Existing law, the California Early Intervention Services Act, provides a statewide system of coordinated, comprehensive, family-centered, multidisciplinary, and interagency programs that are responsible for providing appropriate early intervention services and support to all eligible infants and toddlers, as defined, and their families. The act requires these services to be provided pursuant to the existing regional center system under the Lanterman Developmental Disabilities Service Act, and further requires the regional centers to comply with that act and its implementing regulations, as specified. This bill additionally would require a family's private insurance for medical services or a health care service plan identified in the individualized family service plan to be used in compliance with applicable state law and regulation, except for specified purposes. The California Early Intervention Services Act requires an eligible infant or toddler receiving services under the act to have an individualized family service plan (IFSP) . The plan is required to be in writing and to address specified issues, including a statement of the specific early intervention services needed to meet the unique needs of the infant or toddler. This bill would revise the definition of an eligible infant or toddler for purposes of eligibility for services. The bill would also revise the contents of the individualized family service plan, including, commencing July 1, 2009, requiring the development, review, or modification of an individualized family service plan to consider certain group training and preschool activities and would make related changes. The bill would prohibit regional centers from purchasing nonrequired services, as defined, except durable medical equipment. This bill would, effective July 1, 2009, require any vendor of applied behavioral analysis services or intensive behavioral intervention services, as defined, under either the California Early Intervention Services Act or the Lanterman Developmental Disabilities Services Act to conduct a behavioral assessment of each infant or toddler to whom the vendor provides these services and design an intervention plan for the child. The regional center would be required to purchase these services, subject to prescribed limitations. This bill would also require the State Department of Developmental Services to establish a prevention program for at-risk babies, as defined, under which intake, assessment, case management, and referral to generic agencies, as defined, would be provided. Each regional center would purchase or provide services under the program pursuant to its allocation from the department. Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is responsible for providing various services and supports to individuals with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. Existing law requires that life quality assessments be conducted with consumers served by private nonprofit regional centers, pursuant to specified criteria. This bill would, instead, require the State Department of Developmental Services to implement an improved, unified quality assessment system, on or before January 1, 2010. It would require the department to identify a valid and reliable quality assurance instrument that includes assessments of consumer and family satisfaction, provision of services, and personal outcomes. The bill would require the department to contract with an independent agency or organization for this purpose. Implementation of these provisions would be subject to an annual appropriation of funds in the Budget Act. Under existing law, the department contracts with the regional centers to provide services and supports to persons with developmental disabilities. The services and supports to be provided to a regional center consumer are contained in an individual program plan (IPP) , developed in accordance with prescribed requirements. These services and supports may include transportation services. This bill, effective July 1, 2009, would impose various requirements relating to the funding of transportation services, at the time of the development, review, or modification of a consumer's IFSP or IPP, as specified. Existing law permits a regional center to purchase, pursuant to vendorization or contract, services and supports for the consumer from any individual or agency that the regional center and the consumer or, where appropriate, his or her parents, legal guardian, conservator, or authorized representative determine will best accomplish all or any part of the consumer's IPP. Under existing law, the regional center and the consumer or, where appropriate, his or her parents, legal guardian, conservator, or authorized representative are required, pursuant to the IPP, to consider specified factors when selecting a provider of services and supports, including the cost of providing services and supports of comparable quality by different providers, if available. This bill would, except as prescribed, require the least costly available provider of comparable services that is able to accomplish all or part of the consumer's IPP, consistent with the particular needs of the consumer and family, as identified in the IPP, to be selected. The bill would also prohibit, effective July 1, 2009, a regional center from purchasing experimental treatments, therapeutic services, or devices that have not been clinically determined or scientifically proven to be effective or safe or for which risks and complications are unknown. It would delay application of this prohibition for persons receiving these services on July 1, 2009, until August 1, 2009. The bill would require a regional center to annually provide to the consumer and his or her parents, legal guardian, conservator, or legal representative a statement of services and supports that the regional center purchased, for the purpose of ensuring that they are delivered. Existing law contains various requirements pertaining to the responsibilities of the department and regional centers concerning the monitoring of consumers in health and residential care facilities. This bill would, effective July 1, 2009, provide that a regional center shall not be required to perform triennial evaluations of specified community care facilities. This bill would, effective July 1, 2009, with specified exceptions, prohibit a regional center from newly vendoring a 24-hour residential care facility licensed by the State Department of Social Services with a licensed capacity of 16 or more beds. Existing law requires a regional center to identify and pursue all possible sources of funding for consumers, including governmental or other entities or programs required to provide or pay the costs of providing services. This bill would require that the department, in consultation with stakeholders, develop an alternative service delivery model that provides an Individual Choice Budget for obtaining quality services and supports that provides choice and flexibility within a finite budget that, in the aggregate, reduces regional center purchase of service expenditures, reduces reliance on the General Fund, and maximizes federal financial participation. The bill would, effective July 1, 2009, prohibit a regional center from purchasing specified services pending implementation of the Individual Choice Budget, except that an exemption from this prohibition may be granted under prescribed circumstances. The bill would also, effective July 1, 2009, impose restrictions on the amount of respite services that may be purchased for a consumer, except that a regional center may grant an exemption from these restrictions under prescribed circumstances. This respite service provision would be repealed upon the occurrence of prescribed conditions relating to the implementation of the Individual Choice Budget. This bill would, effective July 1, 2009, and except as prescribed, provide that a regional center shall not purchase any service that would otherwise be available from prescribed publicly funded program, private insurance, or a health care service plan when the consumer or family meets the criteria of that coverage but chooses not to pursue that coverage. The bill would also, effective July 1, 2009, and except as prescribed, prohibit a regional center from purchasing medical or dental services for a consumer 3 years of age or older from the Medi-Cal program private insurance, or health care service plan unless the regional center is provided documentation of a Medi-Cal, private insurance, or health care service plan denial appeal is being pursued, and the regional center makes a specified determination regarding the appeal. Existing law requires the Director of Developmental Services to establish, annually review, and adjust as needed, a schedule of parental fees for services received through the regional centers. Under existing law, adjustment of the parental fees by the department is subject to the approval of the State Council on Developmental Disabilities. This bill would revise the provisions relating to parental fees, by, among other things, exempting the July 1, 2009, parental fee adjustment from approval by the State Council on Developmental Disabilities and providing for additional factors to be used in determining the fee adjustment. Existing law authorizes an in-home respite worker, as defined, to perform gastrostomy care and feeding of regional center clients, after completing designated training. This bill would expand these provisions to include colostomy, ileostomy, and urinary catheter care, and would refer to these services collectively as incidental medical services. The bill would revise applicable training requirements, and would provide for specified wage increases for in-home respite agencies and staff providing incidental medical services. Existing law requires the department and regional centers to ensure that supported living arrangements for adults with developmental disabilities are made available, as specified. This bill would revise the provisions relating to supported living arrangements by, among other things, setting forth the circumstances under which a regional center would make rent, mortgage, or lease payments or household expenses, as defined, for a consumer. Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. This bill would prohibit a regional center from purchasing supportive services under the IHSS program for a consumer who meets the criteria for the program, but declines to apply for those services, unless the regional center director waives this provision, as specified, and documents this waiver in an addendum to the consumer's IPP. This bill would require the department and the State Department of Health Care Services, jointly, to seek a Medi-Cal program state plan amendment from the federal government to expand federal financial participation for services to persons with developmental disabilities provided by regional centers. Existing law requires the Director of Developmental Services to establish, maintain, and revise, as necessary, an equitable process for setting rates of state payment for nonresidential services purchased by regional centers, and authorizes the director to promulgate implementing regulations. This bill, effective July 1, 2009, would prohibit regional centers from compensating designated nonresidential service programs for providing any service to a consumer on any of a list of holidays specified in the bill, with the department authorized to adjust these holidays through a program directive. Existing law prohibits the total number of developmental center residents in the secure treatment facility at Porterville Developmental Center from exceeding 297. This bill would include residents receiving services in the center's transition treatment program for purposes of this limit. This bill would require the department to provide information to the Assembly Committee on Budget and Senate Committee on Budget and Fiscal Review during budget hearings for the 2010–11 fiscal year about the effect on the developmental service system of the specific cost containment measures implemented to achieve designated General Fund reductions for the 2009–10 fiscal year pursuant to a specified item of the Budget Act of 2009. The bill also would require the department to continue to convene, as appropriate, a stakeholder review process to obtain information and comments about implementation of these cost containment measures and their effect on the developmental service system. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.
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The Budget Act of 2009 (Chapter 1 of the 2009–10 Third Extraordinary Session) made appropriations for the support of state government for the 2009–10 fiscal year. This bill would make revisions in those appropriations for the 2009–10 fiscal year. The bill would make specified reductions in certain appropriations. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health, including an intermediate care facility/developmentally disabled-nursing. Violation of these provisions is a misdemeanor. This bill would create as a new category of health facility for, and require the department to license and regulate, intermediate care facility/developmentally disabled-continuous nursing (ICF/DD-CN) facilities, as defined. This bill would require facilities providing continuous skilled nursing services to persons with developmental disabilities pursuant to the above-described provisions to apply for licensure as an ICF/DD-CN within 90 days after licensing regulations become effective. This bill would make other conforming changes. By creating a new crime, this bill would impose a state-mandated local program. Existing law, until January 1, 2010, authorizes the State Department of Social Services and the State Department of Developmental Services, to jointly establish and administer a pilot project for licensing and regulating Adult Residential Facilities for Persons with Special Health Care Needs (ARFPSHN) , to the extent that funds are appropriated for this purpose in the annual Budget Act. Under existing law, a licensed ARFPSHN may provide 24-hour services to up to 5 adults with developmental disabilities who have special health care and intensive support needs. This bill would extend the pilot project until January 1, 2011, and would make other conforming changes. This bill would impose a state-mandated local program by changing the definition of crimes provided for under the California Community Care Facilities Act. Existing law authorizes local sponsors, as defined, to offer community dental disease prevention programs to schoolchildren in preschool through 6th grade, and in classes for individuals with exceptional needs. Existing law requires the program to include educational programs focused on the development of personal practices by pupils, as specified, and preventative services. Existing law requires any acts performed or services provided pursuant to the program that constitute the practice of dentistry to be performed or provided by a licensed dentist. Existing law provides that it is the intent of the Legislature that the above-described program shall be funded according to customary budget procedures. This bill would, instead, require that the above-described program be funded according to customary budget procedures and that it only be implemented upon appropriation of funds by the Legislature. Existing law requires the State Department of Public Health to implement and administer a program to meet the requirements of the federal Residential Lead-Based Paint Hazard Reduction Act of 1992. The department is required to establish fees for the accreditation of training providers, the certification of individuals, and the licensing of entities engaged in lead-related occupations. This bill would, effective July 1, 2010, require the collected fees to be deposited in the Lead-Related Construction Fund, which would be established by the bill. These moneys would be available to the department upon appropriation by the Legislature for purposes of the program, and would be available for borrowing in accordance with prescribed provisions. Existing law establishes the Occupational Lead Poisoning Prevention Account, into which fees are paid by employers in prescribed industries that have documented evidence of potential poisoning. Moneys in this account are expended for purposes of the Lead Poisoning Prevention Program, which is conducted by the State Department of Public Health in accordance with prescribed requirements. This bill would provide that of the funds appropriated from this account in the Budget Act of 2009, $500,000 would be used for purposes of administration of the residential lead-based paint program during the 2009–10 