California Senate Bill SB1031 Latest Draft

 BILL NUMBER: SB 1031AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 23, 2012 AMENDED IN ASSEMBLY JUNE 13, 2012 INTRODUCED BY Committee on Budget and Fiscal Review FEBRUARY 6, 2012 An act to amend  Section 12975.9 of the Insurance Code, relating to seismic safety, and declaring the urgency thereof, to take effect immediately   the Budget Act of 2012 by amending Items 0250-101-0932, 2660-001-0042, 3360-001-0382, 3790-001-0392, 4260-111-0001, 4260-401, 4280-101-0001, 4280-101-3156, 4280-102-0001, 4280-102-3156, 5180-101-0001, 5180-101-0890, 6110-295-0001, 6440-301-0658, 6440-301-0705, 6610-001-0001, 6870-296-0001, 8660-001-0462, 8660-001-0471, 8660-001-0483, and 8660-001-0493 of, and by adding Items 3790-002-0392, 4260-491, 5180-496, 8860-119-0001, and 9350-101-8066 to, Section 2.00 of, and by amending Section 3.90 of, that act, relating to the state budget, and making an appropriation therefor, to take effect   immediately, budget bill  . LEGISLATIVE COUNSEL'S DIGEST SB 1031, as amended, Committee on Budget and Fiscal Review.  Seismic Safety Account: funding.   Budget Act of 2012.   The Budget Act of 2012 made appropriations for the support of state government for the 2012-13 fiscal year.   This bill would amend the Budget Act of 2012 by revising various items of appropriation and making other changes in the Budget Act of 2012.   This bill would declare that it is to take effect immediately as a Budget Bill.   Existing law establishes the Seismic Safety Commission to perform specified duties relating to earthquake hazard reduction and other seismic safety issues. Existing law also provides for the Seismic Safety Account within the Insurance Fund. Money in the account may be appropriated by the Legislature to fund the Seismic Safety Commission and certain administrative costs incurred by the Department of Insurance. Existing law provides for assessments levied against certain insurers to be deposited in the Seismic Safety Account. Under existing law, the provisions establishing the Seismic Safety Account and authorizing these assessments expire on July 1, 2012.   This bill would require the department, instead, to calculate an annual assessment to be charged to each commercial and residential property exposure in an amount set annually by the department based on specified factors, including the amount required for the support of the Seismic Safety Commission and the collection and administrative costs of the department, not to exceed $0.15 per property exposure. The bill would require the insurer to collect the assessment and remit it to the department unless the insurer elects to pay the assessment on the insured's behalf. The bill would extend the operation of these provisions indefinitely.   This bill would declare that it is to take effect immediately as an urgency statute.  Vote:  2/3   majority  . Appropriation:  no   yes  . Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Item 0250-101-0932 of Section 2.00 of the   Budget Act of 2012   is amended to read:  0250-101-0932--For local assistance, Judicial Branch, payable from the Trial Court Trust Fund..........................  1,826,195,000   1,797,061,000 Schedule: (1) 45.10-Support for Operation of the  1,390,697,00  Trial Courts........    1,361,563,0  0  0  (2) 45.25-Compensation of Superior Court Judges.............. 306,829,000 (3) 45.35-Assigned Judges.............. 26,047,000 (4) 45.45-Court Interpreters........ 92,794,000 (5) 45.55.060-Court Appointed Special Advocate Program.... 2,213,000 (6) 45.55.065-Model Self-Help Program... 957,000 (7) 45.55.090-Equal Access Fund......... 5,482,000 (8) 45.55.095-Family Law Information Centers............. 345,000 (9) 45.55.100-Civil Case Coordination... 832,000 (11) Reimbursements...... -1,000 Provisions: 1. The funds appropriated in Schedule (2) shall be made available for costs of the workers' compensation program for trial court judges. 2. The amount appropriated in Schedule (3) shall be made available for all judicial assignments. Schedule (3) expenditures for necessary support staff may not exceed the staffing level that is necessary to support the equivalent of three judicial officers sitting on assignments. Prior to utilizing funds appropriated in Schedule (3), trial courts shall maximize the use of judicial officers who may be available due to reductions in court services or court closures. 3. The funds appropriated in Schedule (4) shall be for payments to contractual court interpreters, and certified or registered court interpreters employed by the courts for services provided during court proceedings and other services related to pending court proceedings, including services provided outside a courtroom, and the following court interpreter coordinators: 1.0 each in counties of the 1st through the 15th classes, 0.5 each in counties of the 16th through the 31st classes, and 0.25 each in counties of the 32nd through the 58th classes. For the purposes of this provision, ""court interpreter coordinators'' may be full- or part-time court employees, and shall be certified or registered court interpreters in good standing under existing law. The Judicial Council shall set statewide or regional rates and policies for payment of court interpreters, not to exceed the rate paid to certified interpreters in the federal court system. The Judicial Council shall adopt appropriate rules and procedures for the administration of these funds. The Judicial Council shall report to the Legislature and the Director of Finance annually regarding expenditures from Schedule (4). 4. Upon order of the Director of Finance, the amount available for expenditure in this item may be augmented by the amount of any additional resources available in the Trial Court Trust Fund, which is in addition to the amount appropriated in this item. Any augmentation must be approved in joint determination with the Chairperson of the Joint Legislative Budget Committee and shall be authorized not sooner than 30 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees and appropriate subcommittees that consider the State Budget, and the chairperson of the joint committee, or not sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may determine. When a request to augment this item is submitted to the Director of Finance, a copy of that request shall be delivered to the chairpersons of the committees and appropriate subcommittees that consider the State Budget. Delivery of a copy of that request shall not be deemed to be notification in writing for purposes of this provision. 5. Notwithstanding any other provision of law, upon approval and order of the Director of Finance, the amount appropriated in this item shall be reduced by the amount transferred in Item 0250-115-0932 to provide adequate resources to the Judicial Branch Workers' Compensation Fund to pay workers' compensation claims for judicial branch employees and judges, and administrative costs pursuant to Section 68114.10 of the Government Code. 6. Of the funds appropriated in Schedule (1), which will be transferred to the State Trial Court Improvement and Modernization Fund in accordance with subdivision (b) of Section 77209 of the Government Code, up to $5,000,000 shall be available for support of services for self- represented litigants. 7. Upon approval by the Administrative Director of the Courts, the Controller shall transfer up to $11,274,000 to Item 0250-001-0932 for recovery of costs for administrative services provided to the trial courts by the Administrative Office of the Courts. 8. In order to improve equal access and the fair administration of justice, the funds appropriated in Schedule (7) are available for distribution by the Judicial Council through the Legal Services Trust Fund Commission in support of the Equal Access Fund Program to qualified legal services projects and support centers as defined in Sections 6213 to 6215, inclusive, of the Business and Professions Code, to be used for legal services in civil matters for indigent persons. The Judicial Council shall approve awards made by the commission if the council determines that the awards comply with statutory and other relevant guidelines. Upon approval by the Administrative Director of the Courts, the Controller shall transfer up to 5 percent of the funding appropriated in Schedule (2) to Item 0250-001-0932 for administrative expenses. Ten percent of the funds remaining after administrative costs shall be for joint projects of courts and legal services programs to make legal assistance available to pro per litigants and 90 percent of the funds remaining after administrative costs shall be distributed consistent with Sections 6216 to 6223, inclusive, of the Business and Professions Code. The Judicial Council may establish additional reporting or quality control requirements consistent with Sections 6213 to 6223, inclusive, of the Business and Professions Code. 9. Funds available for expenditure in Schedule (7) may be augmented by order of the Director of Finance by the amount of any additional resources deposited for distribution to the Equal Access Fund Program in accordance with Sections 68085.3 and 68085.4 of the Government Code. Any augmentation under this provision shall be authorized not sooner than 30 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees and appropriate subcommittees that consider the State Budget, and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may determine. 