BILL NUMBER: ABX3 4 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 29, 2009
AMENDED IN SENATE FEBRUARY 14, 2009
AMENDED IN ASSEMBLY JANUARY 7, 2009
INTRODUCED BY Assembly Member Evans
JANUARY 5, 2009
An act to amend Sections 2558.46, 14041.5, 17592.71,
41203.1, 42238, 42238.146, 52124, and 60119 of, to amend, repeal, and
add Section 17584.1 of, to add Sections 14041.6, 17070.766,
17592.74, 41207.3, 42238.49, 42605, 52124.3, and 92612.5 to, and to
add and repeal Sections 1240.3 and 60422.1 of, the Education Code, to
amend Items 6110-196-0001, 6110-234-0001, 6110-488, 6870-101-0001,
and 6870-295-0001 of, to add Items 6110-111-0046 and 6110-111-3116
to, and to repeal Item 6110-111-0001 of, Section 2.00 of, and to add
Section 12.42 to, and to repeal Sections 12.40 and 35.80 of, the
Budget Act of 2008 (Chapters 268 and 269 of the Statutes of 2008),
and to amend Sections 34, 35, and 37 of, and to repeal Section 33 of,
Chapter 757 of the Statutes of 2008, relating to education finance,
making an appropriation therefor, and declaring the urgency thereof,
to take effect immediately. An act to amend Sections
8879.65, 16965, and 65086.5 of the Government Code, to amend Sections
99312 and 99315 of, and to add and repeal Section 21683.3 of, the
Public Utilities Code, to amend Section 7103 of the Revenue and
Taxation Code, and to amend Sections 2102, 2103, 2104.1, 2106.3,
2106.4, 2107.1, 2107.2, 2107.3, 2107.6, 2109, 2111, 2112, 2113, 2114,
and 2115 of the Streets and Highways Code, relating to
transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 4, as amended, Evans. Education
Transportation finance.
(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 at reasonable intervals 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.
This bill would revise the definition of sufficient textbooks for
the 2008-09 and 2009-10 fiscal years and, during those fiscal years,
would require a county superintendent of schools to use that revised
definition to determine whether a school has sufficient textbooks.
The bill would make these provisions inoperative on July 1, 2010, and
repeal them on January 1, 2011.
(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 4.396%.
This bill would instead reduce 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%.
(3) Existing law specifies that the amount apportioned for revenue
limits for a school year that are be deemed to attributed to the
minimum funding obligation for school districts and community college
districts for the following fiscal year shall be $715,118,000.
This bill would change that amount and set the amount at
$1,101,655,000 for the 2008-09 and each school year thereafter.
(4) Existing law requires the Controller to draw warrants on the
State Treasury in favor of the county treasurer of each county in
each month of each year in prescribed amounts and in a prescribed
manner.
This bill, commencing with the 2008-09 fiscal year, would require
the warrants for the principal apportionments for the month of
February in the amount of $2,000,000,000 to be drawn in July of the
same calendar year and would require those warrants to be applied
toward the minimum funding requirements for school districts and
community college districts imposed by Section 8 of Article XVI of
the California Constitution for the year in which they are drawn.
(5) 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.
This bill, for the 2008-09 to the 2012-13 fiscal years, inclusive,
would reduce that deposit requirement to an amount equal to or
greater than 1% of the total general fund expenditures of the
applicant school district.
(6) Existing law requires a governing board of a school district
to discuss proposals and plans for expenditure of funds for the
deferred maintenance of school district facilities at a regularly
scheduled public hearing. Existing law requires the governing board
to make a report on the district's spending priorities for the
current fiscal year to the Legislature, with copies to the
Superintendent of Public Instruction, the State Board of Education,
the Department of Finance, and the State Allocation Board, by March 1
of any year that the school district does not set aside prescribed
funds for the deferred maintenance of its facilities.
This bill would make this report requirement inoperative for the
2008-09 to 2012-13 fiscal years, inclusive.
(7) Existing law directs that an amount of moneys be transferred
in the annual Budget Act from the Proposition 98 Reversion Account to
the School Facilities Emergency Repair Account. The amount to be
transferred is required to equal 50% of the unappropriated balance of
the Proposition 98 Reversion Account or $100,000,000, whichever
amount is greater. The moneys transferred are required to be used for
the purpose of addressing emergency facilities needs.
This bill, for the 2009-10 fiscal year, would reduce the amount
required to be transferred pursuant to the requirement above to zero.
The bill would prohibit funds provided to school districts from
the School Facilities Emergency Repair Account for the purpose of
emergency repair grants from being used either to supplant funds
provided to local educational agencies for the deferred maintenance
of school facilities pursuant to specified statutes or for deposit
into a school district deferred maintenance fund for expenditure for
specified purposes.
(8) Existing law requires, for the 1990-91 fiscal year and each
fiscal year thereafter, that moneys to be applied by the state for
the support of school districts, community college districts, and
direct elementary and secondary level instructional services provided
by the state be distributed in accordance with certain calculations
governing the proration of those moneys among the 3 segments of
public education. Existing law makes that provision inapplicable to
the fiscal years between the 1992-93 and 2008-09, inclusive.
This bill would make that provision inapplicable to the 2009-10
fiscal year.
(9) 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 Superintendent
of Public Instruction and the Director of Finance, by January 1,
2006, are required to jointly determine the outstanding balance of
the minimum funding obligation to school districts and community
college districts pursuant to the California Constitution for the
1995-96 to 2003-04 fiscal years, inclusive. Existing law, commencing
with the 2006-07 fiscal year, annually appropriates $150,000,000 from
the General Fund to the Controller for allocation to school
districts and community college districts for the purpose of
discharging in full the outstanding balance of the minimum funding
obligation to school districts and community college districts
pursuant to the California Constitution. Existing law cancels that
annual appropriation for the 2008-09 fiscal year.
This bill, in addition, would provide that, if the Superintendent
and the Director of Finance jointly determine that, for the 2008-09
fiscal year, the state has applied moneys for the support of school
districts and community college districts in an amount that exceeds
the minimum amount required for that fiscal year pursuant to the
California Constitution, the bill would deem $1,100,590,000, as of
June 30 of that fiscal year, as a payment in satisfaction of the
outstanding balance, as defined, of the minimum funding obligation
under that section for the 2002-03 and 2003-04 fiscal years, as
specified.
(10) Existing law requires a revenue limit to be calculated for
each school district and each county superintendent of schools and
requires the amount of the revenue limit to be adjusted for various
factors.
This bill would, for the 2011-12 fiscal year, require the
Superintendent to compute an equalization adjustment for each school
district so that the prior year base revenue limit per unit of
average daily attendance of a school district is not less than the
prior year base revenue limit per unit of average daily attendance
above which fall not more than 10% of the total statewide units of
average daily attendance for the appropriate size and type of school
district.
(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
4.713%.
This bill would instead reduce 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%.
(12) Existing law establishes various categorical education
programs and appropriates the funding for those programs in the
annual Budget Act. That act authorizes local educational agencies to
expend up to 10% of the amount apportioned under specified
categorical education programs for the purposes of any other program
for which the recipient is eligible for funding, as specified.
This bill would instead reduce by a percentage, calculated as
specified, the appropriations made in the Budget Act of 2008 to
school districts and county offices of education in enumerated items
that fund specified categorical education programs. The bill would
authorize school districts, for the 2008-09 to 2012-13 fiscal years,
inclusive, to use the funds received pursuant to any of those budget
items, with specified exceptions, for any educational purpose, to the
extent permitted by federal law. The school districts and county
offices of education would be required, at a regularly scheduled,
open, public hearing, to take testimony from the public, discuss, and
approve or disapprove the proposed use of funding, and to report to
the State Department of Education, in the existing annual
Standardized Accounting System reporting process, the purposes for
which the funds were used and the amounts used for each of those
purposes. The department would be required to collect and provide
this information to the appropriate legislative policy and budget
committees and the Department of Finance by February 28, 2010.
(13) 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. If a school district or county office
of education receives funding for a class but fails to reduce the
size of that class to 20 pupils, the school district or county office
of education suffers a reduction in its next principal apportionment
of state funds.
This bill would reduce the amount of this penalty for the 2008-09,
2009-10, 2010-11 and 2011-12 fiscal years, as specified.
(14) The Pupil Textbook and Instructional Materials Incentive
Program Act requires the governing board of a school district to hold
a public hearing and make a determination as to whether each pupil
in each school in the district has sufficient textbooks or
instructional materials in the subjects of mathematics, science,
history-social science, and English/language arts that are aligned to
the adopted content standards and that are consistent with the
content and cycles of the curriculum framework adopted by the State
Board of Education. Existing law subjects school districts that
receive funds from any state source to this and specified
requirements only in a fiscal year in which the Superintendent of
Public Instruction determines that the base revenue limit for each
school district will increase by at least 1% per unit of average
daily attendance from the prior fiscal year.
This bill would delete the condition related to the increase in
revenue limit funding so that school districts would be subject to
the requirements when they receive funds for instructional materials
from any state source.
(15) 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.
This bill, until July 1, 2010, would exempt school districts from
that requirement.
(16) Existing law establishes a statewide system of public
postsecondary education that includes, among other segments, the
various campuses of the University of California, which is
administered by the Regents of the University of California.
This bill would state the intent of the Legislature that no new
General Fund augmentation be made available for contributions to the
University of California Retirement Plan.
(17) Existing law appropriates $39,780,000 from the General Fund
to the Board of Governors of the California Community Colleges, in
augmentation of an amount appropriated pursuant to a specified item
in the Budget Act of 2008, to provide a 0.68% cost-of-living
adjustment to apportionments to community college districts for
expenditure during the 2008-09 fiscal year.
This bill would repeal this provision.
(18) Existing law appropriates $388,283,000 from the General Fund
to the State Department of Education for 10 specified programs
according to a specified schedule, and requires the department to
encumber these funds by July 1, 2009. This appropriation reflects the
June 2009 principal apportionment that is deferred to July 2009.
Included in this appropriation is $52,583,000 for home-to-school
transportation.
This bill would eliminate that appropriation for home-to-school
transportation and instead would appropriate $570,000,000 for class
size reduction in kindergarten and grades 1 to 3, inclusive. The bill
would increase the total appropriation from $388,283,000 to
$905,700,000 to reflect the February 2009 principal apportionment and
the 2009 payment for class size reduction in kindergarten and grades
1 to 3, inclusive. The funds appropriated would be applied toward
the minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution for the 2009-10 fiscal year.
(19) The Budget Act of 2008 appropriates $200,000,000 from the
General Fund to the Board of Governors of the California Community
Colleges for expenditure during the 2009-10 fiscal year.
This bill would increase that appropriation to a total of
$540,000,000, and would defer the disbursal of those funds until July
2010. The amount appropriated would represent $115,000,000 of the
January apportionment to community college districts, $115,000,000 of
the February apportionment to those districts, $55,000,000 of the
March apportionment and $55,000,000 of the April apportionment, and
$200,000,000 of the June apportionment of those districts. The funds
appropriated would be applied toward the minimum funding requirements
for school districts and community college districts imposed by
Section 8 of Article XVI of the California constitution for the
2009-10 fiscal year.
(20) Existing law provides no cost-of-living adjustment for
specified education programs for the 2008-09 fiscal year.
This bill would add the categorical block grant for charter
schools to the list of programs not receiving a cost-of-living
adjustment for the 2008-09 fiscal year.
(21) The Budget Act of 2008 makes various appropriations for
purposes of public education.
This bill would reduce or eliminate specified appropriations made
in that Budget Act.
(22) This bill would appropriate $198,446,000 from the Public
Transportation Account in the State Transportation Fund to the State
Department of Education for purposes of home-to-school
transportation, to be allocated as specified.
(23) This bill would appropriate $420,268,000 from the Mass
Transportation Fund to the State Department of Education for purposes
of home-to-school transportation, to be allocated as specified.
(24) The Budget Act of 2008 makes various appropriations for
purposes of child care and development programs.
This bill would reduce specified General Fund appropriations made
in that Budget Act for those purposes. The bill also would
reappropriate the unobligated balances from other specified
appropriations to the State Department of Education for CalWORKs
Stage 2 Child Care services, as specified.
(25) This bill would reappropriate for the 2008-09 fiscal year
prescribed amounts or the unexpended balance of specified
appropriations made in specified prior Budget Acts to the State
Department of Education for allocation to the Class Size Reduction
Program in kindergarten and grades 1 to 3, inclusive.
(26) This bill would appropriate $958,283,000 from the General
Fund to the State Department of Education for 11 specified programs
according to a specified schedule and would require the department to
encumber these funds by July 31, 2010. The bill would provide that,
for purposes of satisfying the minimum annual funding obligation for
school districts required by the California Constitution, the
appropriated funds are General Fund revenues appropriated for school
districts and community college districts for the 2010-11 fiscal
year.
(27) Existing law requires the Board of Governors of the
California Community Colleges to adopt regulations providing for the
payment of apportionments to community college districts on a
schedule to include an advance apportionment on or before July 15 of
each year, and a first and 2nd principal apportionment on or before
February 20 and June 25 of each year, respectively.
Existing law requires the Controller to draw warrants on the State
Treasury in favor of the county treasurer of each county in each
month of each year during the fiscal year from the State School Fund
to the school districts under the jurisdiction of the county
superintendent of schools of the county, to the county school service
fund, and to the county school tuition fund of the county. Warrants
for 6% of specified amounts allowed to the county school service
funds and 6% of specified amounts apportioned to school districts and
county school service funds for classes maintained by county
superintendents of schools and to the county service fund are
required to be drawn in July. For the 2008-09 fiscal year only the
entire amount of the July warrant for the county school service fund
and a specified percentage of the amount of the July warrant for
school district apportionments, county school service fund
apportionments for classes maintained by the county superintendent of
schools, and county school tuition fund apportionments are deferred
to the warrants drawn in September.
This bill would defer $200,000,000 of the July 2009 community
college advance apportionment to October 2009. The bill also would
defer $1,000,000,000 of the July 2009 and $1,500,000,000 of the
August 2009 apportionments for local educational agencies that
maintain kindergarten or any of grades 1 to 12, inclusive, to October
2009.
(28) This bill would appropriate $540,000,000 from the General
Fund to the Board of Governors of the California Community Colleges
for expenditure during the 2010-11 fiscal year according to a
specified item in the Budget Act of 2009. The bill would defer until
July 2011 the disbursal of those funds. The amount appropriated would
represent $115,000,000 of the January apportionment to community
college districts, $115,000,000 of the February apportionment to
those districts, $55,000,000 of the March apportionment and
$55,000,000 of the April apportionment, and $200,000,000 of the June
apportionment to those districts. The bill would provide that, for
purposes of satisfying the minimum annual funding obligation for
community college districts required by the California Constitution,
those funds are General Fund revenues appropriated for community
college districts for the 2010-11 fiscal year.
(29) Existing law requires the Superintendent of Public
Instruction, the Controller, and the Director of Finance to develop
standards and criteria to be reviewed by the State Board of Education
and to be used by local educational agencies in the development of
annual budgets and the management of subsequent expenditures from
those budgets.
This bill, for the 2008-09 fiscal year only, would authorize the
governing board of a school district or county office of education to
use up to 100% of the balances, as of June 30, 2008, of restricted
accounts in its general fund or cafeteria fund, excluding restricted
reserves committed for capital outlay, bond funds, sinking funds,
federal funds, and balances in designated programs.
(30) This bill would require the Superintendent of Public
Instruction to reduce the principal apportionment for school
districts and county offices of education for the 2008-09 fiscal
year, as necessary, if, during that fiscal year, the Controller has
disbursed funds from the appropriations reduced by the bill in
amounts greater than the amounts remaining in those appropriations
following the reductions and the Superintendent determines there is
no other way to recover the funds that have been disbursed during the
2008-09 fiscal year.
(31) This bill would set the cost-of-living adjustment for
community day schools, for specified items in the Budget Act of 2009,
and for specified items in the Budget Act of 2008 for the 2009-10
fiscal year at 0% notwithstanding the cost-of-living adjustment
specified in existing statutes.
(32) This bill would require funds appropriated pursuant to
specified items in the Budget Act of 2009 to be encumbered by July
31, 2010.
(1) The Motor Vehicle Fuel Tax Law imposes a tax of $0.18 per
gallon on motor vehicle fuel, commonly referred to as gasoline. The
Diesel Fuel Tax Law imposes a tax of $0.18 per gallon on diesel fuel.
These revenues, after certain deductions for nonhighway fuel uses,
are deposited in the Highway Users Tax Account. Approximately 1/3 of
the revenues in the account are apportioned by various formulas to
cities and counties, and most of the remaining revenues are deposited
in the State Highway Account after specified transfers to the
Bicycle Transportation Account and the State Parks and Recreation
Fund. Under Article XIX of the California Constitution, the portion
of fuel tax revenues that is derived from use in motor vehicles upon
public streets and highways is restricted for expenditure on street
and highway and certain mass transit guideway purposes, and up to 25%
of these and other vehicle-related revenues that are available for
street and highway purposes may be pledged or used for the payment of
principal and interest on voter-approved bonds issued for those
purposes.
This bill would modify the apportionment of fuel tax revenues
designated for street and highway and guideway purposes for the
2009-10 and 2010-11 fiscal years. For those years, the bill would
provide for 65% of revenues to be deposited in the State Highway
Account and 25% to be deposited in the Transportation Debt Service
Fund. Of the remaining 10% of revenue, additional fuel tax revenues
would be transferred to the Transportation Debt Service Fund in an
amount equivalent to 25% of vehicle weight fee revenues for the
2009-10 fiscal year only, certain amounts would be made available to
the Bicycle Transportation Account and the State Parks and Recreation
Fund, and the remaining revenues would be
apportioned to cities and counties by certain
formulas.
(2) Existing law, pursuant to Proposition 116 of 1990, creates the
Public Transportation Account as a trust fund in the State
Transportation Fund, provides that revenues are to be deposited in
that account from specified portions of the sales taxes on gasoline
and diesel fuel, and provides that moneys in the account are
available for expenditure only for transportation planning and mass
transportation purposes. Existing law creates the Mass Transportation
Fund in the State Treasury and provides that for the 2009-10 to
2012-13 fiscal years all of the gasoline sales tax revenues commonly
known as the "spillover" that would otherwise be deposited in the
Public Transportation Account shall be deposited instead in that
fund. Existing law specifies the transportation purposes that may be
funded by the fund, including payment of debt service on
transportation general obligation bonds by transfer of funds from the
Mass Transportation Fund to the Transportation Debt Service Fund.
Existing law creates the Transportation Debt Service Fund in the
State Treasury for the purpose, among other things, of using
transportation revenues rather than the General Fund for the payment
of debt service on transportation bonds or to reimburse the General
Fund in that regard.
This bill, for the 2009-10 fiscal year, would provide that up to
$225,044,000 from the Public Transportation Account may be used to
reimburse the General Fund for current debt service payments on
transit-related general obligation bonds and up to $101,826,000 from
that account may be used to reimburse the General Fund for
home-to-school transportation expenditures. The bill would also
provide for transfer from the Mass Transportation Fund to the
Transportation Debt Service Fund of any amount of the "spillover"
funds received during the 2009-10 to 2012-13 fiscal years necessary
to offset the cost of debt service payments made from the General
Fund during any fiscal year for transportation-related general
obligation bond expenditures.
This bill would also authorize the Director of Finance to
reimburse the General Fund, from revenues transferred to the
Transportation Debt Service Fund from the Highway Users Tax Account,
any amount necessary to offset the cost of debt service payments made
from the General Fund during any fiscal year for
transportation-related general obligation bond expenditures
consistent with specified provisions of Article XIX of the California
Constitution.
(3) Existing law establishes the Aeronautics Account in the State
Transportation Fund. Existing law imposes a per gallon jet fuel tax
on aircraft jet fuel dealers and requires that the funds be deposited
in the State Treasury to the credit of the Motor Vehicle Fuel
Account in the Transportation Tax Fund. Existing law requires that
moneys deposited to the credit of the Motor Vehicle Fuel Account
attributable to the distribution of motor vehicle fuel for use in
propelling an aircraft in the state be transferred to the Aeronautics
Account in the State Transportation Fund.
Existing law requires funds in the Aeronautics Account to be used
to pay the Controller and the State Board of Equalization for their
pro rata costs in carrying out the duties imposed on them by the
Motor Vehicle Fuel Tax Law and to pay the Department of
Transportation for the administration of the State Aeronautics Act.
Existing law allows the remaining balance of moneys in the account to
be used for preapproved eligible projects that are for airport and
aviation purposes, to make allocations to public entities for the
aquisition or development of airports if the department determines
that it is feasible, and to allow the California Transportation
Commission to provide local matching funds for federal Airport
Improvement Program Grants.
This bill would suspend these grants and funding programs for the
2009-10 fiscal year. The bill would require $4,000,000 to be
transferred from the Aeronautics Account to the General Fund, upon
the order of the Director of Finance. These provisions would be
repealed on January 1, 2011.
(4) Existing law, the Highway Safety, Traffic Reduction, Air
Quality, and Port Security Bond Act of 2006, authorizes the issuance
of general obligation bonds for various transportation purposes,
including $2,000,000,000 for local street and road improvement,
congestion relief, and traffic safety. Existing law requires a city
or city and county that receives an allocation of those funds in the
2008-09 fiscal year to agree to encumber the funds before July 1,
2009.
This bill would instead require a city or city and county that
receives an allocation of those funds in the 2008-09 fiscal year to
agree to encumber the funds before July 1, 2010.
(5) Existing law requires the Department of Transportation, in
consultation with transportation planning agencies, county
transportation commissions, counties, and cities, to carry out
long-term state highway system planning. Existing law authorizes the
department, to the extent that it does not jeopardize the delivery of
projects in the adopted state transportation improvement program, to
prepare a project studies report for capacity-increasing state
highway projects. Existing law requires the department to review
project studies reports performed by an entity other than the
department. Existing law authorizes a local entity to request the
department to prepare a project studies report for a
capacity-increasing state highway project that is being proposed for
inclusion in a future state transportation improvement program. If
the department determines that it cannot complete the report in a
timely fashion, existing law authorizes the requesting entity to
prepare the report.
This bill would require the department to be reimbursed by a
requesting entity for any work performed by the department when it
reviews or prepares these project studies reports.
(6) This bill would make other related changes.
(33)
(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 December 19, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 19, 2008,
pursuant to the California Constitution.
