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SB-1 Budget Act of 2024.(2025-2026)

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Date Published: 01/10/2025 09:00 PM
SB1 :v98 #DOCUMENT

Amended  IN  Senate  January 10 ,  2025

CALIFORNIA LEGISLATURE— 2025 – 2026 1st Ext.

Senate Bill No. 1


Introduced by Senator Wiener and Assembly Member Gabriel

December 02 ,  2024


An act to amend the Budget Act of 2024 (Chs. 22, 35, and 994, Stats. 2024), by amending Sections 5.25 and 39.10 and 99.50 of, and by adding Section 5.26 to, of that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill.


LEGISLATIVE COUNSEL'S DIGEST


SB1, as amended, Wiener . Budget Act of 2024.
The Budget Act of 2024 made appropriations for the support of state government for the 2024–25 fiscal year.
This bill would amend the Budget Act of 2024 by making changes to existing appropriations, as provided.
This bill would declare that it is to take effect immediately as a Budget Bill.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.Section 5.26 is added to the Budget Act of 2024, to read:
SEC. 5.26.

(a)(1)Notwithstanding any other law, the Department of Finance, upon a 20-day notification to the Joint Legislative Budget Committee, may augment any item of appropriation in Section 2.00 for any of the following purposes:

(A)Defending California in litigation brought by the federal government against California.

(B)Filing or joining affirmative litigation challenging actions taken, not taken, or threatened to be taken by the federal government.

(C)Taking administrative action authorized under state law to mitigate impacts of actions taken by the federal government.

(2)Total augmentations authorized by this subdivision shall not exceed $35,000,000.

(3)Up to $10,000,000 of the augmentations authorized by this subdivision may be used to create a grant program to support civil prosecutors filing civil actions on behalf of the interests of the people of California against the federal government for actions taken, not taken, or threatened to be taken by the federal government, including any administrative action, in order to protect reproductive health, environmental justice, LGBTQ civil rights, immigrant rights, or other vulnerable communities in California. Up to 2.5 percent of the amount described in this paragraph shall be available for administrative costs.

(4)The notification to the Joint Legislative Budget Committee shall include all of the following:

(A)Each instance in which California is involved in litigation against the federal government, including whether the state is contracting with outside counsel, and its costs, if any; the status of the litigation; and the other parties to the litigation, if any.

(B)Each instance in which California is taking administrative action authorized under state law to mitigate impacts of actions taken by the federal government.

(C)Each instance in which the Department of Justice proposes to grant funds to civil prosecutors under the authority provided in this subdivision.

(b)Notwithstanding any other law, the Department of Finance shall augment the following items of appropriation in Section 2.00 as specified:

(1)$10,000,000 to Item 0250-101-0001 to be distributed by the Judicial Council, through the Legal Services Trust Fund Commission of the State Bar, as grants to qualified legal services projects and support centers, as defined in Sections 6213 to 6215, inclusive, of the Business and Professions Code, to provide civil legal services for indigent persons. The Legal Services Trust Fund Commission shall make the grant award determinations pursuant to the formula described in Section 6216 of the Business and Professions Code, after the organizations affirm they are providing qualifying services and will use the funds to provide legal services to vulnerable persons at risk of detention, deportation, eviction, wage theft, intimate partner violence, and other actions that put their safety at risk. Up to 2.5 percent of the amount described in this paragraph shall be available for administrative costs.

(2)$10,000,000 to Item 5180-151-0001 to be available for grants or contracts under the authority of Chapter 5.6 (commencing with Section 13300) of Part 3 of Division 9 of the Welfare and Institutions Code with organizations qualified pursuant to that chapter, to provide immigration legal services and removal defense. Up to 2.5 percent of the amount described in this paragraph shall be available for administrative costs.

(3)$5,000,000 to Item 0250-101-0001 to be available for the California Access to Justice Commission to support infrastructure data security projects to protect client, staff, and volunteer data and facilitate pro bono legal services for especially vulnerable communities, including establishing an immigration detention representation and coordination program to coordinate legal consultations and representation and increase access to counsel to detained individuals in California. Up to 2.5 percent of the amount described in this paragraph shall be available for administrative costs.

(c)If an item number for an appropriation for the applicable state entity does not exist, and an item number is required in order to make the allocation, the Department of Finance may create an item number for purposes of this section.

(d)Funds allocated pursuant to this section shall be available for encumbrance until June 30, 2026, and for expenditure until June 30, 2028.

SECTION 1.

 Section 5.25 of the Budget Act of 2024 is amended to read:

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.
(e) (1) Notwithstanding any other law, the Department of Finance, upon providing advance notice of at least 10 days to the Joint Legislative Budget Committee, may augment any item of appropriation in Section 2.00 for the purpose of defending the state against enforcement and legal actions taken by the federal government, filing affirmative litigation challenging actions taken by the federal government, and taking administrative action authorized under state law to mitigate the impacts of actions taken by the federal government. Total augmentations authorized by this subdivision shall not exceed $25,000,000, and funds allocated pursuant to this subdivision shall be available for encumbrance until June 30, 2026, and for expenditure until June 30, 2028.
(2) If an item number for an appropriation for the applicable state entity does not exist, and an item number is required in order to make the allocation, the Department of Finance may create an item number for purposes of this subdivision.
(3) (A) The Department of Justice shall report to the Department of Finance and the Joint Legislative Budget Committee on the use of funds allocated pursuant to this subdivision on or before August 1 annually through August 1, 2028.
(B) The report required by subparagraph (A) shall include, but is not limited to, all of the following:
(i) Whether the state is contracting with outside counsel, and the costs, if any.
(ii) Each instance in which the Department of Justice is taking administrative action authorized under state law to mitigate the impacts of actions taken by the federal government.
(4) (A) The Department of Justice shall create and maintain an internet website that details litigation against the federal government paid for pursuant to this act.
(B) The internet website required by subparagraph (A) shall include, but is not limited to, descriptive narratives and supporting documents as needed.
(C) The internet website required by subparagraph (A) shall be updated as soon as feasible each time a court filing is made using the funding provided in this subdivision, and no less frequently than monthly.
(D) This paragraph shall become inoperative on January 20, 2029.

SEC. 2.

 Section 39.10 of the Budget Act of 2024 is amended to read:

SEC. 39.10.

 In addition to this act, the Budget Act of 2024 consists of the following statutes:
(a) Chapter 22 of the Statutes of 2024 (Assembly Bill No. 107).
(b) Chapter 35 of the Statutes of 2024 (Senate Bill No. 108).
(c) Chapter 994 of the Statutes of 2024 (Assembly Bill No. 157).
(d) Chapter 995 of the Statutes of 2024 (Assembly Bill No. 180).
SEC. 3.Section 99.50 of the Budget Act of 2024 is amended to read:
SEC. 99.50.

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

Position Vacancy Report

4.12

Vacant Position Savings

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

5.26

Federal Litigation Adjustments

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

11.93

Disaster Response-Emergency Operations Account Reconciliation Adjustments

11.95

Federal American Rescue Plan Act of 2021 Home and Community-Based Services Funding

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

12.45

June to July Payroll Deferral

13.00

Legislative Counsel Bureau

13.40

Budgetary Loan Borrowing from Special Funds

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

15.80

Reparations Legislation Funding

20.00

Reappropriations and Reversions

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

SEC. 4.SEC. 3.

 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.