10. Sixteen (16.0) subordinate judicial officer positions are authorized to be converted to judgeships in the 2012-13 fiscal year in the manner and pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 of the Government Code, as described in the notice filed by the Judicial Council under subparagraph (B) of paragraph (3) of subdivision (c) of Section 69615. 11. Notwithstanding any other provision of law, and upon approval of the Director of Finance, the amount available for expenditure in Schedule (1) may be increased by the amount of any additional resources collected for the recovery of costs for court-appointed dependency counsel services. 12. Upon approval of the Administrative Director of the Courts, the Controller shall transfer up to $556,000 to Item 0250-001-0932 for administrative services provided to the trial courts in support of the court- appointed dependency counsel program. 13. Upon approval of the Administrative Director of the Courts, the amount available for expenditure in this item may be augmented by the amount of resources collected to support the implementation and administration of the civil representation pilot program. 14. Upon approval of the Administrative Director of the Courts, the Controller shall transfer up to $500,000 to Item 0250-001-0932 for administrative services provided by the Administrative Office of the Courts to implement and administer the Civil Representation Pilot Program. 15. Notwithstanding any other provision of law, during the 2012-13 fiscal year, the Judicial Council shall allocate $385,000,000 of reductions in funding contained in Schedule (1) as follows: (a) no more than $235,000,000 shall be allocated to each trial court based on each court's proportionate share of total statewide trial court reserves, and (b) no more than $150,000,000 shall be allocated based on each trial court's proportionate share of the 2011- 12 fiscal year Trial Court Trust Fund allocation. 16. This item includes a one-time augmentation of $86,709,000 to offset the reductions in trial court funding in the 2012-13 fiscal year, based on transfers as follows: (a) $27,223,000 transferred from the State Trial Court Improvement and Modernization Fund, and (b) $59,486,000 transferred from the State Court Facilities Construction Fund. 17. Of the amount appropriated in this item, $46,000,000 of planned expenditures for the Court Case Management System project shall instead be redirected to offset reductions in trial court funding in the 2012-13 fiscal year.  SEC. 2.   Item 2660-001-0042 of Section 2.00 of the   Budget Act of 2012   is amended to read:  2660-001-0042--For support of Department of Transportation, payable from the State Highway Account, State Transportation Fund...................................... 2,383,185,000 Schedule: (1) 10-Aeronautics...... 4,097,000 (2) 20.10-Highway Transportation-- Capital Outlay 1,670,441,00 Support............. 0 (3) 20.30-Highway Transportation-- Local Assistance.... 51,804,000 (4) 20.40-Highway Transportation-- Program Development. 74,138,000 (5) 20.65-Highway Transportation-- Legal............... 123,634,000 (6) 20.70-Highway Transportation-- Operations.......... 246,178,000 (7) 20.80-Highway Transportation- 1,401,915,00 -Maintenance........ 0 (8) 30-Mass Transportation......  145,344,000   146,049,000  (9) 40-Transportation Planning............  113,697,000   121,433,000  (10) 50.10- Administration Program Costs....... 459,537,000 (11) 50.20-Distributed Administration Program Costs....... -459,537,000 (12) 60.10-Equipment Service Program Costs............... 186,216,000 (13) 60.20-Distributed Equipment Service Program Costs....... -186,216,000 (14) Reimbursements......  -360,080,000   -367,816,000  (15) Amount payable from the Aeronautics Account, State Transportation Fund (Item 2660-001- 0041)............... -3,613,000 (16) Amount payable from the Bicycle Transportation Account, State Transportation Fund (Item 2660-001- 0045)............... -12,000 (17) Amount payable from the Public Transportation Account, State Transportation Fund (Item 2660-001- 0046)...............  -159,262,000     -159,967,000  (18) Amount payable from the Historic Property Maintenance Fund (Item 2660-001- 0365)............... -1,645,000 (19) Amount payable from the Federal Trust Fund (Item 2660-001- 0890)............... -744,364,000 (20) Amount payable from the State Route 99 Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 2660-004-6072)...... -31,196,000 (21) Amount payable from the Corridor Mobility Improvement Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 2660-004- 6055)............... -100,269,000 (22) Amount payable from the Trade Corridors Improvement Fund (Item 2660-004- 6056)............... -4,048,000 (23) Amount payable from the Transportation Facilities Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 2660- 004-6058)........... -33,059,000 (24) Amount payable from the Public Transportation Modernization, Improvement, and Service Enhancement Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 2660-004-6059)...... -1,116,000 (25) Amount payable from the State-Local Partnership Program Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 2660-004- 6060)............... -543,000 (26) Amount payable from the Local Bridge Seismic Retrofit Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 2660- 004-6062)........... -1,360,000 (27) Amount payable from the Highway- Railroad Crossing Safety Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 2660- 004-6063)........... -699,000 (28) Amount payable from the Highway Safety, Rehabilitation, and Preservation Account, Highway Safety, Traffic Reduction, Air Quality, and Port Security Fund of 2006 (Item 2660-004- 6064)............... -6,797,000 Provisions: 1. Notwithstanding any other provision of law, funds appropriated in this item from the State Highway Account may be reduced and replaced by an equivalent amount of federal funds determined by the Department of Transportation to be available and necessary to comply with Section 8.50 and the most effective management of state transportation resources. Not more than 30 days after replacing the state funds with federal funds, the Director of Finance shall notify in writing the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee of this action. 2. Notwithstanding any other provision of law, funding appropriated in this item may be transferred to Item 2660-005- 0042 to pay for any necessary insurance, debt service, and other financing-related expenditures for Department of Transportation-occupied office buildings. Any transfer will require the prior approval of the Department of Finance. 4. Notwithstanding any other provision of law, funds appropriated in this item may be supplemented with federal funding appropriation authority and with prior fiscal year State Highway Account appropriation balances at a level determined by the Department of Transportation as required to process claims utilizing federal advance construction through the plan of financial adjustment process pursuant to Sections 11251 and 16365 of the Government Code. 5. Notwithstanding any other provision of law, funds appropriated in Item 2660-001- 0042, 50.00-Administration from the State Highway Account, may be reduced and replaced by an equivalent amount of reimbursements determined by the Department of Transportation to be available and necessary to comply with Section 28.50 and the most effective management of state transportation resources. The reimbursements may also be reduced and replaced by an equivalent amount of funds from the State Highway Account. Not more than 30 days after replacing the State Highway Account funds with reimbursements and vice versa, the Director of Finance shall notify in writing the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee of this action. 6. Of the funds appropriated in Schedule (7), $231,666,000 is for major maintenance contracts for the preservation of highway pavement, and shall not be used to supplant any other funding that would have been used for major pavement maintenance. 7. Of the funds appropriated in Schedule (5), $68,556,000 is for the payment of tort lawsuit claims and awards. Any funds for that purpose that are unencumbered as of April 1, 2012, may be transferred to Item 2660-302-0042. Any transfer shall require the prior approval of the Department of Finance. 