(34) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3 majority . Appropriation:
yes no . Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8879.65 of the
Government Code is amended to read:
8879.65. (a) Funds appropriated from the Local Street and Road
Improvement, Congestion Relief, and Traffic Safety Account of 2006,
established by subdivision (l) of Section 8879.23, shall be made
available to the Controller for allocation to cities, counties, and a
city and county. From bond funds appropriated in the 2007-08 fiscal
year for cities, including a city and county, each city, and city and
county, shall receive at least a minimum allocation of four hundred
thousand dollars ($400,000), as described in subparagraph (B) of
paragraph (1) of subdivision (l) of Section 8879.23. The remainder of
the funds appropriated for cities, including a city and county,
shall be allocated in the proportion described in subparagraph (B) of
paragraph (1) of subdivision (l) of Section 8879.23. In no case
shall a city, or a city and county, receive an allocation in excess
of its total share, as described in subdivision (l) of Section
8879.23, except as described in subdivision (d).
(b) Prior to receiving an allocation of funds from the Controller
in a fiscal year, an eligible local agency shall submit to the
Department of Finance a list of projects expected to be funded with
bond funds pursuant to an adopted city, county, or city and county
budget. All projects proposed to be funded with funds from the
account shall be included in a city, county, or city and county
budget that is adopted by the applicable city council or board of
supervisors at a regular public meeting. The list of projects
expected to be funded with bond funds shall include a description and
the location of the proposed project, a proposed schedule for the
project's completion, and the estimated useful life of the
improvement. The project list shall not limit the flexibility of an
eligible local agency to fund projects in accordance with local needs
and priorities so long as the projects are consistent with
subparagraph (B) of paragraph (1) of subdivision (l) of Section
8879.23.
(1) The Department of Finance shall report monthly to the
Controller the eligible local agencies that have submitted a list of
projects as described in this subdivision.
(2) Upon receipt of the information described in paragraph (1),
the Controller shall allocate funds to those agencies that have
submitted a list of projects, as reported by the Department of
Finance.
(c) Each fiscal year upon expending funds from the account, a
city, county, or city and county shall submit documentation to the
Department of Finance which includes a description and location of
each completed project, the amount of funds expended on the project,
the completion date, and the project's estimated useful life. The
documentation shall be forwarded to the department, in a manner and
form approved by the department, at the end of each fiscal year until
the funds in the account are exhausted. The department may post the
information contained in the documentation on the department's
official Web site.
(d) A city, county, or city and county receiving funds pursuant to
this section shall have three fiscal years to expend the funds
following the fiscal year in which the allocation was made by the
Controller, and any funds not expended within that period shall be
returned to the Controller and be reallocated to other cities,
counties, or a city and county, as applicable, pursuant to the
allocation formulas set forth in subparagraph (A) or (B) of paragraph
(1) of subdivision (l) of Section 8879.23, but excluding the
requirement for a minimum city allocation as described in
subparagraph (B) of paragraph (1) of that subdivision and section.
(e) Subject to the requirements and conditions of this section, it
is the intent of the Legislature to appropriate funds from the
account so that the Controller may allocate the balance of these
funds to eligible local agencies over the next four years, following
the 2007-08 fiscal year. Nothing in this section shall prevent the
Legislature from appropriating funds on a more expedited basis based
on local agency need.
(f) The sum of three hundred fifty million dollars ($350,000,000)
is hereby appropriated from funds in the Local Street and Road
Improvement, Congestion Relief, and Traffic Safety Account of 2006
created pursuant to subdivision (l) of Section 8879.23, for
allocation pursuant to this article, as an augmentation to the amount
appropriated in Item 9350-104-6065 of the Budget Act of 2007. The
total 2007-08 fiscal year appropriation of nine hundred fifty million
dollars ($950,000,000) shall be allocated as follows: four hundred
million dollars ($400,000,000) to counties and five hundred fifty
million dollars ($550,000,000) to cities.
(g) Notwithstanding the provisions of Item 9350-104-6065 of the
Budget Act of 2008, a city or city and county that receives any
portion of the funds appropriated by that item shall agree to
encumber the funds before July 1, 2010.
SEC. 2. Section 16965 of the Government
Code is amended to read:
16965. (a) The Transportation Debt Service Fund is hereby created
in the State Treasury. Moneys in the fund shall, among other things,
as provided in this section, be dedicated to payment of debt service
on bonds including bonds issued pursuant to the Clean Air and
Transportation Improvement Act of 1990 (Part 11.5 (commencing with
Section 99600) of Division 10 of the Public Utilities Code), the
Passenger Rail and Clean Air Bond Act of 1990 (Chapter 17 (commencing
with Section 2701) of Division 3 of the Streets and Highways Code),
and the Seismic Retrofit Bond Act of 1996 (Chapter 12.48 (commencing
with Section 8879) of Division 1 of Title 2). If the moneys in the
fund are insufficient to pay the balance of the debt consistent with
existing obligations, the General Fund will be used to pay the
balance of any debt service.
(b) (1) From moneys transferred to the fund pursuant to
subdivision (b) of Section 7103 of the Revenue and Taxation Code, the
Director of Finance is hereby authorized to reimburse the General
Fund for up to three hundred thirty-nine million two hundred
eighty-nine thousand three hundred forty-five dollars ($339,289,345)
for the purpose of offsetting the cost of debt service payments made
from the General Fund during the 2007-08 fiscal year for public
transportation-related general obligation bond expenditures in the
following amounts:
(A) Clean Air and Transportation Improvement Act of 1990, one
hundred twenty-three million nine hundred seventy-three thousand four
hundred ninety-three dollars ($123,973,493).
(B) Passenger Rail and Clean Air Bond Act of 1990, seventy million
nine hundred eighty-three thousand three hundred sixty-three dollars
($70,983,363).
(C) Seismic Retrofit Bond Act of 1996, one hundred forty-four
million three hundred thirty-two thousand four hundred eighty-nine
dollars ($144,332,489).
(2) From moneys transferred to the fund pursuant to subdivision
(b) of Section 7103 of the Revenue and Taxation Code, the Director of
Finance is hereby authorized to reimburse the General Fund in the
2007-08 fiscal year for two hundred million dollars ($200,000,000)
for the purpose of offsetting the cost of debt service payments made
in prior fiscal years from the General Fund for public
transportation-related general obligation bond expenditures.
(c) From moneys transferred to the fund pursuant to
subdivision subdivisions (c) and (d)
of Section 7103 of the Revenue and Taxation Code, the Director of
Finance is hereby authorized to reimburse the General Fund any amount
necessary to offset the cost of debt service payments made from the
General Fund during any fiscal year for transportation-related
general obligation bond expenditures.
(d) From moneys transferred to the fund pursuant to an annual
Budget Act or other statute from the State Highway Account in the
State Transportation Fund , or the Highway
Users Tax Account in the Transportation Tax Fund, the Director
of Finance is hereby authorized to reimburse the General Fund any
amount necessary to offset the cost of debt service payments made
from the General Fund during any fiscal year for
transportation-related general obligation bond expenditures
consistent with Article XIX of the California Constitution.
SEC. 3. Section 65086.5 of the
Government Code is amended to read:
65086.5. (a) To the extent that the work does not jeopardize the
delivery of the projects in the adopted state transportation
improvement program, the Department of Transportation may prepare a
project studies report for capacity-increasing state highway projects
that are not included in the state transportation improvement
program. Preparation of the project studies report shall be limited
by the resources available to the department for that work,
supplemented, as appropriate, by regional or local resources. The
project studies report shall include the project-related factors of
limits, description, scope, costs, and the amount of time needed for
initiating construction.
(b) Whenever project studies reports are performed by an entity
other than the Department of Transportation, the department shall
review and approve the report.
(c)
(b) The Department of Transportation may be requested
to prepare a project studies report for a capacity-increasing state
highway project which that is being
proposed for inclusion in a future state transportation improvement
program. The department shall have 30 days to determine whether it
can complete the requested report in a timely fashion. If the
department determines that it cannot complete the report in a timely
fashion, the requesting entity may prepare the report. Whenever
project studies reports are performed by an entity other than the
department, the department shall review and approve the report.
Upon submission of a project studies report to the department by the
entity, the department shall complete its review and provide its
comments to that entity within 60 days from the date of submission.
The department shall complete its review and final determination of a
report which has been revised to address the department's comments
within 30 days following submission of the revised report. The
department shall be reimbursed by the requesting entity for the work
performed pursuant to this subdivision.
(d)
(c) The Department of Transportation, in consultation
with representatives of cities, counties, and regional transportation
planning agencies, shall prepare draft guidelines for the
preparation of project studies reports by all entities. The
guidelines shall address the development of reliable cost estimates.
The department shall submit the draft guidelines to the California
Transportation Commission not later than July 1, 1991. The commission
shall adopt the final guidelines not later than October 1, 1991.
Guidelines adopted by the commission shall apply only to project
studies reports commenced after October 1, 1991.
SEC. 4. Section 21683.3 is added to the
Public Utilities Code , to read:
21683.3. (a) Notwithstanding any other provision of this article,
the grant or funding programs described in Sections 21682, 21683,
and 21683.1 are suspended for the 2009-10 fiscal year.
(b) Upon the order of the Director of Finance, the Controller
shall transfer four million dollars ($4,000,000) from the Aeronautics
Account to the General Fund.
(c) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 5. Section 99312 of the Public
Utilities Code is amended to read:
99312. The Except as provided in Sections
99311 and 99311.5, the funds transferred to
in the account pursuant to Section 7102 of the
Revenue and Taxation Code shall be made available for the
following purposes:
(a) Fifty percent for purposes of Section 99315.
(b) To the Controller, 25 percent for allocation to transportation
planning agencies, county transportation commissions, and the San
Diego Metropolitan Transit Development Board pursuant to Section
99314.
(c) To the Controller, 25 percent for allocation to transportation
agencies, county transportation commissions, and the San Diego
Metropolitan Transit Development Board for purposes of Section 99313.
(d) For the 2007-08 fiscal year, notwithstanding any other
provision of this section, or any other provision of law, the
allocations made pursuant to this section shall be adjusted as
follows:
(1) From the funds transferred to the account pursuant to
paragraph (1) of subdivision (a) of Section 7102 of the Revenue and
Taxation Code, fifty million dollars ($50,000,000) is hereby
appropriated to the Controller and shall be allocated pursuant to
subdivision (b); fifty million dollars ($50,000,000) is hereby
appropriated to the Controller and shall be allocated pursuant to
subdivision (c); and the remainder of revenue shall remain in the
Public Transportation Account to fund other state public
transportation priorities. The Controller shall make these
allocations in four equal quarterly amounts of twelve million five
hundred thousand dollars ($12,500,000), as achievable by the receipt
of the specified revenue.
(2) The amount appropriated in Item 2640-101-0046 of the Budget
Act of 2006 for state transit assistance pursuant to subdivision (b)
and (c) was greater than the amount of revenues received to support
state transit assistance pursuant to Section 7102 of the Revenue and
Taxation Code. Therefore, notwithstanding any other provision of law,
the amount that would have otherwise been available for
appropriation to state transit assistance in the 2007-08 fiscal year
pursuant to paragraphs (2) and (3) of subdivision (a) of Section 7102
of the Revenue and Taxation Code, shall be reduced by the excess
amount that was appropriated to state transit assistance in the
Budget Act of 2006, and that excess amount, as determined by the
Department of Finance, shall instead remain in the Public
Transportation Account to fund other state public transportation
priorities. The funding for state transit assistance as described in
this paragraph is hereby appropriated to the Controller for
allocation. The Controller shall attempt to spread this adjustment
equally over four quarterly payments, as achievable by revenue
estimates.
(e) For the 2008-09 fiscal year and thereafter, notwithstanding
any other provision of this section or any other provision of law,
and except as provided in subdivision (f), the funds transferred to
the account pursuant to paragraph (1) of subdivision (a) of Section
7102 of the Revenue and Taxation Code shall be made available for the
following purposes:
(1) For purposes of Section 99315, 33.34 percent, subject to
appropriation by the Legislature.
(2) To the Controller, 33.33 percent for allocation to
transportation planning agencies, county transportation commissions,
and the San Diego Metropolitan Transit Development Board pursuant to
Section 99314. These funds are hereby continuously appropriated for
purposes of this paragraph.
(3) To the Controller, 33.33 percent for the allocation to
transportation agencies, county transportation commissions, and the
San Diego Metropolitan Transit Development Board for purposes of
Section 99313. These funds are hereby continuously appropriated for
purposes of this paragraph.
(f) For the 2009-10 to 2012-13 fiscal years, inclusive,
notwithstanding any other provision of this section or any other
provision of law, the funds transferred to in
the account pursuant to Section 7102 of the Revenue
and Taxation Code subject to this section shall
be made available only for purposes of Section 99315, subject to
appropriation by the Legislature.
SEC. 6. Section 99315 of the Public
Utilities Code is amended to read:
99315. Funds made available pursuant to subdivision (a) of
Section 99312, shall be available for all of the following purposes:
(a) To the department for bus and passenger rail services pursuant
to Sections 14035, 14035.5, and 14038 of the Government Code.
(b) To the department for funding of public transit capital
improvement projects in the state transportation improvement program,
pursuant to Section 14529 of the Government Code.
(c) To the department for its planning activities not payable from
the State Highway Account in the State Transportation Fund, its mass
transportation responsibilities, and its assistance in regional
transportation planning.
(d) To the department for allocation by the director to the
Institute of Transportation Studies of the University of California
for training and research in public transportation systems
engineering and management and coordination with other transportation
modes.
(e) To the commission for its activities not payable from the
State Highway Account.
(f) To the Public Utilities Commission for its passenger rail
safety responsibilities specified in statute on commuter rail,
intercity rail, and urban rail transit lines.
(g) To the State Department of Developmental Services for funding
of regional center transportation.
(h) To the Department of Education for funding of home-to-school
transportation, pursuant to Article 10 (commencing with Section
41850) of Chapter 5 of, and Small School District Transportation,
pursuant to Article 4.5 (commencing with Section 42290) of Chapter 7
of, Part 24 of Division 3 of Title 2 of the Education Code. For
the 2009- 10 fiscal year, the Director of Finance is
authorized to reimburse up to one hundred one million eight hundred
twenty- six thousand dollars ($101,826,000) in General
Fund expenditures for home-to-school transportation.
(i) To reimburse the General Fund for current debt service
payments on transit-related general obligation bonds. For the 2009-10
fiscal year, the Director of Finance is authorized to reimburse up
to two hundred twenty-five million forty-four thousand dollars
($225,044,000) in General Fund expenditures for this purpose.
SEC. 7. Section 7103 of the Revenue and
Taxation Code is amended to read:
7103. (a) The Mass Transportation Fund is hereby created in the
State Treasury. Upon appropriation by the Legislature, moneys in the
Mass Transportation Fund may be used for, but shall not necessarily
be limited to, the following transportation purposes:
(1) Payment of debt service on transportation bonds, or
reimbursement to the General Fund for past debt service payments on
transportation bonds.
(2) Funding of the Department of Developmental Services for
regional center transportation.
(3) Reimbursement to the General Fund for payments made by the
General Fund pursuant to subdivision (f) of Section 1 of Article XIX
B of the California Constitution.
(4) Funding of home-to-school transportation, pursuant to Article
10 (commencing with Section 41850) of Chapter 5 of Part 24 of the
Education Code, and Small School District Transportation, pursuant to
Article 4.5 (commencing with Section 42290) of Chapter 7 of Part 24
of the Education Code.
(b) From moneys transferred to the fund pursuant to subparagraph
(G) of paragraph (1) of subdivision (a) of Section 7102 in the
2007-08 fiscal year, the sum of five hundred thirty-nine million two
hundred eighty-nine thousand three hundred forty-eight dollars
($539,289,348) shall be transferred to the Transportation Debt
Service Fund, and the sum of eighty-two million six hundred
seventy-eight thousand dollars ($82,678,000) may be reimbursed by the
Director of Finance in the 2007-08 fiscal year for the purpose of
offsetting payments made by the General Fund pursuant to subdivision
(f) of Section 1 of Article XIX B of the California Constitution.
(c) From moneys transferred to the fund pursuant to subparagraph
(H) of paragraph (1) of subdivision (a) of Section 7102 in the
2008-09 fiscal year, the sum of eighty-two million six hundred
seventy-eight thousand dollars ($82,678,000) may be reimbursed by the
Director of Finance for the purpose of offsetting payments made by
the General Fund pursuant to subdivision (f) of Section 1 of Article
XIX B of the California Constitution, and the Director of Finance may
transfer any funds remaining in the fund after this reimbursement of
the General Fund to the Transportation Debt Service Fund.
(d) From moneys transferred to the fund pursuant to subparagraph
(I) of paragraph (1) of subdivision (a) of Section 7102, the Director
of Finance may transfer to the Transportation Debt Service Fund any
amount necessary to offset the cost of debt service payments made
from the General Fund during any fiscal year for
transportation-related general obligation bond expenditures.
SEC. 8. Section 2102 of the Streets and
Highways Code is amended to read:
2102. Net revenue derived from a tax means the amount of revenue
derived from a tax that is deposited into the Highway Users Tax
Account in the Transportation Tax Fund , less expenditures made
from that account by the Controller for the purposes of
administering the account .
SEC. 9. Section 2103 of the Streets and
Highways Code is amended to read:
2103. (a) At least 90 percent of the
balance deposited to the credit of the Highway Users Tax Account in
the Transportation Tax Fund by the 28th day of each month shall be
apportioned by the State Controller by the second working day
thereafter, except for June, in which case the apportionment shall be
made the same day. These apportionments shall be made as provided
for in Sections 2104 to 2122, inclusive. If information is not
available to make the apportionment as required, the apportionment
shall be made on the basis of the information of the previous month.
Amounts not apportioned shall be included in the apportionment of the
subsequent month.
(b) Notwithstanding anything in subdivision (a) or this chapter to
the contrary, for the 2009-10 and 2010-11 fiscal years, the net
revenue in the Highway Users Tax Account in the Transportation Tax
Fund shall be apportioned by the Controller as follows:
(1) Sixty-five percent of net revenues shall be transferred to the
State Highway Account in the State Transportation Fund for
expenditure in accordance with Section 163.
(2) Twenty-five percent of net revenues shall be transferred to
the Transportation Debt Service Fund for purpose of payment of
principal and interest on voter-approved bonds, consistent with
Section 5 of Article XIX of the California Constitution, subject to
appropriation by the Legislature.
(3) For the 2009-10 fiscal year only, an amount equal to 25
percent of the revenues received by the Department of Motor Vehicles
from vehicle weight fees pursuant to Section 9400 of the Vehicle Code
and deposited in the State Highway Account pursuant to Section 42205
of the Vehicle Code shall be transferred from net revenue in the
Highway Users Tax Account to the Transportation Debt Service Fund for
the purpose of payment of principal and interest on voter-approved
bonds, consistent with Section 5 of Article XIX of the California
Constitution, subject to appropriation by the Legislature.
(4) The sum of six hundred thousand dollars ($600,000) per month
shall be transferred to the Bicycle Transportation Account in the
State Transportation Fund.
(5) The sum appropriated by the Legislature in the annual Budget
Act pursuant to Section 2107.7 shall be transferred to the State
Parks and Recreation Fund.
(6) The money remaining after the transfers in paragraphs (1) to
(5), inclusive, shall be apportioned, as follows:
(A) Fifty and eight-tenths percent of the funds available shall be
apportioned among the counties, as follows:
(i) Seventy-five percent of the funds payable under this
subparagraph shall be apportioned among the counties monthly in the
respective proportions that the number of fee-paid and exempt
vehicles that are registered in each county bears to the total number
of fee-paid and exempt vehicles registered in the state. In that
regard, the Department of Motor Vehicles shall, as soon as possible
after the last day of each calendar month, furnish to the Controller
a verified statement showing the number of fee-paid and exempt
vehicles that are registered in each county and in the state as of
the last day of the calendar month as reflected by the records of the
Department of Motor Vehicles.
(ii) Twenty-five percent of the funds payable under this
subparagraph shall be apportioned among the counties monthly in the
respective proportions that the number of miles of maintained county
roads in each county bears to the total number of miles of maintained
county roads in the state.
(B) Forty-nine and two-tenths percent of the funds available shall
be apportioned among the cities, including a city and county, in the
respective proportions that the total population of the city bears
to the total population of all of the cities in the state.
(c) All other provisions of this chapter, to the extent not
inconsistent with subdivision (b), shall continue to apply for the
2009-10 and 2010-11 fiscal years.
SEC. 10. Section 2104.1 of the Streets
and Highways Code is amended to read:
2104.1. The Controller shall deduct annually, from the amount
apportioned pursuant to Section 2104 or subparagraph (A) of
paragraph (6) of subdivision (b) of Section 2103, as applicable
, the amount identified as applicable to counties in the report
submitted in the preceding fiscal year pursuant to Section 191, and
shall transfer the amount to the State Highway Account.
SEC. 11. Section 2106.3 of the
Streets and Highways Code is amended to read:
2106.3. If Los Angeles County elects to allocate any portion of
the revenues it receives pursuant to Section 2104 or 2106
this chapter to the cities within the county
under any program in which those revenues are allocated to at least
70 percent of the cities, it shall make allocations to each city
within the county based on the two following equally weighted
factors:
(1) The population of the city to the total population of all the
cities in the county.
(2) The city street mileage to the total street mileage of all the
cities in the county, as determined from the county master plan.
SEC. 12. Section 2106.4 of the Streets
and Highways Code is amended to read:
2106.4. From funds apportioned to the County of Los Angeles
pursuant to Sections 2104, 2105, and 2106
this chapter , or from other transportation funds available to
the county, or from any combination of those funds, as determined by
the county, the county shall, beginning in the 1996-97 fiscal year,
commence the annual transfer to the Los Angeles County Metropolitan
Transportation Authority of funds in an amount calculated to
amortize, in equal annual installments over a 5-year period, the
amount by which fiscal realignment revenues deposited in the county
general fund exceed fifty million dollars ($50,000,000). The highest
priority for the use of the remaining funds apportioned to the county
pursuant to this chapter shall be for safety and for maintenance of
county facilities in urban areas with the highest backlog of
maintenance and rehabilitation needs.
SEC. 13. Section 2107.1 of the Streets
and Highways Code is amended to read:
2107.1. Any city or city and county may apply to the United
States Bureau of Census to determine its population. Upon receipt
from the bureau of its determination of population, the city or city
and county may, at its option, file a certified copy of the
determination with the Controller.
All apportionments and payments to a city or city and county
made under Section 2107 this chapter
and all payments under Section 11005 of the
Revenue and Taxation Code for any apportionment made
beginning with the month following the filing of the
determination shall be based upon the population so determined until
such time as a subsequent determination is made by the bureau and a
certified copy is filed by the city or city and county with the
Controller or a certified copy of a subsequent estimate or census
result validated by the Department of Finance is filed with the
Controller as provided in Section 2107.2. For the purposes of this
section, a written or telegraphic certification from the Director of
the Census to the Controller of the determination of population may
be accepted by the Controller in lieu of the filing by the city or
city and county of the certified copy of the determination.
The cost of any determination by the United States Bureau of
Census or by the Department of Finance is a proper charge against the
city or city and county applying therefor and shall be paid by it to
the bureau or to the department.
