-301-0660, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as reappropriated by Item 6110-490, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and Budget Act of 2010 (Ch. 712, Stats. 2010) (2) 80.80.050-Career and Technical Education Complex and Service Yard--Working drawings and construction (3) 80.80.065-Academic Support Cores, Bus Loop, and Renovation--Working drawings, construction, and equipment (4) Item 6110-301-0660, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as reappropriated by Item 6110-490, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and Budget Act of 2010 (Ch. 712, Stats. 2010) (3) 80.80.089-Kitchen and Dining Hall Renovation--ConstructionSEC. 345.Item 6110-492 is added to Section 2.00 of the Budget Act of 2011, to read: 6110-492--Reappropriation, Department of Education. Notwithstanding any other provision of law, the balance of the appropriation provided in Item 6110-001- 3085 of the Budget Act of 2010 (Ch. 712, Stats. 2010) is reappropriated and shall be available for encumbrance or expenditure until June 30, 2012, to contract with mental health or educational professionals or local education agencies to support the involvement of local education agencies in local mental health planning and implementation efforts pursuant to the Mental Health Services Act (Proposition 63, as approved by the voters at the November 2, 2004, statewide general election).SEC. 346.Item 6360-001-0408 of Section 2.00 of the Budget Act of 2011 is amended to read: 6360-001-0408--For support of the Commission on Teacher Credentialing, payable from the Test Development and Administration Account, Teacher Credentials Fund..................... 4,779,000 Schedule: (1) 10-Standards for Preparation and Licensing of Teachers............ 4,929,000 (2) Reimbursements............. - 150,000 Provisions: 1. The amount appropriated in this item may be increased for unanticipated costs of litigation, or for costs from increases in the number of examinees, subject to approval of the Department of Finance, not sooner than 30 days after notification in writing to the chairpersons of the fiscal committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee. 2. Notwithstanding Section 44234 of the Education Code, funds that are set aside for pending litigation costs shall not be considered part of the reserve of the Teacher Credentials Fund for purposes of subdivision (b) of Section 44234 of the Education Code. 3. If the funds available in the Teacher Credentials Fund are insufficient to meet the operational needs of the Commission on Teacher Credentialing, the Department of Finance may authorize a loan to be provided from the Test Development and Administration Account to the Teacher Credentials Fund. The Department of Finance shall notify the Chairperson of the Joint Legislative Budget Committee, or his or her designee, of its intent to request that the Controller transfer the amount projected to be required from the Test Development and Administration Account to the Teacher Credentials Fund. The Controller shall transfer those funds not sooner than 30 days after this notification. 4. Of the funds appropriated in this item, $350,000 is provided to support teacher examination validation studies and examination development activities. The Commission on Teacher Credentialing shall submit an annual report to the Department of Finance in September of each year describing the teacher examination validation studies and examination development conducted during the previous fiscal year. 5. Of the funds appropriated in this item, $84,000 and 1.0 two-year limited-term position are available upon the successful implementation of the California Longitudinal Pupil Achievement Data System (CALPADS) and the written approval of the Department of Finance and the office of the Chief Information Officer. These resources are for the purposes of providing subject matter expertise and support in the development of the California Longitudinal Teacher Integrated Data Education System (CALTIDES) with the State Department of Education. The limited-term position shall expire on June 30, 2012. 6 . Of the funds appropriated in Schedules (1) and (2), $150,000 and 1.5 two-year, limited-term positions are available to support the development of the California Longitudinal Teacher Integrated Data Education System (CALTIDES) project with the State Department of Education. The limited-term positions shall expire on June 30, 2013.SEC. 347.Item 6440-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 6440-001-0001--For support of University of California............................ 2,097,082,000 Schedule: (1) Support.............. 2,671,691,00 0 (2) Charles R. Drew Medical Program...... 8,738,000 (3) Acquired Immune Deficiency Syndrome (AIDS) Research...... 9,214,000 (4) Student Financial Aid.................. 52,199,000 (5) San Diego Supercomputer Center. 3,240,000 (6) Subject Matter Projects............. 5,000,000 (7) Reimbursements....... -3,000,000 (8) Budget Reduction..... -650,000,000 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 Schedule (2) are 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 for in Sections 1, 2, and 3 of Chapter 1140 of the Statutes of 1973. Of the funds appropriated, $500,000 is contingent upon the provision by the University of California of an equal amount of matching funds from its own resources. The University of California shall ensure by adequate controls that funds appropriated in Schedule (2) are expended solely for the support of the program identified in that schedule. 4. The funds appropriated in Schedule (4) are 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. 5. Of the funds appropriated in Schedule (1), $2,762,129 is for payment of energy service contracts in connection with the issuance of State Public Works Board Energy Efficiency Revenue Bonds. 6. Of the funds appropriated in Schedule (1), $1,897,200 is for the California State Summer School for Mathematics and Science (COSMOS). The University of California shall report on the outcomes and effectiveness of COSMOS every five years, commencing April 1, 2011. 7. Of the funds appropriated in Schedule (1), $1,125,000 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 Schedule (1), $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, 2012, 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 reimbursement funds appropriated in Schedule (7) reflect Workforce Investment Act funding pursuant to an interagency agreement with the Employment Development Department and are available to support the full cost of 55 undergraduate, 152 master's degree, and 23 doctoral nursing enrollments in the 2011-12 academic year. (c) The University of California shall report to the Legislature and the Governor by May 1, 2012, on the total enrollment in the 2011-12 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. It is the intent of the Legislature that, if the budget reductions contained in this item require the University of California to make budget reductions to the Student Academic Preparation and Education Programs (SAPEP), no individual reduction to any program shall be 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, 2012. 13. Of the funds appropriated in Schedule (1), $3,000,000 shall be allocated to fund the scheduled increased personnel cost pursuant to the memoranda of understanding between the University of California and Service Unit (SX), effective on February 12, 2009. 14. The funds appropriated in this item shall not be available to support auxiliary enterprises or intercollegiate athletics programs. 15. The unallocated budget reduction in Schedule (8) may be applied by the University of California to the amounts specified in Provisions 6, 7, and 10, but the reduction to each of those amounts may not be proportionally greater than the overall General Fund budget reduction to the University of California system. 16. The Director of Finance may augment this item by $150,000,000 if sufficient state General Fund revenues are available. The Department of Finance shall notify the Joint Legislative Budget Committee of any transfer made pursuant to this provision.SEC. 348.Item 6440-001-0234 of Section 2.00 of the Budget Act of 2011 is amended to read: 6440-001-0234--For support of University of California, payable from the Research Account, Cigarette and Tobacco Products Surtax Fund................................ 12,681,000 Provisions: 1. The funds appropriated in this item are to be allocated for research regarding tobacco use, with an emphasis on youth and young adults, including, but not limited to, the effects of active and passive smoking, the primary prevention of tobacco use, nicotine addiction and its treatment, the effects of secondhand smoke, and public health issues surrounding tobacco use. 2. Notwithstanding subdivision (a) of Section 1.80, the funds appropriated in this item are available for expenditure until June 30, 2014.SEC. 349.Item 6440-001-8054 of Section 2.00 of the Budget Act of 2011 is amended to read: 6440-001-8054--For support of University of California, payable from the California Cancer Research Fund........................ 425,000 Provisions: 1. The funds appropriated in this item shall be used to conduct cancer research, education, and prevention and awareness activities in accordance with Chapter 330 of the Statutes of 2008, commencing with Section 18861.SEC. 350.Item 6440-301-0668 is added to Section 2.00 of the Budget Act of 2011, to read: 6440-301-0668--For capital outlay, University of California, payable from the Public Buildings Construction Fund Subaccount................................... 5,735,000 Schedule: San Diego Campus (1) 99.06.365-SIO Research Support Facilities- -Construction.............. 5,735,000 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 design and construction of the projects authorized by this item. 2. The University of California is 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 to be the lead or responsible agency for the 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 University of California from the requirements of the California Environmental Quality Act. This provision is declaratory of existing law.SEC. 351.Item 6440-302-0668 is added to Section 2.00 of the Budget Act of 2011, to read: 6440-302-0668--For capital outlay, University of California, payable from the Public Buildings Construction Fund Subaccount................................... 39,595,000 Schedule: Irvine Campus (1) 99.09.390-Business Unit 2--Preliminary plans, working drawings, and construction.......... 39,595,000 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 design and construction of the projects authorized by this item. 2. The University of California is 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 to be the lead or responsible agency for the 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 University of California from the requirements of the California Environmental Quality Act. This provision is declaratory of existing law. 4. Notwithstanding any other provision of law, the appropriation made in this item is available for encumbrance until June 30, 2016. 5. The project identified in Schedule (1) may utilize design- build construction consistent with practices, policies, and procedures of the University of California.SEC. 352.Item 6440-492 is added to Section 2.00 of the Budget Act of 2011, to read: 6440-492--Reappropriation, University of California. The balances of the appropriations provided in the following citations are reappropriated for the purposes and subject to the limitations in those appropriations, unless otherwise specified: 0705--1992 Higher Education Capital Outlay Bond Fund (1) Item 6440-301-0705, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) Irvine Campus: (7) 99.09.355-Social and Behavioral Sciences Building- -Equipment 0658--1996 Higher Education Capital Outlay Bond Fund (1) Item 6440-301-0658, Budget Act of 2010 (Ch. 712, Stats. 2010) Merced Campus: (1) 99.11.055-Site Development and Infrastructure, Phase 4- -Preliminary plans, working drawings, construction, and equipment San Diego Campus: (1) 99.06.365-SIO Research Support Facilities--Preliminary plans and working drawings 6048--2006 University Capital Outlay Bond Fund (1) Item 6440-301-6048, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), as partially reappropriated by Item 6440- 491, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), Item 6440-491, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), and Item 6440-491, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) Davis Campus: (1.3) 99.03.355-King Hall Renovation and Expansion--Construction Irvine Campus: (2.5) 99.09.360-Primary Electrical Improvements Step 3- -Construction + (2) Item 6440-301-6048, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as partially reappropriated by Item 6440- 491, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), Item 6440-491, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and Item 6440-492, Budget Act of 2010 (Ch. 712, Stats. 2010) Riverside Campus: (8) 99.05.220-Boyce Hall and Webber Hall Renovations- -Construction San Diego Campus: (10) 99.06.370-Music Building- -Equipment + (3) Item 6440-301-6048, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) Riverside Campus: (1) 99.05.190-Materials Science and Engineering Building- -Equipment + (4) Item 6440-304-6048, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as partially reappropriated by Item 6440- 491, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), and Item 6440-491, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) Davis Campus: (1.5) 99.03.365-Telemedicine Resource Center and Rural PRIME Facility--Equipment + (5) Item 6440-304-6048, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) Statewide: (0.5) 99.00.100-Statewide Telemedicine Services Expansion--Equipment San Francisco Campus: (1) 99.02.155-Telemedicine and PRIME Urban Underserved Education Facilities--Equipment + (6) Item 6440-305-6048, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) Los Angeles Campus: (1) 99.04.290-Telemedicine and PRIME Facilities Phase 2- -Construction + (7) Item 6440-301-6048, Budget Act of 2010 (Ch. 712, Stats. 2010) Merced Campus: (2) 99.11.065-Site Development and Infrastructure Phase 6- -ConstructionSEC. 353.Item 6440-493 is added to Section 2.00 of the Budget Act of 2011, to read: 6440-493--Reappropriation, University of California. Notwithstanding any other provision of law, the periods to liquidate encumbrances of the following citations are extended to June 30, 2012: 6048--2006 University Capital Outlay Bond Fund (1) Item 6440-301-6048, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), as partially reappropriated by Item 6440- 491, Budget Act of 2007 (Chs. 171 and 172, Stats, 2007), Item 6440-491, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), and Item 6440-491, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) Davis Campus: (1.3) 99.03.355-King Hall Renovation and Expansion--Working drawings Irvine Campus: (2) 99.09.345-Biological Sciences Unit 3--Equipment + (2) Item 6440-302-6048, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006) Riverside Campus: (7) 99.05.215-Geology Building Renovations, Phase 2- -Construction + (3) Item 6440-301-6048, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as partially reappropriated by Item 6440- 491, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), Item 6440-491, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and Item 6440-492, Budget Act of 2010 (Ch. 712, Stats. 2010) Berkeley Campus: (1) 99.01.245-Campbell Hall Seismic Replacement Building- -Working drawings Davis Campus: (2) 99.03.350-Veterinary Medicine 3B--Working drawings Riverside Campus: (8) 99.05.220-Boyce Hall and Webber Hall Renovations- -Working drawings + (4) Item 6440-302-6048, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007) Irvine Campus: (3) 99.09.370-Arts Building- -Construction + (5) Item 6440-305-6048, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007) Irvine Campus: (1) 99.09.380-Telemedicine/PRIME Latino Community Facilities- -ConstructionSEC. 354.Item 6440-494 is added to Section 2.00 of the Budget Act of 2011, to read: 6440-494--Reappropriation, University of California. The balances of the appropriations provided in the following citations are reappropriated for the purposes and subject to the limitations in those appropriations, and are available for encumbrance or expenditure until June 30, 2015: 0660--Public Buildings Construction Fund (1) Item 6440-301-0660, Budget Act of 2010 (Ch. 712, Stats. 2010) Berkeley Campus: (1) 99.01.245-Campbell Hall Seismic Replacement Building--Construction Los Angeles Campus: (2) 99.04.325-CHS South Tower Seismic Renovation--Construction Santa Barbara Campus: (3) 99.08.145-Davidson Library Addition and Renewal--Working drawings and construction Merced Campus: (4) 99.11.050-Science and Engineering Building 2--ConstructionSEC. 354.5.Item 6610-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 6610-001-0001--For support of California State University........................... 2,072,713,000 Schedule: (1) Support.............. 