8. Of the funds appropriated in Schedule (2), transfers of expenditure authority may be made between Items 2660-001- 0042, 2660-001-0890, 2660-002- 3007, 2660-004-6055, 2660-004- 6056, 2660-004-6058, 2660-004- 6059, 2660-004-6060, 2660-004- 6062, 2660-004-6063, 2660-004- 6064, and 2660-004-6072 to accommodate changes in capital outlay and local assistance program-related workload by funding source or changes in availability of funds. The Department of Finance shall authorize the transfers not sooner than 30 days after notification of the necessity therefor in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee. 9. The Department of Finance may augment the amount appropriated in Schedule (6) by up to $2,000,000 for the federal Americans with Disabilities Act of 1990 consultant contracts if the number of access requests and grievances exceeds the Department of Transportation's projections. The Department of Finance shall authorize the augmentation not sooner than 30 days after notification of the necessity therefor in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee. 10. The Department of Finance may augment the amount appropriated in Schedule (2) by up to $4,200,000 to reimburse the Department of Transportation for the review and approval of environmental and engineering documents regarding circumstances in which the high- speed train system interfaces with the state highway system, as well as specific highway realignment projects related to the high-speed train system. 11. Of the funds appropriated in Schedule (4), $3,953,000 shall be available for research support centers and $3,118,000 shall be available for seismic research projects.  12. Of the funds appropriated in   Schedule (9), the Department of   Transportation shall exempt   project initiation document   development and oversight   services reimbursed from local   government agencies from full   cost recovery as outlined in its   Indirect Cost Recovery Plan.   13. In order to reduce costs to   local agencies, the Department   of Transportation shall   streamline the cooperative work   agreement process related to   project initiation document   development and oversight.   SEC. 3.   Item 3360-001-0382 of Section 2.00 of the   Budget Act of 2012   is amended to read:  3360-001-0382--For support of Energy Resources Conservation and Development Commission, for payment to Item 3360-001- 0465, payable from the Renewable Resource 12,435,00 Trust Fund................................... 0  Provisions:   1. The Department of Finance shall   conduct an independent audit of   the Renewable Resource Trust   Fund and its related accounts,   and provide a final audit   report to the Legislature not   later than June 30, 2013. The   Department of Finance report   shall include information   regarding revenues, payment of   awards, reserves held for   future commitments,   unencumbered cash balances, and   other matters that the Director   of Finance determines may be of   importance to the Legislature.   SEC. 4.   Item 3790-001-0392 of Section 2.00 of the   Budget Act of 2012   is amended to read:  3790-001-0392--For support of Department of Parks and Recreation, payable from the State Parks and Recreation Fund............. 126,946,000 Schedule: (1) For support of Department of Parks and Recreation....... 399,099,000 (1.5) Legal Services....... 341,000 (2) Reimbursements....... -33,167,000 (3) Less funding provided by capital outlay............... -4,000,000 (3.5) Amount payable from the General Fund (Item 3790-001-0001). -112,015,000 (4) Amount payable from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Bond Fund (Item 3790-001-0005)....... -1,683,000 (5) Amount payable from the California Environmental License Plate Fund (Item 3790-001-0140). -3,268,000 (6) Amount payable from the Public Resources Account, Cigarette and Tobacco Products Surtax Fund (Item 3790-001-0235)....... -10,019,000 (7) Amount payable from the Off-Highway Vehicle Trust Fund (Item 3790-001-0263). -60,068,000 (8) Amount payable from the Winter Recreation Fund (Item 3790-001-0449). -347,000 (9) Amount payable from the Harbors and Watercraft Revolving Fund (Item 3790-001- 0516)................ -2,130,000 (10) Amount payable from the Federal Trust Fund (Item 3790-001- 0890)................ -7,475,000 (11) Amount payable from the California Main Street Program Fund (Item 3790-001- 3077)................ -175,000 (12) Amount payable from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund (Item 3790-001-6029). -2,381,000 (13) Amount payable from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (Item 3790-001-6031)....... -371,000 (14) Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 3790-001-6051)....... -7,229,000 (15) Amount payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 (Item 3790-003-6051)....... -15,044,000 (16) Amount payable from the Disaster Preparedness and Flood Prevention Bond Fund of 2006 (Item 3790-001-6052). -122,000 (17) Amount payable from the California State Park Enterprise Fund (Item 3790-001-8072). -13,000,000 Provisions: 1. Of the funds appropriated in this act from special funds, other than the Off-Highway Vehicle Trust Fund and bond funds, to the Department of Parks and Recreation for local assistance grants to local agencies, the department may allocate an amount not to exceed 3.7 percent of each project's allocation, except to the extent otherwise restricted by law, to allow the department to administer its grants. Those funds shall be available for encumbrance or expenditure until June 30, 2018. 2. It is the intent of the Legislature that salaries, wages, operating expenses, and positions associated with implementing specific Department of Parks and Recreation capital outlay projects continue to be funded through capital outlay appropriations, and that these funds should also be reflected in the department's state operations budget in the Governor's Budget as a special item of expense reflecting the funding provided from the capital outlay appropriations. 3. Notwithstanding any other provision of law, the Director of Finance may authorize a loan from the General Fund, in an amount not to exceed 35 percent of reimbursements appropriated in this item to the Department of Parks and Recreation, provided that: (a) The loan is to meet cash needs resulting from the delay in receipt of reimbursements for services provided. (b) The loan is for a short term and shall be repaid by September 30, 2013. (c) Interest charges may be waived pursuant to subdivision (e) of Section 16314 of the Government Code. (d) The Director of Finance may not approve the loan unless the approval is made in writing and filed with the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations not later than 30 days prior to the effective date of the approval, or not later than whatever lesser time prior to that effective date that the chairperson of the joint committee, or his or her designee, may determine. 4. The Department of Parks and Recreation is authorized to enter into a contract for fee collection and other services required by the department with a cooperative association that has and will continue to fund state employees on an ongoing basis.  5. Of the amount appropriated in   this item, $6,000,000 shall be   available for support or capital   outlay and expenditure and   encumbrance until June 30, 2014,   for water, wastewater, and sewer   system projects.   SEC. 5.   Item 3790-002-0392 is added to Section 2.00 of the   Budget Act of 2012   , to read:     3790-002-0392--For support of Department of   Parks and Recreation, payable from the State   Parks and Recreation Fund ................... 2,000,000   Schedule:   (1) For support of Department   of Parks and Recreation.... 2,000,000   Provisions:   1. Notwithstanding any other provision   of law, upon request of the   Department of Parks and Recreation,   and approval by the Department of   Finance, the Controller shall adjust   the appropriation related to the   federal agreements between the   Department of Parks and Recreation   and the National Park Service for   Del Norte Coast Redwoods State Park,   Samuel P. Taylor State Park, and   Tomales Bay State Park. The   Department of Finance shall approve   the adjustments not sooner than 30   days after notification in writing   to the Joint Legislative Budget   Committee.     SEC. 6.  Item 4260-111-0001 of Section 2.00 of the   Budget Act of 2012   is amended to read:  4260-111-0001--For local assistance, Department of Health Care Services........  176,224,000   174,189,000  Schedule: (1) 20.25-Children's Medical Services.... 380,745,000 (2) 20.35-Primary and Rural Health........ 1,054,000 (3) 20.45-Other Care Services............  111,507,000   109,472,000  (4) Reimbursements...... -55,672,000 (5) Amount payable from the Breast Cancer Control Account (Item 4260-111- 0009)............... -7,912,000 (6) Amount payable from the Childhood Lead Poisoning Prevention Fund (Item 4260-111- 0080)............... -22,000 (7) Amount payable from the Unallocated Account, Cigarette and Tobacco Products Surtax Fund (Item 4260-111- 0236)............... -22,081,000 (8) Amount payable from the Federal Trust Fund (Item 4260-111- 0890)............... -231,395,000 Provisions: 1. Program 20.25-Children's Medical Services: Counties may retain 50 percent of total enrollment and assessment fees that are collected by the counties for the California Children's Services Program. Fifty percent of the enrollment and assessment fee for each county shall be offset from the state's match for that county. 2. Notwithstanding any other provision of law, the Department of Finance may authorize transfer of expenditure authority between this item and Items 4260-101-0001, 4260-102- 0001, 4260-113-0001, and 4260- 117-0001 in order to effectively administer the programs funded in these items. The Department of Finance shall notify the Legislature within 10 days of authorizing such 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 reduced. 