Bill Text

Bill Information

Add To My Favorites | print page

AB-1495 Budget Act of 2012.(2011-2012)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
AB1495:v96#DOCUMENT

Enrolled  June 15, 2012
Passed  IN  Senate  June 15, 2012
Passed  IN  Assembly  June 15, 2012
Amended  IN  Senate  June 14, 2012
Amended  IN  Senate  June 13, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1495


Introduced  by Committee on Budget  (Blumenfield (Chair), Alejo, Bonilla, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson, Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)

January 10, 2012


An act to amend the Budget Act of 2012 by amending Items 0820-011-8071, 2660-401, 3480-001-3046, and 5180-101-0001 of, and by repealing Item 3500-403 of, Section 2.00 of, and by amending Section 35.50 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill.


LEGISLATIVE COUNSEL'S DIGEST


AB 1495, Committee on Budget. Budget Act of 2012.
The Budget Bill, enacted as the Budget Act of 2012, would make appropriations for the support of state government for the 2012–13 fiscal year.
This bill would amend the Budget Act of 2012 by revising items of appropriation, loans, and transfers of moneys specified in the Budget Act of 2012.
This bill would become operative only if AB 1464 or SB 1004 is enacted as the Budget Act of 2012.
This bill would declare that it is to take effect immediately as a Budget Bill.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Item 0820-011-8071 of Section 2.00 of the Budget Act of 2012 is amended to read:
0820-011-8071—For transfer by the Controller, upon order of the Director of Finance, from the National Mortgage Special Deposit Fund to the General Fund ........................
(50,000,000)
Provisions:
1.The amount transferred in this item is a loan to the General Fund and shall be repaid upon the order of the Director of Finance by June 30, 2014, to be used to reimburse the General Fund for purposes consistent with the National Mortgage Settlement.

SEC. 2.

 Item 2660-401 of Section 2.00 of the Budget Act of 2012 is amended to read:
2660-401—Notwithstanding the provisions of the following items, the loans authorized by those items shall be repaid as follows:
1.5.$50,000,000 from Item 2660-011-0042, State Highway Account, State Transportation Fund, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as amended by Item 2660-401, Budget Act of 2010 (Ch. 712, Stats. 2010), shall be repaid by June 30, 2016, upon order of the Director of Finance.
2.$6,000,000 from Item 2660-011-0045, Bicycle Transportation Account, State Transportation Fund, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as amended by Item 2660-401, Budget Act of 2010 (Ch. 712, Stats. 2010), shall be repaid by June 30, 2017, upon order of the Director of Finance.
3.$7,500,000 from Item 2660-011-0052, Local Airport Loan Account, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as amended by Item 2660-401, Budget Act of 2010 (Ch. 712, Stats. 2010), shall be repaid by June 30, 2017, upon order of the Director of Finance.
4.$8,000,000 from Item 2660-011-0061, Motor Vehicle Fuel Account, Transportation Tax Fund, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as amended by Item 2660-401, Budget Act of 2010 (Ch. 712, Stats. 2010), shall be repaid by June 30, 2017, upon order of the Director of Finance.
5.$4,400,000 from Item 2660-011-0183, Environmental Enhancement and Mitigation Program Fund, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as amended by Item 2660-401, Budget Act of 2010 (Ch. 712, Stats. 2010), shall be repaid by June 30, 2017, upon order of the Director of Finance.
6.$2,000,000 from Item 2660-011-0365, Historic Property Maintenance Fund, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as amended by Item 2660-401, Budget Act of 2010 (Ch. 712, Stats. 2010), shall be repaid by June 30, 2014, upon order of the Director of Finance.
7.$1,715,000 from Item 2660-011-2500, Pedestrian Safety Account, State Transportation Fund, Budget Act of 2008 (Chs. 268 and 269, Stats. 2008), as amended by Item 2660-401, Budget Act of 2010 (Ch. 712, Stats. 2010), shall be repaid by June 30, 2017, upon order of the Director of Finance.

SEC. 3.