This section does not apply to counties.
SEC. 14. Section 2107.2 of the Streets
and Highways Code is amended to read:
2107.2. Any city or city and county may apply to the population
research unit of the Department of Finance to estimate its population
or the population of any inhabited territory annexed to the city
subsequent to the last federal or state census validated by the
population research unit of the Department of Finance. The department
may make the estimate if in the opinion of the department there is
available adequate information upon which to base the estimate. The
department may develop or contract for the development of additional
information if, in the opinion of the department, additional
information may make an estimate feasible. Not less than 25 days nor
more than 30 days after the completion of the estimate, the
Department of Finance shall file a certified copy thereof with the
Controller if the estimate is greater than the current certified
population.
All apportionments and payments to a city or city and county
under Section 2107 this chapter
and all payments under Section 11005 of the
Revenue and Taxation Code for any apportionment
made beginning with the month following the filing of the estimate
shall be based upon the population so estimated until a subsequent
estimate is made by the department and a certified copy is filed with
the Controller or a subsequent determination is made by the United
States Bureau of the Census and a certified copy is filed by the city
or city and county with the Controller as provided in Section
2107.1.
The Department of Finance may assess a reasonable charge, not to
exceed the actual cost thereof, for the preparation of population
estimates pursuant to this section, which is a proper charge against
the city or city and county applying therefor. The amount received
shall be deposited in the State Treasury as a reimbursement to be
credited to the appropriation from which the expenditure is made.
No more than one estimate of its total population shall be filed
each fiscal year for each city or city and county.
As of May 1, 1988, any population estimate prepared by the
Department of Finance pursuant to Section 2227 of the Revenue and
Taxation Code may be used for all purposes of this section unless a
written request not to certify is received by the department from the
city or city and county within 25 days of completion of the
estimate.
SEC. 15. Section 2107.3 of the Streets
and Highways Code is amended to read:
2107.3. The incorporation of a new city, or any annexation or
exclusion of territory to or from an existing city, shall be
considered for the purpose of apportionment of funds to cities
and cities and counties pursuant to Section 2107
this chapter . The revenue shall be apportioned
among the cities and cities and counties monthly as
revenues are received in the Highway Users Tax Fund
Account . Any newly incorporated city or any
increase in population due to annexation shall be included in the
monthly apportionment following such incorporation or annexation.
In the event of the disincorporation of a city, or in the event
the incorporation of a city is adjudged invalid, any funds
apportioned pursuant to Section 2107 this
chapter to such that city, but
which that are unexpended, shall revert
to the Highway Users Tax Fund Account
and shall be reapportioned to all other cities and cities and
counties pursuant to Section 2107 this
chapter .
The Controller shall not be required to reapportion funds
previously apportioned for expenditure in the different cities of the
state by reason of any subsequent incorporation, invalidation of
incorporation, annexation or exclusion of territory.
SEC. 16. Section 2107.6 of the Streets
and Highways Code is amended to read:
2107.6. The Controller shall deduct annually, from the amount
apportioned pursuant to Section 2107 or subparagraph (B) of
paragraph (6) of subdivision (b) of Section 2103, as applicable
, the amount identified as applicable to cities in the report
submitted in the preceding fiscal year pursuant to Section 191, and
shall transfer the amount to the State Highway Account.
SEC. 17. Section 2109 of the Streets
and Highways Code is amended to read:
2109. State highways shall be maintained, constructed, and
improved out of the moneys received in the State Highway Account
under Section 2108 this chapter .
Notwithstanding Section 81, the department is not required to
maintain any route, or portion of a route, added after January 1,
1947, until it has been laid out and constructed as a state highway.
SEC. 18. Section 2111 of the Streets
and Highways Code is amended to read:
2111. Apportionments from the Highway Users Tax Fund
Account under this chapter shall not be made to
any incorporated city the streets of which are not public streets or
which has not held an election of municipal officers within a period
of 10 years preceding the date of such apportionment. Apportionments
heretofore accumulated for expenditure within any such city shall be
reapportioned to all other cities and cities and counties in the
manner provided by Sections 2106 and 2107, respectively
this chapter .
SEC. 19. Section 2112 of the Streets
and Highways Code is amended to read:
2112. No money apportioned from the Highway Users Tax
Fund as provided in Section 2106 or 2107 Account to
cities or counties shall be used for the construction or
improvement of any highway or street if the contract for such
construction or improvement specifies the use of any patented or
proprietary paving material, unless the contract has been awarded to
the lowest responsible bidder therefor after alternate bids have been
called for and opportunity afforded for bids to be submitted for
nonpatented or nonproprietary paving material in competition with an
equal thickness and like design of such patented or proprietary
paving material. This section shall not be deemed nor construed to
prohibit the use of any patented or proprietary paving material in
the maintenance of any highway or street when such highway or street
was constructed of such material and, in the opinion of the body,
board or officer ordering such maintenance, it would be impractical
to use a different paving material for such maintenance.
SEC. 20. Section 2113 of the Streets
and Highways Code is amended to read:
2113. No apportionment of money from the Highway Users Tax
Fund as provided in Section 2106 or 2107
Account shall be made to a city unless the city has set up by
ordinance a "special gas tax street improvement fund."
All apportionments of such moneys shall be deposited in the
"special gas tax street improvement fund."
In making any expenditure a city shall follow the law governing it
in regard to the doing of the particular type of work in cases which
are not exclusively municipal affairs.
No state officer or employee shall be liable for anything done, or
omitted to be done, by any city in the performance of any work.
Interest received by a city from the investment of money in its
special gas tax street improvement fund shall be deposited in the
fund and shall be used for street purposes.
SEC. 21. Section 2114 of the Streets
and Highways Code is amended to read:
2114. Contracts for any construction and improvement projects on
city streets for which funds apportioned to cities from
the Highway Users Tax Fund as provided in Section 2106 or
2107 Account may be expended during any fiscal
year may be awarded on and after the first day of January preceding
the beginning of the fiscal year.
SEC. 22. Section 2115 of the Streets
and Highways Code is amended to read:
2115. To permit the accomplishment of major cooperative street or
highway projects in their entirety, the legislative body of a county
or city may authorize the Controller to accumulate moneys accruing
to the county or city over a period of time from the Highway Users
Tax Fund pursuant to Section 2106 or 2107
Account .
SECTION 1. Section 1240.3 is added to the
Education Code, to read:
1240.3. (a) For the purposes of Section 1240, for the 2008-09 and
2009-10 fiscal years, sufficient textbooks or instructional
materials include standards-aligned textbooks or instructional
materials, or both, that were adopted prior to July 1, 2008, by the
state board or local educational agency pursuant to statute, unless
those local educational agencies purchased or arranged to purchase
textbooks or instructional materials adopted by the state board after
that date. It is the intent of the Legislature that each local
educational agency provide each pupil 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.
(b) Notwithstanding Section 1240 or any other law, for the 2008-09
and 2009-10 fiscal years, a county superintendent of schools, in
making visits to schools as specified in Section 1240, shall
determine the status of sufficient textbooks as defined in
subdivision (a).
(c) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute that
is enacted before January 1, 2011, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 2. Section 2558.46 of the Education Code
is amended to read:
2558.46. (a) (1) For the 2003-04 fiscal year, the revenue limit
for each county superintendent of schools determined pursuant to this
article shall be reduced by a 1.195 percent deficit factor.
(2) For the 2004-05 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced by a 0.323 percent deficit factor.
(3) For the 2003-04 and 2004-05 fiscal years, the revenue limit
for each county superintendent of schools determined pursuant to this
article shall be reduced further by a 1.826 percent deficit factor.
(4) For the 2005-06 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced further by a 0.898 percent deficit factor.
(5) For the 2008-09 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced by a 7.839 percent deficit factor.
(6) For the 2009-10 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced by a 13.360 percent deficit factor.
(b) In computing the revenue limit for each county superintendent
of schools for the 2006-07 fiscal year pursuant to this article, the
revenue limit shall be determined as if the revenue limit for that
county superintendent of schools had been determined for the 2003-04,
2004-05, and 2005-06 fiscal years without being reduced by the
deficit factors specified in subdivision (a).
(c) In computing the revenue limit for each county superintendent
of schools for the 2010-11 fiscal year pursuant to this article, the
revenue limit shall be determined as if the revenue limit for that
county superintendent of schools had been determined for the 2009-10
fiscal year without being reduced by the deficit factors specified in
subdivision (a).
SEC. 3. Section 14041.5 of the Education Code
is amended to read:
14041.5. (a) Notwithstanding subdivision (a) of Section 14041,
commencing with the 2002-03 fiscal year, warrants for the principal
apportionments for the month of June instead shall be drawn in July
of the same calendar year pursuant to the certification made pursuant
to Section 41335.
(b) Except as provided in subdivisions (c) and (d), for purposes
of making the computations required by Section 8 of Article XVI of
the California Constitution, the warrants drawn pursuant to
subdivision (a) shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 for the fiscal year in which the warrants are drawn and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B" as defined in subdivision
(e) of Section 41202, for the fiscal year in which the warrants are
drawn.
(c) For the 2003-04 school year, the amount of apportionments for
revenue limits computed pursuant to Section 42238 from any of the
apportionments made pursuant to Section 14041 that are deemed
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202 for the following fiscal year
and included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B" as defined in subdivision
(e) of Section 41202, for the 2004-05 fiscal year shall be seven
hundred twenty-six million two hundred seventy thousand dollars
($726,270,000). Any amount in excess of seven hundred twenty-six
million two hundred seventy thousand dollars ($726,270,000) that is
apportioned in July of 2004 is deemed "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 for the 2003-04 fiscal year and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B" as defined in subdivision (e) of Section 41202,
for the 2003-04 fiscal year.
(d) For the 2004-05 school year to the 2007-08 school year,
inclusive, the amount of apportionments for revenue limits computed
pursuant to Section 42238 from any of the apportionments made
pursuant to Section 14041 that are deemed "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 for the following fiscal year and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B" as defined in subdivision (e) of Section 41202,
for the following fiscal year shall be seven hundred fifteen million
one hundred eighteen thousand dollars ($715,118,000). Any amount in
excess of seven hundred fifteen million one hundred eighteen thousand
dollars ($715,118,000) that is apportioned in July of any year is
deemed "General Fund revenues appropriated for school districts," as
defined in subdivision (c) of Section 41202 for the prior fiscal year
and included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B" as defined in subdivision
(e) of Section 41202, for the prior fiscal year.
(e) For the 2008-09 school year, and each school year thereafter,
the amount of apportionments for revenue limits computed pursuant to
Section 42238 from any of the apportionments made pursuant to Section
14041 that are deemed "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202 for the
following fiscal year and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B" as defined
in subdivision (e) of Section 41202, for the following fiscal year
shall be one billion one hundred one million six hundred fifty-five
thousand dollars ($1,101,655,000). Any amount in excess of one
billion one hundred one million six hundred fifty-five thousand
dollars ($1,101,655,000) that is apportioned in July of any year is
deemed "General Fund revenues appropriated for school districts," as
defined in subdivision (c) of Section 41202 for the prior fiscal year
and included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B" as defined in subdivision
(e) of Section 41202, for the prior fiscal year.
SEC. 4. Section 14041.6 is added to the
Education Code, to read:
14041.6. (a) Notwithstanding subdivision (a) of Section 14041, or
any other law, commencing with the 2008-09 fiscal year, warrants for
the principal apportionments for the month of February in the amount
of two billion dollars ($2,000,000,000) instead shall be drawn in
July of the same calendar year pursuant to the certification made
pursuant to Section 41339.
(b) Except as provided in subdivisions (c) and (e) of Section
41202, for purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the warrants drawn
pursuant to subdivision (a) shall be deemed to be "General Fund
revenues appropriated to school districts," as defined in subdivision
(c) of Section 41202, for the fiscal year in which the warrants are
drawn and included within the "total allocations to school districts
and community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202, for the fiscal year in which the warrants are
drawn.
SEC. 5. Section 17070.766 is added to the
Education Code, to read:
17070.766. Notwithstanding paragraph (2) of subdivision (b) of
Section 17070.75, for the 2008-09, 2009-10, 2010-11, 2011-12, and
2012-13 fiscal years, the board shall require a school district to
deposit into the account established pursuant to paragraph (1) of
subdivision (b) of Section 17070.75 only an amount equal to 1 percent
of the total expenditures by a district from its general fund in the
2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 fiscal years
respectively. A school district may elect to deposit into the account
an amount that is greater than the amount required by the board
pursuant to this section.
SEC. 6. Section 17584.1 of the Education Code is
amended to read:
17584.1. (a) The governing board of a school district shall
discuss proposals and plans for expenditure of funds for the deferred
maintenance of school district facilities at a regularly scheduled
public hearing.
(b) The purposes of this section are to inform the public
regarding the local decisionmaking process relating to the deferred
maintenance of school facilities and to provide a foundation for
local accountability in that regard.
(c) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 7. Section 17584.1 is added to the
Education Code, to read:
17584.1. (a) The governing board of a school district shall
discuss proposals and plans for expenditure of funds for the deferred
maintenance of school district facilities at a regularly scheduled
public hearing.
(b) In any fiscal year that the school district does not set aside
0.5 percent of its current-year revenue limit average daily
attendance for deferred maintenance, the governing board of a school
district shall submit a report to the Legislature by March 1 of that
year, with copies to the Superintendent, the state board, the
Department of Finance, and the State Allocation Board.
(c) The report required pursuant to subdivision (b) shall include
all of the following:
(1) A schedule of the complete school facilities deferred
maintenance needs of the school district for the current fiscal year,
including a schedule of costs per schoolsite and total costs.
(2) A detailed description of the school district's spending
priorities for the current fiscal year and an explanation of why
those priorities, or any other considerations, have prevented the
school district from setting aside sufficient local funds so as to
permit it to fully fund its deferred maintenance program and, if
eligible, to participate in the state deferred maintenance funding
program as set forth in Section 17584.
(3) An explanation of the manner in which the governing board of a
school district plans to meet its current-year facilities deferred
maintenance needs without setting aside the funds set forth in
Section 17584.
(d) Copies of the report shall be made available at each
schoolsite within the school district, and shall be provided to the
public upon request.
(e) The purposes of this section are to inform the public
regarding the local decisionmaking process relating to the deferred
maintenance of school facilities and to provide a foundation for
local accountability in that regard.
(f) This section shall become operative on July 1, 2013.
SEC. 8. Section 17592.71 of the Education Code
is amended to read:
17592.71. (a) There is hereby established in the State Treasury
the School Facilities Emergency Repair Account. The State Allocation
Board shall administer the account.
(b) (1) Commencing with the 2005-06 fiscal year, an amount of
moneys shall be transferred in the annual Budget Act from the
Proposition 98 Reversion Account to the School Facilities Emergency
Repair Account,
equaling 50 percent of the unappropriated balance of the Proposition
98 Reversion Account or one hundred million dollars ($100,000,000),
whichever amount is greater. Moneys transferred pursuant to this
subdivision shall be used for the purpose of addressing emergency
facilities needs pursuant to Section 17592.72.
(2) Notwithstanding paragraph (1), for the 2008-09 fiscal year,
the amount of money to be transferred from the Proposition 98
Reversion Account to the School Facilities Emergency Repair Account
pursuant to paragraph (1) shall not exceed one hundred one million
dollars ($101,000,000).
(3) Notwithstanding paragraph (1), for the 2009-10 fiscal year,
the amount of money to be transferred from the Proposition 98
Reversion Account to the School Facilities Emergency Repair Account
pursuant to paragraph (1) shall be zero.
(c) The Legislature may transfer to the School Facilities
Emergency Repair Account other one-time Proposition 98 funds, except
funds specified pursuant to Section 41207. Donations by private
entities shall be deposited in the account and, for tax purposes, be
treated as otherwise provided by law.
(d) Funds shall be transferred pursuant to this section until a
total of eight hundred million dollars ($800,000,000) has been
disbursed from the School Facilities Emergency Repair Account.
SEC. 9. Section 17592.74 is added to the
Education Code, to read:
17592.74. Notwithstanding any other law, the funds provided to
school districts from the School Facilities Emergency Repair Account
pursuant to this article for the purpose of emergency repair grants
shall not be used to do either of the following:
(a) Supplant funds provided to local educational agencies for the
deferred maintenance of school facilities pursuant to Sections 17584
and 17587.
(b) Be deposited into a school district deferred maintenance fund
for the purposes established pursuant to Section 17582.
SEC. 10. Section 41203.1 of the Education Code
is amended to read:
41203.1. (a) For the 1990-91 fiscal year and each fiscal year
thereafter, allocations calculated pursuant to Section 41203 shall be
distributed in accordance with calculations provided in this
section. Notwithstanding Section 41203, and for the purposes of this
section, school districts, community college districts, and direct
elementary and secondary level instructional services provided by the
State of California shall be regarded as separate segments of public
education, and each of these three segments of public education
shall be entitled to receive respective shares of the amount
calculated pursuant to Section 41203 as though the calculation made
pursuant to subdivision (b) of Section 8 of Article XVI of the
California Constitution were to be applied separately to each segment
and the base year for the purposes of this calculation under
paragraph (1) of subdivision (b) of Section 8 of Article XVI of the
California Constitution were based on the 1989-90 fiscal year.
Calculations made pursuant to this subdivision shall be made so that
each segment of public education is entitled to the greater of the
amounts calculated for that segment pursuant to paragraph (1) or (2)
of subdivision (b) of Section 8 of Article XVI of the California
Constitution.
(b) If the single calculation made pursuant to Section 41203
yields a guaranteed amount of funding that is less than the sum of
the amounts calculated pursuant to subdivision (a), the amount
calculated pursuant to Section 41203 shall be prorated for the three
segments of public education.
(c) Notwithstanding any other law, this section does not apply to
the 1992-93 to 2009-10 fiscal years, inclusive.
SEC. 11. Section 41207.3 is added to the
Education Code, to read:
41207.3. (a) If the Superintendent and the Director of Finance
jointly determine that, for the 2008-09 fiscal year, the state has
applied moneys for the support of school districts and community
college districts in an amount that exceeds the minimum amount
required for that fiscal year pursuant to Section 8 of Article XVI of
the California Constitution, the excess, up to one billion one
hundred million five hundred ninety thousand dollars
($1,100,590,000), shall be deemed, as of June 30 of that fiscal year,
a payment in satisfaction of the outstanding balance of the minimum
funding obligation under that section for the 2002-03 and 2003-04
fiscal years in accordance with the following:
(1) The first four hundred eighty-three million sixteen thousand
dollars ($483,016,000) in payment of the outstanding balance of the
minimum funding obligation for the 2002-03 fiscal year.
(2) The next six hundred seventeen million five hundred
seventy-four thousand dollars ($617,574,000) in payment of the
outstanding balance of the minimum funding obligation for the 2003-04
fiscal year.
(b) For purposes of this section, the outstanding balance of the
minimum funding obligation to school districts and community college
districts pursuant to Section 8 of Article XVI of the California
Constitution for a fiscal year is the amount, if any, by which the
amount required to be applied by the state for the support of school
districts and community college districts pursuant to Section 8 of
Article XVI of the California Constitution, including any maintenance
factor that should have been allocated in that fiscal year pursuant
to subdivision (e) of Section 8 of Article XVI, exceeds the amount
applied by the state for the support of school districts and
community college districts for that fiscal year.
(c) The amounts allocated pursuant to this section shall be
deemed, for purposes of Section 8 of Article XVI of the California
Constitution, to be appropriations made and allocated in the fiscal
year in which the deficiencies resulting in the outstanding balance
were incurred. When the amount determined to be owed for each such
fiscal year is fully allocated pursuant to this subdivision, the data
used in the computations made under this section with regard to the
total amount owed by the state for the support of school districts
and community college districts pursuant to Section 8 of Article XVI
of the California Constitution for that fiscal year, including as
much of the maintenance factor for that fiscal year determined
pursuant to subdivision (d) of Section 8 of Article XVI as has been
allocated as required by subdivision (e) of Section 8 of Article XVI
by virtue of the allocations made under this section, shall be deemed
certified for purposes of Section 41206.
(d) The amount described in subdivision (a) shall be deemed a
payment in full satisfaction of the amounts owed pursuant to Section
41207.
SEC. 12. Section 42238 of the Education Code is
amended to read:
42238. (a) For the 1984-85 fiscal year and each fiscal year
thereafter, the county superintendent of schools shall determine a
revenue limit for each school district in the county pursuant to this
section.
(b) The base revenue limit for a fiscal year shall be determined
by adding to the base revenue limit for the prior fiscal year the
following amounts:
(1) The inflation adjustment specified in Section 42238.1.
(2) For the 1995-96 fiscal year, the equalization adjustment
specified in Section 42238.4.
(3) For the 1996-97 fiscal year, the equalization adjustments
specified in Sections 42238.41, 42238.42, and 42238.43.
(4) For the 1985-86 fiscal year, the amount received per unit of
average daily attendance in the 1984-85 fiscal year pursuant to
Section 42238.7.
(5) For the 1985-86, 1986-87, and 1987-88 fiscal years, the amount
per unit of average daily attendance received in the prior fiscal
year pursuant to Section 42238.8.
(6) For the 2004-05 fiscal year, the equalization adjustment
specified in Section 42238.44.
(7) For the 2006-07 fiscal year, the equalization adjustment
specified in Section 42238.48.
(8) For the 2011-12 fiscal year, the equalization adjustment
specified in Section 42238.49.
(c) Except for districts subject to subdivision (d), the base
revenue limit computed pursuant to subdivision (b) shall be
multiplied by the district average daily attendance computed pursuant
to Section 42238.5.
(d) (1) For districts for which the number of units of average
daily attendance determined pursuant to Section 42238.5 is greater
for the current fiscal year than for the 1982-83 fiscal year, compute
the following amount, in lieu of the amount computed pursuant to
subdivision (c):
(A) Multiply the base revenue limit computed pursuant to
subdivision (c) by the average daily attendance computed pursuant to
Section 42238.5 for the 1982-83 fiscal year.
(B) Multiply the lesser of the amount in subdivision (c) or 1.05
times the statewide average base revenue limit per unit of average
daily attendance for districts of similar type for the current fiscal
year by the difference between the average daily attendance computed
pursuant to Section 42238.5 for the current and 1982-83 fiscal
years.
(C) Add the amounts in subparagraphs (A) and (B).
(2) This subdivision shall become inoperative on July 1, 1998.
(e) For districts electing to compute units of average daily
attendance pursuant to paragraph (2) of subdivision (a) of Section
42238.5, the amount computed pursuant to Article 4 (commencing with
Section 42280) shall be added to the amount computed in subdivision
(c) or (d), as appropriate.