3. The State Department of Health Care Services shall convene a diverse workgroup, that, at a minimum, represents families enrolled in the California Children's Services (CCS) Program, counties, specialty care providers, children's hospitals, and medical suppliers to discuss the administrative structure of the CCS Program, including eligibility determination processes, the use and content of needs assessment tools in case management, and the processes used for treatment authorizations. The purpose of this workgroup will be to identify methods for streamlining, identifying administrative cost efficiencies, and developing better utilization of both state and county staff, as applicable, in meeting the needs of children and families accessing the CCS Program. The department may provide the appropriate policy and fiscal committees of the Legislature with periodic updates of outcomes as appropriate.  SEC. 7.  Item 4260-401 of Section 2.00 of the   Budget Act of 2012   is amended to read:  4260-401--The balances of the appropriations provided for in the following items shall be transferred to the Department of Health Care Services, as of June 30, 2012, to carry out the liquidation of these appropriations: (1) Items 4440-10  3   1  -0001, 4440-10  5   3  -0001,  4440-001-0890, 4440-101-0890, 4440-001-   4440-105-0001, 4440-001-0890, 4440-101-   0890, 4440-001-3085, and 4440-101-  3085,  and 4440-101-3085,  Budget Act of  2010 (Ch. 712,   2010 (Ch. 712,  Stats. 2010) (2) Items 4440-101-0001, 4440-103-0001, 4440-105-3085, 4440-001-0890, 4440-101- 0890, 4440-001-3085, and 4440-101- 3085, Budget Act of 2011 (Ch. 33, Stats. 2011)  SEC. 8.   Item 4260-491 is added to Section 2.00 of the   Budget Act of 2012   , to read:     4260-491--Reappropriation, Department of   Health Care Services. Notwithstanding any   other provision of law, as of July 1, 2012,   the appropriation provided in the following   citation shall be transferred from the State   Department of Public Health to the State   Department of Health Care Services. The   reappropriated amount is for the purposes   specified and shall be available for   encumbrance or expenditure until June 30,   2014.   0001--General Fund   (1) Item 4265-111-0001, Budget Act of   2010 (Ch. 712, Stats. 2010)   (1) Up to $10,644,000 is available   for reappropriation for local   assistance costs for the Every   Woman Counts Program.     SEC. 9.   Item 4280-101-0001 of Section 2.00 of the   Budget Act of 2012   is amended to read:  4280-101-0001--For local assistance, Managed Risk Medical Insurance Board, for the Healthy Families Program.............. 159,603,000 Schedule: (1) 20-Access for Infants and Mothers Program............. 71,883,000 (2) 40-Healthy Families Program.............  793,905,000   968,712,000  (3) Amount payable from the Federal Trust Fund (Item 4280-101- 0890)............... -697,859,000 (4) Amount payable from the Children's Health and Human Services Special Fund (Item 4280-101- 3156)...............  -8,326,000     -183,133,000  Provisions: 1. Upon order of the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Item 4280-102-0001 in order to effectively administer the Healthy Families Program. 2. The Managed Risk Medical Insurance Board shall use all available, designated funds for the Healthy Families Program from the Children's Health and Human Services Special Fund before General Fund moneys are used. 3. The Department of Finance may authorize the transfer of expenditure authority from this item to Item 4260-101-0001 or 4260-113-0001, or both of those items, and position authority from the Managed Risk Medical Insurance Board to the State Department of Health Care Services, as it pertains to the transition of the Healthy Families Program to the State Department of Health Care Services. Any transfer shall be consistent with the transition plan, or components of a transition plan, as provided to the Legislature as required in state statute regarding these program transfers. The Director of Finance shall provide notification in writing to the Joint Legislative Budget Committee of any transfer of expenditure authority approved under this provision not less than 30 days prior to the effective date of the approval. This notification shall include (a) a comprehensive description of the program transfer, including the number of children affected and plans affected, and (b) all assumptions used in calculating the amount of expenditure and position authority transferred.  SEC. 10.   Item 4280-101-3156 of Section 2.00 of the   Budget Act of 2012   is amended to read:  4280-101-3156--For local assistance, Managed Risk Medical Insurance Board, for payment to Item 4280-101-0001, payable from the Children's Health and Human Services Special Fund, for the Healthy Families Program...........................  8,326,000   183,133,000  Provisions: 1. Funds appropriated in this item are in lieu of the amounts that otherwise would have been appropriated for administration pursuant to Section 12201 of the Revenue and Taxation Code. 2. Upon order of the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Item 4280-102-3156 in order to effectively administer the Healthy Families Program. 3. Provision 2 of Item 4280-101- 0001 also applies to this item. 4. The Department of Finance may authorize the transfer of expenditure authority from this item to Item 4260-101- 0001, 4260-101-3156, or 4260- 113-0001, or any combination of those items, and position authority from the Managed Risk Medical Insurance Board to the State Department of Health Care Services, as it pertains to the transition of the Healthy Families Program to the State Department of Health Care Services. Any transfer shall be consistent with the transition plan, or components of a transition plan, as provided to the Legislature as required in state statute regarding these program transfers. The Director of Finance shall provide notification in writing to the Joint Legislative Budget Committee of any transfer of expenditure authority approved under this provision not less than 30 days prior to the effective date of the approval. This notification shall include (a) a comprehensive description of the program transfer, including the number of children affected and plans affected, and (b) all assumptions used in calculating the amount of expenditure and position authority transferred.  SEC. 11.   Item 4280-102-0001 of Section 2.00 of the   Budget Act of 2012  is amended to read:  4280-102-0001--For local assistance, Managed Risk Medical Insurance Board, for Healthy Families Program administrative contracts..... 3,564,000 Schedule: (1) 40-Healthy Families Program................  47,639,000   55,876,000 (2) Reimbursements......... -8,094,000 (3) Amount payable from the Federal Trust Fund (Item 4280-102-0890)... -35,585,000 (4) Amount payable from the Children's Health and Human Services Special Fund (Item 4280-102-3156).........  -396,000     -8,633,000  Provisions: 1. Upon order of the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Item 4280-101-0001 in order to effectively administer the Healthy Families Program. 2. Provision 2 of Item 4280-101-0001 also applies to this item. 3. The Department of Finance may authorize the transfer of expenditure authority from this item to Item 4260-101-0001 or 4260- 113-0001, or both of those items, and position authority from the Managed Risk Medical Insurance Board to the State Department of Health Care Services, as it pertains to the transition of the Healthy Families Program to the State Department of Health Care Services. Any transfer shall be consistent with the transition plan, or components of a transition plan, as provided to the Legislature as required in state statute regarding these program transfers. The Director of Finance shall provide notification in writing to the Joint Legislative Budget Committee of any transfer of expenditure authority approved under this provision not less than 30 days prior to the effective date of the approval. This notification shall include (a) a comprehensive description of the program transfer, including the number of children affected and plans affected, and (b) all assumptions used in calculating the amount of expenditure and position authority transferred.  SEC. 12.   Item 4280-102-3156 of Section 2.00 of the   Budget Act of 2012   is amended to read:  4280-102-3156--For local assistance, Managed Risk Medical Insurance Board, for payment to Item 4280-102-0001, payable from the Children's Health and Human Services Special Fund, for Healthy Families Program administrative contracts....................  396,000   8,633,000  Provisions: 1. Funds appropriated in this item are in lieu of the amounts that otherwise would have been appropriated for administration pursuant to Section 12201 of the Revenue and Taxation Code. 2. Upon order of the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Item 4280-101-3156 in order to effectively administer the Healthy Families Program. 3. Provision 2 of Item 4280-101-0001 also applies to this item.  SEC. 13.   