Amended
IN
Assembly
May 01
, 2023 |
Senate Bill | No. 100 |
Introduced by |
January 18 , 2023 |
This bill would express the intent of the Legislature to enact statutory changes relating to
the Budget Act of 2023.
0511-011-0001—For transfer by the Controller to the Data and Innovation Services Revolving Fund
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20,000,000 |
3125-101-0001—For local assistance of California Tahoe Conservancy
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6,125,000 | ||||||
Schedule: | |||||||
(1) | 2340-Tahoe Conservancy ........................ | 6,125,000 | |||||
Provisions: | |||||||
1. | Funds appropriated in this item shall be available for expenditure or encumbrance until June 30, 2025, to fund programs and activities that advance multi-benefit and nature-based solutions. | ||||||
2. | The funds appropriated in this item shall be available for |
3835-101-0001—For local assistance, Baldwin Hills Conservancy
........................
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1,517,000 | ||||||
Schedule: | |||||||
(1) | 3090-Baldwin Hills Conservancy ........................ | 2,517,000 | |||||
(2) | Reimbursements to 3090-Baldwin Hills Conservancy ........................ | −1,000,000 | |||||
Provisions: | |||||||
1. | The funds appropriated in this item shall be available for expenditure for local assistance and capital outlay until June 30, 2025. | ||||||
2. | Of the funds appropriated in this item, $1,517,000 shall be available for expenditure, encumbrance, or liquidation until June 30, 2027, to fund programs and activities that advance multi-benefit and nature-based solutions. | ||||||
3. |
3970-001-0001—For support of Department of Resources Recycling and Recovery
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Schedule:
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(1) |
3700-Waste Reduction and Management
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Provisions: | |||||||
1. | Of the amount appropriated in this item, $500,000 shall be for the purposes of establishing the new Composting Permitting Pilot Program consistent with Chapter 258 of the Statutes of 2021. | ||||||
2. | Of the amount appropriated in this item, $15,425,000 shall be for the purposes of cleanup and debris removal activities for the McKinney wildfire in Siskiyou County. |
4260-101-0001—For local assistance, State Department of Health Care Services, California Medical Assistance Program, payable from the Health
Care Deposit Fund after transfer from the General Fund
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34,535,034,000 | ||||||
Schedule:
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(1) |
3960014-Eligibility (County Administration)
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1,345,282,000 | |||||
(2) |
3960018-Fiscal Intermediary Management
........................
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134,028,000 | |||||
(3) |
3960022-Benefits (Medical Care and Services)
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35,017,685,000 | |||||
(4) |
Reimbursements to 3960014-Eligibility (County Administration)
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−13,671,000 | |||||
(5) |
Reimbursements to 3960022-Benefits (Medical Care and Services)
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−1,948,290,000 | |||||
Provisions:
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1. |
The aggregate principal amount of disproportionate share hospital general obligation debt that may be issued in the current
fiscal year pursuant to subparagraph (A) of paragraph (2) of subdivision (f) of Section 14085.5 of the Welfare and Institutions
Code shall be $0.
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2. |
Notwithstanding any other law, both the federal and nonfederal shares of any moneys recovered for previously paid health care
services, provided pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions
Code, are hereby appropriated and shall be expended as soon as practicable for medical care and services as defined in the
Welfare and Institutions Code.
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3. |
Notwithstanding any other law, accounts receivable for recoveries as described in Provision 2 shall have no effect upon the
positive balance of the General Fund or the Health Care Deposit Fund. Notwithstanding any other law, moneys recovered as described
in this item that are required to be transferred from the Health Care Deposit Fund to the General Fund shall be credited by
the Controller to the General Fund without regard to the appropriation from which it was drawn.
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4. |
Without regard to fiscal year, the General Fund shall make one or more loans available not to exceed a cumulative total of
$45,000,000 to be transferred as needed to the Health Care Deposit Fund to
meet cash needs. All moneys so transferred shall be repaid as soon as sufficient reimbursements have been collected
to meet immediate cash needs and in installments as reimbursements accumulate if the loan is outstanding for more than one
year.
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5. |
Notwithstanding any other law, the State Department of Health Care Services may give public notice relative to proposing or
amending any rule or regulation or administrative directive that could result in increased costs in the Medi-Cal program only
after approval by the Department of Finance. Additionally, any rule or regulation adopted by the State Department of Health
Care Services and any communication that increases costs in the Medi-Cal program shall be effective only after the date upon
which it is approved by the Department of Finance.
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6. |
Change orders to the medical or the dental fiscal intermediary contract for amounts exceeding a total cost of $250,000 shall
be approved by the Department of Finance not sooner than 30 days after written notification of the change order is provided
to the chairpersons of the fiscal and policy committees in each house of the Legislature and to the Chairperson of the Joint
Legislative Budget Committee, or not sooner than whatever lesser time after that notification as the chairperson of the joint
committee, or the chairperson’s designee, may determine. The semiannual estimates of Medi-Cal expenditures provided to the
Legislature in January and May may constitute the notification required by this provision.
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7. |
Recoveries of advances made to counties in prior years pursuant to Section 14153 of the Welfare and Institutions Code are
reappropriated to the Health Care Deposit Fund for reimbursement of those counties where allowable costs exceeded the amounts
advanced. Recoveries in excess of the amounts required to fully reimburse allowable costs shall be transferred to the General
Fund. When a projected deficiency exists in the California Medical Assistance Program, these funds, subject to notification
to the Chairperson of the Joint Legislative Budget Committee, are appropriated and shall be expended as soon as practicable
for the state’s share of payments for medical care and services, county administration, and fiscal intermediary services.
