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AB-940 College Mental Health Services Program.(2021-2022)

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Date Published: 04/15/2021 09:00 PM
AB940:v98#DOCUMENT

Amended  IN  Assembly  April 15, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 940

Introduced by Assembly Member McCarty
(Coauthor: Assembly Member Quirk-Silva)(Coauthors: Assembly Members Berman, Cooley, Eduardo Garcia, Kalra, Low, Quirk-Silva, and Villapudua)
(Coauthors: Senators Glazer Glazer, Hurtado, Limón, and Min)

February 17, 2021

An act to amend Section 5892 of, and to add Part 3.3 (commencing with Section 5832) to Division 5 of, the Welfare and Institutions Code, relating to mental health, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 940, as amended, McCarty. College Mental Health Services Program.
Existing law, the Mental Health Services Act, an initiative statute enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. Existing law establishes the continuously appropriated Mental Health Services Fund. Existing law requires the Controller, prior to distributing the balance of the funds to the counties, as specified, to reserve up to 5% of the total annual revenues of the fund for the costs for the State Department of Health Care Services, the California Behavioral Health Planning Council, the Office of Statewide Health Planning and Development, the Mental Health Services Oversight and Accountability Commission, the State Department of Public Health, and any other state agency to implement all duties pursuant to the programs set forth in the act.
This bill would amend Proposition 63 by appropriating an unspecified amount $20,000,000 annually from the administrative account of the Mental Health Services Fund to the Board of Regents of the University of California, the Board of Trustees of if the University of California chooses to accept the moneys, the California State University, and the Board of Governors of the California Community Colleges, as specified, to implement the College Mental Health Services Program. The bill would require those funds to be used for the purpose of increasing funding programs to increase campus student mental health services and mental health-related education and training. The bill would require campuses that participate in the program to report annually on the use of those grant funds funds, as specified, and to post that information on their internet websites.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Students, faculty, health practitioners, and college administrators are reporting increased rates of mental health needs by students attending public colleges in California.
(b) Seventy-five percent of all lifetime mental illness begins by age 24.
(c) The demand for mental health services by public college students far outpaces the resources of these institutions.
(d) The lack of available services directly impacts college students’ success and academic performance, as well as their ability to develop holistically as productive, fully engaged members of society.
(e) The effects of untreated mental health diagnoses are long-lasting and can include college students dropping out of school, experiencing homelessness, or even in some instances, dying of suicide.
(f) One in 10 college students has considered suicide, and suicide is the second leading cause of death among college students, claiming more than 1,100 lives every year nationally.

SECTION 1.SEC. 2.

 Part 3.3 (commencing with Section 5832) is added to Division 5 of the Welfare and Institutions Code, to read:

PART 3.3. College Mental Health Services Program

5832.
 This part shall be known, and may be cited, as the College Mental Health Services Program Act.

5832.1.
 (a) Funds appropriated for the purposes of this part to the California State University, University of California, and California Community Colleges shall be used for the purpose of increasing funding programs to increase campus student mental health services and mental health-related education and training.
(b) It is the intent of the Legislature to authorize the governing bodies California State University, University of California, and California Community Colleges to allocate moneys to participating individual campuses to support various activities relating to mental health.

(A)

(c) For purposes of this part, the following definitions apply: “campus” means a community college district or an individual college or university.

(1)“Campus” means a community college district or an individual college or university.

(2)“Governing bodies” means the Board of Regents of the University of California, if the University of California chooses to accept the moneys to implement this program, the Board of Trustees of the California State University, and the Board of Governors of the California Community Colleges.

5832.2.

A campus that participates in the Campus Mental Health Services Program pursuant to this part shall report annually on the use of funds to the applicable governing body and post the annual report on the use of the funds on its internet website. This report shall include, but not be limited to, all of the following:

(a)How funds are being used.

(b)Available evaluation data, including outcomes of the campus mental health programs funded pursuant to the grant program.

(c) Program information regarding services being offered and the number of individuals being served.

5832.2.
 (a) On or before July 1, 2024, and every two years thereafter, a campus that participates in the College Mental Health Services Program pursuant to this part shall report on the use of funds to the Chancellor of the California State University, the President of the University of California, or the Chancellor of the California Community Colleges, and post the report on its internet website. The report shall include, but not be limited to, both of the following:
(1) How funds are being used to meet specific needs and address gaps in services, and to increase cultural relevance and responsiveness with an emphasis on historically underserved communities.
(2) Program information regarding services being offered and the number of individuals being served, including disaggregation of data by race and ethnicity, whenever possible, insofar as doing so does not compromise student privacy.
(b) (1) The Chancellor of the California State University, the President of the University of California, and the Chancellor of the California Community Colleges shall submit the reports they receive pursuant to subdivision (a) to the Legislature.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 2.SEC. 3.