2,722,713,000 (2) Budget Reduction..... -650,000,000 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. 3. Of the funds appropriated in Schedule (1), $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. 5. (a) The amount in Schedule (1) includes $6,251,000 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, 2012, on the total enrollment in the 2011-12 academic year in the baccalaureate nursing degree and entry-level master's degree nursing programs. 6. Of the amount 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. 7. It is the intent of the Legislature that if the budget reductions contained in this item necessitate the California State University to make budget reductions to its student academic preparation and outreach programs, those aggregate reductions shall be no greater, proportionally, than the reduction in overall General Fund support. 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, 2012. 8. The Director of Finance may augment this item by $150,000,000 if sufficient state General Fund revenues are available. The Department of Finance shall notify the Joint Legislative Budget Committee of any transfer made pursuant to this provision.SEC. 355.Item 6610-301-0668 is added to Section 2.00 of the Budget Act of 2011, to read: 6610-301-0668--For capital outlay, California State University, payable from the Public Buildings Construction Fund Subaccount................................ 201,185,000 Schedule: (1) 06.52.113-Chico: Taylor II Replacement Building-- Construction........ 52,891,000 (2) 06.56.066-Fresno: Faculty Office/Lab Building-- Construction........ 9,819,000 (3) 06.64.081-East Bay: Warren Hall Replacement Building-- Preliminary plans, working drawings and construction.... 48,975,000 (4) 06.83.004-Channel Islands: West Hall- - Construction...... 38,021,000 (5) 06.86.084-San Jose: Spartan Complex Seismic Renovation- - Construction...... 51,479,000 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 design and construction of the projects authorized by this item. 2. The California State University is 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 to be the lead or responsible agency for the 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 California State University from the requirements of the California Environmental Quality Act. This provision is declaratory of existing law.SEC. 356.Item 6610-301-6028 is added to Section 2.00 of the Budget Act of 2011, to read: 6610-301-6028--For capital outlay, California State University, payable from the 2004 University Capital Outlay Bond Fund........... 648,000 Schedule: Los Angeles Campus (1) 06.73.096-Los Angeles: Corporation Yard and Public Safety--Equipment............ 648,000 Provisions: 1. Identified savings in funds encumbered from this general obligation bond fund for construction contracts for capital outlay projects, remaining after completion of a capital outlay project and upon resolution of all change orders and claims, may be used prior to the appropriation reversion date: (a) to begin working drawings for a project for which preliminary plans funds have been appropriated and the plans have been approved by the State Public Works Board consistent with the scope and cost approved by the Legislature as adjusted for inflation only, (b) to proceed further with the underground tank correction program, (c) to perform engineering evaluations on buildings that have been identified as potentially in need of seismic retrofitting, or (d) to proceed with design and construction of projects to meet requirements under the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).SEC. 357.Item 6610-401 of Section 2.00 of the Budget Act of 2011 is amended to read: 6610-401--Identified savings in funds encumbered from the Higher Education Capital Outlay Bond Funds of 1996, 1998, 2002, and 2004, and from the 2006 University Capital Outlay Bond Fund, for capital outlay projects, remaining after completion of a capital outlay project and upon resolution of all change orders and claims, may be used: (a) to begin working drawings for a project for which preliminary plan funds have been appropriated and the plans have been approved by the State Public Works Board consistent with the scope and cost approved by the Legislature as adjusted for inflation only, (b) to proceed further with the underground tank corrections program, (c) to perform engineering evaluations on buildings that have been identified as potentially in need of seismic retrofitting, (d) to proceed with design and construction of projects to meet requirements under the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), or (e) to fund minor capital outlay projects. No later than November 1 of each year, the California State University shall prepare a report showing (a) the identified savings by project and (b) the purpose for which the identified savings were used. This report shall be submitted to the Chairperson of the Joint Legislative Budget Committee and to the chairpersons of the fiscal committees of each house of the Legislature.SEC. 358.Item 6610-492 is added to Section 2.00 of the Budget Act of 2011, to read: 6610-492--Reappropriation, California State University. The balances of the appropriations provided in the following citations are reappropriated for the purposes and subject to the limitations in those appropriations, unless otherwise specified: 0658--1996 Higher Education Capital Outlay Bond Fund (1) Item 6610-301-0658, Budget Act of 2010 (Ch. 712, Stats. 2010) Chico Campus: (1) 06.52.113-Taylor II Replacement Building--Preliminary plans and working drawings Fresno Campus: (2) 06.56.066-Faculty Office/Lab Building--Preliminary plans and working drawings Channel Islands Campus: (3) 06.83.004-West Hall--Preliminary plans and working drawings San Jose Campus: (4) 06.86.084-Spartan Complex Renovation (Seismic)--Preliminary plans and working drawingsSEC. 359.Item 6610-493 is added to Section 2.00 of the Budget Act of 2011, to read: 6610-493--Reappropriation, California State University. Notwithstanding any other provision of law, the period to liquidate encumbrances of the following citations is extended to June 30, 2012: 0574--1998 Higher Education Capital Outlay Bond Fund (1) Item 6610-301-0574, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as reappropriated by Item 6610-492, Budget Act of 2010 ( Ch. 712, Stats. 2010) Systemwide: (1) 06.48.315-Minor Capital Outlay- -Preliminary plans, working drawings, and construction 6028--2002 Higher Education Capital Outlay Bond Fund (1) Item 6610-301-6028, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as partially reappropriated by Item 6610-492, Budget Act of 2010 (Ch. 712, Stats. 2010) Systemwide: (1) 06.48.315-Minor Capital Outlay- -Preliminary plans, working drawings, and construction Monterey Campus: (2) 06.74.006-Monterey Bay Library- -Equipment 6041--2004 Higher Education Capital Outlay Bond Fund (1) Item 6610-302-6041, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as partially reappropriated by Item 6610-491 and as partially reverted by Item 6610-496, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), as partially reappropriated by Item 6610- 491, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), and as partially reappropriated by Item 6610-492, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), and Item 6610- 492, Budget Act of 2010 (Ch. 712, Stats. 2010) Fresno Campus: (3) 06.56.093-Library Addition and Renovation--Construction 6048--2006 University Capital Outlay Bond Fund (1) Item 6610-301-6048, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006) Long Beach Campus: (4) 06.71.110-Peterson Hall 3 Replacement--Construction (2) Item 6610-301-6048, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), as partially reappropriated by Item 6610-492, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) Systemwide: (1) 06.48.315-Minor Capital Outlay- -Preliminary plans, working drawings, and construction (3) Item 6610-302-6048, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007) Fresno Campus: (3) 06.56.093-Library Addition and Renovation--EquipmentSEC. 360.Item 6610-495 is added to Section 2.00 of the Budget Act of 2011, to read: 6610-495--Reversion, California State University. As of June 30, 2011, the balance of the appropriation provided in the following citation shall revert to the fund from which the appropriation was made: 0574--1998 Higher Education Capital Outlay Bond Fund (1) Item 6610-301-0574, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) (1) 06.73.096-Los Angeles: Corporation Yard and Public Safety--EquipmentSEC. 361.Item 6870-101-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 6870-101-0001--For local assistance, Board of Governors of the California Community Colleges (Proposition 98)..... 2,560,233,000 Schedule: (1) 10.10.010- 2,162,888, Apportionments........ 000 (2) 10.10.020- Apprenticeship........ 7,174,000 (3) 10.10.030-Growth for Apportionments........ 0 (4) 20.10.004-Student Success for Basic Skills Students....... 20,037,000 (5) 20.10.005-Student Financial Aid Administration........ 56,741,000 (6) 20.10.020-Disabled Students.............. 69,223,000 (7) 20.10.045-Special Services for CalWORKs Recipients............ 26,695,000 (8) 20.10.060-Foster Care Education Program..... 5,254,000 (9) 20.10.070- Matriculation......... 49,183,000 (10) 20.20.020-Academic Senate for the Community Colleges.... 318,000 (11) 20.20.041-Equal Employment Opportunity pursuant to Ch. 1169, Stats. 2002.................. 767,000 (12) 20.20.050-Part-time Faculty Health Insurance............. 490,000 (13) 20.20.051-Part-time Faculty Compensation.. 24,907,000 (14) 20.20.055-Part-time Faculty Office Hours.. 3,514,000 (15) 20.30.011- Telecommunications and Technology Services.............. 15,290,000 (16) 20.30.050-Economic Development........... 22,929,000 (17) 20.30.070-Transfer Education and Articulation.......... 698,000 (18) 20.40.026-Physical Plant and Instructional Support. 0 (19) 20.10.010-Extended Opportunity Programs and Services and Special Services...... 73,605,000 (20) 20.30.045-Fund for Student Success....... 3,792,000 (21) 20.70.010-Career Technical Education... 0 (22) 20.80.010-Campus Child Care Tax Bailout............... 3,350,000 (23) 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 2011-12 fiscal year to Section B of the State School Fund. 2. 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. 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 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 outcomes from the most recently completed fiscal year for which data is available pursuant to Section 84754.5 of the Education Code. 4. 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. 5. 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. 6. (a) The amount appropriated in Schedule (2) 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. 7. Funds appropriated in Schedule (3), 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. 8. Notwithstanding any other provision of law, funds appropriated in Schedule (3), 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 Section 2.00 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. 9. The funds appropriated in Schedule (4), 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 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 Legislature on basic skills accountability using system- and college- level data and an annual report each year thereafter by September 1. 10. (a) Of the funds appropriated in Schedule (5) for Student Financial Aid Administration, not less than $12,562,000 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 (5), not less than $7,179,000 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 (5), $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 and 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 (5), 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 as 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 directly 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 Section 2.00 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 2008-09 and 2009-10 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 2011- 12 fiscal year shall be determined in this act. 11. (a) The funds appropriated in Schedule (6) 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 (6), no less than $3,166,000 shall be used to address deficiencies identified by the federal Office of Civil Rights (OCR), as determined by the Office of the Chancellor of the California Community Colleges. (c) Of the amount appropriated in Schedule (6), 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 (6), $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 three hospitals are not supported by the community colleges in any portion of the 2011-12 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 2011-12 fiscal year, the Proposition 98 base funding levels for community colleges and DDS shall be adjusted accordingly. (e) Of the funds appropriated in Schedule (6) 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. 12. The funds appropriated in Schedule (7), 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 (7) 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 (7), $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 2011-12 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 (7), by the fourth week following the end of the semester or quarter term commencing in January 2012, each participating community college 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 (7) 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 (7) 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. 13. Funds appropriated in Schedule (7) 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. 14. (a) Funds provided in Schedule (8) 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 (8) 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. 15. (a) Funds appropriated in Schedule (9) 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 (9), $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. 16. The funds in Schedule (13) 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. 17. (a) $14,151,000 of the funds provided in Schedule (15) 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 system 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 Section 2.00 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 Section 2.00 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 Section 2.00 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 (15), $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. 18. Of the funds provided in Schedule (16) 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 or 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. 19. (a) The funds appropriated in Schedule (17) 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 (17) is provided to directly offset any mandated costs claimed by community college districts pursuant to Chapter 737 of the Statutes of 2004. 20. (a) One-half of any funds appropriated in Schedule (18) 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 (18) 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 (18) shall be available for expenditure until June 30, 2013. 21. Of the funds appropriated in Schedule (19) for Extended Opportunity Programs and 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. 22. Of the funds appropriated in Schedule (19) for the Extended Opportunity Programs and 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. 23. The funds appropriated in Schedule (20) 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 dollar 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. 24. 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 (6), (9), (11), and (19) 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. 25. (a) All funds appropriated in Schedule (21) 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 (21) 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. 26. The funds appropriated in Schedule (22) 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. 27. With regard to the funds appropriated in Schedule (23), 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 2010-11 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. 28. 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 (2), (9), (10), (11), (12), (13), (14), (16), (17), (18), and (22) 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 (10), (16), and (17) in support of statewide or regional functions. 29. Notwithstanding any other provision of law, the Chancellor of the California Community Colleges may reduce community college district base workload measures to match available funding under Schedule (1), which reflects a base reduction of $290,000,000 to support community college district general apportionments. It is the intent of the Legislature that community college districts, to the greatest extent possible, shall implement any necessary workload reductions in courses and programs outside of those needed by students to achieve their basic skills, workforce training, or transfer goals. On or before April 15, 2012, the chancellor shall provide the fiscal committees of both houses of the Legislature and the Director of Finance with a report on the implementation of this provision.SEC. 362.Item 6870-111-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 6870-111-0001--For local assistance, Board of Governors of the California Community Colleges........ 