Amended IN Assembly August 24, 2020

Amended IN Assembly August 30, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 115

Introduced by Committee on Budget and Fiscal Review

January 10, 2019

An act to repeal and add Article 6.8 (commencing with Section 14199.60) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, relating to Medi-Cal, and making an appropriation therefor, to take effect immediately, bill related to the budget. amend the Budget Act of 2019 (Chapters 23 and 55 of the Statutes of 2019) by amending Item 0250-101-0001 of that act, and to amend the Budget Act of 2020 (Chapters 6 and 7 of the Statutes of 2020) by amending Items 0250-301-0660, 0650-001-0001, 0690-490, 0820-001-0001, 0820-001-0460, 1111-001-3252, 1701-001-0240, 1701-001-0299, 1701-001-3363, 2740-001-0044, 3360-101-3211, 3540-494, 3600-491, 3600-492, 3640-001-0447, 3760-492, 3790-493, 3840-001-0890, 3900-492, 4170-001-0001, 4260-101-0001, 4300-301-0001, 4560-001-3085, 4560-101-3085, 5180-101-0001, 5180-111-0001, 5180-151-0001, 5225-301-0001, 5225-301-0660, 5225-495, 6100-001-0001, 6100-001-0890, 6100-112-0890, 6100-113-0890, 6100-125-0890, 6100-134-0890, 6100-136-0890, 6100-137-0890, 6100-156-0890, 6100-161-0001, 6100-166-0890, 6100-194-0001, 6100-194-0890, 6100-195-0890, 6100-196-0001, 6100-197-0890, 6100-294-0890, 6100-488, 6120-212-0001, 7300-001-3078, 7350-001-0223, 7350-001-3121, 7350-001-3152, 8570-101-0001, 8955-301-0660, and 9210-110-0001 of, adding Items 0521-491, 4180-001-0001, and 4700-101-0001 to, and repealing Item 4260-101-3366 of, Section 2.00 of, and amending Sections 39.00 and 99.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill.

LEGISLATIVE COUNSEL'S DIGEST

SB 115, as amended, Committee on Budget and Fiscal Review. ~~Medi-Cal: managed care organization provider tax.~~ Budget Act of 2019: Budget Act of 2020.

The Budget Act of 2019 and the Budget Act of 2020 made appropriations for the support of state government for the 2019–20 and 2020–21 fiscal years.
This bill would amend the Budget Act of 2019 and the Budget Act of 2020 by amending, adding, and repealing items of appropriation, and making other changes.
This bill would declare that it is to take effect immediately as a Budget Bill.
(1)Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, one of the methods by which Medi-Cal services are provided is pursuant to contracts with various types of managed care plans. Existing law, until July 1, 2019, imposed a managed care organization provider tax, administered and assessed by the department, on licensed health care service plans, managed care plans contracted with the department to provide Medi-Cal services, and alternate health care service plans (AHCSP), as defined. The tax included the establishment of applicable taxing tiers and per enrollee amounts for each fiscal year, and all revenues, less refunds, derived from the tax were deposited into the State Treasury to the credit of the Health and Human Services Special Fund in the State Treasury, and continuously appropriated to the department for purposes of funding the nonfederal share of Medi-Cal managed care rates for health care services furnished to specified persons.
Existing law declares the intent of the Legislature to enact a managed care organization provider tax in California, and requires the collection of the tax and the associated revenue contingent upon receipt of approval from the federal Centers for Medicare and Medicaid Services.
This bill would establish a managed care organization provider tax, with substantially similar provisions, that would become effective and operative on the effective date of the federal approval necessary for receipt of federal financial participation, as specified. The bill would specify the applicable tax amounts for each taxing tier for the 2019–20, 2020–21, and 2021–22, fiscal years, and the first 6 months of the 2022–23 fiscal year. The bill would establish the Health Care Services Special Fund. All revenues, less refunds, derived from the taxes provided for in the bill would be deposited in the State Treasury to the credit of the fund and continuously appropriated, without regard to fiscal year, to the department for purposes of funding the nonfederal share of Medi-Cal managed care rates for health care services furnished to children, adults, seniors and persons with disabilities, and persons dually eligible for Medi-Cal and Medicare. By creating a continuously appropriated fund, the bill would make an appropriation.
~~This bill would make these provisions inoperative on January 1, 2023, or under other circumstances specified in the bill, and would repeal it as of January 1, 2024.~~
(2)This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.
~~(3)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.~~

Vote: ~~TWO_THIRDS~~MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Item 0250-101-0001 of Section 2.00 of the Budget Act of 2019 is amended to read:

0250-101-0001—For local assistance, Judicial Branch ........................					127,603,000
	Schedule:
	(1)	0150010-Support for Operation of Trial Courts ........................		83,551,000
	(2)	0150051-Child Support Commissioner Program (AB 1058) ........................		54,332,000
	(3)	0150055-California Collaborative and Drug Court Projects ........................		5,748,000
	(4)	0150075-Grants—Other ........................		1,586,000
	(5)	0150083-Equal Access Fund ........................		42,892,000
	(6)	Reimbursements to 0150051-Child Support Commissioner Program (AB 1058) ........................		−54,332,000
	(7)	Reimbursements to 0150055-California Collaborative and Drug Court Projects ........................		−4,588,000
	(8)	Reimbursements to 0150075-Grants—Other ........................		−1,586,000
	Provisions:
	1.	In order to improve equal access and the fair administration of justice, the funds appropriated in Schedule (5), after distribution of the $20,000,000 in Provision 6, are to be distributed by the Judicial Council through the Legal Services Trust Fund Commission to qualified legal services projects and support centers as defined in Sections 6213 to 6215, inclusive, of the Business and Professions Code, to be used for legal services in civil matters for indigent persons. The Judicial Council shall approve awards made by the commission if the council determines that the awards comply with statutory and other relevant guidelines. Ten percent of the funds in Schedule (5) shall be for joint projects of courts and legal services programs to make legal assistance available to pro per litigants and 90 percent of the funds in Schedule (5) shall be distributed consistent with Sections 6216 to 6223, inclusive, of the Business and Professions Code. The Judicial Council may establish additional reporting or quality control requirements consistent with Sections 6213 to 6223, inclusive, of the Business and Professions Code.
	2.	The amount appropriated in Schedule (1) is available for reimbursement of court costs related to the following activities: (a) payment of service of process fees billed to the trial courts pursuant to Chapter 1009 of the Statutes of 2002, (b) payment of the court costs payable under Sections 4750 to 4755, inclusive, and Section 6005 of the Penal Code, and (c) payment of court costs of extraordinary homicide trials.
	5.	Of the funds appropriated in Schedule (5), $2,500,000 shall be available for the expansion and administration of pilot programs pursuant to the Sargent Shriver Civil Counsel Act (Ch. 457, Stats. 2009).
	6.	Of the amount appropriated in Schedule (5), $20,000,000 shall be distributed by the Judicial Council through the State Bar of California pursuant to Provision 1 to qualified legal services projects and support centers to provide eviction defense or other tenant defense assistance in landlord-tenant rental disputes, including pre-eviction and eviction legal services, counseling, advice and consultation, mediation, training, renter education, and representation, and legal services to improve habitability, increasing affordable housing, ensuring receipt of eligible income or benefits to improve housing stability, and homelessness prevention. Of this amount, $150,000 shall be available, upon order of the Department of Finance, for administrative costs of the Judicial Council and the State Bar. The remaining funds shall be allocated as follows:
		(a)	75 percent shall be distributed to qualified legal services projects and support centers that currently provide eviction defense or other tenant defense assistance in landlord-tenant rental disputes, as set forth in Provision 6. To expedite the distribution of this percentage of the $20,000,000, eligible programs shall be limited to those found eligible for 2019 IOLTA funding. Each eligible program shall receive a percentage equal to that legal services project’s 2019 IOLTA allocation divided by the total 2019 IOLTA allocation for all legal services projects eligible for this funding, except that to ensure that meaningful funding is provided, a minimum amount of $50,000 shall be allocated to each eligible program unless the program requests a lesser amount, in which case the additional funds shall be distributed proportionally to the other qualified legal services projects. These funds shall be distributed as soon as practicable after the effective date of this act and shall not supplant existing resources.
		(b)	25 percent shall be allocated through a competitive grant process developed by the Legal Services Trust Fund Commission of the State Bar to award grants to qualified legal service projects and support centers to provide eviction defense or other tenant defense assistance in landlord-tenant rental disputes, as set forth in Provision 6, to meet the needs of tenants not addressed by the formula provided in subdivision (a). The grant process shall ensure that any qualified legal service project or support center that received funding pursuant to subdivision (a) may only receive funding pursuant to this subdivision if that qualified legal service project or support center demonstrates that funds received under this subdivision will be not be used to supplant existing resources, and will be used to provide services to tenants not otherwise served by that qualified legal service project or support center. The commission shall make the grant award determinations. In awarding these grants, preference shall be given to qualified legal aid agencies that serve rural or underserved communities and that serve clients regardless of immigration or citizenship status. Any funding not allocated pursuant to this competitive grant process shall be distributed pursuant to subdivision (a), except that there shall be no minimum funding amount for these funds.
	7.	Funds appropriated in Provision 6 are available for encumbrance and expenditure until June 30, 2021.
	8.	Of the amount appropriated in Schedule (1), $75,000,000 shall be allocated to the Judicial Council to fund the implementation, operation, and evaluation of programs or efforts in at least 10 courts related to pretrial decision-making. The goals of this pilot are to: (a) increase the safe and efficient prearraignment and pretrial release of individuals booked into jail by expanding own recognizance and monitored release; (b) implement monitoring practices of those released prearraignment and pretrial with the least restrictive interventions and practices necessary to enhance public safety and return to court; (c) expand the use and validation of pretrial risk assessment tools that make their factors, weights, and studies publicly available; and, (d) assess any disparate impact or bias that may result from the implementation of these programs in order to better understand and reduce biases based on race, ethnicity, and gender in pretrial release decisionmaking. The amount allocated shall be available for support or local assistance and shall be available for encumbrance or expenditure until June 30, ~~2021.~~ 2022.
	9.	For the purposes of this pilot, the following terms have the following meanings:
		(a)	“Pretrial risk assessment tool” means an instrument used to determine the risks associated with individuals in the pretrial context.
		(b)	“Validate” means using scientific research to measure the accuracy and reliability of the tool in assessing the risk of a person failing to appear in court as required or the risk to public safety due to the commission of a new criminal offense if the person is released before adjudication of the person’s current criminal offense.
	10.	The amount provided in Provision 8 may be used for the following:
		(a)	The support of activities associated with the development or validation of risk assessment tools on local pretrial populations.
		(b)	Exchange of pretrial risk assessment information between the courts and county probation departments.
		(c)	Costs for technology to facilitate information exchange and process automation.
		(d)	Contracts between the courts and county probation departments to conduct prearraignment and pretrial risk assessments on individuals booked into county jails, and for monitoring of individuals released pretrial.
		(e)	The sharing of data with the Judicial Council that is necessary to evaluate the programs.
		(f)	Costs associated with judicial officer release and detention decision-making prior to arraignment, informed by the use of risk assessment tools that make their factors, weights, and studies publicly available.
		(g)	Implementation and improvement of court date reminder programs.
		(h)	Other projects related to pretrial decision-making and practices that follow standards that enhance public safety, appearance in court, and the efficient and fair administration of justice.
	11.	In selecting its pilot courts, the Judicial Council should seek a diversity in court size, location, court case management systems, risk assessment tools, including those tools that require an interview and those that do not, and other appropriate factors. If the Santa Clara County Superior Court applies for and receives funds through this pilot program, the superior court may contract with Office of Pretrial Services in that county to conduct risk assessments, provide monitoring, and meet the other requirements of the pilot project.
	12.	Of these funds, up to 10 percent shall be used by the Judicial Council for costs associated with implementing and evaluating these programs, including, but not limited to:
		(a)	Facilitating the exchange of information among local justice system partners.
		(b)	Gathering data from the courts and other local justice system partners.
		(c)	Providing technical assistance to the pilot courts and information to all trial courts on best practices related to the programs.
		(d)	Identifying effective pretrial risk assessment tools and potential bias in the tools.
		(e)	Assisting the pilot courts in validating their risk assessment tools.
		(f)	Providing judicial education.
		(g)	Providing an evaluation to the Legislature.
	13.	The pilot courts shall collaborate with local justice system partners to make data available to the Judicial Council as required by the council to measure the outcomes of the pilots. The required data elements will include individual and case level data, and will include but not be limited to: (a) booking charges and charge-level; (b) risk level of individuals who are assessed; (c) type of release including own recognizance, own recognizance with monitoring, and secured bond; (d) demographic factors including race or ethnicity, gender, and age of the defendant; (e) failures to appear in court as required; and (f) arrests for new crimes during the pretrial period.
	14.	The Judicial Council will work with the California Department of Justice, as necessary, to receive any information needed to assess the programs.
	15.	Commencing January 1, 2020, the Judicial Council shall provide reports to the Department of Finance and the Joint Legislative Budget Committee. The first report shall include the following information:
		(a)	The criteria used by Judicial Council to select the participating courts.
		(b)	A description of the process for pretrial decision making in each of the pilot courts. The description shall include the agencies involved in the pilots and their responsibilities; an overview of the staffing level of the agencies; the risk assessment tool that is used to inform release decisions by the court, including information pertaining to the validation of the risk assessment tool in order to increase transparency; a description of any policies that are adopted in the pilots related to pretrial decision-making; and the supervision or monitoring policies and practices developed by the pilots.
		(c)	Budget information for each of the pilot courts.
	16.	On July 1, 2020, January 1, 2021, ~~and~~ July 1, 2021, and July 1, 2022, the reports shall include the following information:
		(a)	The number of assessed individuals by age, gender, and race or ethnicity.
		(b)	The number of assessed individuals by risk level, booking charge levels, and release decision
		(c)	The number and percentage of assessed individuals who receive pretrial supervision by level of supervision.
		(d)	The number and percentage of assessed individuals by supervision level who fail to appear in court as required, are arrested for a new offense during the pretrial period, or have pretrial release revoked.
	17.	The Judicial Council shall provide a report to the Legislature describing the implementation and outcomes of the program no later than July 1, ~~2022.~~ 2023. In addition to information on program implementation activities the report shall include aggregate data from the pilot programs on public safety as measured by arrests for new crimes during the pretrial period; rates of failures to appear at a court hearing as required; validity of the tools as measured by the accuracy of the risk assessment tools in predicting failures to appear in court and new arrests; whether the accuracy of the tool’s predictions varies by race or ethnicity, gender, or other factors.

SEC. 2.