 Section 5892 of the Welfare and Institutions Code is amended to read:

5892.
 (a) In order to promote efficient implementation of this act, the county shall use funds distributed from the Mental Health Services Fund as follows:
(1) In the 2005–06, 2006–07, and 2007–08 fiscal years, 10 percent shall be placed in a trust fund to be expended for education and training programs pursuant to Part 3.1 (commencing with Section 5820).
(2) In the 2005–06, 2006–07, and 2007–08 fiscal years, 10 percent for capital facilities and technological needs shall be distributed to counties in accordance with a formula developed in consultation with the County Behavioral Health Directors Association of California to implement plans developed pursuant to Section 5847.
(3) Twenty percent of funds distributed to the counties pursuant to subdivision (c) of Section 5891 shall be used for prevention and early intervention programs in accordance with Part 3.6 (commencing with Section 5840).
(4) The expenditure for prevention and early intervention may be increased in any county in which the department determines that the increase will decrease the need and cost for additional services to persons with severe mental illness in that county by an amount at least commensurate with the proposed increase.
(5) The balance of funds shall be distributed to county mental health programs for services to persons with severe mental illnesses pursuant to Part 4 (commencing with Section 5850) for the children’s system of care and Part 3 (commencing with Section 5800) for the adult and older adult system of care. These services may include housing assistance, as defined in Section 5892.5, to the target population specified in Section 5600.3.
(6) Five percent of the total funding for each county mental health program for Part 3 (commencing with Section 5800), Part 3.6 (commencing with Section 5840), and Part 4 (commencing with Section 5850), shall be utilized for innovative programs in accordance with Sections 5830, 5847, and 5848.
(b) (1) In any fiscal year after the 2007–08 fiscal year, programs for services pursuant to Part 3 (commencing with Section 5800) and Part 4 (commencing with Section 5850) may include funds for technological needs and capital facilities, human resource needs, and a prudent reserve to ensure services do not have to be significantly reduced in years in which revenues are below the average of previous years. The total allocation for purposes authorized by this subdivision shall not exceed 20 percent of the average amount of funds allocated to that county for the previous five fiscal years pursuant to this section.
(2) A county shall calculate an amount it establishes as the prudent reserve for its Local Mental Health Services Fund, not to exceed 33 percent of the average community services and support revenue received for the fund in the preceding five years. The county shall reassess the maximum amount of this reserve every five years and certify the reassessment as part of the three-year program and expenditure plan required pursuant to Section 5847.
(3) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may allow counties to determine the percentage of funds to allocate across programs created pursuant to Part 4 (commencing with Section 5850) for the children’s system of care and Part 3 (commencing with Section 5800) for the adult and older adult system of care for the 2020–21 fiscal year by means of all-county letters or other similar instructions without taking further regulatory action.
(c) The allocations pursuant to subdivisions (a) and (b) shall include funding for annual planning costs pursuant to Section 5848. The total of these costs shall not exceed 5 percent of the total of annual revenues received for the fund. The planning costs shall include funds for county mental health programs to pay for the costs of consumers, family members, and other stakeholders to participate in the planning process and for the planning and implementation required for private provider contracts to be significantly expanded to provide additional services pursuant to Part 3 (commencing with Section 5800) and Part 4 (commencing with Section 5850).
(d) (1) Prior to making the allocations pursuant to subdivisions (a), (b), and (c), funds shall be reserved for the costs for the State Department of Health Care Services, the California Behavioral Health Planning Council, the Office of Statewide Health Planning and Development, the Mental Health Services Oversight and Accountability Commission, the State Department of Public Health, and any other state agency to implement all duties pursuant to the programs set forth in this section. These costs shall not exceed 5 percent of the total of annual revenues received for the fund. The administrative costs shall include funds to assist consumers and family members to ensure the appropriate state and county agencies give full consideration to concerns about quality, structure of service delivery, or access to services. The amounts allocated for administration shall include amounts sufficient to ensure adequate research and evaluation regarding the effectiveness of services being provided and achievement of the outcome measures set forth in Part 3 (commencing with Section 5800), Part 3.6 (commencing with Section 5840), and Part 4 (commencing with Section 5850). The amount of funds available for the purposes of this subdivision in any fiscal year is subject to appropriation in the annual Budget Act.