0 Schedule: (1) 10.20-CalWORKs Services.... 8,000,000 (2) 20.10.060-Foster Parent Training................... 6,112,000 (3) 20.30.030-Vocational Education.................. 65,550,000 (5) 20.30.050-Economic Development................ 3,753,000 (6) Reimbursements............. -83,415,000 Provisions: 1. The funds appropriated in Schedules (1) and (3) are for transfer by the Controller to Section B of the State School Fund. 2. The funds appropriated in Schedule (1) are to fund additional fixed, variable, and one-time costs for providing support services and instruction for CalWORKs students that include, but are not limited to, job placement and coordination, curriculum development and redesign, child care and workstudy, and instruction. As a condition of receiving funding, colleges are required to submit a plan to the Office of the Chancellor of the California Community Colleges describing how the funds will be utilized, which shall be based on collaboration with county welfare offices regarding the services and instruction that are needed for CalWORKs recipients. 6. The funds appropriated in Schedule (5) reflect $2,903,000 to support interagency agreements between the Office of the Chancellor of the California Community Colleges and the Employment Development Department for the continued support of the Governor's Nursing Initiative. 7. The funds appropriated in Schedule (5) reflect an increase of $850,000 to support an interagency agreement with the California Energy Commission for the purpose of expanding the Transportation Technologies and Energy Program. 8. Of the funds appropriated in Schedule (3), $2,222,000 is provided in one-time carryover funds.SEC. 363.Item 6870-295-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 6870-295-0001--For local assistance, Board of Governors of the California Community Colleges (Proposition 98), for reimbursement, in accordance with provisions of Section 6 of Article XIII B of the California Constitution or Section 17561 of the Government Code, of the costs of any new program or increased level of service of an existing program mandated by statute or executive order, for disbursement by the Controller................. 9,541,000 Schedule: (1) 98.01.001.184-Health Fees (Ch. 1, 1983-84 2nd Ex. Sess.) (CSM 4206)................... 5,907,000 (2) 98.01.090.896-Sex Offenders: Disclosure Requirements (Ch. 908, Stats. 1996) (CSM-97-TC- 15)..................... 1,000 (3) 98.01.028.498-Law Enforcement Jurisdiction Agreements (Ch. 284, Stats. 1998) (CSM-98-TC-20).......... 0 (4) 98.01.007.778-Absentee Ballots (Ch. 77, Stats. 1978; Ch. 1032, Stats. 2002) (02-PGA-02)....... 1,000 (5) 98.01.096.175- Collective Bargaining (Ch. 961, Stats. 1975) (CSM 4425, 97-TC-08).... 444,000 (6) 98.01.112.096-Health Benefits for Survivors of Peace Officers and Firefighters (Ch. 1120, Stats. 1996) (97-TC-25). 0 (7) 98.01.111.692- Integrated Waste Management (Ch. 1116, Stats. 1992) (00-TC-07). 0 (8) 98.01.000.005- Enrollment Fee Collection and Waivers (Title 5) (99-TC-13) (00-TC-15).............. 3,000,000 (9) 98.01.042.390-Sexual Assault Response Procedures (Ch. 423, Stats. 1990) (99-TC-12). 0 (10) 98.01.124.992-Threats Against Peace Officers (Ch. 1249, Stats. 1992, et al.)................. 1,000 (11) 98.01.089.300-Agency Fee Arrangements (Ch. 893, Stats. 2000; Ch. 805, Stats. 2001) (00-TC-17) (01-TC-14)... 57,000 (12) 98.01.060.394-CA State Teachers Retirement System Services Credit (Ch. 603, Stats. 1994, et al.) (02-TC-19)...... 101,000 (13) 98.01.041.601-Reporting Improper Governmental Activities (Ch. 416, Stats. 2001, et al.) (02-TC-24).............. 13,000 (14) 98.01.064.186-Open Meetings/Brown Act (Ch. 641, Stats. 1986) (CSM 4257)................... 0 (15) 98.01.049.675-Mandate Reimbursement Process (Ch. 486, Stats. 1975).. 1,000 (16) 98.01.012.693-Law Enforcement Sexual Harassment Training (Ch. 126, Stats. 1993) (97-TC-07).............. 0 (17) 98.01.117.096-Grand Jury Proceedings (Ch. 1170, Stats. 1996, et al.) (98-TC-27)......... 0 (18) 98.01.015.901-Cal Grants (Ch. 159, Stats. 2001) (02-TC-28)........ 1,000 (19) 98.01.007.875-Tuition Fee Waivers (Ch. 78, Stats. 1975, et al.) (02-TC-21).............. 13,000 (20) 98.01.059.389-Student Records (Ch. 593, Stats. 1989) (02-TC-34). 0 (21) 98.01.124.978- Prevailing Wage Rate (Ch. 1249, Stats. 1978) (01-TC-28).............. 1,000 Provisions: 1. Allocation of funds appropriated in this item to the appropriate local entities shall be made by the Controller in accordance with the provisions of each statute or executive order that mandates the reimbursement of the costs, and shall be audited to verify the actual amount of the mandated costs in accordance with subdivision (d) of Section 17561 of the Government Code. Audit adjustments to prior- year claims may be paid from this item. Funds appropriated in this item may be used to provide reimbursement pursuant to Article 5 (commencing with Section 17615) of Chapter 4 of Part 7 of Division 4 of Title 2 of the Government Code. 2. If any of the scheduled amounts are insufficient to provide full reimbursement of costs, the Controller may, upon notifying the Director of Finance in writing, augment those deficient amounts from the unencumbered balance of any other scheduled amounts therein. No order may be issued pursuant to this provision unless written notification of the necessity therefor is provided 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 his or her designee. 3. Pursuant to Section 17581.5 of the Government Code, the mandates identified in Schedules (3), (6), (7), (9), (16), (17), and (20) are specifically identified by the Legislature for suspension until June 30, 2013.SEC. 364.Item 6870-301-6049 is added to Section 2.00 of the Budget Act of 2011, to read: 6870-301-6049--For capital outlay, Board of Governors of the California Community Colleges, to be allocated by the board of governors to community college districts for expenditure as set forth in the schedule below, payable from the 2006 California Community College Capital Outlay Bond Fund................................... 48,618,000 Schedule: Coast Community College District Orange Coast College (1) 40.11.313-Music Building Modernization-- Construction......... 3,489,000 San Francisco Community College District City College of San Francisco (2) 40.48.113-Performing Arts Complex-- Construction and equipment............ 38,274,000 Santa Clarita Community College District College of the Canyons (3) 40.54.117- Administration and Student Services Building-- Construction and equipment............ 6,855,000SEC. 365.Item 6870-491 is added to Section 2.00 of the Budget Act of 2011, to read: 6870-491--Reappropriation, Board of Governors of the California Community Colleges. The balances of the appropriations provided in the following citations are reappropriated for the purposes and subject to the limitations, unless otherwise specified, in those appropriations: 0705--1992 Higher Education Capital Outlay Bond Fund (1) Item 6870-301-0705, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008) Los Angeles Community College District Los Angeles Harbor College (1) 40.26.305-Library/Learning Resource Center--Equipment San Joaquin Delta Community College District San Joaquin Delta College (2) 40.49.109-Cunningham Math/Science Replacement- -Equipment 6041--2004 Higher Education Capital Outlay Bond Fund (1) Item 6870-301-6041, Budget Act of 2005 (Chs. 38 and 39, Stats. 2005), as partially reappropriated by Item 6870- 491, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), as partially reappropriated by Item 6870-490, and as partially reverted by Item 6870-497, Budget Act of 2007 (Chs. 171 and 172, Stats. 2007), as partially reappropriated by Item 6870-490, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), and as partially reappropriated by Item 6870-490, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) San Luis Obispo County Community College District North County Center (34) 40.51.202-Technology and Trades Complex--Construction and equipment 6049--2006 California Community College Capital Outlay Bond Fund (1) Item 6870-301-6049, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), as partially reappropriated by Item 6870-490, and as partially reverted by Item 6870-497, Budget Act of 2010 (Ch. 712, Stats. 2010) Redwoods Community College District College of the Redwoods (10) 40.42.107-New Science/Humanities Building Seismic Replacement--Working drawings and construction + (2) Item 6870-303-6049, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.) San Mateo County Community College District Canada College (1) 40.52.108-Electrical Infrastructure Replacement- -Construction Skyline College (2) 40.52.314-Electrical Infrastructure Replacement- -Construction + (3) Item 6870-301-6049, Budget Act of 2010 (Ch. 712, Stats. 2010) El Camino Community College District El Camino College Compton Center (1) 40.14.202-Infrastructure Replacement, Phase 2- -Construction (2) 40.14.203-Allied Health Building--Working drawings and construction Kern Community College District Bakersfield College (3.2) 40.22.112-Performing Arts Modernization--Construction Riverside Community College District Moreno Valley College (5) 40.44.208-Phase III Student Academic Services Building- -ConstructionSEC. 366.Item 6870-492 is added to Section 2.00 of the Budget Act of 2011, to read: 6870-492--Reappropriation, Board of Governors of the California Community Colleges. Notwithstanding any other provision of law, the periods to liquidate encumbrances of the following citations are extended to June 30, 2013: 6049--2006 California Community College Capital Outlay Bond Fund (1) Item 6870-303-6049, Budget Act of 2006 (Chs. 47 and 48, Stats. 2006), as partially reappropriated by Item 6870- 490, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as partially reappropriated by Item 6870-490 and as partially reverted by Item 6870-497, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009- 10 4th Ex. Sess.), and as partially reappropriated by Item 6870-490, Budget Act of 2010 (Ch. 712, Stats. 2010) Los Angeles Community College District Los Angeles Trade-Tech College (12) 40.26.703-Renovate and Modernize Building A--ConstructionSEC. 367.Item 6870-494 is added to Section 2.00 of the Budget Act of 2011, to read: 6870-494--Reappropriation, California Community Colleges, Proposition 98. The following amount is hereby reappropriated for career technical education pursuant to Section 88532 of the Education Code and shall be available for encumbrance or expenditure until June 30, 2012: (1) $2,030,000 from Schedule (21) of Item 6870-101-0001 of the Budget Act of 2008 (Chs. 268 and 269, Stats. 2008)SEC. 368.Item 7980-101-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 7980-101-0001--For local assistance, Student Aid Commission................... 1,392,619,000 Schedule: (1) 15-Financial Aid 1,486,710,0 Grants Program...... 00 (2) Reimbursements...... -17, 065 ,000 (2.5) Amount payable from the Student Loan Operating Fund (Item 7980-101- 0784)............... -62,250,000 (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) and Article 3 (commencing with Section 69530) of Chapter 2 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. (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. (g) The Student Aid Commission shall report by April 1, 2012, 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. If federal trust funds for the 2011-12 fiscal year exceed budgeted levels for the Leveraging Educational Assistance Partnership (LEAP) Program and the Special Leveraging Educational Assistance Partnership (SLEAP) Program, the funds appropriated shall, to the extent allowable by federal law, be reduced on a dollar-for-dollar basis. 3. 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 $90,300 for the Cal Grant A Program and $49,600 for the Cal Grant B Program for the purpose of determining recipients for the 2011-12 award year. 4. Notwithstanding any other provision of law, the maximum award for: (a) New recipients attending private and independent institutions shall be $9,708. (b) All recipients receiving Cal Grant B access awards shall be $1,551. (c) All recipients receiving Cal Grant C tuition and fee awards shall be $2,592. (d) All recipients receiving Cal Grant C book and supply awards shall be $576. (e) All University of California student recipients receiving Cal Grant awards shall be $11,124 or whatever lesser or greater amount is approved for mandatory systemwide fees by the Regents of the University of California for the 2011- 12 academic year. (f) All California State University student recipients receiving Cal Grant awards shall be $4,884 or whatever lesser or greater amount is approved for mandatory systemwide fees by the Trustees of the California State University for the 2011- 12 academic year. 5. Notwithstanding any other provision of law, the Student Aid Commission may not issue new warrants for the assumption of loans for 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. 6. 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 those persons, or their designees, may in each instance determine. 7. The Student Aid Commission is authorized to issue 100 new warrants for 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. 8. The Student Aid Commission shall issue 100 new State Nursing Assumption Program of Loans for Education (SNAPLE) warrants pursuant to Article 1 (commencing with Section 70100) of Chapter 3 of Part 42 of Division 5 of Title 3 of the Education Code. 9. Of the funds appropriated in Schedules (1) and (2), $0 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. 10. Of the funds appropriated in Schedules (1) and (2), $3,017,000 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. 11. Of the funds appropriated in Schedules (1) and (2), $889,000 reflects reimbursements from the California Emergency Management Agency for costs of loan repayment assistance under the John R. Justice Grant Program.SEC. 369.Item 7980-101-0784 of Section 2.00 of the Budget Act of 2011 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............................ 62,250,000SEC. 370.Item 7980-101-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 7980-101-0890--For local assistance, Student Aid Commission, for payment to Item 7980-101-0001, payable from the Federal Trust Fund......................... 14,776,000 Provisions: 2. Of the funds appropriated in this item, $200,000 is available for the Cash for College Program. This amount reflects funds anticipated from the College Access Challenge Grant Program for the 2011-12 through 2014-15 federal fiscal years. 3. Of the funds appropriated in this item, $7,349,000 is available for California Student Opportunity and Access Program (Cal-SOAP), established under Article 4 (commencing with Section 69560) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, and shall be for contract agreements and shall be available to provide financial aid awareness and outreach to students who are preparing to enter, or are currently enrolled in, college. Of this amount, $1,000,000 is dedicated for career technical education and the resulting career opportunities. The Student Aid Commission shall consult with the State Department of Education and the Office of the Chancellor of the California Community Colleges in determining the projects and activities for these funds. This amount reflects funds anticipated from the College Access Challenge Grant Program for the 2011-12 through 2014-15 federal fiscal years. 4. Of the funds appropriated in this item, $7,227,000 is available for the purpose of offsetting General Fund costs of financial aid programs. This amount reflects funds anticipated from the College Access Challenge Grant Program. Nothing in this provision shall limit the number of new loan assumption warrants issued up to the maximum numbers authorized in Item 7980-101-0001.SEC. 371.Item 7100-001-0869 of Section 2.00 of the Budget Act of 2011 is amended to read: 7100-001-0869--For support of state programs under the Workforce Investment Act (WIA), Employment Development Department, payable from the Consolidated Work Program Fund......................... 162,451,000 Schedule: (1) 61.35-WIA Administration and Program Services............ 23,346,000 (2) 61.40-WIA Growth Industries.......... 4,603,000 (3) 61.50-WIA Industries with a Statewide Need...... 16,511,000 (4) 61.60-WIA Removing Barriers for Special Needs Populations......... 24,717,000 (5) 61.70-WIA Rapid Response Activities. 48,104,000 (5.5) 61.80-WIA Special Grants.............. 170,000 (6) 62.10-National Emergency Grant Program............. 