Item 0250-301-0660 of Section 2.00 of the Budget Act of 2020 is amended to read:

0250-301-0660—For capital outlay, Judicial Branch, payable from the Public Buildings Construction Fund ........................						~~13,243,000~~ 25,056,000
	Schedule:
	(1)	0000115-Stanislaus County: New Modesto Courthouse ........................			13,243,000
		(a)	Construction ........................	13,243,000
	(2)	0000078-Glenn County: Renovation and Addition to Willows Courthouse ........................			11,813,000
		(a)	Construction ........................	11,813,000

SEC. 3.

Item 0521-491 is added to Section 2.00 of the Budget Act of 2020, to read:

0521-491—Reappropriation, Secretary of Transportation. The balances of the appropriations provided in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until January 1, 2021:
0046—Public Transportation Account, State Transportation Fund
(1) Section 17 of Chapter 934 of the Statutes of 2018

SEC. 4.

Item 0650-001-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:

0650-001-0001—For support of Office of Planning and Research ........................				~~17,171,000~~ 17,141,000
	Schedule:
	(1)	0360-State Planning and Policy Development ........................	12,199,000
	(2)	0365-California Volunteers ........................	7,875,000
	(3)	0370-Strategic Growth Council ........................	1,341,000
	(4)	Reimbursements to 0360-State Planning and Policy Development ........................	−1,117,000
	(5)	Reimbursements to 0365-California Volunteers ........................	−3,157,000
	Provisions:
	1.	The California Volunteers’ database shall be subject to all state privacy and use policies as required by the Department of Technology.

SEC. 5.

Item 0690-490 of Section 2.00 of the Budget Act of 2020 is amended to read:

0690-490—Reappropriation, Office of Emergency Services. The balances of the appropriations provided in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2021:
	0001—General Fund
	(1)	Provision 5 of Item 0690-101-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
	(2)	Provision 6 of Item 0690-101-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
	(3)	Provision 14 of Item 0690-101-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
	(4)	Provision 16 of Item 0690-101-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
	(4.5)	Provision 18 of Item 0690-101-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
	(5)	Item 0690-103-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
	(6)	Item 0690-105-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)

SEC. 6.

Item 0820-001-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:

0820-001-0001—For support of Department of Justice ........................				~~338,177,000~~ 340,615,000
	Schedule:
	(1)	9900100-Administration ........................	~~143,813,000~~ 144,144,000
	(2)	9900200-Administration—Distributed ........................	~~−143,813,000~~ −144,144,000
	(3)	0435-Division of Legal Services ........................	~~196,093,000~~ 198,214,000
	(4)	0440-Law Enforcement ........................	~~84,163,000~~ 88,179,000
	(5)	0445-California Justice Information Services ........................	~~97,274,000~~ 98,478,000
	(6)	Reimbursements to 0435-Division of Legal Services ........................	−1,342,000
	(7)	Reimbursements to 0440-Law Enforcement ........................	~~−31,429,000~~ −34,929,000
	(8)	Reimbursements to 0445-California Justice Information Services ........................	~~−6,582,000~~ −7,985,000
	Provisions:
	1.	The Attorney General shall submit to the Legislature, the Director of Finance, and the Governor the quarterly and annual reports that the Attorney General submits to the federal government on the activities of the Medi-Cal Fraud Unit.
	2.	Notwithstanding any other law, the Department of Justice may purchase or lease vehicles of any type or class that, in the judgment of the Attorney General or the Attorney General’s designee, are necessary to the performance of the investigatory and enforcement responsibilities of the Department of Justice, from the funds appropriated for that purpose in this item.
	3.	Of the amount included in Schedule (3), $6,500,000 is available to address new legal workload related to various actions taken at the federal level, and any litigation related to the CalSavers Retirement Savings Program.
	4.	Of the amount appropriated in Schedule (3), $11,624,000 shall be available to pay claims related to the Erskine wildfire. Any unencumbered funds shall revert to the General Fund.
	5.	Of the amount appropriated in Schedule (3), $2,438,000 is available to pay claims related to Buffin v. City and County of San Francisco. The Controller shall not issue a payment pursuant to this provision until the Department of Finance determines that payment of the claim is necessary. Any funds not encumbered for the purpose outlined in this provision shall revert to the General Fund. Any funding that is encumbered or spent that is ultimately returned shall be deposited into the General Fund. The Department of Finance shall notify the Joint Legislative Budget Committee if the Controller is directed to make payment pursuant to this provision.
	6.	Of the amount included in Schedule (5), up to $3,725,000 shall be used to administer and maintain the Controlled Substance Utilization Review and Evaluation System database. See related Item 1111-001-3252 under the Department of Consumer Affairs that provides reimbursement for these costs.

SEC. 7.

Item 0820-001-0460 of Section 2.00 of the Budget Act of 2020 is amended to read:

0820-001-0460—For support of Department of Justice, payable from the Dealers’ Record of Sale Special Account ........................				27,272,000
	Schedule:
	(2)	0440-Law Enforcement ........................	~~17,671,000~~ 17,066,000
	(3)	0445-California Justice Information Services ........................	~~9,945,000~~ 10,550,000
	(4)	Reimbursements to 0440-Law Enforcement ........................	−344,000
	Provisions:
	1.	The Attorney General may augment the amount appropriated in the Dealers’ Record of Sale Special Account up to an aggregate of 10 percent above the amount approved in this act for the Division of Law Enforcement, Bureau of Firearms for unanticipated workload associated with this fund. The Attorney General shall notify the chairpersons of the budget committees of both houses of the Legislature, the Joint Legislative Budget Committee, and the Department of Finance within 15 days after the augmentation is made as to the amount and justification of the augmentation.
	2.	Of the funds appropriated in this item, up to $2,140,000 is allocated for the support of Ammo Project 0820-221 and is authorized for expenditure upon the Department of Technology’s project approval. The Director of Finance shall notify in writing the Chairperson of the Joint Legislative Budget Committee upon project approval. The expenditure is authorized no sooner than 30 calendar days after written notification to the Chairperson of the Joint Legislative Budget Committee, or whatever lesser time the Chairperson of the Joint Legislative Budget Committee, or the chairperson’s designee, may determine. The written notification shall include, from the project approval document, the total cost and schedule of Ammo Project 0820-221.

SEC. 8.

Item 1111-001-3252 of Section 2.00 of the Budget Act of 2020 is amended to read:

1111-001-3252—For support of ~~the~~ Department of Consumer Affairs, payable from the CURES Fund ........................				~~2,322,000~~ 3,725,000
	Schedule:
	(1)	1132-CURES ........................	~~2,322,000~~ 3,725,000

SEC. 9.

Item 1701-001-0240 of Section 2.00 of the Budget Act of 2020 is amended to read:

1701-001-0240—For support of Department of ~~Business Oversight,~~ Financial Protection and Innovation, payable from the Local Agency Deposit Security Fund ........................				587,000
	Schedule:
	(1)	1545-Administration of Local Agency Security ........................	587,000

SEC. 10.

Item 1701-001-0299 of Section 2.00 of the Budget Act of 2020 is amended to read:

1701-001-0299—For support of Department of ~~Business Oversight,~~ Financial Protection and Innovation, payable from the Credit Union Fund ........................				11,525,000
	Schedule:
	(1)	1550-Credit Unions ........................	11,875,000
	(2)	Reimbursements to 1550-Credit Unions ........................	−350,000

SEC. 11.

Item 1701-001-3363 of Section 2.00 of the Budget Act of 2020 is amended to read:

1701-001-3363—For support of Department of ~~Business Oversight,~~ Financial Protection and Innovation, payable from the Financial Protection Fund ........................				95,066,000
	Schedule:
	(1)	1510-Investment Program ........................	33,673,000
	(2)	1515-Lender-Fiduciary Program ........................	27,006,000
	(3)	1520-Licensing and Supervision of Banks and Trust Companies ........................	29,856,000
	(4)	1525-Money Transmitters ........................	5,561,000
	(6)	Reimbursements to 1510-Investment Program ........................	−130,000
	(7)	Reimbursements to 1520-Licensing and Supervision of Banks and Trust Companies ........................	−900,000
	Provisions:
	1.	The amount appropriated in this item may include revenues derived from the assessment of fines and penalties imposed as specified in Section 13332.18 of the Government Code.
	2.	The Department of ~~Business Oversight~~ Financial Protection and Innovation shall submit an annual report to the Department of Finance and to the Legislature on January 10 with the new release of the Governor’s Budget each year beginning in 2016. This report shall include, as part of the Broker-Dealer and Investment Adviser Program, the number of positions authorized and filled, the number and share of licensees examined, results and outcomes of those examinations, and estimated staffing levels required to achieve targeted examination cycles for licensees under this program.
	3.	If state law is amended to provide authority for the California Consumer Financial Protection Law program, the Department of Finance may augment this item by an amount deemed necessary to implement the program. Any augmentation made pursuant to this provision shall not occur sooner than 30 days after written notice is provided to the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or the chairperson’s designee, may determine. Notice to the Joint Legislative Budget Committee may be provided in advance of the enactment of the amendments to state law described in this provision.

SEC. 12.

Item 2740-001-0044 of Section 2.00 of the Budget Act of 2020 is amended to read:

2740-001-0044—For support of Department of Motor Vehicles, payable from the Motor Vehicle Account, State Transportation Fund ........................					~~1,304,038,000~~ 1,316,134,000
	Schedule:
	(1)	2130-Vehicle/Vessel Identification and Compliance ........................		~~613,507,000~~ 625,603,000
	(2)	2135-Driver Licensing and Personal Identification ........................		495,875,000
	(3)	2140-Driver Safety ........................		146,554,000
	(4)	2145-Occupational Licensing and Investigative Services ........................		62,651,000
	(5)	9900100-Administration ........................		131,682,000
	(6)	9900200-Administration—Distributed ........................		−131,682,000
	(7)	Reimbursements to 2130-Vehicle/Vessel Identification and Compliance ........................		−11,686,000
	(8)	Reimbursements to 2135-Driver Licensing and Personal Identification ........................		−2,201,000
	(9)	Reimbursements to 2140-Driver Safety ........................		−562,000
	(10)	Reimbursements to 2145-Occupational Licensing and Investigative Services ........................		−100,000
	Provisions:
	1.	If additional resources are needed to meet REAL ID workload demands beyond the level provided for in this appropriation, the Director of Finance may augment the amount appropriated in this item by submitting a request by the Director of the Department of Motor Vehicles for additional resources. The request must justify the additional resources requested and demonstrate how and by what amount of time the level of resources requested will reduce or prevent wait times or will increase the amount of REAL ID transactions that can be processed at individual offices and statewide. The request must also provide an update on the status of the resources provided pursuant to this appropriation and their impact on individual and statewide field office wait times or REAL ID transactions. The requested augmentation is intended to reduce or prevent long wait times or increase REAL ID transactions at impacted field offices and shall be limited to that purpose, including, but not limited to, additional field office staff, business process redesign, and expanded service hours. The request will also provide an updated forecast of the Motor Vehicle Account fund condition that reflects the impact of this request. The Director of Finance may not approve any augmentation unless the approval is made in writing and filed with the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the committees in each house of the Legislature that consider appropriations not later than 30 days prior to the effective date of the approval, or prior to whatever lesser date of approval, or prior to whatever lesser time the chairperson of the joint committee, or the chairperson’s designee, may determine.
	2.	The Department of Motor Vehicles shall provide monthly reports on office wait times, wait time ranges, window office hours, progress on hiring the provided positions, and any technology outages in field offices.
	3.	The Department of Motor Vehicles shall report on August 1, 2020, October 1, 2020, January 1, 2021, and March 1, 2021, on having accomplished the following and have subsequent meetings with the Legislature to discuss the results:
		(a)	Provide an update on progress in hiring a permanent director of the department.
		(b)	Provide required monthly status update reports for each of the preceding months no later than 90 days after the close of the preceding month.
		(c)	Provide data for agreed upon performance metrics no later than 90 days after the close of the preceding month.
		(d)	Provide an updated projection of the number of REAL IDs that the department estimates will need to be processed by October 1, 2021, the number of REAL IDs likely needing to be processed after October 1, 2021, through December 31, 2021, and the number of REAL IDs that have actually been processed to date.
		(e)	Report on how much additional money, if any, is needed to meet REAL ID workload demands, until the next reporting period or the end of the fiscal year, whichever is sooner.

SEC. 13.

Item 3360-101-3211 of Section 2.00 of the Budget Act of 2020 is amended to read:

3360-101-3211—For local assistance, State Energy Resources Conservation and Development Commission, pursuant to Section 25710 of the Public Resources Code, payable from the Electric Program Investment Charge Fund ........................						133,200,000
	Schedule:
	(1)	2390019-Research and Development ........................			133,200,000
	Provisions:
	1.	Funds appropriated in this item shall be available for encumbrance or expenditure until June 30, 2022.
	2.	Notwithstanding Section 16304.1 of the Government Code, funds appropriated in this item shall be available for liquidation until June 30, 2026.
	3.	(a)	Notwithstanding any other law other than the provisions of this item, during the 2020–21 fiscal year, the State Energy Resources Conservation and Development Commission may non-competitively award follow-on funding to recipients of grants and contracts made through the Electric Program Investment Charge program, generally not to exceed $5,000,000 per award, for projects that will be significantly impacted by time and funding gaps between competitive bid solicitations. For the small grant program within the Electric Program Investment Charge program (also known as CalSEED), the commission may award follow-on funding not to exceed $12,000,000 to accelerate the CalSEED competitive grant solicitations.
		(b)	The commission shall award follow-on funding only for projects that meet all of the existing requirements of the Electric Program Investment Charge program and all of the following additional requirements:
			(1)	The project has a prime recipient that is located in California.
			(2)	The project will spend a minimum of 80 percent of its funding from the program in California.
			(3)	The project has received funding for the original project or technology through a competitive bid process from a state or federal agency.
			(4)	The project has demonstrated significant results under its previous award.
			(5)	The project has technology breakthrough potential that can enable the state to achieve its statutory energy policy goals ahead of schedule.
			(6)	The project can address near-term priorities impacting the electricity sector and its customers such as wildfires and associated power disruptions.
			(7)	Absent follow-on funding, the project would experience a gap in funding that would likely prevent the technology from achieving significant technological advancement, negatively impact the ability of the project to attract sufficient private investment, or prevent the project’s commercialization and associated sales revenue.
			(8)	The project has not previously received follow-on funding through a non-competitive process.
		(c)	The commission may award follow-on funding following commission approval of the award at a business meeting. This award shall not be subject to the sole source requirements under subdivision (h) of Section 25711.5 of the Public Resources Code. When used for contracts, awards provided using this authority are exempt from the requirements of the Public Contract Code and the Department of General Services, and from any other normally applicable requirements for awarding, advertising, or amending contracts.
		(d)	In the Electric Program Investment Charge program’s annual reports for 2020 and 2021, the commission shall identify the projects that received this follow-on funding, the amount of follow-on funding each project received, and the method and criteria that was used for their selection.

SEC. 14.