 Item 3480-001-3046 of Section 2.00 of the Budget Act of 2012 is amended to read:
3480-001-3046—For support of Department of Conservation ........................
34,605,000
Schedule:
(1)
10-Geologic Hazards and Mineral Resources Conservation ........................
24,252,000
(2)
20-Oil, Gas, and Geothermal Resources ........................
36,468,000
(3)
30-Land Resource Protection ........................
5,620,000
(4)
40.01-Administration ........................
11,677,000
(5)
40.02-Distributed Administration ........................
−11,677,000
(6)
60-Office of Mine Reclamation ........................
8,381,000
(7)
Reimbursements ........................
− 8,575,000
(7.5)
Amount payable from the General Fund (Item 3480-001-0001) ........................
− 3,672,000
(8)
Amount payable from the Surface Mining and Reclamation Account (Item 3480-001-0035) ........................
−2,254,000
(9)
Amount payable from the State Highway Account, State Transportation Fund (Item 3480-001-0042) ........................
−12,000
(10)
Amount payable from the Soil Conservation Fund (Item 3480-001-0141) ........................
−1,484,000
(11)
Amount payable from the Hazardous and Idle-Deserted Well Abatement Fund (Section 3206 of the Public Resources Code) ........................
−106,000
(12)
Amount payable from the Mine Reclamation Account (Item 3480-001-0336) ........................
−4,333,000
(13)
Amount payable from the Strong-Motion Instrumentation and Seismic Hazards Mapping Fund (Item 3480-001-0338) ........................
−8,801,000
(13.5)
Amount payable from the California Farmland Conservancy Program Fund (Item 3480-001-0867) ........................
−134,000
(14)
Amount payable from the Federal Trust Fund (Item 3480-001-0890) ........................
−2,992,000
(15)
Amount payable from the Bosco-Keene Renewable Resources Investment Fund (Item 3480-001-0940) ........................
−2,223,000
(16)
Amount payable from the Abandoned Mine Reclamation and Minerals Fund Subaccount, Mine Reclamation Account (Item 3480-001-3025) ........................
−541,000
(17)
Amount payable from the Acute Orphan Well Account, Oil, Gas, and Geothermal Administrative Fund (Item 3480-001-3102) ........................
−805,000
(17.5)Amount payable from the Timber Regulation and Forest Restoration Fund (Item 3480-001-3212) ........................ ........................ −1,219,000
(18)
Amount payable from the Agriculture and Open Space Mapping Subaccount (Item 3480-001-6004) ........................
−404,000
(19)
Amount payable from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (Item 3480-001-6029) ........................
−503,000
(20)
Amount payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (Item 3480-001-6031) ........................
−420,000
(21)
Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 3480-001-6051) ........................
−1,638,000
Provisions:
1.
Notwithstanding any other provision of law, upon approval and order of the Department of Finance, the Department of Conservation may borrow sufficient funds, from special funds that otherwise provide support for the department, to meet cashflow needs due to delays in collecting reimbursements. Any loan made by the Department of Finance pursuant to this provision may be made only if the Department of Conservation has a valid contract or certification signed by the client agency, which demonstrates that sufficient funds will be available to repay the loan. All moneys so transferred shall be repaid to the special fund as soon as possible, but not later than one year from the date of the loan.

SEC. 4.

 Item 3500-403 of Section 2.00 of the Budget Act of 2012 is repealed.

SEC. 5.

