Bill Text: CA AB133 | 2015-2016 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Budget Act of 2015.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Passed) 2016-03-01 - Chaptered by Secretary of State - Chapter 2, Statutes of 2016. [AB133 Detail]

Download: California-2015-AB133-Enrolled.html
BILL NUMBER: AB 133	ENROLLED
	BILL TEXT

	PASSED THE SENATE  FEBRUARY 29, 2016
	PASSED THE ASSEMBLY  FEBRUARY 29, 2016
	AMENDED IN SENATE  FEBRUARY 22, 2016

INTRODUCED BY   Committee on Budget (Weber (Chair), Bloom, Bonta,
Campos, Chiu, Cooper, Gordon, Jones-Sawyer, McCarty, Mullin,
Nazarian, O'Donnell, Rodriguez, Thurmond, Ting, and Williams)

                        JANUARY 9, 2015

   An act to amend the Budget Act of 2015 (Chapters 10 and 11 of the
Statutes of 2015), by amending Item 6440-001-0001 of, and adding
Items 2660-013-0001, 3970-001-0001, and 9651-001-0001 to, Section
2.00 of, and amending Section 39.00 of, that act, relating to the
state budget, and making an appropriation therefor, to take effect
immediately, budget bill.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 133, Committee on Budget. Budget Act of 2015.
   The Budget Act of 2015 appropriated specified amounts for the
support of state government for the 2015-16 fiscal year.
   This bill would amend the Budget Act of 2015 by adding and
amending items of appropriation.
   This bill would declare that it is to take effect immediately as a
Budget Bill.
   Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Item 2660-013-0001 is added to Section 2.00 of the
Budget Act of 2015, to read:
2660-013-0001--For transfer by the
Controller from the General Fund, to
the Traffic Congestion Relief Fund,
upon order of the Director of Finance .. (173,000,000)
     Provisions:
     1.    Notwithstanding existing law,
           these funds shall be
           transferred and allocated by
           the Director of Finance no
           later than January 1, 2017,
           and will affect the General
           Fund reserve in the fiscal
           year the transfer is made.
           Funds shall be allocated
           as follows:
           (a)    $148,000,000 for
                  specified local
                  Traffic Congestion
                  Relief Program
                  projects.
           (b)    $11,000,000 for trade
                  corridor improvements.
           (c)    $9,000,000 for the
                  Transit and Intercity
                  Rail Capital Program.
           (d)    $5,000,000 for the
                  State Highway
                  Operations and
                  Protection Program.
     2.    Notwithstanding any other
           law, this amount shall be
           repaid from the General Fund
           pursuant to subdivision (c)
           of Section 20 of Article XVI
           of the California
           Constitution and applied to
           debt payments as required for
           the 2016-17 fiscal year.


  SEC. 2.  Item 3970-001-0001 is added to Section 2.00 of the Budget
Act of 2015, to read:
3970-001-0001--For support of Department
of Resources Recycling and Recovery ...... 105,000,000
    Schedule:
    (1)   3700-Waste
          Reduction and
          Management..........  105,000,000
    Provisions:
    1.    The funds appropriated in
          Schedule (1) shall be made
          available for fire recovery and
          debris removal and management
          costs to mitigate the threat to
          lives, public health, safety,
          and the environment.
    2.    Notwithstanding any other law,
          upon request of the Director of
          the Department of Resources
          Recycling and Recovery, the
          Director of Finance may augment
          the amount available for
          expenditure in this item to pay
          for fire debris removal and
          management costs to mitigate the
          threat to lives, public health,
          safety, and the environment. The
          augmentation may be made no
          sooner than 10 days after
          notification in writing to the
          chairpersons of the committees
          in each house of the Legislature
          that consider     appropriations
          and the Chairperson of the Joint
          Legislative Budget Committee.
          The amount of funds augmented
          pursuant to the authority of
          this provision shall be
          consistent with the amount
          approved by the Director of
          Finance based on review of the
          estimated costs.