45,000,000 Provisions: 1. Provision 1 of Item 7100-001- 0588 also applies to Schedules (1) and (5) of this item. 1.5. For Schedules (2), (3), and (4), the Employment Development Department (EDD) shall submit on October 1, 2011, and April 20, 2012, to the Department of Finance for its review and approval an estimate of expenditures for both the current and prior budget fiscal years, including the assumptions and calculations underlying the EDD's projections for expenditures from these schedules. To the extent the EDD identifies unspent or receives unanticipated additional federal WIA 15-percent discretionary funds, the Department of Finance may increase expenditure authority for Schedules (2) to (4), inclusive, if the additional funding is consistent with the expenditure plan for WIA discretionary funds in this item and meets the four requirements set forth in subdivision (b) of Section 28.00. Any such augmentation exceeding $250,000 may be authorized not sooner than 30 days after written notification is provided to the chairpersons of the committees in each house of the Legislature that consider the State Budget, and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may in each instance determine. 1.7. For Schedules (2), (3), and (4), in the event that the Employment Development Department is notified of a reduction in federal Workforce Investment Act (WIA) 15-percent discretionary funds, the Department of Finance may decrease expenditure authority for Schedules (2) to (4), inclusive. Any such decrease that exceeds $250,000 may be authorized not sooner than 30 days after notification in writing is provided to the chairpersons of the committees in each house of the Legislature that consider the State Budget, and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may in each instance determine. 2. The Secretary of Labor and Workforce Development is authorized to transfer up to $500,000 of the funds appropriated in this item to the California Workforce Investment Board, Federal Trust Fund, Item 7120-001-0890, to facilitate the implementation and operation of the WIA Program. Any transfer made pursuant to this provision shall be reported in writing to the Department of Finance, the chairpersons of the fiscal committees of each house of the Legislature, and the Chairperson of the Joint Legislative Budget Committee within 30 days of the date of the transfer. 3. Notwithstanding any other provision of law, the Secretary of Labor and Workforce Development is authorized to transfer funds between categories (Schedules (1) to (4), inclusive) as included in the schedule to be used for projects. Any transfer made pursuant to this provision shall be reported in writing to the Department of Finance, the chairpersons of the fiscal committees of each house of the Legislature, and the Chairperson of the Joint Legislative Budget Committee within 30 days of the date of the transfer. 5. During the 2011-12 fiscal year, notwithstanding Provisions 1 to 3, inclusive, funds appropriated in Schedules (2) to (4), inclusive, are not authorized for expenditure until the Employment Development Department and the Department of Finance submit a detailed plan for expenditure based on the available federal funding. It is the intent of the Legislature that this plan be submitted by September 1, 2011. The expenditure of funds shall be authorized not sooner than 30 days after this detailed expenditure plan is provided to the chairpersons of the committees in each house of the Legislature that consider the State Budget, and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may in each instance determine.SEC. 372.Item 7100-001-0870 of Section 2.00 of the Budget Act of 2011 is amended to read: 7100-001-0870--For support of Employment Development Department, payable from the Unemployment Administration Fund-- Federal................................... 719,115,000 Schedule: (1) 10-Employment and Employment Related Services............ 177,966,000 (2) 21-Tax Collections and Benefit Payments............ 850,743,000 (3) 22-California Unemployment Insurance Appeals Board............... 102,529,000 (4) 30.01-General Administration...... 51,279,000 (5) 30.02-Distributed General Administration...... -51,004,000 (6) 50-Employment Training Panel...... 45,479,000 (7) Reimbursements...... -22,429,000 (8) Amount payable from the General Fund (Item 7100-001- 0001)............... -41,526,000 (9) Amount payable from the Employment Development Department Benefit Audit Fund (Item 7100-001-0184)...... -14,953,000 (10) Amount payable from the Employment Development Contingent Fund (Item 7100-001- 0185)............... -47,372,000 (11) Amount payable from the Employment Training Fund (Item 7100-001-0514)...... -50,831,000 (12) Amount payable from the Unemployment Compensation Disability Fund (Item 7100-001- -264,271,00 0588)............... 0 (12.5) Amount payable from the Unemployment Fund-- Federal (Item 7100-001- 0871) .............. -15,567,000 (13) Amount payable from the School Employees Fund (Item 7100-001- 0908)............... -928,000 Provisions: 1. Funds appropriated in this item are in lieu of the amounts that otherwise would have been appropriated pursuant to Section 1555 of the Unemployment Insurance Code. 2. Provision 1 of Item 7100-001- 0588 also applies to funds appropriated in this item for the Unemployment Insurance Program.SEC. 373.Item 7100-001-0871 is added to Section 2.00 of the Budget Act of 2011, to read: 7100-001-0871--For support of Employment Development Department, for payment to Item 7100-001-0870, payable from the Unemployment Fund--Federal................ 15,567,000SEC. 374.Item 7100-002-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 7100-002-0001--For support of Employment Development Department..................... 319,510,000 Provisions: 1. The funds appropriated in this item may only be used for the payment of interest due for an Unemployment Fund loan secured to pay Unemployment Insurance benefits. 2. Notwithstanding any other provision of law and sections of this act, the Department of Finance may augment this item based on the calculation of actual interest due to the federal government. The Employment Development Department will notify the Department of Finance by September 1, 2011, of the estimated interest payment. 3. Any augmentation pursuant to Provision 2 of this item, and the actual interest paid shall be reported in writing to the chairpersons of the fiscal committees of each house of the Legislature, and the Chairperson of the Joint Legislative Budget Committee within 30 days. 4. Any funds appropriated in excess of the amount required for this interest payment shall revert to the General Fund on October 15, 2011.SEC. 375.Item 7100-011-0588 of Section 2.00 of the Budget Act of 2011 is amended to read: 7100-011-0588--For transfer by the Controller from the Unemployment Compensation Disability Fund, upon order of the Director of Finance, to the General Fund.............................. (319,510,000) Provisions: 1. The amount transferred in this item is a loan from the Unemployment Compensation Disability Fund to the General Fund. 2. The Director of Finance may augment this item based on the actual interest due to the federal government. The Employment Development Department will notify the Department of Finance by September 1, 2011, of the estimated interest payment. 3. The loan from the Unemployment Compensation Disability Fund to the General Fund made during the fiscal year ending June 30, 2012, shall be paid back with interest, as specified in Section 16314 of the Government Code, no later than June 30, 2016. 4. The loan from the Unemployment Compensation Disability Fund shall only be made from surplus Unemployment Compensation Disability Fund funds. Loans shall not interfere with the carrying out of the object for which the Unemployment Compensation Disability Fund was created. 5. The annual contribution rate for the Unemployment Compensation Disability Fund shall not increase as the result of any loan made to the General Fund. In calculating the annual disability insurance tax rate each year, the Employment Development Department shall treat outstanding Unemployment Compensation Disability Fund loans as available cash in the Unemployment Compensation Disability Fund.SEC. 376.Item 7100-012-0890 is added to Section 2.00 of the Budget Act of 2011, to read: 7100-012-0890--For support of Employment Development Department, payable from the Federal Trust Fund, for transfer to the Unemployment Fund-- Federal............... (15,567,000)SEC. 377.Item 8380-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 8380-001-0001--For support of Department of Personnel Administration...................... 6,631,000 Schedule: (1) 30-Personnel Management............. 15,841,000 (2) 40.01-Administration... 4,289,000 (3) 40.02-Distributed Administration......... -4,289,000 (4) 54-Benefits Administration......... 28,025,000 (5) Reimbursements......... -17,903,000 (6) Amount payable from the Flexelect Benefit Fund (Item 8380-001- 0821).................. -1,380,000 (7) Amount payable from the Deferred Compensation Plan Fund (Item 8380-001-0915)... -15,028,000 (8) Amount payable from the Central Service Cost Recovery Fund (Item 8380-001-9740)... -2,924,000 Provisions: 1. The Department of Personnel Administration may use funds appropriated in this item to complete comprehensive salary surveys that include private and public employers, geographical data, and total compensation. The department shall provide to the appropriate fiscal and policy committees of each house of the Legislature and the Legislative Analyst, within 30 days of completion, each completed salary survey report. 3. The Department of General Services, with the consent of the Department of Personnel Administration and the State Personnel Board, may enter into a lease, lease-purchase agreement, or lease with an option to purchase for a build-to-suit facility for the colocation of the Department of Personnel Administration and the State Personnel Board in the Sacramento area, subject to Department of Finance approval of the terms and conditions of the agreement. At least 30 days prior to entering into any agreement, the Department of General Services shall notify the chairpersons of the committees in each house of the Legislature that consider appropriations and the Joint Legislative Budget Committee of the terms and conditions of the agreement. If the Joint Legislative Budget Committee does not express any opposition, the Department of General Services may proceed with the agreement after 30 days from when the Department of General Services gave notice to the chairpersons.SEC. 378.Item 8380-496 is added to Section 2.00 of the Budget Act of 2011, to read: 8380-496--Reversion, Department of Personnel Administration. As of June 30, 2011, the amounts specified below of the appropriations provided in the following citations shall revert to the balances of the funds from which the appropriations were made: 0001--General Fund (1) Item 8380-001-0001, Budget Act of 2010 (Ch. 712, Stats. 2010), for recruitment of medical professionals.............. 350,000 (2) Item 8380-001-0001, Budget Act of 2009 (Ch. 1, 2009- 10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), for recruitment contracts for medical professionals...... 350,000SEC. 379.Item 8570-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 8570-001-0001--For support of Department of Food and Agriculture.................... 65,593,000 Schedule: (1) 11-Agricultural Plant and Animal Health, Pest Prevention, Food Safety Services..... 170,693,000 (2) 21-Marketing, Commodities, and Agricultural Services............ 16,407,000 (3) 31-Assistance to Fairs and County Agricultural Activities.......... 3,233,000 (4) 41.01-Executive, Management, and Administrative Services............ 14,552,000 (5) 41.02-Distributed Executive, Management, and Administrative Services............ -13,378,000 (6) 51-General Agricultural Activities.......... 25,983,000 (7) Reimbursements...... -10,818,000 (8) Amount payable from the Motor Vehicle Account, State Transportation Fund (Item 8570-001- 0044)............... -6,612,000 (9) Amount payable from the Department of Agriculture Account, Department of Food and Agriculture Fund (Item 8570-001- 0111)............... -31,686,000 (11) Amount payable from the Fair and Exposition Fund (Item 8570-001- 0191)............... -3,926,000 (12) Amount payable from the Harbors and Watercraft Revolving Fund (Item 8570-001- 0516)............... -4,044,000 (13) Amount payable from the Department of Agriculture Building Fund (Item 8570-001-0601)...... -1,959,000 (14) Amount payable from the Federal Trust Fund (Item 8570-001- 0890)............... -91,819,000 (15) Amount payable from the Antiterrorism Fund (Item 8570-001- 3034)............... -537,000 (16) Amount payable from the Municipal Shelter Spay-Neuter Fund (Item 8570-001- 8055)............... -10,000 (17) Amount payable from the Satellite Wagering Account (Item 8570-012- 0192)............... -486,000 Provisions: 1. The Secretary of Food and Agriculture shall furnish to the Director of Finance and the Chairperson of the Joint Legislative Budget Committee annual reports on all expenditures from all fund sources for emergency detection and eradication activities relating to agricultural plant or animal pests or diseases for which no other program funds are available to be used to detect or eradicate such pest or disease if the pest or disease is not considered established in California and the pest or disease infests or infects plants or animals of commercial or noncommercial agriculture, ornamental horticultural, or habitat of significance. The report shall specify the amount expended by funding source, the activities performed, the pest or disease, the location where the pest was detected, the location where the eradication efforts were performed, and the animal or plant affected for each emergency detection or eradication. 4. The Department of Food and Agriculture shall require full public participation, including public meetings, from all major regions of the state for each notification of proposed actions within the Light Brown Apple Moth program. Further, it is the intent of the Legislature that funding appropriated in this item for Light Brown Apple Moth program activities shall be reduced by $700,000 in the 2011- 12 fiscal year and an additional $900,000 in the 2012-13 fiscal year. These reductions will be counted as part of the department's overall reduction of $15,000,000 from the General Fund in the 2011-12 fiscal year ($30,000,000 in the 2012-13 fiscal year and annually thereafter).SEC. 380.Item 8570-001-0111 of Section 2.00 of the Budget Act of 2011 is amended to read: 8570-001-0111--For support of Department of Food and Agriculture, for payment to Item 8570-001-0001, payable from the Department of Agriculture Account, Department of Food and Agriculture Fund.... 31,686,000 Provisions: 1. The amount appropriated in this item includes revenues derived from the assessment of fines and penalties imposed as specified in Section 13332.18 of the Government Code.SEC. 381.Item 8570-001-0516 of Section 2.00 of the Budget Act of 2011 is amended to read: 8570-001-0516--For support of Department of Food and Agriculture, for payment to Item 8570-001-0001, payable from the Harbors and Watercraft Revolving Fund..... 4,044,000SEC. 382.Item 8570-004-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 8570-004-0001--For transfer by the Controller to the Pierce's Disease Management Account.......................... 3,066,000 Provisions: 1. The funds appropriated in this item shall be deposited in the Pierce's Disease Management Account in the Department of Food and Agriculture Fund and shall be available for expenditure for the purpose of combating Pierce's disease and its vectors.SEC. 383.Item 8570-011-0191 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 384.Item 8570-101-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 8570-101-0001--For local assistance, Department of Food and Agriculture........... 9,555,000 Schedule: (1) 11-Agricultural Plant and Animal Health; Pest Prevention; Food Safety Services................... 9,555,000SEC. 385.Item 8570-101-0191 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 386.Item 8570-102-0001 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 387.Item 8570-111-0001 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 388.Item 8570-403 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 389.Item 8570-491 is added to Section 2.00 of the Budget Act of 2011, to read: 8570-491--Reappropriation, Department of Food and Agriculture. The balances of the appropriations provided for 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 8570-301-0660, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as reappropriated by Item 8570-491, Budget Act of 2010 (Ch. 712, Stats. 2010) (1) 90.31.010 California Animal Health and Food Safety Laboratory: Tulare/Fresno: Laboratory Consolidation and Replacement--Working drawings, construction, and equipment (2) Item 8570-301-0660, Budget Act of 2009 (Ch. 1, 2009-10 3rd Ex. Sess., as revised by Ch. 1, 2009-10 4th Ex. Sess.), as reappropriated by Item 8570-491, Budget Act of 2010 (Ch. 712, Stats. 2010) (1) 90.18.001--Relocation: Yermo Agriculture Inspection Station- -Acquisition, preliminary plans, working drawings, and constructionSEC. 390.Item 8660-001-0462 of Section 2.00 of the Budget Act of 2011 is amended to read: 8660-001-0462--For support of Public Utilities Commission, payable from the Public Utilities Commission Utilities Reimbursement Account...................... 82,627,000 Schedule: (1) 10-Regulation of Utilities........... 