Item 3540-494 of Section 2.00 of the Budget Act of 2020 is amended to read:

3540-494—Reappropriation, Department of Forestry and Fire Protection. The amounts specified in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2021:
	0001—General Fund
	(1)	$4,800,000 in Schedule (2) 2465-Fire Protection of Item 3540-001-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
	3228—Greenhouse Gas Reduction Fund
	(1)	$6,300,000 in Item 3540-001-3228, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017) for Fire ~~Protection.~~ Protection
	(2)	$9,200,000 in Item 3540-001-3228, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018) for Resource Management
	(3)	$2,125,000 in Item 3540-003-3228, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018) for Resource Management
	(4)	$2,256,000 in Item 3540-003-3228, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019) for Resource Management

SEC. 15.

Item 3600-491 of Section 2.00 of the Budget Act of 2020 is amended to read:

3600-491—Reappropriation, Department of Fish and Wildlife. The balances of the appropriations provided in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2021:
	0001—General Fund
	(1)	Provision 4 of Item 3600-001-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018), as reappropriated by Item 3600-491, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
	(2)	Provision 1 of Item 3600-101-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
	6051—Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006
	(1)	Item 3600-001-6051, Budget Act of 2017

SEC. 16.

Item 3600-492 of Section 2.00 of the Budget Act of 2020 is amended to read:

3600-492—Reappropriation, Department of Fish and Wildlife. Notwithstanding any other law, the period to liquidate encumbrances of the following citations is extended to June 30, 2021:
	0001—General Fund
	(1)	Item 3600-001-0001, Budget Act of 2016 (Ch. 23, Stats. 2016), as reappropriated by Item 3600-490, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
	(2)	Item 3600-001-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017)
	~~(3)~~	Item 3600-001-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018), as reappropriated by Item 3600-491, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019), Provision 4-California Waterfowl Habitat Program
	~~(4)~~	~~Item 3600-101-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019), Provision 1-Fish screens for water conveyance tunnel in County of San Luis Obispo~~
	0200—Fish and Game Preservation Fund
	(1)	Item 3600-001-0200, Budget Act of 2016 (Ch. 23, Stats. 2016), as reappropriated by Item 3600-490, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019), including the clearing account
	(2)	Item 3600-001-0200, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017), including the clearing account
	0320—Oil Spill Prevention and Administration Fund
	(1)	Item 3600-001-0320, Budget Act of 2016 (Ch. 23, Stats. 2016), as reappropriated by Item 3600-490, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
	(2)	Item 3600-001-0320, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017)
	0447—Wildlife Restoration Fund
	(1)	Item 3600-001-0447, Budget Act of 2016 (Ch. 23, Stats. 2016)
	(2)	Item 3600-001-0447, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017)
	3103—Hatchery and Inland Fisheries Fund
	(1)	Item 3600-001-3103, Budget Act of 2016 (Ch. 23, Stats. 2016), as reappropriated by Item 3600-490, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
	(2)	Item 3600-001-3103, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017)
	3212—Timber Regulation and Forest Restoration Fund
	(1)	Item 3600-101-3212, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017)

SEC. 17.

Item 3640-001-0447 of Section 2.00 of the Budget Act of 2020 is amended to read:

3640-001-0447—For support of Wildlife Conservation Board, payable from the Wildlife Restoration Fund ........................				193,000
	Schedule:
	(1)	2710-Wildlife Conservation Board ........................	321,000
	(2)	Reimbursements to 2710-Wildlife Conservation Board ........................	−128,000
	Provisions:
	1.	The Director of Finance may authorize a short-term cash loan of up to $600,000 from the General Fund to support the payment of payroll and operational costs from the clearing account. The cash loan shall be subject to the terms and conditions for repayment as may be prescribed by the Department of Finance. Interest charges may be waived pursuant to subdivision (e) of Section 16314 of the Government Code. For purposes of the budgetary and legal bases of accounting and budgeting, the principal amount of any loans made pursuant to this provision shall not be considered part of the balance of the fund that receives the loan, nor shall it be deducted from the balance of the fund from which the loan is made. These loans are considered cashflow loans for temporary cash shortages and shall not constitute budgetary loans, revenues, or expenditures. The Department of Finance shall make the final determination of the budgetary and accounting transactions and treatments to ensure proper implementation of this provision pursuant to Section 13344 of the Government Code.

SEC. 18.

Item 3760-492 of Section 2.00 of the Budget Act of 2020 is amended to read:

3760-492—Reappropriation, State Coastal Conservancy. The balances of the appropriations provided in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2023.
	0001—General Fund
	(1)	Item 3760-101-0001(b), Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)
	0005—Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund
	(1)	Item 3760-101-0005, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017)
	0748—Fish and Wildlife Habitat Enhancement Fund
	(1)	Item 3760-101-0748, Budget Act of 2015 (Chs. 10 and 11, Stats. 2015)
	6029—California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund
	(1)	Item 3760-101-6029, Budget Act of 2015 (Chs. 10 and 11, Stats. 2015)
	6051—Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006
	(1)	Item 3760-101-6051, Budget Act of 2015 (Chs. 10 and 11, Stats. 2015), as reverted by Item 3760-495, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)
	(2)	Item 3760-101-6051, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017)
	6083—Water Quality, Supply, and Infrastructure Improvement Fund of 2014
	(1)	Item 3760-101-6083, Budget Act of 2015 (Chs. 10 and 11, Stats. 2015)
	(2)	Item 3760-101-6083, Budget Act of 2016 (Ch. 23, Stats. 2016)
	6088—California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Fund
	(1)	Item 3760-101-6088, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)

SEC. 19.

Item 3790-493 of Section 2.00 of the Budget Act of 2020 is amended to read:

3790-493—Reappropriation, Department of Parks and Recreation. Notwithstanding any other ~~provision of~~ law, the period to liquidate encumbrances of the following citation is extended as specified:
	0001—General Fund
	(1)	Up to $1,389,000 of the amount appropriated in Item 3790-101-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017), until June 30, 2021
	0392—State Parks and Recreation Fund
	(1)	Up to $1,564,000 of the amount appropriated in Item 3790-001-0392, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019), until June 30, 2021
	(2)	Up to $10,218,000 of the amount appropriated in Item 3790-101-0392, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017), until June 30, 2021
	0786—California Wildlife, Coastal, and Park Land Conservation Fund of 1988
	(1)	Up to $1,690,000 of the amount appropriated in Item 3790-101-0786, Budget Act of 2014 (Chs. 25 and 663, Stats. 2014), until June 30, 2021
	6051—Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006
	(1)	Up to $2,344,000 of the amount appropriated in Item ~~3790-101-6051,~~ 3790-102-6051, Budget Act of 2011 (Ch. 33, Stats. 2011), until June 30, 2021
	(2)	Up to $13,379,000 of the amount appropriated in Item ~~3790-101-6051,~~ 3790-102-6051, Budget Act of 2009, as reappropriated by Item 3790-493, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017), until June 30, 2022

SEC. 20.

Item 3840-001-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:

3840-001-0890—For support of Delta Protection Commission, payable from the Federal Trust Fund ........................				1,000
	Schedule:
	(1)	3130-Delta Protection ........................	1,000
	Provisions:
	1.	The funds appropriated in this item are available for expenditure for local assistance or state operations.

SEC. 21.

Item 3900-492 of Section 2.00 of the Budget Act of 2020 is amended to read:

3900-492—Reappropriation, State Air Resources Board. The balances of the appropriations provided in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2022:
	3228—Greenhouse Gas Reduction Fund
	(1)	Provision 3 of Item 3900-101-3228, Budget Act of 2016 (Ch. 23, Stats. 2016), as added by Chapter 370 of the Statutes of 2016, as reappropriated by Item 3900-491, Budget Acts of 2018 (Chs. 29 and 30, Stats. 2018) and 2019 (Chs. 23 and 55, Stats. 2019).

SEC. 22.

Item 4170-001-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:

4170-001-0001—For support of California Department of Aging ........................				~~9,237,000~~ 9,020,000
	Schedule:
	(1)	3890-Nutrition ........................	1,452,000
	(1.5)	3895-Senior Community Employment Service ........................	82,000
	(2)	3900-Supportive Services ........................	~~3,338,000~~ 3,121,000
	(3)	3905-Community-Based Programs and Projects ........................	602,000
	(4)	3910-Medi-Cal Programs ........................	9,924,000
	(7)	Reimbursements to 3890-Nutrition ........................	−637,000
	(8)	Reimbursements to 3900-Supportive Services ........................	−430,000
	(9)	Reimbursements to 3905-Community-Based Programs and Projects ........................	−382,000
	(10)	Reimbursements to 3910-Medi-Cal Programs ........................	−4,712,000

SEC. 23.

Item 4180-001-0001 is added to Section 2.00 of the Budget Act of 2020, to read:

4180-001-0001—For support of California Commission on Aging ........................
217,000
Schedule:
(1) 3930-Commission on Aging ........................ 217,000

SEC. 24.

Item 4260-101-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:

4260-101-0001—For local assistance, State Department of Health Care Services, California Medical Assistance Program, payable from the Health Care Deposit Fund after transfer from the General Fund ........................					22,452,869,000
	Schedule:
	(1)	3960014-Eligibility (County Administration) ........................		892,819,000
	(2)	3960018-Fiscal Intermediary Management ........................		122,132,000
	(3)	3960022-Benefits (Medical Care and Services) ........................		23,215,530,000
	(4)	Reimbursements to 3960014-Eligibility (County Administration) ........................		−189,000
	(5)	Reimbursements to 3960022-Benefits (Medical Care and Services) ........................		−1,777,423,000
	Provisions:
	1.	The aggregate principal amount of disproportionate share hospital general obligation debt that may be issued in the current fiscal year pursuant to subparagraph (A) of paragraph (2) of subdivision (f) of Section 14085.5 of the Welfare and Institutions Code shall be $0.
	2.	Notwithstanding any other law, both the federal and nonfederal shares of any moneys recovered for previously paid health care services, provided pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, are hereby appropriated and shall be expended as soon as practicable for medical care and services as defined in the Welfare and Institutions Code.
	3.	Notwithstanding any other law, accounts receivable for recoveries as described in Provision 2 shall have no effect upon the positive balance of the General Fund or the Health Care Deposit Fund. Notwithstanding any other law, moneys recovered as described in this item that are required to be transferred from the Health Care Deposit Fund to the General Fund shall be credited by the Controller to the General Fund without regard to the appropriation from which it was drawn.
	4.	Without regard to fiscal year, the General Fund shall make one or more loans available not to exceed a cumulative total of $45,000,000 to be transferred as needed to the Health Care Deposit Fund to meet cash needs. All moneys so transferred shall be repaid as soon as sufficient reimbursements have been collected to meet immediate cash needs and in installments as reimbursements accumulate if the loan is outstanding for more than one year.
	5.	Notwithstanding any other law, the State Department of Health Care Services may give public notice relative to proposing or amending any rule or regulation or administrative directive that could result in increased costs in the Medi-Cal program only after approval by the Department of Finance. Additionally, any rule or regulation adopted by the State Department of Health Care Services and any communication that increases costs in the Medi-Cal program shall be effective only after the date upon which it is approved by the Department of Finance.
	7.	Change orders to the medical or the dental fiscal intermediary contract for amounts exceeding a total cost of $250,000 shall be approved by the Department of Finance not sooner than 30 days after written notification of the change order is provided to the chairpersons of the fiscal and policy committees in each house of the Legislature and to the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time after that notification as the chairperson of the joint committee, or the chairperson’s designee, may determine. The semiannual estimates of Medi-Cal expenditures provided to the Legislature in January and May may constitute the notification required by this provision.
	8.	Recoveries of advances made to counties in prior years pursuant to Section 14153 of the Welfare and Institutions Code are reappropriated to the Health Care Deposit Fund for reimbursement of those counties where allowable costs exceeded the amounts advanced. Recoveries in excess of the amounts required to fully reimburse allowable costs shall be transferred to the General Fund. When a projected deficiency exists in the California Medical Assistance Program, these funds, subject to notification to the Chairperson of the Joint Legislative Budget Committee, are appropriated and shall be expended as soon as practicable for the state’s share of payments for medical care and services, county administration, and fiscal intermediary services.
	9.	The Department of Finance may transfer funds representing all or any portion of any estimated savings that are a result of improvements in the Medi-Cal claims processing procedures from the Medi-Cal services budget or the support budget of the State Department of Health Care Services (Item 4260-001-0001) to the fiscal intermediary budget item for purposes of making improvements to the Medi-Cal claims system.
	10.	Notwithstanding any other law, the Department of Finance may authorize the transfer of expenditure authority between Schedules (1), (2), and (3) of this item and between this item and Items 4260-102-0001, 4260-111-0001, 4260-113-0001, 4260-114-0001, and 4260-117-0001 in order to effectively administer the programs funded in these items. The Department of Finance shall notify the Legislature within 10 days of authorizing such a transfer unless prior notification of the transfer has been included in the Medi-Cal estimates submitted pursuant to Section 14100.5 of the Welfare and Institutions Code. The 10-day notification to the Legislature shall include the reasons for the transfer, the fiscal assumptions used in calculating the transfer amount, and any potential fiscal effects on the program from which funds are being transferred or for which funds are being reduced.
	11.	If a federal grant that provides 75 percent federal financial participation to allow individuals in nursing homes to voluntarily move into a community setting and still receive the same amount of funding for services is awarded to the State Department of Health Care Services during the current fiscal year, then, notwithstanding any other law, the department may count expenditures from the appropriation made to this item as state matching funds for that grant.
	12.	Notwithstanding any other law, the Department of Finance may authorize an increase to this appropriation to address costs resulting from adverse court rulings. The Department of Finance shall provide a 30-day notice of any proposed increase to the Legislature. The notification shall include the specifics of any cases with adverse rulings and the overall fiscal impact. Submission of the semiannual Medi-Cal estimate provided to the Legislature in January and May shall be considered meeting the notification requirement of this provision if the required information is included in the estimate.
	13.	The Department of Finance may augment the amount appropriated in this item up to $479,557,000 for repayment of over-claimed Title XXI federal funds related to the Non Optional Targeted Low Income Children Program population of the Medicaid program. Repayment shall occur upon the final determination of the Centers for Medicare and Medicaid Services that associated Title XXI federal funds must be refunded by the state. The Department of Finance shall notify the Legislature within 10 days of authorizing an augmentation pursuant to this provision. The 10-day notification to the Legislature shall describe the reason for the augmentation and the fiscal assumptions used.
	15.	To the extent practicable and consistent with existing procedures, the State Department of Health Care Services, in its sole discretion, shall seek favorable terms from the federal government regarding the repayment of federal funds for state-only populations in order to minimize the annual impact on the General Fund in any individual fiscal year.
	16.	Of the funds appropriated in this item, $195,000 is available for systems changes and other preparations necessary to implement, no sooner than July 1, 2021, the provision of hearing aids and associated services to non-Medi-Cal children who otherwise do not have health insurance coverage for these services and are at or below 600% of the federal poverty level.
	17.	The State Department of Health Care Services, in consultation with the Legislature, stakeholders, the Department of Aging, the State Department of Social Services, the State Department of Developmental Services, and the State Department of Public Health, may develop the Long Term Care at Home benefit for qualified Medi-Cal beneficiaries, contingent upon compliance with the requirements described in this provision. The State Department of Health Care Services may seek any federal approvals necessary to implement this benefit and with an effective date for implementation no sooner than July 1, 2021. The State Department of Health Care Services may implement the Long Term Care at Home benefit only to the extent that any necessary federal approvals are obtained, federal financial participation is available and not otherwise jeopardized, and contingent on an appropriation or appropriations included in the annual budget act. The Long Term Care at Home benefit shall be implemented only to the extent the department and the Department of Finance, after consultation with stakeholders and the Legislature, jointly determine that the implementation of this benefit would not jeopardize the quality of care, efficiency, and cost-effectiveness of the Medi-Cal program. In developing this proposal, the State Department of Health Care Services shall consider ways to coordinate existing long term care benefits with the new benefit and minimize program disruption to participants of those programs. The Department of Finance shall notify the chairpersons of the fiscal and policy committees in each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee at least 30 days prior to the State Department of Health Care Services submitting a request for a state plan amendment or waiver to the federal Centers for Medicare and Medicaid Services to implement the benefit described in this provision. The State Department of Health Care Services shall not implement the benefit described in this provision until and unless legislation specifically authorizing the implementation of the benefit in state law is approved by the Legislature and the Governor, and no sooner than July 1, 2021. The implementation of any such benefit shall only take effect when the State Department of Health Care Services notifies the Legislature that all necessary system changes, including automation changes, any managed care adjustments, and changes to the provider enrollment system, have been completed. Any such benefit shall be required to include, but not be limited to, the following components:
		(a)	Articulation of specific goals and person-centered outcomes to be achieved under this benefit, including data that will be required to be collected to facilitate quality, accountability and oversight, and the effect on racial, ethnic, and geographic health disparities. These shall include tracking of recipient satisfaction and quality of life before and after the benefit, geographic and other access challenges as the benefit is being implemented, and health outcomes and mortality experienced while receiving the benefit as compared to health outcomes and mortality experienced in other long-term services and supports settings.
		(b)	Eligibility requirements for the benefit. This shall include the functional capabilities and the individualized caregiving requirements for possible recipients, informed consent to enroll, and the acknowledgment that no Medi-Cal beneficiary is required to involuntarily discontinue or reduce utilization of other long-term services and supports benefits provided under a federal waiver program or State Plan for which the beneficiary is otherwise eligible.
		(c)	Identification of specific services to be provided as entitlements to beneficiaries under the benefit.
		(d)	Identification of specific providers that will be authorized to provide the benefit and the associated services, as well as the provider reimbursement methodology for the overall benefit and for specific services provided under the benefit, including for individuals who are eligible for both Medi-Cal and Medicare.
		(e)	Coordination of existing State Plan or waiver long-term services and supports benefits , such as Community-Based Adult Services (CBAS), In-Home Supportive Services (IHSS), the Multipurpose Senior Services Program (MSSP) and Programs of All-Inclusive Care for the Elderly (PACE), allowing existing providers to participate in the Long-Term Care at Home benefit, either as the provider of the overall benefit or as a specific service provider, or to allow referrals.
		(f)	A requirement that all Long-Term Care at Home providers provide culturally and linguistically appropriate care to beneficiaries.
	18.	The State Department of Health Care Services, in consultation with the Department of Aging, the State Department of Social Services, the State Department of Developmental Services, and the State Department of Public Health, shall engage with stakeholders, including the Master Plan for Aging’s Long Term Services and Supports Subcommittee and the Legislature, on an on-going basis, beginning in September 2020, and continuing through the implementation of the Long Term Care at Home benefit pursuant to Provision 17. This on-going consultation shall include updates and the ability to receive input on the design and implementation details of the benefit, including, but not limited to, goals and outcomes, eligibility requirements, services, reimbursement methodologies, provider requirements, and model of care. The State Department of Health Care Services will solicit feedback on challenges or necessary program design changes through the consultation process. The consultation process shall include public hearings during the 2021 budget process. The departments, in conjunction with these ongoing updates, shall provide updates to and receive input about current and emerging efforts to decompress the use of congregate settings including increased flexibilities for and expansion of existing Home and Community Based Services programs and access to testing and personal protective equipment for participants, staff, residents of nursing homes, and Home and Community Based Services programs during the COVID-19 crisis and prior to implementation of any new benefit.