(f) For the 1984-85 fiscal year only, the county superintendent
shall reduce the total revenue limit computed in this section by the
amount of the decreased employer contributions to the Public
Employees' Retirement System resulting from enactment of Chapter 330
of the Statutes of 1982, offset by any increase in those
contributions, as of the 1983-84 fiscal year, resulting from
subsequent changes in employer contribution rates.
(g) The reduction required by subdivision (f) shall be calculated
as follows:
(1) Determine the amount of employer contributions that would have
been made in the 1983-84 fiscal year if the applicable Public
Employees' Retirement System employer contribution rate in effect
immediately prior to the enactment of Chapter 330 of the Statutes of
1982 was in effect during the 1983-84 fiscal year.
(2) Subtract from the amount determined in paragraph (1) the
greater of subparagraph (A) or (B):
(A) The amount of employer contributions that would have been made
in the 1983-84 fiscal year if the applicable Public Employees'
Retirement System employer contribution rate in effect immediately
after the enactment of Chapter 330 of the Statutes of 1982 was in
effect during the 1983-84 fiscal year.
(B) The actual amount of employer contributions made to the Public
Employees' Retirement System in the 1983-84 fiscal year.
(3) For purposes of this subdivision, employer contributions to
the Public Employees' Retirement System for either of the following
shall be excluded from the calculation specified above:
(A) Positions supported totally by federal funds that were subject
to supplanting restrictions.
(B) Positions supported, to the extent of employer contributions
not exceeding twenty-five thousand dollars ($25,000) by any single
educational agency, from a revenue source determined on the basis of
equity to be properly excludable from the provisions of this
subdivision by the Superintendent with the approval of the Director
of Finance.
(4) For accounting purposes, the reduction made by this
subdivision may be reflected as an expenditure from appropriate
sources of revenue as directed by the Superintendent.
(h) The Superintendent shall apportion to each school district the
amount determined in this section less the sum of:
(1) The district's property tax revenue received pursuant to
Chapter 3 (commencing with Section 75) and Chapter 6 (commencing with
Section 95) of Part 0.5 of the Revenue and Taxation Code.
(2) The amount, if any, received pursuant to Part 18.5 (commencing
with Section 38101) of the Revenue and Taxation Code.
(3) The amount, if any, received pursuant to Chapter 3 (commencing
with Section 16140) of the Government Code.
(4) Prior years' taxes and taxes on the unsecured roll.
(5) Fifty percent of the amount received pursuant to Section
41603.
(6) The amount, if any, received pursuant to the Community
Redevelopment Law (Part 1 (commencing with Section 33000) of Division
24 of the Health and Safety Code), except for any amount received
pursuant to Section 33401 or 33676 of the Health and Safety Code that
is used for land acquisition, facility construction, reconstruction,
or remodeling, or deferred maintenance, except for any amount
received pursuant to Section 33492.15, paragraph (4) of subdivision
(a) of Section 33607.5, or Section 33607.7 of the Health and Safety
Code that is allocated exclusively for educational facilities.
(7) For a unified school district, other than a unified school
district that has converted all of its schools to charter status
pursuant to Section 47606, the amount of statewide average
general-purpose funding per unit of average daily attendance received
by school districts for each of four grade level ranges, as computed
by the department pursuant to Section 47633, multiplied by the
average daily attendance, in corresponding grade level ranges, of any
pupils who attend charter schools funded pursuant to Chapter 6
(commencing with Section 47630) of Part 26.8 for which the district
is the sponsoring local educational agency, as defined in Section
47632, and who reside in and would otherwise have been eligible to
attend a noncharter school of the district.
(i) A transfer of seventh and eighth grade pupils between an
elementary school district and a high school district shall not
result in the receiving district receiving a revenue limit
apportionment for those pupils that exceeds 105 percent of the
statewide average revenue limit for the type and size of the
receiving school district.
SEC. 13. Section 42238.49 is added to the
Education Code, to immediately follow Section 42238.48, to read:
42238.49. (a) (1) For the 2011-12 fiscal year, the Superintendent
shall compute an equalization adjustment for each school district,
so that the 2010-11 base revenue limit per unit of average daily
attendance of a school district is not less than the 2010-11 base
revenue limit per unit of average daily attendance above which fall
not more than 10 percent of the total statewide units of average
daily attendance for each category of school district set forth in
subdivision (b).
(2) For purposes of this section, the base revenue limit shall not
include any amounts attributable to Section 45023.4, 46200, or
46201.
(b) Subdivision (a) shall apply to the following school districts,
which shall be grouped according to size and type as follows:
District ADA
Elementary ..................... less than 101
Elementary ..................... more than 100
High School .................... less than 301
High School .................... more than 300
Unified ........................ less than 1,501
Unified ........................ more than 1,500
(c) The Superintendent shall compute a revenue limit equalization
adjustment for each school district's base revenue limit per unit of
average daily attendance as follows:
(1) Multiply the amount computed for each school district pursuant
to subdivision (a) by the average daily attendance used to calculate
the revenue limit for the 2011-12 fiscal year of a school district.
(2) Divide the amount appropriated from the Supplemental Education
Payment Account for purposes of this section for the 2011-12 fiscal
year by the statewide sum of the amounts computed pursuant to
paragraph (1).
(3) Multiply the amount computed for the school district pursuant
to paragraph (1) of subdivision (a) by the amount computed pursuant
to paragraph (2).
(d) (1) For the purposes of this section, the 2010-11 statewide
90th percentile base revenue limit determined pursuant to paragraph
(1) of subdivision (a), and the fraction computed pursuant to
paragraph (2) of subdivision (c) for the 2010-11 second principal
apportionment, shall be final, and shall not be recalculated at
subsequent apportionments. The fraction computed pursuant to
paragraph (2) of subdivision (c) shall not exceed 1.00. For purposes
of determining the size of a school district pursuant to subdivision
(b), county superintendents of schools, in conjunction with the
Superintendent, shall use school district revenue limit average daily
attendance for the 2010-11 fiscal year as determined pursuant to
Section 42238.5 and Article 4 (commencing with Section 42280).
(2) For the purposes of calculating the size of a school district
pursuant to subdivision (b), the Superintendent shall include units
of average daily attendance of any charter school for which the
school district is the sponsoring local educational agency.
(3) For the purposes of computing the target amounts pursuant to
subdivision (a), the Superintendent shall count all charter school
average daily attendance toward the average daily attendance of the
school district that is the sponsoring local educational agency.
SEC. 14. Section 42238.146 of the Education
Code is amended to read:
42238.146. (a) (1) For the 2003-04 fiscal year, the revenue limit
for each school district determined pursuant to this article shall
be reduced by a 1.198 percent deficit factor.
(2) For the 2004-05 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
0.323 percent deficit factor.
(3) For the 2003-04 and 2004-05 fiscal years, the revenue limit
for each school district determined pursuant to this article shall be
further reduced by a 1.826 percent deficit factor.
(4) For the 2005-06 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
0.892 percent deficit factor.
(5) For the 2008-09 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
7.844 percent deficit factor.
(6) For the 2009-10 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
13.094 percent deficit factor.
(b) In computing the revenue limit for each school district for
the 2006-07 fiscal year pursuant to this article, the revenue limit
shall be determined as if the revenue limit for that school district
had been determined for the 2003-04, 2004-05, and 2005-06 fiscal
years without being reduced by the deficit factors specified in
subdivision (a).
(c) In computing the revenue limit for each school district for
the 2010-11 fiscal year pursuant to this article, the revenue limit
shall be determined as if the revenue limit for that school district
had been determined for the 2009-10 fiscal year without being reduced
by the deficit factors specified in subdivision (a).
SEC. 15. Section 42605 is added to the
Education Code, to read:
42605. (a) (1) Unless otherwise prohibited under federal law or
otherwise specified in subdivision (e), for the 2008-09 fiscal year
to the 2012-13 fiscal year, inclusive, school districts, charter
schools, and county offices of education may use funding received,
pursuant to subdivision (b), from any of these items listed in
paragraph (2) that are contained in an annual Budget Act, for any
educational purpose:
(2) 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-122-0001,
6110-123-0001, 6110-124-0001, 6110-137-0001, 6110-144-0001,
6110-150-0001, 6110-151-0001, 6110-156-0001, 6110-181-0001,
6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001,
6110-209-0001, 6110-211-0001, 6110-227-0001, 6110-228-0001,
6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-266-0001,
6110-267-0001, 6110-268-0001, and 6360-101-0001.
(b) For the 2009-10 fiscal year to the 2012-13 fiscal year,
inclusive, the Superintendent shall apportion from the amounts
provided in the annual Budget Act for the items enumerated in
paragraph (2) of subdivision (a), an amount to a school district,
charter school, and county office of education based on the same
relative proportion that the local education agency received in the
2008-09 fiscal year for the programs funded through the items
enumerated in paragraph (2) of subdivision (a). A school district
that receives funding on behalf of a charter school pursuant to
Sections 47634.1 and 47651 shall continue to distribute the funds to
those charter schools based on the amounts distributed in the 2008-09
fiscal year, and shall adjust those amounts as specified in this
section. The amounts allocated shall be adjusted for any greater or
lesser amount appropriated for the items enumerated in paragraph (2)
of subdivision (a).
(c) (1) This section does not obligate the state to refund or
repay reductions made pursuant to this section. A decision by a
school district to reduce funding pursuant to this section for a
state-mandated local program shall constitute a waiver of the
subvention of funds that the school district is otherwise entitled to
pursuant to Section 6 of Article XIII B of the California
Constitution on the amount so reduced.
(2) As a condition of receipt of funds the governing board of the
school district or board of the county office of education, as
appropriate, at a regularly scheduled open public hearing shall take
testimony from the public, discuss, and approve or disapprove the
proposed use of funding.
(d) For the 2008-09 fiscal year to the 2012-13 fiscal year,
inclusive, local education agencies that use the flexibility
provision of the section shall be deemed to be in compliance with the
program and funding requirements contained in statutory, regulatory,
and provisional language, associated with the items enumerated in
subdivision (a).
(e) Notwithstanding subdivision (d), the following requirements
shall continue to apply:
(1) For Items 6110-105-0001 and 6110-156-0001, the amount
authorized for flexibility shall exclude the funding provided for
instruction of CalWORKs eligible students pursuant to schedules (2)
and (3), and provisions 2 and 4.
(2) (A) Any instructional materials purchased by a local education
agency shall be the materials adopted by the state board for
kindergarten and grades 1 to 8, inclusive, and for grades 9 to 12,
inclusive, the materials purchased shall be aligned with state
standards as defined by Section 60605, and shall also meet the
reporting and sufficiency requirements contained in Section 60119.
(B) For purposes of this section, "sufficiency" means that each
pupil has sufficient textbooks and instructional materials in the
four core areas as defined by Section 60119, and that all pupils
within the local education agency who are enrolled in the same course
shall have identical textbooks and instructional materials.
(3) For Item 6110-195-0001, the item shall exclude monies that are
required to fund awards for teachers that have previously met
the requirements necessary to
obtain these awards, until the award is paid in full.
(4) As a condition of exercising the authority conferred on local
educational agencies to transfer funds to their general funds
pursuant to subdivision (a), both of the following requirements shall
be met:
(A) The governing board of the school district, or the county
board of education, as appropriate, at a regularly scheduled open
public hearing, shall take testimony from the public, discuss, and
approve each transfer and the proposed use of funding.
(B) In the existing Standardized Account Code Structure (SACS)
reporting process, a local educational agency shall report the
amounts transferred pursuant to this section by using the appropriate
program code for which these funds were expended. The State
Department of Education shall collect and provide this information to
the Department of Finance and to the appropriate policy and budget
committees of the Legislature by February 28, 2010.
(5) For Item 6110-266-0001, a county office of education shall
conduct at least one site visit to each of the required schoolsites
pursuant to Section 1240.
SEC. 16. Section 52124 of the Education Code,
as amended by Section 1 of Chapter 515 of the Statutes of 2008, is
amended to read:
52124. (a) A school district that implements a class size
reduction program pursuant to this chapter is subject to this
section.
(b) A school district may establish a program to reduce class size
in kindergarten and grades 1 to 3, inclusive, and that program shall
be implemented at each schoolsite according to the following
priorities:
(1) If only one grade level is reduced at a schoolsite, the grade
level shall be grade 1.
(2) If only two grade levels are reduced at a schoolsite, the
grade levels shall be grades 1 and 2.
(3) If three grade levels are reduced at a schoolsite, then those
grade levels shall be kindergarten and grades 1 and 2 or grades 1 to
3, inclusive. Priority shall be given to the reduction of class sizes
in grades 1 and 2 before the class sizes of kindergarten or grade 3
are reduced.
(4) If four grade levels are reduced at a schoolsite, then those
grade levels shall be kindergarten and grades 1 to 3, inclusive.
First priority shall be given to the reduction of class sizes in
grades 1 and 2, and second priority shall be given to the reduction
of class size in kindergarten and grade 3. This paragraph shall be
operative only in those fiscal years for which funds are appropriated
expressly for the purposes of this paragraph.
(c) It is the intent of the Legislature to continue to permit the
use of combination classes of more than one grade level to the extent
that school districts are otherwise permitted to use that
instructional strategy. However, a school district that uses a
combination class in a class for which funding is received pursuant
to this chapter shall not claim funding pursuant to this chapter if
the total number of pupils in the combination class, regardless of
grade level, exceeds 20 pupils per certificated teacher assigned to
provide direct instructional services.
(d) The governing board of a school district shall certify to the
Superintendent that it has met the requirements of this section in
implementing its class size reduction program. If a school district
receives funding pursuant to this chapter but has not implemented its
class size reduction program for all grades and classes for which it
received funding pursuant to this chapter, the Superintendent shall
notify the Controller and the school district in writing and the
Controller shall deduct an amount equal to the amount received by the
school district under this chapter for each class that the school
district failed to reduce to a class size of 20 or fewer pupils from
the next principal apportionment or apportionments of state funds to
the district, other than basic aid apportionments required by Section
6 of Article IX of the California Constitution.
(e) Except for a school district participating pursuant to
subdivision (h) of Section 52122, and except as set forth in Section
52124.3, the amount deducted pursuant to subdivision (d) shall be
adjusted as follows:
(1) Twenty percent of the amount to which the district would
otherwise be eligible for each class for which the annual enrollment
determined pursuant to Section 52124.5 is greater than or equal to
20.5 but less than 21.0.
(2) Forty percent of the amount to which the district would
otherwise be eligible for each class for which the annual average
enrollment determined pursuant to Section 52124.5 is greater than or
equal to 21.0 but less than 21.5.
(3) Eighty percent of the amount to which the district would
otherwise be eligible for each class for which the annual average
enrollment determined pursuant to Section 52124.5 is greater than or
equal to 21.5 but less than 21.9.
(4) The amount deducted pursuant to subdivision (d) for each class
for which the annual average enrollment determined pursuant to
Section 52124.5 is greater than or equal to 21.9 shall be the amount
of funding the district received for the class pursuant to this
chapter.
(f) Notwithstanding any other provision of this chapter, a school
district located in the County of Los Angeles, Riverside, San
Bernardino, San Diego, or Ventura may claim funding pursuant to this
chapter for the 2003-04 school year based on enrollment counts before
the October 2003 fires, in classes for which the class size
reduction program is implemented, if the following criteria are met:
(1) The school district submits to the Superintendent a "Request
for Allowance of Attendance because of Emergency Conditions" pursuant
to Section 46392 and the emergency conditions were caused by the
October 2003 fires.
(2) The school district certifies that it suffered a loss of
enrollment in classes in which the class size reduction program is
implemented and this loss of enrollment is due to the October 2003
fires and would result in a decrease in funding that the district
receives pursuant to this chapter.
(g) This section shall become inoperative on July 1, 2014, and as
of January 1, 2015, is repealed, unless a later enacted statute that
is enacted before January 1, 2015, deletes or extends the dates on
which it becomes inoperative or is repealed.
SEC. 17. Section 52124.3 is added to the
Education Code, to read:
52124.3. (a) For the 2008-09, 2009-10, 2010-11, and 2011-12
fiscal years only, the amounts deducted pursuant to subdivision (d)
of Section 52124 shall be as follows:
(1) Five percent of the amount to which the school district would
otherwise be eligible for each class for which the annual enrollment
determined pursuant to Section 52124.5 is greater than or equal to
20.5 but less than 21.5.
(2) Ten percent of the amount to which the school district would
otherwise be eligible for each class for which the annual average
enrollment determined pursuant to Section 52124.5 is greater than or
equal to 21.5 but less than 22.5.
(3) Fifteen percent of the amount to which the school district
would otherwise be eligible for each class for which the annual
average enrollment determined pursuant to Section 52124.5 is greater
than or equal to 22.5 but less than 23.0.
(4) Twenty percent of the amount to which the school district
would otherwise be eligible for each class for which the annual
average enrollment determined pursuant to Section 52124.5 is greater
than or equal to 23.0 but less than 25.0.
(5) Thirty percent of the amount to which the school district
would otherwise be eligible for each class for which the annual
average enrollment determined pursuant to Section 52124.5 is greater
than or equal to 25.0.
(b) A local educational agency is eligible to receive funding
pursuant to this section only if it was participating in the K-3
Class Size Reduction Program as of December 10, 2008. An eligible
local educational agency may only receive funding for the grade level
or levels for which it had applied to receive funding as of December
10, 2008.
SEC. 18. Section 60119 of the Education Code is
amended to read:
60119. (a) In order to be eligible to receive funds available for
the purposes of this article, the governing board of a school
district shall take the following actions:
(1) (A) The governing board shall hold a public hearing or
hearings at which the governing board shall encourage participation
by parents, teachers, members of the community interested in the
affairs of the school district, and bargaining unit leaders, and
shall make a determination, through a resolution, as to whether each
pupil in each school in the district has sufficient textbooks or
instructional materials, or both, that are aligned to the content
standards adopted pursuant to Section 60605 in each of the following
subjects, as appropriate, that are consistent with the content and
cycles of the curriculum framework adopted by the state board:
(i) Mathematics.
(ii) Science.
(iii) History-social science.
(iv) English/language arts, including the English language
development component of an adopted program.
(B) The public hearing shall take place on or before the end of
the eighth week from the first day pupils attend school for that
year. A school district that operates schools on a multitrack,
year-round calendar shall hold the hearing on or before the end of
the eighth week from the first day pupils attend school for that year
on any tracks that begin a school year in August or September. For
purposes of the 2004-05 fiscal year only, the governing board of a
school district shall make a diligent effort to hold a public hearing
pursuant to this section on or before December 1, 2004.
(C) As part of the hearing required pursuant to this section, the
governing board also shall make a written determination as to whether
each pupil enrolled in a foreign language or health course has
sufficient textbooks or instructional materials that are consistent
with the content and cycles of the curriculum frameworks adopted by
the state board for those subjects. The governing board also shall
determine the availability of laboratory science equipment as
applicable to science laboratory courses offered in grades 9 to 12,
inclusive. The provision of the textbooks, instructional materials,
or science equipment specified in this subparagraph is not a
condition of receipt of funds provided by this subdivision.
(2) (A) If the governing board determines that there are
insufficient textbooks or instructional materials, or both, the
governing board shall provide information to classroom teachers and
to the public setting forth, in the resolution, for each school in
which an insufficiency exists, the percentage of pupils who lack
sufficient standards-aligned textbooks or instructional materials in
each subject area and the reasons that each pupil does not have
sufficient textbooks or instructional materials, or both, and take
any action, except an action that would require reimbursement by the
Commission on State Mandates, to ensure that each pupil has
sufficient textbooks or instructional materials, or both, within two
months of the beginning of the school year in which the determination
is made.
(B) In carrying out subparagraph (A), the governing board may use
money in any of the following funds:
(i) Any funds available for textbooks or instructional materials,
or both, from categorical programs, including any funds allocated to
school districts that have been appropriated in the annual Budget
Act.
(ii) Any funds of the school district that are in excess of the
amount available for each pupil during the prior fiscal year to
purchase textbooks or instructional materials, or both.
(iii) Any other funds available to the school district for
textbooks or instructional materials, or both.
(b) The governing board shall provide 10 days' notice of the
public hearing or hearings set forth in subdivision (a). The notice
shall contain the time, place, and purpose of the hearing and shall
be posted in three public places in the school district. The hearing
shall be held at a time that will encourage the attendance of
teachers and parents and guardians of pupils who attend the schools
in the district and shall not take place during or immediately
following school hours.
(c) (1) For purposes of this section, "sufficient textbooks or
instructional materials" means that each pupil, including English
learners, has a standards-aligned textbook or instructional
materials, or both, to use in class and to take home. This paragraph
does not require two sets of textbooks or instructional materials for
each pupil.
(2) Sufficient textbooks or instructional materials as defined in
paragraph (1), does not include photocopied sheets from only a
portion of a textbook or instructional materials copied to address a
shortage.
(d) The governing board of a school district that receives funds
for instructional materials from any state source is subject to the
requirements of this section.
SEC. 19. Section 60422.1 is added to the
Education Code, to read:
60422.1. (a) Notwithstanding subdivision (i) of Section 60200,
Section 60422, or any other provision of law, for the 2008-09 and
2009-10 fiscal years, the governing board of a school district is not
required to provide pupils with instructional materials by a
specified period of time following adoption of those materials by the
state board.
(b) Notwithstanding subdivision (a), this section does not relieve
school districts of their obligations under the law to provide every
pupil with standards-aligned textbooks or instructional materials,
as provided in Section 60119.
(c) This section does not relieve school districts of the
obligation to hold a public hearing or hearings pursuant to
subparagraphs (A) and (B) of paragraph (1) of subdivision (a) of
Section 60119.
(d) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2011, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 20. Section 92612.5 is added to the
Education Code, to read:
92612.5. It is the intent of the Legislature that no new General
Fund augmentation be made available for contributions to the
University of California Retirement Plan.
SEC. 21. Section 33 of Chapter 757 of the
Statutes of 2008 is repealed.
SEC. 22. Section 34 of Chapter 757 of the
Statutes of 2008 is amended to read:
Sec. 34. (a) The sum of nine hundred five million seven hundred
thousand dollars ($905,700,000) is hereby appropriated from the
General Fund to the State Department of Education. This appropriation
reflects the portions of the February 2009 principal apportionment
and the 2009 payment for the class size reduction, as set forth in
Chapter 6.10 (commencing with Section 52120) of Part 28 of Division 4
of the Education Code, for kindergarten and grades 1 to 3,
inclusive, and the June 2009 principal apportionment that are to be
deferred until July 2009 and attributed to the 2009-10 fiscal year.
Notwithstanding any other law, the department shall encumber the
funds appropriated in this section by July 31, 2009. It is the intent
of the Legislature that, by extending the encumbrance authority for
the funds appropriated in this section to July 31, 2009, the funds
will be treated in a manner consistent with Section 1.80 of the
Budget Act of 2008. The appropriation is made in accordance with the
following schedule:
(1) Six million two hundred twenty-seven thousand dollars
($6,227,000) for apprenticeship programs to be expended consistent
with the requirements specified in Item 6110-103-0001 of Section 2.00
of the Budget Act of 2008.