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8. |
The Department of Finance may transfer funds representing all or any
portion of any estimated savings that are a result of improvements in the Medi-Cal claims processing procedures from
the Medi-Cal services budget or the support budget of the State Department of Health Care Services (Item 4260-001-0001) to
the fiscal intermediary budget item for purposes of making improvements to the Medi-Cal claims system.
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9. |
Notwithstanding any other law, the Department of Finance may authorize the transfer of expenditure authority between schedules
within this item and between this item and Items 4260-102-0001, 4260-111-0001, 4260-113-0001, 4260-114-0001, and 4260-117-0001
in order to effectively administer the programs funded in these items. The Department of Finance may revise reimbursement
authority in this item in order to effectively administer the programs funded in those items. The Department of Finance
shall notify the Legislature within 10 days of authorizing such a transfer unless prior notification of the transfer
has been included in the Medi-Cal estimates submitted pursuant to Section 14100.5 of the Welfare and Institutions Code. The
10-day notification to the Legislature shall include the reasons for the transfer, the fiscal assumptions used in calculating
the transfer amount, and any potential fiscal effects on the program from which funds are being transferred or for which funds
are being reduced.
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10. |
If a federal grant that provides 75 percent federal financial participation to allow individuals in nursing homes to voluntarily
move into a community setting and still receive the same amount of funding for services is awarded to the State Department
of Health Care Services during the current fiscal year, then, notwithstanding
any other law, the department may count expenditures from the appropriation made to this item as state matching funds
for that grant.
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11. |
Notwithstanding any other law, the Department of Finance may authorize an increase to this appropriation to address costs
resulting from adverse court rulings. The Department of Finance shall provide a 30-day notice of any proposed increase to
the Legislature. The notification shall include the specifics of any cases with adverse rulings and the overall fiscal impact.
Submission of the semiannual Medi-Cal estimate provided to the Legislature in January and May shall be considered meeting
the notification requirement of this provision if the required information is included in the estimate.
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12. |
The Department of Finance may augment the amount appropriated in this item up to $479,557,000 for repayment of over-claimed
Title XXI federal funds related to the Non-Optional Targeted Low Income Children Program population of the Medicaid program.
Repayment shall occur upon the final determination of the Centers for Medicare and Medicaid Services that associated Title
XXI federal funds must be refunded by the state. The Department of Finance shall notify the Legislature within 10 days of
authorizing an augmentation pursuant to this provision. The 10-day notification to the Legislature shall describe the reason
for the augmentation and the fiscal assumptions used.
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13. |
To the extent practicable and consistent with existing procedures, the State
Department of Health Care Services, in its sole discretion, shall seek favorable terms from the federal government regarding
the repayment of federal funds for state-only populations in order to minimize the annual impact on the General Fund in any
individual fiscal year.
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14. |
Of the funds appropriated in this item, $1,163,750,000 in Schedule (3) is available for encumbrance or expenditure until June
30, 2027, for the State Department of Health Care Services to implement the Behavioral Health Continuum Infrastructure Program.
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15. | (a) | Of the amount appropriated in this item, $70,000,000 in Schedule (3) is available for encumbrance or expenditure until June 30, 2027, for the State Department of Health Care Services (DHCS) to make equity and practice transformation payments to qualifying Medi-Cal managed care plans, or through Medi-Cal managed care plans to their qualified contracted providers, to advance equity, reduce COVID-19-driven care gaps, invest in upstream care models and partnerships to address health and wellness for ages zero to five, and fund practice transformation aligned with value-based payment models to allow Medi-Cal providers to better serve the state’s diverse Medi-Cal enrollee population. Subject to subprovision (b), payments pursuant to this provision are intended to promote patient-centered models of care and align with the goals of the DHCS’ Comprehensive Quality Strategy. | |||||
(b) | The State Department of Health Care Services shall develop the methodology, eligibility criteria, metrics, performance milestones, and any other parameters for receipt of payments authorized in this provision. | ||||||
(c) | This provision shall be implemented only to the extent any necessary federal approvals are obtained, and federal financial participation is available and not otherwise jeopardized. | ||||||
(d) | 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 implement this provision and any associated federal funding by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, without taking any further regulatory action. | ||||||
(e) | For purposes of this provision, “Medi-Cal managed care plan” shall have the same meaning as provided in subdivision (j) of Section 14184.101 of the Welfare and Institutions Code. | ||||||
16. |
Of the amount appropriated in this item, $230,000,000 in Schedule (1) and $879,000,000 in Schedule (3) are available for encumbrance
or expenditure until June 30, 2025, for the Children and Youth Behavioral Health Initiative.