SEC. 25.

Item 4260-101-3366 of Section 2.00 of the Budget Act of 2020 is repealed.

4260-101-3366—For local assistance, State Department of Health Care Services, payable fom the Electronic Cigarette Products Tax Fund
9,600,000
Schedule:
(1) 3960022-Benefits (Medical Care and Services) 9,600,000

SEC. 26.

Item 4300-301-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:

4300-301-0001—For capital outlay, State Department of Developmental Services ........................						1,555,000
	Schedule:
	(1)	0000716-Porterville: Upgrade Fire Alarm System ........................			1,345,000
		(a)	Construction ........................	1,345,000
	(2)	0007358-Porterville: Install Fire Sprinkler System ........................			210,000
		(a)	Preliminary Plans ........................	210,000

SEC. 27.

Item 4560-001-3085 of Section 2.00 of the Budget Act of 2020 is amended to read:

4560-001-3085—For support of Mental Health Services Oversight and Accountability Commission, payable from the Mental Health Services Fund ........................				~~15,876,000~~ 16,202,000
	Schedule:
	(1)	4170-Mental Health Services Oversight and Accountability Commission ........................	~~15,876,000~~ 16,202,000
	Provisions:
	1.	Of the funds appropriated in this item, up to $4,020,000 is available for encumbrance or expenditure until June 30, 2022. Of the $4,020,000, $2,000,000 is available to support suicide prevention efforts consistent with the Mental Health Services Oversight and Accountability Commission’s Suicide Prevention Report “Striving for Zero” and in consultation and coordination with the State Department of Public Health and the State Department of Health Care Services. The remaining $2,020,000 is available to support innovative approaches, in partnership with counties and other entities, to address mental health needs as a result of the COVID-19 pandemic.
	2	Notwithstanding any provision of the Government Code and the Public Contract Code, the Mental Health Services Oversight and Accountability Commission may, until June 30, 2021, adjust the terms of pending contracts or amend existing contracts under its authority, including contracts executed through a competitive procurement process, under this item and Item 4560-101-3085, if the amendment meets all of the following conditions: a) is consistent with the legislative intent of the available funding, b) furthers the state’s interest in addressing current and emerging mental health needs, c) and improves the cost-effectiveness of the local assistance program, as determined by the commission.

SEC. 28.

Item 4560-101-3085 of Section 2.00 of the Budget Act of 2020 is amended to read:

4560-101-3085—For local assistance, Mental Health Services Oversight and Accountability Commission, payable from the Mental Health Services Fund ........................				~~29,156,000~~ 28,830,000
	Schedule:
	(1)	4170-Mental Health Services Oversight and Accountability Commission ........................	~~29,156,000~~ 28,830,000
	Provisions:
	1.	Notwithstanding any other law, of the amount available for expenditure in Schedule (1), $20,000,000 is available for encumbrance or expenditure until June 30, 2022.

SEC. 29.

Item 4700-101-0001 is added to Section 2.00 of the Budget Act of 2020, to read:

4700-101-0001—For local assistance, Department of Community Services and Development ........................
0
Schedule:
(1) 4185-Community Services ........................ 5,000,000
(2) Reimbursements to 4185-Community Services ........................ −5,000,000

SEC. 30.

Item 5180-101-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:

5180-101-0001—For local assistance, State Department of Social Services ........................						~~2,732,311,000~~ 2,731,919,000
	Schedule:
	(1)	4270010-CalWORKs ........................			2,177,485,000
	(2)	4270019-Other Assistance Payments ........................			~~555.161.000~~ 554,769,000
	(3)	Reimbursements to 4270010-CalWORKs ........................			−335,000
	Provisions:
	1.	(a)	Funds appropriated in this item shall not be encumbered unless every rule or regulation adopted and every all-county letter issued by the State Department of Social Services that adds to the costs of any program is approved by the Department of Finance as to the availability of funds before it becomes effective. In making the determination as to availability of funds to meet the expenditures of a rule, regulation, or all-county letter that would increase the costs of a program, the Department of Finance shall consider the amount of the proposed increase on an annualized basis, the effect the change would have on the expenditure limitations for the program set forth in this act, the extent to which the rule, regulation, or all-county letter constitutes a deviation from the premises under which the expenditure limitations were prepared, and any additional factors relating to the fiscal integrity of the program or the state’s fiscal situation.
		(b)	Notwithstanding Sections 28.00 and 28.50, the availability of funds contained in this item for rules, regulations, or all-county letters that add to program costs funded from the General Fund in excess of $500,000 on an annual basis, including those that are the result of a federal regulation, but excluding those that are (1) specifically required as a result of the enactment of a federal or state law or (2) included in the appropriation made by this act, shall not be approved by the Department of Finance sooner than 30 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee, or sooner than such lesser time after notification as the chairperson of the joint committee, or the chairperson’s designee, may in each instance determine.
	2.	Notwithstanding Chapter 1 (commencing with Section 18000) of Part 6 of Division 9 of the Welfare and Institutions Code, a loan not to exceed $500,000,000 shall be made available from the General Fund, from funds not otherwise appropriated, to: (a) cover the costs of a program or programs when the federal funds have not been received or funds in any subaccount within the Local Revenue Fund have not been deposited prior to the usual time for the state to transmit payment to the counties or (b) ensure cash disbursement needs in this item are met when abatements have not yet posted in time for disbursement. For this purpose, the Department of Finance may authorize an augmentation to this item to ensure cash disbursement requirements are met. This loan from the General Fund shall be repaid when the federal funds or the funds for any subaccounts within the Local Revenue Fund for the program or programs becomes available.
	3.	The Department of Finance may authorize the transfer of amounts from this item to Item 5180-001-0001 in order to fund the costs of the administrative hearing process associated with the CalWORKs program.
	4.	(a)	The Department of Finance is authorized to approve expenditures in those amounts made necessary by changes in either caseload or payments, including, but not limited to, the timing of federal payments, or any rule or regulation adopted and any all-county letter issued as a result of the enactment of a federal or state law, the adoption of a federal regulation, or a court action, during the 2020–21 fiscal year that are within or in excess of amounts appropriated in this act for that year.
		(b)	If the Department of Finance determines that the estimate of expenditures will exceed the expenditures authorized for this item, the department shall so report to the Legislature. At the time the report is made, the amount of the appropriation made in this item shall be increased by the amount of the excess unless and until otherwise provided by law.
	5.	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) shall not be expended in any way that would cause their disqualification as a federally allowable maintenance-of-effort expenditure.
	6.	In the event of a declared disaster and upon county request, the State Department of Social Services may act in the place of any county and assume direct responsibility for the administration of eligibility and grant determination. The Department of Finance may authorize the transfer of funds from this item and Item 5180-101-0890 to Items 5180-001-0001 and 5180-001-0890, for this purpose.
	7.	Pursuant to the Electronic Benefits Transfer (EBT) Act (Chapter 3 (commencing with Section 10065) of Part 1 of Division 9 of the Welfare and Institutions Code) and in accordance with the EBT System regulations (Manual of Policies and Procedures Section 16-401.15), in the event a county fails to reimburse the EBT contractor for settlement of EBT transactions made against the county’s cash assistance programs, the state is required to pay the contractor. The State Department of Social Services may use funds from this item to reimburse the EBT contractor for settlement on behalf of the county. The county shall be required to reimburse the department for the county’s settlement via direct payment or administrative offset.
	8.	The Department of Finance is authorized to approve expenditures for the California Food Assistance Program in those amounts made necessary by changes in the CalFresh Program Standard Utility Allowance, including changes that result from midyear Standard Utility Allowance adjustments requested by the state and any adjustments necessary to maintain parity with federal program changes. If the Department of Finance determines that the estimate of expenditures will exceed the expenditure authority of this item, the department shall so report to the Legislature. At the time the report is made, the amount of the appropriation made in this item shall be increased by the amount of the excess unless and until otherwise provided by law.
	9.	Of the amount appropriated in Schedule (1), $95,000,000 shall be available for housing supports for those families in receipt of CalWORKs for whom homelessness or housing instability is a barrier to self-sufficiency or child well-being pursuant to Section 11330.5 of the Welfare and Institutions Code. These funds shall be available for encumbrance or expenditure until June 30, 2022.
	11.	(a)(1)		Of the funds appropriated in Schedule (2), $10,000,000 is to augment the Emergency Child Care Bridge Program.
		(2)	Funds appropriated in Schedule (2) shall be used to provide a one-time increase to the rates paid to foster family agencies as described in paragraph (1) of subdivision (f) of Section 11463 of the Welfare and Institutions Code.
	12.	The Department of Finance is authorized to approve expenditures in excess of the amounts appropriated in Schedule (2), upon notification from the State Department of Social Services, to replenish the State Emergency Food Bank Reserve.
	13.	Of the funds appropriated in Schedule (2), ~~$29,021,000~~ $28,639,000 shall be available to fund the assistance costs associated with continuing an extended foster care benefit assistance payment for any nonminor dependent who met eligibility requirements for the Extended Foster Care program, has lost their employment or has experienced a disruption in their education program resulting from COVID-19, and cannot otherwise meet any of the participation requirements, as described in All County Letter 20-45, and extend foster care eligibility for nonminor dependents who turn 21 years of age while in extended foster care on or after April 17, 2020, through June 30, 2021, beyond the maximum age limit of Sections 11400 and 11403 of the Welfare and Institutions Code and accompanying rules or regulations. 20-45 and in federal letter ACYF-CB-PI-20-10, unless Stafford Act flexibilities for employment and education requirements, as described in PI-20-10, are rescinded prior to June 30, 2021. Additionally, to assist with housing stability, the funds shall be used to make monthly payments to, or on behalf of, any individual who attained 21 years of age while in extended foster care on or after April 17, 2020, through June 30, 2021. Payments shall be consistent with applicable rates for existing foster care placement settings.

SEC. 31.