fiscal year. It would express the intent of the Legislature that funds shall be repaid to the account upon a determination be the Department of Finance that sufficient moneys are available in the Lead-Related Construction Fund. Existing law, the Calderon-Sher Safe Drinking Water Act of 1996, requires the State Department of Public Health to adopt regulations covering water testing, the monitoring of contaminants, the frequency and method of sampling and testing, the reporting of results, and other matters as may be necessary to determine and ensure the quality of domestic water supplies. Existing law defines "public water system" to mean a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. Existing law requires public water systems serving 1,000 or more service connections and public water systems that treat water on behalf of one or more water systems, as specified, to reimburse the department for the actual cost incurred by the department in conducting its required activities relating to public water systems, as provided. Existing law further requires public water systems serving less than 1,000 service connections to pay an annual drinking water operating fee to the department for costs incurred by the department in conducting its required activities relating to public water systems, as provided. Existing law contains limitations on maximum fee amounts that may be imposed on public water systems under these provisions. This bill would, instead, require these water systems to pay specified fees per service connection, subject to prescribed minimum amounts. This bill would authorize the department to increase the fees, as specified, subject to approval by the Legislature. Existing law requires the State Department of Health Care Services to establish and administer the Genetically Handicapped Persons Program (GHPP) for the provision of health services to genetically handicapped persons. This bill would provide that a person who is found eligible for GHPP services whose employer-sponsored health coverage is later terminated or a person who applies for GHPP services whose employer-sponsored health coverage was terminated during the 6-month period prior to the date he or she applies for services shall be ineligible for GHPP services, unless certain exceptions apply. The bill would require an applicant for GHPP services to certify, at the time of application, under penalty of perjury, that he or she was not covered by employer-sponsored health coverage during the 6-month period prior to the date of his or her application or, if he or she was covered by employer-sponsored health coverage, attest to why one of the exceptions to ineligibility applies and provide documentation from the employer-sponsored health coverage that supports his or her attestation. Because the bill would require representations in the statement by the applicant to be made under penalty of perjury, thus changing the definition of a crime, it would impose a state-mandated local program by expanding the crime of perjury. This bill would also provide that persons who have been found eligible for GHPP services whose employer-sponsored health coverage is thereafter terminated to notify the GHPP within 45 days of the effective date of the termination of their employer-sponsored health coverage and, when applicable, provide the program with the same certification required of applicants for GHPP services. This bill would authorize the director, on a case-by-case basis, to waive determinations of ineligibility made pursuant to the above-described provisions, or reduce certain time periods as set forth above, if the director determines that the determination of ineligibility or the time periods will result in undue hardship. This bill would authorize the department to require a client under the GHPP to apply to enroll or otherwise participate in any other state or federal program or other contractual or legal entitlement that would provide services to the client that would otherwise be reimbursed under the GHPP. This bill would authorize the department, when it determines it to be cost effective, to pay for 3rd-party health coverage for persons eligible for GHPP services in certain circumstances. Existing law requires the department to determine and establish an enrollment fee for GHPP services that shall be a sliding scale based upon family size and income. The bill would, with certain exceptions, commencing July 1, 2009, instead, base the annual enrollment fee on the client's or, if the client is a minor, the client's parents' or legal guardians' combined adjusted gross income as reported on the relevant state or federal income tax forms for the previous tax year. The bill would require the enrollment fee to be 1½% of adjusted gross income when the reported adjusted gross income was between 200% and 299%, inclusive, of the federal poverty level and to be 3% of adjusted gross income when the reported adjusted gross income was equal to or greater than 300% of the federal poverty level. The bill would also provide that in the event the annual enrollment fee determined pursuant to the above provisions exceeds the cost of care incurred during the applicable year, the department shall reduce the enrollment fee by refund or credit to an amount equal to the cost of care. The bill would also make conforming changes. Existing law establishes the California Discount Prescription Drug Program, which is administered by the State Department of Health Care Services. Existing law requires, on August 1, 2010, the department to determine whether pharmaceutical manufacturer participation in the program has been sufficient to meet certain benchmarks. It also requires the department, on and after that date, to reassess program outcomes, at least once every year, consistent with the benchmarks. This bill would provide that the California Discount Prescription Drug Program become operative on or after July 1, 2010, and would extend the above-described deadlines to August 1, 2013. Existing law creates the California Major Risk Medical Insurance Program (MRMIP) , which is administered by the Managed Risk Medical Insurance Board, to arrange for major risk medical coverage for eligible residents of the state who are unable to secure adequate private health care coverage. Existing law creates the continuously appropriated Major Risk Medical Insurance Fund within the MRMIP where revenue, including $18,000,000 from the Hospital Services Account in the Cigarette and Tobacco Products Surtax Fund is deposited annually for the operation of the program. This bill would, instead, for the 2009–10 fiscal year, prohibit the Controller from depositing any amount into the Major Risk Medical Insurance Fund from the Hospital Services Account in the Cigarette and Tobacco Products Surtax Fund. Existing law establishes the State Department of Developmental Services and sets forth its duties and responsibilities, including, but not limited to, administration and oversight of the state developmental centers and programs relating to persons with developmental disabilities. Existing law, the Lanterman Developmental Disabilities Services Act, requires the department to allocate funds to private nonprofit regional centers for the provision of community services and support for persons with developmental disabilities and their families. Existing law provides that the State Department of Mental Health shall house no more than 1,336 patients at Patton State Hospital. However, until September 2009, up to 1,530 patients may be housed at the hospital. This bill would extend the date that 1,530 patients may be housed at the hospital to September 2012. Existing law prohibits the total number of developmental center residents in the secure treatment facility at Porterville Developmental Center from exceeding 297. This bill would include residents receiving services in the center's transition treatment program for purposes of this limit. Existing law establishes the federal Medicaid program, administered by each state, California's version of which is the Medi-Cal program. The Medi-Cal program, administered by the State Department of Health Care Services, provides basic health care services to qualified low-income persons. Existing federal and state law contain requirements relating to the establishment of United States citizenship or national status for purposes of establishing Medi-Cal eligibility. Existing Medi-Cal provisions implementing these requirements specify that, except as prescribed, no Medi-Cal services shall be available to any person who fails to comply with these documentation requirements. This bill would, to the extent that federal financial participation is available and all agreements with the federal government have been obtained, permit the department to exercise a prescribed federal option relating to health care benefits for children. This bill would require the department, pursuant to, and only to the extent required by, federal law and subject to the provisions described below, to implement an asset verification program for the purpose of determining or redetermining the eligibility of an applicant for, or recipient of, Medi-Cal benefits on the basis of being aged, blind, or disabled. This bill would require any applicant or recipient described above, and any other person whose resources are required by law to be disclosed to determine the eligibility of the applicant or recipient, to provide authorization for the department to obtain from any financial institution, as defined, any financial record, as defined, held by the institution with respect to the applicant or recipient, and any other person, as applicable, whenever the department determines the record is needed in connection with a determination with respect to eligibility for, or the amount or extent of, medical assistance. The bill would provide that the obtaining of financial records by the department, or it's designee, shall be at no cost to the applicant, recipient, or any other person whose resources are required to be disclosed. The bill would authorize the department to determine that an applicant or recipient is ineligible for medical assistance if the applicant or recipient, or any other person, as applicable, refuses to provide, or revokes, any authorization made pursuant to the above-described provisions. The bill would require the department to provide the applicant or recipient with notice of the asset verification requirement prior to the applicant or recipient being required to provide authorization. This bill would require an officer of a financial institution, as defined, to furnish the department or its designee with information in the possession of the bank or company regarding the assets of any person who is applying for, or is receiving assistance or benefits from, the department and has provided authorization pursuant to the above-described provisions. Existing law allows the California Medical Assistance Commission to negotiate exclusive contracts with any county that seeks to provide, or arrange for the provision of, Medi-Cal health care services. The system of services provided by or through a county pursuant to these provisions is known as a county-organized health system. Existing law permits a combination of counties to contract with the department pursuant to these provisions for the provision of services on a regional basis. This bill would delete the regional basis limitation. Existing law requires the reimbursement to Medi-Cal pharmacy providers for legend and nonlegend drugs, as defined, to consist of the estimated acquisition cost of the drug, as defined, plus a professional fee for dispensing. Existing law requires the department to establish a list of maximum allowable ingredient costs (MAIC) for generically equivalent drugs for purposes of establishing the acquisition cost for legend and nonlegend drugs, as provided. Existing law requires the department to update the list of, and establish new, MAICs, and to base the MAIC on the mean of the average manufacturer's price of drugs generically equivalent to the particular innovator drug, plus a percent markup determined by the department to be necessary for the MAIC to represent the average purchase price paid by retail pharmacies in California. This bill would require the department to establish an MAIC only when 3 or more generically equivalent drugs are available for purchase and dispensing by retail pharmacies in California. This bill would provide that if average manufacturer's prices are unavailable, the department shall establish the MAIC, either (1) based on the volume weighted average, as defined, of the wholesaler acquisition costs, as defined, of drugs generically equivalent to the particular innovator drug plus a percent markup determined by the department to be necessary for the MAIC to represent the average purchase price paid by retail pharmacies in California or (2) pursuant to a contract with a vendor for the purpose of surveying drug price information, collecting data, and calculating a proposed MAIC. This bill would require the department to establish a process for providers to seek a change to a specific MAIC when the providers believe the MAIC does not reflect current available market prices. Under existing law, the State Department of Mental Health is required to implement managed mental health care for Medi-Cal recipients through fee-for-service or capitated contracts with counties, counties acting jointly, qualified individuals or organizations, or nongovernmental entities. The State Department of Mental Health is responsible for assuming specified program oversight authority formerly provided by the State Department of Health Care Services, including, but not limited to, oversight of certain utilization controls. This bill would, if federal approval is obtained, authorize public agencies that meet certain conditions to, in addition to reimbursement or other payments that the agency would otherwise receive for Medi-Cal specialty mental health services, receive supplemental Medi-Cal reimbursement equal to the amount of federal financial participation received as a result of claims submitted by the State Department of Health Care Services for certain expenditures related to specialty mental health services that are allowable expenditures under federal law. Existing law authorizes the State Department of Social Services to enter into contracts with manufacturers of single source and multiple source drugs on a bid or nonbid basis and to maintain a list of contract drugs for purposes of the Medi-Cal program. Existing law prescribes conditions under which certain drugs for use in the treatment of acquired immunodeficiency syndrome (AIDS) or an AIDS-related condition or cancer are deemed approved for addition to the Medi-Cal list of contract drugs or considered a Medi-Cal benefit. Existing law requires, commencing July 1, 2002, all pharmaceutical manufacturers to provide to the department a state rebate, in addition to rebates pursuant to other provisions of state or federal laws, for any drug products that have been added to the Medi-Cal list of contract drugs pursuant to the above‑described provisions related to drugs used to treat AIDS and cancer and reimbursed through the Medi-Cal outpatient fee-for-service drug program. Existing law requires the state rebate to be negotiated as necessary between the department and pharmaceutical manufacturers. This bill would, commencing July 1, 2009, and until January 1, 2010, require pharmaceutical manufacturers to provide to the department a state rebate, in addition to rebates pursuant to other provisions of state or federal law, for certain drug products used to treat AIDS and cancer that have been added to the Medi-Cal list of contract drugs, as specified. Existing federal law requires the United States Secretary of Health and Human Services to enter into an agreement with each manufacturer of covered drugs that are not subject to a rebate under an agreement between the state Medicaid program and the manufacturer under which the amount required to be paid to the manufacturer for covered drugs, with certain exceptions, purchased by a covered entity, as defined, does not exceed an amount equal to the average manufacturer price for the drug under the federal Medicaid program in the preceding calendar quarter, reduced by the rebate received pursuant to the Medicaid agreement. This bill would provide that a covered entity shall dispense only the above-described drugs to Medi-Cal beneficiaries. This bill provides that if a covered entity is unable to purchase the above-described drugs, the covered entity may dispense a drug purchased at regular drug wholesale rates to a Medi-Cal beneficiary, but that it is required to maintain documentation of their inability to obtain