Today's Law As Amended


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AB-1624 Budget Act of 2022.(2021-2022)



As Amends the Law Today


SECTION 1.00.
 This act shall be known and may be cited as the “Budget Act of 2022.”
SEC. 1.50.
 (a) In accordance with Sections 12460, 13338, and 13344 of the Government Code, it is the intent of the Legislature that this act and other financial transactions authorized outside of this act utilize a coding scheme or structure compatible with the Governor’s Budget, the records of the Controller in legacy systems, and the Financial Information System for California (FI$Cal), and provide for the appropriation of federal funds received by the state and deposited in the State Treasury.
(b) Essentially, the format and style are as follows:
(1) Appropriation item numbers have a structure which is common to all the state’s fiscal systems. The meaning of this structure is as follows:
2720—​Business Unit (known as organization code in legacy systems, indicates the department or entity) (e.g., 2720 represents the Department of the California Highway Patrol)
001—​Reference Code (indicates whether the item is from the Budget Act or some other source and its character (e.g., 001–100 represents state operations in the Budget Act))
0044—​Fund Code (e.g., 0044 represents the Motor Vehicle Account, State Transportation Fund)
(2) Appropriation items are organized in Business Unit order.
(3) All the appropriation items, reappropriation items, and reversion items, if any, for each business unit are adjacent to one another.
(4) Federal funds received by the state and deposited in the State Treasury are appropriated in separate items.
(c) The Department of Finance may authorize revisions to the codes or structures used in this act or used in other spending authority outside of this act to provide compatibility between the codes or structures used in this act or in other spending authority outside of this act and those used in the Governor’s Budget, in the records of the Controller in legacy systems, and in FI$Cal.
(d) Notwithstanding any other law, the Department of Finance may revise the schedule of any appropriation made in this act or in other spending authority outside of this act where the revision is of a technical nature and is consistent with legislative intent. These revisions may include, but shall not be limited to, the distribution of any unallocated amounts within an appropriation and the adjustment of schedules to facilitate departmental accounting operations. These revisions shall include a certification that the revisions comply with the intent and limitation of expenditures as appropriated by the Legislature.
(e) Notwithstanding any other law, and in accordance with legislative intent, the Department of Finance may authorize technical changes or corrections in FI$Cal or the Controller’s legacy systems resulting from or related to the conversion or implementation of FI$Cal for the current or past fiscal years, including, but not limited to, any of the following:
(1) Corrections to errors inadvertently created during the data conversion process from legacy systems into FI$Cal.
(2) Corrections or changes related to renumbering of programs and capital outlay projects. FI$Cal requires a different numbering scheme for the programs, elements, components, and tasks and projects. A new set of numbers is being utilized in FI$Cal different from what is reflected in prior budget acts and other authorizing sources. A comprehensive crosswalk facilitates the translation from programs, elements, components, and tasks to programs and subprograms and projects.
(3) Corrections or changes necessary to ensure compatibility among the legacy systems of the Controller and departments, and with that of FI$Cal. Multiple coding systems and structures (or chart of accounts) are being utilized during the transition period and until all departments and the Controller’s control functions are fully implemented in FI$Cal.
SEC. 1.51.
 For purposes of this act, a citation to a budget act includes all acts amending that budget act.
SEC. 1.80.
 (a) The following sums of money and those appropriated by any other sections of this act, or so much thereof as may be necessary unless otherwise provided herein, are hereby appropriated and available for encumbrance or expenditure for the use and support of the State of California for the 2022–23 fiscal year beginning July 1, 2022, and ending June 30, 2023. All of these appropriations, unless otherwise provided herein, shall be paid out of the General Fund in the State Treasury and shall be available for liquidation of encumbrances in accordance with Section 16304.1 of the Government Code.
(b) All capital outlay appropriations and reappropriations, unless otherwise provided herein, are available as follows:
(1) Studies, preliminary plans, working drawings, and performance criteria, appropriations are available for encumbrance or expenditure until June 30, 2023.
(2) All other capital outlay appropriations are available for encumbrance or expenditure until June 30, 2025.
(c) Whenever by constitutional or statutory provision the revenues or receipts of any institution, department, board, bureau, commission, officer, employee, or other agency, or any moneys in any special fund created by law therefor, are to be used for any proper purpose, expenditures shall be made therefrom for any such purpose only to the extent of the amount therein appropriated, unless otherwise stated herein.
(d) Appropriations for purposes not otherwise provided for herein that have been heretofore made by any existing constitutional or statutory provision shall continue to be governed thereby.