Item 5180-111-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:

5180-111-0001—For local assistance, State Department of Social Services ........................				7,160,167,000
	Schedule:
	(1)	4270028-SSI/SSP ........................	2,699,320,000
	(2)	4275010-IHSS ........................	15,213,970,000
	(3)	Reimbursements to 4275010-IHSS ........................	−10,753,123,000
	Provisions:
	1.	Provisions 1 and 4 of Item 5180-101-0001 also apply to this item.
	2.	Notwithstanding Chapter 1 (commencing with Section 18000) of Part 6 of Division 9 of the Welfare and Institutions Code, a loan not to exceed $450,000,000 shall be made available from the General Fund from funds not otherwise appropriated, to cover the federal share or reimbursable share, or both, of costs of a program or programs when the federal funds or reimbursements (from the Health Care Deposit Fund or counties) have not been received by this state prior to the usual time for transmitting payments for the federal or reimbursable share of costs for this state. That loan from the General Fund shall be repaid when the federal share of costs for the program or programs becomes available, or in the case of reimbursements, subject to Section 16351 of the Government Code. County reimbursements also shall be subject to Section 16314 of the Government Code, which specifies the rate of interest. The State Department of Social Services may offset a county’s share of cost of the In-Home Supportive Services (IHSS) program against local assistance payments made to the county if the county fails to reimburse its share of cost of the IHSS program to the state.
	3.	The Director of Finance may authorize the transfer of amounts from this item to Item 5180-001-0001 in order to fund the cost of the administrative hearing process associated with changes in aid or service payments in the IHSS program. The Department of Finance shall report to the Legislature the amount to be transferred pursuant to this provision. The transfer shall be authorized at the time the report is made.
	4.	(a) Notwithstanding any other law, funds appropriated in this item shall be used to fully offset the reduction in hours of service described in Section 12301.02 of the Welfare and Institutions Code. (b) (1) Funds appropriated for the purpose described in subdivision (a) shall be suspended on December 31, 2021, unless the conditions specified in paragraph (2) apply. (2) The suspension shall not take effect if the estimates of General Fund revenues and expenditures for the 2021–22 and 2022–23 fiscal years, as determined pursuant to Section 12.5 of Article IV of the California Constitution, that accompany the May Revision required to be released by May 14, 2021, pursuant to Section 13308 of the Government Code, contain projected annual General Fund revenues that exceed projected annual General Fund expenditures for the 2021–22 and 2022–23 fiscal years by an amount equal to or greater than the sum total of all General Fund appropriations for all programs subject to suspension on December 31, 2021, pursuant to this act and the bills providing for appropriations related to this act. (3) It is the intent of the Legislature to consider alternative solutions to restore this program if the suspension takes effect.
	5.	Pursuant to Provision 1, of the funds appropriated in this item, an amount shall be available to fund the unemployment compensation benefits and extended benefits for an individual whose employment for purposes of unemployment insurance coverage includes services performed in the employ of their parent, child, or spouse if that individual is providing services through the In-Home Supportive Services program or the Waiver Personal Care Services program, contingent upon legislation to be enacted in the 2019–20 legislative session providing for the necessary statutory changes to this effect.

SEC. 32.

Item 5180-151-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:

5180-151-0001—For local assistance, State Department of Social Services ........................					~~517,894,000~~ 523,419,000
	Schedule:
	(1)	4275019-Children and Adult Services and Licensing ........................		~~690,202,000~~ 695,727,000
	(2)	4275028-Special Programs ........................		156,005,000
	(3)	Reimbursements to 4275019-Children and Adult Services and Licensing ........................		−318,313,000
	(4)	Reimbursements to 4275028-Special Programs ........................		−10,000,000
	Provisions:
	1.	Provision 1 of Item 5180-101-0001 also applies to this item.
	2.	Notwithstanding Chapter 1 (commencing with Section 18000) of Part 6 of Division 9 of the Welfare and Institutions Code and pursuant to Section 30029.8 of the Government Code, a loan not to exceed $50,000,000 shall be made available from the General Fund, from funds not otherwise appropriated, to cover the federal share or reimbursable share, or both, of costs of a program or programs when the federal funds or reimbursements have not been received by this state prior to the usual time for transmitting state payments for the federal or reimbursable share of costs. The loan from the General Fund shall be repaid when the federal or reimbursable share of costs for the program or programs becomes available.
	3.	The Department of Finance may authorize the establishment of positions and transfer of amounts from this item to Item 5180-001-0001, in order to allow the state to perform the facilities evaluation function of the Community Care Licensing Division in the event the counties fail to perform that function.
	4.	Nonfederal funds appropriated in this item that 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) shall not be expended in any way that would cause their disqualification as a federally allowable maintenance-of-effort expenditure.
	5.	The Department of Finance may authorize the establishment of positions and transfer of amounts from this item to Item 5180-001-0001 in order to allow the state to perform the adoptions function in the event that a county notifies the State Department of Social Services that it intends to cease performing that function.
	6.	Funds appropriated in this item for the Commercially Sexually Exploited Children Program required by Chapter 5.2 (commencing with Section 16524.6) of Part 4 of Division 9 of the Welfare and Institutions Code shall be appropriately reduced by the Department of Finance to the extent any activities for which funding is included are also required by the Preventing Sex Trafficking and Strengthening Families Act (P.L. 113-183).
	8.	Funds appropriated in this item for legal services to unaccompanied undocumented minors and for immigration services in accordance with Chapter 5.6 (commencing with Section 13300) of Part 3 of Division 9 of the Welfare and Institutions Code shall be available for liquidation until June 30, 2026.
	9.	Of the total amount appropriated in this item, up to $4,000,000 shall be available for a county-optional block grant program, for allocation to local agencies to fund activities the Commission on State Mandates identified as reimbursable state mandates in the Interagency Child Abuse and Neglect Investigation Reports (CSM-00-TC-22) mandate. A local agency that receives funding according to this item shall not be eligible to submit claims to the Controller for reimbursement under Section 17560 of the Government Code for any costs related to the reimbursable state-mandated activities identified in CSM-00-TC-22 incurred in the same fiscal year during which the local agency received funding according to this item. The State Department of Social Services, in consultation with the California State Association of Counties, shall develop an allocation methodology for the purpose of distributing these funds to participating counties. Block grant funding apportioned according to this item is subject to annual financial and compliance audits.
	11.	(a)	Of the funds appropriated in Schedule (1), $30,640,000 is for the support of activities related to the Child Welfare Services-California Automated Response and Engagement System (CWS-CARES) project. Expenditure of these funds is contingent upon approval of project documents by the Department of Finance and the Department of Technology. This amount may be increased by the Department of Finance, up to a maximum of $5,000,000 during the 2020–21 fiscal year, upon approval of revised project documents. Such an increase shall only be used to support an acceleration of planned project activities and shall not be used to increase total project costs. Any such increase shall be authorized no less than 10 calendar days following written notification to the Chairperson of the Joint Legislative Budget Committee, or a lesser period if requested by the department and approved by the Chairperson of the Joint Legislative Budget Committee, or the chairperson’s designee.
		(b)	The Department of Finance may authorize the transfer of funds appropriated for the CWS-CARES project in Schedule (1) to Item 5180-001-0001, for project-related activities, including, but not limited to, necessary personal services expenditures, interagency agreements, and contracts.
		(c)	The State Department of Social Services, in coordination with other state entities and counties involved in the CWS-CARES project efforts, shall (1) provide stakeholders, counties, and the Legislature with monthly project status reports, including newly executed contracts, their purpose, and cost and (2) convene a regularly scheduled quarterly forum to provide project updates to stakeholders and legislative staff. The forums shall include updates on the progress of project development and implementation, expenditures incurred to date, significant issues and risks overcome in the prior quarter and presently being addressed, and upcoming project milestones and significant events.
		(d)	Of the amount appropriated in this item, $100,000 is available to fund reimbursements to an Indian tribe, as defined in subdivision (a) of Section 224.1 of the Welfare and Institutions Code, or the tribe’s designee, for costs associated with participating with the State Department of Social Services to guide the development of an automated system used for Child Welfare Services. Notwithstanding any other law, the amount and manner of reimbursements shall be determined by the State Department of Social Services in written directives.
	12.	The Department of Finance may authorize the transfer of funds appropriated in this item for activities related to implementation of the Resource Family Approval Program to Item 5180-001-0001 in order for the State Department of Social Services to perform these activities on behalf of counties. Funds shall only be transferred pursuant to this provision after consultation with the County Welfare Directors Association of California and consistent with written notification from the county or counties of the amount of funding to be transferred.
	13.	Of the amount appropriated in this item, $7,000,000 shall be available for contracts under the authority of Chapter 5.6 (commencing with Section 13300) of Part 3 of Division 9 of the Welfare and Institutions Code with organizations qualified pursuant to that chapter, to provide legal services to persons on California State University campuses. These funds shall be available for encumbrance or expenditure until June 30, 2023, and liquidation until June 30, 2026. Use of these funds shall be reported in updates provided to the Legislature on the State Department of Social Services’ immigration programs.
	14.	Of the amount appropriated in this item, $10,000,000 shall be available for legal services pursuant to Chapter 5.6 (commencing with Section 13300) of Part 3 of Division 9 of the Welfare and Institutions Code, for, but not limited to, unaccompanied undocumented minors and other minors in removal proceedings, and current or past beneficiaries of federal temporary protected status, to be allocated at the discretion of the State Department of Social Services. These funds shall be available for encumbrance or expenditure until June 30, 2023, and liquidation until June 30, 2026. Use of these funds shall be reported in updates provided to the Legislature on the department’s immigration programs.
	15.	(a)	Of the amount appropriated in this item, the State Department of Social Services may allocate no more than $50,000,000 to existing Emergency Food Assistance Program (EFAP) providers under contract with the department, to nonprofit Feeding America members located in California or to a Feeding America partner state organization with the capacity to purchase and distribute food statewide in California. These funds are made available to mitigate any increases in food insecurity and administrative costs caused by the COVID-19 emergency and related economic recovery. These funds shall be allocated at the sole discretion of the department.
		(b)	Notwithstanding any other law, the department’s allocation of these funds shall be exempt from the requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, and from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services.
		(c)	The department shall inform the Legislature of the final allocation of funding available pursuant to this provision no later than August 1, 2021.
		(d)	Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this provision without adopting regulations.
	16.	The Department of Finance may increase the expenditure authority in this item to support unanticipated costs related to the federal Family First Prevention Services Act, subject to documentation provided by the State Department of Social Services explaining the need for the resources.
	17.	Of the funds appropriated in Schedule (2), $25,000,000 shall be available for the Housing and Disability Advocacy Program to increase participation among homeless persons with disabilities who may be eligible for disability benefits programs pursuant to Section 18999.1 of the Welfare and Institutions Code.
	18.	(a)	(1) Of the funds appropriated in Schedule (1), $8,250,000 is to augment the Child Welfare Public Health Nursing Early Intervention Program.
			(2) Of the funds appropriated in Schedule (1), $29,734,000 is to augment the Family Urgent Response System.
	19.	Of the funds appropriated in Schedule (1), ~~$2,979,000~~ $8,504,000 shall be available to fund the administrative costs associated with continuing an extended foster care benefit assistance payment for any nonminor dependent who met eligibility requirements for the Extended Foster Care program, has lost their employment or has experienced a disruption in their education program resulting from COVID-19, and cannot otherwise meet any of the participation requirements, as described in All County Letter 20-45, and extend foster care eligibility for nonminor dependents who turn 21 years of age while in extended foster care on or after April 17, 2020, through June 30, 2021, beyond the maximum age limit of Sections 11400 and 11403 of the Welfare and Institutions Code and accompanying rules or regulations. 20-45 and in federal letter ACYF-CB-PI-20-10, unless Stafford Act flexibilities for employment and education requirements, as described in PI-20-10, are rescinded prior to June 30, 2021. Additionally, the funds shall be used to fund the administrative costs associated with monthly case management and to make payments to, or on behalf of, any individual who attained 21 years of age while in extended foster care on or after April 17, 2020, through June 30, 2021. Payments shall be consistent with applicable rates for existing foster care placement settings.
	20.	(a)	Of the amount appropriated in Schedule (1), $80,000,000 shall be provided on a one-time basis to county welfare agencies for child welfare services activities. The State Department of Social Services shall develop, in consultation with the County Welfare Directors Association, the methodology for determining the amount to be provided to each county. As a condition of receipt, each county welfare department director shall provide a signed certification from the director of the child welfare agency that the funds received pursuant to this section will be spent on child welfare services activities.
		(b)	Within 45 days of the enactment of the act that adds this provision, the State Department of Social Services shall disburse to counties the amounts as determined pursuant to subdivision (a).

SEC. 33.

Item 5225-301-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:

5225-301-0001—For capital outlay, Department of Corrections and Rehabilitation ........................						33,669,000
	Schedule:
	(1)	0000397-Statewide: Budget Packages and Advanced Planning ........................			250,000
		(a)	Study ........................	250,000
	(2)	0003310-California State Prison, Corcoran: Medication Distribution Improvements—Phase II ........................			4,149,000
		(a)	Construction ........................	4,149,000
	(3)	0003311-California Health Care Facility, Stockton: Medication Distribution Improvements—Phase II ........................			5,246,000
		(a)	Construction ........................	5,246,000
	(4)	0003312-California State Prison Los Angeles County, Lancaster: Medication Distribution Improvements—Phase II ........................			3,546,000
		(a)	Construction ........................	3,546,000
	(5)	0003314-Pelican Bay State Prison, Crescent City: Medication Distribution Improvements—Phase II ........................			1,681,000
		(a)	Construction ........................	1,681,000
	(6)	0003315-Richard J. Donovan Correctional Facility, San Diego: Medication Distribution Improvements—Phase II ........................			3,339,000
		(a)	Construction ........................	3,339,000
	(7)	0003316-California State Prison, Sacramento: Medication Distribution Improvements—Phase II ........................			6,975,000
		(a)	Construction ........................	6,975,000
	(8)	0003317-Salinas Valley State Prison, Soledad: Medication Distribution Improvements—Phase II ........................			1,848,000
		(a)	Construction ........................	1,848,000
	(9)	0003318-Central California Women’s Facility, Chowchilla: Medication Distribution Improvements— Phase II ........................			753,000
		(a)	Construction ........................	753,000
	(10)	0003319-California Institution for Women, ~~Corona:~~ Chino: Medication Distribution Improvements—Phase II ........................			804,000
		(a)	Construction ........................	804,000
	(11)	0003320-Correctional Training Facility, Soledad: Medication Distribution Improvements—Phase II ........................			724,000
		(a)	Construction ........................	724,000
	(12)	0003321-Folsom State Prison, Folsom: Medication Distribution Improvements—Phase II ........................			1,035,000
		(a)	Construction ........................	1,035,000
	(13)	0003322-Mule Creek State Prison, Ione: Medication Distribution Improvements—Phase II ........................			726,000
		(a)	Construction ........................	726,000
	(14)	0003323-California State Prison Solano, Vacaville: Medication Distribution Improvements—Phase II ........................			840,000
		(a)	Construction ........................	840,000
	(15)	0004989-Valley State Prison, Chowchilla: Arsenic Removal Water Treatment Plant ........................			1,453,000
		(a)	Working drawings ........................	1,453,000
	(16)	0007318-California State Prison, Los Angeles County, Lancaster: Medication Preparation Room Unit D5 ........................			300,000
		(a)	Preliminary plans ........................	300,000
	Provisions:
	1.	The funds appropriated in Schedule (1) ~~shall~~ are to be allocated by the Department of Corrections and Rehabilitation, upon approval by the Department of Finance, to develop design and cost information for new projects for which funds have not been previously appropriated, but for which preliminary plan funds, working drawings funds, or working drawings and construction funds are anticipated to be included in future budgets. These funds may be used for all of the following: budget package development, site studies, suitability reports, environmental services and studies, architectural programming, engineering assessments, schematic design, master planning, and preliminary plans. The amount appropriated in this item for these purposes ~~shall~~ is not to be construed as a commitment by the Legislature as to the amount of capital outlay funds it will appropriate in any future year. Before using these funds for preliminary plans, the Department of Corrections and Rehabilitation ~~shall, at least 20 days before the funds are used, notify~~ shall provide a 20-day notification to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees of each house of the Legislature, and the legislative members of the State Public Works ~~Board of~~ Board, discussing the scope, cost, and future implications of the use of funds for preliminary plans.

