California Senate Bill SB68 Amended / Bill

 BILL NUMBER: SB 68AMENDED BILL TEXT AMENDED IN SENATE MAY 7, 2013 INTRODUCED BY Committee on Budget and Fiscal Review (Senators Leno (Chair), Anderson, Beall, Berryhill, Block, DeSaulnier, Emmerson, Hancock, Hill, Jackson, Monning, Price, Roth, Wright, and Wyland) JANUARY 10, 2013 An act  relating to the Budget Act of 2013   to amend the Budget Act of 2012 (Chapters 21 and 29 of the Statutes of 2012) by amending Items 4140-001-3085, 4140-101-3085, 4140-490, 4300-003-0001, 4300-101-0001, and 5180-111-0001 of, and by adding Item 0250-491 to, Section 2.00 of, and by amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill  . LEGISLATIVE COUNSEL'S DIGEST SB 68, as amended, Committee on Budget and Fiscal Review. Budget Act of  2013   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 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.   This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.  Vote: majority. Appropriation:  no   yes  . Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Item 0250-491 is added to Section 2.00 of the   Budget Act of 2012   , to read:   0250-491--Reappropriation, Capital Outlay, Judicial   Branch. The appropriation provided in the following   citation is reappropriated for the purpose of acquiring   equity or other real property interests in the New East   County Courthouse in the County of Alameda and is   subject to the limitations, unless otherwise specified,   provided for in the appropriation:   3138--Immediate and Critical Needs Account   (1) Item 0250-301-3138, Budget Act of  2010 (Ch. 712, Statutes of 2010)   (1) 91.01.001 - Alameda County: New   East County Courthouse-   -Construction.   Provisions:   1. The Judicial Branch may enter into a   lease-purchase agreement with the   County of Alameda for the New East   County Courthouse project that will   provide lease payments to the county   subject to approval by the Director   of Finance. At least 30 days prior to   entering into any agreement, the   Judicial Council shall notify the   chairpersons of the committees in   each house of the Legislature that   consider appropriations and the Joint   Legislative Budget Committee of the   terms and conditions of the   agreement. If the Joint Legislative   Budget Committee does not express any   opposition, the Judicial Council may   proceed with the agreement after 30   days from when the Judicial Branch   gave notice to the chairpersons.   SEC. 2.   Item 4140-001-3085 of Section 2.00 of the   Budget Act of 2012   is amended to read:  4140-001-3085--For support of Office of Statewide Health Planning and Development, for payment to Item 4140-001-0121, payable 10,924,00 from the Mental Health Services Fund......... 0  Provisions:   1. Notwithstanding subdivision (a)   of Section 1.80 or any other   provision of law, the funds   appropriated in this item for   the purposes provided for in   Sections 5820, 5821, and 5822   of the Welfare and Institutions   Code shall be available for   expenditure and encumbrance   until June 30, 2018.   SEC. 3.   Item 4140-101-3085 of Section 2.00 of the   Budget Act of 2012   is amended to read:  4140-101-3085--For local assistance, Office of Statewide Health Planning and Development, for payment to Item 4140-101- 0001, payable from the Mental Health Services Fund.............................. 27,650,000 Provisions: 1. Notwithstanding subdivision (a) of Section 1.80 or any other provision of law, the funds appropriated in this  item in support of the Mental   Health Services Act shall be   available for expenditure and   encumbrance until June 30,   item for contracts with   2018.   accredited physician assistant   programs, as well as contracts   with hospitals or other health   care delivery systems located   in California, in support of   the Mental Health Services Act   that meet the standards of the   California Healthcare   Workforce Policy Commission,   established pursuant to   Article 1 (commencing with   Section 128200) of Chapter 4   of Part 3 of Division 107 of   the Health and Safety Code,   shall continue to be available   for the 2013-14, 2014-15, and   2015-16 fiscal years.  2. The funds appropriated in this item are for the purposes of the workforce, education, and training (WET) programs established pursuant to Sections 5820, 5821, and 5822 of the Welfare and Institutions Code. It is the intent of the Legislature that a total of $6,000,000 in WET funds be appropriated for purposes of Sections 5820, 5821, and 5822 of the Welfare and Institutions Code in a manner subject to the requirements set forth in subdivisions (a) and (e) of Section 5820 of, and subdivision (a) of Section 5848 of, the Welfare and Institutions Code. It is further the intent of the Legislature that $9,000,000 be appropriated for implementation of the Regional Partnerships component of the WET programs in equal amounts over a three-year period beginning in the 2014-15 fiscal year. The funds appropriated in this item are available for expenditure without regard to fiscal year.  SEC. 4.   Item 4140-490 of Section 2.00 of the   Budget Act of 2012   is amended to read:  4140-490--Reappropriation, Office of Statewide Health Planning and Development. The balances of the appropriations provided in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 201  3   8  : 3085--Mental Health Services Fund (1) Item 4140-001-3085, Budget Act of 2011 (Ch. 33, Stats. 2011)  (2) Item 4140-001-3085, Budget Act of 2009   (Ch. 1, 2009-10 3rd Ex. Sess., as   revised by Ch. 1, 2009-10 4th Ex.   Sess.), as reappropriated by Item 4140-   490, Budget Act of 2010 (Ch. 712,   Stats. 2010)   (3) Item 4140-001-3085, Budget Act of 2010   (Ch. 712, Stats. 