The Bergeson-Peace Infrastructure and Economic Development Bank Act establishes in the Business, Transportation and Housing Agency the California Infrastructure and Economic Development Bank for the purpose of funding specified types of infrastructure development projects. This bill would instead establish the California Infrastructure and Economic Development Bank within the Governor's Office of Business and Economic Development.
Existing law requires a lender to file a notice of default in the case of nonjudicial foreclosure prior to enforcing a power of sale as a result of a default on an obligation secured by real property, as specified. Existing law also requires that a notice of sale be given before the power of sale may be exercised. Existing law requires the notice of sale to contain specified information regarding the property and the sale, and to be recorded with the county recorder, as specified. As of April 1, 2012, existing law also requires that the notice of sale contain language notifying potential bidders of specified risks involved in bidding on property at a trustee's sale, and a notice to the property owner informing the owner about how to obtain information regarding any postponement of the sale. This bill would prohibit a mortgagee, trustee, beneficiary, or authorized agent from recording a notice of sale pursuant to the above provisions after providing written approval of a short sale, as defined. The bill would also authorize a mortgagee, beneficiary, or authorized agent to withdraw an approval of a short sale if the mortgagor or trustor fails to comply with a condition of the written short sale agreement. The bill would also require a written notice to be provided to a mortgagor or trustor not less than 3 days following the written withdrawal of approval that includes the reason or reasons for the withdrawal. The bill would also provide that the prohibition against recording a notice of sale would not apply after written withdrawal of a short sale approval is provided to a mortgagor or trustor, unless subsequent approval of a short sale is provided.
Existing law provides for the licensure and regulation of mortgage loan originators under the Real Estate Law, the California Finance Lenders Law, and the California Residential Mortgage Lending Act. Existing law defines a mortgage loan originator to mean an individual who takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan for compensation or gain, as specified. This bill would specify that a mortgage loan originator means an individual who performs those acts habitually or repeatedly and would also specify that a mortgage loan originator does not include an individual who takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan for no more than 5 residential mortgage loans in a calendar year where the loans are made in connection with the sale of residential property and the loan proceeds are from the seller's own funds.
(1) Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations, as defined. Decisions of the PUC adopted the California Solar Initiative. Existing law requires the PUC to undertake certain steps in implementing the California Solar Initiative. Existing law requires the governing body of a local publicly owned electric utility that sells electricity at retail to adopt, implement, and finance a solar initiative program for the purpose of investing in, and encouraging the increased installation of, residential and commercial solar energy systems. This bill would move the above-described requirements for local publicly owned electric utilities from an area of the Public Utilities Code pertaining to electrical restructuring, to the area of the code pertaining to the implementation of the California Solar Initiative. (2) Existing law requires a local publicly owned electric utility that sells electricity at retail to 75,000 or more customers to adopt and implement a tariff for electricity purchased from an electric generation facility meeting certain size, deliverability, and interconnection requirements and to consider certain factors. Existing law requires the local publicly owned electric utility to make the tariff available to owners and operators of an electric generation facility within the service territory of the utility, upon request, on a first-come-first-served basis, until the utility meets its proportionate share of a statewide cap of 750 megawatts cumulative rated generation capacity served under the feed-in tariffs adopted pursuant to the above-described requirements. Existing law provides that the electricity purchased from an electric generation facility counts toward meeting the local publicly owned electric utility's renewables portfolio standard annual procurement targets. This bill would move this requirement to that portion of the Public Utilities Code concerning the California Renewables Portfolio Standard Program. The bill would make other technical and nonsubstantive changes. (3) The bill would make other conforming and corrective changes.