SEC. 34.

Item 5225-301-0660 of Section 2.00 of the Budget Act of 2020 is amended to read:

5225-301-0660—For capital outlay, Department of Corrections and Rehabilitation, payable from the Public Buildings Construction Fund ........................						101,903,000
	Schedule:
	(1)	0001427-California Institution for Men, Chino: 50-Bed Mental Health Crisis Facility ........................			91,032,000
		(a)	Construction ........................	91,032,000
	(2)	0000336-California Men’s Colony, San Luis Obispo: ~~West Facility~~ Central Kitchen Replacement ........................			8,205,000
		(a)	Construction ........................	8,205,000
	(3)	0004995-Correctional Training Facility Soledad: Health Care Facility Improvement ~~Program–Specialty~~ Project—Specialty Care Clinic ........................			2,666,000
		(a)	Construction ........................	2,666,000

SEC. 35.

Item 5225-495 of Section 2.00 of the Budget Act of 2020 is amended to read:

5225-495—Reversion, Department of Corrections and Rehabilitation. As of June 30, 2020, the balances specified below of the appropriations provided in the following citations shall revert to the balances in the funds from which the appropriations were made.
	0001—General Fund
	(1)	Item 5225-301-0001, Budget Act of ~~2018, as partially reappropriated by Item 5225-491, Budget Act of 2019, and as partially reverted by Item 5225-495, Budget Act of 2019~~ 2018
		(5)	$2,063,000 appropriated in Project 0001370-Deuel Vocational Institution, Tracy: Brine Concentrator System Replacement
			(a)	Working drawings
		(18)	$136,000 appropriated in Project 0003313-Kern Valley State Prison, Delano: Medication Distribution Improvements—Phase II
			~~(b)~~(a)	Preliminary plans
	0668—Public Buildings Construction Fund Subaccount
	(1)	The unexpended balance for subdivision (c) of Section 14 of Chapter 42 of the Statutes of 2012

SEC. 36.

Item 6100-001-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-001-0001—For support of State Department of Education ........................					~~58,166,000~~ 60,066,000
	Schedule:
	(1)	5205010-Curriculum Services ........................		~~61,020,000~~ 62,920,000
	(2)	5210066-Special Program Support ........................		~~11,275,000~~ 11,663,000
	(3)	9900100-Administration ........................		57,355,000
	(4)	9900200-Administration—Distributed ........................		−57,355,000
	(5)	Reimbursements to 5205010-Curriculum Services ........................		−10,516,000
	(6)	Reimbursements to 5210066-Special Program Support ........................		~~−3,613,000~~ −4,001,000
	Provisions:
	1.	Notwithstanding Section 33190 of the Education Code or any other law, the State Department of Education shall not expend funds to prepare a statewide summary of pupil performance on school district proficiency assessments or a compilation of information on private schools with five or fewer pupils.
	2.	Funds appropriated in this item may be expended or encumbered to make one or more payments under a personal services contract of a visiting educator pursuant to Section 19050.8 of the Government Code, a long-term special consultant services contract, or an employment contract between an entity that is not a state agency and a person who is under the direct or daily supervision of a state agency, only if all of the following conditions are met:
		(a)	The person providing service under the contract provides full financial disclosure to the Fair Political Practices Commission in accordance with the rules and regulations of the commission.
		(b)	The service provided under the contract does not result in the displacement of any represented civil service employee.
		(c)	The rate of compensation for salary and health benefits for the person providing service under the contract does not exceed by more than 10 percent the current rate of compensation for salary and health benefits determined by the Department of Human Resources for civil service personnel in a comparable position. The payment of any other compensation or any reimbursement for travel or per diem expenses shall be in accordance with the State Administrative Manual and the rules and regulations of the California Victim Compensation Board.
	3.	The funds appropriated in this item shall not be expended for the development or dissemination of program advisories, including, but not limited to, program advisories on the subject areas of reading, writing, and mathematics, unless explicitly authorized by the State Board of Education.
	4.	Of the funds appropriated in this item, $206,000 shall be available as matching funds for the Department of Rehabilitation to provide coordinated services to disabled pupils.
	5.	Of the funds appropriated in this item, no less than $2,530,000 is available for support of childcare services, including state preschool.
	6.	By October 31 of each year, the State Department of Education (SDE) shall provide to the Department of Finance a file of all charter school average daily attendance (ADA) and state and local revenue associated with charter school general purpose entitlements as part of the P2 Local Control Funding Formula File. By March 1 of each year, the SDE shall provide to the Department of Finance a file of all charter school ADA and state and local revenue associated with charter school general purpose entitlements as part of the P1 Local Control Funding Formula File. It is the expectation that such reports will be provided annually.
	7.	On or before April 15 of each year, the State Department of Education (SDE) shall provide to the Department of Finance an electronic file that includes complete district- and county-level state appropriations limit information reported to the SDE. The SDE shall make every effort to ensure that all districts have submitted the necessary information requested on the relevant reporting forms.
	8.	The State Department of Education shall make information available to the Department of Finance, the Legislative Analyst’s Office, and the budget committees of each house of the Legislature by October 31, March 31, and May 31 of each year regarding the amount of Proposition 98 savings estimated to be available for reversion by June 30 of that year.
	9.	Reimbursement expenditures pursuant to this item resulting from the imposition by the State Department of Education (SDE) of a commercial copyright fee shall not be expended sooner than 30 days after the SDE submits to the Department of Finance a legal opinion affirming the authority to impose such fees and the arguments supporting that position against any objections or legal challenges to the fee filed with the SDE. Any funds received pursuant to imposition of a commercial copyright fee may only be expended as necessary for outside counsel contingent on a certification of the Superintendent of Public Instruction that sufficient expertise is not available within departmental legal staff. The SDE shall not expend greater than $300,000 for such purposes without first notifying the Department of Finance of the necessity therefor, and upon receiving approval in writing.
	10.	Of the funds appropriated in this item, up to $1,011,000 is for dispute resolution services, including mediation and fair hearing services, provided through contract for special education programs.
	11.	Of the reimbursement funds appropriated in this item, at least $612,000 is provided to the State Department of Education for the oversight of State Board of Education-authorized charter schools. The Department of Finance may administratively establish up to 2.0 positions for this purpose as workload materializes.
	12.	Of the funds appropriated in this item, at least $109,000 shall be for 1.0 position within the State Department of Education to support activities associated with the Clean Energy Job Creation Fund.
	13.	Of the amount appropriated in this item, at least $852,000 and 6.0 positions are provided to support the Local Control Funding Formula administration pursuant to Chapter 47 of the Statutes of 2013. These funds and positions shall be used by the State Department of Education to support the apportionment of, and fiscal oversight of, funding pursuant to the Local Control Funding Formula.
	14.	Of the funds appropriated in this item, at least $115,000 and 1.0 position shall be available for the State Department of Education to support activities associated with charter school appeals as required under subdivision (j) of Section 47605 of the Education Code.
	15.	Of the funds appropriated in this item, at least $1,140,000 and 8.0 positions are provided to support the implementation of the Local Control Funding Formula accountability system pursuant to Chapter 47 of the Statutes of 2013.
	16.	Of the funds appropriated in this item, at least $120,000 and 1.0 permanent position is provided to support implementation of the Local Control Funding Formula, such as providing unduplicated student counts, matching foster data received from the State Department of Social Services (SDSS), and meeting foster youth reporting requirements.
	17.	Of the funds appropriated in this item, $271,000 and 2.0 positions are provided to continue the development and maintenance of the state and federal accountability systems.
	18.	Of the funds appropriated in this item, $129,000 is provided to support 1.0 existing position for workload associated with school district reorganizations.
	19.	Of the funds appropriated in this item, $108,000 is provided to support 1.0 existing position to assist local educational agencies applying for a universal meal service program, pursuant to Chapter 724 of the Statutes of 2017.
	20.	Of the funds appropriated in this item, $128,000 is provided to support 1.0 existing position to complete additional education equity compliance reviews, pursuant to Chapter 493 of the Statutes of 2017.
	21.	Of the funds appropriated in Schedule (1), $252,000 shall be used to support the development and maintenance of a computer-based English Language Proficiency Assessment for California and a computer-based alternative English Language Proficiency Assessment for California for students with disabilities.
	22.	Of the funds appropriated in this item, $257,000 is provided to support 2.0 existing positions for the coordination of a centralized Uniform Complaint Procedures process and database to improve the administration and resolution of Uniform Complaint Procedures complaints and appeals received by SDE; to standardize Uniform Complaint Procedures policies, procedures, and templates departmentwide; and to provide a report by January 31 of each year with a summary of the number of days for completion of appeals by complaint type and program area, including the rationale for complaints that exceeded 60 days.
	23.	Of the funds appropriated in this item, $117,000 is to support activities associated with data collection and reporting required under the Districts of Choice program.
	24.	Of the funds appropriated in this item, $245,000 shall be available in the 2020–21 fiscal year, and $136,000 in the 2021–22 and 2022–23 fiscal years, to support subsidized county childcare pilot programs.
	25.	Of the funds appropriated in this item, $600,000 is provided to support 2.0 existing positions and workload related to school-based comprehensive sexual health education.
	26.	Of the funds appropriated in this item, $105,000 and 1.0 position are to support increases in emergency average daily attendance waiver requests.
	~~27.~~	Of the funds appropriated in this item, $53,000 is available for the State Department of Education to provide guidance to districts and county offices of education on effective school safety plans, pursuant to Chapter 80 of the Statutes of 2018.
	28.	Of the funds appropriated in this item, $452,000 is provided for 3.0 positions to support compliance workload within the State Department of Education’s Special Education Division.
	29.	Of the funds appropriated in this item, at least $275,000 and 2.0 positions are provided to support the Career Technical Education Incentive Grant Program and the K–12 component of the Strong Workforce Program. Availability of these funds is contingent upon the State Department of Education (SDE) fully supporting no fewer than 6.0 full-time regional program consultants in agricultural career technical education in the Agricultural Education Unit of the Career and College Transition Division using federal Perkins V Act funding. If the SDE is unable to support at least 6.0 full-time regional program consultants in agricultural career technical education with federal Perkins V Act funding, $142,000 and 1.0 position provided in this item to support the Career Technical Education Incentive Grant Program and the K–12 component of the Strong Workforce Program shall be redirected for that purpose. As a condition of receiving this funding, the SDE shall make information available to the Department of Finance, the Legislative Analyst’s Office, and the budget committees of each house of the Legislature by October 31 of each fiscal year regarding the split of the federal Perkins V Act funding between the SDE and the Chancellor’s Office of the California Community Colleges. This information shall include, but is not limited to, the maximum set-asides allowable for state administration and state leadership activities, the minimum amount required for local program distribution, as well as a breakdown of how the SDE is utilizing the funds in each category.
	30.	Of the funds appropriated in this item, $2,778,000 is available for 12.0 positions to support expanding workload related to new early education programs and policies within the State Department of Education’s Early Learning and Care Division and 1.0 position to support the Fiscal and Administrative Services Division.
	31.	Of the funds appropriated in this item, $142,000 is provided to support 1.0 position for the joint interagency resolution team and foster youth coordinated services pursuant to Chapter 815 of the Statutes of 2018.
	32.	Of the funds appropriated in this item, $284,000 and 2.0 positions are provided until June 30, 2021, to support the oversight and monitoring of State Board of Education authorized charter schools.
	33.	Of the funds appropriated in this item, $798,000 reimbursements is provided on a one-time basis to purchase information technology products and services for the State Special Schools.
	34.	Of the funds appropriated in this item, $77,000 is provided to support 0.5 existing position to update existing, and develop new, resources and strategies, and in-service teacher training to support lesbian, gay, bisexual, transgender, queer, and questioning students, pursuant to Chapter 775 of the Statutes of 2019.
	35.	Of the funds appropriated in this item, $77,000 is provided to support 1.0 position to provide appropriate language access in American Sign Language.
	36.	Of the funds appropriated in this item, $696,000 and 3.0 positions are available for the department to collect data to track the implementation of the changes for charter school petitions and renewals, pursuant to Chapter 486 of the Statutes of 2019.
	39.	Of the amount provided in this item, $192,000 reimbursements is provided on an ongoing basis to support the administration of the California High School Proficiency Examination.
	40.	2.0 positions are provided to establish a state education disaster team to support activities related to disaster planning, preparedness, and response for schools as part of California’s Disaster Preparedness, Response, and Recovery efforts.
	42.	Of the funds appropriated in this item, $1,000,000 and 7.0 positions are available for the Early Learning and Care Division for the support of childcare services.
	43.	Of the funds appropriated in this item, $422,000 and 3.0 positions are available in the 2020–21 fiscal year for support of childcare collective bargaining pursuant to the 2020–21 Education Omnibus Trailer Bill.
	44.	Of the amount appropriated in this item, $336,000 and 3.0 positions are available to support new ongoing workload for the School Fiscal Services Division related to deferrals and average daily attendance changes pursuant to the 2020 Education Omnibus trailer bill.
	45.	Of the amount appropriated in this item, $100,000 shall be available on a one-time basis for the State Department of Education to develop a template for the learning continuity and attendance plan, in consultation with the executive director of the State Board of Education, pursuant to the 2020 Education Omnibus trailer bill. The template shall be made available to local educational agencies no later than August 1, 2020. In developing the template, the Superintendent of Public Instruction shall not require local educational agencies to provide any information in addition to the information required pursuant to the 2020 Education Omnibus trailer bill.
	46.	Of the amount appropriated in this item, $1,900,000 is provided on a one-time basis for attorney fees associated with the Ella T. v. State of California settlement.
	47.	Of the amount appropriated in this item, $388,000 in reimbursements is provided on a one-time basis to support activities for the Preschool Development Grant.

SEC. 37.