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17. | (a) | Of the funds appropriated in this item, $957,936,000 in Schedule (3) is available to implement the Behavioral Health Bridge Housing Program to award competitive grants to qualified counties and tribal entities to address the immediate housing and treatment needs of people experiencing unsheltered homelessness who have serious behavioral health conditions and shall be available for encumbrance or expenditure until June 30, 2027. | |||||
(b) | The State Department of Health Care Services shall determine the methodology and distribution of the grant funds appropriated for the Behavioral Health Bridge Housing Program. | ||||||
(c) | An entity shall expend funds to supplement and not supplant existing funds provided for the housing and treatment needs of people experiencing unsheltered homelessness who have serious behavioral health conditions to receive grant funds. | ||||||
(d) | The Behavioral Health Bridge Housing Program shall be implemented only if, and to the extent that, the State Department of Health Care Services determines that federal financial participation under the Medi-Cal program is not jeopardized. | ||||||
(e) | 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 implement, interpret, or make specific this provision, in whole or in part, by means of information notices or other similar instructions, without taking any further regulatory action. | ||||||
(f) | For purposes of implementing the Behavioral Health Bridge Housing Program, the State Department of Health Care Services may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this provision shall be exempt from Chapter 6 (commencing with section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and shall be exempt from the review or approval of any division of the Department of General Services. | ||||||
18. | (a) | Of the funds appropriated in Schedule (3), $100,000,000 is available for encumbrance or expenditure until June 30, 2027, for the State Department of Health Care Services to provide grant funding to Los Angeles County to support and expand access to treatment for individuals with behavioral health disorders that are involved in the justice system. Of the $100,000,000 grant funding, $50,000,000 shall support individuals charged with a misdemeanor and found incompetent to stand trial. | |||||
(b) | Upon order of the Department of Finance, up to $780,000 of the funds made available pursuant to this provision shall be transferred to Schedule (1) of Item 4260-001-0001 for administration of the program described in subprovision (a) and are available for encumbrance or expenditure until June 30, 2027. | ||||||
(c) | (1) | Of the grant funding provided pursuant to this provision, at least 75 percent shall be allocated for capital costs to construct, acquire, or rehabilitate real estate assets for use as non-correctional treatment and housing facilities to serve the target population described in subprovision (a). This may include, but is not limited to, residential treatment settings, clinically enhanced interim housing settings, licensed adult and senior care settings, permanent supportive housing, or a capitalized operating subsidy reserve. | |||||
(2) | Of the grant funding provided pursuant to the provision, up to 25 percent may be allocated for rental subsidies to support placement of the target population described in subprovision (a) within qualified residential settings. | ||||||
(d) | As determined by the State Department of Health Care Services, the County of Los Angeles shall meet all of the following conditions in order to receive grant funding pursuant to this provision: (1) provide qualifying matching funds or real property, as approved by the State Department of Health Care Services, that is equal to at least 10 percent of the grant funding provided; (2) expend grant funding to supplement and not supplant existing funding available for the purposes described in this provision; (3) report relevant data to the State Department of Health Care Services, in a form, manner, and frequency it requires, for the first 5 years of implementation; and (4) for capital costs described in paragraph (1) of subdivision (c), commit to providing health care treatment or housing, or both, for the target population described in subdivision (a) in the financed facility or facilities for a minimum of 30 years. | ||||||
(e) | This provision shall be implemented only if, and to the extent that, the State Department of Health Care Services determines that federal financial participation under the Medi-Cal program is not jeopardized. | ||||||
(f) | 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 implement, interpret, or make specific this provision, in whole or in part, by means of information notices or other similar instructions, without taking any further regulatory action. | ||||||
(g) | For purposes of implementing this provision, the State Department of Health Care Services may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this provision shall be exempt from Chapter 6 (commencing with section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and shall be exempt from the review or approval of any division of the Department of General Services. | ||||||
19. | (a) | Of the funds appropriated in this item, $80,000,000 in Schedule (3) is for the State Department of Health Care Services to support CalHOPE and $1,500,000 in Schedule (1) is for the State Department of Health Care Services to support planning efforts for the behavioral health crisis continuum of care. | |||||
(b) | For purposes of implementing this provision, the State Department of Health Care Services may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this provision shall be exempt from Chapter 6 (commencing with section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and shall be exempt from the review or approval of any division of the Department of General Services. | ||||||
20. | Notwithstanding any other law, the Department of Finance may adjust amounts in this item, Item 4260-111-0001, or any other related item resulting from the State Department of Health Care Services obtaining federal approval to claim federal financial participation for expenditures associated with Designated State Health Programs as part of the CalAIM Demonstration. Within 30 days of making any adjustment pursuant to this provision, the Department of Finance shall report the adjustment in writing to the Joint Legislative Budget Committee. | ||||||
21. | (a) | The nonfederal share amounts received by the State Department of Health Care Services as monetary sanctions collected in the 2022–23 state fiscal year pursuant to subdivision (g) of Section 14197.7 of the Welfare and Institutions Code shall, pursuant to paragraph (1) of subdivision (q) of Section 14197.7 of the Welfare and Institutions Code, be deposited into the General Fund. | |||||
(b) | This item shall be augmented by the amount deposited into the General Fund pursuant to subdivision (a), which shall be available for encumbrance or expenditure until June 30, 2024, for the State Department of Health Care Services to award grants to qualifying, non-profit legal aid programs and organizations that serve Medi-Cal managed care enrollees in the County of Los Angeles or other impacted counties, as necessary. | ||||||
(c) | The State Department of Health Care Services shall determine the eligibility criteria, methodology, and distribution of funds appropriated in this provision. | ||||||