(1) Existing law authorizes the state to issue a withholding order for taxes to collect a state tax liability, including any penalties, accrued interest, and costs, in accordance with certain procedures. Existing law defines "state tax liability" to mean an amount for which the state has a state tax lien created pursuant to specified provisions. This bill would expand the definition of "state tax liability" to also include any liability under the Personal Income Tax Law, the Corporation Tax Law, or specified franchise and income tax provisions that is due and payable and that is unpaid, as specified. (2) Existing law imposes various duties on the Franchise Tax Board with respect to the imposition of penalties in connection with tax avoidance, and partially conforms to federal income tax laws with respect to the penalties imposed. This bill, in modified conformity with federal income tax laws, would impose a penalty for an erroneous claim for refund or credit, as specified. (3) Existing laws require the Franchise Tax Board to administer specified taxes and collect those taxes from delinquent tax debtors and requires the Franchise Tax Board, in coordination with financial institutions doing business in this state, to operate a Financial Institution Record Match System utilizing automated data exchanges to the maximum extent feasible in order to allow the Franchise Tax Board to match its list of delinquent tax debtors, as defined, with the lists provided by the financial institutions. Existing law authorizes the Franchise Tax Board to disclose specified taxpayer information for purposes of data matching, and provides that the specified use of certain data is a misdemeanor. This bill would expand the definition of delinquent tax debtor to include a person liable for specified taxes, fees, surcharges, debts, penalties, interest, or other amounts required to be paid to the State Board of Equalization or paid or referred to the Employment Development Department, as provided. This bill would authorize the State Board of Equalization and the Employment Development Department to provide the Franchise Tax Board with information relating to delinquent tax debtors, would allow that information to be used in the collection of delinquent amounts under the Financial Institution Record Match System (FIRM) , and would require the State Board of Equalization and the Employment Development Department to reimburse the Franchise Tax Board for its costs in the implementation and administration of FIRM. By expanding the definition of an existing crime, this bill would impose a state-mandated local program. (4) Existing law has enacted the Multistate Tax Compact, which contains provisions regarding state tax laws, forms the Multistate Tax Commission, and requires the budget of the Multistate Tax Commission to be funded by party states. Existing law provides that, notwithstanding the provisions of the Multistate Tax Compact, including a provision that would allow a taxpayer to apportion its business income in accordance with a specified 3-factor formula, business income derived from or attributable to sources both within and without this state shall be apportioned between this state and other states and foreign countries in accordance with a specified 4-factor formula based on the property, payroll, and sales within and without this state, except that in the case of an apportioning trade or business that derives more than 50% of its gross business receipts from conducting one or more qualified business activities, as defined, business income is apportioned in accordance with a specified 3-factor formula. That law, for taxable years beginning on or after January 1, 2011, allows a taxpayer to apportion its income in accordance with a single sales factor formula, except as provided, pursuant to an irrevocable annual election, as specified. This bill would repeal all provisions related to the Multistate Tax Compact. This bill would find and declare that the doctrine of election provides that an election affecting the computation of tax must be made on an original timely filed return for the taxable period for which the election is to apply and once made is binding, and that the doctrine of election applies to any election that affects the computation of tax, as specified, which does not constitute a change in, but is declaratory of, existing law. This bill would also provide that the repeal of the Multistate Tax Compact in this bill shall not be construed to create any inference that a change in interpretation with respect to the compact or any reference to the compact prior to its repeal is implied by that repeal. (5) This bill would appropriate $1,000 from the General Fund to the Franchise Tax Board for administrative costs. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law requires a court to order a person, who is at least 18 years of age and who is convicted of a first violation of a driving-under-the-influence (DUI) offense, as specified, to attend a DUI program, including specified alcohol or drug education and counseling services, and provides for the licensing of those programs by the State Department of Alcohol and Drug Programs. This bill would prohibit any DUI program activities from (1) being conducted through a program that is not so licensed and (2) being completed through an online, distant learning, or remote learning method. The bill would further prohibit any credit from being given for any DUI program activities completed through an unlicensed program or through an online, distant learning, or remote learning method.
Existing law establishes the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation and provides the division with the authority to regulate oil and gas wells and production facilities. Existing law defines "well" to mean, among other things, a well drilled for the purpose of disposing of waste fluids from an oil or gas field. Existing law requires a person engaging in the operation of a class II commercial wastewater disposal well to file an indemnity bond with the State Oil and Gas Supervisor. This bill would revise this definition of "well" to mean a well used for the purposes of disposing of waste fluids brought to the surface in connection with conventional oil or gas production and may be commingled with wastewater from gas plants that are an integral part of production operations, unless those wastewaters are classified as hazardous waste at the time of injection. Existing law requires an operator of a well to file with the supervisor a report containing, among other things, information on the disposition of the water produced from an oil or gas field, the amount of fluid injected into a well used for enhanced recovery, and wastewater disposal. This bill would require a person engaging in the operation of a class II commercial waste fluid disposal well to file with the supervisor an indemnity bond. The bill would require an operator of a well to file with the supervisor a report containing information on the disposal of fluid and the composition of fluid in an oil or gas field, and additionally require the report to include the composition of fluid injected into a well.