(2) (A) ___ Twenty million dollars ($___) ($20,000,000) is hereby annually appropriated from the funds distributed pursuant to paragraph (1) as follows:
(i) ___ Three million dollars ($___) ($3,000,000) to the Board of Regents of the University of California. California, if the University of California chooses to accept the moneys to implement the program described in subparagraph (B).
(ii) ___ Seven million dollars ($___) ($7,000,000) to the Board of Trustees of the California Sate State University.
(iii) ___ Ten million dollars ($___) ($10,000,000) to the Board of Governors of the California Community Colleges.
(B) Funds appropriated pursuant to this paragraph shall be used to implement the College Mental Health Services Program established pursuant to Part 3.3 (commencing with Section 5832) and to support mental health services and training at public community colleges, colleges, and universities.
(e) In the 2004–05 fiscal year, funds shall be allocated as follows:
(1) Forty-five percent for education and training pursuant to Part 3.1 (commencing with Section 5820).
(2) Forty-five percent for capital facilities and technology needs in the manner specified by paragraph (2) of subdivision (a).
(3) Five percent for local planning in the manner specified in subdivision (c).
(4) Five percent for state implementation in the manner specified in subdivision (d).
(f) Each county shall place all funds received from the State Mental Health Services Fund in a local Mental Health Services Fund. The Local Mental Health Services Fund balance shall be invested consistent with other county funds and the interest earned on the investments shall be transferred into the fund. The earnings on investment of these funds shall be available for distribution from the fund in future fiscal years.
(g) All expenditures for county mental health programs shall be consistent with a currently approved plan or update pursuant to Section 5847.
(h) (1) Other than funds placed in a reserve in accordance with an approved plan, any funds allocated to a county that have not been spent for their authorized purpose within three years, and the interest accruing on those funds, shall revert to the state to be deposited into the Reversion Account, hereby established in the fund, and available for other counties in future years, provided, however, that funds, including interest accrued on those funds, for capital facilities, technological needs, or education and training may be retained for up to 10 years before reverting to the Reversion Account.
(2) (A) If a county receives approval from the Mental Health Services Oversight and Accountability Commission of a plan for innovative programs, pursuant to subdivision (e) of Section 5830, the county’s funds identified in that plan for innovative programs shall not revert to the state pursuant to paragraph (1) so long as they are encumbered under the terms of the approved project plan, including any subsequent amendments approved by the commission, or until three years after the date of approval, whichever is later.
(B) Subparagraph (A) applies to all plans for innovative programs that have received commission approval and are in the process at the time of enactment of the act that added this subparagraph, and to all plans that receive commission approval thereafter.
(3) Notwithstanding paragraph (1), funds allocated to a county with a population of less than 200,000 that have not been spent for their authorized purpose within five years shall revert to the state as described in paragraph (1).
(4) (A) Notwithstanding paragraphs (1) and (2), if a county with a population of less than 200,000 receives approval from the Mental Health Services Oversight and Accountability Commission of a plan for innovative programs, pursuant to subdivision (e) of Section 5830, the county’s funds identified in that plan for innovative programs shall not revert to the state pursuant to paragraph (1) so long as they are encumbered under the terms of the approved project plan, including any subsequent amendments approved by the commission, or until five years after the date of approval, whichever is later.
(B) Subparagraph (A) applies to all plans for innovative programs that have received commission approval and are in the process at the time of enactment of the act that added this subparagraph, and to all plans that receive commission approval thereafter.
(i) Notwithstanding subdivision (h) and Section 5892.1, unspent funds allocated to a county, and interest accruing on those funds, which are subject to reversion as of July 1, 2019, and July 1, 2020, shall be subject to reversion on July 1, 2021.
(j) If there are revenues available in the fund after the Mental Health Services Oversight and Accountability Commission has determined there are prudent reserves and no unmet needs for any of the programs funded pursuant to this section, including all purposes of the Prevention and Early Intervention Program, the commission shall develop a plan for expenditures of these revenues to further the purposes of this act and the Legislature may appropriate these funds for any purpose consistent with the commission’s adopted plan that furthers the purposes of this act.