2010), as  reappropriated by Item 4140-490,   Budget Act of 2011 (Ch. 33, Stats.   2011)  0890--Federal Trust Fund (1) Item 4140-001-0890, Budget Act of 2011 (Ch. 33, Stats. 2011) (2) Item 4140-101-0890, Budget Act of 2011 (Ch. 33, Stats. 2011)  SEC. 5.   Item 4300-003-0001 of Section 2.00 of the   Budget Act of 2012   is amended to read:  4300-003-0001--For support of Department of Developmental Services, for Developmental Centers.....................  272,603,000   279,980,000  Schedule: (1) 20-Developmental Centers Program..... 534,015,000 (2) Reimbursements......  -260,908,000     -253,531,000  (3) Amount payable from the Federal Trust Fund (Item 4300-003- 0890)............... -504,000 Provisions: 1. A loan shall be available from the General Fund to the State Department of Developmental Services not to exceed a cumulative total of $77,000,000. The loan funds will be transferred to this item as needed to meet cashflow needs due to delays in collecting reimbursements from the Health Care Deposit Fund and are subject to the repayment provisions of Section 16351 of the Government Code. 2. Upon order of the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Item 4300-001-0001 in order to appropriately align General Fund and Medi-Cal reimbursements from the State Department of Health Care Services with budgeted activities. Within 10 working days after approval of a transfer as authorized by this provision, the Department of Finance shall notify the chairpersons of the fiscal committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee of the transfer, including the amount transferred, how the amount was determined, and how the amount will be utilized. 3. Upon order of the Department of Finance, the Controller shall transfer such funds as are necessary between this item and Item 4300-101-0001. Within 10 working days after approval of a transfer as authorized by this provision, the Department of Finance shall notify the chairpersons of the fiscal committees in each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee of the transfer, including the amount transferred, how the amount transferred was determined, and how the amount transferred will be utilized. 4. The State Department of Developmental Services (DDS) shall notify the chairperson of each fiscal committee and policy committee of each house of the Legislature of specific outcomes resulting from citations and the results of annual surveys conducted by the State Department of Public Health, as well as findings of any other governmental agency authorized to conduct investigations or surveys of state developmental centers. The DDS shall forward the notifications, including a copy of the specific findings, to the chairpersons of the committees within 10 working days of its receipt of these findings. The DDS also shall forward these findings, within three working days of submission, to the appropriate investigating agency. In addition, the DDS shall provide notification to the chairpersons of the committees, within three working days, of its receipt of information concerning any investigation initiated by the United States Department of Justice and the private nonprofit corporation designated by the Governor pursuant to Division 4.7 (commencing with Section 4900) of the Welfare and Institutions Code or concerning any findings or recommendations resulting from any of these investigations.  SEC. 6.   Item 4300-101-0001 of Section 2.00 of the   Budget Act of 2012   is amended to read:  4300-101-0001--For local assistance, Department of Developmental Services, for Regional Centers.....................  2,314,327,000   2,339,327,000  Schedule: (1) 10.10.010- Operations.......... 532,942,000 (2) 10.10.020-Purchase 3,588,836,00 of Services......... 0 (3) 10.10.060-Early Intervention Program............. 20,381,000 (4) 10.10.080- Prevention Program.. 2,003,000 (6) Reimbursements......  -1,768,156,0     -1,743,156,0  00 (7) Amount payable from the Developmental Disabilities Program Development Fund (Item 4300-101- 0172)............... -9,523,000 (8) Amount payable from the Federal Trust Fund (Item 4300-101- 0890)............... -52,006,000 (9) Amount payable from the Developmental Disabilities Services Account (Item 4300-101- 0496)............... -150,000 Provisions: 1. Upon order of the Director of Finance, the Controller shall transfer such funds as are necessary between this item and Item 4300-003-0001. Within 10 working days after approval of a transfer as authorized by this provision, the Department of Finance shall notify the chairpersons of the fiscal committees in each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee of the transfer, including the amount transferred, how the amount transferred was determined, and how the amount transferred will be utilized. 2. A loan shall be made available from the General Fund to the State Department of Developmental Services not to exceed a cumulative total of $210,000,000. The loan funds shall be transferred to this item as needed to meet cashflow needs due to delays in collecting reimbursements from the Health Care Deposit Fund and are subject to the repayment provisions of Section 16351 of the Government Code. 3. Upon order of the Director of Finance, the Controller shall transfer funds as are necessary between this item and Item 5160- 001-0001 to provide for the transportation costs to and from work activity programs of clients who are receiving vocational rehabilitation services through the Vocational Rehabilitation/Work Activity Program (VR/WAP). 