173,502,000 (2) 15-Universal Service Telephone Programs............ 648,081,000 (3) 20-Regulation of Transportation...... 21,463,000 (4) 30.01- Administration...... 30,573,000 (5) 30.02-Distributed Administration...... -30,573,000 (6) Reimbursements...... -59,224,000 (6.5) Reimbursement to the Division of Ratepayer Advocates. -4,035,000 (7) Amount payable from the State Highway Account, State Transportation Fund (Item 8660-001- 0042)............... -3,610,000 (8) Amount payable from the Public Transportation Account, State Transportation Fund (Item 8660-001- 0046)............... -4,055,000 (9) Amount payable from the Transportation Rate Fund (Item 8660-001-0412)...... -2,695,000 (10) Amount payable from the Public Utilities Commission Transportation Reimbursement Account (Item 8660- 001-0461)........... -11,103,000 (11) Amount payable from the California High- Cost Fund-A Administrative Committee Fund (Item 8660-001- 0464)............... -56,339,000 (12) Amount payable from the California High- Cost Fund-B Administrative Committee Fund (Item 8660-001- 0470)............... -47,711,000 (13) Amount payable from the Universal Lifeline Telephone Service Trust Administrative Committee Fund (Item 8660-001- 0471)............... -375,006,000 (14) Amount payable from the Deaf and Disabled Telecommunications Program Administrative Committee Fund (Item 8660-001- 0483)............... -69,028,000 (15) Amount payable from the Payphone Service Providers Committee Fund (Item 8660-001- 0491)............... -72,000 (16) Amount payable from the California Teleconnect Fund Administrative Committee Fund (Item 8660-001- 0493)............... -75,094,000 (17) Amount payable from the Federal Trust Fund (Item 8660-001- 0890)............... -4,195,000 (18) Amount payable from the Public Utilities Commission Ratepayer Advocate Account (Item 8660- 001-3089)........... -23,421,000 (19) Amount payable from the California Advanced Services Fund (Item 8660-001- 3141)............... -24,831,000 Provisions: 1. The Public Utilities Commission shall require any public utility requesting a merger to reimburse the commission for those necessary expenses that the commission incurs in its consideration of the proposed merger. 2. No funds in this item shall be used to fund regulatory, statutory, or rulemaking processes related to distributed generation. Funds in this item may be used to explore policy options for distributed generation for presentation to the Legislature.SEC. 391.Item 8660-001-0890 of Section 2.00 of the Budget Act of 2011 is amended to read: 8660-001-0890--For support of Public Utilities Commission, for payment to Item 8660-001-0462, payable from the Federal Trust Fund................................ 4,195,000SEC. 392.Item 8660-001-3089 of Section 2.00 of the Budget Act of 2011 is amended to read: 8660-001-3089--For support of Public Utilities Commission, for payment to Item 8660-001-0462, payable from the Public Utilities Commission Ratepayer Advocate Account................................... 23,421,000SEC. 393.Item 8830-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 8830-001-0001--For support of California Law Revision Commission.......................... 0 Schedule: (1) 10-Law Revision Commission. 665,000 (2) Reimbursements............. -665,000 Provisions: 1. For the 2011- 12 fiscal year only, of the reimbursements identified in Schedule (2), the amount of $650,000 shall be paid from the amounts appropriated in Items 0160-001-0001 and 0160-001-9740.SEC. 394.Item 8840-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 8840-001-0001--For support of the California Commission on Uniform State Laws............. 0 Schedule: (1) 10-Support................. 148,000 (2) Reimbursements............. -148,000 Provisions: 1. For the 2011- 12 fiscal year only, the reimbursements identified in Schedule (2) shall be paid from the amounts appropriated in Items 0160- 001-0001 and 0160-001-9740.SEC. 395.Item 8860-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 8860-001-0001--For support of Department of Finance..................................... 20,814,000 Schedule: (1) 10-Annual Financial Plan.................. 25,696,000 (2) 15-Financial Information System for California (FI$Cal) Project Support............... 1,950,000 (3) 20-Program and Information System Assessments........... 13,710,000 (4) 30-Supportive Data.... 13,938,000 (4.5) 35-American Recovery and Reinvestment Act Oversight............. 1,235,000 (5) 40.01-Administration.. 7,278,000 (6) 40.02-Distributed Administration........ -7,278,000 (7) Reimbursements........ -18,828,000 (8) Amount payable from the General Fund (Item 8860-005-0001).. -333,000 (9) Amount payable from Unallocated Special Funds (Item 8860-011- 0494)................. -790,000 (10) Amount payable from Unallocated Bond Funds-- Select (Item 8860-011-0797)........ -172,000 (11) Amount payable from Various Other Unallocated Nongovernmental Cost Funds (Item 8860- 011-0988)............. -474,000 (12) Amount payable from the Local Streets and Road Improvement, Congestion Relief, and Traffic Safety Account of 2006, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 8860-001-6065).. -43,000 (13) Amount payable from the Central Service Cost Recovery Fund (Item 8860-001-9740).. -14,544,000 (14) Amount payable from the Central Service Cost Recovery Fund (Item 8860-002-9740).. -531,000 Provisions: 1. The funds appropriated in this item for the California State Accounting and Reporting System (CALSTARS) shall be transferred by the Controller, upon order of the Director of Finance, or made available by the Department of Finance as a reimbursement, to other items and departments for CALSTARS-related activities by the Department of Finance. 2. The funds appropriated in this act for purposes of data- processing costs related to the California State Accounting and Reporting System (CALSTARS) may be transferred between any items in this act by the Controller upon order of the Director of Finance. Any funds so transferred shall be used only for support of CALSTARS-related data-processing costs incurred. 3. Notwithstanding any other provision of law, the Director of Finance may authorize a loan from the General Fund to the Department of Finance for the purpose of meeting operational cashflow obligations for the 2011- 12 fiscal year. The loan shall not exceed the estimated amount of uncollected reimbursements for the final quarter of the fiscal year. 4. From the funds appropriated in Schedule (4) for the purpose of evaluating and continuing development and enhancement of the Governor's Budget Presentation System (GBPS), the following provisions apply: (a) From time to time, but no later than December 1 of each year, the Department of Finance shall update the Legislature on anticipated changes to the GBPS. In addition, the Department of Finance shall (1) no later than approximately the same time the Governor's Budget is formally presented in electronic or any other Web-based form, provide printed and bound hard copies of the Governor's Budget and Governor's Budget Summary as follows: 45 copies to the Legislative Analyst's Office, 6 copies to the Legislative Counsel Bureau, 120 copies for offices of the Members of the Legislature, 5 copies to the Senate Committee on Rules, 5 copies to the Assembly Committee on Rules, and 60 copies to the fiscal committees of the Legislature, and (2) no later than four weeks after the Governor's Budget is formally presented in electronic or any other Web-based form, 131 printed and bound hard copies of the Governor's Budget and Governor's Budget Summary shall be provided as follows: 2 copies to the State Library, to ensure that the State Librarian maintains at least one public copy and one for the permanent research collections, and 129 copies, one copy to be provided to each depository public library in the state. Additional copies, either bound or unbound, shall be available for purchase by the public based on the cost of producing the documents requested. Whenever the Department of Finance submits to the Legislature changes to the Governor's Budget or to the Budget Bill, these requests shall be provided in hard copy form to the Legislature, including the appropriate staff of the fiscal committees and the Legislative Analyst's Office. Whenever the Department of Finance releases a document summarizing changes proposed for the Governor's Budget or to the Budget Bill, the Department of Finance shall provide the summaries in hard copy form to the Legislature, including the appropriate staff of the fiscal committees and the Legislative Analyst's Office. (b) Notwithstanding any other provision of law, the Department of Finance may amend its existing contract with the Internet Web development firm to augment and continue consulting services until June 30 of each year, for the purpose of providing continuity of services.SEC. 396.Item 8860-001-6065 of Section 2.00 of the Budget Act of 2011 is amended to read: 8860-001-6065--For support of Department of Finance, for payment to Item 8860-001- 0001, payable from Local Streets and Road Improvement, Congestion Relief, and Traffic Safety Account of 2006, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006............ 43,000SEC. 397.Item 8860-001-9740 of Section 2.00 of the Budget Act of 2011 is amended to read: 8860-001-9740--For support of Department of Finance, for payment to Item 8860-001- 0001, payable from Central Service Cost Recovery Fund............................. 14,544,000SEC. 398.Item 8860-011-0494 of Section 2.00 of the Budget Act of 2011 is amended to read: 8860-011-0494--For support of Department of Finance, for payment to Item 8860-001-0001, payable from Other Unallocated Special Funds....................................... 790,000 Provisions: 1. Notwithstanding any other provision of law, the Director of Finance may authorize expenditures in excess of the amount appropriated in this item not sooner than 30 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time after that notification the chairperson of the joint committee, or his or her designee, may in each instance determine.SEC. 399.Item 8860-011-0797 of Section 2.00 of the Budget Act of 2011 is amended to read: 8860-011-0797--For support of Department of Finance, for payment to Item 8860-001-0001, payable from Unallocated Bond Funds-- Select...................................... 172,000 Provisions: 1. Notwithstanding any other provision of law, the Director of Finance may authorize expenditures in excess of the amount appropriated in this item not sooner than 30 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time after that notification the chairperson of the joint committee, or his or her designee, may in each instance determine.SEC. 400.Item 8860-011-0988 of Section 2.00 of the Budget Act of 2011 is amended to read: 8860-011-0988--For support of Department of Finance, for payment to Item 8860-001-0001, payable from Various Other Unallocated Nongovernmental Cost Funds.................. 474,000 Provisions: 1. Notwithstanding any other provision of law, the Director of Finance may authorize expenditures in excess of the amount appropriated in this item not sooner than 30 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time after that notification the chairperson of the joint committee, or his or her designee, may in each instance determine.SEC. 401.Item 8880-001-9737 of Section 2.00 of the Budget Act of 2011 is amended to read: 8880-001-9737--For support of Financial Information System for California, payable from the FI$Cal Internal Services Fund........ 5,024,000 Schedule: (1) 15-Statewide Systems Development............ 38,468,000 (2) Amount payable from General Fund (Item 8880-001-0001)......... -1,991,000 (3) Amount payable from Central Service Cost Recovery Fund (Item 8880-001-9740)......... -6,275,000 (4) Amount payable from various special and nongovernmental cost funds (Section 8.88)... -25,178,000 Provisions: 1. The Department of Finance is authorized to approve and make expenditures from this item until the Office of the Financial Information System for California is established through legislation. 2. Control agency delegations for administrative services approved for the administrative services provider department to the Financial Information System for California (FI$Cal) project shall be extended to the FI$Cal project and the FI$Cal Office until such time as the project and office obtain separate delegation approvals. 3. The FI$Cal project is appropriated up to $38,468,000. The Director of Finance is authorized to decrease this item and Section 8.88 consistent with the funding levels identified in a Special Project Report approved by the California Technology Agency. The Director of Finance shall report such an action to the Chairperson of the Joint Legislative Budget Committee within 30 days of taking the action. 4. Notwithstanding the provisions of Items 9840-001-0001 to 9840-001- 0988, inclusive, the Department of Finance may adjust the amounts authorized under this item and Section 8.88 consistent with the funding schedule included in the most recently approved Special Project Report submitted upon completion of the Stage II procurement for the FI$Cal project. No adjustments shall be made pursuant to this provision prior to a 30-day notification in writing to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees of each house of the Legislature that consider appropriations.SEC. 402.Item 8880-001-9740 of Section 2.00 of the Budget Act of 2011 is amended to read: 8880-001-9740--For support of Financial Information System for California, for payment to Item 8880-001-9737, payable from Central Service Cost Recovery Fund... 6,275,000SEC. 403.Item 8880-011-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 8880-011-0001--For transfer by the Controller, upon order of the Director of Finance, to the FI$Cal Internal Services Fund...................................... 515,000SEC. 404.Item 8885-295-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 8885-295-0001--For local assistance for reimbursement, in accordance with the provisions of Section 6 of Article XIIIB of the California Constitution or Section 17561 of the Government Code, of the costs of any new program or increased level of service of an existing program mandated by statute or executive order, for disbursement by the Controller for claims for costs incurred during the specified periods..................................... 47,809,000 Schedule: (1) For payment of the following mandate claims for costs incurred in the 2004-05 through 2009- 47,809,00 10 fiscal years.......... 0 (a) Threats Against Peace Officers (Ch. 1249, Stats. 1992; Ch. 666, Stats. 1995) (CSM-96-365-02) (b) Custody of Minors-Child Abduction and Recovery (Ch. 1399, Stats. 1976; Ch. 162, Stats. 1992; and Ch. 988, Stats. 1996) (CSM-4237) (c) Medi-Cal Beneficiary Death Notices (Chs. 102 and 1163, Stats. 1981) (CSM-4032) (d) Sexually Violent Predators (Chs. 762 and 763, Stats. 1995) (CSM-4509) (e) Domestic Violence Treatment Services (Ch. 183, Stats. 1992) (CSM-96-281-01) (f) Domestic Violence Arrest Policies (Ch. 246, Stats. 1995) (CSM-96-362-02) (g) Unitary Countywide Tax Rates (Ch. 921, Stats. 1987) (CSM-4317 and CSM- 4355) (h) Allocation of Property Tax Revenues (Ch. 697, Stats. 1992) (CSM-4448) (i) Rape Victim Counseling (Ch. 999, Stats. 1991) (CSM-4426) (j) Health Benefits for Survivors of Peace Officers and Firefighters (Ch. 1120, Stats. 1996) (97-TC-25) (k) Crime Victims' Domestic Violence Incident Reports (Ch. 1022, Stats. 1999) (99- TC-08) (l) Peace Officer Personnel Records: Unfounded Complaints and Discovery (Ch. 630, Stats. 1978; Ch. 741, Stats. 1994) (00-TC-24) (m) Domestic Violence Arrests and Victims Assistance (Chs. 698 and 702, Stats. 1998) (98-TC-14) (2) For payment of mandate claims for the 2005-06 through 2009-10 fiscal years for the Public Safety Officers Procedural Bill of Rights Act (Ch. 675, Stats. 1990) (CSM-4499).. 0 (2.5) For payment of mandate claims for the 2001-02 through 2008-09 fiscal years for the Local Government Employment Relations Mandate (Ch. 901, Stats. 2000) (01-TC-30)............... 0 (3) Pursuant to the provisions of Section 17581 of the Government Code, the mandates identified in the following schedule are specifically identified by the Legislature for suspension during the 2011-12 fiscal year...... 0 (a) Adult Felony Restitution (Ch. 1123, Stats. 1977) (04- LM-08) (b) AIDS/Search Warrant (Ch. 1088, Stats. 1988) (CSM- 4392) (c) Airport Land Use Commission/Plans (Ch. 644, Stats. 1994) (CSM-4507) (d) Animal Adoption (Ch. 752, Stats. 1998) (04-PGA-01, 98- TC-11) (e) Binding Arbitration (Ch. 906, Stats. 2000) (01-TC-07) (f) California Fire Incident Report System (Ch. 345, Stats. 1987) (00-TC-02) (g) Conservatorship: Developmentally Disabled Adults (Ch. 1304, Stats. 1980) (04-LM-13) (h) Coroners' Costs (Ch. 498, Stats. 1977) (04-LM-07) (i) Crime Victims' Domestic Violence Incident Reports II (Ch. 901, Stats. 1984) (02-TC-18) (j) Deaf Teletype Equipment (Ch. 502, Stats. 1980) (04- LM-11) (k) Developmentally Disabled Attorneys' Services (Ch. 694, Stats. 1975) (04-LM-03) (l) DNA Database & Amendments to Postmortem Examinations: Unidentified Bodies (Ch. 822, Stats. 