  SEC. 3.  Item 6440-001-0001 of Section 2.00 of the Budget Act of
2015 is amended to read:
6440-001-0001--For support of University
of California............................. 3,057,993,000
    Schedule:
    (1)  5440-Support......... 3,057,993,00
                                          0
    Provisions:
    1.   This appropriation is exempt from
         Sections 6.00 and 31.00.
    2.   (a)    The Legislature finds and
                declares all of the
                following:
                (1)    The Regents of the
                       University of
                       California
                       endorsed, on May
                       21, 2015, the
                       framework for long-
                       term funding agreed
                       upon by the
                       Governor and the
                       President of the
                       University,
                       pursuant to which
                       tuition will not
                       increase in the
                       2015-16 and 2016-17
                       academic years and
                       the university will
                       implement reforms
                       to reduce the cost
                       structure of the
                       university and
                       improve access,
                       quality, and
                       outcomes.
                (2)    The reforms
                       included in the
                       framework endorsed
                       by the Regents will
                       create capacity for
                       all campuses of the
                       university to serve
                       more resident
                       students, including
                       by easing transfer
                       from the community
                       colleges, reducing
                       the amount of time
                       it takes students
                       to complete
                       programs, and using
                       technology and data
                       to improve
                       allocation of
                       available resources.
                (3)    In addition to the
                       funds included in
                       this appropriation
                       and those described
                       in the framework,
                       other funds,
                       including existing
                       resources that can
                       be redirected to
                       higher priorities,
                       such as those
                       currently being
                       used to provide
                       financial aid to
                       nonresident
                       students, are also
                       available to enable
                       more resident
                       students to enter
                       the university at
                       all of its campuses.
                (4)    Furthermore, it is
                       the intent of the
                       Legislature that
                       those funds
                       generated by an
                       increase in the
                       number of
                       nonresident
                       students enrolled
                       in the 2015-16
                       academic year,
                       compared to the
                       number of
                       nonresident
                       students enrolled
                       in the 2014-15
                       academic year, and
                       increases in
                       nonresident
                       supplemental
                       tuition, as
                       approved by the
                       Regents on May 21,
                       2015, be used
                       specifically to
                       support an increase
                       in the number of
                       resident
                       students enrolled.
         (b)    To address immediate
                needs, the university is
                expected to enroll, no
                later than the 2016-17
                academic year, at least
                5,000 more resident
                undergraduate students
                than the number enrolled
                in the 2014-15 academic
                year.
         (c)    If the Regents provide
                sufficient evidence to the
                Director of Finance on or
                before May 1, 2016, to
                demonstrate that the
                university will satisfy
                the expectation enumerated
                in subdivision (b), the
                Director of Finance shall
                increase this
                appropriation by
                $25,000,000 and notify the
                Joint Legislative Budget
                Committee.
    2.1. No later than April 1, 2016, the
         Regents of the University of
         California shall report to the
         Director of Finance and, in
         conformity with Section 9795 of
         the Government Code, to the
         Legislature on its use of these
         funds for targeted support
         services to increase systemwide
         and campus four-year and six-year
         graduation rates and two-year and
         three-year transfer graduation
         rates of low-income and
         underrepresented student
         populations.
    2.2. The Regents of the University of
         California shall improve
         transparency regarding the
         university's budget. The Regents
         shall ensure that information is
         posted on the website of the
         Office of the President that
         details subcategories of
         personnel within the Managers and
         Senior Professional personnel
         category and disaggregates all
         personnel categories by fund
         source.
    2.3. No later than December 10, 2015,
         the Regents of the University of
         California shall report to the
         Director of Finance and, in
         conformity with Section 9795 of
         the Government Code, to the
         Legislature, all of the following:
         (a)    All university fund
                sources legally allowable
                to support costs for
                undergraduate, graduate
                academic, and graduate
                professional education.
         (b)    The factors the university
                considers to determine
                which funds to use for
                educational activities and
                how much of those funds to
                use.
         (c)    The sources of the funds
                included in the
                calculation of
                expenditures reported
                pursuant to Section 92670
                of the Education Code.
    2.4. (a)    The Regents of the
                University of California
                shall implement further
                measures to reduce the
                university's cost
                structure.
         (b)    The Legislature finds and
                declares that many state
                employees hold positions
                with comparable scope of
                responsibilities,
                complexity, breadth of job
                functions, experience
                requirements, and other
                relevant factors to those
                employees designated to be
                in the Senior Management
                Group pursuant to existing
                Regents policy.
         (c)    (1)    Therefore, at a
                       minimum, the
                       Regents shall, when
                       considering
                       compensation for
                       any employee
                       designated to be in
                       the Senior
                       Management Group,
                       use a market
                       reference zone that
                       includes state
                       employees.
                (2)    At a minimum, the
                       Regents shall
                       identify all
                       comparable
                       positions from the
                       lists included in
                       subdivision (l) of
                       Section 8 of
                       Article III of the
                       California
                       Constitution and
                       Article 1
                       (commencing with
                       Section 11550) of
                       Chapter 6 of Part 1
                       of Division 3 of
                       Title 2 of the
                       Government Code.
    3.   (a)    The Regents of the
                University of California