(d) | The State Department of Health Care Services may enter into exclusive or non-exclusive contracts, or amend existing contracts, on a bid or negotiated basis for purposes of implementing this provision. Contracts entered into or amended pursuant to this provision shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and from the State Administrative and State Contracting manuals, and shall be exempt from the review or approval of any division of the Department of General Services. | ||||||
22. | (a) | Of the amounts appropriated in Schedule (3), $114,422,000 shall be allocated for the State Department of Health Care Services to forego the recoupment of overpayments from independent pharmacies resulting from implementation of the federally approved actual acquisition cost reimbursement methodology described in Section 14105.45 of the Welfare and Institutions Code for dates of service on or after April 1, 2017, through February 22, 2019, inclusive. | |||||
(b) | For purposes of this provision, “independent pharmacy” means a pharmacy owned by a person or entity who owns no more than 74 pharmacies in California. | ||||||
(c) | 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 implement this provision, in whole or in part, by means of provider bulletins or other similar instructions, without taking any further regulatory action. | ||||||
(d) | This provision shall be implemented only to the extent that the State Department of Health Care Services determines that federal financial participation under the Medi-Cal program is not jeopardized. | ||||||
23. | (a) | Of the amounts appropriated in Schedule (3), $20,000,000 is available for encumbrance and expenditure until June 30, 2028, to establish the Los Angeles County Abortion Access Safe Haven Pilot Program for the purpose of expanding and improving access to the full spectrum of sexual and reproductive health care, including abortion, in the County of Los Angeles. | |||||
(1) | Up to eight percent of the funds may be used by a Program Administrator for the Los Angeles County Abortion Access Safe Haven Pilot Program, as designated by the County of Los Angeles, to cover administrative costs related to completing activities consistent with this provision. | ||||||
(b) | Funds allocated to the Program Administrator, as designated by the County of Los Angeles, for the Los Angeles County Abortion Access Safe Haven Pilot Program shall be used to administer a pilot project to support innovative approaches and patient-centered collaborations to safeguard patient access to abortions. Funds may be used for the purpose of implementing recommendations from the County of Los Angeles, including, but not limited to, any of the following: | ||||||
(1) | Providing medically accurate education and training tools to the community. | ||||||
(2) | Providing training to health care workers and abortion providers. | ||||||
(3) | Building secure infrastructure. | ||||||
(4) | Countering misinformation campaigns and providing medically accurate information to health care providers and patients. | ||||||
(5) | Coordinating care and patient support services. | ||||||
(6) | Advancing and improving access to abortion. | ||||||
(c) | The Program Administrator shall use funds allocated under this provision to maintain a system of financial reporting on all aspects of the fund. The financial reporting shall include information on expenditures and activities using the funds associated with this provision to ensure the use of the funds are consistent with the purposes of this provision. | ||||||
(1) | For purposes of this provision, the Program Administrator shall not require the submission of any identifying personal information about individuals providing, participating in, or receiving any service as part of an application for a grant or reporting of expenditures and activities using grant funds under this provision. Information required by the Program Administrator may only include information in summary, statistical, or other forms that do not identify particular individuals. | ||||||
(d) | The Program Administrator, as designated by the County of Los Angeles, shall determine a funding framework to prioritize funding for pilot programs and projects in consultation with stakeholders, including representatives from the local Department of Public Health, Office of the Los Angeles County CEO, sexual and reproductive health providers that serve the region, and reproductive health, rights, and justice community-based organizations. | ||||||
(e) | The Program Administrator shall provide an annual report to the Legislature summarizing the projects and collaborations funded under this section. The report shall also include data on the balances of funds available under this division for expenditures in that fiscal year and future fiscal years. The first annual report shall be submitted on or before January 1, 2025, and shall cover the period of July 1, 2023, to July 1, 2024, inclusive. Each subsequent annual report shall be submitted on or before January 1, and shall cover the previous fiscal year. The report shall be submitted in compliance with Section 9795 of the Government Code. | ||||||
(f) | The Legislature finds and declares that California, to protect the safety of those individuals and organization seeking, providing, and supporting access to abortion in the State, has an interest in protecting the privacy of these individuals and organizations that outweighs the public’s right of access to grant applications and financial information involving these individuals and organizations. | ||||||
(1) | An application for a grant under this article and financial reporting by grantees are exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). | ||||||
(g) | The State Department of Health Care Services may enter into exclusive or non-exclusive contracts, or amend existing contracts, on a bid or negotiated basis for purposes of implementing this provision. Contracts entered into or amended pursuant to this provision are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and are exempt from the review or approval of any division of the Department of General Services. | ||||||
24. | (a) | Of the amounts appropriated in Schedule (3), $10,000,000 is available to backfill the loss of federal Title X family planning funding to maintain and support the delivery of equitable, affordable, high quality, client-centered family planning services to patients with low-incomes across the state. | |||||
(b) | The State Department of Health Care Services shall receive and provide the funds to Essential Access Health, the designated statewide federal Title X grantee, no later than September 30, 2022. | ||||||
(c) | Funding provided to Essential Access Health may be used for the following purposes: | ||||||
(1) | Meetings between parties at the beginning of a project. | ||||||
(2) | Facilitation of the subcontract agreement and transfer of funds to Essential Access Health from the State Department of Health Care Services. | ||||||
(3) | Distribution of funds by Essential Access Health to current members of the state’s statewide federal Title X network to make up for the unexpected loss of federal funding and prevent any disruption in the delivery of family planning and related services during the 2022–23 state fiscal year. | ||||||
(4) | Drafting and submission of a final report required under subprovision (d). | ||||||