GENERAL SECTIONS
STATEWIDE

Whenever herein an appropriation is made for support, it shall include salaries and all other proper expenses, including repairs and equipment, incurred in connection with the institution, department, board, bureau, commission, officer, employee, or other agency for which the appropriation is made.
Each item appropriating funds for salaries and wages includes the additional funds necessary to continue the payment of the amount of salaries in effect on June 30, 2022, for the state officers whose salaries are specified by statute.
Whenever herein an appropriation is made for capital outlay, it may include acquisition of land or other real property to be owned by the state. It may also include minor projects, studies, specifications, design, construction, and equipment necessary in connection with a construction, repair, or improvement project on state-owned or state-leased property.
Whenever herein any item of appropriation contains provisions for acquisition of land or other real property, it shall include all necessary expenses in connection with the acquisition of the property.
Whenever herein an appropriation is made in accordance with a schedule set forth after the appropriation, the expenditures from that item for each program or project included in the schedule shall be limited to the amount specified for that program or project, except as otherwise provided in this act. Each schedule is a restriction or limitation upon the expenditure of the respective appropriation made by this act, does not itself appropriate any moneys, and is not itself an item of appropriation.
As used in this act in reference to the schedules, “program” or “project” means a class of expenditure.
(a) “Programs” include all expenditures required to carry out the objectives of the named activity.
(b) “Projects” include expenditures to carry out a particular phase, or multiple phases, of work attributed to a project. For capital outlay projects, phases are budgeted as subschedules under the “project” schedule within an item of appropriation.
As used in this act in reference to the subschedules, the following means a class of expenditure such as, but not limited to:
(1) “Studies,” when used in conjunction with a capital outlay project, are defined as budget package development, site studies and suitability reports, master planning, environmental studies and services, architectural programming, engineering assessments, and schematic design.
(2) “Acquisition” is defined as the acquisition of land or other real property in fee simple or any lesser right or interest.
(3) “Preliminary plans” are defined as a site plan, architectural floor plans, elevations, outline specifications, and a cost estimate. For each utility, site development, conversion, and remodeling project, the drawings shall be sufficiently descriptive to accurately convey the location, scope, cost, and the nature of the improvement being proposed.
(4) “Working drawings” are defined as a complete set of plans and specifications showing and describing all phases of a project, architectural, structural, mechanical, electrical, civil engineering, and landscaping systems to the degree necessary for the purposes of accurate bidding by contractors and for the use of artisans in constructing the project. All necessary professional fees and administrative service costs are included in the preparation of these drawings.
(5) “Construction,” when used in connection with a capital outlay project, shall include all such related things as fixtures, installed equipment, auxiliary facilities, contingencies, project construction, management, administration, and associated costs.
(6) “Performance criteria” are defined as the information that fully describes the scope of the proposed project and includes, but is not limited to, the size, type, and design character of the buildings and site; the required form, fit, function, operational requirements, and quality of design, materials, equipment, and workmanship; and any other information deemed necessary to sufficiently describe the state’s needs. Performance criteria may include concept drawings, which include any schematic drawings or architectural renderings that are prepared in such detail as is necessary to sufficiently describe the state’s needs.
(7) “Design-build” phase means the period following the award of a contract to a design-build entity in which the design-build entity completes the design and construction activities necessary to fully complete the project in compliance with the terms of the contract.
(8) “Minor projects” include planning, working drawings, construction, improvements, and equipment projects not specifically set forth in the schedule.
For the purpose of further interpreting the meaning of the words, terms and phrases, and uniform codes used in the schedules, reference is hereby made to those documents entitled, “State of California Governor’s Budget for 2022–23” submitted by the Governor to the Legislature at the 2022 portion of the 2021–22 Regular Session, the uniform accounting system prescribed by the Department of Finance under the provisions of Section 13300 and following of the Government Code, the Uniform Codes Manual, and the appropriate portions thereof. The Department of Finance shall establish interpretations necessary to carry out the provisions of this section and shall furnish the same to the Controller and to every state agency to which appropriations are made under this act.
SEC. 3.10.
 (a) Notwithstanding any other provision of law, and in accordance with legislative intent, the Department of Finance may authorize subschedule transfers, as defined in Section 3.00, within individual capital outlay items of appropriation in those instances where the transfers are necessary for the efficient and cost-effective implementation of the projects funded by this act.
SEC. 3.50.
 Whenever an appropriation is made for support or other expenses for an institution, department, board, bureau, commission, officer, employee, or other agency, the following shall be charged to the appropriation from which salaries and wages are paid: workers’ compensation, compensation paid to employees on approved leave of absence on account of sickness, unemployment compensation benefits, industrial disability leave and payments, nonindustrial disability benefits and payments, the administrative costs of the Merit Award Program provided by Section 19823 of the Government Code, the state’s contribution to the Public Employees’ Retirement Fund as provided by Sections 20822 and 20824 of the Government Code, the state’s contribution to the Teachers’ Retirement Fund as provided by Sections 22950, 22951, and 23000 of the Education Code, the state’s contribution to the Old Age and Survivors’ Insurance Revolving Fund as provided by Sections 22601 and 22602 of the Government Code, the state’s contribution to the Old Age and Survivors’ Insurance Revolving Fund for payment of hospital insurance taxes imposed by the Internal Revenue Code, the state’s contribution to the Public Employees’ Contingency Reserve Fund, the state’s contribution for the cost of health benefits plans as provided by Sections 22871, 22881, and subdivision (b) of Section 22883 of the Government Code, and the state’s contribution for costs of other employee benefits and the administrative costs associated with the provision of benefits established by any state agency legally authorized to negotiate and set salary and benefit levels.
As of the effective date of this act, the state’s contributions, as provided by Sections 22871, 22881, and subdivision (b) of Section 22883 of the Government Code, for costs of any other employee benefits and the administrative costs associated with the provisions of these benefits established by any state agency legally authorized to negotiate and set salary and benefit levels for any month shall be charged to the same appropriations used for payment of salaries and wages from which the employee premium contributions for such month are deducted.
The appropriations made by Sections 20822, 20824, 22871, 22881, and subdivision (b) of Section 22883 of the Government Code, and by Sections 22950, 22951, and 23000 of the Education Code, shall continue to be available for expenditure and shall be charged for any expenditure that is not chargeable to an appropriation for support or other expenses as provided in this section. This transfer may be chargeable to such appropriation for a previous fiscal year if there are no funds available from that fiscal year.
The Controller may transfer to the State Payroll Revolving Fund the contributions required by Sections 20822, 20824, 22871, 22881, and subdivision (b) of Section 22883 of the Government Code, contributions required for payment of the hospital insurance tax, and upon certification by the Board of Administration of the Public Employees’ Retirement System as required by Section 20826 of the Government Code, may transfer from the State Payroll Revolving Fund to the Public Employees’ Retirement Fund and the Old Age and Survivors’ Insurance Revolving Fund the amounts of contributions.
SEC. 3.60.
 (a) Notwithstanding any other law, the employers’ retirement contributions for the 2022–23 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 shall be the percentage of salaries and wages by state member category, as follows:
Miscellaneous, First Tier ........................  32.50%
California State University, Miscellaneous, First Tier ........................  32.50%
Miscellaneous, Second Tier ........................  32.50%
State Industrial ........................  22.78%
State Safety ........................  23.08%
Peace Officer/Firefighter ........................  53.25%
California State University, Peace Officer/Firefighter ........................  53.25%
Highway Patrol ........................  65.92%
Judges’ Retirement System II ........................  24.24%
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 2022–23 fiscal year retirement benefits to achieve the percentages specified in this subdivision. Beginning in the 2013–14 fiscal year, adjustments to the California State University (CSU) rates are applied to the actual pensionable 2013–14 fiscal year payroll, which is $2,307,876,000, as identified by the Controller. This process establishes pension funding adjustments through this section for CSU. This results in pension funding for CSU of $675,465,000 General Fund for the 2021–22 fiscal year. These amounts also will be part of the total appropriation in Item 6610-001-0001.
(b) Notwithstanding any other 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 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) Of the percentage of salaries and wages by state member categories identified in subdivision (a), the following percentages are estimated to be the result of the increased employee contributions pursuant to Chapter 296 of the Statutes of 2012 (AB 340), known as the California Public Employees’ Pension Reform Act of 2013, and will be directed toward the state’s unfunded pension liability:
Miscellaneous, First Tier ........................  0.10%
California State University, Miscellaneous, First Tier ........................  0.10%
Miscellaneous, Second Tier ........................  0.10%
State Industrial ........................  0.88%
State Safety ........................  1.18%
Peace Officer/Firefighter ........................  1.65%
California State University, Peace Officer/Firefighter ........................  1.65%
Highway Patrol ........................  1.32%
The contributions to the unfunded liability, as a result of the percentages of salaries and wages in this subdivision, are estimated to be $135,394,692 ($93,248,207 General Fund) for the 2022–23 fiscal year.
(e) The Director of Finance may adjust the percentage levels of the employers’ retirement contributions listed in subdivisions (a) and (d) as a result of rates provided by the Board of Administration of the Public Employees’ Retirement System. The Director of Finance shall notify the Controller by executive order of adjustments made pursuant to this subdivision. Within 30 days of making an adjustment pursuant to this subdivision, the Director of Finance shall report the adjustment in writing to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations.
(f) (1) In addition to the employers’ retirement contributions listed in subdivisions (a) and (d), the Department of Finance may direct the Controller to transfer up to the amount identified for appropriation pursuant to subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution equivalent to the amount described in paragraph (3) of subdivision (d) of Section 35.50 to supplement the state’s retirement contributions for the 2022–23 fiscal year.
(2) The Director of Finance shall direct the Controller to transfer the amount specified in paragraph (1) to either of the following:
(A) The Public Employees’ Retirement Fund.
(B) The Surplus Money Investment Fund and other funds in the Pooled Money Investment Account that accrue interest to the General Fund, for repayment of principal and interest of a cash loan that was made to supplement the state’s retirement contributions.
(3) The supplemental payment described in this subdivision is for unfunded liabilities for state-level pension plans in excess of current base amounts for the 2022–23 fiscal year. Therefore, any amount transferred to a fund identified in paragraph (2) constitutes an obligation pursuant to subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution.
(4) The Director of Finance shall provide the Controller a schedule of the timing and amounts to be used for purposes of this subdivision.
SEC. 3.61.
 Contribution to Prefund Other Postemployment Benefits.
(a) Notwithstanding any other law, the employers’ contribution for prefunding other postemployment benefits for the 2022–23 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, the Judges’ Retirement System, the Judges’ Retirement System II, or the Legislators’ Retirement System and who is in that employment or office shall be the monthly dollar amount or the percentage of pensionable compensation by bargaining unit, retirement category, fund source, or state office, department, division, board, bureau, commission, organization, or agency, as follows:
Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20,
and 21, Service Employees International
Union ........................ 3.5% of pensionable compensation.
Bargaining Unit 2, California Attorneys,
Administrative Law Judges, and Hearing Officers
in State Employment ........................ 2.0% of pensionable compensation.
Bargaining Unit 5, California Association of
Highway Patrolmen ........................ 5.9% of pensionable compensation.
Bargaining Unit 6, California Correctional Peace Officers
Association ........................ 4.0% of pensionable compensation.
Bargaining Unit 7, California Statewide Law
Enforcement Association ........................ 4.0% of pensionable compensation.
Bargaining Unit 8, California Department of
Forestry Firefighters ........................ 4.4% of pensionable compensation.
Bargaining Unit 9, Professional Engineers in
California Government ........................ 2.0% of pensionable compensation.
Bargaining Unit 10, California Association of
Professional Scientists ........................ 2.1% of pensionable compensation.
Bargaining Unit 12, International Union of