2000; Ch. 467, Stats. 2001) (00-TC-27, 02- TC-39) (m) Domestic Violence Information (Ch. 1609, Stats. 1984) (CSM-4222) (n) Elder Abuse, Law Enforcement Training (Ch. 444, Stats. 1997) (98-TC-12) (o) Extended Commitment, Youth Authority (Ch. 267, Stats. 1998) (98-TC-13) (p) False Reports of Police Misconduct (Ch. 590, Stats. 1995) (00-TC-26) (q) Filipino Employee Surveys (Ch. 845, Stats. 1978) (CSM- 2142) (r) Firearm Hearings for Discharged Inpatients (Chs. 9 and 177, Stats. 1990) (99- TC-11) (s) Grand Jury Proceedings (Ch. 1170, Stats. 1996) (98-TC- 27) (t) Guardianship/Conservatorship Filings (Ch. 1357, Stats. 1976) (04-LM-15) (u) Handicapped Voter Access Information (Ch. 494, Stats. 1979) (CSM-4363) (v) Inmate AIDS Testing (Ch. 1579, Stats. 1988; Ch. 768, Stats. 1991) (CSM-4369 and CSM-4429) (w) Judiciary Proceedings (Ch. 644, Stats. 1980) (CSM-4366) (x) Law Enforcement Sexual Harassment Training (Ch. 126, Stats. 1993) (97-TC-07) (y) Local Coastal Plans (Ch. 1330, Stats. 1976) (CSM- 4431) (z) Mentally Disordered Offenders: Treatment as a Condition of Parole (Ch. 228, Stats. 1989; Ch. 706, Stats. 1994) (00-TC- 28, 05-TC-06) (aa) Mentally Disordered Offenders' Extended Commitments Proceedings (Ch. 435, Stats. 1991) (98- TC-09) (bb) Mentally Disordered Sex Offenders' Recommitments (Ch. 1036, Stats. 1978) (04- LM-09) (cc) Mentally Retarded Defendants Representation (Ch. 1253, Stats. 1980) (04- LM-12) (dd) Missing Persons Report (Ch. 1456, Stats. 1988; Ch. 59, Stats. 1993) (CSM-4255, CSM- 4368, and CSM-4484) (ee) Not Guilty by Reason of Insanity (Ch. 1114, Stats. 1979) (CSM-2753) (ff) Pacific Beach Safety: Water Quality and Closures (Ch. 961, Stats. 1992) (CSM-4432) (gg) Perinatal Services (Ch. 1603, Stats. 1990) (CSM- 4397) (hh) Personal Safety Alarm Devices (8 Cal. Code Regs. 3401 (c)) (CSM-4087) (ii) Photographic Record of Evidence (Ch. 875, Stats. 1985) (98-TC-07) (jj) Pocket Masks (Ch. 1334, Stats. 1987) (CSM-4291) (kk) Post Conviction: DNA Court Proceedings (Ch. 943, Stats. 2001) (00-TC-21, 01- TC-08) (ll) Postmortem Examinations: Unidentified Bodies, Human Remains (Ch. 284, Stats. 2000) (00-TC-18) (mm) Prisoner Parental Rights (Ch. 820, Stats. 1991) (CSM- 4427) (nn) Senior Citizens Property Tax Postponement (Ch. 1242, Stats. 1977; Ch. 43, Stats. 1978) (CSM-4359) (oo) Sex Crime Confidentiality (Ch. 502, Stats. 1992; Ch. 36, 1993-94 1st Ex. Sess.) (98-TC-21) (pp) Sex Offenders: Disclosure by Law Enforcement Officers (Chs. 908 and 909, Stats. 1996) (97-TC-15) (qq) SIDS Autopsies (Ch. 955, Stats. 1989) (CSM-4393) (rr) SIDS Contacts by Local Health Officers (Ch. 268, Stats. 1991) (CSM-4424) (ss) SIDS Notices (Ch. 453, Stats. 1974) (04-LM-01) (tt) SIDS Training for Firefighters (Ch. 1111, Stats. 1989) (CSM-4412) (uu) Stolen Vehicle Notification (Ch. 337, Stats. 1990) (CSM- 4403) (vv) Structural and Wildland Firefighters' Safety Clothing and Equipment (8 Cal. Code Regs. 3401 to 3410, incl.) (CSM-4483) (ww) Substandard Housing (Ch. 238, Stats. 1974) (CSM-4303) (xx) Very High Fire Hazard Severity Zones (Ch. 1188, Stats. 1992) (97-TC-13) (yy) Victims' Statements-Minors (Ch. 332, Stats. 1981) (04- LM-14) (zz) Mandate Reimbursement Process (Ch. 486, Stats. 1975) (CSM-4204 and CSM- 4485) (aaa) Mandate Reimbursement Process II (Ch. 890, Stats. 2004) (05-TC-05) (bbb) Fifteen-Day Close of Voter Registration (Ch. 899, Stats. 2000) (01-TC-15) (ccc) Absentee Ballots (Ch. 77, Stats. 1978) (CSM-3713) (ddd) Permanent Absent Voters (Ch. 1422, Stats. 1982) (CSM-4358) (eee) Absentee Ballots-Tabulation by Precinct (Ch. 697, Stats. 1999) (00-TC-08) (fff) Brendon Maguire Act (Ch. 391, Stats. 1988) (CSM- 4357) (ggg) Voter Registration Procedures (Ch. 704, Stats. 1975) (04-LM-04) (hhh) In-Home Supportive Services II (Ch. 445, Stats. 2000; Ch. 90, Stats. 1999) (00-TC- 23) Provisions: 1. Allocations of funds provided in this item to the appropriate local entities shall be made by the Controller in accordance with the provisions of each statute or executive order that mandates the reimbursement of the costs, and shall be audited to verify the actual amount of the mandated costs in accordance with subdivision (d) of Section 17561 of the Government Code. Audit adjustments to prior-year claims may be paid from this item. The funds appropriated in this item shall be allocated only for the payment of claims as required by Chapter 4 (commencing with Section 17550) of Part 7 of Division 4 of Title 2 of the Government Code, and that payment shall be made pursuant to Article 5 (commencing with Section 17615) of that chapter. Notwithstanding any other provision of law, interest shall be paid from funds appropriated in this item only to the extent, and in the amount, authorized by Section 17561.5 of the Government Code. 2. The Controller shall offset payments made from the appropriation in this item to recoup the amount of any unallowable mandate claim costs determined by desk or field audits. 3. Notwithstanding any other provision of law, accounts receivable for recoveries that result in savings as described in this item shall have no effect upon the positive balance of the General Fund. The savings may be used to pay claims for costs incurred to carry out the cited state mandates in this item.SEC. 405.Item 8940-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 8940-001-0001--For support of Military Department................................. 44,532,000 Schedule: (1) 10-Army National Guard............... 78,571,000 (2) 20-Air National Guard............... 22,965,000 (3) 30.01-Office of the Adjutant General.... 13,969,000 (4) 30.02-Distributed Office of the Adjutant General.... -13,882,000 (5) 35-Military Support to Civil Authority.. 19,706,000 (6) 40-Military Retirement.......... 1,535,000 (7) 50-California Cadet Corps............... 630,000 (8) 55-California State Military Reserve.... 527,000 (9) 65-California National Guard Youth Programs...... 18,623,000 (10) Reimbursements...... -19,993,000 (11) Amount payable from the Armory Discretionary Improvement Account (Item 8940-001- 0485)............... -171,000 (12) Amount payable from the Federal Trust Fund (Item 8940-001- 0890)............... -77,396,000 (13) Amount payable from the Mental Health Services Fund (Item 8940-001-3085)...... -552,000 Provisions: 1. No expenditures shall be made from the funds appropriated in this item as a substitution for personnel, equipment, facilities, or other assistance, or for any portion thereof, that, in the absence of the expenditure, or of this appropriation, would be available to the Adjutant General of the State Military Forces, the California State Military, or the California State Military Reserve from the federal government. 2. The funds appropriated in Schedule (6) shall be for military retirements, in accordance with Sections 228 and 256 of the Military and Veterans Code. 3. Of the funds appropriated in this item, $705,000 shall be used to provide mandatory employee compensation increases for state active duty employees, as follows: (a) $349,000 shall provide the remaining half-year funding needed for the compensation increase effective January 1, 2011, and (b) $356,000 shall provide half-year funding for a compensation increase effective January 1, 2012, and shall only be available for expenditure upon passage of a federal active duty compensation increase in the federal budget. The funds provided in this provision shall be expended pursuant to Sections 320 and 321 of the Military and Veterans Code, which requires state active duty employees to receive the same compensation increases as their counterparts on federal active duty. Any unspent funds pursuant to this provision shall revert to the General Fund.SEC. 406.Item 8955-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 8955-001-0001--For support of Department of Veterans Affairs....................... 216,205,799 Schedule: (1) 10-Farm and Home Loans to Veterans... 2,255,000 (2) 20-Veterans Claims and Rights.......... 7,374,000 (3) 30.01-Headquarters.. 28,910,000 (4) 30.10-Veterans Home of California at Yountville.......... 82,582,000 (5) 30.20-Veterans Home of California at Barstow............. 20,953,000 (6) 30.30-Veterans Home of California at Chula Vista......... 29,420,000 (7) 30.40-Veterans Home of California at Greater Los Angeles, Ventura County (GLAVC)...... 40,545,000 (8) 30.50-Veterans Home of California at Redding............. 6,983,398 (9) 30.60-Veterans Home of California at Fresno.............. 4,678,401 (10) 50.01-General Administration...... 31,672,000 (11) 50.02-Distributed General Administration...... -31,672,000 (12) Reimbursements...... -615,000 (13) Amount payable from the Veterans Service Office Fund (Item 8955-001- 0083)............... -58,000 (14) Amount payable from the Northern California Veterans Cemetery Perpetual Maintenance Fund (Item 8955-001- 0238)............... -59,000 (15) Amount payable from the Veterans' Farm and Home Building Fund of 1943 (Item 8955-001-0592)...... -2,255,000 (16) Amount payable from the Federal Trust Fund (Item 8955-001- 0890)............... -4,271,000 (17) Amount payable from the Mental Health Services Fund (Item 8955-001-3085)...... -237,000 Provisions: 1. Of the funds appropriated in this item, $2,000,000 shall be expended only for the replacement of equipment and furnishings directly related to the care of the members at Veterans Homes 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. Of the funds appropriated in Schedule (4), up to $118,000 shall be used to restore the no- cost nonprescription drug benefit of the Veterans Home of California at Yountville to the level provided in the 2004-05 fiscal year. It is the intent of the Legislature that this benefit shall be consistent with that provided at the Veterans Home of California at Chula Vista and the Veterans Home of California at Barstow. 5. 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 2011-12 fiscal year because no appropriation has been provided to support the activities required by Chapter 615 of the Statutes of 2006.SEC. 407.Item 8955-011-8048 is added to Section 2.00 of the Budget Act of 2011, to read: 8955-011-8048--For transfer by the Controller, upon order of the Director of Finance, and in accordance with Chapter 291 of the Statutes of 2006, as amended by Chapter 450 of the Statutes of 2010, from the California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund to the California Central Coast State Veterans Cemetery at Fort Ord Operations Fund........................... (1,074,000)SEC. 408.Item 8955-301-3013 is added to Section 2.00 of the Budget Act of 2011, to read: 8955-301-3013--For capital outlay, Department of Veterans Affairs, payable from the California Central Coast State Veterans Cemetery at Fort Ord Operations Fund.......... 1,074,000 Schedule: (1) 80.10.100-Central Coast Veterans Cemetery- -Preliminary plans.......... 1,074,000SEC. 409.Item 9300-101-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 9300-101-0001--For local assistance, payment to local government for costs of homicide trials, for payment by the Controller.................................. 701,000 Provisions: 1. It is the intent of the Legislature that counties that qualify for reimbursement of homicide trial costs pursuant to Chapter 3 (commencing with Section 15200) of Part 6 of Division 3 of Title 2 of the Government Code shall forward claims for payment to the Controller. Upon review and approval of those claims by the Controller, reimbursement for approved costs shall be provided to counties through the supplemental appropriation process. 2. By May 1, 2011, the Controller shall provide the Department of Finance and the committees in each house of the Legislature that consider the budget with copies of those claims approved for payment. Claims not approved for payment by that date shall be paid in the following fiscal year. 3. Notwithstanding any other provision of law, $700,000 of the amount appropriated in this item shall be made available for the payment of the costs incurred by the County of Del Norte for homicide trials pursuant to Chapter 3 (commencing with Section 15200) of Part 6 of Division 3 of Title 2 of the Government Code. This appropriation shall not be reduced pursuant to subdivision (a) of Section 15202 of the Government Code .SEC. 410.Item 9620-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 9620-001-0001--For Cash Management and Budgetary Loans, upon order of the Director of Finance, for payment of interest and other costs for cash management purposes........................ 75,000,000 Provisions: 1. The Director of Finance, the Controller, and the Treasurer shall satisfy any need of the General Fund for borrowed funds in a manner consistent with the Legislature's objective of conducting General Fund cashflow borrowing in a manner that best meets the state's interest. The state fiscal officers may, among other factors, take into consideration the costs of external versus internal cashflow borrowings and the potential impact on other borrowings of the state including long-term borrowing. In conducting internal borrowing, the Controller must ensure such borrowing is made in the most economical manner to the General Fund. Internal borrowable funds that require a higher rate of interest payments will be borrowed only after other internal borrowable funds are fully utilized. 2. In the event that interest expenses and other costs related to internal borrowing exceed the amount appropriated in this item, there is hereby appropriated any amount necessary to pay such costs. Augmentation pursuant to this provision shall not be expended until 30 days after the Department of Finance notifies the Joint Legislative Budget Committee of the amounts necessary or until any lesser time after that notification as determined by the chairperson of the joint committee. 3. In the event that Revenue Anticipation Warrants (RAWs) or Registered Warrants (IOUs) are issued, or considered to be issued, there is hereby appropriated any amount necessary to pay the expenses incurred by the Controller, Treasurer, Attorney General, and the Department of Finance in providing for the preparation, sale, issuance, advertising, legal services, credit enhancement, liquidity facility, or any other act which, as approved by the Department of Finance, is necessary for such issuance. Augmentation pursuant to this provision shall not be expended or obligated prior to 30 days after the Department of Finance notifies the Joint Legislative Budget Committee of the amounts or potential costs necessary or prior to a shorter period of time as determined by the Chairperson of the Joint Legislative Budget Committee. 4. To ensure prompt and accurate General Fund cashflow projections for the state, all departments must provide information as requested by the Department of Finance in the timeframe and medium as specified by the Department of Finance. Information requested may include past actuals and future projection of disbursements, receipts, and cash balances.SEC. 411.Item 9800-001-0001 of Section 2.00 of the Budget Act of 2011 is amended to read: 9800-001-0001--For Augmentation for Employee Compensation...................... 152,847,000 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 Personnel Administration. 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 Item 9800 in the Budget Act, given that this is the item 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. The funds appropriated in this item and any other item may not be used or expended to fund any compensation proposal in the last, best, and final offer made by the state employer to State Bargaining Unit 6 implemented on September 18, 2007. Nothing in this act shall be construed as legislative approval for the expenditure of funds in accordance with that state employer's last, best, and final offer, as required by subdivision (b) of Section 3517.8 of the Government Code. 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, 2012, the unencumbered balances of the above appropriation shall revert to the General Fund.SEC. 412.Item 9800-001-0494 of Section 2.00 of the Budget Act of 2011 is amended to read: 9800-001-0494--For Augmentation for Employee Compensation, payable from other unallocated special funds.................. 65,565,000 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 Personnel Administration. 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 Personnel Administration. 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 Item 9800 in the Budget Act, given that this is the item 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. The funds appropriated in this item and any other item may not be used or expended to fund any compensation proposal in the last, best, and final offer made by the state employer to State Bargaining Unit 6 implemented on September 18, 2007. Nothing in this act shall be construed as legislative approval for the expenditure of funds in accordance with that state employer's last, best, and final offer, as required by subdivision (b) of Section 3517.8 of the Government Code. 6. 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. 