(d) | Essential Access Health shall prepare and submit a report of expenditures, numbers of patient served, and other information that aligns with Title X Family Planning Annual Report requirements and guidelines, to the State Department of Health Care Services no later June 1, 2023. | ||||||
(e) | The State Department of Health Care Services shall submit the report to the Legislature no later than June 30, 2023. | ||||||
(f) | Ninety-two percent of funding shall be distributed to members of the current statewide Title X provider network that includes federally qualified health centers, city and county health departments, Urban Indian Health Centers, universities, hospitals, Planned Parenthood affiliates, and other stand-alone family planning and women’s health centers. | ||||||
(g) | Eight percent of funds may be allocated to Essential Access Health to cover administrative costs related to completing activities consistent with this provision. | ||||||
25. | Of the amounts appropriated in Schedule (3), $10,000,000 is available for encumbrance or expenditure until June 30, 2025, to support grants to St. Paul’s Program for All-Inclusive Care for the Elderly (PACE) in San Diego for health information technology, housing, or wellness infrastructure projects. | ||||||
26. | Of the amounts appropriated in Schedule (3), $10,000,000 is available for the Alameda County Health Care Services Agency to fund supportive services for chronically homeless and special needs residents. | ||||||
27. | (a) | Of the amounts appropriated in Schedule (3), $120,500,000 is available for encumbrance or expenditure until June 30, 2025, for the State Department of Health Care Services to support wellness and resilience building supports for children, youth, and parents, support the School-Based Peer Mental Health Demonstration project, develop a video series to provide parents with resources and skills to support their children’s mental health, and to develop next generation digital supports for remote mental health assessment and intervention. | |||||
(b) | Of the amount available in this provision, $75,000,000 is to support wellness and resilience building supports for children, youth, and parents, including support of well-being and mindfulness programs and providing support and training for parents. The support shall be provided in kindergarten and grades 1 through 12, inclusive, school-based or community-based settings that teach wellness and mindfulness practices to teachers and students and support schools and community-based programs to incorporate wellness and mindfulness programs on a regular basis into the school day, before and after school programs, summer school, and community-based settings. These programs shall align with the community schools model by providing integrated student supports to meet academic, physical, social, emotional, and mental health needs, as well as expanded and enriched learning opportunities. For the purpose of administering these grants, the department shall prioritize, to the extent feasible, existing partnerships, which may include those that have been established with resources and support from the Mental Health Student Services Act Partnership Grant Program. | ||||||
(c) | Of the amount available in this provision, $10,000,000 is available to support the School-Based Peer Mental Health Demonstration project, to provide grants to up to eight high schools (grades 9 through 12, inclusive) in urban, suburban, and rural areas of the state to establish peer-to-peer support programs. The State Department of Health Care Services shall enter into a contract with the Children’s Partnership to administer this project. The Children’s Partnership may utilize up to $2,000,000 of this funding for administration of this project. The Children’s Partnership shall define best practices, develop statewide standards for peer-to-peer support programs, and administer a competitive grant application process to award grants to schools. The Children’s Partnership shall develop a request for proposals, select grant recipients, provide technical assistance to grantees, and design and facilitate a demonstration project learning community. Schools with student populations recognized to be at elevated risk for mental health challenges, such as depression, anxiety, and suicide, shall be prioritized for receiving grants. The department shall consult with stakeholders on the implementation of the School-Based Peer Mental Health Demonstration project. | ||||||
(d) | 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 implement, interpret, or make specific this provision, in whole or in part, by means of information notices or other similar instructions, without taking any further regulatory action. | ||||||
(e) | For purposes of implementing this provision, the State Department of Health Care Services may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this provision shall be exempt from Chapter 6 (commencing with section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services. | ||||||
28. | (a) | Of amounts appropriated in Schedule (3), $16,423,000 is available for encumbrance or expenditure until June 30, 2025 for the State Department of Health Care Services to support the peer-run warm line administered by the Mental Health Association of San Francisco. | |||||
(b) | For purposes of implementing this provision, the State Department of Health Care Services may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this provision shall be exempt from Chapter 6 (commencing with section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services. | ||||||
29. | (a) | Of the amounts appropriated in Schedule (3), $14,849,000 is available for encumbrance or expenditure until June 30, 2024 for the State Department of Health Care Services to implement a supplemental payment program for nonhospital community clinics, as defined in subdivision (a) of Section 1204 of the Health and Safety Code, that incur significant costs associated with providing abortion services and serve Medi-Cal beneficiaries and meet all the following criteria during the 2022–23 fiscal year: | |||||
(1) | Is enrolled as a Medi-Cal provider. | ||||||
(2) | Does not meet the definition of a federally-qualified health center pursuant to Section 1396(d)(l)(2) of Title 42 of the United States Code. | ||||||
(3) | Provides Medi-Cal covered abortion services, as defined in subdivision (a) of Section 123464 of the Health and Safety Code, to Medi-Cal beneficiaries, including beneficiaries eligible on the basis of presumptive eligibility. | ||||||
(4) | Any other conditions or criteria established by the State Department of Health Care Services pursuant to subprovision (c). | ||||||
(b) | No earlier than January 1, 2023, the department shall make available supplemental payments to qualifying nonhospital community clinics in accordance with the methodology established pursuant to subprovision (c), not to exceed the aggregate amount of funds made available for this purpose. | ||||||
(c) | The department shall develop, establish, and maintain the methodology, eligibility criteria, conditions, and payment amounts for the supplemental payments described this provision, in consultation with eligible nonhospital community clinics. | ||||||
(d) | The department shall implement this provision only to the extent that federal financial participation under the Medi-Cal program is not jeopardized. | ||||||