Operating Engineers ........................ 4.1% of pensionable compensation.
Bargaining Unit 13, International Union of
Operating Engineers ........................ 3.9% of pensionable compensation.
Bargaining Unit 16, Union of American Physicians
and Dentists ........................ 1.4% of pensionable compensation.
Bargaining Unit 18, California Association of
Psychiatric Technicians ........................ 4.5% of pensionable compensation.
Bargaining Unit 19, American Federation of
State, County, and Municipal
Employees ........................ 3.0% of pensionable compensation.
Exempt and excluded employees with a
collective bargaining identification designation
of “E” ........................ 2.4% of pensionable compensation.
State employees of the Judicial Branch (excluding
justices) ........................ 2.3% of pensionable compensation.
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 the employers’ contributions for prefunding other postemployment benefits for the 2022–23 fiscal year to achieve the percentages specified in this subdivision.
(b) Notwithstanding any other 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 subdivision (a) are made.
(c) The Director of Finance may adjust the percentage levels of the employers’ contribution for prefunding other postemployment benefits listed in subdivision (a) in accordance with either of the following:
(1) Labor agreements or other legislation approved by the Legislature.
(2) For employees excluded from collective bargaining, in accordance with salary and benefit schedules established by the Department of Human Resources.
(d) The Director of Finance shall notify the Controller by executive order of adjustments made pursuant to subdivision (c). The executive order shall be submitted not sooner than 30 days after notification of the adjustments in writing 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 the chairperson’s designee, may in each instance determine.
SEC. 4.05.
 Notwithstanding any other provision of law, each item of appropriation provided in this act or other spending authority provided outside of this act, with the exception of those 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 the net savings achieved through operational efficiencies and other cost-reduction measures including, but not limited to, reorganizations, eliminations of boards and commissions, rate changes, contract reductions, elimination of excess positions, and the cancellation or postponement of information technology projects. The Director of Finance shall allocate the necessary adjustment to each item of appropriation or other spending authority to reflect savings achieved. The Director of Finance may authorize an augmentation to any item of appropriation provided in this act or outside this act to reflect the costs related to reorganizations, consolidations, or eliminations of agencies, departments, boards, commissions, or programs. The Department of Finance shall make the final determination of the budgetary and accounting transactions to ensure proper implementation of reorganizations and eliminations.
SEC. 4.11.
 To promote greater transparency in how departments use position authority, the Department of Finance shall report to the Joint Legislative Budget Committee and Legislative Analyst by January 10 of each year the past year actual numbers for each of the following: (1) percentage of vacant positions for each department, by month; (2) total authorized positions for each department; and (3) average percentage of vacant positions throughout the year for each department. This report shall be posted on the Department of Finance’s website and easily accessible by the public from the department’s eBudget website.
SEC. 4.13.
 Notwithstanding any other provision of law, the Department of Finance may adjust General Fund expenditures resulting from the final redirection calculation and appeals pursuant to Chapter 24 of the Statutes of 2013 (AB 85). Upon order of the Department of Finance, any payment to a county based on the AB 85 final reconciliation shall be transferred by the Controller to the health account within the county’s local health and welfare trust fund.
SEC. 4.20.
 Notwithstanding any other law, the employer’s contributions to the Public Employees’ Contingency Reserve Fund, as required by Section 22885 of the Government Code, shall be 0.33 percent of the gross health insurance premiums paid by the employer and employee for administrative expenses. The Director of Finance may, not sooner than 30 days after notification to the Joint Legislative Budget Committee, adjust the rate to ensure a two-month reserve in the Public Employees’ Contingency Reserve Fund.
SEC. 4.30.
 (a) Notwithstanding any other provision of law, the Director of Finance may adjust amounts in appropriation items, including funds transferred to the Expense Account in the Public Buildings Construction Fund, for rental payments on lease-purchase and lease-revenue bonds in this act as a result of changes from amounts budgeted for the costs for the 2022–23 fiscal year.
(b) Notwithstanding any other provision of law, the adjustments for rental payments may be made from funds appropriated for this purpose or from any other funds legally available.
(c) Within 30 days of making any adjustments pursuant to this section, the Department of Finance shall report the adjustments in writing to the Joint Legislative Budget Committee.
SEC. 4.72.
 Upon presentation of project cost information by the Department of General Services, the Department of Finance may augment any non-General Fund item of appropriation of any department by an amount sufficient to reimburse the Department of General Services for activities related to engineering assessments and electric vehicle charging infrastructure at state facilities.
SEC. 4.75.
 The Director of Finance may adjust any item of appropriation for departmental support for the purpose of reimbursing the Department of General Services for centralized costs billed through the statewide surcharge.
SEC. 4.80.
 In the event bonds authorized for issuance by the State Public Works Board are not sold and interim financing costs have been incurred, departments that have incurred those costs shall commit a sufficient portion of their support appropriations to repay the interim financing costs.
SEC. 4.90.
 Notwithstanding any other provision of law, the Department of Finance may transfer any funds previously transferred from the General Fund to the Architecture Revolving Fund back to the General Fund.
SEC. 4.95.
 Notwithstanding any other provision of law, the Department of Finance may transfer any funds previously transferred from the General Fund to the Inmate Construction Revolving Account back to the General Fund.
SEC. 5.25.
 (a) Payment of the attorney’s fees specified in paragraphs (1) and (2) arising from actions in state courts against the state, its officers, and officers and employees of state agencies, departments, boards, bureaus, or commissions shall be paid from items of appropriation that support the state operations of the affected agency, department, board, bureau, or commission:
(1) State court actions filed pursuant to Section 1021.5 of the Code of Civil Procedure, the “private attorney general” doctrine, or the “substantial benefit” doctrine.
(2) Writ of mandate actions filed pursuant to Section 10962 of the Welfare and Institutions Code.
(b) Expenditures pursuant to subdivision (a) shall be made by the Controller, subject to the approval of the Director of Finance, and shall be charged to the fiscal year in which the disbursement is issued.
(c) A payment shall not be made by the Controller for expenditures pursuant to subdivision (a) except in full and final satisfaction of the claim, settlement, compromise, or judgment for attorney’s fees incurred in connection with a single action.
(d) The Director of Finance shall notify the Chairperson of the Joint Legislative Budget Committee, the Chairperson of the Senate Committee on Budget and Fiscal Review, and the Chairperson of the Assembly Committee on Budget pursuant to Items 9840-001-0001, 9840-001-0494, and 9840-001-0988 of Section 2.00 when there are insufficient funds appropriated in support of the state operations of the affected agency, department, board, bureau, or commission to satisfy the claim completely.
SEC. 6.00.
 The Director of Finance may, pursuant to a request by a department to which an appropriation is made by this act, authorize the use of up to $3,000,000 appropriated for support purposes for one or more of the acquisition, preliminary plans, working drawings, construction, performance criteria, or design-build phases of any project for the improvement of a state facility, provided that overall project costs do not exceed $3,000,000. Any approved request costing more than $500,000 shall be reported to the Chairperson of the Joint Legislative Budget Committee, or the chairperson’s designee, not less than 30 days prior to initiating the requesting action.
SEC. 8.00.
 (a) Notwithstanding Section 28.00, any amounts received from the federal government for the purposes of funding antiterrorism costs in the state that exceed the current appropriation of federal funds for that purpose, are hereby appropriated. These federal funds shall be allocated upon order of the Director of Finance to state departments for state or local assistance purposes or directly to local governments to address high-priority needs for costs of funding antiterrorism incurred in the 2021–22 fiscal year and ongoing or new costs for the 2022–23 fiscal year.
(b) Allocations made to state departments may be used to offset expenditures paid or to be paid from other funding sources. Allocations made for the purpose of an offset shall be applied as a negative expenditure to the appropriation where the expenditure has been or will be charged.
(c) Allocations pursuant to this section may be authorized not sooner than 30 days after notification to the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the Chairperson of the Joint Legislative Budget Committee, or the chairperson’s designee, may in each instance determine.
SEC. 8.50.
 (a) In making appropriations to state agencies that are eligible for federal programs, it is the intent and understanding of the Legislature that applications made by the agencies for federal funds under federal programs shall be for the maximum amount allowable under federal law. Therefore, any amounts received from the federal government are hereby appropriated from federal funds for expenditure or for transfer to, and disbursement from, the State Treasury fund established for the purpose of receiving the federal assistance subject to any provisions of this act that apply to the expenditure of these funds, including Section 28.00.
(b) However, if federal funds for block grant programs assumed by the state or for any item receiving federal funds are reduced by more than 5 percent of the amount appropriated in this act, the Director of Finance shall notify the chairpersons of the committees in each house of the Legislature that consider appropriations, and the Chairperson of the Joint Legislative Budget Committee, in writing within 30 days after notification by the federal government that federal funds have been reduced, and shall include an estimate of the amount of the available or anticipated federal funds, the 2022–23 fiscal year expenditures of each program affected by the reduction, the effect of reduced funding on service levels authorized by this act, and a plan of reduced expenditures for each program affected by the reduction. The plan shall be operational on an interim basis for up to 45 days pending legislative review, after which time the plan shall become permanent.
(c) Any expenditure of federal Temporary Assistance for Needy Families (TANF) block grant funds in excess of the amounts specified and appropriated in this act are subject to the notification procedures and requirements set forth in Section 28.00, or Provision 4 of Item 5180-101-0001, or Item 5180-402, of Section 2.00, whichever is applicable. The notification and other requirements of Section 28.00 also shall apply to any proposed substitution of TANF block grant funds for other state or federal funds.
SEC. 8.51.
 Each state agency shall, by certification to the Controller, identify the account within the Federal Trust Fund when charges are made against any appropriation made herein from the Federal Trust Fund.
SEC. 8.52.
 (a) The Director of Finance may reduce items of appropriation upon receipt or expenditure of federal trust funds in lieu of the amount appropriated for the same purpose and may make allocations for the purpose of offsetting expenditures. Allocations made for the purpose of offsetting existing expenditures shall be applied as a negative expenditure to the appropriation where the expenditure was charged.
(b) The director shall notify in writing the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the fiscal committees in each house of the Legislature not less than 30 days prior to the effective date of any adjustments to items of appropriations made pursuant to this section or not sooner than whatever lesser time the Chairperson of the Joint Legislative Budget Committee, or the chairperson’s designee, may in each instance determine. The notification shall include, but not be limited to, the basis for the proposed appropriation adjustments, a description of the fiscal assumptions used in making the appropriation adjustments, and any necessary background information regarding the programs to be adjusted. Any expenditure of federal funds for purposes other than offsetting other fund appropriations shall continue to be subject to the provisions of Section 28.00.
SEC. 8.53.
 It is the intent of the Legislature that reductions to federal funds appropriated in the Budget Bill enacted for each fiscal year, resulting from federal audits, be communicated to the Legislature in a timely manner. Therefore, notwithstanding any other provision of law, an agency, department, or other state entity receiving a final federal audit or deferral letter shall provide a copy of it to the Chairperson of the Joint Legislative Budget Committee within 30 days.
SEC. 8.54.
 (a) It is the intent of the Legislature that the State of California collect federally allowable statewide indirect costs, except where prohibited by federal statutes. If the Department of Finance determines a state agency is not recovering allowable statewide indirect costs from the federal government as required by Sections 13332.01 and 13332.02 of the Government Code, the Department of Finance may reduce any appropriation for state operations for the state agency by an amount not to exceed 1 percent and transfer that amount to the Central Service Cost Recovery Fund, the General Fund, or both, as allocated by the Department of Finance.
(b) The Department of Finance shall notify in writing the Chairperson of the Joint Legislative Budget Committee not less than 30 days prior to the effective date of any reductions to items of appropriation made pursuant to this section or not sooner than whatever lesser time the chairperson of the joint committee, or the chairperson’s designee, may in each instance determine. The notification shall contain the following: (1) the state agency name, (2) the amount of central services costs that was not recovered, (3) the item of appropriation that will be reduced, and (4) the amount of the reduction to the appropriation and the amount of the transfer to the Central Service Cost Recovery Fund, the General Fund, or both.