(2) Ninety million one hundred seventeen thousand dollars
($90,117,000) for supplemental instruction to be expended consistent
with the requirements specified in Item 6110-104-0001 of Section 2.00
of the Budget Act of 2008. Of the amount appropriated by this
paragraph, fifty-one million sixty-one thousand dollars ($51,061,000)
shall be expended consistent with Schedule (1) of Item 6110-104-0001
of Section 2.00 of the Budget Act of 2008, twelve million three
hundred thirty thousand dollars ($12,330,000) shall be expended
consistent with Schedule (2) of that item, four million six hundred
ninety thousand dollars ($4,690,000) shall be expended consistent
with Schedule (3) of that item, and twenty-two million thirty-six
thousand dollars ($22,036,000) shall be expended consistent with
Schedule (4) of that item.
(3) Thirty-nine million six hundred thirty thousand dollars
($39,630,000) for regional occupational centers and programs to be
expended consistent with the requirements specified in Schedule (1)
of Item 6110-105-0001 of Section 2.00 of the Budget Act of 2008.
(4) Four million two hundred ninety-four thousand dollars
($4,294,000) for the Gifted and Talented Pupil Program to be expended
consistent with the requirements specified in Item 6110-124-0001 of
Section 2.00 of the Budget Act of 2008.
(5) Forty-five million eight hundred ninety-six thousand dollars
($45,896,000) for adult education to be expended consistent with the
requirements specified in Schedule (1) of Item 6110-156-0001 of
Section 2.00 of the Budget Act of 2008.
(6) Four million seven hundred fifty-one thousand dollars
($4,751,000) for community day schools to be expended consistent with
the requirements specified in Item 6110-190-0001 of Section 2.00 of
the Budget Act of 2008.
(7) Five million nine hundred forty-seven thousand dollars
($5,947,000) for categorical block grants for charter schools to be
expended consistent with the requirements specified in Item
6110-211-0001 of Section 2.00 of the Budget Act of 2008.
(8) Thirty-eight million seven hundred twenty thousand dollars
($38,720,000) for the School Safety Block Grant to be expended
consistent with the requirements specified in Schedule (1) of Item
6110-228-0001 of Section 2.00 of the Budget Act of 2008.
(9) Five hundred seventy million dollars ($570,000,000) for class
size reduction in kindergarten and grades 1 to 3, inclusive, to be
expended consistent with the requirements specified in Item
6110-234-0001 of Section 2.00 of the Budget Act of 2008.
(10) One hundred million one hundred eighteen thousand dollars
($100,118,000) for the Targeted Instructional Improvement Grant
Program to be expended consistent with the requirements specified in
Item 6110-246-0001 of Section 2.00 of the Budget Act of 2008.
(b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriations made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
2009-10 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2009-10 fiscal year.
SEC. 23. Section 35 of Chapter 757 of the
Statutes of 2008 is amended to read:
Sec. 35. (a) The sum of five hundred forty million dollars
($540,000,000) is hereby appropriated from the General Fund to the
Board of Governors of the California Community Colleges for
apportionments to community college districts, for expenditure during
the 2009-10 fiscal year, to be expended in accordance with Schedule
(1) of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2008.
(b) The disbursal of funds appropriated in subdivision (a) shall
be deferred until July of the 2009-10 fiscal year. This appropriation
and deferment represent one hundred fifteen million dollars
($115,000,000) of the January apportionment to community college
districts, one hundred fifteen million dollars ($115,000,000) of the
February apportionment to community college districts, fifty-five
million dollars ($55,000,000) of the March apportionment to community
college districts and fifty-five million dollars ($55,000,000) of
the April apportionment to community college districts, and two
hundred million dollars ($200,000,000) of the June apportionment to
community college districts.
(c) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated for community college districts," as
defined in subdivision (d) of Section 41202 of the Education Code,
for the 2009-10 fiscal year, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202 of the Education
Code, for the 2009-10 fiscal year.
SEC. 24. Section 37 of Chapter 757 of the
Statutes of 2008 is amended to read:
Sec. 37. (a) Notwithstanding Sections 42238.1 and 42238.15 of the
Education Code or any other provision of law, the cost-of-living
adjustment for Items 6110-104-0001, 6110-105-0001, 6110-119-0001,
6110-122-0001, 6110-124-0001, 6110-128-0001, 6110-150-0001,
6110-156-0001, 6110-158-0001, 6110-161-0001, 6110-167-0001,
6110-181-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
6110-196-0001, 6110-203-0001, 6110-209,0001, 6110-211-0001,
6110-224-0001, 6110-232-0001, 6110-234-0001, 6110-244-0001, and
6110-246-0001 of the Budget Act of 2008 (Chapters 268 and 269 of the
Statutes of 2008) is zero percent for the 2008-09 fiscal year. All
funds appropriated in the Budget Act of 2008 in the items identified
in this section are in lieu of the amounts that would otherwise be
appropriated pursuant to any other provision of law.
(b) Notwithstanding Section 42238.1 of the Education Code or any
other provision of law, for purposes of Section 48664 of the
Education Code the cost-of-living adjustment is zero percent for the
2008-09 fiscal year.
SEC. 25. Item 6110-111-0001 of Section 2.00 of
the Budget Act of 2008 is repealed.
SEC. 26. Item 6110-111-0046 is added to Section
2.00 of the Budget Act of 2008, to read:
6110-111-0046--For local assistance,
Department of Education (from the Public
Transportation Account, State Transportation
Fund) Program 10-Instruction, for transfer
to Section A of the State School Fund, Home
to School Transportation, pursuant to
Article 10 (commencing with Section 41850)
of Chapter 5 of Part 24 of Division 3 of 198,446,0
Title 2 of the Education Code................ 00
Provisions:
1. Notwithstanding any other
provision of law, these funds
shall be used to provide
mass transportation services
for pupils enrolled in school
districts that receive these
funds.
SEC. 27. Item 6110-111-3116 is added to Section
2.00 of the Budget Act of 2008, to read:
6110-111-3116--For local assistance,
Department of Education (from the Mass
Transportation Fund) Program 10-
Instruction, for transfer to Section A of
the State School Fund, Home to School
Transportation, pursuant to Article 10
(commencing with Section 41850) of
Chapter 5 of Part 24 of Division 3 of
Title 2 of the Education Code, and Small
School District Transportation, pursuant
to Article 4.5 (commencing with Section
42290) of Chapter 7 of Part 24 of
Division 3 of Title 2 of the Education
Code...................................... 420,268,000
Schedule:
(1) 10.10.006-Pupil
Transportation...... 414,182,000
(2) 10.10.008-Small
School District Bus
Replacement......... 6,086,000
Provisions:
1. Of the funds appropriated in
this item, $0 is for the purpose
of providing a cost-of-living
adjustment.
2. Notwithstanding any other
provision of law, these funds
shall be used to provide mass
transportation services for
pupils enrolled in school
districts that receive these
funds.
SEC. 28. Item 6110-196-0001 of Section 2.00 of
the Budget Act of 2008 is amended to read:
6110-196-0001--For local assistance,
Department of Education (Proposition 98),
for transfer by the Controller to Section
A of the State School Fund, for
allocation by the Superintendent of
Public Instruction to school districts,
county offices of education, and other
agencies for the purposes of Proposition
98 educational programs funded in this
item, in lieu of the amount that
otherwise would be appropriated pursuant
to any other statute...................... 1,675,043,000
Schedule:
(1) 30.10.010-Special
Program, Child
Development, Preschool 426,327,
Education................. 000
(1.5 30.10.020-Child Care 1,775,31
) Services.................. 0,000
(a) 30.10.020.
001-
Special
Program,
Child
Developmen
t,
General
Child
Developmen
t 773,796,00
Programs.. 0
(c) 30.10.020.
004-
Special
Program,
Child
Developmen
t,
Migrant
Day Care.. 35,966,000
(d) 30.10.020.
007-
Special
Program,
Child
Developmen
t,
Alternativ
e Payment 257,037,00
Program... 0
(e) 30.10.020.
011-
Special
Program,
Child
Developmen
t,
Alternativ
e Payment
Program-- 342,960,00
Stage 2... 0
(f) 30.10.020.
012-
Special
Program,
Child
Developmen
t,
Alternativ
e Payment
Program--
Stage 3 230,204,00
Setaside.. 0
(g) 30.10.020.
008-
Special
Program,
Child
Developmen
t,
Resource
and
Referral.. 19,438,000
(i) 30.10.020.
015-
Special
Program,
Child
Developmen
t,
Extended
Day Care.. 31,553,000
(j) 30.10.020.
096-
Special
Program,
Child
Developmen
t,
Allowance
for
Handicappe
d......... 1,997,000
(k) 30.10.020.
106-
Special
Program,
Child
Developmen
t,
California
Child
Care
Initiative
.......... 250,000
(l) 30.10.020.
901-
Special
Program,
Child
Developmen
t,
Quality
Improvemen
t......... 67,572,000
(m) 30.10.020.
911-
Special
Program,
Child
Developmen
t,
Centralize
d
Eligibilit
y List.... 7,900,000
(n) 30.10.020.
920-
Special
Program,
Child
Developmen
t, Local
Planning
Councils.. 6,637,000
(3) 30.10.020.908-Special
Program, Child
Development, Cost-of-
Living Adjustments........ 0
(4) 30.10.020.909-Special
Program, Child
Development, Growth 10,917,0
Adjustments............... 00
(5) Amount payable from the
Federal Trust Fund (Item -537,511
6110-196-0890)............ ,000
Provisions:
1. Notwithstanding Section 8278 of
the Education Code, funds
available for expenditure pursuant
to that section shall be expended
in the current fiscal year
pursuant to the following schedule:
(a) $4,000,000 or whatever lesser
or greater amount is
necessary for accounts
payable pursuant to paragraph
(1) of subdivision (b) of
Section 8278 of the Education
Code.
(b) $22,963,000 shall be
available for CalWORKs Stage
3 child care.
(c) The Controller shall
establish an account entitled
""Section 8278 Expenditures
in 2007'' in Item 6110-196-
0001, Program 30.10.060. Any
unexpended General Fund
balances as of June 30, 2008,
or subsequent abatements,
from those amounts listed in
Schedules (1), (1.5)(a),
(1.5)(c), (1.5)(d), (1.5)(g),
(1.5)(i), (1.5)(j), (1.5)(k),
(1.5)(l), and (1.5)(n), that
are available pursuant to
Section 8278 of the Education
Code, shall be transferred to
the account for the purpose
of making expenditures
pursuant to that section and
as specified in this
provision.
2. (a) Notwithstanding any other
provision of law, alternative
payment child care programs
shall be subject to the rate
ceilings established in the
Regional Market Rate Survey
of California child care and
development providers for
provider payments. When
approved pursuant to Section
8447 of the Education Code,
any changes to the market
rate limits, adjustment
factors, or regions shall be
utilized by the State
Department of Education and
the State Department of
Social Services in various
programs under the
jurisdiction of either
department.
(b) Notwithstanding any other
provision of law, the funds
appropriated in this item for
the cost of licensed child
care services provided
through alternative payment
or voucher programs,
including those provided
under Article 3 (commencing
with Section 8220) and
Article 15.5 (commencing with
Section 8350) of Chapter 2 of
Part 6 of Division 1 of Title
1 of the Education Code,
shall be used only to
reimburse child care costs up
to the 85th percentile of the
rates charged by providers
offering the same type of
child care for the same age
child in that region based on
the 2005 regional market rate
survey. Notwithstanding
Section 8357 of the Education
Code, it is the intent of the
Legislature to consider new
rate limits based on the 2007
regional market rate survey
data for the 2009-10 fiscal
year.
3. Of the amount appropriated in
Schedule (1), $50,000,000 is
available for Prekindergarten and
Family Literacy preschool programs
pursuant to Chapter 211 of the
Statutes of 2006. Of the amount
appropriated in Schedule (1),
$5,000,000 is available for the
provision of wraparound care to
children enrolled in state
preschool programs. The
Superintendent of Public
Instruction shall assign priority
for these funds to children
enrolled in prekindergarten and
family literacy programs
authorized by Section 8238.4 of
the Education Code.
4. Funds in Schedule (1.5)(l) shall
be reserved for activities to
improve the quality and
availability of child care,
pursuant to the following:
(a) $2,014,056 is for the
schoolage care and resource
and referral earmark.
(b) $11,359,176 is for the infant
and toddler earmark and shall
be used for increasing the
supply of quality child care
for infants and toddlers.
(c) $7,237,000 in one-time
federal funding is available
for use in the 2008-09 fiscal
year. Of that amount,
$200,000 shall be used for
Trustline registration
workload (Chapter 3.35
(commencing with Section
1596.60) of Division 2 of the
Health and Safety Code). The
remaining funds shall be used
for child care and
development quality
expenditures identified by
the State Department of
Education (SDE) and approved
by the Department of Finance.
(d) From the remaining funds in
Schedule (1.5)(l), the
following amounts shall be
allocated for the following
purposes: $4,000,000 to train
former CalWORKs recipients as
child care teachers,
$2,700,000 for contracting
with the State Department of
Social Services (DSS) for
increased inspections of
child care facilities,
$1,000,000 for Trustline
registration workload
(Chapter 3.35 (commencing
with Section 1596.60) of
Division 2 of the Health and
Safety Code), $500,000 for
health and safety training
for licensed and exempt child
care providers, $300,000 for
the Health Hotline, and
$300,000 to implement a
technical assistance program
to child care providers in
accessing financing for
renovation, expansion, or
construction of child care
facilities.
5. Of the amount appropriated in
Schedule (1.5)(l), $15,000,000
shall be for child care worker
recruitment and retention programs
pursuant to Section 8279.7 of the
Education Code, and $320,000 shall
be for the Child Development
Training Consortium.
6. (a) The State Department of
Education (SDE) shall conduct
monthly analyses of CalWORKs
Stage 2 and Stage 3 caseloads
and expenditures and adjust
agency contract maximum
reimbursement amounts and
allocations as necessary to
ensure funds are distributed
proportionally to need. The
SDE shall share monthly
caseload analyses with the
State Department of Social
Services (DSS).
(b) The SDE shall provide
quarterly information
regarding the sufficiency of
funding for Stage 2 and Stage
3 to DSS. The SDE shall
provide caseloads,
expenditures, allocations,
unit costs, family fees, and
other key variables and
assumptions used in
determining the sufficiency
of state allocations.
Detailed backup by month and
on a county-by-county basis
shall be provided to the DSS
at least on a quarterly basis
for comparisons with Stage 1
trends.
(d) By September 30 and March 30
of each year, the SDE shall
ensure that detailed caseload
and expenditure data, through
the most recent period for
Stage 2 and Stage 3 Setaside
along with all relevant
assumptions, is provided to
DSS to facilitate budget
development. The detailed
data provided shall include
actual and projected monthly
caseload from Stage 2
scheduled to time off of
their transitional child care
benefit from the last actual
month reported by agencies
through the next two fiscal
years as well as local
attrition experience. DSS
shall utilize data provided
by the SDE, including key
variables from the prior
fiscal year and the first two
months of the current fiscal
year, to provide coordinated
estimates in November of each
year for each of the three
stages of care for
preparation of the Governor's
Budget, and shall utilize
data from at least the first
two quarters of the current
fiscal year, and any
additional monthly data as
they become available for
preparation of the May
Revision. The DSS shall share
its assumptions and
methodology with the SDE in
the preparation of the
Governor's Budget.
(e) The SDE shall coordinate with
the DSS to identify annual
general subsidized child care
program expenditures for
Temporary Assistance for
Needy Families-eligible
children. The SDE shall
modify existing reporting
forms as necessary to capture
this data.
(f) The SDE shall provide to the
DSS, upon request, access to
the information and data
elements necessary to comply
with federal reporting
requirements and any other
information deemed necessary
to improve estimation of
child care budgeting needs.
7. Notwithstanding any other
provision of law, the funds in
Schedule (1.5)(f) are reserved
exclusively for continuing child
care for the following: (a) former
CalWORKs families who are working,
have left cash aid, and have
exhausted their two-year
eligibility for transitional
services in either Stage 1 or 2
pursuant to subdivision (c) of
Section 8351 or Section 8353 of
the Education Code, respectively,
but still meet eligibility
requirements for receipt of
subsidized child care services,
and (b) families who received lump-
sum diversion payments or
diversion services under Section
11266.5 of the Welfare and
Institutions Code and have spent
two years in Stage 2 off of cash
aid, but still meet eligibility
requirements for receipt of
subsidized child care services.
8. Nonfederal funds appropriated in
this item which have been budgeted
to meet the state's Temporary
Assistance for Needy Families
maintenance-of-effort requirement
established pursuant to the
federal Personal Responsibility
and Work Opportunity
Reconciliation Act of 1996 (P.L.
104-193) may not be expended in
any way that would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
9. (a) Notwithstanding any other
provision of law, the income
eligibility limits pursuant
to Section 8263.1 of the
Education Code that were
applicable to the 2007-08
fiscal year shall remain in
effect for the 2008-09 fiscal
year.
10. Of the amounts provided in this
item, $0 is available to provide a
cost-of-living adjustment for
Schedules (1), (1.5)(a), (1.5)(c),
(1.5)(d), (1.5)(g), (1.5)(i),
(1.5)(j), and (1.5)(n). The
maximum standard reimbursement
rate shall not exceed $34.38 per
day for general child care
programs and $21.22 per day for
state preschool programs.
Furthermore, the migrant child
care and Cal-SAFE child care
programs shall adhere to the
maximum standard reimbursement
rates as prescribed for the
general child care programs. All
other rates and adjustment factors
shall be revised to conform.
11. Of the amounts provided in this
item, $10,917,000 is available to
provide a growth adjustment for
Schedules (1), (1.5)(a), (1.5)(c),
(1.5)(d), (1.5)(i), and (1.5)(j).
12. (a) Notwithstanding any other
provision of law, the funds
in Schedule (1.5)(m) are
appropriated exclusively for
developing and maintaining a
centralized eligibility list
in each county pursuant to
Section 8227 of the Education
Code. By November 1 of each
year, the State Department of
Education shall provide a
status report on implementing
eligibility lists in each
county, which shall include,
but is not limited to, the
cost of implementation and
operation of the eligibility
lists in each county, and
number of children and
families on the list for each
county.
13. Notwithstanding Section 8278.3 of
the Education Code or any other
provision of law, up to $5,000,000
of the Child Care Facilities
Revolving Fund balance may be
allocated for use on a one-time
basis for renovations and repairs
to meet health and safety
standards, to comply with the
federal Americans with
Disabilities Act of 1990 (42
U.S.C. Sec. 12101 et seq.), and to
perform emergency repairs, that
were the result of an unforeseen
event and are necessary to
maintain continued normal
operation of the child care and
development program. These funds
shall be made available to school
districts and contracting agencies
that provide subsidized center-
based services pursuant to the
Child Care and Development
Services Act (Chapter 2
(commencing with Section 8200) of
Part 6 of Division 1 of Title 1 of
the Education Code).
14. It is the intent of the
Legislature to fully fund the
third stage of child care for
former CalWORKs recipients.
SEC. 29. Item 6110-234-0001 of the Budget Act
of 2008 is amended to read:
6110-234-0001--For local assistance,
Department of Education (Proposition 98),
Program 10.25, for transfer by the
Controller to Section A of the State
School Fund, for allocation by the
Superintendent of Public Instruction for
the Class Size Reduction Program pursuant
to Chapter 6.10 (commencing with Section
52120) of Part 28 of Division 4 of Title
2 of the Education Code................... 1,769,291,231
Provisions:
1. Schools participating in
Option One shall receive a
per-pupil rate of $1,071.
Schools participating in
Option Two shall receive a
per-pupil rate of $535.
SEC. 30. Item 6110-488 of Section 2.00 of the
Budget Act of 2008 is amended to read:
6110-488--Reappropriation (Proposition 98),
Department of Education. Notwithstanding any other
provision of law, the unobligated balances from the
following items are available for reappropriation
for the purposes specified in Provisions 3, 4, and 5:
0001--General Fund
(1) $12,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2003 (Ch. 157, Stats. 2003), as
carried forward per Provision 1 of
Item 6110-196-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(2) $1,441,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2004 (Ch. 208, Stats. 2004), as
carried forward per Provision 1 of
Item 6110-196-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(3) $3,663,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats. 2005),
$1,749,000 of which was carried
forward per Provision 1 of Item
6110-196-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(4) $12,921,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for CalWORKs Stage 2
and Stage 3 child care in Schedules
(1.5)(e) and (1.5)(f) of Item 6110-
196-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(6) $18,120,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007), with the exception of
Schedules (1.5)(e) and (1.5)(f) for
CalWORKs child care programs.
(7) $8,000,000 of the amount
appropriated to the Child Care
Facilities Revolving Fund
established pursuant to Section
8278.3 of the Education Code from
Section 2.00 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(8) $5,000,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the provision of
wraparound care to children
enrolled in preschool programs
pursuant to Section 8238.6 of the
Education Code (Ch. 211, Stats.
2006).
(9) $48,000 or whatever greater or
lesser amount reflects the
unexpended funds from subdivision
(a) of Section 9 of Chapter 734 of
the Statutes of 1999.
(10) $21,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Community-Based
English Tutoring pursuant to
Section 315 of the Education Code,
as enacted by Proposition 227 in
1998.
(11) $9,200,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for juvenile education
in Item 5225-011-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(12) $76,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Small School
District Bus Replacement in
Schedule (2) of Item 6110-111-0001
of the Budget Act of 2005 (Chs. 38
and 39, Stats. 2005).
(13) $488,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Home to School
Transportation in Schedule (1) of
Item 6110-111-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(14) $545,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
High School Exit Examination in
Schedule (4) of Item 6110-113-0001
of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(15) $2,060,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Assessment Review
and Reporting and the STAR Program
in Schedules (1) and (2) of Item
6110-113-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(16) $19,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for specialized
secondary programs in Item 6110-122-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(17) $17,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Immediate
Intervention/Underperforming
Schools Program Corrective Actions
in Schedule (3) of Item 6110-123-
0001 of the Budget Act of 2005
(Chs. 38 and 39, Stats. 2005).
(18) $2,993,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the implementation
of the Public Schools
Accountability Act of 1999 for the
Immediate
Intervention/Underperforming
Schools Program Corrective Actions
in Schedule (2) of Item 6110-123-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(19) $615,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the implementation
of the Public Schools
Accountability Act of 1999 for the
Immediate
Intervention/Underperforming
Schools Program Corrective Actions
in Schedule (2) of Item 6110-123-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(20) $5,149,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the English
Language Learners Program in
Schedule (2) of Item 6110-125-0001
of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(21) $5,149,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the English
Language Acquisition Program in
Schedule (2) of Item 6110-125-0001
of the Budget Act of 2007 (Chs. 171
and 172, Stats. 2007).