(e) | Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this provision, in whole or in part, by means of provider bulletins, letters, or other similar instructions, without taking any further regulatory action. | ||||||
30. | Of the amounts appropriated in Schedule (3), $2,000,000 shall be available to support free and charitable clinics that primarily utilize a volunteer/staff model to provide a range of medical, dental, pharmacy, vision, or behavioral health services to economically disadvantaged individuals regardless of their ability to pay. The eligible entities shall be 501(c)(3) tax-exempt organizations, or operate as a program component or affiliate of a 501(c)(3) organization and not qualify as Medi-Cal providers. The funds shall be distributed to the California Association of Free and Charitable Clinics. The amount allocated to each free clinic shall be determined through an allocation methodology developed by the California Association of Free and Charitable Clinics. | ||||||
31. | (a) | Of the amounts appropriated in Schedule (3), $5,000,000 is available for encumbrance or expenditure until June 30, 2025 for the State Department of Health Care Services to implement the Foster Youth Substance Use Disorder Evidence-Based and Promising Practices Program, a grant program to fund the development and implementation of evidence-based models and promising practices to serve foster youth with substance use disorders, including those who are residing in family-based settings. | |||||
(b) | Upon order of the Department of Finance, up to $800,000 of the funds made available pursuant to this provision may be transferred to Schedule (1) of Item 4260-001-0001 for administration of the program described in subprovision (a) and are available for encumbrance or expenditure until June 30, 2025, even if transferred. | ||||||
(c) | The State Department of Health Care Services shall administer the grant program consistent with the requirements of this provision and with the input of the stakeholders described in subprovision (e). The State Department of Health Care Services shall determine the methodology and distribution of funds appropriated in this provision. | ||||||
(d) | In establishing the grant program described in this provision, the State Department of Health Care Services shall do all of the following: | ||||||
(1) | Develop an application process for eligible applicants, which includes county child welfare agencies, county probation agencies, county behavioral health agencies, foster family agencies, substance use disorder providers, tribal organizations within the state that serve as child welfare services agencies, short term residential therapeutic programs, and wraparound service providers. | ||||||
(2) | Develop criteria for awarding funding. | ||||||
(3) | Establish requirements for models and practices funded with a grant described in this provision. The requirements shall include that the models and practices include, at minimum, trauma-informed approaches to serving foster youth, harm-reduction approaches in service delivery, post treatment support planning, and training for clinical service providers to support foster youth with co-occurring substance use and mental health needs. | ||||||
(4) | Require grantees to collect data relating to the models and practices funded with a grant described in this section. | ||||||
(5) | Require grantees to submit reports, including reports that address the grantee’s implementation activities, the number and characteristics of youth served, and completion rates, and an outcome report. | ||||||
(e) | The State Department of Health Care Services shall convene stakeholders, in partnership with the California Department of Social Services, to advise in the development of the grant program, including, but not limited to, the Chief Probation Officers of California, County Behavioral Health Directors Association of California, County Welfare Directors Association of California, substance use disorder providers, children and youth advocacy organizations, and other stakeholders, as determined by the department. The department shall seek out and identify evidence-based models and promising practices in California and in other states to provide guidance and support to grantees in the implementation of local programs. | ||||||
(f) | The State Department of Health Care Services, in consultation with the Department of Social Services, shall provide technical assistance to grantees described in this provision to support implementation of evidence-based models and promising practices, including strategies to access funding through specialty mental health services and other Medi-Cal funding, consistent with federal and state laws. | ||||||
(g) | 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 implement this provision by means of information notices or other similar instructions, without taking any further regulatory action. | ||||||
(h) | The State Department of Health Care Services shall submit a report in compliance with Section 9795 of the Government Code including the number of applicant agencies, number of grantees, number of youth served, reported outcomes, and other information obtained pursuant to subprovision (d) upon completion of the Foster Youth Substance Use Disorder Evidence-Based and Promising Practices Program. | ||||||
(i) | For purposes of implementing this provision, the State Department of Health Care Services may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this provision shall be exempt from Chapter 6 (commencing with section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services. | ||||||
(j) | The State Department of Health Care Services shall implement this provision only to extent it determines that federal financial participation under the Medi-Cal program is not jeopardized. | ||||||
32. | (a) | Of the funds appropriated in Schedule (1), $57,000,000 is available for the State Department of Health Care Services, contingent on passage of the Community Assistance, Recovery, and Empowerment Act. The funding shall be distributed by the Controller pursuant to a county schedule provided by the department created in consultation with the California State Association of Counties. The California State Association of Counties shall consult with Urban Counties of California and Rural County Representatives of California. The Controller shall remit funds to a county within 30 days of notification. In order to receive the funding, counties shall report to the State Department of Health Care Services the information necessary to process the payments. The State Department of Health Care Services may issue guidance as necessary regarding the allowable use of the funding. | |||||
(b) | Of the amount allocated in this provision, $31,000,000 is available to support planning and preparation activities, including, but not limited to, hiring, training, and development of policies and procedures, and to support information technology infrastructure costs, including, but not limited to, changes needed to electronic medical record systems, changes to collect needed reporting data, and case tracking and new billing processes to bill commercial plans, and excluding capital expenses. | ||||||
(c) | Of the amount allocated in this provision, $26,000,000 is available to support Cohort I county planning and preparation to implement the Community Assistance, Recovery, and Empowerment Act. | ||||||