Under existing law, the State Department of Alcohol and Drug Programs is responsible for administering prevention, treatment, and recovery services for alcohol and drug abuse and problem gambling. Existing law requires the department to issue allocations of state and federal funds available to counties to provide alcohol and other drug programs. Existing law also requires counties that utilize these funds to adopt and submit to the department a county plan and negotiated net amount contract for department review and approval or disapproval, as specified. This bill would, among other things, provide that, effective July 1, 2013, the administrative and programmatic functions that were previously performed by the department are transferred to departments within the California Health and Human Services Agency. It would also provide that the ultimate placement of these functions is contingent upon the Budget Act of 2013 and implementing legislation. The bill would, operative July 1, 2012, delete the county plan and negotiated net amount contract requirements and instead require counties that apply for funds to submit to the department a contract for federal funding from the state to provide alcohol and other drug prevention, treatment, and recovery services. It would declare that the state has an interest in a specified women and children's residential treatment services program, funded by federal grants, and state the Legislature's intent for the department to work with counties under the 2011 realignment to develop reporting requirements. The bill would generally remove references to state involvement and funding in reference to alcohol and drug abuse prevention, treatment, and recovery services in a county. The bill would authorize counties to establish drug courts subject to certain requirements and state oversight. This bill would also revise provisions pertaining to apportionment of penalties among counties. Existing law provides for the Medi-Cal Drug Treatment Program (Drug Medi-Cal) , under which counties enter into contracts with a department within the California Health and Human Services Agency for the provision of various drug treatment services to Medi-Cal recipients, or the department directly arranges for the provision of these services if a county elects not to do so. Existing law requires, commencing July 1, 2012, that the administrative functions of the Drug Medi-Cal Program performed by the State Department of Alcohol and Drug Programs be transferred to the State Department of Health Care Services in accordance with an administrative and programmatic transition plan. This bill would, operative July 1, 2012, make various changes to the statutory provisions regulating the Drug Medi-Cal program to conform these provisions to the above-described transfer requirement. This bill would appropriate $1,000 from the General Fund to the State Department of Health Care Services. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law, the Public Safety and Offender Rehabilitation Services Act of 2007, authorizes certain revenue bond construction of prison facilities. Under phase I of the act, the Department of Corrections and Rehabilitation is authorized to design, construct, or renovate housing units, support buildings, and programming space in order to add up to 12,000 beds at facilities under its jurisdiction. The department is also authorized to acquire land, design, construct, and renovate reentry program facilities to provide housing for up to 6,000 inmates, as specified, and to design and construct new, or renovate existing, buildings and any necessary ancillary improvements, at facilities under the jurisdiction of the department to provide medical, dental, and mental health treatment or housing for up to 6,000 inmates. The provisions of phase I of the act authorize the State Public Works Board to issue revenue bonds, negotiable notes, or negotiable bond anticipation notes to finance the acquisition, design, and construction pursuant to those provisions, and provides that the authorized costs for the acquisition, design, and construction shall not exceed $1,800,000,000, $975,000,000, and $857,100,000, respectively, for the costs of the projects specified above. The provisions of phase I also authorize the board to borrow funds for project costs, including acquisition, design, construction, and construction-related costs, from the Pooled Money Investment Account, as specified. This bill would instead authorize the department to design and construct new, or renovate existing, housing units, support buildings, programming space, and any necessary ancillary improvements in order to add capacity at facilities and to provide medical, dental, and mental health treatment or housing to inmates, and would specify the facilities and projects for which funds may be used. The bill would revise the maximum amount of costs authorized for the design and construction of the projects specified above. The bill would delete the provisions authorizing the department to acquire land, design, construct, and renovate reentry program facilities. Existing law appropriates $300,000,000 from the General Fund for capital outlay to be allocated to renovate, improve, or expand infrastructure capacity at existing prison facilities. Existing law authorizes the funds to be used for specified other purposes, including for study and acquisition of options to purchase real property for reentry facilities, as specified. This bill would eliminate the authorization to use the funds for study and acquisition of options to purchase real property for reentry facilities and would authorize the funds to be used for the design and construction of improvements to medication distribution facilities at state prison facilities. The bill would also revise various reporting and accounting requirements with respect to the funds. Under phase II of the act, the department is required to complete site assessments at facilities where it intends to construct or renovate additional housing units, support buildings, and programming space in order to add up to 4,000 beds at facilities under its jurisdiction. Those provisions authorize the department to design and construct new, or renovate existing, buildings and any necessary ancillary improvements at facilities to provide medical, dental, and mental health treatment or housing for up to 2,000 inmates, and to acquire land, design, construct, and renovate reentry program facilities throughout the state that will house up to 10,000 inmates. Phase II of the act authorizes the State Public Works Board