(22) $109,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for Economic
Impact Aid in Schedule (1) of Item
6110-128-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats. 2005).
(23) $4,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for Economic
Impact Aid in Item 6110-128-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(24) $1,500,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Administrator
Training Program in Item 6110-144-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(25) $7,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the American
Indian Early Childhood Education
Program in Item 6110-150-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(26) $110,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for American Indian
Education Centers in Schedule (1)
of Item 6110-151-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(27) $177,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for American Indian
Education Centers in Item 6110-151-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(28) $1,385,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for adults in
correctional facilities in Item
6110-158-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(29) $107,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats. 2005).
(30) $21,919,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(31) $57,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for vocational
education for partnership academies
in Item 6110-166-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(32) $23,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Agricultural
Vocational Education Incentive
Program in Item 6110-167-0001 of
the Budget Act of 2005 (Chs. 38 and
39, Stats. 2005).
(33) $369,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for educational
technology programs in Item 6110-
181-0001 of the Budget Act of 2005
(Chs. 38 and 39, Stats. 2005).
(34) $369,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
transferred to the State School
Fund for educational technology
programs in Item 6110-181-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(35) $27,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for staff development
for teacher peer review in Schedule
(2) of Item 6110-193-0001 of the
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005).
(36) $95,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Bilingual
Teacher Training Assistance Program
and teacher peer review in
Schedules (1) and (2) of Item 6110-
193-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(37) $43,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for teacher
dismissal apportionments in Item
6110-209-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(38) $13,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for School Community
Policing Partnership Competitive
Grants Program in Schedule (5) of
Item 6110-228-0001 of the Budget
Act of 2004 (Ch. 208, Stats. 2004).
(39) $21,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the International
Baccalaureate Diploma Program in
Schedule (1) of Item 6110-240-0001
of the Budget Act of 2005 (Chs. 38
and 39, Stats. 2005).
(40) $6,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Teacher
Credentialing Block Grant Program
in Item 6110-244-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(41) $79,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School and
Library Improvement Block Grant
Program in Item 6110-247-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(42) $186,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School and
Library Improvement Block Grant
Program in Item 6110-247-0001 of
the Budget Act of 2007 (Chs. 171
and 172, Stats. 2007).
(43) $30,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Physical
Education Teacher Incentive Grant
Program in Item 6110-260-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(44) $641,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to county offices of
education for site visits for
Williams audits in Item 6110-266-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(45) $101,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Charter School
Facility Grant Program in Schedule
(7) of Item 6110-485 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(46) $600,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Principal
Training Program in Schedule (8) of
Item 6110-485 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(47) $25,645,000 or whatever greater or
lesser amount reflects the
unexpended balance for the After
School Education and Safety Program
in Item 6110-649-0001 from the 2004-
05 fiscal year appropriation
pursuant to Section 8483.5 of the
Education Code, as enacted by
Proposition 49 in 2002.
(48) $178,352,000 or whatever greater or
lesser amount reflects the
unexpended balance for the After
School Education and Safety Program
in Item 6110-649-0001 from the 2007-
08 fiscal year appropriation
pursuant to Section 8483.5 of the
Education Code, as enacted by
Proposition 49 in 2002, and
pursuant to Section 8483.51 of the
Education Code as enacted by
Chapter 2 of the Statutes of 2008,
Third Extraordinary Session.
(49) $20,000,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(50) $520,000 or whatever greater or
lesser amount reflects the
unexpended balance for the After
School Education and Safety Program
in Item 6110-649-0001 from the 2006-
07 fiscal year appropriation
pursuant to Section 8483.5 of the
Education Code, as enacted by
Proposition 49 in 2002, and
pursuant to Section 8483.51 of the
Education Code, as enacted by
Chapter 2 of the Statutes of 2008,
Third Extraordinary Session.
(51) $3,207,465 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
programs in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2003 (Ch. 157, Stats. 2003).
(52) $10,922 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School Safety
Consolidated Competitive Grant in
Item 6110-248-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(53) $10,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the adult
education program and regional
occupational programs pursuant to
Article 2 (commencing with Section
51120) of Chapter 1.5 of Part 28 of
Division 4 of Title 2 of the
Education Code in Schedule (3) of
Section 43 of Chapter 79 of the
Statutes of 2006.
(54) $27,500 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the parental
involvement program pursuant to
Article 2 (commencing with Section
51120) of Chapter 1.5 of Part 28 of
Division 4 of Title 2 of the
Education Code in Schedule (9) of
Section 43 of Chapter 79 of the
Statutes of 2006.
(55) $114,395 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for teacher
recruitment and retention pursuant
to Article 2 (commencing with
Section 51120) of Chapter 1.5 of
Part 28 of Division 4 of Title 2 of
the Education Code in Schedule (20)
of Section 43 of Chapter 79 of the
Statutes of 2006.
(56) $25,725 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for start-up school
breakfast and summer food program
pursuant to Article 2 (commencing
with Section 51120) of Chapter 1.5
of Part 28 of Division 4 of Title 2
of the Education Code in Schedule
(8) of Section 43 of Chapter 79 of
the Statutes of 2006.
(57) $831,523 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for prior year mandate
claims made by local education
agencies pursuant to Article 2
(commencing with Section 51120) of
Chapter 1.5 of Part 28 of Division
4 of Title 2 of the Education Code
in Schedule (1) of Section 43 of
Chapter 79 of the Statutes of 2006.
(58) $3,115,995 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the High Priority
Schools Grant Program in Schedule
(1) of Item 6110-123-0001 of the
Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006).
(59) $247,611 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Special
Education Infant Program in
Schedule (1) of Item 6110-161-0001
of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(60) $730,454 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Early
Education for Individuals with
Exceptional Needs in Schedule (2)
of Item 6110-161-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(61) $44,135 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Agricultural
Vocational Education in Item 6110-
167-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(62) $29,837 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
High School Exit Exam Intensive
Intervention Program in Item 6110-
204-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(63) $6,057 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School Safety
Block Grant in Schedule (1) of Item
6110-228-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(64) $8,500,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the K-3 Class Size
Reduction Program in Item 6110-234-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(65) $339,439 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Pupil
Retention Block Grant in Item 6110-
243-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(66) $98,647 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated
for the Professional
Development Block Grant in Item
6110-245-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(67) $5,130 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Arts and Music
Block Grant in Item 6110-265-0001
of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(68) $1,941,700 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Certificated
Staff Mentoring Program in Item
6110-267-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(69) $12,844 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School Safety
Block Grant Program pursuant to
subparagraph (J) of paragraph (2)
of subdivision (a) of Section 31 of
Chapter 73 of the Statutes of 2005.
(70) $11,705,886 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for adult education
programs pursuant to subparagraph
(G) of paragraph (2) of subdivision
(a) of Section 31 of Chapter 73 of
the Statutes of 2005.
(71) $1,217,782 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Prior Year K-
12 Education Mandate Claims in
Schedule (10) of Item 6110-485 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(72) $57,239 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Prior Year K-
12 Education Mandate Claims in
Schedule (12) of Item 6110-485 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(73) $40,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the specialized
secondary programs in Item 6110-122-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(74) $658,800 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the High Priority
Schools Grant Program in Schedule
(1) of Item 6110-123-0001 of the
Budget Act of 2007 (Chs. 171 and
172, Stats. 2007).
(75) $40,310 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Partnership
Academies Program in Item 6110-166-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(76) $145,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the National Board
Certification Program in Item 6110-
195-0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(77) $49,774 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
High School Exit Exam Intensive
Instruction Program in Item 6110-
204-0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(78) $41,445 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Teacher
Dismissal Apportionment Program in
Item 6110-209-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(79) $1,003,040 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Pupil
Retention Program in Item 6110-243-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(80) $167,158 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Professional
Development Block Grant in Item
6110-245-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(81) $429,880 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Certificated
Staff Mentoring Program in Item
6110-267-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(82) $7,821 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Home to School
Transportation Program in Schedule
(14) of Item 6110-485 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(83) $281,207 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Quality
Education Improvement Act in
subparagraph (B) of paragraph (1)
of subdivision (c) of Section
52055.770 of the Education Code.
(84) $499,639 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (15)
of Item 6870-101-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(85) $145,359 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges for nursing
faculty recruitment and retention
in paragraph (30) of subdivision
(a) of Section 43 of Chapter 79 of
the Statutes of 2006.
(86) $229,653 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (18)
of Item 6870-101-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(87) $40,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (15)
of Item 6870-101-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(88) $59,931 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (20)
of Item 6870-101-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(89) $81,824 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (23)
of Item 6870-101-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(90) $404,091 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (18)
of Item 6870-101-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(91) $817,973 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (6)
of Item 6870-101-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(92) $8,738,578 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Prior Year K-
12 Education Mandate Claims of
subparagraph (A) of paragraph (3)
of subdivision (a) of Section 44 of
Chapter 79 of the Statutes of 2006.
Provisions:
3. The sum of $38,631,987 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction for the purpose of
funding CalWORKs Stage 2 child
care. The amount reappropriated
pursuant to this provision is for
use in the 2008-09 fiscal year.
4. The sum of $164,686,000 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction for the purpose of
funding CalWORKs Stage 3 child
care. The amount reappropriated
pursuant to this provision is for
use in the 2008-09 fiscal year.
5. The sum of $46,161,769 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction for the Class Size
Reduction Program pursuant to
Chapter 6.10 (commencing with
Section 52120) of Part 28 of
Division 4 of Title 2 of the
Education Code.
SEC. 31. Item 6870-101-0001 of Section
2.00 of the Budget Act of 2008 is amended to read:
6870-101-0001--For local assistance, Board of
Governors of the California Community Colleges 3,649,230
(Proposition 98)............................... ,000
Schedule:
(1) 10.10.010-Apportionments..... 2,830,717
,000
(2) 10.10.020-Apprenticeship..... 14,641,00
0
(3) 10.10.030-Growth for 113,500,0
Apportionments............... 00
(4) 20.10.004-Student Success 33,100,00
for Basic Skills Students.... 0
(5) 20.10.005-Student Financial 51,269,00
Aid Administration........... 0
(6) 20.10.020-Disabled Students.. 115,011,0
00
(7) 20.10.045-Special Services 43,580,00
for CalWORKs Recipients...... 0
(8) 20.10.060-Foster Care
Education Program............ 5,254,000
(9) 20.10.070-Matriculation...... 101,803,0
00
(10 20.20.020-Academic Senate
) for the Community Colleges... 467,000
(11 20.20.041-Equal Employment
) Opportunity pursuant to Ch.
1169, Stats. 2002............ 1,747,000
(12 20.20.050-Part-time Faculty
) Health Insurance............. 1,000,000
(13 20.20.051-Part-time Faculty 50,828,00
) Compensation................. 0
(14 20.20.055-Part-time Faculty
) Office Hours................. 7,172,000
(15 20.30.011-Telecommunications 26,197,00
) and Technology Services...... 0
(16 20.30.050-Economic 46,790,00
) Development.................. 0
(17 20.30.070-Transfer Education
) and Articulation............. 1,424,000
(18 20.40.026-Physical Plant and 27,345,00
) Instructional Support........ 0
(19 20.10.010-Extended
) Opportunity Programs and
Services and Special 122,291,0
Services..................... 00
(20 20.30.045-Fund for Student
) Success...................... 6,158,000
(21 20.70.010-Career Technical 20,000,00
) Education.................... 0
(22 20.80.010-Campus Childcare
) Tax Bailout.................. 6,836,000
(23 20.95.010-Nursing Program 22,100,00
) Support...................... 0
Provisions:
1. The funds appropriated in Schedules
(1), (2), (3), (4), (5), (6), (7),
(8), (9), (11), (12), (13), (14),
(15), (16), (18), (19), and (22) are
for transfer by the Controller during
the 2008-09 fiscal year to Section B
of the State School Fund.
2. Notwithstanding any other provision of
law, apportionment funding for
community college districts shall be
based on the greater of the current
year or prior year level of full-time
equivalent students (FTES), consistent
with K-12 declining enrollment
practices pursuant to Section 42238.5
of the Education Code. Decreases in
FTES shall result in a revenue
reduction at the district's average
level of apportionment funding per
FTES and shall be made in the year
following the initial year of decrease
in FTES.
3. The funds appropriated in Schedule (1)
for Apportionments include $31,409,000
to encourage district-level
accountability efforts pursuant to
Section 84754.5 of the Education Code.
It is intended that the Chancellor of
the California Community Colleges
submit an annual report on district-
specific accountability measures by
March 19 of each year. This report
shall reflect outcomes from the most
recently completed fiscal year for
which data is available pursuant to
Section 84754.5 of the Education Code.
4. Of the funds appropriated in Schedule
(1), Apportionments:
(a) Up to $100,000 is for a
maintenance allowance, pursuant to
Section 54200 of Title 5 of the
California Code of Regulations.
(b) Up to $500,000 is to reimburse
colleges for the costs of federal
aid repayments related to assessed
fees for fee waiver recipients.
This reimbursement only applies to
students who completely withdraw
from college before the census
date pursuant to Section 58508 of
Title 5 of the California Code of
Regulations.
5. Notwithstanding any other provision of
law, the Chancellor of the California
Community Colleges shall not reduce
district workload obligations for a
lack of a funded cost-of-living
adjustment.
6. (a) Of the amount appropriated in
Schedule (2) for the
Apprenticeship Program, up to
$14,641,000 shall be available as
necessary upon certification by
the Chancellor of the California
Community Colleges for the purpose
of funding community college-
related and supplemental
instruction pursuant to Section
3074 of the Labor Code, as
provided in Section 8152 of the
Education Code. No community
college district shall use funds
available under this provision to
offer any new apprenticeship
training program or the expansion
of any existing program unless the
new program or expansion has been
approved by the chancellor.
(b) Notwithstanding Section 8152 of
the Education Code, each 60-minute
hour of teaching time devoted to
each indentured apprentice
enrolled in and attending classes
of related and supplemental
instruction as provided under
Section 3074 of the Labor Code
shall be reimbursed at the rate of
$5.06 per hour. For purposes of
this provision, each hour of
teaching time may include up to 10
minutes for passing time and
breaks.
7. Funds appropriated in Schedule (3),
Growth for Apportionments, shall be
available first to any districts
bringing online in the current fiscal
year newly accredited colleges or
California Postsecondary Education
Commission-approved educational
centers. It is the intent of the
Legislature that increases in basic
foundation allocations to each college
be funded prior to additional growth
in full-time equivalent students. The
Chancellor of the California Community
Colleges shall provide a report by
November 1 of each year, to the
Department of Finance and the
Legislative Analyst, on the number of
new centers and colleges added for the
current fiscal year and those
anticipated to be added for the
prospective budget year. This report
shall also detail the specific funding
adjustments provided for basic
foundation allocations to each college
and center for the current fiscal year.
8. Notwithstanding any other provision of
law, funds appropriated in Schedule
(3) for Growth for Apportionments
shall only be allocated for growth in
full-time equivalent students (FTES),
on a district-by-district basis, as
determined by the Chancellor of the
California Community Colleges. The
chancellor shall not include any FTES
from concurrent enrollment in physical
education, dance, recreation, study
skills, and personal development
courses and other courses in conflict
with existing law for the purpose of
calculating a district's three-year
overcap adjustment. The Board of
Governors of the California Community
Colleges shall implement the criteria
required by subdivision (a) of
Provision 5 of Item 6870-101-0001 of
the Budget Act of 2003 (Ch. 157,
Stats. 2003) for the allocation of
funds appropriated in Schedules (1)
and (3), so as to ensure that courses
related to student needs for transfer,
basic skills, and vocational/workforce
training are accorded the
highest priority and are provided to
the maximum extent possible within
budgeted funds.
10. Of the amount appropriated in Schedule
(1), $10,000,000 shall only be
available for noncredit instruction to
prepare pupils to pass the California
High School Exit Examination (CAHSEE).
The first priority shall be to serve
high school pupils from the class of
2007 who met all other graduation
requirements except for passage of the
CAHSEE. Remaining funds may be used to
support other necessary noncredit
courses for other pupils who not only
did not pass the CAHSEE, but who did
not complete other coursework
necessary to meet high school
graduation requirements. These funds
are intended to supplement but not
supplant existing funding for these
purposes.
11. The funds appropriated in Schedule
(4), Student Success for Basic Skills
Students, shall be allocated as
follows:
(a) $1,600,000 for faculty and staff
development to improve curriculum,
instruction, student services, and
program practices in the areas of
basic skills and English as a
Second Language (ESL) programs.
The Office of the Chancellor of
the California Community Colleges
shall select a district, utilizing
a competitive process, to carry
out these faculty and staff
development activities. All
colleges receiving funds pursuant
to subdivision (b) shall be
provided with the opportunity to
participate in the faculty and
staff development programs
specified in this subdivision. The
chancellor shall report on the use
of these funds by the selected
district to the Legislative
Analyst and the Department of
Finance not later than September
1, 2009.
(b) $31,500,000 for allocation by the
chancellor to community college
districts for improving outcomes
of students who enter college
needing at least one course in ESL
or basic skills, with particular
emphasis on students transitioning
from high school.
(c) Funding specified in subdivisions
(a) and (b) shall be distributed
to eligible applicants pursuant to
Chapter 489 of the Statutes of
2007.
(d) The Office of the Chancellor shall
work jointly with the Department
of Finance and the Legislative
Analyst to develop annual
accountability measures for this
program. It is the intent of the
Legislature that annual
performance accountability
measures for this program utilize,
to the extent possible, data
available as part of the
accountability system developed
pursuant to Section 84754.5 of the
Education Code. By November 1,
2009, the chancellor shall submit
a report to the Governor and
Legislature on the annual
accountability measures developed
pursuant to this process.
12. (a) Of the funds appropriated in
Schedule (5) for Student Financial
Aid Administration, not less than
$9,864,000 is available to provide
$0.91 per unit reimbursement to
community college districts for
the provision of board of
governors (BOG) fee waiver awards
pursuant to paragraph (2) of
subdivision (m) of Section 76300
of the Education Code.
(b) Of the funds appropriated in
Schedule (5), not less than
$4,405,000 is available to provide
reimbursement of 2 percent of
total waiver value to community
college districts for the
provision of BOG fee waiver awards
pursuant to paragraph (2) of
subdivision (m) of Section 76300
of the Education Code.
(c) Funding provided to community
college districts in subdivisions
(a) and (b) of Provision 15 is
provided to directly offset any
mandated costs claimed by
community college districts
pursuant to Commission on State
Mandates Test Claims 99-TC-13
(Enrollment Fee Collection) and 00-
TC-15 (Enrollment Fee Waivers).
(d) (1) Of the amount appropriated in
Schedule (5), $2,800,000 shall
be for a contract with a
community college district to
conduct a statewide media
campaign to promote the
general message to prospective
students as follows: (A) the
California Community Colleges
(CCC) remain affordable, (B)
financial aid and tax credits
are available to cover
enrollment fees and help with
books and other costs, and (C)
the active encouragement of
contact between pupils and
local CCC financial aid
offices. Any funds used from
this source to produce radio,
television, or mail campaigns
must emphasize the
availability of financial aid,
the easiest and most reliable
method of accessing the aid, a
contact telephone number, an
Internet Web site address,
where applicable, and the
physical location of a
financial aid office. Any mail
campaign must give priority to
existing pupils, recent high
school graduates, and 12th
graders. The outreach and
information campaign should
target its efforts in
high schools, welfare offices,
unemployment offices,
churches, community centers,
and any other location that
will most effectively reach
low-income and disadvantaged
students who must overcome
barriers in accessing
postsecondary education. The
community college district
awarded the contract shall
consult with the Chancellor of
the California Community
Colleges and the Student Aid
Commission prior to performing
any activities to ensure
appropriate coordination with
any other state efforts in
this area and ensure
compliance with this provision.
(2) Of the amount appropriated in
Schedule (5), not more than
$34,200,000 shall be for
direct contact with potential
and current financial aid
applicants. Each CCC campus
shall receive a minimum
allocation of $50,000. The
remainder of the funding shall
be allocated to campuses based
upon a formula reflecting full-
time equivalent students
(FTES) weighted by a measure
of low-income populations as
demonstrated by BOG fee waiver
program participation within a
district. It is the intent of
the Legislature, to the extent
that funds are provided in
this item, that all campuses
provide additional staff
resources to increase both
financial aid participation
and student access to low-
income and disadvantaged
students who must overcome
barriers in accessing
postsecondary education. Funds
may be used for screening
current students for possible
financial aid eligibility and
offering personal assistance
to these students in accessing
financial aid, providing
individual help in
multiple languages for
families and students in
filling out the necessary
paperwork to apply for
financial aid, and increasing
financial aid staff to process
additional financial aid forms.
(3) Funds allocated to a community
college district for financial
aid personnel, outreach
determination of financial
need, and delivery of student
financial aid services shall
supplement, and shall not
supplant, the level of funds
allocated for the
administration of student
financial aid programs during
the 2001-02 fiscal year.
(4) It is the intent of the
Legislature that the Office of
the Chancellor of the
California Community Colleges
provide the Legislature with a
report not later than April 1,
2009, on the use of the funds
allocated pursuant to
paragraphs (1) and (2) of this
subdivision (d), including the
distribution of the funds,
specific uses of the funds,
strategies employed to reach
low-income and disadvantaged
students potentially eligible
for financial aid, and the
extent to which districts were
successful in increasing the
number of students accessing
financial aid, particularly
the maximum Pell Grant award.
(5) It is the intent of the
Legislature that the
chancellor report by September
1, 2008, in the manner and
using the factors set forth in
paragraph (5) of subdivision
(b) of Provision 11 of Item
6870-101-0001 of Section 2.00
of the Budget Act of 2004 (Ch.
208, Stats. 2004), on the
impact of outreach efforts on
student headcount and FTES
enrollment for the 2005-06 and
2006-07 academic years.
13. Of the funds appropriated in Schedule
(19) for Extended Opportunity Programs
and Services, $106,786,000 is for
Extended Opportunity Programs and
Services (EOPS) in accordance with
Article 8 (commencing with Section
69640) of Chapter 2 of Part 42 of
Division 5 of Title 3 of the Education
Code. Funds provided in this item for
EOPS shall be available to students on
all campuses within the California
Community College system, including
those students on new campuses or in
new districts. In addition,
$15,505,000 is for funding, at all
colleges, the Cooperative Agencies
Resources for Education (CARE) program
in accordance with Article 4
(commencing with Section 79150) of
Chapter 9 of Part 48 of Division 7 of
Title 3 of the Education Code. The
Board of Governors of the California
Community Colleges shall allocate
funds on a priority basis to local
programs on the basis of need for
student services.