33. | Of the amount appropriated in Schedule (3) of this item, $25,000,000 shall be available for the County of Santa Cruz to support the Pajaro Valley Health Care District acquisition of Watsonville Community Hospital. | ||||||
34. | (a) | Of the funds appropriated in Schedule (3), up to $10,000,000 is available for the Hearing Aid Coverage for Children Program for the purpose of providing medically necessary hearing aids and related services to eligible persons as described in subprovision (b). | |||||
(b) | A person is eligible for the program described in this provision if they meet all of the following criteria: | ||||||
(1) | (A) The person is under 18 years of age; or (B) effective January 1, 2023, the person is under 21 years of age. | ||||||
(2) | The person’s household income does not exceed 600 percent of the federal poverty level. | ||||||
(3) | The person is not eligible for the Medi-Cal program or the California Children’s Services Program. | ||||||
(4) | The person does not have health insurance coverage for hearing aids. | ||||||
(c) | For purposes of paragraph (4) of subprovision (b), a person is deemed to have no health insurance coverage if any of the following apply: | ||||||
(1) | The person has no health insurance coverage. | ||||||
(2) | The person has health insurance coverage that excludes coverage for hearing aids. | ||||||
(3) | Effective January 1, 2023, the person has health insurance coverage that has a coverage limit of $1,500 or less for hearing aids. | ||||||
(d) | The State Department of Health Care Services shall specify the benefits and services provided to eligible persons under the program described in this provision. This shall include hearing aids, including bone conduction devices, when medically necessary. | ||||||
(e) | The State Department of Health Care Services shall develop processes to ensure, to the extent practicable, health insurance coverage for hearing aids and related services covered pursuant to this provision is used before the Hearing Aid Coverage for Children Program is billed. | ||||||
(f) | The State Department of Health Care Services may contract with public and private entities in order to implement this provision. Contracts entered into or amended pursuant to this provision shall be exempt from Chapter 1 (commencing with Section 14600) of Part 5.5 of Division 3 of Title 2 of the Government Code, Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, the State Contracting Manual and the State Administrative Manual, and shall be exempt from the review or approval of any division of the State Department of General Services. | ||||||
(g) | 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 implement, interpret, or make specific this provision, in whole or in part, by means of provider bulletin or similar instructions, without taking any further regulatory action. | ||||||
35. | Of the amount in Schedule (3), $70,000,000 shall be available for encumbrance or expenditure until June 30, 2024, for the State Department of Health Care Services to implement a clinic workforce stabilization retention payment program. |
5225-001-0917—For support of Department of Corrections and Rehabilitation, payable from the Inmate Welfare Fund of the Department of Corrections
and Rehabilitation
........................
|
|||||||
Schedule:
|
|||||||
(1) |
4500-Corrections and Rehabilitation Administration
........................
|
1,000,000 | |||||
(2) |
4595-Rehabilitative Programs—Adult Inmate Activities
........................
|
6100-194-0001—For local assistance, State Department of Education, for allocation by the Superintendent of Public Instruction to school
districts, county offices of education, and other agencies for childcare and development programs included in this item, in
lieu of the amount that otherwise would be appropriated pursuant to any other statute
........................
|
740,183,000 | ||||||
Schedule:
|
|||||||
(1) |
5210027-State Preschool Non-Local Educational Agencies
........................
|
742,595,000 | |||||
(2) | Reimbursements to 5210027-State Preschool Non-Local Educational Agencies ........................ | −2,412,000 | |||||
Provisions:
|
|||||||
1. |
Notwithstanding any other law, families shall be disenrolled from subsidized childcare services consistent with the priorities
for services specified in subdivision (b) of Section 8263 of the Education Code. Families shall be disenrolled in the following
order: (a) families with the highest income below 85 percent of the State Median Income (SMI) adjusted for family size, (b)
of families with the same income level, those that have been receiving childcare services for the longest period of time,
(c) of families with the same income level, those that have a child with exceptional needs, and (d) families with children
who are receiving child protective services or are at risk of being neglected or abused, regardless of family income.
|
||||||
2. |
Funds in Schedule (1) shall be allocated to both the part-day
and full-day California State Preschool Program for nonlocal educational agencies.
|
||||||
3. |
Nonfederal funds appropriated in this item that have been budgeted to meet the state’s Temporary Assistance for Needy Families
maintenance-of-effort requirement established pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (P.L. 104-193) shall not be expended in any way that would cause their disqualification as a federally allowable
maintenance-of-effort expenditure.
|
||||||
4. |
Notwithstanding any other law, the Department of Finance may authorize a cash loan from the General Fund for cashflow purposes,
in an amount not to exceed
$20,000,000, provided that:
|
||||||
(a) |
The loan is to meet cash needs resulting from a delay in the receipt of reimbursements from the California State Preschool
Program or the general childcare program funds.
|
||||||
(b) |
The loan is for a short-term need and shall be repaid within 90 days of the loan’s origination date.
|
||||||
(c) |
Interest charges may be waived pursuant to Section 16314 of the Government Code.
|
||||||
5. | Of the amount appropriated in Schedule (1), $18,300,000 is available for the California Universal Preschool Planning Grant Program. | ||||||
6. | Of the funds in Schedule |
||||||
7. | Of the funds appropriated in this item, $2,412,000 is available to support the Preschool Development Grant renewal. |
6100-196-0001—For local assistance, State Department of Education (Proposition 98), for allocation by the Superintendent of Public Instruction
to school districts, county offices of education, and other agencies for the purposes of part-day California state preschool
programs pursuant to Article 2 (commencing with Section 8207) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education
Code funded in this item, in lieu of the amount that otherwise would be appropriated pursuant to any other statute
........................
|
1,718,041,000 | ||||||
Schedule:
|
|||||||
(1) |
5210020-State Preschool—Local Educational Agencies
........................
|
1,668,041,000 | |||||
(2) |
5210010-Child Development, Quality Rating Improvement System Grants
........................
|
50,000,000 | |||||
Provisions:
|
|||||||
1. |
Nonfederal funds appropriated in this item that have been budgeted to meet the state’s Temporary Assistance for Needy Families
maintenance-of-effort requirement established pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (P.L. 104-193) shall not be expended in any way that would cause their disqualification as a federally allowable
maintenance-of-effort expenditure.