to issue revenue bonds, negotiable notes, or negotiable bond anticipation notes to finance those projects. This bill would repeal phase II of the act. Existing law authorizes the Department of Corrections and Rehabilitation, participating counties, and the State Public Works Board to acquire, design, and construct local jail facilities approved by the Corrections Standards Authority. Existing law authorizes the State Public Works Board to issue revenue bonds, notes, or bond anticipation notes in the amounts of $617,119,000 and $602,881,000 to finance the acquisition, design, and construction, and a reasonable construction reserve, of approved local jail facilities, as specified. The funds derived from those revenue bonds, notes, or bond anticipation notes are continuously appropriated for the purposes described above. This bill would decrease the authorization for revenue bonds, notes, or bond anticipation notes from $617,119,000 to $445,771,000 and increase the authorization of $602,881,000 to $774,229,000. By increasing moneys deposited into a continuously appropriated fund, this bill would make an appropriation. The bill would authorize the Board of State and Community Corrections, the State Public Works Board, and a participating county, as defined, to acquire, design, and construct an adult local criminal justice facility approved by the Board of State and Community Corrections, or to acquire a site or sites owned by, or subject to a lease option to purchase held by, a participating county. The bill would authorize the State Public Works Board to issue up to $500,000,000 in revenue bonds, notes, or bond anticipate notes to finance the acquisition, design, and construction of approved adult local criminal justice facilities, and would continuously appropriate the funds for those purposes. The bill would authorize the Department of Corrections and Rehabilitation to design and construct 3 level II dorm facilities adjacent to specified institutions, including Folsom State Prison, and would authorize the department to use specified funds previously appropriated to complete site suitability studies at those locations. The bill would authorize the State Public Works Board to issue up to $810,000,000 in revenue bonds, notes, or bond anticipation notes to finance design, construction, and construction-related costs for this project, and would continuously appropriate those funds for purposes relating to the project. The bill would also require the department, after completion of 3 Level II dorm facilities, to remove all inmates from, cease operations of, and close the California Rehabilitation Center in Norco, as specified. The bill would also make nonsubstantive, technical changes. The bill would appropriate the sum of $1,000 from the General Fund to the Department of Corrections and Rehabilitation for administration. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law governs the adoption of unmarried minors. Under existing law, a licensed adoption agency includes both licensed county and private adoption agencies. Further, existing law authorizes the State Department of Social Services to provide adoption services in counties without a county adoption agency. Existing law further prescribes the procedure for adopting a child through an agency or the State Department of Social Services, as well as for independent adoptions. Under existing law, licensed county adoption agencies perform homefinding and placement functions, investigate, examine, and make reports upon petitions for adoption filed in the superior court, act as placement agencies for placing children for adoption, accept relinquishments for adoption, and perform other tasks. This bill would instead provide that county adoption agencies are no longer licensed by the State Department of Social Services, but are instead authorized to perform the above-described functions. The bill would define county adoption agency as one run by a county or consortium of counties. The bill would provide that the adoption procedures currently governing the State Department of Social Services and licensed adoption agencies would also apply to these county adoption agencies, as defined. Existing law governs proceedings to declare a minor a dependent child of the court and sets forth the applicable procedures, including regular review hearings, before a court may order a hearing to terminate parental rights. Existing law further requires specified actions in these proceedings by the agency supervising a child in foster care during dependency proceedings, as well as by the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency in counties without county adoption agencies. Following the termination of parental rights in dependency proceedings, the dependent child may be placed for adoption. This bill would provide that the procedures currently required of the State Department of Social Services, licensed county adoption agencies, and agencies supervising children in foster care during dependency proceedings would apply to county adoption agencies. The bill would also delete references to the department acting as an adoption agency in counties that are not served by county adoption agencies. Existing law requires the State Department of Social Services to encourage adoption agencies to make adoption training programs available to prospective adoptive families. This bill would delete that requirement. Existing law, the California Fostering Connections to Success Act, revises and expands the scope of various programs relating to the provision of cash assistance and other services to and for the benefit of certain foster and adopted children, and other children who have been placed in out-of-home care, including children who receive Aid to Families with Dependent Children-Foster Care (AFDC-FC) , Adoption Assistance Program, California Work Opportunity and Responsibility to Kids (CalWORKs) , and Kinship Guardianship Assistance Payment Program (Kin-GAP) benefits. Among other provisions, the act extends specified foster care benefits to youth up to 19, 20, and 21 years of age, described as nonminor dependents, if specified conditions are met, commencing January 1, 2012. This bill also would make a nonminor dependent, or nonminor former dependent, who has been receiving specified aid, as described above, between January 1, 2012, and December 31, 2012, and who attains 19 years of age prior to January 1, 2013, or between January 1, 2013, and December 31, 2013, who attains 20 years of age prior to January 1, 2014, eligible to continue to receive that aid, notwithstanding