Item 6100-001-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-001-0890—For support of State Department of Education, payable from the Federal Trust Fund ........................						~~207,941,000~~ 207,981,000
	Schedule:
	(1)	5205010-Curriculum Services ........................			~~141,874,000~~ 141,914,000
	(2)	5210066-Special Program Support ........................			66,067,000
	Provisions:
	1.	The funds appropriated in this item include federal Perkins V Act funds for the current fiscal year to be transferred to community colleges by means of interagency agreements. These funds shall be used by community colleges for the administration of career technical education programs.
	2.	Of the funds appropriated in this item, $96,000 is available to the Advisory Commission on Special Education for the in-state travel and operational expenses of the commissioners and the secretary to the commission.
	3.	Of the funds appropriated in this item, $318,000 shall be used to provide training in culturally nonbiased assessment and specialized language skills to special education teachers.
	4.	(a)	Of the funds appropriated in this item, at least $11,765,000 is from the federal Child Care and Development Fund and is available for support of childcare services. Of the federal funds in this item, at least $1,533,000 is for 13.0 positions to address compliance monitoring and overpayments, which may contribute to early detection of fraud. All federally subsidized childcare agencies shall be audited pursuant to federal regulations per Part 98 of Title 45 of the Code of Federal Regulations. The State Department of Education (SDE) shall provide information to the Legislature and Department of Finance each year that quantifies by program provider-by-provider level data, including instances and amounts of overpayments and fraud, as documented by the SDE’s compliance monitoring efforts for the prior fiscal year. Additionally, the SDE shall provide a copy of any federal reports submitted regarding improper payments and fraud to the Legislature and the Department of Finance.
		(b)	As a condition of receiving the resources specified in subdivision (a), every alternative payment agency and subsidized general childcare agency shall be audited each year using sufficient sampling of provider records of the following: (1) family fee determinations, (2) income eligibility, (3) rate limits, and (4) basis for hours of care, to determine compliance rates, any instances of misallocation of resources, and the amount of funds expected to be recovered from instances of both potential fraud and overpayment when no intent to defraud is suspected. This information shall be contained in a separate report for each provider, with a single statewide summary report annually submitted to the Governor and the Legislature no later than April 15.
	5.	Of the funds appropriated in this item, $16,834,000 is for dispute resolution services, including mediation and fair hearing services, provided through contract for the special education programs. The State Department of Education shall ensure the quarterly reports that the contractor submits on the results of its dispute resolution services reflect year-to-date data and final yearend data, includes the same information as required by Section 56504.4 of the Education Code, and includes the following information:
		(a)	The total number of cases won by each side.
		(b)	The number of issues decided in favor of each side in split decisions.
		(c)	The number of cases in which schools and parents were represented by attorneys.
		(d)	The number of requests for due process initiated by parents that were dismissed for insufficiency.
		(e)	The number of pupils of color who accessed the system.
		(f)	The number of non-English-speaking people who used the system.
		(g)	The length of each hearing.
		(h)	The number of hearing requests initiated by parents.
		(i)	The number of hearing requests initiated by school districts.
		(j)	The school district of each parent-initiated request for due process.
		(k)	The issues, within special education, that generated due process hearing requests during the quarter.
		(l)	The disabilities that generated due process hearing requests during the quarter.
		(m)	The age groups (preschool, primary, junior high, high school) that generated hearing requests.
		(n)	The number of requests received during the quarter.
		(o)	The number of hearing decisions that were appealed to a court during the quarter.
		(p)	The number of cases that were completely resolved in mediation by agreement.
		(q)	The number of cases that were completely resolved in a mandatory resolution session.
	6.	Of the funds appropriated in this item, $443,000 is for 3.0 positions within the State Department of Education for increased monitoring associated with educationally related mental health services, including out-of-home residential services for emotionally disturbed pupils, required by an individualized education program pursuant to the federal Individuals with Disabilities Education Improvement Act of 2004 (20 U.S.C. Sec. 1400 et seq.).
	7.	Of the funds appropriated in this item, at least $2,506,000 shall be available for the administration of 21st Century Community Learning Centers programs.
	8.	Of the funds appropriated in this item, $308,000 is available from federal Title II funds for an interagency agreement with the Commission on Teacher Credentialing to support teacher misassignment monitoring activities.
	9.	Of the funds appropriated in this item, up to $945,000 is available from federal Title II funds to support Title II-related priorities identified in the California State Plan adopted by the State Board of Education pursuant to the federal Elementary and Secondary Education Act as amended by the federal Every Student Succeeds Act (P.L. 114-95).
	10.	Of the funds appropriated in this item, $6,636,000 is for the California Longitudinal Pupil Achievement Data System (CALPADS), which is to meet the requirements of the federal Elementary and Secondary Education Act (ESEA) and Chapter 1002 of the Statutes of 2002. These funds are payable from the Federal Trust Fund to the State Department of Education (SDE). Of this amount, $5,641,000 is federal Title I, Part B funds and $995,000 is federal Title II funds. These funds are provided for the following purposes: $3,254,000 for systems housing and maintenance; $908,000 for costs associated with necessary system activities; $790,000 for SDE staff; and $710,000 for various other costs, including hardware and software costs, indirect charges, Department of General Services charges, and operating expenses and equipment. As a further condition of receiving these funds, the SDE shall not add additional data elements to CALPADS, require local educational agencies to use the data collected through the CALPADS for any purpose, or otherwise expand or enhance the system beyond the data elements and functionalities that are identified in the most current approved Feasibility Study and Special Project Reports and the CALPADS Data Guide v4.1. In addition, $974,000 is for SDE data management staff responsible for fulfilling certain federal requirements not directly associated with CALPADS.
	11.	Of the funds appropriated in this item, $800,000 of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) funds is available for the State Department of Education to provide oversight and technical assistance for local educational agencies as the responsibility for overseeing educationally related mental health services transitions from county mental health agencies to special education local plan areas and to develop resources and provide technical assistance to local educational agencies for implementation of the federally required State Systemic Improvement Plan.
	12.	Of the funds appropriated in this item, at least $501,000 federal Title I, Part C, Migrant Education funds and 3.0 positions are provided for oversight and coordination of the State Parent Advisory Council, identification of qualifying program participants, and collecting and linking student data.
	13.	Of the funds appropriated in this item, up to $639,000 in federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) funds shall be available to the State Department of Education for warehouse costs related to providing accessible instructional materials to local educational agencies.
	14.	Of the funds appropriated in this item, $1,470,000 shall be available to support local Early Head Start services under the Early Head Start—Child Care Partnership Grant, consistent with the plan approved by the Department of Finance. This funding is available on a limited-term basis until June 30, 2024.
	15.	Of the funds appropriated in this item, $625,000 is available for 5.0 existing positions to establish and support a litigation unit within the State Department of Education’s Special Education Division.
	16.	Of the amount provided in Schedule (1), $381,000 is available for 2.0 existing positions in the Improvement and Accountability Division to support the work of the State Department of Education, the California Collaborative for Educational Excellence, lead county offices of education, and stakeholders to inform the work of agencies within the statewide system of support pursuant to paragraph (2) of subdivision (a) of Section 52073 of the Education Code.
	17.	Of the funds appropriated in this item, $138,000 in federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) funds is provided for 1.0 position to fulfill reporting requirements on the use of behavioral restraints and seclusion, pursuant to Chapter 998 of the Statutes of 2018.
	18.	Of the funds appropriated in this item, $150,000 in federal Title II funds and 1.0 position is available for the State Department of Education to administer the 21st Century California School Leadership Academy, in consultation with the State Board of Education and in collaboration with the California Collaborative on Education Excellence.
	19.	Of the funds appropriated in this item, $1,032,000, of which $420,000 is one-time carryover, is available to support training, technical assistance, and oversight of selected local educational agencies receiving the Project Advancing Wellness and Resilience in Education Grants. This funding is available on a limited-term basis until June 30, 2024.
	20.	Of the amount appropriated in this item, $460,000 in carryover is available in the 2020–21 fiscal year to provide state-level support on school safety and violence prevention.
	21.	Of the funds appropriated in this item, ~~$1,610,000~~ $1,650,000 shall be reserved for the professional development of private school teachers and administrators as required by Title II of the federal Every Student Succeeds Act (20 U.S.C. Sec. 6601 et seq.). This amount reflects the availability of $1,180,000 ongoing federal Title II funds and $430,000 ongoing federal Title IV funds.
	22.	Of the funds appropriated in this item, $207,000 and 1.5 positions are available for homeless student coordinators.
	23.	Of the funds appropriated in Schedule (1), $350,000 federal Individuals with Disabilities Act funds shall be allocated to a county office of education selected by the executive director of the State Board of Education for the purpose of convening a workgroup that will design a state standardized individualized education program template, and to develop and design an addendum to the state standardized template to address special education service delivery in a distance learning environment, including developing best practices for distance learning for students with exceptional needs.
		(a)	The workgroup shall include, but not be limited to, representatives of the State Department of Education, the Department of Rehabilitation, the State Department of Developmental Services, local educational agencies, special education local plan areas, legislative staff, and relevant state and national policy experts, The workgroup shall do all of the following:
			(1)	Examine and make recommendations regarding the following matters: ensuring the individualized education program development and periodic review processes are designed to improve student outcomes by capturing student strengths and needs, and informing learning strategies that support instruction aligned to state standards.
			(2)	Design a state standardized individualized education program template that provides information about student strengths, needs, and learning strategies.
			(3)	Support transition planning with early learning and postsecondary options.
			(4)	Assess the feasibility of a web-based statewide individualized education program system to house a statewide template.
			(5)	Design a state standardized addendum to the individualized education program that addresses distance learning modifications and adaptations to the IEP necessitated by a state or local emergency, including best practices recommendations.
		(b)	To the extent practicable, the workgroup shall leverage findings from the Interagency Cooperation workgroup to strengthen Part C to Part B transitions, established pursuant to Section 56477 of the Education Code.
		(c)	On or before October 1, 2021, the selected local educational agency shall provide a report prepared with the non-governmental organization, which includes recommendations of the areas identified in subdivision (a), to the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the State Board of Education or their designee, the Superintendent of Public Instruction, and the Director of Finance.
		(d)	The amount appropriated for purposes of this provision shall be available for encumbrance or expenditure until June 30, 2022.
	24.	Of the funds appropriated in Schedule (1), $500,000 federal Individuals with Disabilities Education Act funds shall be available for the Superintendent of Public Instruction to, in consultation with and subject to the approval of the executive director of the State Board of Education, commission a study with a California postsecondary educational institution or a non-governmental research institution that examines special education governance and accountability in the manner and for the purposes set forth in this provision.
		(a)	The study shall include, but not be limited to, an examination of the state’s current governance and accountability structures for students with exceptional needs, ages 3 to 21, inclusive, and recommendations regarding improvements in the following areas:
			(1)	Delivering special education services and supports in the least restrictive environment.
			(2)	Improving student outcomes, including those measured by state and federal accountability systems.
			(3)	Ensuring an equitable distribution of special education supports and services to local educational agencies.
			(4)	Ensuring transparency in decision-making and distribution of state special education funding.
			(5)	Ensuring parent family and community input in local decision-making.
			(6)	Ensuring that small local educational agencies have access to fiscal and administrative resources necessary to serve pupils with exceptional needs.
			(7)	Aligning state and federal accountability, compliance, and support systems as related to pupils with disabilities.
			(8)	Identifying strategies and challenges for funding and supports in the current model and any recommended models.
		(b)	On or before October 1, 2021, the Superintendent of Public Instruction shall provide the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the State Board of Education or their designee, and the Director of Finance with a report that details the results of the study in the areas specified in subdivision (a).
		(c)	The postsecondary educational institution or non-governmental research institution shall convene an advisory group composed, at a minimum, of a representative of the department, the state board, the Department of Finance, the Legislative Analyst’s Office, legislative staff of each house of the Legislature and, a local educational agency, a charter school, a county office of education, a special education local plan area, a community advisory committee, a family empowerment center, a representative of a postsecondary institution or research organization who has expertise in special education governance or accountability, a non-governmental organization that advocates for pupils with exceptional needs, an education specialist, and a parent of a pupil with exceptional needs.
		(d)	The amount appropriated for purposes of this provision shall be available for encumbrance or expenditure until June 30, 2022.
	25.	Of the funds appropriated in Schedule (1), $250,000 federal Individuals with Disabilities Act funds shall be allocated to a county office of education selected by the executive director of the State Board of Education for the purpose of convening a workgroup that will examine and propose alternative pathways to a high school diploma for students with disabilities.
		(a)	The workgroup shall include, but not be limited to, representatives of the State Department of Education, the Department of Rehabilitation, the State Department of Developmental Services, local educational agencies, special education local plan areas, legislative staff, and relevant state and national policy experts. The workgroup shall examine and develop recommendations regarding the following matters:
			(1)	Studying existing and developing new alternate pathways for students with disabilities to access the core curriculum in order to satisfy the requirements for a high school diploma.
			(2)	Developing an alternate diploma aligned to the state’s alternate achievement standards for students with significant cognitive disabilities, consistent with federal law.
			(3)	Other related matters necessary to meet the purpose set forth in this provision.
		(b)	On or before October 1, 2021, the local educational agency shall provide the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the State Board of Education or their designee, the Superintendent of Public Instruction, and the Director of Finance a report prepared with the non-governmental organization of recommendations in the areas identified in subdivision (a).
		(c)	The amount appropriated for purposes of this provision shall be available for encumbrance or expenditure until June 30, 2022.
	27.	Of the funds appropriated in this item, $387,000 carryover is available on a one-time basis for the administration of the Immediate Aid to Restart School Operations Grant program and to support long-term recovery efforts of local educational agencies affected by the Camp Fire in the Counties of Butte and Shasta in 2018.
	28.	Of the funds appropriated in this item, $1,612,000 one-time federal carryover is available for the professional development of private school teachers and administrators as required by Title II of the federal Every Student Succeeds Act (20 U.S.C. Sec 6601 et seq.). This amount reflects the availability of $1,181,000 one-time federal Title II funds and $431,000 one-time federal Title IV funds.
	29.	Of the funds appropriated in this item, $442,000 federal Title IV funds is available to support administration and compliance monitoring of the federal Title IV grant activities and review of local control accountability plan federal addenda.
	30.	Of the funds appropriated in this item, $250,000 one-time federal Title III carryover is available to develop a standardized English learner reclassification teacher observation protocol pursuant to Section 313.3 of the Education Code.
	31.	Of the funds appropriated in this item, $340,000 and 1.0 position are available for the administration of the Comprehensive Literacy State Development Grant.
	32.	Of the funds appropriated in Schedule (1), $15,000,000 shall be allocated by the Superintendent of Public Instruction to the California Student Aid Commission to support grants to special education teachers through the Golden State Teacher Grant Program.
	33.	Of the funds appropriated in this item, $88,000 one-time federal Disaster Relief Act funds is available to support grant activities for the federal Supplemental Appropriations for Disaster Relief Act of 2019.

SEC. 38.