SEC. 8.75.
 (a) In order to maximize the state’s receipt of federal funds, it is the intent of the Legislature in enacting this section to provide flexibility and streamline the administrative approval process for providing state funds, including General Fund, to meet state matching requirements and take full advantage of funding opportunities made available under the Infrastructure Investment and Jobs Act (P.L. 117-58).
(b) In the event that unanticipated formula or competitive fund opportunities are made available for a state department under the Infrastructure Investment and Jobs Act, the Director of Finance may provide the department a letter of commitment, if one is needed, for state funds, including the General Fund, if the department lacks an alternative viable funding source, to indicate the state’s commitment to meet the state match requirements mandated for Infrastructure Investment and Jobs Act programs.
(c) In the event that unanticipated formula or competitive fund opportunities under the Infrastructure Investment and Jobs Act are awarded to a state department, the Department of Finance may adjust any item in Section 2.00 or create a new item to provide state funds, including the General Fund, if the department lacks an alternative viable funding source, to meet state match requirements mandated for Infrastructure Investment and Jobs Act programs.
(d) Any adjustment pursuant to this section shall not be made prior to 30 days after the Director of Finance notifies the Chairperson of the Joint Legislative Budget Committee in writing of the purposes of the planned adjustment, and justification for the adjustment amount. The Chairperson of the Joint Legislative Budget Committee, or the chairperson’s designee, may shorten or waive that 30 day period by written notification to the Director of Finance.
SEC. 9.30.
 In the event that federal courts issue writs of execution for the levy of state funds and such writs are executed, the Controller shall so notify the Department of Finance. The Department of Finance shall then notify the Controller of the specific appropriation or fund to be charged. Federal writs of execution for the levy of state funds may only be charged against appropriations or funds having a direct programmatic link to the circumstances under which the federal writ was issued. If the appropriate department or agency no longer exists, or no linkage can be identified, the federal writ shall be charged to the unappropriated surplus of the General Fund. In the event that an appropriation in the act would have insufficient funding by such a charge, funding augmentations must follow the regular budget processes.
SEC. 9.50.
 For minor capital outlay projects for which, pursuant to Section 10108 of the Public Contract Code, the services of the Department of General Services are not required and a state agency or department is authorized to carry out its own project, the amount of the unencumbered balance of the project shall be determined in accordance with this section. Upon receipt of bids for the project, an estimate of any amount necessary for the completion of the project, including supervision, engineering, and other items, if any, shall be deemed a valid encumbrance and shall be included with any other valid encumbrance in determining the amount of an unencumbered balance.
SEC. 11.00.
 The Department of Finance shall report to the Joint Legislative Budget Committee when a reportable information technology project’s overall costs increase by $5,000,000 or 20 percent of the budgeted cost of the project, whichever is less. Each report shall include all of the following: (a) the total change in cost, scope, and schedule; (b) the reason for the change or changes; (c) a description of new, amended, or new and amended contracts required as a result of the change or changes; (d) a list of the risks and issues identified in the last two Independent Verification and Validation and Independent Project Oversight Reports and any risk and issue that has been identified since those reports; and (e) the department’s planned mitigation of these risks and issues. The report shall be made no less than 30 calendar days prior to any commitment to a new contract or contract amendment that is a result of the change or changes identified above, or a lesser period if requested by the department and approved by the Chairperson of the Joint Legislative Budget Committee or the chairperson’s designee.
SEC. 11.10.
 (a) Before a department may enter into or amend a statewide software license agreement not previously approved by the Legislature that obligates state funds in the current year or future years, the Director of Finance shall notify the Legislature whether or not the obligation will result in a net expenditure or savings. A department shall prepare and submit to the Department of Finance a business proposal containing the following elements: installed base analysis, future use (including assumptions for future use), the reason for choosing a statewide license agreement rather than any other procurement method such as a volume purchase agreement, a cost-benefit analysis, a cost-allocation methodology, and a funding plan. A statewide software license agreement may not be entered into or amended unless the approval of the Director of Finance is first obtained and written notification of that approval is provided by the department to the Chairperson of the Joint Legislative Budget Committee, and the chairpersons of the budget committees of each house of the Legislature, not less than 30 days prior to the effective date of the approval, or not less than whatever shorter period prior to the effective date of the approval the chairperson of the joint committee, or the chairperson’s designee, may in each instance determine. Each notification required by this section shall:
(1) Explain the necessity and rationale for the proposed agreement.
(2) Identify the cost savings, revenue increase, or other fiscal benefit of the proposed agreement.
(3) Identify the funding source for the proposed agreement.
(b) For purposes of this section, “statewide software license agreement” means a software license contract that can be used by multiple state agencies subject to Article 2 (commencing with Section 13320) of Chapter 3 of Part 3 of Division 3 of Title 2 of the Government Code except that this section shall not apply to the University of California, the California State University, the State Compensation Insurance Fund, the community college districts, agencies provided for by Article VI of the California Constitution, or the Legislature.
(c) Subdivision (a) does not apply if the amount of the proposed contract or amendment is less than $1,000,000 in the aggregate.
SEC. 11.11.
 To protect the privacy of state employees and ensure the security of the payment of public funds, all departments, boards, offices, and other agencies and entities of the state shall distribute pay warrants and direct deposit advices to employees in a manner that ensures that personal and confidential information contained on the warrants and direct deposit advices is protected from unauthorized access. The Department of Human Resources shall advise all departments, boards, offices, and other agencies and entities of state government of the requirements contained in this section.
SEC. 11.91.
 (a) Notwithstanding any other provision of this act or any other law, the Department of Finance may augment or decrease the amounts appropriated in the following items to reflect response and recovery funding needs related to the COVID-19 Pandemic: Items 4260-101-0001, 4260-101-0890, 4260-113-0001, 4260-113-0890, 4265-021-0001, 4440-011-0001, and 5225-021-0001. Any funds decreased from the amounts appropriated in these items shall be returned to the General Fund and may be transferred from the General Fund to any other fund for costs related to the redirection of state staff for COVID-19 contact tracing activities and vaccination coordination. The Department of Finance may also transfer funding between these items, or to any other item, for response and recovery costs related to the COVID-19 Pandemic.
(b) The funds appropriated in the items described in subdivision (a) shall not be transferred, decreased, or augmented pursuant to subdivision (a) prior to 10 days after the Director of Finance notifies the Joint Legislative Budget Committee, in writing, of the purposes of the planned transfer, decrease, or augmentation, and the justification for the amount of the proposed transfer, decrease, or augmentation. The Chairperson of the Joint Legislative Budget Committee, or the chairperson’s designee, may shorten or waive that 10-day period by written notification to the Director of Finance.
SEC. 11.95.
 (a) It is the intent of the Legislature in enacting this section to effectively administer increased federal funding for home and community-based services made available by Section 9817 of the federal American Rescue Plan Act of 2021 (P.L. 117-2) and to provide necessary flexibility to claim and expend all available increased federal funding. It is the intent of the Legislature to continue the funding system and flexibilities established pursuant to Section 11.95 of the 2021 Budget Act.
(b) (1) The State Department of Health Care Services shall claim increased federal funds for qualified services and shall transfer funds equivalent to the amount of federal funds attributable to the increased federal funding and which are required to be spent to enhance, expand, and strengthen home and community-based services pursuant to federal law to the Home and Community-Based Services American Rescue Plan Fund, which was established in the State Treasury by Section 11.95 of the 2021 Budget Act.
(2) In order to implement paragraph (1), the Director of Finance may augment any item of appropriation from the Federal Trust Fund or federal reimbursement authority to account for increased federal funding and may reduce any item of appropriation from the General Fund or other state funds to reflect savings resulting from the increased federal funding deposited in the Home and Community-Based Services American Rescue Plan Fund pursuant to paragraph (1).
(3) The Controller shall, upon the order of the Director of Finance, transfer funds between the Home and Community-Based Services American Rescue Plan Fund, General Fund, Federal Trust Fund, any other state fund, or any item of appropriation.
(c) Monies deposited in the Home and Community-Based Services American Rescue Plan Fund, together with any interest earned by these funds, shall be available upon appropriation by the Legislature for purposes authorized under and consistent with federal law, regulations, and guidance. Except as provided in this section, allocations of these funds shall be made in the annual Budget Act or other legislation. Sections 8.50 and 28.00 do not apply to the funds described in this section.
(d) (1) All appropriations from the Home and Community-Based Services American Rescue Plan Fund shall be available for encumbrance or expenditure through December 31, 2023, unless an earlier deadline is specified at the time of appropriation. All obligations from the Home and Community-Based Services American Rescue Plan Fund shall be available for liquidation until June 30, 2026.
(2) The Director of Finance may extend the dates of availability for encumbrance or expenditure of any appropriation described in paragraph (1) if a later deadline is authorized by the federal government or if the Director of Finance determines that the department, office, or other state entity will complete the program, project, or function such that funds will be encumbered or expended by March 31, 2024.
(3) The Director of Finance may extend or shorten the dates of availability for liquidation of any appropriation described in paragraph (1) to conform to federal law, regulations, or guidance.
(e) (1) The Director of Finance may adjust the expenditure authority of items of appropriation made by this Budget Act or by any other law from the Home and Community-Based Services American Rescue Plan Fund and schedules thereof consistent with subdivisions (a) and (c) and paragraph (2) of this subdivision. It is the intent of the Legislature that changes to the home and community-based services spending plan be considered during development of the budget for the 2023–24 fiscal year to the extent feasible.
(2) Adjustments made pursuant to this subdivision may be authorized only for the following purposes:
(A) To transfer expenditure authority between items of appropriations, programs, projects, and functions within the home and community-based services spending plan to effectively administer the funding.
(B) To provide expenditure authority for activities required to ensure full compliance with federal requirements including conducting audits and addressing audit findings.
(C) To decrease expenditure authority if available funding is projected to be lower than the sum of all appropriations or if an expenditure is disallowed by federal law, regulations, or guidance.
(D) To increase expenditure authority for any activity included in the revised Home & Community Based-Services Spending Plan submitted to the Centers for Medicare & Medicaid Services on September 17, 2021 in order to expend all available increased federal funding.
(f) The provisions of subdivisions (c), (d), and (e) shall be applicable to any appropriations from the Federal Trust Fund and federal fund reimbursement authority associated with or matching expenditures from the Home and Community-Based Services American Rescue Plan Fund.
(g) The Director of Finance may administratively establish new items of appropriation, transfer authority, reimbursement authority, programs, projects, and functions if one does not exist and is necessary to implement this section.
(h) Distributions of funding pursuant to subdivision (c) and adjustments made pursuant to subdivision (b), (d), (e), (f), or (g) may be authorized not sooner than 30 days after notification in writing of the amount, purposes, and necessity thereof is provided to the Joint Legislative Budget Committee, or not sooner than whatever lesser time after that notification the chairperson of the joint committee, or the chairperson’s designee, may in each instance determine.
(i) A loan or loans shall be made available from the General Fund to the Home and Community-Based Services American Rescue Plan Fund not to exceed $750,000,000. The loan funds shall be transferred as needed to meet cash flow needs due to delays in claiming federal funds pursuant to subdivision (b) and federal reimbursements described by subdivision (f). All moneys so transferred shall be repaid as soon as sufficient funds have been claimed to meet immediate cash needs and in installments if the loan is outstanding for more than one year.
(j) This section shall be implemented only to the extent that any necessary federal approvals are obtained by the State Department of Health Care Services and federal financial participation under the Medi-Cal program is available and is not otherwise jeopardized.
(k) The Director of Finance shall notify the Controller by executive order of adjustments made pursuant to this section and shall provide a schedule of the timing and amounts to be used for purposes of this section.