the age limitations in existing law, provided that the nonminor dependent or nonminor former dependent continues to meet all other applicable eligibility requirements. This bill would provide that a county is not precluded from seeking federal funding on behalf of eligible nonminor dependents or nonminor former dependents, as described in the bill, for whom the county has provided specified aid using county-only funds, on and after January 1, 2012. Existing law establishes transition jurisdiction for the juvenile court and specifies the criteria required to come within this jurisdiction. Existing law authorizes a nonminor to petition the juvenile court to resume dependency jurisdiction or to assume or resume transition jurisdiction, as specified. This bill would provide that nonminors who are eligible for aid pursuant to the bill also are within the transition jurisdiction of the juvenile court. The bill would impose a state-mandated local program by increasing county duties with respect to programs and services for nonminor dependents. Existing law creates the Local Revenue Fund 2011 in the State Treasury, and creates within the fund the Trial Court Security Account, the Local Community Corrections Account, the Local Law Enforcement Services Account, the Mental Health Account, the District Attorney and Public Defender Account, the Juvenile Justice Account, the Health and Human Services Account, and the Reserve Account. Under existing law, moneys from specified tax sources and other moneys that may be specifically appropriated are required to be deposited in the Local Revenue Fund 2011. The fund is continuously appropriated for designated public safety services, including, but not limited to, the prevention of child abuse, the provision of services to abused, neglected, and exploited children, the provision of services to vulnerable children and their families, and the provision of adult protective services. Existing law prescribes the state share of cost applicable to the child welfare program and the support and care of former dependent children who are wards of related guardians under the Kinship Guardianship Assistance Payment Program (Kin-GAP) . This bill would require funding and expenditures for the child welfare program and Kin-GAP to be consistent with specified provisions relating to the Local Revenue Fund 2011, commencing with the 2011–12 fiscal year, and each fiscal year thereafter. The bill similarly would revise the Independent Living Program for foster youth, and would require county social services departments to submit an annual Independent Living Program Report, including specified components, to the State Department of Social Services, consistent with federal law. By increasing county duties, the bill would impose a state-mandated local program. Under existing law, the state is required to pass on certain federal funds to counties for the provision of child welfare services, except as specified. Existing law prohibits the state from requiring counties to provide matching funds in amounts greater than the amount required of the state by the federal government. This bill would delete the prohibition against the state requiring counties to provide matching funds in excess of the amount required of the state by the federal government. Existing law authorizes the Director of Social Services to enter into an agreement with a tribe, consortium of tribes, or tribal organization, regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, under specified circumstances. Pursuant to these agreements, these child welfare activities are delegated to the tribe, consortium of tribes, or tribal organization, which is also required to provide specified matching funds. This bill would specify the share of costs required of the tribe, consortium of tribes, or tribal organization operating a program pursuant to the above agreements. The bill would require any share of costs not specified to be equal to the applicable county share of costs provided for under existing law. Existing law establishes the California Child and Family Service Review System administered by the State Department of Social Services, to review all county child welfare systems, covering, child protective services, foster care, adoption, family preservation, family support, and independent living. This bill would impose a state-mandated local program by requiring counties to be responsible for and accountable to the department for specified child welfare program performance measures, and would specify the duties of the counties and the department in this regard. The bill would require funding and expenditures for the California Child and Family Service Review System to be consistent with specified provisions relating to the Local Revenue Fund 2011, commencing with the 2011–12 fiscal year, and each fiscal year thereafter. This bill would revise State Department of Social Services procedures applicable when the department believes that a county is substantially failing to comply with law or regulation pertaining to any program administered by the department, and when county noncompliance results in a federal disallowance, deferral, or other financial consequence. This bill would revise operational and fiscal requirements applicable to various programs and services relating to foster and adoptive children, including requiring the funding and expenditures for these programs and services to be consistent with specified provisions relating to the Local Revenue Fund 2011, commencing with the 2011-12 fiscal year, and each fiscal year thereafter. These include programs and services relating to the support and care of these children, such as AFDC-FC and Kin-GAP; AFDC-FC performance standards and outcome measures, including with respect to children placed in private for-profit facilities; transitional services, including housing; specialized care increments and clothing allowances; administrative costs; county social worker visits; county "Options for Recovery" programs; community-based kinship support services programs; wraparound services; and child abuse and neglect prevention and intervention programs. The bill would eliminate state participation in clothing allowances commencing with the 2011–12 fiscal year, and would make clothing allowances payable at the county's option, as specified. With respect to foster family agencies, the bill would incorporate the clothing allowance into a revised basic rate, as specified. Existing law establishes the continuously appropriated Transitional Housing for Foster Youth Fund in the State Treasury. This bill would eliminate this fund. Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care, pursuant to prescribed rate schedules. This bill would require the department to establish, in consultation with specified entities, a workgroup to develop recommended revisions to the current AFDC-FC ratesetting system, and would require the workgroup to submit these recommendations to the Legislature by a specified date. Existing law declares the intent of the Legislature to comply with federal law relating to the repayment of federal foster care, adoption assistance, and Kin-GAP overpayments. Existing law requires counties to remit the appropriate amount of federal funds, upon identification of the overpayment. Certain amounts are excluded from the overpayment requirement. This bill would require counties to pay 100% of the cost of the federal overpayments described above, for overpayments identified on and after July 1, 2012, and would authorize the county to retain any funds collected from overpaid providers or recipients after remitting the federal share. Existing law requires every youth who is in foster care and nearing emancipation to be screened by the county for federal Supplemental Security Income (SSI) eligibility, as specified. This bill would revise county procedures with respect to screening foster youth and nonminors in the care of a related caregiver for SSI benefits. Existing law provides for the Adoption Assistance Program (AAP) , to be established and administered by the State Department of Social Services or the county, for the purpose of benefiting children residing in foster homes by providing the stability and security of permanent homes. This bill would require counties, pursuant to a process developed by the department and the County Welfare Directors Association of California, to report to the department on the expenditure of savings realized as a result of maximizing available federal adoption assistance funding, thereby imposing a state-mandated local program. The bill would revise procedures applicable to the adoption of children who are HIV positive, or born to a substance-abusing mother. Existing law declares the intent of the Legislature to provide various services relating to family preservation and support, as specified, in connection with the statewide system of child welfare services. This bill would revise child welfare provisions relating to family preservation and support services, including requiring counties to expend funds for these activities in a manner that will maximize eligibility for financial participation under the federal Promoting Safe and Stable Families program. The bill also would require the State Department of Social Services and the Office of Child Abuse Prevention to provide specified administrative oversight, monitoring, and consultation, to ensure that federal funding is maintained and federal requirements are met. The bill would require family preservation and support services to be consistent with specified provisions relating to the Local Revenue Fund 2011, commencing with the 2011–12 fiscal year and each fiscal year thereafter. The bill would make related technical and conforming changes. Existing law declares that the foundation and central unifying tool in child welfare services is the case plan. Existing law specifies issues to be considered when out-of-home placement is used to attain case plan goals, including selection of the environment best suited to meet the child's special needs and best interests. This bill would revise the selection criteria relating to out-of-home placements. This bill would recast and revise, make technical changes to, and repeal obsolete, provisions relating to child welfare services and programs, including the AFDC-FC program, the Child Welfare Services Case Management System, an advisory committee on therapeutic day services standards, and a workgroup on group care for foster children or youth, and for children with serious emotional disorders. This bill would appropriate $1,000 from the General Fund to the State Department of Social Services. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law requires that revenues from 14% of the local sales and use tax rate be transferred to the local transportation fund of each county for allocation, as directed by the transportation planning agency, to various transportation purposes, under what is commonly known as the Transportation Development Act. Existing law specifies the allowable uses for local transportation funds, and generally requires, after certain deductions, that the funds attributed to the area of apportionment of each transit operator be used solely for transit purposes in counties with a population of 500,000 or more as of the 1970 census. However, in counties with a population under 500,000 as of the 1970 census and in certain other counties, these funds may also be used for local streets and roads, if the transportation planning agency finds that there are no unmet transit needs or no unmet transit needs that are reasonable to meet, and for other specified purposes. Existing law, effective July 1, 2014, generally requires a county with a population under 500,000 as of the 1970 census that has a population of 500,000 or more as of the 2000 census or a future census to use funds attributable to the urbanized area of the county solely for transit purposes, except that a city with a population of 100,000 or fewer in an urbanized area in that county would not be so restricted. Existing law provides that the July 1, 2014, requirements and exemptions do not apply to Ventura County, and instead generally requires all local transportation funds in that county to be used for transit purposes as of that date unless a specified report is submitted by the Ventura County Transportation Commission to the transportation committees of the Legislature by December 31, 2011, and a recommended legislative proposal in that report relative to reorganization of transit services and expenditure of these funds is enacted by the end of the 2011–12 legislative session. This bill would provide that local transportation funds in Ventura County shall be available solely for transit purposes beginning July 1, 2014, as specified. The bill would also provide that any of those funds that remain unencumbered for more than one year, or unexpended for more than 2 years, be returned to the Ventura County Transportation Commission for reapportionment to other transit operators or transit service in proportional amounts based on population, contingent upon specified criteria.