|
||||||
2. |
Of the amount appropriated in Schedule (1), up to $5,000,000 is available for the family literacy supplemental grant provided
to California state preschool programs pursuant to
Section 8221 of the Education Code.
|
||||||
3. |
The amount appropriated in Schedule (2) is available for Quality Rating and Improvement System grants provided to California
state preschool programs pursuant to Section 8203.1 of the Education Code.
|
||||||
4. |
Funds in Schedule (1) shall be allocated to both the part-day and full-day California State Preschool Program for local educational
agencies.
|
||||||
5. | Of the funds allocated in Schedule (1), |
8570-101-0001—For local assistance, Department of Food and Agriculture
........................
|
59,010,000 | ||||||
Schedule:
|
|||||||
(1) |
6570-Agricultural Plant and Animal Health; Pest Prevention; Food Safety Services
........................
|
6,405,000 | |||||
(2) |
6580-Assistance to Fair and County Agricultural Activities
........................
|
2,605,000 | |||||
(3) |
6590-General Agricultural Activities
........................
|
50,000,000 | |||||
Provisions:
|
|||||||
1. |
The amount appropriated in Schedule (3) shall be available for the State Water Efficiency and Enhancement Program and shall
be available for encumbrance or expenditure until June 30, 2024. Up to
|
8570-102-0001—For local assistance, Department of Food and Agriculture
........................
|
274,837,000 | ||||||
Schedule:
|
|||||||
(1) |
6575-Marking; Commodities and Agricultural Services
........................
|
80,000,000 | |||||
(2) |
6590-General Agricultural Activities
........................
|
194,837,000 | |||||
Provisions:
|
|||||||
1. |
Of the amount appropriated in Schedule (1), $60,000,000 shall be available for the Farm to School Incubator Grant Program.
This amount shall be available for encumbrance or expenditure until June 30, 2025, and liquidation until June
30, 2028. Up to 12 percent of this amount may be used for administrative costs, including program evaluation. Additionally,
$30,000,000 shall be made available to fund project applications from schools that receive funds under Title 1, Part A of
the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.) first.
|
||||||
2. |
Of the amount appropriated in Schedule (1), $10,000,000 shall be available for the California Nutrition Incentive Program.
This amount shall be available for encumbrance or expenditure until June 30, 2025, and liquidation until June 30, 2028.
|
||||||
3. |
Of the amount appropriated in Schedule (1), $10,000,000 shall be available for
the Healthy Refrigeration Grant Program. This amount shall be available for encumbrance or expenditure until June 30,
2025, and liquidation until June 30, 2028. Up to 12 percent of this amount may be used for administrative costs, including
program evaluation.
|
||||||
4. |
Of the amount appropriated in Schedule (2), $85,000,000 shall be available for the Healthy Soils Program. Up to 8 percent of this amount may be used for administrative costs. Of this amount, not less than 5 percent and not more than $5,000,000 shall be used for technical assistance grants pursuant
to Section 570 of the Food and Agriculture Code. This amount shall be available for encumbrance or expenditure until June
30, 2025, and liquidation until June 30,
2028.
|
||||||
5. |
Of the amount appropriated in Schedule (2), $48,000,000 shall be available for Livestock Methane Reduction, with priority
given to the Alternative Manure Management Program. This amount shall be available for encumbrance or expenditure until June
30, 2025, and liquidation until June 30, 2028.
|
||||||
6. |
Of the amount appropriated in Schedule (2), $22,000,000 shall be available for Technical Assistance and Conservation Management
Plans, and includes $7,000,000 to be prioritized for organics transition. This amount shall be available for encumbrance or
expenditure until June 30, 2025, and liquidation until June 30, 2028.
|
||||||
7. |
Of the amount appropriated in Schedule (2), $5,000,000 shall be available for the Organic Transition Pilot Program which shall
provide incentives, including, but not limited to, grants, technical assistance, and educational materials and outreach, to
farmers and ranchers, with at least a 50 percent priority to socially disadvantaged farmers and ranchers (as defined by the
United States Department of Agriculture), who want to transition land to organic certification. No more than 5 percent of
this amount may be used to support the development, administration and oversight of the Organic Transition Pilot Program.
|
||||||
8. |
Of the amount appropriated in Schedule (2), $15,000,000 shall be
available for the Pollinator Habitat Program. The department shall prioritize the planning of native habitats for the
benefit of native biodiversity and the use of locally appropriate native plant seed mixes when feasible. This amount shall
be available for encumbrance or expenditure until June 30, 2025, and liquidation until June 30, 2028.
|
||||||
9. |
Of the amount appropriated in Schedule (2), $5,000,000 shall be available for Technical Assistance Program for Underserved
Farms. This amount shall be available for encumbrance or expenditure until June 30, 2024, and liquidation until June 30, 2026.
|
||||||
11. | Of the amount appropriated in Schedule (2), $3,750,000 shall be available for integrated pest management grants. This amount shall be available for encumbrance or expenditure until June 30, 2024, and liquidation until June 30, 2026. | ||||||
12. |
After excluding the amounts of Provisions
|
||||||
13. | Of the amount appropriated in Schedule (2), $10,012,000 shall be provided to the Allensworth Progressive Association to be used for the TAC Teaching and Innovation Farm. This amount shall be available for encumbrance or expenditure until June 30, 2025, and liquidation until June 30, 2028. | ||||||
14. | Of the amount appropriated in Schedule |
It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2023.