4. $1,826,000 of the funds appropriated in this item may be used to augment service provider rates for the work needed to obtain information to secure federal participation under the Home and Community- Based Services Waiver program. Eligible providers are those service providers who are qualified providers under Title XIX of the Social Security Act, are not currently providing the required information, and are serving individuals enrolled under the Home and Community- Based Services Waiver program. 5. Notwithstanding Section 26.00, the Department of Finance may authorize transfer of expenditure authority between Schedules (1) and (2) in order to more accurately reflect expenditures in the Early Intervention Program (Part C of the Individuals with Disabilities Education Act). 6. It is the intent of the Legislature for the State Department of Health Care Services and the State Department of Developmental Services to collaboratively work with stakeholders, including providers and diverse constituency groups as deemed appropriate, regarding the bundling of rates for the reimbursement of intermediate care facilities for the developmentally disabled, including habilitative and nursing facilities. It is the intent of the Legislature that any changes made by the state shall be seamless to the providers of services affected by the changes, as well as to the consumers and their families that are provided services through the Regional Center system. The integrity of the individual program plan process described in the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) shall be maintained throughout this process and shall not be affected by any changes made to implement the bundled rates. 7. Notwithstanding Section 26.00, the Department of Finance may authorize transfer of expenditure authority from Schedule (4) 10.10.080- Prevention Program to Schedule (2) 10.10.020-Purchase of Services to more accurately reflect expenditures in the Prevention and Early Start Programs.  SEC. 7.   Item 5180-111-0001 of Section 2.00 of the   Budget Act of 2012   is amended to read:  5180-111-0001--For local assistance, Department of Social Services............  4,438,530,000   4,439,035,000  Schedule: (1) 16.70-SSI/SSP....... 2,770,100,00 0 (2) 25.15-IHSS..........  6,234,906,00     6,235,916,00  0 (3) Reimbursements......  -4,566,476,0   -4,566,981,0  00 Provisions: 1. Provisions 1 and 4 of Item 5180- 101-0001 also apply to this item. 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 $364,000,000 shall be made available from the General Fund from funds not otherwise appropriated, to cover the federal share or reimbursable share, or both, of costs of a program or programs when the federal funds or reimbursements (from the Health Care Deposit Fund or counties) have not been received by this state prior to the usual time for transmitting payments for the federal or reimbursable share of costs for this state. That loan from the General Fund shall be repaid when the federal share of costs for the program or programs becomes available, or in the case of reimbursements, subject to Section 16351 of the Government Code. County reimbursements also shall be subject to Section 16314 of the Government Code, which specifies the rate of interest. The State Department of Social Services may offset a county's share of cost of the In- Home Supportive Services (IHSS) program against local assistance payments made to the county if the county fails to reimburse its share of cost of the IHSS program to the state. 3. The State Department of Social Services shall provide technical assistance to counties to ensure that they maximize the receipt of federal funds for the IHSS program, without compromising the quality of the services provided to IHSS recipients. 4. The Director of Finance may authorize the transfer of amounts from this item to Item 5180-001-0001 in order to fund increased costs due to workload associated with the retroactive reimbursement of Medi-Cal services for the IHSS program to comply with Conlan v. Shewry (2005) 131 Cal.App.4th 1354. The Department of Finance shall report to the Legislature the amount to be transferred pursuant to this provision and the number of positions to be established by the State Department of Social Services. The transfer shall be authorized at the time the report is made. The State Department of Social Services shall review the workload associated with the Conlan v. Shewry decision during the 2012-13 fiscal year and may administratively establish positions as the workload requires. 5. The Director of Finance may authorize the transfer of amounts from this item to Item 5180-001-0001 in order to fund the cost of the administrative hearing process associated with changes in aid or service payments in the IHSS program. 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. 8.   Section 39.00 of the   Budget Act of 2012   is amended to read:  SEC. 39.00. The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 1465, AB 1466, AB 1467, AB 1468, AB 1469, AB 1470, AB 1471, AB 1472, AB 1473, AB 1474, AB 1475, AB 1476, AB 1477, AB 1478, AB 1479, AB 1480, AB 1481,  AB1482,   AB 1482,  AB 1483, AB 1484, AB 1485, AB 1486, AB 1487, AB 1488, AB 1489, AB 1490, AB 1491, AB 1492, AB 1493, AB 1494, AB 1495, AB 1496, AB 1497, AB 1498, AB 1499, AB 1502, AB 1503, SB 1005, SB 1006, SB 1007, SB 1008, SB 1009, SB 1010, SB 1011, SB 1012, SB 1013, SB 1014, SB 1015, SB 1016, SB 1017, SB 1018, SB 1019, SB 1020, SB 1021, SB 1022, SB 1023, SB 1024, SB 1025, SB 1026, SB 1027, SB 1028, SB 1029, SB 1030, SB 1031, SB 1032, SB 1033, SB 1034, SB 1035, SB 1036, SB 1037, SB 1038, SB 1039, SB 1040, SB 1041, SB 1042, and SB 1043  of the 2011-12 Regular Session, and AB 112 and SB 67 of the 2013-14 Regular Session  .  SEC. 9.   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.   It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.