(1) Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, require that certain specified felonies be punished by a term of imprisonment in a county jail for 16 months, or 2 or 3 years and provides for postrelease community supervision by county officials for persons convicted of certain specified felonies upon release from prison or county jail. As part of the realignment of public safety services to local agencies, existing law establishes the Local Revenue Fund 2011 into which specified tax revenues are deposited and are continuously appropriated for the provision of public safety services, as defined. Under existing law, the Local Revenue Fund 2011 contains various accounts and subaccounts from which the revenues are then allocated to corresponding local accounts. This bill would revise the provisions establishing the Local Revenue Fund 2011 by abolishing accounts in the fund as of September 30, 2012, with the exception of the Mental Health Account which this bill would retain, and creating new accounts, subaccounts, and special accounts in the Local Revenue Fund of 2011, as provided. The bill would require that money in the existing accounts be transferred to the newly created successor accounts on September 15, 2012. The bill would direct each county or city and county to create corresponding local accounts in each county or city and county's County Local Revenue Fund 2011, as provided, to receive allocations from the state accounts. The bill would permit any county or city and county to annually reallocate money between subaccounts in the local Support Services Account, and to reallocate funds from the Protective Services Subaccount or the Behavioral Health Subaccount, or both, to the Support Services Reserve Subaccount, which would be created pursuant to this bill, as provided. This bill would, for the 2012–13 fiscal year, and subsequent fiscal years, with respect to cash received beginning August 16 of each year, require the Controller to allocate the tax revenues received in the Local Revenue Fund 2011 to the Mental Health Account, and also to the Support Services Account, the Law Enforcement Services Account and the Sales and Use Tax Growth Account, which would be created by the bill, and to various subaccounts and growth special accounts created within those latter 3 accounts, according to specified percentages and maximums. In those subsequent fiscal years, the bill would also require the Controller to allocate funds to the subaccounts within the Support Services Account and the Law Enforcement Services Account from the subaccounts in the Sales and Use Tax Growth Account, based on specified calculations of base funding. The bill would require the Controller to post specified information on the Controller's Internet Web site regarding the funds deposited in those accounts and subaccounts. The bill would require the Controller to allocate funds, that would otherwise be allocated to a county for a program funded by the Behavioral Health Subaccount, to the County Intervention Support Services Subaccount in the Support Services Account if the State Department of Health Care Services determines that federal Medicaid funds are at risk due to specified circumstances. The bill would provide that, if the tax revenues deposited in the Local Revenue Fund 2011 cease or are decreased, the state shall provide an equivalent amount to fund the provision of Public Safety Services and, if that annual appropriation is not made, the bill would require the Controller to allocate those amounts from the General Fund, thereby making an appropriation. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that any new program or higher level of service imposed on a local agency by the 2011 Realignment Legislation, as defined, or any executive order or administrative directive issued to implement that legislation, shall be reimbursed by the state only from moneys provided for that activity, as specified; that those agencies shall be obligated to provide the new program or higher level of service only to the extent of that funding so provided; and any new program or higher level of service provided by a local agency above the level for which funding has been provided shall be optional and, as such, the costs thereof shall not be subject to reimbursement, except in specified circumstances where, for certain programs, the state would provide 50% of the nonfederal shares of any increased costs. The bill would require a county electing to use its own funds to pay for any increased cost, duty, or level of service to first exhaust funding available to it from the Local Revenue Fund and the Local Revenue Fund 2011. The bill would require funds deposited into a County Local Revenue Fund 2011 to be spent in a manner to maintain the state's eligibility for federal matching funds, as specified, and would prohibit those funds from being used to supplant other funding for Public Safety Services. The bill would provide that these provisions shall become inoperative upon approval by the voters of a specified constitutional amendment at the November 6, 2012, statewide general election. (3) Existing law, the Ralph M. Brown Act, requires each legislative body of a local agency to provide notice of the time and place for holding regular meetings and an agenda containing a brief general description of each item of business to be transacted. The act also requires that all meetings of a legislative body be open and public and all persons be permitted to attend unless a closed session is authorized. This bill would require any decision of a county board of supervisors to eliminate or significantly reduce optional behavioral health services, adult protective services, or specified child welfare services funded from allocations from the Support Services Account of the Local Revenue Fund 2011 to be made in open session, as an action item, at a duly noticed meeting of the board. The bill would require a county or city and county to