Item 5180-101-0001 of Section 2.00 of the   Budget Act of 2012   is amended to read:  5180-101-0001--For local assistance, Department of Social Services............ 1,648,532,000 Schedule: (1) 16.30-CalWORKs......  4,731,070,00     4,811,070,00  0 (2) 16.65-Other Assistance Payments. 819,249,000 (3) Reimbursements...... -759,000 (4) Amount payable from the Emergency Food Assistance Program Fund (Item 5180-101- 0122)............... -640,000 (5) Amount payable from the Federal Trust Fund (Item 5180-101- -3,890,542,0     0890)............... -3,970,542,0   0890)...............    00 (6) Amount payable from the Child Support Collections Recovery Fund (Item 5180-101-8004)...... -9,846,000 Provisions: 1. (a) No funds appropriated in this item shall be encumbered unless every rule or regulation adopted and every all- county letter issued by the State Department of Social Services that adds to the costs of any program is approved by the Department of Finance as to the availability of funds before it becomes effective. In making the determination as to availability of funds to meet the expenditures of a rule, regulation, or all-county letter that would increase the costs of a program, the Department of Finance shall consider the amount of the proposed increase on an annualized basis, the effect the change would have on the expenditure limitations for the program set forth in this act, the extent to which the rule, regulation, or all-county letter constitutes a deviation from the premises under which the expenditure limitations were prepared, and any additional factors relating to the fiscal integrity of the program or the state's fiscal situation. (b) Notwithstanding Sections 28.00 and 28.50, the availability of funds contained in this item for rules, regulations, or all-county letters that add to program costs funded from the General Fund in excess of $500,000 on an annual basis, including those that are the result of a federal regulation, but excluding those that are (a) specifically required as a result of the enactment of a federal or state law or (b) included in the appropriation made by this act, shall not be approved by the Department of Finance sooner than 30 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee, or sooner than such lesser time after notification as the chairperson of the joint committee, or his or her designee, may in each instance determine. 2. Notwithstanding Chapter 1 (commencing with Section 18000) of Part 6 of Division 9 of the Welfare and Institutions Code, a loan not to exceed $500,000,000 shall be made available from the General Fund, from funds not otherwise appropriated, to cover the federal share of costs of a program or programs when the federal funds have not been received by this state prior to the usual time for transmitting that federal share to the counties of this state. This loan from the General Fund shall be repaid when the federal share of costs for the program or programs becomes available. 3. The Department of Finance may authorize the transfer of amounts from this item to Item 5180-001-0001 in order to fund the costs of the administrative hearing process associated with the CalWORKs program. 4. (a) The Department of Finance is authorized to approve expenditures in those amounts made necessary by changes in either caseload or payments, including, but not limited to, the timing of federal payments, or any rule or regulation adopted and any all- county letter issued as a result of the enactment of a federal or state law, the adoption of a federal regulation, or a court action, during the 2012-13 fiscal year that are within or in excess of amounts appropriated in this act for that year. (b) If the Department of Finance determines that the estimate of expenditures will exceed the expenditures authorized for this item, the department shall so report to the Legislature. At the time the report is made, the amount of the appropriation made in this item shall be increased by the amount of the excess unless and until otherwise provided by law. 5. Nonfederal funds appropriated in this item which 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) may not be expended in any way that would cause their disqualification as a federally allowable maintenance-of-effort expenditure. 6. In the event of declared disaster and upon county request, the State Department of Social Services may act in the place of any county and assume direct responsibility for the administration of eligibility and grant determination. Upon recommendation of the Director of Social Services, the Department of Finance may authorize the transfer of funds from this item and Item 5180-101- 0890, to Items 5180-001-0001 and 5180-001-0890, for this purpose. 7. Pursuant to the Electronic Benefit Transfer (EBT) Act (Chapter 3 (commencing with Section 10065) of Part 1 of Division 9 of the Welfare and Institutions Code) and in accordance with the EBT System regulations (Manual of Policies and Procedures Section 16- 401.15), in the event a county fails to reimburse the EBT contractor for settlement of EBT transactions made against the county's cash assistance programs, the state is required to pay the contractor. The State Department of Social Services may use funds from this item to reimburse the EBT contractor for settlement on behalf of the county. The county shall be required to reimburse the department for the county's settlement via direct payment or administrative offset. 8. The Department of Finance is authorized to approve expenditures for the California Food Assistance Program in those amounts made necessary by changes in the CalFresh Program Standard Utility Allowance, including those that result from midyear Standard Utility Allowance adjustments requested by the state. If the Department of Finance determines that the estimate of expenditures will exceed the expenditure authority of this item, the department shall so report to the Legislature. At the time the report is made, the amount of the appropriation made in this item shall be increased by the amount of the excess unless and until otherwise provided by law.  SEC. 14.   Item 5180-101-0890 of Section 2.00 of the   Budget Act of 2012   is amended to read:  5180-101-0890--For local assistance, Department of Social Services, for payment to Item 5180-101-0001, payable from the Federal Trust Fund...............  3,890,542,000   3,970,542,000  Provisions: 1. Provisions 1, 4, 6, and 7 of Item 5180-101-0001 also apply to this item. 2. The Director of Finance may authorize the transfer of amounts from this item to Item 5180-001-0890 in order to fund the costs of the administrative hearing process associated with the CalWORKs program. 3. For the purpose of broadening access to federal Child and Adult Care Food Program benefits for low-income children in proprietary child care centers, the State Department of Social Services may transfer up to $10,000,000 of the funds appropriated in this item for Program 16.30--CalWORKs, from the Temporary Assistance for Needy Families (TANF) block grant to the Social Services Block Grant (Title XX) pursuant to authorization in the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193). The Title XX funds shall be pooled with TANF funds appropriated in this item for CalWORKs Child Care. This transfer shall occur only if the Director of Finance approves the pooling of Title XX funds with Child Care and Development Fund or TANF funds, or both. 4. Upon request of the State Department of Social Services, the Director of Finance may increase or decrease the expenditure authority in this item to offset any increases or decreases in collections deposited in the Child Support Collections Recovery Fund and appropriated in Item 5180-101-8004. The Department of Finance shall provide notification of the adjustment to the Joint Legislative Budget Committee within 10 working days from the date of Department of Finance approval of the adjustment. 5. Upon request of the Department of Finance, the Controller shall transfer funds between this item and Item 5180-153-0890 as needed to reflect the estimated expenditure amounts for each county that opts into the Title IV-E Child Welfare Waiver Demonstration Project pursuant to Section 18260 of the Welfare and Institutions Code. The Department of Finance shall report to the Legislature the amount to be transferred pursuant to this provision. The transfer shall be authorized at the time the report is made.  SEC. 15.   Item 5180-496 is added to Section 2.00 of the   Budget Act of 2012   , to read:     5180-496--Reversion, Department of Social   Services. As of June 30, 2012, the balances   specified below of the appropriations provided   in the following citations shall revert to the   balances in the funds from which the   appropriations were made:   0890--Federal Trust Fund   (1) Item 5180-101-0890, Budget Act of 2011   (Ch. 33, Stats. 2011). An amount of   $80,000,000 appropriated for the   CalWORKs program.     SEC. 16.   Item 6110-295-0001 of Section 2.00 of the   Budget Act of 2012   is amended to read:  6110-295-0001--For local assistance, Department of Education (Proposition 98), for transfer to Section A of the State School Fund, for reimbursement, in accordance with the provisions of Section 6 of Article XIII B of the California Constitution or Section 17561 of the Government Code, of the cost of any new program or increased level of service of an existing program mandated by statute or executive order,  36,0    for disbursement by the Controller................  