(l) The Department of Finance shall report in writing on February 1, 2023, the amount of unexpended or unencumbered appropriations from the Home and Community-Based Services American Rescue Plan Fund as of June 30, 2022, and the projected amount of unexpended or unencumbered appropriations for June 30, 2023, by programmatic area to the Joint Legislative Budget Committee and the chairpersons of the budget committees and relevant subcommittees in each house of the Legislature.
SEC. 11.96.
 (a) It is the intent of the Legislature in enacting this section to provide flexibility for administrative adjustments, to fully spend the $27,017,016,860 in federal funds allocated from the Coronavirus Fiscal Recovery Fund as authorized by the federal American Rescue Plan Act of 2021 (P.L. 117-2), that support the state’s response to the COVID-19 public health emergency, address the negative economic impacts caused by COVID-19, support eligible infrastructure, or are otherwise eligible expenditures pursuant to federal law or guidance. These funds shall be deposited in the Coronavirus Fiscal Recovery Fund of 2021 and may earn interest. Up to $10,000,000 of the interest earned from these funds may be used to address unanticipated workload. Additional interest earned from these funds shall not be spent without an appropriation by the Legislature in another statute.
(b) Except as provided in this section, allocations of these funds shall be made in the annual Budget Act or another statute. Section 28.00 does not apply to the funds described in this section.
(c) Notwithstanding any other provision of this act or any other law, any appropriation from the Coronavirus Fiscal Recovery Fund of 2021 shall be available for expenditure or encumbrance through June 30, 2024, unless an earlier deadline is specified at the time of appropriation. These dates may be extended if the Director of Finance determines a later deadline is authorized by the federal government or that a department will complete the program, project, or function such that funds will be expended or encumbered by December 31, 2024.
(d) The Department of Finance may authorize the establishment of positions and transfer amounts within a program, project, or function, in or between a department’s state operations, local assistance, and capital outlay items, to support the implementation of the same programmatic purpose appropriated by the Legislature from the Coronavirus Fiscal Recovery Fund of 2021, pursuant to this act. Any transfer or reallocation for other purposes shall require an appropriation by the Legislature in another statute.
(e) The Director of Finance may adjust any item of appropriation to reallocate funds not encumbered as of August 1, 2024, to ensure funds are expended or encumbered by the federal deadline for other allowable activities.
(f) The Director of Finance shall annually report in writing by February 1, 2022, and each year thereafter the amount of unexpended or unencumbered funds by program to the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations.
(g) All obligations from the Coronavirus Fiscal Recovery Fund of 2021 shall be liquidated by the end of the period of performance of December 31, 2026, unless the Director of Finance determines this deadline should be adjusted pursuant to any changes authorized by the federal government, including regulations or federal guidance.
(h) The funds described in subdivision (a) may be allocated to offset or reduce appropriations in the 2020–21, 2021–22, and 2022‒23 fiscal years for eligible activities.
(i) The Director of Finance may authorize the augmentation of the funds described in subdivision (a) for expenditure to conduct an audit or address audit findings to mitigate and ensure full compliance and use of these funds for the intended purposes in subdivision (a) consistent with federal requirements for any program, project, or function in the schedule of any item of appropriation in this act. If no item for a department currently exists, then an item may be created for this purpose.
(j) The Director of Finance may transfer funds from the Coronavirus Fiscal Recovery Fund of 2021 to any other state fund to offset expenditures in the 2020‒21, 2021‒22, and 2022‒23 fiscal years related to the state’s direct response to the COVID-19 public health emergency.
(k) The Director of Finance may transfer up to $11,232,549,000 from the Coronavirus Fiscal Recovery Fund of 2021 to the General Fund over fiscal years 2021‒22 and 2022‒23 combined based on the estimated amount of revenue loss calculated pursuant to federal statute and guidance from the United States Treasury. The notification requirement in subdivision (n) does not apply to this transfer. However, the Director of Finance must notify the Joint Legislative Budget Committee if the amount transferred pursuant to this paragraph is less than $11,232,549,000 within 10 days after the transfer.
(l) The Director of Finance may reduce the amount appropriated from the Coronavirus Fiscal Recovery Fund of 2021 in the Budget Act of 2021 and allocate a like amount of General Fund for the following programs. If no item for a department currently exists to allow for adjustments for an allocation, then an item may be created for this purpose. The State Controller shall shift any transactions posted to the Coronavirus Fiscal Recovery Fund of 2021 to the General Fund as directed by Finance.
(1) Labor Agency—​Community Economic Resilience Fund ($600 million) allocated in Item 0559-162-8506 of the Budget Act of 2021 (Chs. 21, 43, 69, and 84, Stats. 2021).
(2) Various Departments—​Other Disaster Response Costs ($486 million).
(3) ScholarShare Investment Board—​Child Savings Accounts ($370 million) allocated in Item 0954-162-8506 of the Budget Act of 2021 (Chs. 21, 43, 69, and 84, Stats. 2021).
(4) State Lands Commission—​Economic Support for Ports ($250 million) allocated in Item 3560-162-8506 of the Budget Act of 2021 (Chs. 21, 43, 69, and 84, Stats. 2021).
(5) Department of Social Services—​Foodbank Assistance ($30 million).
(m) The Director of Finance may reduce the amount appropriated from the Coronavirus Fiscal Recovery Fund of 2021 in the Budget Act of 2021 and allocate a like amount from the Mental Health Services Fund for the following program. If no item for a department currently exists to allow for adjustments for an allocation, then an item may be created for this purpose. The State Controller shall shift any transactions posted to the Coronavirus Fiscal Recovery Fund of 2021 to the Mental Health Services Fund as directed by Finance.
(1) Mental Health Oversight and Accountability Commission—​Youth Behavioral Health Grants ($100 million) allocated in Items 4560-162-8506 and 4560-062-8506 of the Budget Act of 2021 (Chs. 21, 43, 69, and 84, Stats. 2021).
(n) Adjustments authorized pursuant to this section shall not be expended prior to 30 days after the Director of Finance notifies the Joint Legislative Budget Committee in writing of the purposes of the planned expenditure and the justification for the amount proposed for expenditure. The Chairperson of the Joint Legislative Budget Committee, or the chairperson’s designee, may shorten or waive that 30-day period by written notification to the Director of Finance.
SEC. 11.97.
 It is the intent of the Legislature that federal fund appropriations for capital outlay projects that may be excluded from the state appropriations limit, as provided in Article XIII B of the California Constitution, be funded with General Fund resources to the maximum extent possible in fiscal year 2022‒23. The Department of Finance shall determine if any appropriation of federal funds meets the definition of qualified capital outlay projects pursuant to Section 7914 of the Government Code. If the Department of Finance determines that a capital outlay federal fund appropriation qualifies, except for federal funds specifically allocated for capital outlay projects, the Director of Finance may replace the identified appropriation with eligible noncapital outlay expenditures appropriated from the General Fund, but only to the extent necessary to remain below the state appropriations limit for the 2022‒23 fiscal year.
SEC. 12.00.
 For the purposes of Article XIII B of the California Constitution, there is hereby established a state “appropriations limit” of $131,365,000,000 for the 2022–23 fiscal year.
Any judicial action or proceeding to attack, review, set aside, void, or annul the “appropriations limit” for the 2022–23 fiscal year shall be commenced within 45 days of the effective date of this act.
SEC. 12.30.
 There is hereby appropriated from the General Fund for transfer to the Special Fund for Economic Uncertainties by the Controller, upon order of the Director of Finance, an amount necessary to bring the balance of this special fund up to the amount stated in the 2022–23 Final Change Book for the 2022–23 fiscal year ending balance. The amount so transferred shall be reduced by the amount of excess revenues subject to Section 2 of Article XIII B of the California Constitution, as determined by the Director of Finance.
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 the chairperson’s 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 2022–23 fiscal year are $73,134,450,000, or 38.4 percent of total General Fund revenues, Education Protection Account revenues, and transfers subject to the state appropriations limit. General Fund and Education Protection Account revenues appropriated for school districts are $62,148,754,000, or 32.6 percent of total General Fund revenues, Education Protection Account revenues, and transfers subject to the state appropriations limit. General Fund and Education Protection Account revenues appropriated to school districts and community college districts for adult education and K–12 Career Technical Education Strong Workforce Program are $889,744,000, or 0.5 percent of total General Fund revenues, Education Protection Account revenues, and transfers subject to the state appropriations limit. General Fund and Education Protection Account revenues appropriated for community college districts are $6,937,175, or 3.6 percent of total General Fund revenues, Education Protection Account revenues, and transfers subject to the state appropriations limit. General Fund and Education Protection Account revenues appropriated for other state agencies that provide direct elementary and secondary level education, as defined in Section 41302.5 of the Education Code, are $97,534,000, or 0.1 percent of total General Fund revenues, Education Protection Account revenues, and transfers subject to the state appropriations limit. General Fund and Education Protection Account revenues transferred to the Public School System Stabilization Account are $3,061,243,000, or 1.6 percent of total General Fund revenues, Education Protection Account revenues, and transfers subject to the state appropriations limit.
(c) Notwithstanding any preexisting budgetary or accounting requirements to the contrary, the Department of Finance shall make the final determination of the proper budgeting and accounting of the revenues received by, and disbursements from, the Education Protection Account.
SEC. 12.35.
 Notwithstanding any other law, the Student Aid Commission shall not implement any change in policy or practice that would have a fiscal effect exceeding $5,000,000 in any year to the costs of the programs funded in Item 6980-101-0001 unless the change is first approved by the Director of Finance and notice is provided by the Director of Finance to the chairpersons of the fiscal committees of each house of the Legislature not less than 30 days prior to the effective date of the approval. Each notification shall (a) explain the necessity for the change in policy or practice and (b) identify the fiscal effect of the change in the current fiscal year and subsequent fiscal years. It is the intent of the Legislature not to affect the entitlements of the Cal Grant Program.
SEC. 13.00.
 (a) Notwithstanding any other provision of law, expenditures under Items 0160-001-0001 and 0160-001-9740 of Section 2.00 or any appropriation in augmentation of those items shall be exempt from Chapter 5.5 (commencing with Section 11531) of Part 1 of, and Article 2 (commencing with Section 13320) of Chapter 3 of Part 3 of, Division 3 of Title 2 of the Government Code, Division 2 (commencing with Section 1100) of the Public Contract Code, or successor statutes, and subdivision (a) of Section 713 of Title 2 of the California Code of Regulations, and may be expended as set forth in the Governor’s Budget, or for other purposes, including expenditures for the number of positions in various classifications authorized by the Joint Rules Committee.
(b) Notwithstanding any other provision of law, the unencumbered balances as of June 30, 2023, of the appropriations made by Items 0160-001-0001 and 0160-001-9740 of Section 2.00 are reappropriated and shall be available for encumbrance until June 30, 2024, for the same programs and purposes for which appropriations for these items have been made by this act.
(c) Notwithstanding any other provision of law, all moneys that are received as payment for the sale of services or personal property by the agency that have not been taken into consideration in the schedule of Item 0160-001-0001 of Section 2.00 or are in excess of the amount so taken into consideration are to be credited to that item and are hereby appropriated in augmentation of that item for the same programs and purposes for which appropriations for that item have been made by this act.
SEC. 14.00.
 (a) Notwithstanding any other provision of law, if the Director of Consumer Affairs determines in writing that there is insufficient cash in a special fund under the authority of a board, commission, or bureau of the Department of Consumer Affairs to make one or more payments currently due and payable, the director may order the transfer of moneys to that special fund, in the amount necessary to make the payment or payments, as a loan from a special fund under the authority of another board, commission, or bureau of the department. That loan shall be subject to all of the following conditions:
(1) No loan from a special fund shall be made that would interfere with the carrying out of the purpose for which the special fund was created.
(2) The loan shall be repaid as soon as there are sufficient moneys in the recipient fund to repay the amount loaned, but no later than a date 24 months after the date of the loan. Interest on the loan shall be paid from the recipient fund at the rate accruing during the loan period to moneys in the Pooled Money Investment Account.
(3) The amount loaned shall not exceed the amount that the appropriate board, commission, or bureau is statutorily authorized at the time of the loan to expend during the 2022–23 fiscal year from the recipient fund.
(4) The terms and conditions of the loan are approved, prior to the transfer of funds, by the Department of Finance pursuant to appropriate fiscal standards.