document any decision to make any change in its allocation between the Protective Services Subaccount or Behavioral Health Subaccount moneys at a regularly scheduled public hearing of its governing body. The bill would require that authorization to make a reallocation from the Protective Services Account or the Behavioral Health Subaccount, or both, to the Support Services Reserve Subaccount only be made in a duly noticed public meeting. (4) Existing law establishes the Local Revenue Fund, which contains specified accounts and subaccounts, including, among others, the Mental Health Subaccount and the CalWORKs Maintenance of Effort Subaccount. Existing law requires a monthly allocation from the Mental Health Account in the Local Revenue Fund 2011 to those subaccounts in the Local Revenue Fund. This bill would require $93,379,252 to be allocated monthly by the Controller to the Mental Health Account of the Local Revenue Fund 2011, and from that account to the Mental Health Subaccount in the Local Revenue Fund. The bill would also require specified funds in the Local Revenue Fund that would otherwise have been deposited into each county's Mental Health Account to be deposited into the CalWORKs Maintenance of Effort Subacconut, not to exceed $1,120,551,000 per year. (5) Existing law, for the 2011–12 fiscal year, allocates moneys from the Local Revenue Fund to the Mental Health Account, the Health and Human Services Account, the Trial Court Security Account, the Local Community Corrections Account, by county, the District Attorney and Public Defender Account, by county, and the Local Law Enforcement Services Account for specified purposes and requires the Controller to allocate those funds to the corresponding local accounts on specified dates. This bill would, for the purposes of the allocations in the 2011–12 fiscal year to the above accounts, include cash received in July and up to August 15, 2012. The bill, commencing with the 2012–13 fiscal year, beginning with cash received on and after August 16, 2012, would instead create and allocate funds to the Trial Court Security Subaccount, by county, would change the percentages to the counties that are allocated for criminal justice programs under the Community Corrections Subaccount and the District Attorney and Public Defender Subaccount, and would create and allocate funds in the Enhancing Law Enforcement Activities Growth Special Account in the Enhancing Law Enforcement Activities Subaccount, as specified. The bill would require moneys allocated from the growth special accounts in the Support Services Growth Subaccount and the Law Enforcement Services Growth Subaccount to be allocated to the corresponding account and subaccount in each county or city and county's County Local Revenue Fund 2011, either according to percentages provided by the bill, or pursuant to schedules provided by the Department of Finance, as specified. The bill would require each county treasurer, city and county treasurer, or other appropriate official to transfer 10% of the money the county receives from the Trial Court Security Growth Special Account, the Community Corrections Growth Special Account, the District Attorney and Public Defender Growth Special Account, and the Juvenile Justice Growth Special Account to the Local Innovation Subaccount, to be used for any of the purposes that money in those accounts may be expended. The bill would require the Controller to allocate certain moneys from the Protective Services Growth Special Account to counties for various local social services, including adult protective services, foster care grants and services, and child welfare services, according to certain percentages and calculations. The bill would require the Controller to allocate moneys from the Community Corrections Growth Special Account to counties to fund the Postrelease Community Supervision Act of 2011 and to fund housing of parolees in county jails. The bill would require the Controller to allocate moneys to each county from the Youthful Offender Block Grant Special Account and the Juvenile Reentry Grant Special Account to fund grants to provide local services relating to the custody and parole of youthful offenders in accordance with reports prepared by the Department of Finance. (6) Existing law establishes within the Local Revenue Fund 2011 various accounts and subaccounts relating to corrections, social services, and law enforcement, including the Local Community Corrections Account, the Adoptions Subaccount, and the Local Law Enforcement Services Account. Existing law governs various social services, including agency adoptions, services for foster youth, and the Medi-Cal Drug Treatment Program. This bill would revise and consolidate the system of accounts and subaccounts for these purposes, as specified. The bill would require that the moneys allocated from the Behavioral Health Subaccount of the Local Revenue Fund 2011 be distributed by the Controller pursuant to schedules provided by the Department of Finance created in consultation with appropriate state agencies and the California State Association of Counties. The bill would authorize, to the extent consistent with or required by federal law or court order, a county or counties to contract directly with the State Department of Health Care Services or the State Department of Social Services, as applicable, to provide for the provision or administration of the programs, services, or activities relating to the Drug Medi-Cal Treatment Program or agency adoptions. The bill would also authorize a county or city and county to elect and, in consultation with the California State Association of Counties be designated by the State Department of Social Services, to contract to provide specified social services programs, functions, or services, including services relating to private agency adoption reimbursements and postsecondary and training vouchers. (7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