14. Of the funds appropriated in Schedule
(19) for the Extended Opportunity
Programs and Services, $1,900,000
shall be available to support
additional textbook assistance grants
to community college students as an
allowable expenditure consistent with
paragraph (10) of subdivision (b) of
Section 69648 of the Education Code.
15. The funds appropriated in Schedule
(20) for the Fund for Student Success
is for additional targeted student
services, to be expended as follows:
(a) $1,921,000 is for the Puente
Project to support up to 75
colleges. These funds are
available if matched by $200,000
of private funds and the
participating community colleges
and University of California
campuses maintain their 1995-96
fiscal year support level for the
Puente Project. All funding shall
be allocated directly to
participating districts in
accordance with their
participation agreement.
(b) Up to $2,459,000 is for the
Mathematics, Engineering and
Science Achievement (MESA)
Program. For each dollar
allocated, the recipient district
shall provide $1 in matching funds.
(c) No less than $1,778,000 is for the
Middle College High School
Program. With the exception of
fully compliant special part-time
students at the community colleges
pursuant to Sections 48802 and
76001 of the Education Code,
student workload based on
participation in the Middle
College High School Program shall
not be eligible for community
college state apportionment.
Further, no community college
state apportionment shall be made
available for physical education
classes, noncredit classes, nor
other courses specified in
Provision 8.
16. (a) The funds appropriated in Schedule
(6) for the Disabled Students
Program are for assisting
districts in funding the excess
direct instructional cost of
providing special support services
or instruction, or both, to
disabled students enrolled at
community colleges, and for state
hospital programs, as mandated by
federal law.
(b) Of the amount appropriated in
Schedule (6), no less than
$3,945,000 shall be used to
address deficiencies identified by
the federal Office of Civil Rights
(OCR), as determined by the Office
of the Chancellor of the
California Community Colleges.
(c) Of the amount appropriated in
Schedule (6), at least $943,000
shall be used for support of the
High Tech Centers for activities
including, but not limited to,
training of district employees,
staff, and students in the use of
specialized computer equipment for
the disabled. All High Tech
Centers shall meet standards
developed by the Office of the
Chancellor. Colleges that receive
these augmentations shall not
supplant existing resources
provided to the centers.
(d) Notwithstanding any other
provision of law, of the funds
appropriated in Schedule (6),
$1,246,000 shall be for state
hospital adult education programs
at the hospitals served by the
Coast and Kern Community College
Districts since the 1986-87 fiscal
year. If adult education services
at any of the three hospitals are
not supported by the community
colleges in any portion of the
2008-09 fiscal year, remaining
funds shall, upon order of the
Department of Finance, after 30
days' notice to the Chairperson of
the Joint Legislative Budget
Committee, be transferred to the
State Department of Developmental
Services (DDS). For any transfer
of funds to DDS during the 2008-09
fiscal year, the Proposition 98
base funding levels for community
colleges and DDS shall be adjusted
accordingly.
(e) Of the funds appropriated in
Schedule (6) for the Disabled
Student Services, no less than
$9,600,000 shall be allocated to
support high-cost sign language
interpreter services and real-time
captioning equipment or other
communication accommodations for
hearing-impaired students based on
a 4-to-1 state-to-local district
match.
17. The funds appropriated in Schedule
(7), Special Services for CalWORKs
Recipients, are for the purpose of
assisting welfare recipient students
and those in transition off of welfare
to achieve long-term self-sufficiency
through coordinated student services
offered at community colleges,
including workstudy, other educational
related work experience, job placement
services, child care services, and
coordination with county welfare
offices to determine eligibility and
availability of services. All services
funded in Schedule (7) shall be for
current CalWORKs recipients or prior
CalWORKs recipients who are in
transition off of cash assistance for
no more than two years. Current cash-
assistance recipients may utilize
these services until their initial
educational objectives are met. Former
recipients in transition off of cash
assistance may utilize these services
for a period of up to two years after
leaving cash assistance subject to the
conditions of this provision.
These funds shall be used to
supplement and not supplant existing
funds and services provided for
CalWORKs recipients attending
community colleges. The Chancellor of
the California Community Colleges
shall develop an equitable method for
allocating funds to all districts and
colleges based on the relative numbers
of CalWORKs recipients in attendance
and shall allocate funds for the
following purposes:
(a) Job placement.
(b) Coordination with county welfare
offices and other local agencies,
including local workforce
investment boards.
(c) Curriculum development and
redesign.
(d) Child care and workstudy.
(e) Instruction.
(f) Postemployment skills training and
related skills.
(g) Campus-based case management,
limited to on-campus assistance
and services not provided by
county case workers that do not
supplant other counseling and
academic support services funded
through existing California
Community Colleges categorical
programs.
Of the amount appropriated in
Schedule (7), $15,000,000 is for child
care and does not require a district
match. For the remaining funds,
districts shall, as a condition of
receipt of these funds, provide a $1
match for every $1 provided by the
state.
Funds utilized for subsidized child
care shall be for children of CalWORKs
recipients through campus-based
centers or parental choice vouchers at
rates and with rules consistent with
those applied to related programs
operated by the State Department of
Education in the 2008-09 fiscal year,
including eligibility, reimbursement
rates, and parental contribution
schedules. Subsidized campus child
care for CalWORKs recipients may be
provided during the period they are
engaged in qualifying state and
federal work activities through
attainment of their initial education
and training plan and for up to three
months thereafter or until the end of
the academic year, whichever period of
time is greater.
Funds utilized for workstudy shall be
used solely for payments to employers
that currently participate in campus-
based workstudy programs or are
providing work experiences that are
directly related to and in furtherance
of student educational programs and
work participation requirements,
provided that those payments may not
exceed 75 percent of the wage for the
workstudy positions, and the employers
shall pay at least 25 percent of the
wage for the workstudy positions.
These funds may be expended only if
the total hours of education,
employment, and workstudy for the
student are sufficient to meet both
state and federal minimum requirements
for qualifying work-related activities.
Funds may be used to provide credit
or noncredit classes for CalWORKs
students if a district has committed
all of its funded full-time equivalent
students (FTES) and is unable to offer
the additional instructional services
to meet the demand for CalWORKs
students. This determination shall be
based on fall enrollment information.
Districts shall submit applications to
the Office of the Chancellor by
October 15 of each year. If the
chancellor approves the use of funds
for direct instructional workload, the
Office of the Chancellor shall submit
a report to the Department of Finance
and the Joint Legislative Budget
Committee by November 15, 2008, that
(a) identifies the enrollment of new
CalWORKs students, (b) states whether
and why additional classes were needed
to accommodate the needs of CalWORKs
students, and (c) sets forth an
expenditure plan for the balance of
funds.
As a condition of receipt of the
funds appropriated in Schedule (7), by
the fourth week following the end of
the semester or quarter term
commencing in January 2009, each
participating community college shall
submit to the Office of the Chancellor
a report, in the format specified by
the chancellor in consultation with
the State Department of Social
Services, that includes, but is not
limited to, the funded components, the
number of hours of child care
provided, the average monthly
enrollment of CalWORKs dependents
served in child care, the number of
workstudy hours provided, the hourly
salaries and type of jobs, the number
of students being case managed, the
short-term programs available, the
student participation rates, and other
outcome data. It is intended that, to
the extent practical, reporting from
colleges utilize data gathered for
federal reporting requirements at the
state and local level. Further, it is
intended that the Office of the
Chancellor compile the information for
annual reports to the Legislature, the
Governor, the Legislative Analyst, the
Department of Finance, and the State
Department of Social Services by
November 15 of each year.
First priority for expenditures of
any funds appropriated in Schedule (7)
shall be in support of current
CalWORKs recipients. However, if
caseloads are insufficient to fully
utilize all of the funding in this
schedule in a cost-beneficial way, it
is intended that up to $5,000,000 of
the funds subject to local matching
requirements may be allocated for
providing postemployment services to
former CalWORKs recipients who have
been off of cash assistance for no
longer than two years to assist them
in upgrading skills, job retention,
and advancement. Allowable services
include direct instruction that cannot
be funded under available growth
funding, child care to support
attendance in these classes consistent
with this provision, job development
and placement services, and career
counseling and assessment activities
which cannot be funded through other
programs. Child care services may only
be provided for periods commensurate
with a student's need for
postemployment training within the two-
year transitional period.
Prior to allocation of funds for
postemployment services, the
chancellor shall first secure the
approval of the Department of Finance
for the allocations, complete a
cumulative report on the outcomes,
activities, and cost-effectiveness of
the program no later than November 15,
2008, in compliance with the Budget
Acts of 1998 (Ch. 324, Stats. 1998)
and 1999 (Ch. 50, Stats. 1999) and
this act, and shall provide the
rationale and justification for the
proposed allocation of postemployment
services to districts for transitional
students.
If a district is unable to fully
expend its share of child care funds,
it may request that the Office of the
Chancellor approve a reallocation to
other CalWORKs purposes authorized by
this provision, subject to all
pertinent limitations and district
match required for these purposes
under this provision.
Of the funds appropriated in Schedule
(7) for the Special Services for
CalWORKs Recipients Program, no less
than $8,000,000 is to provide direct
workstudy wage reimbursement for
students served under this program,
and $1,000,000 is available for campus
job development and placement services.
18. Funds appropriated in Schedule (7) for
the Special Services for CalWORKs
Recipients Program have been budgeted
to meet the state's Temporary
Assistance for Needy Families
maintenance-of-effort requirement
pursuant to the federal Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996 (P.L. 104-
193) and may not be expended in any
way that would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
19. (a) Funds provided in Schedule (8) for
the Foster Care Education Program
shall be allocated to provide
foster and relative/kinship care
education and training. Districts
shall ensure that education and
training required by Sections
1529.1 and 1529.2 of the Health
and Safety Code and Section 16003
of the Welfare and Institutions
Code receive priority. Districts
may use any remaining funds for
additional parenting skills
training.
(b) Funds provided in Schedule (8)
shall be used for foster parent
and relative/kinship care provider
education training services
consistent with the following
criteria:
(1) The Chancellor of the
California Community Colleges
shall use these funds
exclusively for foster parent
and relative/kinship care
provider education and
training, as specified by the
chancellor in consultation
with an advisory committee
that includes foster parents,
representatives of statewide
foster parent organizations,
parent and relative/kinship
care providers, and
representatives from the State
Department of Social Services.
(2) Acceptance of funds under this
program shall constitute
agreement by the district to
comply with such reporting
requirements, guidelines, and
other conditions for receipt
of funding as the chancellor
may establish.
(3) Each college plan for foster
and relative/kinship care
education programs shall
include the provision of
training to facilitate the
development of foster family
homes, small family homes, and
relative/kinship homes to care
for no more than six children
who have special mental,
emotional, developmental, or
physical needs.
(4) The State Department of Social
Services shall facilitate the
participation of county
welfare departments in the
foster and relative/kinship
care education program.
20. (a) Funds appropriated in Schedule (9)
for the Matriculation Program are
for the purpose of student
matriculation pursuant to Article
1 (commencing with Section 78210)
of Chapter 2 of Part 48 of
Division 7 of Title 3 of the
Education Code.
(b) Of the amount appropriated in
Schedule (9), $20,000,000 shall be
allocated to community college
districts on a one-to-one matching
funds basis to provide
matriculation services, including,
but not limited to, orientation,
assessment, and counseling, for
students enrolled in designated
noncredit classes and programs who
may benefit most, as determined by
the Chancellor of the California
Community Colleges pursuant to
Sections 78216 to 78218,
inclusive, of the Education Code.
21. The funds in Schedule (13) for the
Part-time Faculty Compensation Program
shall be allocated solely to increase
compensation for part-time faculty
from the amounts previously
authorized. Funds shall be distributed
to districts based on the total actual
full-time equivalent students served
in the previous fiscal year and
include a small district factor as
determined by the Chancellor of the
California Community Colleges. These
funds are to be used to assist
districts in making part-time faculty
salaries more comparable to full-time
salaries for similar work, as
determined through each district's
local collective bargaining process.
These funds shall not supplant the
amount of resources each district used
to compensate part-time faculty or be
used to exceed parity of each part-
time faculty employed by each district
with regular full-time faculty at the
same district, as certified by the
chancellor. If a district achieves
parity, its allocation may be used for
any other educational purpose.
22. (a) $24,197,000 of the funds provided
in Schedule (15) for the
Telecommunications and Technology
Services Program shall be for the
purpose of supporting technical
and application innovations and
for coordination of activities
that serve to maximize the utility
of the technology investments of
the community college system
towards improving learning
outcomes. Allocations shall be
made by the Chancellor of the
California Community Colleges,
based on criteria and guidelines
as developed by the chancellor, on
a competitive basis through the
RFA/RFP application process for
the following purposes:
(1) Provision of access to
statewide multimedia hosting
and delivery services for
system colleges and districts.
(2) Provision of systemwide
Internet, audio bridging, and
telephony.
(3) Technical assistance and
planning, cooperative purchase
agreements, and faculty and
staff development in a manner
consistent with paragraph (3)
of subdivision (b) of
Provision 17 of Item 6870-101-
0001 of Section 2.00 of the
Budget Act of 1996 (Ch. 162,
Stats. 1996).
(4) Ongoing support for the
California Virtual University
Distance Education Program.
(5) Ongoing support for programs
designed to use technology in
assisting accreditation and
the alignment of curricula
across K-20 segments in
California.
(6) Support for technology pilots
and ongoing technology
programs and applications that
serve to maximize the utility
and economy of scale of the
technology investments of the
community college system
towards improving learning
outcomes.
In addition, a portion of the
funds provided in this subdivision
shall be available for allocations
to districts. It is the intent of
the Legislature that these funds
be used by colleges to maintain
the technology capabilities
specified in subdivision (a) of
Provision 21 of Item 6870-101-0001
of the Budget Act of 2003 (Ch.
157, Stats. 2003). These funds
shall not supplant existing funds
used for those purposes, and
colleges shall match maintenance
and ongoing costs with other funds
as provided by Provision 21(a) of
Item 6870-101-0001 of the Budget
Act of 2003 (Ch. 157, Stats. 2003).
(b) The Office of the Chancellor of
the California Community Colleges
shall develop the reporting
criteria for all programs funded
by this item and shall submit that
for review along with an annual
progress report on program
implementation to the Legislative
Analyst, the Office of the
Secretary for Education, and the
Department of Finance no later
than December 1 of each year.
Reporting shall include summaries
of allocations and expenditures by
program and by district, where
applicable.
(c) Of the funds provided in Schedule
(15), $2,000,000 is for ongoing
support and expansion of the
California Partnership for
Achieving Student Success (Cal-
PASS) program. As a condition of
receipt of these funds, the
grantee shall submit to the Office
of the Chancellor, by October 15
of each year, all of the
following: (1) a report that
includes the numbers and
percentages of institutions and
school districts that have signed
agreements and the number and
percentage that have actively
submitted data in the current
year, (2) the results of an annual
program evaluation, as prescribed
by the chancellor, that
sufficiently documents the value
and productivity of the program,
and (3) an annual financial audit,
as prescribed by the chancellor,
that includes an accounting of all
funding sources and all uses of
funds by funding source. It is the
intent of the Legislature that all
reporting requirements contained
in this subdivision shall be
completed using funds provided
to the grantee.
23. Of the funds provided in Schedule (16)
for the Economic and Workforce
Development Program:
(a) $22,830,000 is allocated for
grants for regional business
resources assistance and
innovation network centers. Each
grant awarded to a district for
Centers for International
Development shall contain
sufficient funds, as determined by
the Chancellor of the California
Community Colleges, for the
continued operation of Mexican
International Trade Centers.
(b) $7,822,000 is allocated for
industry-driven regional education
and training collaboratives. These
grants shall be made on a
competitive basis and the award
amounts shall not be restricted to
any predetermined limit, but
rather shall be funded on their
individual merits.
(c) $3,609,000 is allocated for
statewide network leadership,
organizational development,
coordination, information and
support services, or other program
purposes.
(d) $4,529,000 is available for Job
Development Incentive Training
programs focused on job creation
for public assistance recipients.
Any annual savings from this
subdivision shall only be
available for expenditure for one-
time activities listed under
subdivision (j) of Section 88531
of the Education Code.
(e) $8,000,000 is allocated for the
establishment of a Responsive
Incumbent Worker Training Fund,
which will serve to expand the
delivery of performance
improvement training to employers
and incumbent workers in high-
growth industries. Funds shall
also be used to develop programs
that integrate basic skills and
career technical education
curriculum in ways that provide
students with seamless educational
coursework that transitions
students into high-tech and high-
demand job sectors.
(f) The following provisions apply to
the expenditure of funds within
subdivisions (a) and (b): Funds
allocated for centers and regional
collaboratives shall seek to
maximize the use of state funds
for subdivisions (g) to (j),
inclusive, of Section 88531 of the
Education Code. Funds allocated to
districts for purposes of
subdivisions (g) and (i) of
Section 88531 of the Education
Code for performance-based
training and student internships
shall be matched by a minimum of
$1 of private business and
industry funding for each $1 of
state funds. Funds allocated for
purposes of subdivision (h) of
Section 88531 of the Education
Code for credit and noncredit
instruction may be transferred to
Schedule (1) or (3) to facilitate
distribution at the chancellor's
discretion. Any funds that become
available from network centers due
to savings, discontinuance, or
reduction of amounts shall first
be made available for additional
allocations in subdivision (b) to
increase the level of
subsidized training otherwise
available.
(g) Funds allocated by the Board of
Governors of the California
Community Colleges under this
provision may not be used by
community college districts to
supplant existing courses or
contract education offerings. The
chancellor shall ensure that funds
are spent only for expanded
services and shall implement
accountability reporting for
districts receiving these funds to
ensure that training, credit, and
noncredit programs remain relevant
to business needs. Programs that
do not demonstrate continued
relevance and support by business
shall not be eligible for
continued funding. The board of
governors shall consider the level
of involvement and financial
commitments of business and
industry as primary factors in
making awards. The chancellor
shall incorporate grant
requirements into the guidelines
for audits of economic development
grants.
(h) Primary objectives of the Economic
and Workforce Development Program
are to maximize instruction, to
prepare students for entry-level
jobs, to increase skills of the
current workforce, and to
stimulate the growth of businesses
through training so that more jobs
are created. As part of the annual
report on the performance of the
Economic and Workforce Development
Program, the chancellor shall
provide disaggregated data
detailing the funding provided to
each economic development regional
center and each industry-driven
regional education and training
collaborative, and to the extent
practicable, the total number of
hours of contract education
services, performance improvement
training, credit and noncredit
instruction, and job placements
created as a result of each center
and collaborative.
24. (a) The funds appropriated in Schedule
(17) for the Transfer Education
and Articulation Program are
available to support transfer and
articulation projects and common
course numbering projects.
(b) Funding provided to community
college districts from Schedule
(17) is provided to directly
offset any mandated costs claimed
by community college districts
pursuant to Chapter 737 of the
Statutes of 2004.
25. (a) $13,673,000 of the funds
appropriated in Schedule (18) is
available for the following
purposes:
(1) Scheduled maintenance and
special repairs of facilities.
The Chancellor of the
California Community Colleges
shall allocate funds to
districts on the basis of
actual reported full-time
equivalent students (FTES),
and may establish a minimum
allocation per district. As a
condition for receiving and
expending these funds for
maintenance or special
repairs, a district shall
certify that it will increase
its operations and maintenance
spending from the 1995-96
fiscal year by the amount it
allocates from this
appropriation for maintenance
and special repairs, plus an
equal amount to be provided
from district discretionary
funds. The chancellor may
waive all or a portion of the
matching requirement based
upon a review of a district's
financial condition. The
question of whether a district
has complied with its
resolution shall be reviewed
under the annual audit of that
district. For every $1 a
district expends from this
appropriation for scheduled
maintenance and special
repairs, the recipient
district shall provide $1 in
matching funds.
(2) Hazardous substances
abatement, cleanup, and
repairs.
(3) Architectural barrier removal
projects that meet the
requirements of the federal
Americans with Disabilities
Act of 1990 (42 U.S.C. Sec.
12101 et seq.) and seismic
retrofit projects limited to
$400,000. Districts that
receive funds for
architectural barrier removal
projects shall provide a $1
match for every $1 provided by
the state.
(b) $13,672,000 of the funds
appropriated in Schedule (18) is
available for replacement of
instructional equipment and
library materials. For every $3 a
district expends from this
appropriation for replacement of
instructional equipment or library
materials, the recipient district
shall provide $1 in matching
funds. The chancellor may waive
all or a portion of the matching
requirement based upon a review of
a district's financial condition.
The funds provided for
instructional equipment and
library materials shall not be
used for personal services costs
or operating expenses. The
chancellor shall allocate funds to
districts on the basis of actual
reported FTES and may establish a
minimum allocation per district.
The question of whether a district
has complied with its resolution
shall be reviewed under the annual
audit of that district.
(c) The funds appropriated in Schedule
(18) shall be available for
expenditure until June 30, 2010.
26. Pursuant to Sections 69648.5, 78216,
and 84850, and subdivision (b) of
Section 87108, of the Education Code,
the Board of Governors of the
California Community Colleges may
allocate funds appropriated in
Schedules (6), (9), (11), and (19) by
grant or contract, or through the
apportionment process, to one or more
districts for the purpose of providing
program evaluation, accountability,
monitoring, or program development
services, as appropriate under the
applicable statute.
27. The funds appropriated in Schedule
(21) for the Career Technical
Education Program are for the purpose
of aligning career-technical education
curriculum between K-12 and community
colleges in targeted industry-driven
programs offered through the Economic
and Workforce Development Program.
Prior to the allocation of these
funds, the Chancellor of the
California Community Colleges, in
conjunction with the State Department
of Education, shall submit a proposed
expenditure plan for the funds
contained in this item, and the
rationale therefor, to the Department
of Finance by August 1, 2008, for
approval.
Of the funds appropriated in Schedule
(21), $2,500,000 is available for the
development and enhancement of health-
related career pathway programs in
grades 7 to 12, inclusive, and for the
articulation and alignment of health-
related curriculum between schools
with pupils in kindergarten and grades
1 to 12, inclusive, and the California
Community Colleges.
28. The funds appropriated in Schedule
(22) for the Campus Childcare Tax
Bailout shall be allocated by the
Chancellor of the California Community
Colleges to community college
districts that levied child care
permissive override taxes in the 1977-
78 fiscal year pursuant to Sections
8329 and 8330 of the Education Code in
an amount equal to the property tax
revenues, tax relief subventions, and
state aid required to be made
available by the district to its child
care and development program for the
1979-80 fiscal year pursuant to
Section 30 of Chapter 1035 of the
Statutes of 1979, increased by any
cost-of-living increases granted in
subsequent fiscal years. These funds
shall be used only for the purpose of
community college child care and
development programs.