0   41,  0  00  Schedule: (1) 98.01.003.677-Consolidation of Annual Parent Notification/Schoolsite Discipline Rules/Alternative Schools (Ch. 36, Stats. 1977, et al.) (CSM 4445, 4453, 4461, 4462, 4474, 4488, 97-TC-24, 99-TC-09, 00-TC-12)......... 1,000 (2) 98.01.009.894-Caregiver Affidavits (Ch. 98, Stats. 1994) (CSM 4497)............ 1,000 (3) 98.01.048.675-Mandate Reimbursement Process (Ch. 486, Stats. 1975) (CSM 4485)....................... 1,000 (4) 98.01.049.802-Notification of Truancy (Ch. 498, Stats. 1983) (CSM 4133)............ 1,000 (5) 98.01.049.803-Pupil Suspensions, Expulsions, Expulsion Appeals (Ch. 498, Stats. 1983, et al.) (CSM 4455, 4456, and 4463)....... 1,000 (6) 98.01.078.192-Charter Schools I, II, and III (Ch. 781, Stats. 1992) (CSM 4437 et al., 99-TC-03/99-TC-14).. 1,000 (7) 98.01.081.891-AIDS Instruction I and AIDS Prevention Instruction II (Ch. 818, Stats. 1991; Ch. 403, Stats. 1998) (CSM 4422; 99-TC-07, 00-TC-01)... 1,000 (8) 98.01.096.175-Collective Bargaining (Ch. 961, Stats. 1975) (CSM 4425, 97-TC-08).. 1,000 (9) 98.01.096.577-Pupil Health Screenings (Ch. 1208, Stats. 1976) (CSM 4440)..... 1,000 (10) 98.01.097.595-Physical Performance Tests (Ch. 975, Stats. 1995) (96-365-01).... 1,000 (11) 98.01.101.184-Juvenile Court Notices II (Ch. 1011, Stats. 1984; Ch. 1423, Stats. 1984) (CSM 4475)..... 1,000 (12) 98.01.110.784-Removal of Chemicals (Ch. 1107, Stats. 1984) (CSM 4211, 4298)...... 0 (13) 98.01.111.789-Consolidation of Law Enforcement Agency Notifications (LEAN) and Missing Children Reports (MCR) (Ch. 1117, Stats. 1989) (CSM 4505, 4505-2).... 1,000 (14) 98.01.117.677-Immunization Records (Ch. 1176, Stats. 1977) (SB 90-120)........... 1,000 (15) 98.01.118.475-Habitual Truants (Ch. 1184, Stats. 1975) (CSM 4487, 4487-A).... 1,000 (16) 98.01.130.689-Consolidation of Notification to Teachers: Pupils Subject to Suspension or Expulsion I and II, and Pupil Discipline Records (Ch. 1306, Stats. 1989) (CSM 4452)....................... 1,000 (17) 98.01.134.780-Scoliosis Screening (Ch. 1347, Stats. 1980) (CSM 4195)............ 0 (18) 98.01.030.995-Pupil Residency Verification and Appeals (Ch. 309, Stats. 1995) (96-384-01)........... 0 (19) 98.01.058.897-Criminal Background Checks I (Ch. 558, Stats. 1997) (97-TC- 16) ........................ 1,000 (20) 98.01.083.194-School Bus Safety I and II (Ch. 624, Stats. 1992; Ch. 831, Stats. 1994; Ch. 739, Stats. 1997) (97-TC-22)..... 0 (21) 98.01.064.186-Open Meetings/Brown Act (Ch. 641, Stats. 1986) (CSM 4257)....................... 1,000 (22) 98.01.361.977-Financial and Compliance Audits (Ch. 36, Stats. 1977) (CSM 4498, 4498-A)..................... 1,000 (23) 98.01.064.097-Physical Education Reports (Ch. 640, Stats. 1997) (98-TC-08)..... 0 (24) 98.01.112.096-Health Benefits for Survivors of Peace Officers and Firefighters (Ch. 1120, Stats. 1996) (97-TC-25)..... 0 (25) 98.01.091.787-County Office of Education Fiscal Accountability Reporting (Ch. 917, Stats. 1987, et al.) (97-TC-20)............. 1,000 (26) 98.01.010.081-School District Fiscal Accountability Reporting (Ch. 100, Stats. 1981) (97- TC-19)...................... 1,000 (27) 98.01.012.693-Law Enforcement Sexual Harassment Training (Ch. 126, Stats. 1993) (97-TC- 07)......................... 0 (28) 98.01.078.495-County Treasury Withdrawals (Ch. 784, Stats. 1995) (96-365- 03)......................... 0 (29) 98.01.073.697-Comprehensive School Safety Plans (Ch. 736, Stats. 1997) (98-TC- 01, 99-TC-10)............... 1,000 (30) 98.01.032.578-Immunization Records-- Hepatitis B (Ch. 325, Stats. 1978; Ch. 435, Stats. 1979) (98-TC-05)..... 1,000 (31) 98.01.119.280-School District Reorganization (Ch. 1192, Stats. 1980; Ch. 1186, Stats. 1994) (98-TC- 24)......................... 1,000 (32) 98.01.059.498-Criminal Background Checks II (Ch. 594, Stats. 1998, Ch. 840, Stats. 1998, Ch. 78, Stats. 1999) (00-TC-05)............ 1,000 (33) 98.01.117.096-Grand Jury Proceedings (Ch. 1170, Stats. 1996, et al.) (98-TC- 27)......................... 0 (34) 98.01.074.398-Pupil Promotion and Retention (Ch. 100, Stats. 1981, et al.) (98-TC-19)............. 1,000 (35) 98.01.030.098-Differential Pay and Re-employment (Ch. 30, Stats. 1998) (99-TC-02). 1,000 (36) 98.01.007.778-Absentee Ballots (Ch. 77, Stats. 1978; Ch. 1032, Stats. 2002) (02-PGA-02)........... 1,000 (37) 98.01.089.300-Agency Fee Arrangements (Ch. 893, Stats. 2000; Ch. 805, Stats. 2001) (00-TC-17 and 01-TC-14)................... 1,000 (38) 98.01.498.083-The Stull Act (Ch. 498, Stats. 1983; Ch. 4, Stats. 1999) (98-TC-25).. 1,000 (39) 98.01.124.992-Threats Against Peace Officers (Ch. 1249, Stats. 1992 et al.)... 1,000 (40) 98.01.060.394-CA State Teachers Retirement System Services Credit (Ch. 603, Stats. 1994 et al.) (02-TC- 19)......................... 1,000 (41) 98.01.498.830-Pupil Safety Notices (Ch. 498, Stats. 1983 et al.) (02-TC-13)..... 1,000 (42) 98.01.146.389-School Accountability Report Cards II & III (Ch. 912, Stats. 1997 et al.) (00-TC- 09/00-TC-13; 02-TC-32)...... 1,000 (43) 98.01.124.978-Prevailing Wage (Ch. 1249, Stats. 1978) (01-TC-28)............ 1,000 (44) 98.01.016.193-Intradistrict Attendance (Ch. 161, Stats. 1993) (CSM 4454)............ 1,000 (45) 98.01.013.599-California High School Exit Examination (Ch. 135, Stats. 1999) (00-TC-06)..... 1,000  (46) 98.01.059.389-Student   Records (Ch. 593, Stats.   1989) (02-TC-34)............ 1,000   (47) 98.01.003.999-Academic   Performance Index (Ch. 3,   1999-2000 1st Ex. Sess., et   al.) (01-TC-22)............. 1,000   (48) 98.01.064.087-Child Abuse   and Neglect Reporting (Ch.   640, Stats. 1987, et al.)   (01-TC-21).................. 1,000   (49) 98.01.125.375-Expulsion of   Pupil: Transcript Cost for   Appeals (Ch. 1253, Stats.   1975)....................... 1,000   (50) 98.01.017.201-Interdistrict   Attendance Permits (Ch.   172, Stats. 1986, et al.)   (CSM-4442).................. 1,000  Provisions: 1. Pursuant to Section 17581.5 of the Government Code, mandates included in the language of this item are specifically identified by the Legislature for suspension during the 2012-13 fiscal year: (12) 98.01.110.784-Removal of Chemicals (Ch. 1107, Stats. 1984) (CSM 4211, 4298) (17) 98.01.134.780-Scoliosis Screening (Ch. 1347, Stats. 1980) (CSM 4195) (18) 98.01.030.995-Pupil Residency Verification and Appeals (Ch. 309, Stats. 1995) (96-384-01) (20) 98.01.083.194-School Bus Safety I and II (Ch. 624, Stats. 1992; Ch. 831, Stats. 1994; Ch. 739, Stats. 1997) (97-TC-22) (23) 98.01.064.097-Physical Education Reports (Ch. 640, Stats. 1997) (98-TC-08) (24) 98.01.112.096-Health Benefits for Survivors of Peace Officers and Firefighters (Ch. 1120, Stats. 1996) (97- TC-25) (27) 98.01.012.693-Law Enforcement Sexual Harassment Training (Ch. 126, Stats. 1993) (97-TC- 07) (28) 98.01.078.495-County Treasury Withdrawals (Ch. 784, Stats. 1985) (96-365-03) (33) 98.01.117.096-Grand Jury Proceedings (Ch. 1170, Stats. 1996) (98-TC-27) 2. If the amount appropriated in this item is less than the amount required to fund eligible claims contained in this item, the Controller shall prorate the payments accordingly.  SEC. 17.   Item 6440-301-0658 of Section 2.00 of the   Budget Act of 2012   is amended to read:  6440-301-0658--For capital outlay, University of California, payable from the 1996 Higher Education Capital Outlay Bond Fund ........................................ 6,532,000 Schedule: Santa Cruz Campus (1) 99.07.185-Infrastructure Improvements, Phase 2--Construction............ 6,532,000  Provisions:   1. Identified savings in funds   encumbered from this general   obligation bond fund for   construction contracts for capital   outlay projects, remaining after   completion of a capital outlay   project and upon resolution of all   change orders and claims, may be   used prior to the appropriation   reversion date: (a) to begin working   drawings for a project for which   preliminary plan funds have been   appropriated and the plans have been   approved by the State Public Works   Board consistent with the scope and   cost approved by the Legislature as   adjusted for inflation only, (b) to   proceed further with the underground   tank corrections program, (c) to  perform engineering evaluations on   buildings that have been identified   as potentially in need of seismic   retrofitting, (d) to proceed with   design and construction of projects   to meet requirements under the   federal Americans with Disabilities   Act of 1990 (42 U.S.C. Sec. 12101 et   seq.), or (e) to fund minor capital   outlay projects.   2. The funds provided in this item   shall be available for expenditure   only if the University of California   requires the payment of prevailing   wage rates by the contractors and   subcontractors on all projects in   this item and on all other capital   outlay projects undertaken by the   University of California that are   funded using nonstate funds or are   otherwise not financed with the   funds appropriated in this item.   