                shall approve a plan that
                includes at least all of
                the following:
                (1)    Projections of
                       available resources
                       in the 2016-17,
                       2017-18, and 2018-
                       19 fiscal years. In
                       projecting General
                       Fund appropriations
                       and student tuition
                       and fee revenues,
                       the university
                       shall use any
                       assumptions
                       provided by the
                       Department of
                       Finance. The
                       Department of
                       Finance shall
                       provide any
                       assumptions no
                       later than August
                       1, 2015.
                (2)    Projections of
                       expenditures in the
                       2016-17, 2017-18,
                       and 2018-19 fiscal
                       years and
                       descriptions of any
                       changes to current
                       operations
                       necessary to ensure
                       that expenditures
                       in each of those
                       years are not
                       greater than the
                       available resources
                       projected for each
                       of those years
                       pursuant to
                       paragraph (1).
                (3)    Projections of
                       resident and
                       nonresident
                       enrollment in the
                       2016-17, 2017-18,
                       and 2018-19
                       academic years,
                       assuming
                       implementation of
                       any changes
                       described in
                       paragraph (2).
                (4)    The university's
                       goals for each of
                       the measures listed
                       in subdivision (b)
                       of Section 92675 of
                       the Education Code
                       for the 2016-17,
                       2017-18, and 2018-
                       19 academic years,
                       assuming
                       implementation of
                       any changes
                       described in
                       paragraph (2). It
                       is the intent of
                       the Legislature
                       that these goals be
                       challenging and
                       quantifiable,
                       address achievement
                       gaps for
                       underrepresented
                       populations, and
                       align the
                       educational
                       attainment of
                       California's adult
                       population to the
                       workforce and
                       economic needs of
                       the state, pursuant
                       to the legislative
                       intent expressed in
                       Section 66010.93 of
                       the Education Code.
         (b)    The plan approved pursuant
                to subdivision (a) shall
                be submitted no later than
                November 30, 2015, to the
                Director of Finance, the
                chairpersons of the
                committees in each house
                of the Legislature that
                consider the State Budget,
                the chairpersons of the
                budget subcommittees in
                each house of the
                Legislature that consider
                appropriations for the
                University of California,
                the chairpersons of the
                committees in each house
                of the Legislature that
                consider appropriations,
                and the chairpersons of
                the policy committees in
                each house of the
                Legislature with
                jurisdiction over bills
                relating to the university.
    4.   (a)    The University of
                California shall allocate
                from this appropriation
                the amount necessary to
                pay in full the     fees
                anticipated to become due
                and payable during the
                fiscal year associated
                with lease-revenue bonds
                issued by the State Public
                Works Board on its behalf
                and the amount of general
                obligation bond debt
                service attributable to
                the university.
         (b)    The Controller shall
                transfer funds from this
                appropriation upon receipt
                of the following reports:
                (1)    The State Public
                       Works Board shall
                       report to the
                       Controller the fees
                       anticipated to
                       become due and
                       payable in the
                       fiscal year
                       associated with any
                       lease-revenue bonds
                       that were issued on
                       behalf of the
                       university.
                (2)    The Department of
                       Finance shall
                       report to the
                       Controller the
                       amount of general
                       obligation bond
                       debt service
                       anticipated to
                       become due and
                       payable in the
                       fiscal year
                       attributable to the
                       university.
                (3)    The State Public
                       Works Board or the
                       Department of
                       Finance shall
                       submit a revised
                       report if either
                       entity determines
                       that an amount
                       previously reported
                       to the Controller
                       is inaccurate. If
                       necessary pursuant
                       to any revised
                       reports, the
                       Controller shall
                       return funds to
                       this appropriation.
    4.5. Of the funds appropriated in this
         item:
         (a)    $6,000,000 shall be
                allocated to the centers
                for labor research and
                education at the Berkeley
                and Los Angeles campuses.
         (b)    $1,000,000 shall be
                allocated to the Wildlife
                Health Center at the Davis
                campus and used for grants
                to local marine mammal
                stranding networks. These
                funds are provided on a
                one-time basis.
         (c)    $770,000 shall be
                allocated for the
                Statewide Database.
         (d)    $1,855,000 shall be
                allocated for the San
                Joaquin Valley Medical
                Program. The program shall
                enroll 48 students. These
                funds shall be available
                for expenditure through
                June 30, 2017.
    4.6. The University of California
         shall continue planning for a
         School of Medicine at the Merced
         campus in accordance with the
         action approved by the Regents of
         the University of California on
         May 14, 2008, and shall allocate
         up to $1,000,000 from this
         appropriation or other funds
         available to the university for
         this purpose.
    4.7. This item includes funds for the
         California DREAM Loan Program.
    5.   Payments made by the state to the
         University of California for each
         month from July through April
         shall not exceed one-twelfth of
         the amount appropriated in this
         item, less the amount that is
         specified in Provision 2 and the
         amount that is allocated pursuant
         to subdivision (a) of Provision
         4. Transfers of funds pursuant to
         subdivision (b) of Provision 4
         shall not be considered payments
         made by the state to the
         university.
    6.   The funds appropriated in this
         item     shall not be available
         to support auxiliary enterprises
         or intercollegiate athletic
         programs.