the drugs. Existing law requires the reimbursement to Medi-Cal pharmacy providers for legend and nonlegend drugs, as defined, to consist of the estimated acquisition cost of the drug, as defined, plus a professional fee for dispensing. This bill would require pharmacy providers to submit their usual and customary charge, as defined, when billing the Medi-Cal program for prescribed drugs. The bill would require that payment to pharmacy providers be the lower of the pharmacy's usual and customary charge or the above-described reimbursement rate for legend and nonlegend drugs. Existing law, as long as prescribed conditions are met, provides for the imposition of a uniform quality assurance fee on skilled nursing facilities, subject to prescribed exemptions, to be administered by the Director of Health Care Services and deposited in the State Treasury to be available to enhance federal financial participation in the Medi-Cal program or to provide additional reimbursement to, and support facility quality improvement efforts in, licensed skilled nursing facilities. Existing law provides that the quality assurance fee shall be based upon the entire net revenue of all skilled nursing facilities subject to the fee, except an exempt facility, as defined. Existing law defines "net revenue" to mean gross resident revenue for routine nursing services and ancillary services provided to all residents by a skilled nursing facility, less Medicare revenue for routine and ancillary services, including Medicare revenue for services provided to residents covered under a Medicare managed care plan, less payer discounts and applicable contractual allowances as permitted under federal law and regulation. This bill would, for the 2009–10 and 2010–11 rate years, and subject to federal approval, also include within the definition of "net revenue" Medicare revenue for routine and ancillary services and Medicare revenue for services provided to residents covered under a Medicare managed care plan. Existing law, the Medi-Cal Long-Term Reimbursement Act, requires the department to implement a cost-based reimbursement rate methodology for freestanding skilled nursing facilities, excluding skilled nursing facilities that are a distinct part of a facility that is licensed as a general acute care hospital. Reimbursement rates for these facilities are funded by a combination of federal funds and moneys collected pursuant to the above-described uniform quality assurance fees. Existing law provides that this rate methodology shall cease to be implemented on July 31, 2011, with these provisions to be repealed on January 1, 2012. Existing law provides, for the 2009–10 and 2010–11 rate years, that the maximum annual increase in the weighted average Medi-Cal reimbursement rate required for purposes of the above-described provisions shall not exceed 5% of the weighted average Medi-Cal reimbursement rate for the prior fiscal year. This bill would, instead, provide that for the 2009–10 and 2010–11 rate years, the weighted average Medi-Cal reimbursement rate required for purposes of the above-described provisions shall not be increased with respect to the weighted average Medi-Cal reimbursement rate for the 2008–09 rate year. Existing law requires the director to reduce provider payments for certain classes of health facilities for dates of service on and after March 1, 2009, by 5% for Medi-Cal fee-for-service benefits. This bill would prohibit Medi-Cal reimbursement rates applicable to specified classes of providers for services rendered during the 2009–10 rate year and each rate year thereafter from exceeding the reimbursement rates that were applicable to those classes of facilities in the 2008–09 rate year, with certain exceptions. Existing law requires the department to establish a pilot program to provide continuous skilled nursing care as a benefit under the Medi-Cal program when those services are provided pursuant to a federal waiver. This provision is repealed as of January 1, 2010. This bill would instead, repeal the pilot program if and when the federal Centers for Medicare and Medicaid Services approve a federal waiver or approve a Medicaid State Plan amendment ot make the pilot program a permanent program. The bill would set forth provisions for the permanent program that are similar to the provisions of the pilot program and would make these permanent program provisions operative upon the date federal approval is obtained. The bill would make other conforming changes. Existing law provides for the State Supplementary Program for the Aged, Blind, and Disabled (SSP) , which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement supplemental security income (SSI) payments made available pursuant to the federal Social Security Act. Under existing law, benefit payments under the SSP program are calculated by establishing the maximum level of nonexempt income and federal (SSI) and state (SSP) benefits for each category of eligible recipient. The state SSP payment is the amount, when added to the nonexempt income and SSI benefits available to the recipient, which would be required to provide the maximum benefit payment. Existing law authorizes the State Department of Health Care Services, to the extent that federal financial participation is available, to exercise options under federal law to implement a program to provide Medi-Cal benefits for designated aged, blind, and disabled persons who meet specified income standards. This bill would require the State Department of Health Care Services, to the extent that federal financial participation is available, to exercise an option under federal law to extend full-scope Medi-Cal benefits to individuals who are ineligible to receive those benefits under certain aid programs, including SSI/SSP, as a result of a specified July 1, 2009, reduction in SSI/SSP maximum aid payments. This bill would identify the applicable income and resource standards and methodologies to be utilized for its purposes, and would require an income disregard to be applied, as specified, to adjust the applicable income standard to that which was in place on May 1, 2009. This bill would authorize the department to implement these revised Medi-Cal eligibility provisions through all-county letters or similar instructions, and would cease implementation of these provisions when SSI/SSP program payment levels increase beyond those in effect on May 1, 2009. The bill would require the department to seek any approvals from the federal Centers for Medicare and Medicaid Services necessary to implement these provisions. Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Under existing law, personal care services provided to an individual who is eligible for Medi-Cal benefits as a categorically needy person are a Medi-Cal covered benefit. Personal care services are also a covered benefit under the IHSS program. Existing law provides for the payment of a supplementary benefit under the IHSS program to any eligible aged, blind, or disabled person who is receiving Medi-Cal personal care services and who would otherwise be deemed a categorically needy recipient under the IHSS program. Existing law extends application of this provision to any aged, blind, or disabled person who is receiving Medi-Cal benefits and eligible for services under a federal waiver program known as the IHSS Plus waiver, and who would otherwise be deemed a categorically needy recipient under the IHSS program. This bill would require the State Department of Health Care Services to seek approval of the IHSS Plus option, an amendment to the Medicaid state plan to provide self-directed personal assistance services under the state plan, to the extent that federal financial participation is available, in order to provide IHSS services as a Medi-Cal benefit. The bill would require these services to be rendered under the administrative direction of the State Department of Social Services, as specified. This bill would exclude residents of designated health and care facilities from receiving the services provided pursuant to the bill. It would authorize the State Department of Heath Care Services to implement the IHSS Plus option provisions through all-county letters or similar instructions, and to adopt emergency regulations. This bill would require the Director of Health Care Services to notify the Legislature of any modifications to IHSS benefits, eligibility, and operational requirements necessary for the state plan amendment to become effective. Existing law, the Medi-Cal Hospital/Uninsured Care Demonstration Project Act authorizes the director to, pursuant to a federal waiver, use modified funding methodologies to maximize the use of federal funds to resolve Medi-Cal reimbursement inequities experienced by public and private disproportionate share hospitals. The demonstration project provides for specified stabilization funding to be provided for prescribed purposes. This bill would, notwithstanding those provisions, require that for each of the 2008–09 and 2009–10 fiscal years, the amount available for these purposes shall be reduced by prescribed amounts which sum shall be retained in, or transferred to, the General Fund. This bill would authorize the department to increase federal claiming from the safety net care pool for state-funded programs if necessary to achieve prescribed savings. It would also, for the 2009–10 fiscal years, make a prescribed reduction from allocations to distressed hospitals, as defined, and would transfer the amount of this transfer to the General Fund. The bill would require a 10% reduction in disproportionate share hospital replacement payments to private hospitals for the 2009–10 fiscal year and would require the department to seek any necessary federal approvals to implement this requirement. Under existing law, the State Department of Mental Health is required to implement managed mental health care for Medi-Cal recipients through fee-for-service or capitated contracts with counties, counties acting jointly, qualified individuals or organizations, or nongovernmental entities. The State Department of Mental Health is responsible for assuming specified program oversight authority, including, but not limited to, oversight of certain utilization controls. This bill would, if federal approval is obtained, authorize public agencies that meet certain conditions to, in addition to reimbursement or other payments that the agency would otherwise receive for Medi-Cal specialty mental health services, receive supplemental Medi-Cal reimbursement equal to the amount of federal financial participation received as a result of claims submitted by the State Department of Health Care Services for certain expenditures related to specialty mental health services that are allowable expenditures under federal law. Under existing law, one of the benefits provided for under the Medi-Cal program is adult day health care services. Existing law contains eligibility criteria for these services, and requires that adult day health care center provide core services, as defined. This bill would provide that, commencing 30 days after the effective date of the bill, adult day health care is covered for a maximum of three days per week, until the date that the Director of Health Care Services executes a declaration specifying that provisions described below relating to adult day health care services, are operative, at which time these services are covered for a maximum of 5 days per week. Under existing law, treatment authorization requests may be granted for adult day health care services for up to 6 months. Under existing law, one of the eligibility criteria applicable to adult day health care services is that the Medi-Cal beneficiary requires assistance and supervision in performing prescribed activities. This bill, subject to federal approval, would permit treatment authorization requests for a period of up to 12 months, would modify eligibility criteria to require, with certain exceptions, that the beneficiary need substantial human assistance in performing the prescribed activities, and would modify certain elements of the core services, with all of these provisions to be operative upon the execution of a declaration by the director that all necessary methods and procedures necessary to implement the treatment authorization request provisions have been met. This bill would require the State Department of Mental Health, by no later than March 1, 2011, to provide the legislative budget and policy committees with an analysis of selected county and subcontractor costs for the 2009–10 fiscal year that are not wholly reimbursed by the schedule of maximum allowances rates, as specified. This bill would require the California Health and Human Services Agency to develop an action plan regarding coordination of core programmatic functions between the State Department of Mental Health and the State Department of Health Care Services. Under existing law, for certain hospitals that receive Medi-Cal reimbursement from the State Department of Health Care Services and that are not under contract with the department pursuant to specified existing law, interim payments and cost report settlements for inpatient hospital services provided on and after July 1, 2008, are reduced by 10%, as specified. Existing law revises the amount of these payments, beginning on October 1, 2008, pursuant to a specified formula. Existing law exempts certain small and rural hospitals and certain open health facility planning areas from this revised formula. Existing law, for purposes of interim payments, specifically provides that open health facility planning areas with 3 or more hospitals with licensed general acute care beds are not exempt from this revised formula. Existing law, for purposes of the cost report settlements, specifically provides that open health facility planning areas with more than 3 hospitals with licensed general acute care beds are not exempt from this revised formula. This bill would revise both of the above provisions to prohibit a state-owned or state-operated hospital from being included in determining the number of hospitals in an open health facility planning area. This bill would revise the cost report settlement provision by requiring that an open health facility planning area have 3 or more specified hospitals, instead of more than 3 specified hospitals. This bill would revise the exemption for small and rural hospitals, as specified. The bill would require the state Department of Health Care Services to provide the Legislature with a quarterly update regarding the implementation of the federal American Recovery and Reinvestment Act of 2009, as specified. It would also require the department to provide, in a timely manner, the applicable fiscal and policy committees of the Legislature with copies of all federal audits and their findings that pertain to the Medi-Cal program. 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. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law provides that the state is divided into agricultural districts within the boundaries of which district agricultural associations may be formed. Existing law provides that District 32 is the County of Orange. This bill would create District 32a, which would consist of all of that real property that is a portion of District 32 that is commonly known as the Orange County Fair located in the City of Costa Mesa, and would prescribe certain matters applicable to officers of District 32 and District 32a. The bill would, among other things, (A) authorize the Department of General Services to sell all or any portion of the real property that composes District 32a pursuant to a public bidding process, as provided; (B) prohibit District 32a from entering into any contract, lease, or other agreement affecting the use or operation of that real property for a period that exceeds 3 months; (C) require those contracts, leases, or agreements to contain a certain cancellation notice; (D) authorize the department to be reimbursed for reasonable costs or expenses; (E) authorize bonds involving District 32a property to be paid from the proceeds of any sale or lease of District 32a property; (F) require the Director of General Services to report specified information to the chairs of the fiscal committees of the Legislature 30 days prior to executing a transaction for the sale of the real property; (G) require the director to include a reservation to the state of mineral rights in the sale of the real property; (H) require the net sale proceeds to be deposited into the District 32a Disposition Fund, which the bill would create in the State Treasury; and (I) require the department to report annually to the Legislature on the status of the sale of the real property. This bill would require District 32a to be abolished and all funds in the District 32a Disposition Fund to be transferred to the General Fund upon sale of all property that composes District 32a. (2) Existing law requires the Department of General Services to offer for sale land that is declared excess or is declared surplus by the Legislature, and that is not needed by any state agency, to local agencies and private entities and individuals, subject to specified conditions. Existing law also authorizes the Director of General Services, with the consent of the state agency involved, to let for a period not to exceed 5 years, any real or personal property that belongs to the state, subject to specified conditions. Any money received in connection with these leases is required to be deposited in the Property Acquisition Law Money Account and be available to the Department of General Services upon appropriation by the Legislature. This bill would authorize the Department of General Services to lease specified real property without certain existing restrictions, if the Director of General Services determines that the real property is of no immediate need to the state but may have a potential future use. This bill would require the Department of General Services to annually report to the Legislature on certain leases entered into under the authority of these provisions. The bill would also specify procedures for the reimbursement of costs incurred pursuant to entering into a lease under these provisions and require the Department of Finance to deposit, into the General Fund, the net proceeds of a lease after the reimbursement of those costs. This bill would authorize the Department of General Services to enter into a sale or long-term lease of certain listed properties, including entering into an option to repurchase that property or building. The bill would authorize the Department of General Services to sell real property or buildings if the proceeds of the sale would be used to defense or otherwise retire lease revenue bonds only if the issuer and trustee for the bonds approves the sales transaction. The bill would require the Director of General Services to make an annual report, on or before June 30 of each year, to the fiscal committees of the Legislature regarding the prior year's sales and leases pursuant to these provisions and at least 30 days prior to entering into any sale or lease pursuant to these provisions. If the proceeds of the sale would be used to defease or retire the bonds, those proceeds would be appropriated to the Department of General Services for that purpose. The bill would specify procedures for the reimbursement of costs incurred pursuant to these provisions. The Department of Finance would be required to deposit, in the General Fund, the net proceeds of a sale or lease after the reimbursement of certain costs. (3) Existing law requires each agency, as defined, to furnish the Department of General Services with a record of each parcel of real property it possesses and to update its real property holdings, reflecting any changes, by July 1 of each year, including specified information regarding project uses during the next 3 years. This bill would define terms for purposes of this requirement and would require the update of the real property holdings to include additional information regarding specific programmatic uses, whether the property is fully utilized, partially utilized, or excess with regard to an existing or ongoing program of the agency, agreements relating to the use of the property, and projected future uses during the next 5 years, as identified pursuant to the 5-year infrastructure plan, the agency's master plan, or as specified. The bill would require the head of each agency to make a specified annual certification and would require the Department of General Services to maintain the certification notices on its Internet Web site. (4) The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA generally requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA also provides some exemptions from its requirements for specified projects. This bill would exempt the sale, lease, or repurchase of the Orange County Fair or specified state real property or buildings subject to the bill that is made on an "as is" basis from designated provisions of CEQA. The bill would also exempt from those provisions of CEQA the execution of the purchase and sale agreement or the exchange agreement for this property or these buildings if the disposition is not made on an "as is" basis and the close of escrow is contingent on a specified requirement and compliance with CEQA. (5) This bill would state the Legislature's finding and declaration that specified provisions apply to every transaction undertaken pursuant to the authority of this act. (6) The bill would authorize the Director of Finance to provide a loan from the General Fund in the amount of not more than $10,000,000 to augment Item 1760-001-0002 of Section 2 of the Budget Act of 2009 and to adjust the amounts appropriated in Item 1760-001-0002 of Section 2 of the Budget Act of 2009, for the purposes of supporting the management of the state's real property assets to implement the bill, thereby making an appropriation. (7) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. (8) This bill would declare that it is to take effect immediately as an urgency statute.
Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states, with California's version of this program being known as the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Under the CalWORKs program each county provides cash assistance and other benefits to qualified low-income families and individuals who meet specified eligibility criteria. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which qualified low-income persons are provided with health care services. Existing law provides for the Supplemental Nutrition Assistance Program (SNAP; formerly the Food Stamp Program) , a federal program administered at the state level by the State Department of Social Services, under which each county provides nutrition assistance benefits to eligible households. This bill, notwithstanding any other law, would authorize the State Department of Health Care Services and the State Department of Social Services to implement a centralized statewide eligibility and enrollment process for the CalWORKs program, the Medi-Cal program, and SNAP. The bill would declare the intent of the Legislature that the development of the process achieve specified outcomes. This bill would designate the powers and duties of the departments with respect to the development of the centralized eligibility and enrollment process, including the development of a comprehensive plan, which the bill would require the departments to submit to the fiscal and applicable policy committees of the Legislature, at least 45 days prior to a request for an appropriation. The bill would authorize the departments to implement the plan, subsequent to receiving statutory authorization and an appropriation, as specified. This bill would require the departments to convene a stakeholder steering committee for consultation in the development of the statewide eligibility and enrollment determination process and comprehensive plan. Implementation of the bill would be contingent upon the availability of federal financial participation for its purposes. This bill would provide that it would not change, or in any manner modify, eligibility for the CalWORKS program, the Medi-Cal program, or SNAP. This bill would provide for the implementation of its provisions through all-county letters or similar instructions, but would also provide the departments emergency regulation authority, as specified. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution.
(1) Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency, to administer all services and perform all functions necessary to establish, collect, and distribute child support. Existing law requires the department, among other duties, to reduce the cost of, and increase the speed and efficiency of, child support enforcement operations. This bill, effective October 1, 2010, would require the department to impose a $25 administrative fee on a never-assisted custodial party receiving specified services from the child support program, if the annual amount of child support payments collected on behalf of the custodial party is $500 or more. Existing law requires the Department of Child Support Services to administer all services and perform all functions necessary to establish, collect, and distribute child support, and requires the department and the local child support agency to promptly and effectively collect and enforce child support obligations. This bill would require an appropriation made available in the annual Budget Act for the purposes of augmenting funding for local child support agencies in the furtherance of their revenue collection responsibilities to be subject to specified requirements, including, but not limited to, requiring each local child support agency to submit an early intervention plan to the department, and requiring the department to report to the fiscal committees of the Legislature by January 1, 2010, to track and evaluate the impact of the budget augmentation on revenue collections and cost-effectiveness. By placing new responsibilities on local child support agencies, this bill would impose a state-mandated local program. This bill would require the department and the Office of the Chief Information Officer to jointly produce an annual report to be submitted to the appropriate policy and fiscal committees of the Legislature on the ongoing implementation of the California Child Support Automation System (CCSAS) , as specified. (2) Existing law requires the State Department of Social Services to charge an application fee for the initial licensure and renewal of a license to operate community care facilities, residential care facilities for persons with chronic, life-threatening illness, residential care facilities for the elderly, and child day care facilities. These fees are used by the department, upon appropriation by the Legislature, for the licensing and related activities of the department. This bill would increase these fee schedules, as prescribed. (3) Under existing law, the state, through the State Department of Social Services and county welfare departments, is required to establish and support a public system of statewide child welfare services. Existing law also establishes that a case plan, which is required to be adopted by the county for each child receiving child welfare services, such as dependent children and wards of the juvenile court and children in foster care, and which includes prescribed information, is the foundation and central unifying tool in child welfare services. This bill, effective January 1, 2010, would require a case plan shall ensure the educational stability of the child while in foster care, as specified. (4) The Mello-Granlund Older Californians Act establishes the Community-Based Services Network, administered by the California Department of Aging, which, among other things, requires the department to enter into contracts with local area agencies on aging to carry out the requirements of various community-based services programs. Among these programs are the Alzheimer's Day Care-Resource Center Program and the Linkages Program. The Alzheimer's Day Care-Resource Center Program is required to provide access to specialized day care resource centers for individuals with Alzheimer's disease and other dementia-related disorders, and to provide support to their families and caregivers. The Linkages Program is required to provide care and case management services to frail elderly and functionally impaired adults in order to help prevent or delay placement in nursing facilities. Under the Alzheimer's Day Care-Resource Center Program, direct services contractors provide a program of specialized day care for participants with dementia. Existing law imposes requirements on these direct services contractor as a condition of eligibility to receive funding under the program. This bill would delete certain of the requirements applicable to the direct services contractors under the Alzheimer's Day Care-Resource Center Program, and instead would encourage a direct services contractor to perform these activities to the extent possible, within their resources. This bill would require the department, by September 1, 2009, to issue specified revised documentation to contractors regarding prioritization of low-income individuals under the Linkages Program, and would require the contractors to give these individuals priority for enrollment subsequent to the provision of the revised documentation. (5) Existing law requires the State Department of Social Services to ensure that performance outcomes for specified public social services programs are monitored at the state and county levels, as specified. Existing law requires the department, if it finds that a county is experiencing significantly worsened outcomes, to report this finding to the appropriate fiscal and policy committees of the Legislature, as specified. Under existing law, if the state is subject to a fiscal penalty for failure to achieve the outcomes required by federal law, counties that failed to meet the federal requirements are required to share in the federal penalty. Existing law declares the intent of the Legislature that the annual Budget Act appropriate state and federal funds in a single allocation to counties for the support of administrative activities undertaken by the counties to provide benefit payments to recipients of aid under the CalWORKs program. This bill would provide for the allocation of funds received by the state from the federal Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs, in accordance with the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) , to pay county costs for certain wage subsidy programs and nonrecurrent short-term benefit programs, as defined, notwithstanding the provisions of the existing allocation. The bill would revise the definition of needy families for purposes of these provisions. The bill would make these provisions inoperative October 1, 2010, and would repeal the provisions on January 1, 2011. (6) Existing law requires the Office of Systems Integration in the State Department of Social Services to implement a statewide automated welfare system for 6 specified public assistance programs, and requires statewide implementation of the system to be achieved through 4 designated county consortia. This bill would authorize the county consortia to make designated changes with respect to expenditures within the consortia's approved annual budget, as specified. (7) Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program for the allocation of federal funds received through the TANF program, under which each county provides cash assistance and other benefits to qualified low-income families. Existing law requires, with certain exceptions, that an individual participate in work activities, as defined, in order to remain eligible for CalWORKs benefits. This bill would add to those individuals exempted from participating in welfare-to-work activities certain parents or other relatives who have primary responsibility for caring for one or more children, as specified. The bill would authorize counties to provide and discontinue additional participation exemptions, as prescribed. The bill would make these provisions inoperative as of January 1, 2012. Existing law requires the State Department of Social Services, with respect to counties that implement a welfare-to-work plan that includes designated subsidized work activities, to pay the county 50% of the participant's wage subsidy, subject to specified conditions. This bill would make the above provisions inoperative from the date that the bill takes effect until September 30, 2010, unless the department makes specified determinations concerning the provisions relating to the allocation of funds received from the federal Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs. Existing law provides for funding under the CalWORKs program for designated mental health and substance abuse treatment services. This bill would give counties the option to redirect funding from and to the amounts appropriated for CalWORKs mental health employment assistance services and CalWORKs substance abuse treatment services, from and to other specified CalWORKs employment services. Existing law provides that a parent or caretaker relative shall not be eligible for CalWORKs aid when he or she has received aid for a cumulative total of 60 months. Existing law excludes months in which certain conditions exist from being