(b) (1) Notwithstanding any other provision of law, the Department of Consumer Affairs, during the 2022–23 fiscal year, may order the release of moneys from the clearing account in the Consumer Affairs Fund in an amount exceeding the amount advanced to the clearing account from a special fund within the department, as a loan to make one or more payments on behalf of that special fund that are currently due and payable. To the extent that the amount of moneys currently in the clearing account is insufficient to make the payment or payments on behalf of that special fund, the department may transfer additional moneys to the clearing account from any other special fund under the authority of a board, commission, or bureau of the department to include in the loan. A loan made to a special fund under this subdivision shall be subject to all of the following conditions:
(A) The loan shall not be made if it would reduce the amount advanced to the clearing account from another special fund, or the amount contained in that special fund, as applicable, to an extent that would interfere with the carrying out of the purpose for which that special fund was created.
(B) The loan shall be repaid as soon as there are sufficient moneys in the recipient fund to repay the amount loaned, but no later than a date 60 days after the date of the loan.
(C) The amount loaned shall not exceed the amount that the appropriate board, commission, or bureau is statutorily authorized at the time of the loan to expend during the 2022–23 fiscal year from the recipient fund.
(2) For purposes of this subdivision, the “clearing account” in the Consumer Affairs Fund is the account established in that fund, consisting of moneys advanced from the various special funds within the department, from which the Department of Consumer Affairs pays operating and other expenses of each special fund in an amount ordinarily not exceeding the amount advanced from that special fund.
(c) The Director of Consumer Affairs shall provide a report by April 1, 2023, on all loans initiated or repayments made pursuant to subdivision (a) or (b) within the preceding fiscal year to the chairperson of the budget committee, and the chairperson of the appropriate legislative oversight committee, of each house of the Legislature.
(d) At least 10 days prior to initiating a loan to be made pursuant to subdivision (a) or (b), the Director of Consumer Affairs shall provide written notification to the Joint Legislative Budget Committee if either (1) any loan from any one fund exceeds $200,000 or (2) the aggregate amount of loans from any one fund exceeds $200,000.
SEC. 15.14.
 (a) Any appropriation from the Greenhouse Gas Reduction Fund shall be subject to the restrictions specified in subdivision (b).
(b) No department shall encumber or commit more than 75 percent of any appropriation prior to the fourth cap and trade auction in the 2022–23 fiscal year. Upon determination of the final amount of auction proceeds after the fourth cap and trade auction, the Department of Finance shall make a final determination for the expenditure of the remaining available auction proceeds. The Department of Finance shall notify the Joint Legislative Budget Committee no later than 30 days after its final determination.
(c) Subparagraph (A) of paragraph (3) of subdivision (b) of Section 39719 of the Health and Safety Code requires 5 percent of annual proceeds be transferred to the Safe and Affordable Drinking Water Fund. The Director of Finance may transfer to the Safe and Affordable Drinking Water Fund an additional amount equal to the difference between the amount transferred in a quarter pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 39719 of the Health and Safety Code and $32,500,000 per quarter of the 2022–23 fiscal year.
(d) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to guidelines or other standards adopted and used by a state agency in administering an allocation of moneys from the Greenhouse Gas Reduction Fund.
(e) The following amounts shall not be included in determining the amount of annual proceeds of the fund for purposes of the calculation in Section 39719 of the Health and Safety Code:
(1) Amounts appropriated by subparagraph (A) of paragraph (3) of subdivision (g) of Section 6377.1 of the Revenue and Taxation Code.
(2) Amounts described in Sections 4210 to 4214, inclusive, of the Public Resources Code to replace the revenues generated by the State Responsibility Area fire prevention fee authorized by Section 4212 of the Public Resources Code, which is suspended, pending repeal, pursuant to Section 4213.05 of the Public Resources Code.
SEC. 15.25.
 (a) Notwithstanding any other provision of law, the Director of Finance may adjust amounts in any item of appropriation in Section 2.00 resulting from changes in rates for data center services in the 2021 or 2022 calendar year.
(b) The aggregate amount of General Fund appropriation increases provided under this section during the fiscal year may not exceed the aggregate amount of General Fund appropriation decreases.
(c) Within 30 days of making any adjustment pursuant to this section, the Department of Finance shall report the adjustment in writing to the Joint Legislative Budget Committee.
SEC. 15.45.
 The Controller shall offset General Fund payments to the Trial Court Trust Fund in Section 2.00 with any funds received from county offices of education for reimbursement of trial court costs pursuant to Section 2578 of the Education Code. These offsets shall be recorded as a reduction of total expenditures and shall not be a reduction to any department or program budget item.
SEC. 24.00.
 For each fiscal year, the donations and oil and mineral revenues from federal lands that are deposited in the State School Fund shall be divided between Sections A and B of the State School Fund, with 85 percent of these revenues to be credited to Section A of the fund exclusively for regular apportionments for school districts serving pupils in kindergarten or any of grades 1 to 12, inclusive, and 15 percent to Section B of the fund exclusively for community college district regular apportionments. The amounts accruing to the State School Fund under this section shall be disbursed fully before any General Fund transfers to Section A or B of the State School Fund are disbursed for regular apportionments.
SEC. 24.03.
 Notwithstanding any other provision of law, funds appropriated by Section 2.00, 8.50, 28.00, 28.50, or any other provision of this act may not be expended for the support of any program, network, or material, with the exception of instruction to pupils who are identified as deaf or hearing impaired pursuant to paragraphs (3) and (5) of Section 300.8(c) of Title 34 of the Code of Federal Regulations, that promotes or uses reading instruction methodologies that emphasize contextual clues in lieu of fluent decoding.
SEC. 24.30.
 Notwithstanding any other provision of law, the Controller, upon the order of the Director of Finance, shall transfer sale and lease revenues received pursuant to Sections 17089 and 17089.2 of the Education Code, in an amount determined by the Department of Finance, from the State School Building Aid Fund to the General Fund.
SEC. 24.60.
 Each state entity receiving lottery funds shall annually report to the Governor and the Legislature on or before May 15 the amount of lottery funds that the entity received and the purposes for which those funds were expended in the prior fiscal year, including administrative costs. The Department of Education shall report on behalf of K–12 entities. If applicable, the entity shall also report the amount of lottery funds received on the basis of adult education average daily attendance (ADA) and the amount of lottery funds expended for adult education.
SEC. 24.70.
 From the funds appropriated to the State Department of Education for local assistance, the department shall ensure that the expenditure of funds allocated to a local educational agency (LEA), through a contract between the department and the LEA or through a grant from the department to the LEA, shall be subject to the LEA’s fiscal accountability policies and procedures. If it is necessary for the LEA to establish a separate entity to complete the work scope of the contract or grant, the fiscal accountability policies and procedures for that entity shall be the same as those of the LEA, or amended only with the approval of both the superintendent of schools of the LEA and a fiscal representative of the department designated by the Superintendent of Public Instruction. Further, the department shall have the authority to provide for an audit of the expenditures under the contract or grant between the department and the LEA to verify conformance with appropriate fiscal accountability policies and procedures. The cost of the audit, if required, shall be charged to the audited contract or grant.
SEC. 25.40.
 Notwithstanding any other provision of law, the Department of Finance may adjust amounts in any appropriation item, or in any category thereof, to remove amounts budgeted from any state departments, that are used to reimburse the Department of General Services for Contracted Fiscal Services, budgeting and accounting services.
SEC. 25.50.
 Notwithstanding any other provision of law, an amount not to exceed $885,000 is hereby appropriated from various funds to the Controller, as specified below, for reimbursement of costs for the ongoing maintenance and support of the Apportionment Payment System:
0046 Public Transportation Account ........................ 19,000
0062 Highway Users Tax Account ........................ 305,000
0064 Motor Vehicle License Fee Account ........................ 17,000
0330 Local Revenue Fund ........................ 100,000
0877 DMV Local Agency Collection Fund ........................ 2,000
0932 Trial Court Trust Fund ........................ 174,000
0969 Public Safety Account ........................ 268,000
 Total, All Funds ........................ 885,000
The Controller shall assess these funds for the costs of the Apportionment Payment System because apportionment payments in excess of $10,000,000 are made annually from these funds. Assessments in support of the expenditures for the Apportionment Payment System shall be made monthly, and the total amount assessed from these funds may not exceed the total expenditures incurred by the Controller for the Apportionment Payment System for the 2022–23 fiscal year.
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.
(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) Twenty 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) Ten 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 the chairperson’s 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 the chairperson’s designee, may in each instance determine.
SEC. 28.00.
 (a) It is the intent of the Legislature in enacting this section to provide flexibility for administrative approval of augmentations for the expenditure of unanticipated federal funds or other nonstate funds in cases that meet the criteria set forth in this section. However, this section does not provide an alternative budget process, and proposals for additional spending ordinarily should be considered in the annual State Budget or other state legislation. Specifically, augmentations for items which the administration had knowledge to include in its 2022–23 budget plan should not be submitted through the process provided by this section. Augmentations for items which can be deferred to the 2023–24 fiscal year should be included in the administration’s 2023–24 fiscal year budget proposals.
(b) The Director of Finance may authorize the augmentation of the amount available for expenditure for any program, project, or function in the schedule of any appropriation in this act or any additional program, project, or function equal to the amount of any additional, unanticipated funds that the director estimates will be received by the state during the 2022–23 fiscal year from any agency of local government or the federal government, or from any other nonstate source, provided that the additional funding meets all of the following requirements:
(1) The funds will be expended for a purpose that is consistent with state law.
(2) The funds are made available to the state under conditions permitting their use only for a specified purpose, and the additional expenditure proposed under this section would apply to that specified funding purpose.
(3) Acceptance of the additional funding does not impose on the state any requirement to commit or expend new state funds for any program or purpose.
(4) The need exists to expend the additional funding during the 2022–23 fiscal year.
(c) In order to receive consideration for an augmentation, an agency shall either (1) notify the director within 45 days of receiving official notice of the availability of additional, unanticipated funds, or (2) explain in writing to the director why that notification was infeasible or impractical. In either case, the recipient agency shall provide the director a copy of the official notice of fund availability.
(d) The director also may reduce any program, project, or function whenever the director determines that funds to be received will be less than the amount taken into consideration in the schedule.
(e) Any augmentation or reduction that exceeds either (1) $400,000 or (2) 10 percent of the amount available for expenditure in the affected program, project, or function may be authorized 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, 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 sooner than whatever lesser time the chairperson of the joint committee, or the chairperson’s designee, may in each instance determine. With regard to any proposed augmentation, the notification shall state the basis for the determination by the director that the augmentation meets each of the requirements set forth in subdivisions (b) and (c). This notification shall include the date that the recipient department received official notice of the additional funds, and a copy of the agency’s written explanation if a 45-day notice was not provided to the director. This notification requirement does not apply to federal funds related to caseload increases in the Medi-Cal program, California Work Opportunity and Responsibility to Kids (CalWORKs), and the Supplemental Security Income/State Supplementary Payment (SSI/SSP) Program.
(f) Any personnel action that is dependent on funds subject to this section shall not be effective until after the provisions of this section have been complied with. Any authorization made pursuant to this section shall remain in effect for the period the director may determine in each instance, but in no event after June 30, 2023.
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 2022–23 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 2022–23 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 the chairperson’s 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. 29.00.
 The Department of Finance shall calculate and publish a listing of total positions for each department and agency. These listings shall be published by the Department of Finance at the same time as the publication of (a) the Governor’s Budget, (b) the May Revision, and (c) the Final Change Book.
(a) The listing provided at the time of the publication of the Governor’s Budget shall contain actual filled positions for the past year, an estimate of positions for the current year, and proposed positions for the budget year.
(b) The listing provided at the time of publication of the May Revision shall contain estimates of positions proposed for the budget year.
(c) The listing provided at the time of the publication of the Final Change Book shall contain estimates of positions for the fiscal year just enacted.