 Item 5180-101-0001 of Section 2.00 of the Budget Act of 2012 is amended to read:
5180-101-0001—For local assistance, Department of Social Services ........................
887,601,000
Schedule:
(1)
16.30-CalWORKs ........................
3,077,847,000
(2)
16.65-Other Assistance Payments ........................
1,707,423,000
(3)
Reimbursements ........................
−759,000
(4)
Amount payable from the Emergency Food Assistance Program Fund (Item 5180-101-0122) ........................
−640,000
(5)
Amount payable from the Federal Trust Fund (Item 5180-101-0890) ........................
−3,886,424,000
(6)
Amount payable from the Child Support Collections Recovery Fund (Item 5180-101-8004) ........................
−9,846,000
Provisions:
1.(a)
No funds appropriated in this item shall be encumbered unless every rule or regulation adopted and every all-county letter issued by the State Department of Social Services that adds to the costs of any program is approved by the Department of Finance as to the availability of funds before it becomes effective. In making the determination as to availability of funds to meet the expenditures of a rule, regulation, or all-county letter that would increase the costs of a program, the Department of Finance shall consider the amount of the proposed increase on an annualized basis, the effect the change would have on the expenditure limitations for the program set forth in this act, the extent to which the rule, regulation, or all-county letter constitutes a deviation from the premises under which the expenditure limitations were prepared, and any additional factors relating to the fiscal integrity of the program or the state’s fiscal situation.
(b)
Notwithstanding Sections 28.00 and 28.50, the availability of funds contained in this item for rules, regulations, or all-county letters that add to program costs funded from the General Fund in excess of $500,000 on an annual basis, including those that are the result of a federal regulation, but excluding those that are (a) specifically required as a result of the enactment of a federal or state law or (b) included in the appropriation made by this act, shall not be approved by the Department of Finance sooner than 30 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee, or sooner than such lesser time after notification as the chairperson of the joint committee, or his or her designee, may in each instance determine.
2.
Notwithstanding Chapter 1 (commencing with Section 18000) of Part 6 of Division 9 of the Welfare and Institutions Code, a loan not to exceed $500,000,000 shall be made available from the General Fund, from funds not otherwise appropriated, to cover the federal share of costs of a program or programs when the federal funds have not been received by this state prior to the usual time for transmitting that federal share to the counties of this state. This loan from the General Fund shall be repaid when the federal share of costs for the program or programs becomes available.
3.
The Department of Finance may authorize the transfer of amounts from this item to Item 5180-001-0001 in order to fund the costs of the administrative hearing process associated with the CalWORKs program.
4.(a)
The Department of Finance is authorized to approve expenditures in those amounts made necessary by changes in either caseload or payments, including, but not limited to, the timing of federal payments, or any rule or regulation adopted and any all-county letter issued as a result of the enactment of a federal or state law, the adoption of a federal regulation, or a court action, during the 2012–13 fiscal year that are within or in excess of amounts appropriated in this act for that year.
(b)
If the Department of Finance determines that the estimate of expenditures will exceed the expenditures authorized for this item, the department shall so report to the Legislature. At the time the report is made, the amount of the appropriation made in this item shall be increased by the amount of the excess unless and until otherwise provided by law.
5.
Nonfederal funds appropriated in this item which have been budgeted to meet the state’s Temporary Assistance for Needy Families maintenance-of-effort requirement established pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) may not be expended in any way that would cause their disqualification as a federally allowable maintenance-of-effort expenditure.
6.
In the event of declared disaster and upon county request, the State Department of Social Services may act in the place of any county and assume direct responsibility for the administration of eligibility and grant determination. Upon recommendation of the Director of Social Services, the Department of Finance may authorize the transfer of funds from this item and Item 5180-101-0890, to Items 5180-001-0001 and 5180-001-0890, for this purpose.
7.
Pursuant to the Electronic Benefit Transfer (EBT) Act (Chapter 3 (commencing with Section 10065) of Part 1 of Division 9 of the Welfare and Institutions Code) and in accordance with the EBT System regulations (Manual of Policies and Procedures Section 16-401.15), in the event a county fails to reimburse the EBT contractor for settlement of EBT transactions made against the county’s cash assistance programs, the state is required to pay the contractor. The State Department of Social Services may use funds from this item to reimburse the EBT contractor for settlement on behalf of the county. The county shall be required to reimburse the department for the county’s settlement via direct payment or administrative offset.
8.
The Department of Finance is authorized to approve expenditures for the California Food Assistance Program in those amounts made necessary by changes in the CalFresh Program Standard Utility Allowance, including those that result from midyear Standard Utility Allowance adjustments requested by the state. If the Department of Finance determines that the estimate of expenditures will exceed the expenditure authority of this item, the department shall so report to the Legislature. At the time the report is made, the amount of the appropriation made in this item shall be increased by the amount of the excess unless and until otherwise provided by law.

SEC. 6.

 Section 35.50 of the Budget Act of 2012 is amended to read:

SEC. 35.50.

 (a) For purposes of paragraph (1) of subdivision (f) of Section 10, and subdivision (g) of Section 12, of Article IV of the California Constitution, “General Fund revenues” means the total resources available to the General Fund for a fiscal year before any transfer to the Budget Stabilization Account.
(b) For purposes of subdivision (g) of Section 12 of Article IV of the California Constitution, “all appropriations from the General Fund for that fiscal year” shall not include any transfer to the Budget Stabilization Account to retire Economic Recovery Bonds because that amount is reflected in the “amount of any General Fund moneys transferred to the Budget Stabilization Account.”
(c) For purposes of subdivision (g) of Section 12 of Article IV of the California Constitution, the estimate of General Fund revenues for the 2012–13 fiscal year pursuant to this act, as passed by the Legislature, is $93,343,000,000.
(d) For purposes of subdivision (b) of Section 20 of Article XVI of the California Constitution, General Fund revenues shall be defined as revenues and transfers before any transfer to the Budget Stabilization Account, excluding any proceeds from Economic Recovery Bonds, as estimated in the enacted State Budget.
(e) Except as provided in this subdivision, the net final payment accrual methodology shall not be implemented with regard to revenue for the 2012–13 and prior fiscal years.
The net final payment accrual methodology shall be implemented with regard to any change in state law which is enacted during 2012.

SEC. 7.

 Sections 1 to 6, inclusive, of this act shall become operative only if Assembly Bill 1464 or Senate Bill 1004 of the 2011–12 Regular Session is enacted as the Budget Act of 2012.

SEC. 8.

 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.