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AB-104 Corrections facilities: financing.(2019-2020)



Current Version: 06/10/19 - Amended Senate         Compare Versions information image


AB104:v98#DOCUMENT

Amended  IN  Senate  June 10, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 104


Introduced by Assembly Member Ting Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Chiu, Cooper, Frazier, Cristina Garcia, Jones-Sawyer, Limón, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O’Donnell, Ramos, Reyes, Luz Rivas, Blanca Rubio, Mark Stone, Weber, Wicks, and Wood)

December 03, 2018


An act relating to the Budget Act of 2019. An act to amend Section 15819.403 of the Government Code, relating to corrections, and making an appropriation therefor, to take effect immediately, bill related to the budget.


LEGISLATIVE COUNSEL'S DIGEST


AB 104, as amended, Committee on Budget. Budget Act of 2019. Corrections facilities: financing.
Existing law authorizes the Department of Corrections and Rehabilitation to design and construct new, or renovate existing, buildings and any necessary ancillary improvements at facilities under the department’s jurisdiction to provide medical, dental, and mental health treatment or housing. Existing law limits financing pursuant to this authorization to specified facilities and projects, including all projects established by the board in the Health Care Facility Improvement Program. Under existing law, costs for design and construction, including renovation, and construction-related costs for all projects approved for financing by the State Public Works Board may not exceed $1,089,579,000. Existing law continuously appropriates the funds derived from interim financing, revenue bonds, negotiable notes, or negotiable bond anticipation notes issued pursuant to these provisions to the board on behalf of the department for these purposes.
This bill would increase the maximum amount of costs authorized for the purposes described above to $1,139,429,000. The bill would make the additional $92,850,000 available for allocation to any project established by the board in the Health Care Facility Improvement Program, subject to existing requirements, including that each allocation be approved by the board and that the Department of Finance report specified information regarding the project to the Joint Legislative Budget Committee and the fiscal committees of each house of the Legislature at least 20 days before the board’s approval. By increasing the amount of funds that are continuously appropriated to the board on behalf of the department for these purposes, the bill would make an appropriation.
This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.

Vote: MAJORITY   Appropriation: NOYES   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 15819.403 of the Government Code is amended to read:

15819.403.
 (a) The board may issue revenue bonds, negotiable notes, or negotiable bond anticipation notes pursuant to this part to finance the design and construction, including, without limitation, renovation, and the costs of interim financing of the projects authorized in Section 15819.40. Authorized costs for design and construction, including, without limitation, renovation, and construction-related costs for all projects approved for financing by the board shall not exceed one billion six million three hundred sixty-nine thousand dollars ($1,006,369,000) for subdivision (a) of Section 15819.40, and one billion eighty-nine million five hundred seventy-nine thousand dollars ($1,089,579,000) one billion one hundred thirty-nine million four hundred twenty-nine thousand dollars ($1,139,429,000) for subdivision (b) of Section 15819.40.
(b) Notwithstanding Section 13340, funds derived from interim financing, revenue bonds, negotiable notes, or negotiable bond anticipation notes issued pursuant to this chapter are hereby continuously appropriated to the board on behalf of the Department of Corrections and Rehabilitation for the purposes specified in Section 15819.40.
(c) For the purposes of this section, “construction-related costs” shall include mitigation costs of local government and school districts and shall be made available pursuant to subdivisions (c) and (d) of Section 7005.5 of the Penal Code. It is the intent of the Legislature that any payments made for mitigation shall be made in a timely manner.
(d) Notwithstanding any other law, the financing authorized in this section for projects approved pursuant to subdivision (a) of Section 15819.40 shall only be used for the California Health Care Facility, Stockton project and the conversion of the DeWitt Nelson Youth Correctional Facility to a semiautonomous annex facility to the California Health Care Facility. In addition, the financing authorized in this section for projects approved pursuant to subdivision (b) of Section 15819.40 shall only be used for the following projects:
(1) The California Medical Facility, Vacaville: Intermediate Care Facility.
(2) The California Institution for Women, Chino: Acute/Intermediate Care Facility.
(3) The California State Prison Los Angeles County, Lancaster: Enhanced Outpatient Program Treatment and Office Space.
(4) The California Men’s Colony, San Luis Obispo: Mental Health Crisis Beds Facility.
(5) The California Medical Facility, Vacaville: Enhanced Outpatient Program Treatment and Office Space.
(6) The California State Prison, Sacramento: Psychiatric Services Unit Treatment and Office Space.
(7) The California State Prison, Corcoran: Administrative Segregation Unit/Enhanced Outpatient Program Treatment and Office Space.
(8) The Salinas Valley State Prison, Soledad: Enhanced Outpatient Program Treatment and Office Space.
(9) The Central California Women’s Facility, Chowchilla: Enhanced Outpatient Program Treatment and Office Space.
(10) All projects established by the board in the Health Care Facility Improvement Program.
(e) The amount authorized in subdivision (a) for subdivision (b) of Section 15819.40 reflects an increase of forty-three million dollars ($43,000,000) ninety-two million eight hundred fifty thousand dollars ($92,850,000) to fund any project established by the board in the Health Care Facility Improvement Program, subject to all of the following:
(1) Each allocation shall be approved by the board.
(2) Not less than 20 days prior to the board’s approval, the Department of Finance shall report to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the respective fiscal committee of each house of the Legislature the following:
(A) The name of the project, the additional allocation received, the reason for this allocation, and the estimated date of completion.
(B) The amount remaining to be allocated to other projects.

SEC. 2.

 This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
SECTION 1.

It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.