  SEC. 4.  Item 9651-001-0001 is added to Section 2.00 of the Budget
Act of 2015, to read:
9651-001-0001--For support of Prefunding
of Health and Dental Benefits for
Annuitants ............................... 240,000,000
    Schedule:
    (1)   7755-Prefunding
          Health and Dental
          Benefits............  240,000,000
    Provisions:
    1.    The amount appropriated in this
          item is to supplement, and not
          supplant, funding that would
          otherwise be made available to
          pay for the employer share of
          prefunding health and dental
          benefits identified in memoranda
          of understanding, or for
          employees excluded from
          collective bargaining, in
          accordance with salary and
          benefit schedules established by
          the Department of Human
          Resources.
    2.    No later than November 1, 2016,
          the Director of Finance shall
          certify the memoranda of
          understanding that include
          employer and employee
          contributions for prefunding
          health and dental benefits, and
          have been approved by the
          Legislature and the bargaining
          unit membership. Upon
          certification,     the Director
          of Finance shall determine the
          proportionate share of this
          appropriation based on the
          actuarially determined
          liabilities of other
          postemployment benefits for each
          bargaining unit included in the
          certification, and notify the
          Controller's office, which shall
          provide the amount specified by
          the Director of Finance to the
          designated state subaccount of
          the Annuitants' Health Care
          Coverage Fund, as defined in
          Section 22940 of the Government
          Code.
    3.    This appropriation is available
          for expenditure or encumbrance
          until June 30, 2017.


  SEC. 5.  Section 39.00 of the Budget Act of 2015 is amended to
read:
  Sec. 39.00.  The Legislature hereby finds and declares that the
following bills are other bills providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution: AB 94, AB 95, AB
104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112,
AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB
121, AB 122, AB 123, AB 124, AB 125, AB 127, AB 128, AB 129, AB 130,
AB 131, AB 132, AB 134, AB 135, AB 136, AB 137, AB 138, SB 70, SB 71,
SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB
81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB
91, SB 92, SB 93, SB 94, SB 95, SB 96, SB 98, SB 99, SB 100, SB 102,
SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the
form that these bills existed at the time that the act amending this
section of the Budget Act of 2015 took effect.
  SEC. 6.  This act is a Budget Bill within the meaning of
subdivision (c) of Section 12 of Article IV of the California
Constitution and shall take effect immediately.
                                
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