29. With regard to the funds appropriated
in Schedule (23), Nursing Program
Support, all of the following shall
apply:
(a) $14,000,000 shall be used to
provide support for nursing
program enrollment and equipment
needs consistent with paragraph
(2) of subdivision (a) of Section
2 of Chapter 514 of the Statutes
of 2001. Grant funding for nursing
enrollment shall provide a
marginal increase in funding in
addition to the amount provided
for each full-time equivalent
student for regular growth in
apportionments.
(b) $8,100,000 shall be used to
provide diagnostic and support
services, preentry coursework,
alternative program delivery model
development, and other services to
reduce the incidence of student
attrition in nursing programs.
(d) The Board of Governors of the
California Community Colleges
shall develop a request for
applications (RFA) to allocate the
additional $5,214,000 of funds in
subdivision (b) to community
college districts. Criteria for
assessing each RFA shall include
all of the following:
(1) The degree to which the funds
provided would be used to
increase student enrollment in
nursing programs beyond the
level of full-time equivalent
students served in the 2007-08
academic year.
(2) The district's level of
attrition from nursing
programs and the suitability
of planned expenditures to
address attrition levels.
(3) The degree to which funds
provided would be used to
support infrastructure or
equipment needs with the
intent of building capacity
and increasing the number of
nursing students served.
(4) For districts with attrition
rates of 15 percent or more,
new grant funding shall focus
on attrition reduction. For
districts with attrition rates
below 15 percent, new grant
funding shall focus on
enrollment expansion.
(e) The board of governors shall
release the RFA no sooner than 30
days after submitting it to the
Legislature and the Department of
Finance for review.
(f) On or before March 1 of each year,
the Chancellor of the California
Community Colleges shall provide
the Legislature and the Department
of Finance with a report on the
allocation of funding. For each
district receiving funding under
this item, the report shall
include all of the following: (1)
the amount of funding received,
(2) the number of nursing full-
time equivalent students served in
the 2006-07 academic year, and the
additional number of nursing full-
time equivalent students served
with funding provided in this item
in each subsequent year, (3) the
district's attrition and
completion rates in the 2006-07
academic year and subsequent
years, (4) any equipment or
infrastructure-related items
acquired with the funds
appropriated in this item, and (5)
the number of new and existing
faculty receiving annual stipend
awards.
SEC. 32. Item 6870-295-0001 of Section 2.00 of
the Budget Act of 2008 is amended to read:
6870-295-0001--For local assistance, Board
of Governors of the California Community
Colleges (Proposition 98), for
reimbursement, in accordance with provisions
of Section 6 of Article XIII B of the
California Constitution or Section 17561 of
the Government Code, of the costs of any new
program or increased level of service of an
existing program mandated by statute or
executive order, for disbursement by the
Controller................................... 3,000
Schedule:
(1) 98.01.000.184-Health Fees
(Ch. 1, Stats. 1984, 2nd
Ex. Sess.) (CSM-4206)...... 1,000
(2) 98.01.090.896-Sex
Offenders: Disclosure
Requirements (Ch. 908,
Stats. 1996) (CSM-97-TC-
15)........................ 1,000
(3) 98.01.028.498-Law
Enforcement Jurisdiction
Agreements (Ch. 284,
Stats. 1998) (CSM-98-TC-
20)........................ 1,000
Provisions:
1. Allocation of funds appropriated in
this item to the appropriate local
entities shall be made by the
Controller in accordance with the
provisions of each statute or
executive order that mandates the
reimbursement of the costs, and
shall be audited to verify the
actual amount of the mandated costs
in accordance with subdivision
(d) of Section 17561 of the
Government Code. Audit adjustments
to prior year claims may be paid
from this item. Funds appropriated
by this item may be used to provide
reimbursement pursuant to Article 5
(commencing with Section 17615) of
Chapter 4 of Part 7 of Division 4 of
Title 2 of the Government Code.
2. If any of the scheduled amounts are
insufficient to provide full
reimbursement of costs, the
Controller may, upon notifying the
Director of Finance in writing,
augment those deficient amounts from
the unencumbered balance of any
other scheduled amounts therein. No
order may be issued pursuant to this
provision unless written
notification of the necessity
therefor is provided to the
chairpersons of the committees in
each house of the Legislature that
consider appropriations, and the
Chairperson of the Joint Legislative
Budget Committee or his or her
designee.
SEC. 33. Section 12.40 of the Budget Act of
2008 is repealed.
SEC. 34. Section 12.42 is added to the Budget
Act of 2008, to read:
Sec. 12.42. (a) The amounts appropriated in the items set forth in
subdivision (b) are each hereby reduced by the percentage determined
by dividing 943,773,000 by the sum of the amounts appropriated in
the items set forth in subdivision (b).
(b) Subdivision (a) shall apply to Items 6110-103-0001,
6110-104-0001, 6110-105-0001, 6110-107-0001, 6110-108-0001,
6110-113-0001, 6110-119-0001, 6110-122-0001, 6110-123-0001,
6110-124-0001, 6110-125-0001, 6110-137-0001, 6110-144-0001,
6110-150-0001, 6110-151-0001, 6110-156-0001, 6110-158-0001,
6110-166-0001, 6110-167-0001, 6110-181-0001, 6110-182-0001,
6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001,
6110-209-0001, 6110-211-0001, 6110-220-0001, 6110-224-0001,
6110-227-0001, 6110-228-0001, 6110-232-0001, 6110-240-0001,
6110-242-0001, 6110-243-0001, 6110-244-0001, 6110-245-0001,
6110-246-0001, 6110-247-0001, 6110-248-0001, 6110-260-0001,
6110-265-0001, 6110-266-0001, 6110-267-0001, 6110-268-0001, as
amended by Chapter 269, Statutes of 2008 and 6360-101-0001 of Section
2.00 of the Budget Act of 2008.
SEC. 35. Section 35.80 of the Budget Act of
2008 is repealed.
SEC. 36. (a) Notwithstanding any other law,
fifty-two million eight hundred nineteen thousand nine hundred
thirty-five dollars ($52,819,935) is reduced from the amount
appropriated to the Economic Impact Aid Program in Item 6110-128-0001
of Section 2.00 of the Budget Act of 2008 (Chs. 268 and 269, Stats.
2008).
(b) Notwithstanding any other law, two million dollars
($2,000,000) is reduced from the amount appropriated to the K-12
High-Speed Network in Item 6110-182-0001 of Section 2.00 of the
Budget Act of 2008 (Chs. 268 and 269, Stats. 2008).
(c) Notwithstanding any other law, two million dollars
($2,000,000) is reduced from the amount appropriated to the Teacher
Incentives National Board Certification Program in Item 6110-195-0001
of Section 2.00 of the Budget Act of 2008 (Chs. 268 and 269, Stats.
2008).
(d) Notwithstanding any other law, five hundred seventy million
dollars ($570,000,000) is reduced from the amount appropriated to the
State Department of Education for class size reduction in
kindergarten and grades 1 to 3, inclusive, in Item 6110-234-0001 of
Section 2.00 of the Budget Act of 2008 (Chs. 268 and 269, Stats.
2008).
(e) Notwithstanding any other law, one million dollars
($1,000,000) is reduced from the amount appropriated to the Pupil
Retention Block Grant Program in Item 6110-243-0001 of Section 2.00
of the Budget Act of 2008 (Chs. 268 and 269, Stats. 2008).
(f) Notwithstanding any other law, one million dollars
($1,000,000) is reduced from the amount appropriated to the
Certificated Staff Mentoring Program in Item 6110-267-0001 of Section
2.00 of the Budget Act of 2008 (Chs. 268 and 269, Stats. 2008).
(g) Notwithstanding any other law, one million dollars
($1,000,000) is reduced from the amount appropriated to the
California School Paraprofessional Teacher Training Program in Item
6360-101-0001 of Section 2.00 of the Budget Act of 2008 (Chs. 268 and
269, Stats. 2008).
SEC. 37. Notwithstanding any other provision of
law, the unobligated balances from the following items are
reappropriated to the State Department of Education for CalWORKs
Stage 2 Child Care services, in augmentation of, and for the purposes
specified in, Schedule (1.5) (e) of Item 6110-196-0001 of Section
2.00 of the Budget Act of 2008 (Chs. 268 and 269, Stats. 2008):
(a) Forty-three million two thousand six hundred fifteen dollars
($43,002,615) from Schedule (1) of Item 6110-196-0001 of Section 2.00
of the Budget Act of 2007 (Chs. 171 and 172, Stats. 2007).
(b) Fifty-one million thirty-six thousand five hundred fifty-three
dollars ($51,036,553) from Schedule (1.5)(a) of Item 6110-196-0001
of Section 2.00 of the Budget Act of 2007 (Chs. 171 and 172, Stats.
2007).
(c) Two million eight hundred forty-five thousand six hundred
forty-seven dollars ($2,845,647) from Schedule (1.5)(c) of Item
6110-196-0001 of Section 2.00 of the Budget Act of 2007 (Chs. 171 and
172, Stats. 2007).
(d) Six million three hundred ninety-nine thousand seven hundred
one dollars ($6,399,701) from Schedule (1.5)(d) of Item 6110-196-0001
of Section 2.00 of the Budget Act of 2007 (Chs. 171 and 172, Stats.
2007).
(e) Two hundred seventeen thousand three hundred fifty-three
dollars ($217,353) from Schedule (1.5)(g) of Item 6110-196-0001 of
Section 2.00 of the Budget Act of 2007 (Chs. 171 and 172, Stats.
2007).
(f) Four million one hundred twenty-three thousand five hundred
seventy-two dollars ($4,123,572) from Schedule (1.5)(i) of Item
6110-196-0001 of Section 2.00 of the Budget Act of 2007 (Chs. 171 and
172, Stats. 2007).
(g) Two hundred seventy-four thousand three hundred eighty-one
dollars ($274,381) from Schedule (1.5)(j) of Item 6110-196-0001 of
Section 2.00 of the Budget Act of 2007 (Chs. 171 and 172, Stats.
2007).
(h) Three thousand seventy-six dollars ($3,076) from Schedule
(1.5)(k) of Item 6110-196-0001 of Section 2.00 of the Budget Act of
2007 (Chs. 171 and 172, Stats. 2007).
(i) One hundred sixteen thousand one hundred fifteen dollars
($116,115) from Schedule (1.5)(n) of Item 6110-196-0001 of Section
2.00 of the Budget Act of 2007 (Chs. 171 and 172, Stats. 2007).
SEC. 38. (a) The sum of nine hundred five
million seven hundred thousand dollars ($905,700,000) is hereby
appropriated from the General Fund to the State Department of
Education. This appropriation reflects the portion of the February
2010 payment for the class size reduction in kindergarten and grades
1 to 3, inclusive, and the June 2010 principal apportionment that is
to be deferred until July 2010 and attributed to the 2010-11 fiscal
year. Notwithstanding any other law, the department shall encumber
the funds appropriated in this section by July 31, 2010. It is the
intent of the Legislature that, by extending the encumbrance
authority for the funds appropriated in this section to July 31,
2010, the funds will be treated in a manner consistent with Section
1.80 of the Budget Act of 2009. The appropriation is made in
accordance with the following schedule:
(1) Six million two hundred twenty-seven thousand dollars
($6,227,000) for apprenticeship programs to be expended consistent
with the requirements specified in Item 6110-103-0001 of Section 2.00
of the Budget Act of 2009.
(2) Ninety million one hundred seventeen thousand dollars
($90,117,000) for supplemental instruction to be expended consistent
with the requirements specified in Item 6110-104-0001 of Section 2.00
of the Budget Act of 2009. Of the amount appropriated by this
paragraph, fifty-one million sixty-one thousand dollars ($51,061,000)
shall be expended consistent with Schedule (1) of Item 6110-104-0001
of Section 2.00 of the Budget Act of 2009, twelve million three
hundred thirty thousand dollars ($12,330,000) shall be expended
consistent with Schedule (2) of that item, four million six hundred
ninety thousand dollars ($4,690,000) shall be expended consistent
with Schedule (3) of that item, and twenty-two million thirty-six
thousand dollars ($22,036,000) shall be expended consistent with
Schedule (4) of that item.
(3) Thirty-nine million six hundred thirty thousand dollars
($39,630,000) for regional occupational centers and programs to be
expended consistent with the requirements specified in Schedule (1)
of Item 6110-105-0001 of Section 2.00 of the Budget Act of 2009.
(4) Four million two hundred ninety-four thousand dollars
($4,294,000) for the Gifted and Talented Pupil Program to be expended
consistent with the requirements specified in Item 6110-124-0001 of
Section 2.00 of the Budget Act of 2009.
(5) Forty-five million eight hundred ninety-six thousand dollars
($45,896,000) for adult education to be expended consistent with the
requirements specified in Schedule (1) of Item 6110-156-0001 of
Section 2.00 of the Budget Act of 2009.
(6) Four million seven hundred fifty-one thousand dollars
($4,751,000) for community day schools to be expended consistent with
the requirements specified in Item 6110-190-0001 of Section 2.00 of
the Budget Act of 2009.
(7) Five million nine hundred forty-seven thousand dollars
($5,947,000) for categorical block grants for charter schools to be
expended consistent with the requirements specified in Item
6110-211-0001 of Section 2.00 of the Budget Act of 2009.
(8) Thirty-eight million seven hundred twenty thousand dollars
($38,720,000) for the School Safety Block Grant to be expended
consistent with the requirements specified in Schedule (1) of Item
6110-228-0001 of Section 2.00 of the Budget Act of 2009.
(9) Five hundred seventy million dollars ($570,000,000) for class
size reduction in kindergarten and grades 1 to 3, inclusive, to be
expended consistent with the requirements specified in Item
6110-234-0001 of Section 2.00 of the Budget Act of 2009.
(10) One hundred million one hundred eighteen thousand dollars
($100,118,000) for the Targeted Instructional Improvement Grant
Program to be expended consistent with the requirements specified in
Item 6110-246-0001 of Section 2.00 of the Budget Act of 2009.
(b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriations made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
2010-11 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2010-11 fiscal year.
SEC. 39. (a) Notwithstanding Sections 84320,
84321, and 84321.5 of the Education Code and any other law that
covers the regulations adopted by the Chancellor of the California
Community Colleges to disburse funds, two hundred million dollars
($200,000,000) from the payment of apportionments to districts
pursuant to Sections 84320, 84321, and 84321.5 of the Education Code
for July 2009, shall be deferred to October 2009.
(b) Notwithstanding any other law, one billion dollars
($1,000,000,000) from the payment of apportionments pursuant to
Section 14041 of the Education Code for July 2009, to local
educational agencies that maintain kindergarten and any of grades 1
to 12, inclusive, shall be deferred to October 2009.
(c) Notwithstanding any other law, one billion five hundred
million dollars ($1,500,000,000) from the payment of apportionments
pursuant to Section 14041 of the Education Code for August 2009, to
local educational agencies that maintain kindergarten or any of
grades 1 to 12, inclusive, shall be deferred to October 2009.
(d) Notwithstanding subdivisions (b) and (c) and subject to the
approval of the Director of Finance, the Controller shall issue
warrants pursuant to Section 14041 of the Education Code that include
the full amount of the apportionment payments for the months of July
and August for a local educational agency for which the county
superintendent of schools certifies to the Superintendent of Public
Instruction and to the Director of Finance on or before May 15, 2009,
that the deferral of warrants pursuant to subdivisions (b) and (c)
will result in qualifying the local educational agency for an
emergency apportionment pursuant to Article 2 (commencing with
Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2 of
the Education Code.
(e) Notwithstanding subdivision (a) and subject to the approval of
the Director of Finance, the Controller shall issue warrants
pursuant to Sections 84320, 84321, and 84321.5 of the Education Code
that include the full amount of the apportionment payments for the
month of July for a community college for which the Chancellor of the
California Community Colleges determines, in consultation with the
Director of Finance, on or before May 15, 2008, that the deferral of
warrants pursuant to subdivision (a) will present an imminent threat
to the fiscal integrity and security of the community college.
(f) This section shall apply to payments in the 2009-10 fiscal
year only.
SEC. 40. (a) Notwithstanding Sections 84320,
84321, and 84321.5 of the Education Code and any other law that
covers the regulations adopted by the Chancellor of the California
Community Colleges to disburse funds, the payment of apportionments
to districts pursuant to Sections 84320, 84321, and 84321.5 of the
Education Code for the months of January and February, in the amount
of one hundred fifteen million dollars ($115,000,000) for each month,
and the months of March and April, in the amounts of fifty-five
million dollars ($55,000,000) for each month, shall be deferred to
July. The total amount of these payments deferred to the month of
July shall be three hundred forty million dollars ($340,000,000).
(b) This section is retroactively operative commencing with the
2008-09 fiscal year.
SEC. 41. (a) The sum of five hundred forty
million dollars ($540,000,000) is hereby appropriated from the
General Fund to the Board of Governors of the California Community
Colleges for apportionments to community college districts, for
expenditure during the 2010-11 fiscal year, to be expended in
accordance with Schedule (1) of Item 6870-101-0001 of Section 2.00 of
the Budget Act of 2009.
(b) The disbursal of funds appropriated in subdivision (a) shall
be deferred until July of the 2010-11 fiscal year. This appropriation
and deferment represent one hundred fifteen million dollars
($115,000,000) of the January apportionment to community college
districts, one hundred fifteen million dollars ($115,000,000) of the
February apportionment to community college districts, fifty-five
million dollars ($55,000,000) of the March apportionment to community
college districts and fifty-five million dollars ($55,000,000) of
the April apportionment to community college districts, and two
hundred million dollars ($200,000,000) of the June apportionment to
community college districts.
(c) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated for community college districts," as
defined in subdivision (d) of Section 41202 of the Education Code,
for the 2010-11 fiscal year, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202 of the Education
Code, for the 2010-11 fiscal year.
SEC. 42. (a) For the 2008-09 and 2009-10 fiscal
years, in order to provide local budgeting flexibility as a result
of budget reductions made by the Legislature for the 2008-09 and
2009-10 fiscal years, the governing board of a school district or
county office of education may use up to 100 percent of the balances,
as of June 30, 2008, of restricted accounts in its general fund or
cafeteria fund, excluding restricted reserves committed for capital
outlay, bond funds, sinking funds, and federal funds, and excluding
balances in the following programs:
(1) Economic Impact Aid (Article 2 (commencing with Section 54020)
of Chapter 1 of Part 29 of Division 4 of Title 2 of the Education
Code).
(2) Targeted Instructional Improvement Grant (former Chapter 2.5
(commencing with Section 54200) of Part 29 of Division 4 of Title 2
of the Education Code).
(3) Instructional
materials.
(4) Special education.
(5) Quality Education Investment Act of 2006 (Article 3.7
(commencing with Section 52055.700) of Chapter 6.1 of Part 28 of
Division 4 of Title 2 of the Education Code).
(6) California High School Exit Exam Intensive Intervention
Program.
(7) Home-to-school transportation.
(b) For purposes of this section, balances of restricted accounts
do not include the amounts deferred from the 2006-07 fiscal year to
the 2007-08 fiscal year or the amounts deferred from the 2007-08
fiscal year to the 2008-09 fiscal year.
(c) A governing board shall not use the ending balance in any
restricted account if that use would violate a federal maintenance of
effort requirement.
(d) This section does not obligate the state to refund or repay
funds used pursuant to this section. If a school district uses an
ending balance in a restricted account that consists, in whole or in
part, of funds reimbursed to the district as a subvention of funds
for a state-mandated local program, the school district shall not
submit a claim to the state for a subsequent reimbursement of the
funds that were reimbursed pursuant to Section 6 of Article XIII B of
the California Constitution and used pursuant to the authority
granted to a school district pursuant to this section.
(e) A governing board that elects to use balances in restricted
accounts pursuant to this section shall report to the Superintendent,
in a manner determined by the Superintendent, regarding the programs
and amounts of restricted balances used pursuant to subdivision (a).
The Superintendent shall report statewide information and
information for each school district and county office of education
to the Joint Legislative Budget Committee by October 31, 2009.
SEC. 43. (a) Notwithstanding any other
provision of law, in order to effectuate the General Fund savings
associated with the reductions in appropriations made by this act,
the Superintendent of Public Instruction shall reduce the principal
apportionment for school districts and county offices of education
for the 2008-09 fiscal year, as necessary, if both of the following
occur during the 2008-09 fiscal year:
(1) The Controller has disbursed funds from the appropriations
reduced by this act in amounts greater than the amounts remaining in
those appropriations following the reductions.
(2) The Superintendent determines there is no other way to recover
the funds that have been disbursed prior to the end of the 2008-09
fiscal year.
(b) This section shall be broadly construed to effectuate its
purpose.
SEC. 44. (a) Notwithstanding Sections 42238.1
and 42238.15 of the Education Code or any other law, the
cost-of-living adjustment for Items 6110-104-0001, 6110-105-0001,
6110-119-0001, 6110-122-0001, 6110-124-0001, 6110-128-0001,
6110-150-0001, 6110-156-0001, 6110-158-0001, 6110-161-0001,
6110-167-0001, 6110-181-0001, 6110-189-0001, 6110-190-0001,
6110-193-0001, 6110-196-0001, 6110-203-0001, 6110-209-0001,
6110-211-0001, 6110-224-0001, 6110-232-0001, 6110-234-0001,
6110-244-0001, and 6110-246-0001 of Section 2.00 of the Budget Act of
2009 is zero percent for the 2009-10 fiscal year. All funds
appropriated in the Budget Act of 2009 in the items identified in
this section are in lieu of the amounts that would otherwise be
appropriated pursuant to any other provision of law.
(b) Notwithstanding Section 42238.1 of the Education Code or any
other law, for purposes of Section 48664 of the Education Code the
cost-of-living adjustment is zero percent for the 2009-10 fiscal
year.
SEC. 45. Notwithstanding any other provision of
law, the funds appropriated pursuant to Items 6110-103-0001,
6110-104-0001, 6110-105-0001, 6110-124-0001, 6110-156-0001,
6110-158-0001, 6110-161-0001, 6110-190-0001, 6110-211-0001,
6110-234-0001, and 6110-243-0001 of Section 2.00 of the Budget Act of
2009 shall be encumbered by July 31, 2010. This one-month extension
of encumbrance authority is provided due to the effect of the
deferral of the June 2010 principal apportionment on the budget items
specified in this section. It is the intent of the Legislature that,
by extending the encumbrance authority for the funds identified in
this section to July 31, 2010, the funds will be treated in a manner
consistent with Section 1.80 of the Budget Act of 2009.
SEC. 46. SEC. 23. This act addresses
the fiscal emergency declared by the Governor by proclamation on
December 19, 2008, pursuant to subdivision (f) of Section 10 of
Article IV of the California Constitution.
SEC. 47. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to make the necessary statutory changes to implement the
Budget Act of 2008 at the earliest time possible, it is necessary
that this act take effect immediately.