This requirement shall represent a   moratorium on granting further   exceptions to paying prevailing wage   rates until June 30, 2013.   SEC. 18.   Item 6440-301-0705 of Section 2.00 of the   Budget Act of 2012   is amended to read:  6440-301-0705--For capital outlay, University of California, payable from the 1992 Higher Education Capital Outlay Bond Fund......................................... 1,200,000 Schedule: Santa Cruz Campus (1) 99.07.185-Infrastructure Improvements, Phase 2--Construction............ 1,200,000  Provisions:   1. Identified savings in funds   encumbered from this general   obligation bond fund for   construction contracts for capital   outlay projects, remaining after   completion of a capital outlay   project and upon resolution of all   change orders and claims, may be   used prior to the appropriation   reversion date: (a) to begin working   drawings for a project for which   preliminary plan funds have been   appropriated and the plans have been   approved by the State Public Works   Board consistent with the scope and   cost approved by the Legislature as   adjusted for inflation only, (b) to   proceed further with the underground   tank corrections program, (c) to   perform engineering evaluations on   buildings that have been identified   as potentially in need of seismic   retrofitting, (d) to proceed with   design and construction of projects   to meet requirements under the   federal Americans with Disabilities   Act of 1990 (42 U.S.C. Sec. 12101 et   seq.), or (e) to fund minor capital   outlay projects.   2. The funds provided in this item   shall be available for expenditure   only if the University of California   requires the payment of prevailing   wage rates by the contractors and   subcontractors on all projects in   this item and on all other capital   outlay projects undertaken by the   University of California that are   funded using nonstate funds or are   otherwise not financed with the   funds appropriated in this item.   This requirement shall represent a   moratorium on granting further   exceptions to paying prevailing wage   rates until June 30, 2013.   SEC. 19.   Item 6610-001-0001 of Section 2.00 of the   Budget Act of 2012   is amended to read:  6610-001-0001--For support of California State University......................... 1,936,597,000 Schedule: (1) Support............. 1,936,597,00 0 Provisions: 1. The appropriations made in this item are exempt from Section 31.00, except as otherwise provided by the applicable sections of the Government Code referred to in Section 31.00. 2. Of the amount appropriated in this item, $350,000 is for transfer to the Affordable Student Housing Revolving Fund for the purpose of subsidizing interest costs in connection with bond financing for construction of affordable student housing at the Fullerton and East Bay campuses in accordance with Article 3 (commencing with Section 90085) of Chapter 8 of Part 55 of Division 8 of Title 3 of the Education Code. 7. Of the funds appropriated in this item, $33,785,000 is provided for student financial aid grants. These financial aid funds shall be provided to needy students according to the nationally accepted needs analysis methodology. 8. If the Director of Finance reduces appropriations pursuant to subdivision (a) of Section 3.62, the California State University (CSU) shall not make budget reductions to any individual student academic preparation and outreach program that is greater, proportionally, than the reduction in overall General Fund support for the university. The university shall submit a report on the reduction made to these programs to the fiscal committees of each house of the Legislature no later than April 1, 2013. 11. Notwithstanding Section 89704 of the Education Code or any other provision of law, the Chancellor of the California State University may transfer such balances he or she deems necessary from the State University Continuing Education Revenue Fund or any other revenues received from extension programs and other self- supporting instructional programs to the California State University Trust Fund, or to trust accounts pursuant to Section 89721 of the Education Code, for expenditure in order to mitigate impacts to state- supported instructional programs that would result from reductions in state General Fund  appropriations for support of   appropriations or reductions in   tuition fee revenues for support   of  the university. The  Chancellor     Chancellor  shall report within  10 days to   10 days to the Director of   the Director of  Finance and to  the Chairperson   the Chairperson  of the Joint    Legislative   Budget   Legislative Budget  Committee on  any amounts   any amounts  transferred pursuant  to this   to this  provision. The    Legislature   expects the California State   University to enroll a total of   331,716 state-supported full-   time equivalent students during   the 2012-13 academic year. This   enrollment target does not   include nonresident students and   students enrolled in nonstate   supported summer programs. The  Chancellor shall report to the Director of Finance and to the Chairperson of the Joint Legislative Budget Committee  by   (a)   by May 1, 2013, on whether the   California State University has   met the 2012-13 academic year   enrollment goal, and (b) by June   June  30, 2013,  on  the impact  of   of  any transfer on self-    supporting   supporting  instructional  programs   and   programs and related fees. This   provision shall only become  operative if the Director of   Finance reduces appropriations   pursuant to subdivision (a) of   Section 3.62. If this provision   is operative on December 15,   related fees and the use of any   transferred funds. It is the   2012, it is the  intent of the  Legislature that   Legislature that the authority   the transfer authority is one-   is one-  time in nature and    effective   effective  only for the 2012-13    fiscal   year.   fiscal year.   SEC. 20.   Item 6870-296-0001 of Section 2.00 of the   Budget Act of 2012   is amended to read: 6870-296-0001--For local assistance,    Board   Department of Education (Proposition 98),   of Governors of the California Community   Colleges,  for transfer to Section B of the  State  S  tate S  chool Fund, Program 98-Community  College    33,338,00  College  Mandated Programs Block Grant........  ........  0 Provisions: 1. Pursuant to Section 17581.7 of the Government Code, the funds appropriated in this item shall be distributed to community college districts that elect to participate in the block grant on the basis of funded full- time equivalent students (FTES) calculated as of the second principal apportionment for the previous fiscal year. For the 2012-13 fiscal year, the Chancellor of the California Community Colleges shall apportion block grant funding in the amount of $28 per FTES. 2. If total funding provided in this item is insufficient to fully fund the rate specified in Provision 1, the Chancellor of the California Community Colleges shall proportionately reduce the rate to conform to available funding.  SEC. 21.   Item 8660-001-0462 of Section 2.00 of the   Budget Act of 2012   is amended to read:  8660-001-0462--For support of Public Utilities Commission, payable from the Public Utilities Commission Utilities Reimbursement Account...................... 84,697,788 Schedule: (1) 10-Regulation of Utilities...........  178,085,683   176,469,788  (2) 15-Universal Service Telephone Programs............  649,409,000  537,412,000  (3) 20-Regulation of Transportation......  21,161,317   22,777,212  (4) 30.01- Administration...... 30,518,095 (5) 30.02-Distributed Administration...... -30,518,095 (6) Reimbursements...... -59,044,000 (6.5) Reimbursement to the Division of Ratepayer Advocates. -4,035,000 (7) Amount payable from the State Highway Account, State Transportation Fund (Item 8660-001- 0042)............... -3,775,000 (8) Amount payable from the Public Transportation Account, State Transportation Fund (Item 8660-001- 0046)............... -5,006,000 (9) Amount payable from the Transportation Rate Fund (Item 8660-001-0412)...... -2,703,000 (10) Amount payable from the Public Utilities Commission Transportation Reimbursement Account (Item 8660- 001-0461)........... -11,293,212 (11) Amount payable from the California High- Cost Fund-A Administrative Committee Fund (Item 8660-001- 0464)............... -49,773,000 (12) Amount payable from the California High- Cost Fund-B Administrative Committee Fund (Item 8660-001- 0470)............... -36,333,000 (13) Amount payable from the Universal Lifeline Telephone Service Trust Administrative Committee Fund (Item 8660-001- 0471)...............  -354,985,000     -280,000,000  (14) Amount payable from the Deaf and Disabled Telecommunications Program Administrative Committee Fund (Item 8660-001- 0483)...............  -76,012,000    -54,000,000  (15) Amount payable from the Payphone Service Providers Committee Fund (Item 8660-001- 0491)............... -72,000 (16) Amount payable from the California Teleconnect Fund Administrative Committee Fund (Item 8660-001- 0493)...............  -92,234,000    -77,234,000  (17) Amount payable from the Federal Trust Fund (Item 8660-001- 0890)............... -5,193,000 (18) Amount payable from the Public Utilities Commission Ratepayer Advocate Account (Item 8660- 001-3089)........... -23,500,000 (19) Amount payable from the California Advanced Services Fund (Item 8660-001- 3141)............... -40,000,000 Provisions: 1. The Public Utilities Commission shall require any public utility requesting a merger to reimburse the commission for those necessary expenses that the commission incurs in its consideration of the proposed merger.  SEC. 22.   Item 8660-001-0471 of Section 2.00 of the   Budget Act of 2012   is amended to read:  8660-001-0471--For support of Public Utilities Commission, for payment to Item 8660-001-0462, payable from the Universal Lifeline Telephone Service Trust Administrative Committee Fund..............  354,985,000   280,000,000  Provisions: 1. Of the amount appropriated in this item, up to $1,906,000 shall be used by the Public Utilities Commission to fund administrative and staffing costs for the Universal Lifeline Telephone Service Trust Administrative Committee Program.  SEC. 23.   Item 8660-001-0483 of Section 2.00 of the   Budget Act of 2012   is amended to read:  8660-001-0483--For support of Public Utilities Commission, for payment to Item 8660-001-0462, payable from the Deaf and Disabled Telecommunications Program Administrative Committee Fund..............  76,012,000   54,000,000  Provisions: 1. Of the amount appropriated in this item, up to $444,000 shall be used by the Public Utilities Commission to fund administrative and staffing costs for the Deaf and Disabled Telecommunications Administrative Committee Program.  SEC. 24.   Item 8660-001-0493 of Section 2.00 of the   Budget Act of 2012   is amended to read:  8660-001-0493--For support of Public Utilities Commission, for payment to Item 8660-001-0462, payable from the California Teleconnect Fund Administrative Committee Fund.......................................  92,234,000   77,234,000  Provisions: 1. Of the amount appropriated in this item, up to $52,000 shall be used by the Public Utilities Commission to fund administrative and staffing costs for the California Teleconnect Fund Administrative Committee Program. 2. Notwithstanding any other provision of law, upon request of the Public Utilities Commission, the Department of Finance may augment the amount available for expenditure in this item to pay claims made to the California Teleconnect Fund Administrative Committee Fund Program. The augmentation may be made no sooner than 30 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee. The amount of funds augmented pursuant to the authority of this provision shall be consistent with the amount approved by the Department of Finance based on its review of the amount of claims received by the Public Utilities Commission from telecommunications carriers.  SEC. 25.   Item 8860-119-0001 is added to Section 2.00 of the   Budget Act of 2012   , to read:     8860-119-0001--For local assistance,   Department of Finance, funding to counties .... 5,000,000   Provisions:   1. Upon approval by the Director of   Finance, the funds appropriated in   this item may be apportioned to the   counties by the Controller, consistent   with the requirements of Provision 2,   in an aggregate amount not to exceed   $5,000,000 for the allowable   reimbursable costs associated with the   November 6, 2012, statewide general   election.   2. Each request for reimbursement   pursuant to this item shall be made to   the Director of Finance and shall   include a report, signed and certified  as true and accurate by the county   clerk or county registrar of voters,   that identifies the county's total   costs for printing revised election   materials, after its current supply   runs out, pursuant to Assembly Bill   1466 or Senate Bill 1017 of the 2011-   12 Regular Session. Payments made to   counties pursuant to this item shall   be made by the Controller upon   approval by the Director of Finance.     SEC. 26.   Item 9350-101-8066 is added to Section 2.00 of the   Budget Act of 2012   , to read:     9350-101-8066--For allocation by the   Controller from the California Police   Activities League (CALPAL) Fund .............. 123,000   Provisions:   1. The funds appropriated in this item   are to be allocated as follows:   (a) To the California Police   Activities League to fund   programs and services as   authorized in connection with   duties under Article 14.5   (commencing with Section 18856)   of Chapter 3 of Part 10.2 of   Division 2 of the Revenue and   Taxation Code.     SEC. 27.   Section 3.90 of the   Budget Act of 2012   is amended to read:  SEC. 3.90. (a) Notwithstanding any other provision of law, each item of appropriation, with the exception of those items for the California State University, the University of California, Hastings College of the Law, the Legislature, the Legislative Counsel Bureau, the Bureau of State Audits, and the Judicial Branch, shall be reduced, as appropriate, to reflect reductions in employee compensation in the total amounts of $401,716,000 from General Fund items and $437,413,000 from items relating to other funds. These reductions shall be achieved through any combination of the following: (1) memoranda of understanding reached pursuant to Section 3517.5 of the Government Code, (2) furloughs, and (3) other reductions for nonrepresented employees achieved with existing administration and statutory authority. The Director of Finance shall allocate the necessary reductions to each item of appropriation (Budget Act and non-Budget Act) to accomplish the employee compensation reductions required by this section. (b) Notwithstanding any other provision of law, by inclusion of this section the Legislature hereby ratifies the addenda reached between June 7, 2012, and June  25   30  , 2012, for the following state bargaining units: State Bargaining Units 1,  2,  3, 4, 5, 6,  7,  8,  10,  11, 12, 14, 15, 16, 17, 18, 19, 20, and 21. These addenda reflect negotiated changes to existing provisions of their current memoranda of understanding or extend the current memoranda of understanding with these state bargaining units, or both. The estimated savings associated with these addenda are included in this section.  (c) Any other addenda with a state bargaining unit agreed to by July 1, 2012, and submitted to the Joint Legislative Budget Committee and ratified by August 31, 2012, shall also be deemed effective July 1, 2012, for purposes of this section.   (d)   (c)  Employees represented by bargaining units with ratified addenda pursuant to subdivision (b)  or (c) shall not be subject to furloughs pursuant to subdivision (a) of this section or subdivision (b) of Section 19849 of the Government Code.  SEC. 28.   Sections 9 to 12, inclusive, of this act shall become operative only if revenues, net of refunds, derived from an imposition of a tax that is effective on and after July 1, 2012, and before July 1, 2013, on Medi-Cal managed care plans are deposited into the Children's Health and Human Services Special Fund.   SEC. 29.   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.  SECTION 1.   Section 12975.9 of the Insurance Code is amended to read: 12975.9. (a) The Seismic Safety Account is hereby created as a special account within the Insurance Fund. Money in the account may be appropriated by the Legislature for the purposes of this section to fund the department and the Seismic Safety Commission. The department shall calculate an annual assessment to be charged to each commercial and residential property exposure. The assessment shall be set annually based on the number of property exposures from both commercial and residential insurance policies, the amount required for the support of the Seismic Safety Commission, the actual collection and administrative costs of the department, and for the maintenance of an adequate reserve. The annual assessment shall not exceed fifteen cents ($0.15) per property exposure. (b) An insurer shall recover this assessment from the insured unless the insurer elects to pay the assessment on the insured's behalf. The insurer shall transmit payment to the department for deposit in the Seismic Safety Account. Any deficiency or excess in the amount collected in relation to the appropriation authority for the commission and the department shall be accounted for in the subsequent annual fee calculation. Any balance remaining in the Seismic Safety Account at the end of the fiscal year shall be retained in the account and carried forward to the next fiscal year. (c) Funds in the Seismic Safety Account shall be distributed, upon appropriation, to the Seismic Safety Commission for the support of the commission and to the department for the actual administrative costs incurred in collecting the assessments. (d) The department shall report annually to the Legislature, the Seismic Safety Commission, and the Department of Finance on the assessment calculation methodology employed.   SEC. 2.   This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to continue to provide programs for seismic safety and to provide guidance for earthquake preparedness at the earliest possible time, it is necessary that this bill take effect immediately.