7. As of July 31, 2012, the unencumbered balances of the above appropriation shall no longer be available for expenditure.SEC. 413.Item 9800-001-0988 of Section 2.00 of the Budget Act of 2011 is amended to read: 9800-001-0988--For Augmentation for Employee Compensation, payable from other unallocated nongovernmental cost funds..... 32,293,000 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 Personnel Administration. 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 Personnel Administration. 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 Item 9800 in the Budget Act, given that this is the item 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. The funds appropriated in this item and any other item may not be used or expended to fund any compensation proposal in the last, best, and final offer made by the state employer to State Bargaining Unit 6 implemented on September 18, 2007. Nothing in this act shall be construed as legislative approval for the expenditure of funds in accordance with that state employer's last, best, and final offer, as required by subdivision (b) of Section 3517.8 of the Government Code. 6. 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. 7. As of July 31, 2012, the unencumbered balances of the above appropriation shall no longer be available for expenditure.SEC. 414.Item 9860-301-0001 of Section 2.00 of the Budget Act of 2011 is repealed.SEC. 415.Section 3.60 of the Budget Act of 2011 is amended to read: SEC. 3.60. (a) Notwithstanding any other provision of law, the employers' retirement contributions for the 2011-12 fiscal year that are chargeable to any item with respect to each state officer and employee who is a member of the Public Employees' Retirement System (PERS) or the Judges' Retirement System II and who is in that employment or office, including university members as provided by Section 20822 of the Government Code, shall be the percentage of salaries and wages by state member category, as follows: Miscellaneous, First Tier...... 18.175% California State University, Miscellaneous, First Tier...... 18.175% Miscellaneous, Second Tier...... 17.025% State Industrial...... 14.934% State Safety...... 16.428% Peace Officer/Firefighter...... 27.415% California State University, Peace Officer/Firefighter...... 27.415% Highway Patrol...... 31.364% Judges' Retirement System II...... 23.441% The Director of Finance may adjust amounts in any appropriation item, or in any category thereof, as a result of changes from amounts budgeted for employer contributions for 2011-12 fiscal year retirement benefits to achieve the percentages specified in this subdivision. (b) Notwithstanding any other provision of law, the Director of Finance shall require retirement contributions computed pursuant to subdivision (a) to be offset by the Controller with surplus funds in the Public Employees' Retirement Fund, employer surplus asset accounts. (c) Notwithstanding any other provision of law, for purposes of calculating the "appropriations subject to limitation" as defined in Section 8 of Article XIII B of the California Constitution, the appropriations shall be deemed to be the amounts remaining after the adjustments required by subdivisions (a) and (b) are made. (d) In the event that the Board of Administration of the California Public Employees' Retirement System (the board) adopts separate employer contribution rates for the California State University and adopts new employer contribution rates for the remaining state member categories pursuant to their existing fiduciary responsibilities, the Director of Finance may adjust the percentage levels of the employers' retirement contributions listed in subdivision (a) to be consistent with the employer contribution rates set by the board. The Director of Finance shall notify the Controller's office by way of executive order of these adjustments in the employers' retirement contributions. Nothing in this section shall require the board to take action as described in this section unless the board determines, in good faith, that the action described in this section is consistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. Nothing in this section shall be construed to change or expand the existing ability of the administration to adjust employee pension contribution rates or benefits of nonrepresented employees. (e) It is the intent of the Legislature that the Department of Finance develop and implement a revised process, in consultation with the California State University, that allows the Director of Finance to more accurately adjust the university's appropriation amounts for employer pension contributions beginning in the 2011-12 fiscal year, as allowed in subdivision (a). The Director of Finance shall submit a brief description of the revised process to the Chairperson of the Joint Legislative Budget Committee and the Chancellor of the California State University on or before January 10, 2012.SEC. 416.Section 3.90 of the Budget Act of 2011 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, and the Judicial Branch, shall be reduced, as appropriate, to reflect reductions in employee compensation achieved through collective bargaining agreements ratified in 2010 and 2011 and a reduction for nonrepresented employees (utilizing existing authority of the administration to adjust compensation for nonrepresented employees) in the total amounts of $288,325,000 from General Fund items and $192,474,000 from items relating to other funds. The Director of Finance shall allocate the necessary reductions to each item of appropriation to accomplish the employee compensation reductions required by this section. (b) Notwithstanding any other provision of law, the Director of Finance shall adjust items 9650 and 9800 pursuant to the health rates adopted by the Board of Administration of the California Public Employees' Retirement System for the 2011-12 fiscal year and Section 4.21, as appropriate.SEC. 417.Section 3.91 of the Budget Act of 2011 is amended to read: SEC. 3.91. (a) Notwithstanding any other provision of law, each department listed below shall have its appropriations adjusted, as appropriate, to reflect total savings of not more than $19,069,000 from General Fund items and $5,566,000 from items relating to other funds achieved through departmental consolidations or eliminations and other operational efficiencies as follows: 0510 Secretary of State and Consumer Services 0520 Secretary of Business, Transportation and Housing 0552 Office of the Inspector General 0559 Labor and Workforce Development Agency 0690 California Emergency Management Agency 0820 Department of Justice 2240 Department of Housing and Community Development 3125 California Tahoe Conservancy Department of Parks and Recreation only 3790 to the extent of the amounts reverted pursuant to Item 3790-497 3860 Department of Water Resources 4140 Office of Statewide Health Planning and Development 7100 Employment Development Department 7350 Department of Industrial Relations 8380 Department of Personnel Administration 8830 California Law Revision Commission 8840 California Commission on Uniform State Laws 8860 Department of Finance The Director of Finance shall allocate the necessary adjustments to each item of appropriation to accomplish the specific adjustments identified in this subdivision. (b) Notwithstanding any other provision of law, and in addition to the adjustments provided in subdivision (a), 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, and the Judicial Branch, shall be adjusted, as appropriate, to reflect savings achieved through departmental reorganizations, consolidations, or eliminations as approved by the Legislature, and operational efficiencies and other cost reduction measures, such as reducing contracts, of not more than $224,900,000 from General Fund items and $152,000,000 from items relating to other funds. The Director of Finance shall allocate the necessary adjustments to each item of appropriation to accomplish the specific savings identified in this subdivision. (c) For purposes of this section, no consolidation, reorganization, or elimination shall be considered approved by the Legislature unless it is (1) included in a Governor's Reorganization Plan that has become effective, (2) described in chaptered legislation other than the Budget Act, or (3) identified in both the Governor's 2011-12 May Revision summary and in subdivision (a). (d) Notwithstanding any other provision of law, and in addition to the adjustments in subdivisions (a) and (b), the Director of Finance may increase amounts in any item of appropriation in Section 2.00 to reflect reorganizations, consolidations, or eliminations of departments or functions of departments which are approved by the Legislature.SEC. 418.Section 3.93 is added to the Budget Act of 2011, to read: SEC. 3.93. Notwithstanding any other provision of law, the items of appropriation for the Department of Corrections and Rehabilitation shall be reduced by $194,503,000 from the General Fund and $670,000 from other funds to reflect savings from implementing the 5-percent workforce cap reduction to departmental personnel and operating expenses and equipment costs resulting from Executive Order S-01-10. The Director of Finance may allocate the necessary reductions to each item of appropriation to accomplish the savings required by this section.SEC. 418.5.Section 8.25 is added to the Budget Act of 2011, to read: Sec. 8.25. (a) Any amount received in the 2010-11 fiscal year from the federal government for reimbursement of the amount of moneys owed to the State for the operation of the Medi-Cal Program from past expenditures for health care services provided to individuals who were eligible for Medicare Program coverage, which is estimated to be about $700,000,000, shall be deposited in the Federal Trust Fund. Notwithstanding Section 28.00, the Department of Finance may authorize expenditures of these funds in a manner that is consistent with federal law and that offsets General Fund expenditures otherwise authorized in this act. The Director of Finance is authorized to reduce Item 4260-101-0001 and Item 4260-001-0001 due to the receipt and expenditure of federal funds pursuant to this section. (b) For any adjustments made under the authority of this section, the Department of Finance shall provide notification in writing to the Chairperson of the Joint Legislative Budget Committee not less than 30 days prior to the effective date of the adjustment, or not sooner than whatever lesser time after that notification the chairperson of the joint committee, or his or her designee, may determine.SEC. 419.Section 8.88 of the Budget Act of 2011 is amended to read: SEC. 8.88. Notwithstanding any other provision of law, a sum not to exceed $25,178,000 is appropriated from various special and nongovernmental cost funds to the Financial Information System for California (FI$Cal) Project for payment of costs to replace the systems that support the state's business operations. The Controller shall assess these funds in sufficient amounts to pay for the authorized FI$Cal Project costs that are attributable to such funds pursuant to Section 15849.34 of the Government Code. The assessments in support of the expenditures for the FI$Cal Project shall be made quarterly, and the total amount assessed from these funds in the 2011-12 fiscal year shall not exceed the total expenditures for the FI$Cal Project that are attributable to those funds in that fiscal year.SEC. 420.Section 12.00 of the Budget Act of 2011 is amended to read: SEC. 12.00. For the purposes of Article XIII B of the California Constitution, there is hereby established a state "appropriations limit" of $81,468,000,000 for the 2011-12 fiscal year. Any judicial action or proceeding to attack, review, set aside, void, or annul the "appropriations limit" for the 2011-12 fiscal year shall be commenced within 45 days of the effective date of this act.SEC. 421.Section 12.32 of the Budget Act of 2011 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 2011-12 fiscal year are $38,322,219,000 or 41.9 percent of total General Fund revenues and transfers subject to the state appropriations limit. General Fund revenues appropriated for school districts are $34,429,976,000 or 37.7 percent of total General Fund revenues and transfers subject to the state appropriations limit. General Fund revenues appropriated for community college districts are $3,807,176,000 or 4.2 percent of total General Fund revenues and transfers subject to the state appropriations limit. General Fund 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 $85,067,000 or 0.1 percent of total General Fund revenues and transfers subject to the state appropriations limit.SEC. 422.Section 17.00 of the Budget Act of 2011 is amended to read: SEC. 17.00. The Budget Act of 2011 includes $76,142,000 ($16,555,000 from the General Fund, $54,379,000 from federal funds, $927,000 from special funds, and $4,281,000 from reimbursements) for applicant state agencies, departments, boards, commissions, or other entities of state government in support of federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) activities. These funds are allocated to the following entities: California Health and Human Services Agency General Fund......2,527,000 Reimbursements......1,541,000 Public Employees' Retirement System Special Funds......247,000 Office of Statewide Health Planning and Development Special Funds......108,000 Department of Aging General Fund......12,000 Reimbursements......12,000 Department of Alcohol and Drug Programs General Fund......758,000 Reimbursements......758,000 Department of Health Care Services General Fund...... 11,133,000 Federal Funds...... 54,319,000 Reimbursements......26,000 Department of Public Health Special Funds......551,000 Managed Risk Medical Insurance Board General Fund......27,000 Federal Funds......60,000 Special Funds......21,000 Department of Developmental Services General Fund......888,000 Reimbursements......801,000 Department of Mental Health General Fund......1,085,000 Reimbursements......1,143,000 Department of Veterans Affairs General Fund......125,000SEC. 423.Section 25.05 is added to the Budget Act of 2011, to read: SEC. 25.05. For the purpose of achieving efficiencies in the administration and implementation of criminal justice programs, it is the intent of the Legislature that the Corrections Standards Authority be abolished effective January 1, 2012. It is the further intent of the Legislature that programs administered by the Corrections Standards Authority and other programs specified in subsequent enabling legislation establishing the Board of State and Community Corrections be transferred to the Board of State and Community Corrections no later than January 1, 2012. Upon enactment of legislation establishing the Board of State and Community Corrections, the Director of Finance is authorized to adjust any item of appropriation in this act to establish funding authority for the Board of State and Community Corrections and to reduce funding authority for the departments and items from which programs and funding are being transferred. The Department of Finance shall notify the chairpersons of the fiscal committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee within 30 days of making those budget adjustments. The notification shall identify the departments and items of appropriation affected by the transfer of authority. The notification shall also specify how the transfer of authority is consistent with the enabling legislation establishing the Board of State and Community Corrections.SEC. 424.Section 26.00 of the Budget Act of 2011 is amended to read: SEC. 26.00. (a) It is the intent of the Legislature, in enacting this section, to provide flexibility for the administrative approval of intraschedule transfers within individual items of appropriation in those instances where the transfers are necessary for the efficient and cost-effective implementation of the programs, projects, and functions funded by this act. No transfer shall be authorized under this section to either eliminate any program, project, or function, except when implementation is found to be no longer feasible in light of changing circumstances or new information, or establish any new program, project, or function. (b) The Director of Finance may, pursuant to a request by the officer, department, division, bureau, board, commission, or other agency to which an appropriation is made by this act, authorize the augmentation of the amount available for expenditure in any schedule set forth for that appropriation, by making a transfer from any of the other designated programs, projects, or functions within the same schedule. No intraschedule transfer may be made under this section to fund any capital outlay purpose, regardless of whether budgeted in a capital outlay or a local assistance appropriation. Upon the conclusion of the 2011-12 fiscal year, the Director of Finance shall furnish the chairpersons of the committees in each house of the Legislature that consider appropriations and the State Budget, and the Chairperson of the Joint Legislative Budget Committee, with a report on all authorizations given pursuant to this section during that fiscal year. (c) Intraschedule