counted as a month of receipt of aid for these purposes. This bill would add to the conditions that establish an exclusion from the 60-month requirement months in which a recipient is excused for good cause from welfare-to-work activities because he or she lacks necessary support services, as specified. The bill would also exclude, until July 1, 2011, months in which the recipient is exempt from participation due to caretaking responsibilities that impair the recipient's ability to be regularly employed. To the extent that the bill would expand CalWORKs eligibility, the bill would impose a state-mandated local program. State funds are continuously appropriated to pay for a share of costs under the CalWorks program. This bill would provide that no appropriation would be made for purposes of this bill. (8) Existing law requires the State Department of Social Services to administer a voluntary Temporary Assistance Program (TAP) to provide cash assistance and other benefits to specified current and future CalWORKs recipients who meet the exemption criteria for participation in welfare-to-work activities and are not single parents who have a child under one year of age. Existing law requires that the TAP commence on or before April 1, 2010. This bill would extend the date by which the TAP shall commence to October 1, 2010. (9) Existing law, through the Kinship Guardianship Assistance Payment Program (Kin-GAP) , which is a part of the CalWORKs program, provides aid on behalf of eligible children who are placed in the home of a relative caretaker. The program is funded by state and county funding and available federal funds. Existing law requires the rate paid on behalf of children eligible for a Kin-GAP payment to equal 100% of the rate for children placed in a licensed or approved foster home under the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program. Existing law establishes the rate to be paid for 24-hour out-of-home care and supervision provided to children who are both consumers of regional center services and recipients of AFDC-FC benefits, with this rate to be known as a dual agency rate. This bill, would require a child's Kin-GAP rate to be the amount of the dual agency rate if the child, while in foster care, received, a dual agency rate immediately prior to his or her enrollment in the Kin-GAP program. The bill also would require, a child receiving designated early intervention services who is receiving AFDC-FC benefits immediately prior to his or her enrollment in the Kin-GAP program, to be considered and assessed for a dual agency rate. It would require his or her Kin-GAP rate to be set at the amount of the dual agency rate. Because the Kin-GAP program is administered by the counties, this bill would increase county duties, thereby imposing a state-mandated local program. (10) Existing law provides for the AFDC-FC program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Under existing law, foster care providers licensed as group homes have rates established by classifying each group home program and applying a standardized schedule of rates. An adjusted schedule of rates is applicable to group home programs that receive AFDC-FC payments for services performed during the 2002–03 to 2008–09, inclusive, fiscal years. This bill would extend application of the adjusted schedule of rates through the 2009–10 fiscal year, as specified. This bill would reduce by 10% the standardized schedule of rates for group homes, the rates of licensed group home providers whose rates are not established under the standardized schedule, and foster family agency rates, effective October 1, 2009. Existing law requires the State Department of Social Services to implement intensive treatment foster care programs for eligible children. Existing law establishes standard rate schedule of service and rate levels for these programs, and provides for the annual adjustment of these rates, as specified. This bill would reduce by 10% the standardized rates applicable to intensive treatment foster care programs, effective October 1, 2009. Existing law requires the State Department of Social Services to perform or have performed group home program and fiscal audits, as needed, and requires group home programs to maintain specified information affecting ratesetting and AFDC-FC payments for a period not less than 5 years. Existing law prohibits the department from reducing a group home's AFDC-FC rate or rate classification level, or from establishing an overpayment based upon a nonprovisional program audit, for a period of less than one year. This bill would delete the provision prohibiting the department from reducing a group home's AFDC-FC rate or rate classification level (RCL) for a period of less than one year under the above circumstances, except under designated circumstances when the provider's audited RCL is no more than 3 levels below the paid RCL. Existing law requires the Director of Social Services to establish administrative procedures to review group home audit findings, and authorizes a group home provider to request a hearing to examine any disputed audit finding, as specified. Under existing law, the director is required to take one of 3 specified actions within 120 days of submission of a proposed hearing decision. This bill would require the proposed decision to take effect by operation of law if the director fails to take action within the prescribed time period. (11) Existing law provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP) , which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income (SSI) payments made available pursuant to the federal Social Security Act. Under existing law, benefit payments under the SSP are calculated by establishing the maximum level of nonexempt income and federal SSI and state SSP benefits for each category of eligible recipient. The state SSP payment is the amount, when added to the nonexempt income and SSI benefits available to the recipient, which would be required to provide the maximum benefit payment. This bill would reduce the SSI/SSP maximum aid payment for a married couple to equal the minimum amount required by the federal Social Security Act in order to maintain eligibility for federal funding, as specified. The bill would reduce the maximum aid payment for an individual by 0.6%, as specified. This bill would exempt specified payment categories from these reductions. The bill would make these provisions effective as of the first day of the month following 90 days after enactment of this bill. (12) Existing law provides for the In-Home Supportive Services (IHSS) program, under which, either through employment by the recipient, by or through contract by the county, by the creation of a public authority, or pursuant to a contract with a nonprofit consortium, qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Existing law provides for the payment of a supplementary benefit under the IHSS program to any eligible aged, blind, or disabled person who is receiving Medi-Cal personal care services and who would otherwise be deemed a categorically needy recipient under the IHSS program. This bill would limit this supplementary payment to individuals who meet existing criteria and who are eligible to receive the supplementary payment on June 30, 2009. The bill would eliminate the supplementary payment, effective October 1, 2009. The bill would provide for reinstatement, as specified, of recipients who erroneously lose this benefit on or after July 1, 2009. Existing law prohibits a person from providing supportive services if he or she has been convicted of specified crimes in the previous 10 years. Under existing law, the State Department of Social Services and the State Department of Health Care Services are required to develop a provider enrollment form that each person seeking to provide supportive services shall complete, sign under penalty of perjury, and submit to the county, containing designated statements relating to the provider's criminal history. This bill would revise the required contents of the provider enrollment form, and would designate the form as an application to render services under the Medi-Cal program, consistent with a specified provision of law, and would make related changes. Existing law requires the department to develop a uniform needs assessment tool, as specified, in order to ensure that in-home supportive services are delivered in all counties in a uniform manner. This bill, commencing September 1, 2009, and subject to prescribed exceptions, would require a recipient of IHSS services to be assigned a Functional Index Score, as defined, and would require a determination of eligibility for services to be based upon these scores, as specified. This bill would require the State Department of Social Services to convene a stakeholder group and begin a process with the group to develop and issue a report evaluating the implementation of IHSS quality assurance and fraud prevention and detection activities enacted since 2004. The bill would require the department to provide this report to the Legislature on or before December 31, 2010. (13) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing law provides for the Medi-Cal Drug Treatment Program (Drug Medi-Cal) , under which each county enters into contracts with the State Department of Alcohol and Drug Programs 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. This bill would reduce the rates for Drug Medi-Cal services by 10% for the 2009–10 fiscal year, and, for the 2010–11 fiscal year and thereafter, by the lesser of 10% or the rates applicable in the 2009–10 fiscal year, adjusted as specified. (14) Existing law requires the State Department of Social Services to establish a Work Incentive Nutritional Supplement (WINS) program, under which each county is required to provide a $40 monthly additional food assistance benefit for each eligible food stamp household, as defined. The bill would require the state to pay the counties 100% of the cost of WINS benefits, using funds that qualify for the state's Temporary Assistance for Needy Families (TANF) program maintenance of effort requirements, as specified. Existing law prohibits WINS benefits from being paid before October 1, 2009, and requires full implementation of the program on or before April 1, 2010. This bill would extend the time for payment of WINS benefits to commence to October 1, 2011, and the time for full implementation of the program to April 1, 2012. Existing law authorizes the director to implement the WINS program by all-county letters by March 1, 2009, pending the adoption of emergency regulations. This bill would extend the time for issuance of all-county letters to March 1, 2011. Existing law requires the department to convene a workgroup on or before December 1, 2008, comprised of designated representatives, to consider the progress of the WINS automation effort in tandem with a preassistance employment readiness system (PAERS) program and any other program options that may provide offsetting benefits to the caseload reduction credit in the CalWORKs program. Existing law prohibits full implementation of the WINS program until the workgroup is convened. This bill would extend the date by which the department is required to establish the WINS/PAERS workgroup to December 1, 2010, and would make conforming changes. (15) 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 benefitting children residing in foster homes by providing the stability and security of permanent homes. The program provides for the payment by the department and counties, of cash assistance to eligible families that adopt eligible children. Existing law sets forth the conditions under which a child is eligible for AAP benefits, and requires the department to actively seek and make maximum use of available federal funds for purposes of the program. Under existing law, in accordance with the adoption assistance agreement, the adoptive family is paid an amount of aid based on the child's needs otherwise covered in AFDC-FC payments and the circumstance of the adopting parents, not to exceed the foster care maintenance payment that would have been paid based on the age related state-approved foster family home care rate, and any applicable specialized care increment, for a child placed in a licensed or approved family home, as specified. This bill would revise the conditions under which a child would be eligible for AAP benefits, including specifying conditions under which an applicable child, as defined, would be eligible to receive federal funding. This bill would require that with respect to adoption assistance agreements executed on or after January 1, 2010, adoption assistance benefits would be increased based on specified needs of the child, as specified. (16) Existing law requires the State Department of Social Services to establish a program of public health nursing in the child welfare services program, and specifies the duties that the foster care public health nurse is authorized to perform. This bill would make the duties of the foster care public health nurse mandatory, and would add to those duties documenting that each child in foster care receives specified health screenings. (17) Existing law establishes the Department of Community Services and Development to perform various functions, including coordinating and assisting community action agencies with respect to antipoverty and community services programs. This bill, notwithstanding any other provision of law or regulation, would require the eligibility threshold for the use of additional Community Service Block Grant funds received under the federal American Recovery and Reinvestment Act of 2009 to be increased to 200% of the federal poverty level exclusively and only through the term and use of those funds, as determined by the Department of Community Services and Development, or any other department through which these federal funds are administered by the state. (18) This bill would require the State Department of Social Services to consult with designated stakeholders, to determine how best to ensure that existing best practices for family search and engagement and participatory case planning, including, but not limited to, training or technical assistance, are institutionalized statewide. The bill would require the department to provide information at future budget hearings regarding the implementation of these efforts, including available outcome data. (19) This bill would require the State Department of Social Services to develop a risk management form, with input from the counties and specified stakeholders, relating to the provisions of aid for specified personal assistance services. The bill would require the department to implement the form on a trail basis in 3 counties prior to statewide implementation. (20) This bill would provide for the implementation of its provisions through all-county letters or similar instructions, and would provide for the adoption of emergency regulations, with respect to certain provisions of the bill. (21) 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. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law requires the county superintendent of schools of each county, among other specified duties, to make annual visits to each school in his or her county to observe its operation and to learn of its problems. Existing law requires that the priority objective of those visits be the determination of whether each school has sufficient textbooks, as defined. Existing law states for the 2008–09 and 2009–10 fiscal years the intent of the Legislature that each pupil be provided with the same state-adopted standards-aligned textbook or instructional material as is provided to every other pupil enrolled in the same grade and same course offered by the local educational agency. This bill would extend the definition of "sufficient textbooks" to the 2012–13 fiscal year and would modify the statement of legislative intent. The bill would clarify that a local educational agency is not required to purchase all of the instructional materials included in an adoption if the materials that are purchased are made available to all the pupils for whom they are intended in all of the schools within the local educational agency. (2) Existing law requires a revenue limit to be calculated for each county superintendent of schools, adjusted for various factors, and reduced, as specified. Existing law reduces the revenue limit for each county superintendent of schools for the 2008–09 fiscal year by a deficit factor of 7.839% and for the 2009–10 fiscal year by a deficit factor of 13.360%. This bill would increase the deficit factor for each county superintendent of schools for the 2009–10 fiscal year to 18.621%. (3) Existing law makes child development appropriations, with the exception of funds appropriated for the After School Learning and Safe Neighborhoods Partnerships Program and for CalWORKs child care, available for expenditure for 3 years, except that funds remaining unencumbered at the end of the first fiscal year are required to revert to the General Fund. Existing law requires the Superintendent of Public Instruction to establish criteria and procedures for the reallocation of unearned contract funds in the 2nd and 3rd years of availability, in accordance with specified priorities. This bill would repeal these provisions. (4) Existing law appropriates funds to the County of Los Angeles to address the retention of qualified child care employees in state-subsidized child care centers and to licensed child care programs that serve a majority of children who receive subsidized child care services, including family day care homes. To qualify for use in licensed child care programs that serve a majority of children who receive subsidized child care services, the funds are required to meet specified requirements, including that they be appropriated in specified schedules of an item in specified Budget Acts. This bill would change this requirement by instead requiring that the funds be appropriated in the annual Budget Act. (5) Existing law requires the cost of state-funded child care services to be governed by regional market rates. Beginning March 1, 2009, the regional market rate ceilings are required to be established at the 85th percentile of the 2007 regional market rate survey for that region, and for the 2008–09 and 2009–10 fiscal years, the 85th percentile ceilings of the 2007 regional market rate survey for that region are required to remain in effect. This bill would instead set the regional market rate ceiling at the 85th percentile of the 2005 regional market rate survey for that region and delete the ceilings set for the 2008–09 and 2009–10 fiscal years. The bill would restrict to specified circumstances reimbursements to child care providers that are based upon a daily rate. (6) Existing law requires the Department of Finance, by March 1 of each year, to provide to the State Department of Education the state median income amount for a 4-person household in California based on the best available data. The State Department of Education is required to adjust its fee schedule for child care providers to reflect this updated state median income. This bill would prohibit changes from being implemented midyear. (7) Existing law establishes the School Age Community Child Care Services Program for the provision of extended day care services. This bill would make this program inoperative on September 1, 2009, or on the effective date of this bill, whichever is later, and would repeal it as of January 1, 2010. (8) The Leroy F. Greene School Facilities Act of 1998 requires the State Allocation Board to require school districts applying for funds under that act to deposit, into a specified account for ongoing and major maintenance of school buildings, an amount equal to or greater than 3% of the total general fund expenditures of the applicant school district. Existing law, for the 2008–09 to the 2012–13 fiscal years, inclusive, reduces that deposit requirement to an amount equal to or greater than 1% of the total general fund expenditures of the applicant school district. This bill would exempt a school district that maintains its facilities in good repair, as defined, from this 1% requirement. (9) Existing law requires that the proceeds from the sale of surplus school real property be used for capital outlay or for prescribed costs of maintenance of school district property. This bill, until January 1, 2012, would authorize a school district to deposit the proceeds from the sale of surplus school property, together with any personal property located on that property, purchased entirely with local funds, into the general fund of the school district and to use those proceeds for any one-time general fund purpose. The bill would make the district ineligible for hardship funding from the State School Deferred Maintenance Fund for 5 years after the date the proceeds are deposited into the district's general fund. The bill would require the State Allocation Board to reduce an apportionment of hardship assistance awarded to that district, as specified. Before exercising the authority granted by the bill, the governing board of the school district would be required to submit documents containing specified certifications to the State Allocation Board and, at a regularly scheduled meeting of the governing board, present a plan for expending the proceeds of the sale. (10) Existing law, for the 2003–04 and 2004–05 fiscal years, sets the minimum state requirement for a local educational agency's reserve for economic uncertainties at12 of the percentage for a reserve adopted by the State Board of Education as of May 1, 2003, and restores that requirement, for the 2005–06 fiscal year, to the percentage adopted by the state board as of May 1, 2003. This bill would set that requirement for the 2009–10 fiscal year at13 of the percentage for a reserve adopted by the state board as of May 1, 2009, and would require a school district to make progress in the 2010–11 fiscal year to returning to compliance with the specified standards and criteria adopted by the state board. The bill would restore the requirement, for the 2011–12 fiscal year, to the percentage adopted by the state board as of May 1, 2009. (11) Existing law requires the county superintendent of schools to determine a revenue limit for each school district in the county and requires the amount of the revenue limit to be adjusted for various factors. Existing law reduces the revenue limit for each school district for the 2008–09 fiscal year by a deficit factor of 7.844%, and for the 2009–10 fiscal year by a deficit factor of 13.094%. This bill would instead reduce the revenue limit for each school district for the 2009–10 fiscal year by a deficit factor of 18.355%, and would set forth a mechanism by which basic aid school districts would assume categorical funding reductions proportionate to the revenue limit reductions implemented for nonbasic aid school districts. (12) Existing law establishes various categorical education programs and appropriates the funding for those programs in the annual Budget Act. Existing law requires the Superintendent of Public Instruction, for the 2008–09 to 2012–13 fiscal years, inclusive, to apportion from the amount provided in the annual Budget Act for specified categorical education programs an amount based on the same relative proportion that the local educational agency received in the 2008–09 fiscal year for those programs and authorizes school districts, for those fiscal years, to use these funds, with specified exceptions, for any educational purpose, to the extent permitted by federal law. Existing law, for those fiscal years, deems local educational agencies that use these categorical education program funds for any educational purpose to be in compliance with the program and funding requirements of those categorical education programs, including requirements related to average daily attendance accounting. This bill would base the amount to be received from certain categorical education program budget items to be based on the same relative proportion that the recipient received in the 2007–08 fiscal year for those programs, instead of the 2008–09 fiscal year. The bill would require, for the 2008–09 to 2012–13 fiscal years, inclusive, and for certain calculations that use average daily attendance, that the average daily attendance for specified programs be the same amount used in those calculations for the 2007–08 fiscal year. The bill would declare that changes to these calculations in the California State Lottery Act, an initiative measure, further the purposes of that act, and therefore may be made by an act enacted by a 2/3 vote of both houses of the Legislature. The bill would authorize a local educational agency to apply, on behalf of a school that begins operation in the 2008–09 to 2012–13 fiscal years, inclusive, for state categorical education program funding included in the annual Budget Act. Existing law requires a school district that receives funding on behalf of a charter school to continue to distribute those funds to those charter schools based on the amounts distributed in the 2008–09 fiscal year and to adjust those amounts, as specified. This bill would clarify that a school district that receives funding on behalf of a charter school is prohibited from redirecting that funding for another purpose, except as specified, and would require the school district to continue to distribute those funds to those charter schools based on the relative proportion that the school district distributed in the 2007–08 fiscal year. The bill would require the Superintendent to apportion from the amount appropriated for the charter school categorical block grant in accordance with the per pupil methodology prescribed by a specified provision of law. Existing law, as a condition of receiving the categorical education program funds that may be used for any educational purpose, requires school districts and county offices of education, at a regularly scheduled, open, public hearing, to take testimony from the public, discuss, and approve or disapprove the proposed use of funding. Existing law, as a condition of transferring those funds to their general funds, requires school districts and county offices of education, at a regularly scheduled, open, public hearing, to take testimony from the public, discuss, and approve or disapprove each transfer and the proposed use of funding, and to report to the State Department of Education, in the existing annual Standardized Accounting System reporting process, the amounts transferred by using the appropriate program code for which the funds were expended. The department is required to collect and provide this information to the appropriate legislative policy and budget committees and the Department of Finance by February 28, 2010. This bill would delete the meeting requirement that is a condition of transferring categorical education program funds to the general fund of a school district or county office of education. The bill would add to the requirement that is a condition of the receipt of categorical education program funds that may be used for any educational purpose, that the governing board make explicit the purposes for which the funds would be used. The bill would require a local educational agency to report expenditures by using the appropriate function codes of the Standardized Accounting System reporting process to indicate the activities for which these funds were expended. The bill would require the department to collect and provide this information to the appropriate legislative policy and budget committees and the Department of Finance by April 15, 2010, and annually thereafter, until 2014. (13) Existing law sets forth the minimum requirements for the professional clear multiple or single subject teacher credential. Among those requirements is the completion of a program of beginning teacher induction. This requirement is contingent on the availability of funds in the annual Budget Act to provide statewide access to eligible beginning teachers. This bill would remove the contingency of this requirement on the availability of funds. (14) Existing law prescribes the minimum length of time for the instructional school year and the minimum number of instructional minutes per schoolday. Existing law imposes fiscal penalties on school districts and county offices of education that fail to maintain those minimum instructional times per school year or schoolday. This bill, commencing with the 2009–10 school year and continuing through the 2012–13 school year, would authorize a school district, county office of education, and charter school to reduce the equivalent of up to 5 days of instruction or the equivalent number of instructional minutes without incurring the fiscal penalties. (15) Existing law establishes the Charter School Facility Grant Program to provide assistance with facilities rent and lease costs for pupils in charter schools by reimbursing charter schools for those expenses. This bill, commencing with the 2009–10 fiscal year, would instead require the Superintendent of Public Instruction to annually allocate the facilities grants to eligible charter schools no later than October 1 of each fiscal year but would require that funding appropriated for this program in the 2009–10 fiscal year be used first to reimburse eligible charter schools for rent or lease costs for the 2008–09 fiscal year. (16) Existing law requires the categorical block grant for charter schools for the 2007–08 school year to be $500 per unit of charter school average daily attendance, as determined at the 2nd principal apportionment for the 2007–08 fiscal year, to be adjusted for cost of living each fiscal year thereafter, and to be supplemented, as specified, for economic impact aid-eligible pupils. Existing law states the intent of the Legislature to fully fund the categorical block grant for charter schools and sets forth a mechanism to appropriate additional funding if needed for unanticipated increases in average daily attendance and counts of economic impact aid-eligible pupils. This bill would strictly limit funding deficiencies to unanticipated increases in average daily attendance and counts of economic impact aid-eligible pupils and would prohibit additional funding from being provided to restore certain reductions made to categorical programs pursuant the annual Budget Act. (17) The federal No Child Left Behind Act of 2001 requires a local educational agency to identify an elementary or secondary school that fails, for 2 consecutive years, to make adequate yearly progress, as defined by the state, for program improvement. The act requires a school that continues to fail to make adequate yearly progress after being identified for program improvement to take additional corrective action or meet specified restructuring requirements. The Public Schools Accountability Act of 1999 requires the State Department of Education to identify local educational agencies that are in danger of being identified for program improvement pursuant to the No Child Left Behind Act, and to notify those local educational agencies, in writing, of that status. The department also is required to provide those agencies with research-based criteria to conduct a voluntary self-assessment. This bill would prohibit the State Department of Education and the State Board of Education from prohibiting a school, school district, county office of education, or charter school that has been identified for program improvement or corrective action under the federal No Child Left Behind Act of 2001 from utilizing certain categorical program flexibility provisions of law and from identifying the fund with which sanctions or corrective actions are to be implemented. (18) The Quality Education Investment Act of 2006 (QEIA) requires the Superintendent of Public Instruction to identify and invite school districts and chartering authorities that have eligible schools to participate in the QEIA program and receive funds for agreeing to comply with specified program requirements. The program requires that for each of the 2008–09 to 2013–14 fiscal years, inclusive, $450,000,000 per fiscal year, be allocated, with $48,000,000 for allocation by the Chancellor of the California Community Colleges to community colleges and $402,000,000 for allocation by the Superintendent. This bill would extend that allocation to the 2014–15 fiscal year and, commencing with the 2010–11 fiscal year, payments of that allocation would be required to be made on or after October 8 of each fiscal year. For each fiscal year, commencing with the 2010–11 fiscal year to the 2014–15 fiscal year, inclusive, the $48,000,000 allocated to the community colleges would be required to be used for the purpose of providing funding to the community colleges to improve and expand career technical education in public secondary education and lower division public higher education, including the hiring of additional faculty to expand the number of career technical education programs and course offerings. The bill would appropriate, in lieu of the statutorily required appropriation, $402,000,000 from the General Fund to the Superintendent of Public Instruction for the 2009–10 fiscal year to be allocated to schoolsites participating in the QEIA program and would reduce the amount of its revenue limit funding, or general purpose entitlement, as applicable, for the 2009–10 fiscal year by the amount allocated