SEC. 30.00.

 Section 13340 of the Government Code is amended to read:

13340.
 (a) Except as provided in subdivision (b), on and after July 1, 2025, 2023,  no moneys in any fund that, by any statute other than a Budget Act, are continuously appropriated without regard to fiscal years may be encumbered unless the Legislature, by statute, specifies that the moneys in the fund are appropriated for encumbrance.
(b) Subdivision (a) does not apply to any of the following:
(1) The scheduled disbursement of any local sales and use tax proceeds to an entity of local government pursuant to Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code.
(2) The scheduled disbursement of any transactions and use tax proceeds to an entity of local government pursuant to Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code.
(3) The scheduled disbursement of any funds by a state or local agency or department that issues bonds and administers related programs for which funds are continuously appropriated as of June 30, 2025. 2023. 
(4) Moneys that are deposited in proprietary or fiduciary funds of the California State University and that are continuously appropriated without regard to fiscal years.
(5) The scheduled disbursement of any motor vehicle license fee revenues to an entity of local government pursuant to the Vehicle License Fee Law (Part 5 (commencing with Section 10701) of Division 2 of the Revenue and Taxation Code).
SEC. 31.00.
 (a) The appropriations made by this act shall be subject, unless otherwise provided by law, to Section 13320 and Article 2.5 (commencing with Section 13332) of Chapter 3 of Part 3 of Division 3 of Title 2 of the Government Code, requiring expenditures to be made in accordance with the allotments and other provisions of departmental budgets approved by the Department of Finance.
(b) The departmental budgets shall authorize, in the manner that the Department of Finance shall prescribe, all established positions whose continuance for the year is approved. Authorization by the Department of Finance is required for (1) the reclassification of any position to or from a monthly maximum salary of $12,668 or above, regardless of range, (which is equivalent to the monthly maximum salary of the Information Technology Manager II classification as of July 1, 2022) and (2) the establishment of any new position not (A) specifically identified in the Governor’s Budget and approved by the Legislature or (B) approved by the Legislature and specifically documented in the Final Change Book or enacted legislation. Additionally, authorization by the Department of Finance is required for (1) the reclassification of any non-Career Executive Assignment classification to a Career Executive Assignment classification or (2) the administrative establishment of any Career Executive Assignment classification.
(c) The Department of Finance shall, for a period of not less than two years, keep and preserve documentation concerning position changes approved as specified in subdivision (b). The Department of Finance may use electronic means to keep and preserve this documentation.
(d) It is the intent of the Legislature that all positions administratively established pursuant to this section that are intended by the administration to be ongoing be submitted to the Legislature for approval through the regular budget process as soon as possible. All positions administratively established pursuant to this section during the 2022–23 fiscal year shall terminate on June 30, 2023, except for those positions that have been (1) approved by the Legislature as part of the regular budget process for the 2023–24 fiscal year as new positions or (2) approved by the Department of Finance after the 2023–24 Governor’s Budget submission to the Legislature and subsequently reported to the Legislature prior to July 1, 2023. The positions identified in (2) above may be reestablished by the Department of Finance during the 2023–24 fiscal year, provided that these positions are shown in the Governor’s Budget for the 2024–25 fiscal year as submitted to the Legislature, and provided that these positions do not result in the reestablishment of positions deleted by the Legislature through the budget process for the 2023–24 fiscal year. The Department of Finance shall provide written notification to the Chairperson of the Joint Legislative Budget Committee within 30 days of the reestablishment of positions approved in the 2023–24 fiscal year pursuant to (2) above.
(e) Moneys appropriated in the 2022–23 fiscal year may be expended for increases in salary ranges or any other employee compensation action only if appropriated for that purpose, or if the Department of Finance certifies to the salary and other compensation-setting authority, prior to the adoption of the action, that funds are available to pay the increased salary or employee compensation resulting from the action. Prior to certification, the Department of Finance shall determine whether the increase in salary range or employee compensation action will require supplemental funding in the 2023–24 fiscal year. If the Department of Finance determines that supplemental funding will be required, the department may certify only if it notifies in writing, at least 30 days before, the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee, or a lesser time which the chairperson of the joint committee, or the chairperson’s designee, determines.
(f) A certification on a payroll claim that expenditures therein are in accordance with current budgetary provisions as approved by the Department of Finance shall be sufficient evidence to the Controller that these expenditures comply with this section.
(g) Requests to continue administratively established positions as ongoing positions pursuant to subdivision (d) shall include information on the date the positions were administratively established. This information shall be included in the administration’s budget change proposals and finance letters. If the administration requests to establish new positions in the 2023–24 fiscal year, and subsequently decides to administratively establish the positions in the 2022–23 fiscal year, the Department of Finance shall provide written notification to the Chairperson of the Joint Legislative Budget Committee within 30 days of the administrative establishment of the positions.
(h) This section applies to all state agencies, departments, boards, bureaus, and commissions.
SEC. 32.00.
 (a) The officers of the various departments, boards, commissions, and institutions, for whose benefit and support appropriations are made in this act, are expressly forbidden to make any expenditures in excess of these appropriations. Any indebtedness attempted to be created against the state in violation of this section shall be null and void, and shall not be allowed by the Controller nor paid out of any state appropriation.
(b) Any member of a department, board, commission, or institution who shall vote for any expenditure, or create any indebtedness against the state in excess of the respective appropriations made by this act shall be liable both personally and on the member’s official bond for the amount of the indebtedness, to be recovered in any court of competent jurisdiction by the person or persons, firm, or corporation to which the indebtedness is owing. Notwithstanding the foregoing or any other provision of law, a person may not be held personally liable for the amount of any indebtedness created by an expenditure in excess of an appropriation made by this act if all of the following occur: (1) the expenditure is in response to increases in enrollment, population, or caseload by the State Department of Social Services, the Department of Corrections and Rehabilitation, the State Department of Developmental Services, the State Department of State Hospitals, the State Department of Health Care Services, or the State Department of Public Health; (2) that expenditure is incurred no sooner than 30 days after the Director of Finance provides written notification of its necessity to the Chairperson of the Joint Legislative Budget Committee; and (3) if the chairperson does not advise in response that the expenditure shall not occur. The director’s notification shall include a certification of any amounts required by enrollment, population, or caseload, rather than management decisions or policy changes.
(c) Neither subdivision (a) nor (b) applies to the expenditure of moneys to fund continuous appropriations, including appropriations made in the California Constitution, and federal laws mandating the expenditure of funds.
SEC. 33.00.
 If any item of appropriation in this act is vetoed, eliminated, or reduced by the Governor under Section 10 of Article IV of the California Constitution, while approving portions of this act, such veto, elimination, or reduction shall not affect the other portions of this act, and these other portions of this act, so approved, shall have the same effect in law as if any vetoed or eliminated items of appropriation had not been present in this act, and as if any reduced item of appropriation had not been reduced.
SEC. 34.00.
 If any portion of this act is held unconstitutional, that decision shall not affect the validity of any other portion of this act. The Legislature hereby declares that it would have passed this act, and each portion thereof, irrespective of the fact that any other portion be declared unconstitutional.
SEC. 35.21.
 Notwithstanding any other law, the Department of Finance shall not use the estimated net final payment accrual methodology for the accrual of revenues, except for tax revenues that are accrued pursuant to an initiative measure that is enacted on or after January 1, 2012.
SEC. 35.35.
 (a) To ensure cash needs in appropriation are met, departments shall make every reasonable effort to promptly collect reimbursements or amounts payable from other funds or departments, or collect the amounts in advance. Payments between departments may be made by transferring funds pursuant to Section 11255 of the Government Code.
(b) Notwithstanding any other provision of law, if a department impacted by the implementation of FI$Cal demonstrates to the Department of Finance that it is unable to collect reimbursements or amounts payable from other funds or departments as specified in subdivision (a) and a temporary cash shortage arises for the department, the Director of Finance may authorize a short-term cash loan from the General Fund or from other funds administered or used by the requesting department. The cash loan shall be subject to the terms and conditions for repayment as may be prescribed by the Department of Finance. Interest charges may be waived pursuant to subdivision (e) of Section 16314 of the Government Code. Within 10 days after approval, the Director of Finance shall notify the Joint Legislative Budget Committee of loans approved pursuant to this subdivision.
(c) For purposes of the budgetary and legal bases of accounting and budgeting, the principal amount of any loans made pursuant to this section shall not be considered part of the balance of the fund that receives the loan, nor shall it be deducted from the balance of the fund from which the loan is made. These loans are considered cashflow loans for temporary cash shortages and shall not constitute budgetary loans, revenues, or expenditures. The Department of Finance shall make the final determination of the budgetary and accounting transactions and treatments to ensure proper implementation of the provisions of this section, pursuant to Section 13344 of the Government Code.
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 or withdrawal from the Budget Stabilization Account.
(b) For purposes of subdivision (g) of Section 12 of Article IV of the California Constitution, the estimate of General Fund revenues for the 2022–23 fiscal year pursuant to this act, as passed by the Legislature, is $220,934,000,000.
(c) For purposes of paragraph (2) of subdivision (a) of Section 20 of Article XVI of the California Constitution, “General Fund revenues” shall be defined as revenues and transfers before any transfer to or withdrawal from the Budget Stabilization Account.
(d) Pursuant to subdivision (h) of Section 20 of Article XVI of the California Constitution, the following estimates are provided:
(1) For purposes of paragraph (2) of subdivision (a) of Section 20 of Article XVI of the California Constitution, the sum equal to 1.5 percent of General Fund revenues for the 2022–23 fiscal year is $2,869,000,000.
(2) For purposes of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (b) of Section 20 of Article XVI of the California Constitution, capital gain revenues that exceed 8 percent of General Fund proceeds of taxes for the 2022–23 fiscal year is $8,050,000,000.
(3) For purposes of subparagraph (F) of paragraph (1) of subdivision (b) of Section 20 of Article XVI of the California Constitution, the amount of transfer to the Budget Stabilization Account in the 2022–23 fiscal year is $1,565,000,000.
(4) For purposes of clause (ii) of subparagraph (B) of paragraph (2) of subdivision (b) of Section 20 of Article XVI of the California Constitution, the updated estimate of capital gain revenues that exceeds 8 percent of General Fund proceeds of taxes for the 2021–22 fiscal year is $9,424,000,000.
(5) For purposes of subparagraph (G) of paragraph (2) of subdivision (b) of Section 20 of Article XVI of the California Constitution, the first true up of the transfer to the Budget Stabilization Account for the 2021–22 fiscal year is $1,574,000,000.
(6) For purposes of clause (ii) of subparagraph (B) of paragraph (2) of subdivision (b) of Section 20 of Article XVI of the California Constitution, the updated capital gain revenues that exceed 8 percent of General Fund proceeds of taxes for the 2020–21 fiscal year is $8,106,000,000.
(7) For purposes of subparagraph (G) of paragraph (2) of subdivision (b) of Section 20 of Article XVI of the California Constitution, the second true up of the transfer to the Budget Stabilization Account for the 2020–21 fiscal year is $1,948,000,000.
SEC. 38.00.
 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.
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: Bills to be added later.