transfers of the amounts available for expenditure for a program, project, or function designated in any line of any schedule set forth for that appropriation by transfer from any of the other designated programs, projects, or functions within the same schedule shall not exceed, during any fiscal year: (1) 20 percent of the amount so scheduled on that line for those appropriations made by this act that are $2,000,000 or less. (2) $400,000 of the amount so scheduled on that line for those appropriations made by this act that are more than $2,000,000 but equal to or less than $4,000,000. (3) 10 percent of the amount so scheduled on that line for those appropriations made by this act that are more than $4,000,000. (4) The Department of Transportation Highway Program shall be limited to a schedule change of 10 percent. (d) Any transfer in excess of $200,000 may be authorized pursuant to this section not sooner than 30 days after notification in writing of the necessity therefor is provided 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 sooner than whatever lesser time after that notification the chairperson of the joint committee, or his or her designee, may in each instance determine. (e) Any transfer in excess of the limitations provided in subdivision (c) may be authorized not sooner than 30 days after notification in writing of the necessity to exceed the limitations is provided 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 sooner than whatever lesser time after that notification the chairperson of the joint committee, or his or her designee, may in each instance determine.SEC. 425.Section 28.50 of the Budget Act of 2011 is amended to read: SEC. 28.50. (a) Except as otherwise provided by law, an officer, department, division, bureau, or other agency of the state may expend for the 2011-12 fiscal year all moneys received as reimbursement from another officer, department, division, bureau, or other agency of the state that has not been taken into consideration by this act or any other statute, upon the prior written approval of the Director of Finance. The Department of Finance may also reduce any reimbursement amount and related program, project, or function amount if funds received from another officer, department, division, bureau, or other agency of the state will be less than the amount taken into consideration in the schedule. (b) For any expenditure of reimbursements or any transfer for the 2011-12 fiscal year that exceeds $200,000, the Director of Finance shall provide notification in writing of any approval granted under this section, not less than 30 days prior to the effective date of that approval, 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, or not later than whatever lesser amount of time prior to that effective date the Chairperson of the Joint Legislative Budget Committee, or his or her designee, may in each instance determine. Increases to reimbursements are not reportable under this section if the funding for the other officer, department, division, bureau, or other agency of the state providing the reimbursement has already been approved by the Legislature. These adjustments are considered technical in nature and are authorized in Section 1.50. (c) (1) Upon written notification from the Senate Committee on Rules to the Controller and the Director of Finance, the Controller shall transfer, from Item 0110-001-0001 of Section 2.00 to an item specified by the committee, an amount specified by the committee for a purpose mutually agreed upon by the Senate and the entity receiving the additional funding under the latter item. (2) Upon written notification from the Assembly Committee on Rules to the Controller and the Director of Finance, the Controller shall transfer, from Item 0120-011-0001 of Section 2.00 to an item specified by the committee, an amount specified by the committee for a purpose mutually agreed upon by the Assembly and the entity receiving the additional funding under the latter item.SEC. 426.Section 35.50 of the Budget Act of 2011 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 2011-12 fiscal year pursuant to this act, as passed by the Legislature, is $87,803,300,000. (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.SEC. 427.Section 39.00 of the Budget Act of 2011 is amended to read: SEC. 39.00. The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 93, AB 94, AB 95, AB 96, AB 97, AB 99, AB 100, AB 101, AB 102, AB 103, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, ABX1 16, ABX1 17, ABX1 18, ABX1 19, ABX1 20, ABX1 21, ABX1 22, ABX1 23, ABX1 24, ABX1 25, ABX1 26, ABX1 27, ABX1 28, ABX1 29, ABX1 30, ABX1 31, ABX1 32, ABX1 33, ABX1 34, ABX1 35, SB 70, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96, SB 97, SB 98, SB 99, SBX1 4, SBX1 5, SBX1 6, SBX1 7, SBX1 8, SBX1 9, SBX1 10, SBX1 11, SBX1 12, SBX1 13, SBX1 14, SBX1 15, SBX1 16, SBX1 17, SBX1 18, SBX1 19, SBX1 20, SBX1 21, SBX1 22, and SBX1 23.SEC. 428.Section 99.00 of the Budget Act of 2011 is amended to read: SEC. 99.00. The following provides an index to the appropriations and related provisions of this act, by organization in alphabetical order, with the code number of the affected organization. The organization code is the first four numbers of any item number in this act. For ease of reference, the appropriation items in this act are organized in numerical order, and all of the appropriation items for any one organization are adjacent to one another. Department Organization Code ""A'' Administrative Law, Office of................. 8910 Aging, Commission on...... 4180 Aging, Department of...... 4170 Agricultural Labor Relations Board........... 7300 Air Resources Board, State..................... 3900 Alcohol and Drug Programs, Department of... 4200 Alcoholic Beverage Control, Department of.... 2100 Alcoholic Beverage Control Appeals Board..... 2120 Alfred E. Alquist Seismic Safety Commission......... 1690 Alternative Energy and Advanced Transportation Financing Authority, California................ 0971 Arts Council, California.. 8260 Assembly.................. 0120 Audits, Bureau of State... 8855 ""B'' Baldwin Hills Conservancy. 3835 Boards. See subject (e.g., Air Resources, Control, etc.) Boating and Waterways, Department of............. 3680 Business, Transportation and Housing, Secretary of. 0520 ""C'' Capital Outlay Planning and Studies Funding....... 9860 Cash Management and Budgetary Loans........... 9620 Child Support Services, Department of............. 5175 Chiropractic Examiners, Board of.................. 8500 Citizens Compensation Commission, California.... 8385 Citizens Redistricting Initiative................ 0911 Coachella Valley Mountains Conservancy..... 3850 Coastal Commission, California................ 3720 Coastal Conservancy, State..................... 3760 Colorado River Board of California................ 3460 Community Colleges, Board of Governors of the California................ 6870 Community Services and Development, Department of........................ 4700 Conservation, Department of........................ 3480 Conservation Corps, California................ 3340 Consumer Affairs-Bureaus, Programs, and Divisions, Department of............. 1111 Consumer Affairs- Regulatory Boards, Department of......... 1110 Contingencies or Emergencies, Augmentation for....................... 9840 Contingencies or Emergencies, Loans for.... 9850 Contributions to. See subject (e.g., Judges' Retirement, Teachers' Retirement, etc.) Controller, State......... 0840 Corporations, Department of........................ 2180 Corrections and Rehabilitation, Department of............. 5225 Councils. See subject (e.g., Arts, etc.) ""D'' Debt and Investment Advisory Commission, California................ 0956 Debt Limit Allocation Committee, California..... 0959 Delta Protection Commission................ 3840 Delta Stewardship Council. 3885 Department of. See subject (e.g., Corrections and Rehabilitation, Food and Agriculture, etc.) Developmental Disabilities, State Council on................ 4100 Developmental Services, Department of............. 4300 Disability Access, California Commission on.. 8790 ""E'' Education Audit Appeals Panel..................... 6125 Education, Department of.. 6110 Emergency Management Agency, California........ 0690 Emergency Medical Services Authority........ 4120 Employee Compensation, Augmentation for.......... 9800 Employment Development Department................ 7100 Energy Resources Conservation and Development Commission.... 3360 Environmental Health Hazard Assessment, Office of........................ 3980 Environmental Protection, Secretary for............. 0555 Equalization, State Board of........................ 0860 Equity Claims of California Victim Compensation and Government Claims Board and Settlements and Judgments by Department of Justice................ 9670 ""F'' Fair Employment and Housing Commission........ 1705 Fair Employment and Housing, Department of.... 1700 Fair Political Practices Commission................ 8620 Finance, Department of.... 8860 Financial Information System for California..... 8880 Financial Institutions, Department of............. 2150 Fish and Game, Department of........................ 3600 Food and Agriculture, Department of............. 8570 Forestry and Fire Protection, Department of. 3540 Franchise Tax Board....... 1730 ""G'' Gambling Control Commission, California.... 0855 General Services, Department of............. 1760 Golden State Tobacco Securitization Corporation............... 9612 Governor Elect and Outgoing Governor......... 0730 Governor's Office......... 0500 ""H'' Hastings College of the Law....................... 6600 Health Facilities Financing Authority, California................ 0977 Health and Human Services, Secretary of California................ 0530 Health and Dental Benefits for Annuitants... 9650 Health Care Services, Department of............. 4260 High-Speed Rail Authority. 2665 Highway Patrol, Department of the California................ 2720 Horse Racing Board, California................ 8550 Housing and Community Development, Department of........................ 2240 ""I'' Independent Living Council, State............ 5170 Industrial Development Financing Advisory Commission, California.... 0965 Industrial Relations, Department of............. 7350 Institutions (See Department of Corrections and Rehabilitation, State Department of Health, etc.) Inspector General, Office of the.................... 0552 Insurance, Department of.. 0845 Interest Payments to the Federal Government........ 9625 ""J'' Joint Expenses (Legislature)............. 0130 Judges' Retirement Fund, Contributions to.......... 0390 Judicial Performance, Commission on............. 0280 Judicial Branch........... 0250 Justice, Department of.... 0820 ""L'' Lands Commission, State... 3560 Labor and Workforce Development Agency........ 0559 Law Revision Commission, California................ 8830 Legislative Analyst, Office of the............. 0130 Legislative Counsel Bureau.................... 0160 Legislature (See Assembly, Senate, or Joint Expenses) Library, California State..................... 6120 Lieutenant Governor, Office of the............. 0750 Local Government Financing................. 9210 Lottery Commission, California State.......... 0850 ""M'' Managed Health Care, Department of......... 2400 Managed Risk Medical Insurance Board........... 4280 Mandates, Commission on State..................... 8885 Medical Assistance Commission, California.... 4270 Mental Health, Department of........................ 4440 Mental Health Services Oversight and Accountability Commission. 4560 Military Department....... 8940 Milton Marks ""Little Hoover'' Commission on California State Government Organization and Economy............... 8780 Motor Vehicles, Department of............. 2740 ""N'' Native American Heritage Commission................ 3780 Natural Resources Agency, Secretary of the.......... 0540 ""O'' Office of. See subject (e.g., Emergency Services, Planning and Research, etc.) ""P'' Parks and Recreation, Department of............. 3790 Payment to Counties for Costs of Homicide Trials.. 9300 Peace Officer Standards and Training, Commission on........................ 8120 Personnel Administration, Department of............. 8380 Personnel Board, State.... 1880 Pesticide Regulation, Department of............. 3930 Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun, Board of.......... 2670 Planning and Research, Office of................. 0650 Political Reform Act of 1974...................... 8640 Postsecondary Education Commission, California.... 6420 Public Defender, State.... 8140 Public Employees' Retirement System......... 1900 Public Employment Relations Board........... 8320 Public Health, Department of........................ 4265 Public Utilities Commission................ 8660 ""R'' Real Estate, Department of........................ 2320 Real Estate Appraisers, Office of................. 2310 Resources Recycling and Recovery, Department of... 3500 Rehabilitation, Department of............. 5160 ""S'' Sacramento-San Joaquin Delta Conservancy......... 3875 San Diego River Conservancy............... 3845 San Francisco Bay Conservation and Development Commission.... 3820 San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy..... 3825 San Joaquin River Conservancy............... 3830 Santa Monica Mountains Conservancy............... 3810 Scholarshare Investment Board..................... 0954 School Finance Authority, California................ 0985 Science Center, California................ 1100 Secretary of State........ 0890 Seismic Safety Commission, Alfred E. Alquist................... 1690 Senate.................... 0110 Senior Legislature, California................ 4185 Shared Revenues........... 9350 Sierra Nevada Conservancy. 3855 Social Services, Department of............. 5180 Special Resources Program. 3110 State. See subject (e.g., Controller, Treasurer, etc.) State and Community Corrections, Board of..... 5227 State and Consumer Services, Secretary of.... 0510 State Mandates, Commission on............. 8885 Statewide Accounts Receivable Management..... 9655 Statewide Health Planning and Development, Office of................. 4140 Status of Women, Commission on the......... 8820 Student Aid Commission.... 7980 Summer School for the Arts, California State.... 6255 ""T'' Tahoe Conservancy, California................ 3125 Tax Credit Allocation Committee, California..... 0968 Tax Relief................ 9100 Teacher Credentialing, Commission on............. 6360 Teachers' Retirement System, State............. 1920 Technology Agency, California................ 0502 Toxic Substances Control, Department of............. 3960 Traffic Safety, Office of. 2700 Transit Assistance, State. 2640 Transportation, Department of............. 2660 Transportation Commission, California.... 2600 Treasurer................. 0950 ""U'' Uniform State Laws, Commission on............. 8840 University, California State..................... 6610 University of California.. 6440 ""V'' Veterans Affairs, Department of............. 8955 Victim Compensation and Government Claims Board, California................ 1870 ""W'' Water Resources, Department of............. 3860 Water Resources Control Board, State.............. 3940 Wildlife Conservation Board..................... 3640 Workforce Investment Board, California......... 7120SEC. 429.Section 99.50 of the Budget Act of 2011 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 3.90 Reduction for Employee Compensation 3.91 Reductions in State Operations 3.93 Department of Corrections and Rehabilitation Workforce Cap Reductions 4.01 Employee Compensation Savings 4.11 Establishing New Positions 4.20 Contribution to Public Employees' Contingency Reserve Fund 4.21 Health Care Premium Savings 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 8.65 Enhanced Federal Funding for the Health and Human Services Agency 8.70 Medical and Pharmacy Services Savings through Medication Compliance 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 12.42 Reduction of Education Funds 12.45 Payroll Deferral 12.60 Categorical Contingency Transfer Authority for Deficiencies 13.00 Legislative Counsel Bureau Reorganization and Consolidation of 13.25 Various State Entities to Promote Efficiency 14.00 Special Fund Loans Between Boards of the Department of Consumer Affairs 15.25 Data Center Rate Adjustment 15.45 SERAF Offsets 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 25.05 Creation of Board of State and Community Corrections 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 32.00 Prohibits Excess Expenditures 33.00 Item Veto Severability 34.00 Constitutional Severability Estimated General Fund Revenue pursuant to Assembly Constitutional Amendment 5 35.50 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 IndexSEC. 430.Sections 1 to 429, inclusive, of this act shall become operative only if the Budget Act of 2011, Senate Bill 69, as proposed by Conference Report No. 1 on March 7, 2011, is enacted and becomes effective on or before January 1, 2012.SEC. 431.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.