pursuant to this appropriation. A school district that participated in the program in the 2009–10 fiscal year would be authorized to apply for specified grants provided to the state pursuant to specified federal statutes. (19) Existing law establishes the Class Size Reduction Program under which a participating school district or county office of education reduces class size to 20 pupils per class in kindergarten and grades 1 to 3, inclusive. Existing law provides that a local educational agency is eligible to receive program funding only if it was participating in the program as of December 10, 2008 and only for the grade level or levels for which it had applied to receive funding as of that date. This bill would provide instead that, for the 2008–09, 2009–10, 2010–11 and 2011–12 fiscal years, that a local educational agency is eligible to receive program funding for the same number of classes for which it had applied to receive program funding as of January 1, 2009, and only for the number of classes reported on the 2008–09 operations application. (20) Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, and requires the state board to adopt procedures for the submission of basic instructional materials, including the review of the curriculum frameworks. This bill would prohibit the state board from adopting instructional materials and procedures for their submission until the 2013–14 fiscal year. (21) Existing law establishes the Instructional Materials Funding Realignment Program that requires the State Department of Education to apportion funds to school districts and requires the governing board of a school district to use that funding to ensure that each pupil is provided with a standards-aligned textbook or basic instructional materials by the beginning of the first school term that commences no later than 24-months after those materials were adopted by the State Board of Education, except as specified. Existing law exempts, until July 1, 2010, school districts from the 24-month requirement. This bill would extend that exemption until July 1, 2013, but state that this exemption does not does not relieve school districts of their obligations to provide every pupil with textbooks or instructional materials as provided under specified law. (22) Existing law requires each pupil completing grade 12 to successfully pass the exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school. Existing law requires that each pupil take the high school exit examination in grade 10 and allows each pupil to take the examination during each subsequent administration until each section of the examination has been passed. Existing law, commencing January 1, 2011, authorizes an eligible pupil with a disability to participate in alternative means of demonstrating the level of academic achievement in the content standards required for passage of the high school exit examination. This bill, commencing with the 2009–10 school year, would exempt an eligible pupil with a disability from the requirement to pass the high school exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school. This exemption would last until the State Board of Education makes a determination that alternative means by which eligible pupils with disabilities may demonstrate that they have achieved the same level of academic achievement in the portions of, or those content standards required for passage of the high school exit examination are not feasible or that the alternative means are implemented. Pupils with exceptional needs would be required to take the high school exit examination in grade 10 for purposes of fulfilling the federal No Child Left Behind Act of 2001. (23) Existing law establishes community college districts under the administration of community college governing boards and authorizes these districts to provide instruction at community college campuses throughout the state. Existing law requires the governing board of each community college district to charge each student, with specified exceptions, a fee of $20 per unit per semester, effective with the spring term of the 2006–07 academic year. This bill would increase that fee to $26 per unit per semester, effective with the fall term of the 2009–10 academic year. (24) Under existing law, the board of governors is required to develop criteria and standards for the purposes of making the annual budget request for the California Community Colleges to the Governor and the Legislature, pursuant to specified minimum requirements. Among those requirements, existing law requires, except as otherwise provided, that specified categorical programs providing direct services to students be funded separately through the annual Budget Act. This bill would, for the 2009–10 to 2012–13 fiscal years, inclusive, authorize a community college district to use funds apportioned to the district for specified categorical programs for purposes of a prescribed list of programs. The bill would prescribe public hearing and reporting requirements as a condition of receiving these funds. The bill would require the Chancellor of the California Community Colleges to annually report these expenditures to the Department of Finance and the Legislature, as specified. (25) Existing law, for the 2008–09 and 2009–10 fiscal years, authorizes the governing board of a school district or county office of education to use up to 100 percent of the balances, as of June 30, 2008, of restricted accounts in its general fund or cafeteria fund with certain exclusion, including, among others restricted reserves committed for capital outlay, and excluding balances in specified categorical education programs, including, among others the Targeted Instructional Improvement Grant Program, the Instructional Materials Program, and the California High School Exit Exam Intensive Intervention Program. Existing law requires a governing board that elects to use balances in restricted accounts to report to the Superintendent regarding the programs and amounts of restricted balances used and requires the Superintendent to report statewide information and information for each school district and county office of education to the Joint Legislative Budget Committee by October 31, 2009. This bill would exclude the use of the ending balance in the cafeteria fund and the balances in the English Learner Acquisition and Development Pilot Program and child development programs, but would authorize the use of balances in the Targeted Instructional Improvement Grant Program, the Instructional Materials Program, and the California High School Exit Exam Intensive Intervention Program, and restricted reserves committed for capital outlay. The bill would change the deadline of the date by which the Superintendent is required to report to the Joint Legislative Budget Committee to April 15, 2010. (26) Existing law authorizes the governing board of a school district to establish a district deferred maintenance fund for specified maintenance purposes. The State Allocation Board is required to apportion from the State School Deferred Maintenance Fund, to school district an amount equal to $1 for each $1 of local funds up to a specified maximum. To be eligible to receive the state matching funds a school district is required to deposit in its district deferred maintenance fund a specified amount. Existing law authorizes the State Allocation Board to reserve funds in the State School Deferred Maintenance Fund for apportionments to school districts in instances of extreme hardship, as defined. This bill would suspend for the 2008–09 to 2012–13 fiscal years, inclusive, the requirement that a school district deposit the required amount in its district deferred maintenance fund and also suspend the board's authority to reserve funds for apportionments to school districts in instances of extreme hardship. (27) Existing law requires the county superintendent of schools to approve, conditionally approve, or disapprove the adopted budget for each school district and requires the Superintendent of Public Instruction to review and certify the budget approved by the county superintendent of schools. Existing law requires the governing board of a school district to certify twice each fiscal year whether the district is able to meet its financial obligations for the remainder of the fiscal year and the subsequent fiscal year. The certification is required to be filed with the county superintendent of schools who is required to submit a qualified or negative certification to the Controller and Superintendent. This bill, for the 2009–10 fiscal year, would prohibit a county superintendent of schools and the Superintendent of Public Instruction from assigning a qualified or negative certification to a local education agency based substantially on a projected loss of federal funds provided through the federal State Fiscal Stabilization Fund of the American Recovery and Reinvestment Act of 2009 in the 2011–12 fiscal year. The bill would authorize the Superintendent to convene a standards and criteria committee to modify the budget and financial review criteria to incorporate this change for the 2009–10 fiscal year. (28) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. (29) This bill would declare that it is to take effect immediately as an urgency statute.
(1) The California Constitution requires the state to apply a minimum amount of funding for each fiscal year for the support of school districts and community college districts. The amount of that minimum funding obligation is required to be determined pursuant to one of three tests, depending on specified factors. The California Constitution provides that school districts and community college districts are entitled to a maintenance factor equal to the amount of a reduction of the minimum funding obligation due to specified circumstances. The California Constitution requires that a specified amount of the maintenance factor be allocated in a manner determined by the Legislature in each fiscal year in which the percentage growth in per capita General Fund revenues exceeds the percentage growth in California per capita personal income. Commencing with the 2010–11 fiscal year, this bill would require the Controller, on March 28 of each fiscal year in which the percentage growth in per capita General Fund revenues exceeds the percentage growth in California per capita personal income, to transfer an amount of moneys, determined by performing a specified calculation, from the General Fund to the State School Fund. The bill would require the Controller to transfer 92% of that amount to Section A of the State School Fund for allocation by the Superintendent of Public Instruction, as specified, and the remaining 8% to Section B of the State School Fund for allocation by the Chancellor of the Community Colleges, as specified. By requiring the Controller to transfer funds to the State School Fund, which is continuously appropriated for purposes of providing funding apportionments to school districts and community college districts, this bill would make an appropriation. (2) The bill would declare that the minimum state educational funding obligation for school districts and community college districts for the 2005–06 fiscal year is $53,345,420,000, with an outstanding balance of $1,110,516,000; for the 2006–07 fiscal year is $55,251,266,000, with an outstanding balance of $211,533,000; for the 2007–08 fiscal year is $56,577,491,000, with no outstanding balance; and for the 2008–09 fiscal year is $49,102,041,000. The bill would declare that a maintenance factor obligation is created for the 2008–09 fiscal year, and that the outstanding maintenance factor balance through the 2008–09 fiscal year is $11,212,909,000. The bill would require that the computations of the minimum funding obligation for the 2009–10 fiscal year be based on the amounts identified for the minimum funding obligation and the maintenance factor obligation for the 2008–09 fiscal year. (3) The bill would revert to the General Fund specified amounts from appropriations for the 2008–09 fiscal year that were unallocated, unexpended, or not liquidated as of June 30, 2009. The bill would reduce revenue limit apportionments for the 2009–10 fiscal year by $1,516,000,000, and would appropriate $1,516,000,000 from the General Fund to the Superintendent of Public Instruction for the 2009–10 fiscal year to increase various apportionments to local educational agencies and other recipient entities for the same purposes of those 2008–09 fiscal year appropriations. (4) The bill would provide that any judicial action or proceeding to challenge, review, set aside, void, or annul the provisions of the bill, or any portion of the bill, may proceed only by application or complaint filed within 45 days of the effective date of the bill. (5)  The bill would provide that if any section or part of the bill is for any reason held unconstitutional, unenforceable, or otherwise invalid, the entire act shall become inoperative, except under specified circumstances relating to the validity of the above provisions relating to the maintenance factor and related payments. (6) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. (7) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons. Under existing law, IHSS recipients who are eligible for the Medi-Cal program, are provided with personal care option services, as defined, in lieu of receiving these services under the IHSS program. Under existing law, the State Department of Social Services is required, in consultation and coordination with county welfare departments, to establish and implement statewide hourly task guidelines and instructions to provide counties with a standard tool for consistently and accurately assessing service needs and authorizing service hours to meet those needs. This bill would require the department, on or before December 31, 2011, in consultation with county welfare departments and stakeholders, to develop and implement procedures to ensure that an IHSS provider of services receives a list specifying the approved duties to be performed for each recipient under the provider's care and a complete list of supportive service tasks available under the IHSS program. It would require an application for IHSS benefits to contain a notice that providers will be provided with this information. This bill would also require all prospective IHSS providers to complete a prescribed provider orientation as a condition of IHSS program participation. This bill would require the standardized provider timesheet used to track the work performed by providers of services under the IHSS program to contain a certification to be signed by the provider and recipient verifying that the information provided in the timesheet is true and correct and a statement relating to the imposition of civil penalties, as provided for in the bill, if the information is found not to be true and correct. The bill would require the timesheet to include designated spaces for the index fingerprint of the provider and recipient, effective July 1, 2011. Existing law, upon request of a recipient of in-home supportive services, or a recipient of personal care services under the Medi-Cal program, authorizes a public authority or nonprofit consortium to provide a criminal background check on certain provider applicants, pursuant to specified provisions. Existing law contains provisions prohibiting a public authority or nonprofit consortium from charging a provider, potential personnel, or service recipient a fee to cover designated costs associated with a criminal background check. This bill would, instead, require that criminal background checks be performed for prospective providers commencing on the effective date of the bill, as a condition of IHSS enrollment and that they be performed at the provider's expense. The bill would require a criminal background check to be performed no later than July 1, 2010, for a person already on a county's provider registry or already providing services, but not on the registry, on the effective date of the bill. Under existing law, if a provider applicant is rejected as a result of information contained in the criminal background report, the applicant is required to be advised of his or her right to request a copy of his or her own criminal history record and to submit a challenge to the Department of Justice to contest the criminal background report. This bill would, instead, if the applicant or provider is rejected as a result of information contained in the criminal background report, require that he or she receive a copy of that report from the Department of Justice, and that he or she be advised of his or her right to contest the criminal background report. It would, in addition, require the State Department of