INDEX BY BUDGET TITLE

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.
DepartmentOrganization Code
 
“A”
 
ABLE Act Board, California ........................
0981
Administrative Law, Office of ........................
7910
Aging, California Commission on ........................
4180
Aging, California Department of ........................
4170
Agricultural Labor Relations Board ........................
7300
Air Resources Board, State ........................
3900
Alcoholic Beverage Control, Department of ........................
2100
Alcoholic Beverage Control Appeals Board ........................
2120
Alternative Energy and Advanced Transportation Financing Authority, California ........................
0971
Arts Council, California ........................
8260
Asian and Pacific Islander American Affairs, California Commission on ........................
8825
Assembly ........................
0120
Auditor’s Office, California State ........................
8855
 
“B”
 
Baldwin Hills Conservancy ........................
3835
Boards.See subject (e.g., Air Resources, etc.)
Business, Consumer Services, and Housing Agency, Secretary of ........................
0515
 
“C”
 
CalSavers Retirement Savings Board ........................
0984
Cannabis Control, Department of ........................
1115
Cannabis Control Appeals Panel ........................
1045
Capital Outlay Planning and Studies Funding ........................
9860
Cash Management and Budgetary Loans ........................
9620
Child Support Services, Department of ........................
5175
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, Department of ........................
1111
Contingencies or Emergencies, Augmentation for ........................
9840
Contingencies or Emergencies (Loans), Augmentation for ........................
9850
Contributions to.See subject (e.g., Judges’ Retirement, Teachers’ Retirement, etc.)
Controller ........................
0840
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, State Department of ........................
4300
 
“E”
 
Education Audit Appeals Panel ........................
6125
Education, State Department of ........................
6100
Educational Facilities Authority, California ........................
0989
Emergency Services, Office of ........................
0690
Emergency Medical Services Authority ........................
4120
Employee Compensation, Augmentation for ........................
9800
Employment Development Department ........................
7100
Energy Infrastructure Safety, Office of ........................
3355
Energy Resources Conservation and Development Commission, State ........................
3360
Enhanced Tobacco Settlement Asset-Backed Bonds ........................
9612
Environmental Health Hazard Assessment, Office of ........................
3980
Environmental Protection, Secretary for ........................
0555
Equalization, State Board of ........................
0860
Equity Claims and Settlements and Judgments ........................
9670
Exposition Park ........................
3100
 
“F”
 
Fair Employment and Housing, Department of ........................
1700
Fair Political Practices Commission ........................
8620
Finance, Department of ........................
8860
Financial Information System for California ........................
8880
Financial Protection and Innovation, Department of ........................
1701
Fish and Wildlife, Department of ........................
3600
Food and Agriculture, Department of ........................
8570
Forestry and Fire Protection, Department of ........................
3540
Franchise Tax Board ........................
7730
 
“G”
 
Gambling Control Commission, California ........................
0855
General Services, Department of ........................
7760
Government Operations, Secretary of ........................
0511
Governor’s Office ........................
0500
Governor’s Office of Business and Economic Development (GO-Biz) ........................
0509
 
“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 Benefit Exchange, California ........................
4800
Health Care Services, State Department of ........................
4260
High-Speed Rail Authority ........................
2665
Highway Patrol, Department of the California ........................
2720
Historic State Capitol Commission ........................
8270
Horse Racing Board, California ........................
1750
Housing and Community Development, Department of ........................
2240
Human Resources, Department of ........................
7501
 
“I”
 
Independent Living Council, State ........................
5170
Industrial Relations, Department of ........................
7350
Institutions (See Department of Corrections and Rehabilitation, State Department of Health Care Services, 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 ........................
0390
Judicial Performance, Commission on ........................
0280
Judicial Branch ........................
0250
Justice, Department of ........................
0820
 
“L”
 
Lands Commission, State ........................
3560
Labor and Workforce Development Agency, Secretary of ........................
0559
Law Revision Commission, California ........................
8830
Legislative Analyst’s Office ........................
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
 
“M”
 
Managed Health Care, Department of ........................
4150
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 Board, State ........................
7503
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
Privacy Protection Agency, California ........................
1703
Public Defender, State ........................
8140
Public Employees’ Retirement System, Board of Administration of the ........................
7900
Public Employment Relations Board ........................
7320
Public Health, State Department of ........................
4265
Public Utilities Commission ........................
8660
 
“R”
 
Real Estate, Department of ........................
2320
Resources Recycling and Recovery, Department of ........................
3970
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
Secretary of State ........................
0890
Senate ........................
0110
Senior Legislature, California ........................
4185
Sierra Nevada Conservancy ........................
3855
Social Services, State Department of ........................
5180
Special Resources Program ........................
3110
State.See subject (e.g., Controller, Treasurer, etc.)
State and Community Corrections, Board of ........................
5227
State Hospitals, State Department of ........................
4440
State Mandates, Commission on ........................
8885
Statewide Health Planning and Development, Office of ........................
4140
Status of Women and Girls, Commission on the ........................
8820
Student Aid Commission ........................
6980
Summer School for the Arts, California State ........................
6255
 
“T”
 
Tahoe Conservancy, California ........................
3125
Tax and Fee Administration, California Department of ........................
7600
Tax Appeals, Office of ........................
0870
Tax Credit Allocation Committee, California ........................
0968
Tax Relief ........................
9100
Teacher Credentialing, Commission on ........................
6360
Teachers’ Retirement System, State ........................
7920
Technology, Department of ........................
7502
Toxic Substances Control, Department of ........................
3960
Transportation, Department of ........................
2660
Transportation, Secretary of ........................
0521
Transportation Commission, California ........................
2600
Treasurer ........................
0950
Trial Court Security—​Court Construction ........................
9285
Trial Court Security—​Judgeships ........................
9286
 
“U”
 
University, California State ........................
6610
University, California State, Health Benefits for Annuitants ........................
6645
University of California ........................
6440
 
“V”
 
Veterans Affairs, Department of ........................
8955
Victim Compensation Board, California ........................
7870
 
“W”
 
Water Resources, Department of ........................
3860
Water Resources Control Board, State ........................
3940
Wildlife Conservation Board ........................
3640
Workforce Development Board, California ........................
7120

INDEX FOR CONTROL SECTIONS

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
 1.51
 Citations to Prior Budget Acts
 1.80
 Availability of Appropriations
 2.00
 Items of Appropriation
 3.00
 Defines Purposes of Appropriations
 3.10
 Subschedule Transfers for Capital Projects
 3.50
 Benefit Charges Against Salaries and Wages
 3.60
 Contribution to Public Employees’ Retirement Benefits
 3.61
 Contribution to Prefund Other Postemployment Benefits
 4.05
 Budget Adjustment Authority
 4.11
 Establishing New Positions
 4.13
 AB 85 Repayments to Counties
 4.20
 Contribution to Public Employees’ Contingency Reserve  Fund
 4.30
 Lease-Revenue Payment Adjustments
 4.72
 Electric Vehicle Charging Infrastructure
 4.75
 Statewide Surcharge
 4.80
 State Public Works Board Interim Financing
 4.90
 Architectural Revolving Fund Transfer
 4.95
 Inmate and Ward 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
 8.75
 Infrastructure Investment and Jobs Act
 9.30
 Federal Levy of State Funds
 9.50
 Minor Capital Outlay Projects
 11.00
 Information Technology Reporting Requirements
 11.10
 Reporting of Statewide Software License Agreements
 11.11
 Privacy of Information in Pay Stubs
 11.91
 2021–22 COVID-19 Funding Authorization
 11.95
 2021‒22 COVID-19 Funding Authorization
 11.96
 Coronavirus Fiscal Relief
 11.97
 State Appropriation Limit Excludable Federal Fund  Appropriations for Capital Outlay
 12.00
 State Appropriations Limit (SAL)
 12.30
 Special Fund for Economic Uncertainties
 12.32
 Proposition 98-Funding Guarantee
 12.35
 Financial Aid Policy Change Requirements
 13.00
 Legislative Counsel Bureau
 14.00
 Special Fund Loans Between Boards of the Department of  Consumer Affairs
 15.14
 Allocation of Greenhouse Gas Reduction Fund
 15.25
 Data Center Rate Adjustment
 15.45
 Trial Court Funding Offsets
 24.00
 State School Fund Allocations
 24.03
 Reading Control
 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
 25.40
 Contracted Fiscal Services Costs
 25.50
 SCO Apportionment Payment System Assessments
 26.00
 Intraschedule Transfers
 28.00
 Program Change Notification
 28.50
 Agency Reimbursement Payments
 29.00
 Position Estimates of Governor’s 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
 35.21
 Application of Net Final Payment Accrual Methodology
 35.35
 FI$Cal—​Short-Term Cash Loans
 35.50
 Estimated General Fund Revenues and Various Estimates  Related to the Budget Stabilization Account
 38.00
 Provides That This Bill Is a Budget Bill
 39.00
 Identification of Bills Related to the Budget Bill
 99.00
 Alphabetical Organization Index
 99.50
 Numerical Control Section Index