Social Services to develop a written appeal process for a current and prospective provider who is determined ineligible to receive IHSS payments. The bill would also enact substantially similar criminal background check requirements applicable to a county for applicants or providers not on a provider registry of a nonprofit consortium or public authority. By increasing county duties with respect to the program, this bill would impose a state-mandated local program. The bill would also require the department to develop protocols and procedures for obtaining fingerprints from individuals eligible for IHSS, as specified. Existing law requires the department and the State Department of Health Care Services to develop a provider enrollment form that each person seeking to provide supportive services shall complete, sign under penalty of perjury, and submit to the county. This bill would require a provider enrollment form to be completed using the provider's physical residential address, and would prohibit use of a post office box address. This bill would prohibit a provider's paycheck from being mailed to a post office box unless the county has approved a written or oral request from the provider, as specified. Existing law requires the State Department of Social Services, in consultation with counties, to develop a standardized curriculum, training materials, and work aids, and operate an ongoing, statewide training program on the supportive services uniformity system, as specified. This bill would require the department, on or before July 1, 2010, in consultation with the State Department of Health Care Services and other designated parties, to ensure that a standardized curriculum and training materials for county social workers are developed for the purpose of preventing fraud within the IHSS program. This bill would require the State Department of Social Services to develop protocols for the implementation of targeted program integrity mailings, as described in the bill, and to distribute the targeted program integrity mailings to providers. By imposing additional duties on counties with respect to quality assurance activities, including targeted program integrity mailings and monitoring delivery of services, the bill would create a state-mandated local program. This bill would require the State Department of Social Services to consult, as appropriate, with stakeholders on the implementation of the timesheet and criminal background check provisions of the bill. Existing law contains provisions relating to the duties of the State Department of Health Care Services, the State Department of Social Services, and the counties relating to IHSS fraud. This bill would require the State Department of Social Services, in consultation with specified parties, to develop uniform statewide protocols for acceptable activities to be performed and acceptable measures to be taken by the department, the State Department of Health Care Services, and the counties, for purposes of IHSS fraud prevention. It would also provide that the refusal of an IHSS provider or recipient to comply with program requirements may result in termination of program participation. The bill would provide for the implementation of its provisions through all-county letters or similar instructions, and would also provide for the adoption of emergency regulations by July 1, 2010. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law establishes the Toxic Substances Control Account in the General Fund. Existing law authorizes the moneys deposited in the account to be appropriated to the Department of Toxic Substances Control for specified purposes, including the administration of the Human and Ecological Risk Division, the Hazardous Materials Laboratory, and the Office of Pollution Prevention and Technology Development, all within the department. This bill would change the reference to the Hazardous Materials Laboratory to the Environmental Chemistry Laboratory, and specify that moneys deposited in the account also may be appropriated to the department for the administration of the successor organizations of the specified units of the department, and for the implementation of programs administered by those units or successor organizations. The bill would authorize moneys in the account to be appropriated to the department for activities of the department related to pollution prevention and technology development, as specified. (2) Existing law establishes the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund (fund) in the State Treasury until January 1, 2016, and transfers $10,000,000, for each of the 2008–09, 2009–10, and 2010–11 fiscal years, from the Underground Storage Tank Cleanup Fund to the fund, for expenditure, upon appropriation by the Legislature, for the costs of response actions to remediate the harm caused by a petroleum contamination at a site that meets specified conditions. This bill would authorize available federal moneys to be deposited in the fund, and would require the amount transferred in a fiscal year to the fund from the Underground Storage Tank Cleanup Fund to be reduced by the amount of federal moneys deposited in the fund in that fiscal year. The bill would require that if an expenditure from the fund includes federal moneys deposited in the fund, the expenditure be consistent with all applicable requirements for expenditure of the federal moneys. (3) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program known as the unified program. The unified program is required to consolidate the administration of specified hazardous waste and hazardous materials management requirements. The secretary is required to establish standards applicable to Certified Unified Program Agencies (CUPAs) , participating agencies (PAs) , state agencies, and businesses specifying the data to be collected and submitted by unified program agencies in administering the specified requirements. Existing law requires the secretary, by January 1, 2010, to establish a statewide information management system capable of receiving all data collected by the unified program agencies and reported by regulated businesses, as specified. Existing law requires not less than 75% of specified funding to be provided to CUPAs and PAs through grant funds in the amounts determined by the secretary to assist those local agencies in meeting information management system requirements. This bill would require that funding to be provided through grant funds or statewide contract services, rather than only through grant funds. (4) The Wildland Fire Protection Management Act of 1978 authorizes the Director of Forestry and Fire Protection to enter into contracts, with the approval of the Director of General Services, for prescribed burning or other hazardous fuel reduction with the owner or any person who has legal control of any property or any public agency with regulatory or natural resource management authority over certain lands. The act authorizes the state to assume a proportionate share of the costs of site preparation and prescribed burning or other hazardous fuel reduction. This bill would change the term "contract" to "agreement," and would delete the requirement of approval by the Director of General Services. The bill would also authorize the director to accept grants and donations of equipment, materials, or funds from any source for the purpose of supporting or facilitating the prescribed burning or other hazardous fuels reduction work. The director would be authorized to waive the cost sharing requirements of the act if the funding source prohibits cost sharing requirements. (5) Existing law authorizes the Department of Forestry and Fire Protection to enter into agreements and make loans to encourage private and public investment in, and improved management of, forest lands and resources within the state to ensure adequate future high-quality timber supplies, related employment and other economic benefits, and the protection, maintenance, and enhancement of a productive and stable forest resource system for the benefit of present and future generations. The Director of Forestry and Fire Protection is authorized to enter into agreements for forest resource improvement work with eligible landowners that require cost sharing on the part of the landowner and is required to deposit into the Forest Resources Improvement Fund funds from any source for forest resource improvement purposes. This bill would allow the department to waive the cost sharing requirement if the funding source for the authorized forest resource improvement work prohibits cost sharing requirements. This bill would prohibit any federal funds received as part of the federal American Recovery and Reinvestment Act of 2009 from being deposited into the Forest Resources Improvement Fund. (6) The California Urban Forestry Act of 1978 authorizes the Department of Forestry and Fire Protection to implement a program in urban forestry to, among other things, encourage better management and planting of trees in urban areas and assist cities in innovative solutions to problems, including greenhouse gas emissions, urban heat island effect, stormwater management, lack of green space, and vandalism. The director, with advice from other appropriate state agencies and interested parties, is authorized to make grants to provide assistance of 25 to 90% of costs for projects meeting guidelines established by the State Board of Forestry and Fire Protection, upon recommendation by the director. This bill would allow the director to waive the cost sharing requirement if the funding source for a grant prohibits cost sharing requirements. (7) Existing law authorizes the issuance of environmental license plates, as defined, for vehicles, upon application and upon payment of certain fees. All revenue derived from the fees for issuance, renewal, retention, duplication, and transfer of the plates is required to be deposited in the California Environmental License Plate Fund in the State Treasury. This bill would increase the fees for issuance, renewal, retention, duplication, and transfer of environmental license plates. (8) The Energy Conservation Assistance Act of 1979 (act) establishes the State Energy Conservation Assistance Account (account) , a continuously appropriated account, that is administered by the State Energy Resources Conservation and Development Commission to provide grants and loans to various public entities to maximize energy use savings in existing and planned buildings and facilities. The act authorizes the commission to approve an application for a loan only in those instances where the applicant demonstrates that the costs of the project, plus interest on state funds loaned, will be recovered through savings in the cost of energy to the institution during the repayment period. The act authorizes the commission to make grants in an amount that does not exceed 5% of the annual appropriation from the account. The act authorizes the commission to expend funds from the account for the actual administrative costs to the commission in implementing the act in an amount that does not exceed 5% of the total appropriation. The act also requires, in specified circumstances, the commission to periodically set interest rates on loans based on surveys of existing financial markets and at rates not less than 3% per annum. This bill would authorize the commission to make grants in an amount that does not exceed 5% of, and to recover its administrative costs in an amount that does not exceed 5% of, the annual unencumbered balance in the account as determined by the commission on July 1 of each fiscal year. This bill would also require the commission to set the interest rate at not less than 1% per annum. The federal Energy Independence and Security Act of 2007 establishes the Energy Efficiency and Conservation Block Grant Program to provide funds to the state to assist eligible entities in improving energy efficiency and reducing the total energy use of eligible entities. Existing law authorizes the commission to undertake certain actions and to administer a block grant program funded by the federal Energy Independence and Security Act of 2007 to reduce fossil fuel emission, improve energy efficiency, and reduce overall energy use. Existing law authorizes the commission to recover certain administrative expenses incurred in implementing the block grant program. Existing law prohibits the commission from expending more than 5% of the federal funds received for allowable administrative costs. This bill would authorize the commission to administer funds appropriated by the federal American Recovery and Reinvestment Act of 2009 for the Energy Efficiency and Conservation Block Grant Program and to award contracts, grants, and loans for energy-related projects. The bill would additionally specify that the recoverable administrative costs include costs related, but not limited, to reporting, recordkeeping, and evaluation activities required by federal law, as well as implementing regulations and guidelines. The bill would authorize the commission to adopt guidelines implementing the block grant program and would subject the awarding of grants and loans to an appeal to the commission upon a showing that the award is based on factors other than those described in the guidelines. This bill would make an appropriation by requiring that the repayment of loans made in accordance with the federal acts be deposited into the account and used to make additional loans pursuant to above provisions. This bill would also establish in the State Treasury the Energy Efficient State Property Revolving Fund. The money in the fund would be continuously appropriated to the Department of General Services for loans for projects on state-owned buildings and facilities to achieve greater, long-term energy efficiency, energy conservation, and energy cost and use avoidance, to be allocated as specified. For the fiscal year beginning July 1, 2009, the bill would require $25,000,000 to be transferred into the fund from money received by the commission pursuant to the federal American Recovery and Reinvestment Act of 2009. On or before January 1, 2010, and annually thereafter, the bill would require the department, in collaboration with the commission, to submit a report to the Legislature, containing specified information. The bill would require any repayment of loans made pursuant to this authority to be deposited into the fund, thereby making an appropriation. (9) The California Oil Recycling Enhancement Act, administered by the California Integrated Waste Management Board, among other things, defines terms and establishes the used oil recycling program. The act requires the board to deposit all revenues received pursuant to the act, in the California Used Oil Recycling Fund, part of which is continuously appropriated to the board to pay recycling incentives, to provide a reserve for contingencies, to make specified block grants for implementation of certain local used oil collection programs in a total amount equal to $10,000,000 or one-half the amount remaining in the fund after specified expenditures are made, for certain grants and loans, and for reimbursement for certain disposal costs of contaminated used oil. This bill would require the board, during fiscal years 2009–10 and 2010–11, to apply any necessary reductions to block grants in an equitable manner that takes into account prior year block grants that are held in reserves by local organizations as available resources for grantees to use in their operations. (10) Under existing law, the Department of Water Resources operates the State Water Resources Development System. This bill would require the department, on or before January 10, 2010, and annually thereafter, to prepare and submit to the fiscal committees of the Legislature a report that describes the budget of the State Water Resources Development System. (11) The California Bay-Delta Authority Act establishes in the Natural Resources Agency the California Bay-Delta Authority. The act requires the authority and the implementing agencies to carry out programs, projects, and activities necessary to implement the California Bay-Delta Program. The act requires the authority to develop policies and make decisions at program milestones, and to provide direction to achieve balanced implementation, integration, and continuous improvement in all program elements, including the science element. This bill would require the authority to post on its Internet Web site information relating to the awarding of grants that implement the science element of the CALFED Bay-Delta Program. (12) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. (13) This bill would declare that it is to take effect immediately as an urgency statute.