Item 6100-112-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-112-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund ........................				~~25,950,000~~ 28,374,000
	Schedule:
	(1)	5205110-Public Charter Schools ........................	~~25,950,000~~ 28,374,000
	Provisions:
	1.	Of the funds appropriated in this item, $5,789,000 is provided in one-time federal carryover funds to support the existing program.

SEC. 39.

Item 6100-113-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-113-0890—For local assistance, State Department of Education-Title I, Part B, State Assessment Grant, payable from the Federal Trust Fund ........................				~~20,154,000~~ 20,073,000
	Schedule:
	(1)	5205200-Assessment Review and Reporting ........................	848,000
	(2)	5205204-English Language Development Assessment ........................	~~12,464,000~~ 12,383,000
	(3)	5205208-California Student Assessment System ........................	6,842,000
	Provisions:
	1.	The funds appropriated in Schedule (3) are provided for contract costs for the implementation of the statewide pupil assessment system established pursuant to Chapter 489 of the Statutes of 2013, as approved by the State Board of Education, and are contingent upon the Department of Finance’s review of the related contract during contract negotiations and prior to its execution.
	2.	The funds appropriated in Schedule (2) shall be available for approved contract costs for the development of, transition to, and administration of the English Language Proficiency Assessments for California, which include initial identification and annual assessments aligned to the state English language development standards in accordance with Chapter 478 of the Statutes of 2013, and are contingent upon the submittal of the related contract by the State Department of Education and the Department of Finance. Ongoing funding for the English Language Proficiency Assessments for California shall be contingent upon an appropriation in the annual Budget Act.
	3.	Funds appropriated in Schedule (1) are for providing local educational agencies information regarding federal requirements associated with assessments.
	4.	Funds provided to local educational agencies from Schedules (2) and (3) shall first be used to offset any state-mandated reimbursable costs, within the meaning of subdivision (e) of Section 17556 of the Government Code, that otherwise may be claimed through the state mandates reimbursement process for the statewide pupil assessment system established pursuant to Chapter 489 of the Statutes of 2013, the California English Language Development Test, the English Language Proficiency Assessments for California, and the California Alternate Performance Assessment. Local educational agencies receiving funding from these schedules shall reduce their estimated and actual mandate reimbursement claims by the amount of funding provided to them from these schedules.
	5.	Federal funds provided in this item for statewide testing purposes shall be fully expended before General Fund resources provided in Item 6100-113-0001 are expended for the same purposes.
	6.	The Department of Finance, State Department of Education, Legislative Analyst’s Office and legislative staff, and the vendor or vendors of the state’s California Assessment of Student Performance and Progress contract shall meet on an annual basis every October and April to review detailed fiscal information regarding the current components and costs of the contract. The group also shall explore ways to make annual improvements to the state’s assessment system or to achieve related savings.

SEC. 40.

Item 6100-125-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-125-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund ........................				~~261,939,000~~ 271,202,000
	Schedule:
	(1)	5200111-Title I, Elementary and Secondary Education Act, Migrant Education ........................	~~108,294,000~~ 114,946,000
	(2)	5205015-ESEA Title I, Migrant Education State Level Activities ........................	~~9,244,000~~ 12,744,000
	(3)	5205019-Title III, Language Acquisition ........................	~~144,401,000~~ 143,512,000
	Provisions:
	1.	Of the funds appropriated in Schedule (2), the State Department of Education (SDE) shall use no less than $6,500,000 and up to $8,000,000 for the Mini-Corps Program. The SDE shall report to the Department of Finance by October 31, 2021, the number of migrant students served by the Mini-Corps Program during the previous fiscal year and the number of tutors who participated in the Mini-Corps Program during the previous fiscal year. The SDE shall also report to the Department of Finance by October 31, 2022, the number of tutors from the 2020–21 cohort who subsequently enrolled in an educator preparation program. The SDE shall also report to the Department of Finance by October 31, 2023, the number of tutors from the 2020–21 cohort who subsequently earned a preliminary teaching credential.
	2.	Of the funds appropriated in Schedule (3), $2,000,000 shall be allocated to 11 regional county offices of education to provide technical assistance to local educational agencies on federal requirements related to English learners, and recommendations for best practices, instructional strategies, and improvement in English language proficiency and state academic standards. These regional county offices of education shall provide support to English learners in a manner consistent with the statewide system of support pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code. The SDE shall ensure that the 11 regional county offices of education designate one of the regional county offices of education to participate in the formal process required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 52073 of the Education Code. The designated regional county office of education and the SDE shall be responsible for communicating through that formal process on the activities and outcomes for the 11 regional county offices of education and for sharing information provided by the other entities participating in that process with the 11 regional county offices of education.
	3.	Of the funds appropriated in Schedule (1), $12,000,000 is one-time carryover funds to support the existing program.
	4.	Of the funds appropriated in Schedule (2), $3,000,000 is one-time carryover funds to support the existing program.
	5.	Of the funds appropriated in Schedule (3), $2,000,000 is one-time carryover funds to support the existing program.

SEC. 41.

Item 6100-134-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-134-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund ........................				~~2,098,707,000~~ 2,099,606,000
	Schedule:
	(1)	5200103-Statewide System of School Support ........................	10,000,000
	(2)	5200135-Title I, Elementary and Secondary Education Act ........................	~~1,953,373,000~~ 1,945,492,000
	(3)	5200120-Title IV, Student Support and Academic Enrichment ........................	~~135,334,000~~ 144,114,000
	Provisions:
	1.	In administering the accountability system required by this item, the State Department of Education shall align the forms, processes, and procedures required of local educational agencies so that duplication of effort is minimized at the local level.
	2.	The State Department of Education shall provide to the Legislature, the Legislative Analyst’s Office, and the Department of Finance a letter by April 15, of each year, reporting expenditures and anticipated savings for each schedule, based on available information.
	3.	The funds appropriated in this item shall be considered offsetting revenues within the meaning of subdivision (e) of Section 17556 of the Government Code for any reimbursable mandated cost claim for activities that result from implementation of the California State Plan for the federal Every Student Succeeds Act (P.L. 114-95). Local educational agencies accepting funding from this item shall reduce any estimated and actual mandate reimbursement claims by the amount of funding provided to them from this item.
	4.	The State Department of Education shall submit an expenditure plan prior to the expenditure of funds to the Department of Finance and the Joint Legislative Budget Committee that includes the use of federal funds pursuant to the California State Plan for the federal Every Student Succeeds Act (P.L. 114-95).
	5.	As a condition of receipt of funds appropriated in this item, the local educational agency’s plan for use of federal funds required pursuant to Section 1112 of Part A of Title I of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6312) shall be approved by the State Board of Education. Approval of such plans shall be contingent on the local educational agency’s demonstration that its planned use of the federal funds will supplement and enhance local priorities or initiatives funded with state funds, as reflected in the local educational agency’s local control and accountability plan.
	6.	Of the funds appropriated in Schedule (2), no less than ~~$127,082,000~~ $129,415,000 is available for purposes of providing grants to local educational agencies with schools identified as requiring support, consistent with the California State Plan for the federal Every Student Succeeds Act (P.L. 114-95). The department shall develop and administer a process for providing grants from these funds on a formula basis to local educational agencies with schools identified as requiring support. Local educational agencies shall use the funds for the development of strategies to improve pupil performance at schools identified as requiring support that are aligned to goals, actions, and services identified in the local educational agency’s local control and accountability plan. Such funds shall not be expended to hire additional permanent staff.
	7.	The funds appropriated in Schedule (1) shall be allocated to county offices of education for the purposes of supporting the statewide system of technical assistance and support for local educational agencies established in the California State Plan for the federal Every Student Succeeds Act (P.L. 114-95). The State Department of Education shall develop, in consultation with the Executive Director of the State Board of Education and with the approval of the Department of Finance, the method of allocation for these funds, which shall be based on a formula that considers the number of schools within a county that are identified for additional support consistent with the California State Plan for the federal Every Student Succeeds Act (P.L. 114-95).
	8.	The funds appropriated in Schedule (3) are available on a one-time basis, and shall be used in accordance with Title IV, Part A of the federal Every Student Succeeds Act (P.L. 114-95).
	9.	The funds appropriated in Schedule (3) shall be allocated to local educational agencies pursuant to Section 4105 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7115), as reauthorized by the federal Every Student Succeeds Act of 2015 (P.L. 114-95).
	10.	For purposes of performing the calculation to ensure that no less than 95 percent of the state’s reserve is being allocated as grants to local educational agencies, pursuant to Section 1003 of the federal Every Student Succeeds Act (P.L. 114-95), the amount appropriated in Schedule (1) and the amount specified in Provision 6 shall be added together.
	11.	Of the funds appropriated in Schedule (2), $88,200,000 is provided in one-time federal Title I carryover funds to support the existing program.
	12.	Of the funds appropriated in Schedule (3), $800,000 is provided in one-time federal Title IV carryover funds to support the existing program.

SEC. 42.

Item 6100-136-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-136-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund ........................				~~10,674,000~~ 11,984,000
	Schedule:
	(1)	5200139-McKinney-Vento Homeless Children Education ........................	~~10,674,000~~ 11,984,000
	Provisions:
	1.	Of the funds appropriated in this item, $599,000 is one-time carryover funds to support the existing program.

SEC. 43.

Item 6100-137-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-137-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund ........................				~~3,763,000~~ 5,829,000
	Schedule:
	(1)	5205023-Rural and Low-Income Schools Grant ........................	~~3,763,000~~ 5,829,000
	Provisions:
	1.	Of the funds appropriated in this item, $1,138,000 is one-time carryover funds to support the existing program.

SEC. 44.

Item 6100-156-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-156-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund ........................					~~98,430,000~~ 107,385,000
	Schedule:
	(1)	5200162-Adult Education ........................		~~98,430,000~~ 107,385,000
	Provisions:
	1.	The State Department of Education shall reimburse claims on a quarterly basis from qualifying community-based organizations that provide adult basic education under this item.
	2.	(a)	Notwithstanding any other provision of law, all nonlocal educational agencies (non-LEA) receiving greater than $500,000 pursuant to this item shall submit an annual organizational audit, as specified, to the State Department of Education, Office of External Audits.
			All audits shall be performed by one of the following: (1) a certified public accountant possessing a valid license to practice within California, (2) a member of the department’s staff of auditors, or (3) in-house auditors, if the entity receiving funds pursuant to this item is a public agency, and if the public agency has internal staff that performs auditing functions and meets the tests of independence found in Government Auditing Standards issued by the Comptroller General of the United States.
			The audit shall be in accordance with State Department of Education audit guidelines and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200).
			Non-LEA entities receiving funds pursuant to this item shall submit the annual audit no later than six months from the end of the agency fiscal year. If, for any reason, the contract is terminated during the contract period, the audit shall cover the period from the beginning of the contract through the date of termination.
			Non-LEA entities receiving funds pursuant to this item shall be held liable for all department costs incurred in obtaining an independent audit if the contractor fails to produce or submit an acceptable audit.
	3.	The State Department of Education shall continue to ensure that outcome measures for State Department of State Hospitals and State Department of Developmental Services clients are set at a level where these clients will continue to be eligible for adult education services in the current fiscal year and beyond to the full extent authorized under federal law. The State Department of Education shall also consult with the State Department of State Hospitals, State Department of Developmental Services, and Department of Finance for this purpose.
	4.	The State Department of Education Request for Application (RFA) for these funds shall include the incorporation of core federal performance metrics, including placement in postsecondary education, transition into employment, and retention of employment included in the performance targets of participating agencies. The RFA shall also request information regarding the extent to which applicants are coordinating services as part of consortia established pursuant to Article 3 (commencing with Section 84830) of Chapter 5 of Part 50 of Division 7 of Title 3 of the Education Code and indicate that priority will be given to applicants that provide evidence of meaningful coordination. The Workforce Innovation and Opportunity Act (WIOA) California State Plan and the department’s adult education planning document, “Linking Adults to Opportunity,” shall serve as source documents of the RFA.
	5.	Of the funds appropriated in Schedule (1), $7,600,000 is provided in one-time carryover funds to support the existing program.

SEC. 45.

Item 6100-161-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-161-0001—For local assistance, State Department of Education (Proposition 98), Special Education Programs for Exceptional Children ........................					3,943,566,000
	Schedule:
	(1)	5200201-Special Education Program for Individuals with Exceptional Needs ........................		3,864,089,000
	(2)	5200206-Special Education Early Intervention Grant ........................		0
	(3)	5200217-Early Education Program for Individuals with Exceptional Needs ........................		93,722,000
	(4)	Reimbursements to 5200217-Early Education Program for Individuals with Exceptional Needs ........................		−14,245,000
	Provisions:
	1.	Funds appropriated in this item are for transfer by the Controller in lieu of the amount that otherwise would be appropriated for transfer from the General Fund in the State Treasury for the 2020–21 fiscal year pursuant to Sections 14002 and 41301 of the Education Code, for apportionment pursuant to Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education Code, superseding all prior law.
	2.	Of the funds appropriated in Schedule (1), up to $118,433,000 shall be available to provide special education and related services to pupils with low-incidence disabilities pursuant to their individualized education program. The Superintendent of Public Instruction shall allocate these funds to special education local plan areas (SELPAs) on an equal per-pupil rate using the methodology specified in Section 56836.22 of the Education Code.
	3.	Of the funds appropriated in Schedule (1), up to $39,738,000 shall be available for the purposes of vocational training and job placement for special education pupils through Project Workability I pursuant to Article 3 (commencing with Section 56470) of Chapter 4.5 of Part 30 of Division 4 of Title 2 of the Education Code. As a condition of receiving these funds, each local educational agency shall certify that the amount of nonfederal resources, exclusive of funds received pursuant to this provision, devoted to the provision of vocational education for special education pupils shall be maintained at or above the level provided in the 1984–85 fiscal year. The Superintendent of Public Instruction may waive this requirement for local educational agencies that demonstrate that the requirement would impose a severe hardship.
	4.	Of the funds appropriated in Schedule (1), up to $141,758,000 is available to fund the costs of children placed in licensed children’s institutions who attend nonpublic schools based on the funding formula authorized in Chapter 914 of the Statutes of 2004.
	5.	Funds available for infant units shall be allocated with the following average number of pupils per unit:
		(a)	For special classes and centers—16.
		(b)	For resource specialist programs—24.
		(c)	For designated instructional services—16.
	6.	Notwithstanding any other ~~provision of~~ law, early education programs for infants and toddlers shall be offered for 200 days. Funds appropriated in Schedule (3) shall be allocated by the State Department of Education for the 2020–21 fiscal year to those programs receiving allocations for instructional units pursuant to Section 56432 of the Education Code for the Early Education Program for Individuals with Exceptional Needs operated pursuant to Chapter 4.4 (commencing with Section 56425) of Part 30 of Division 4 of Title 2 of the Education Code, based on computing 200-day entitlements.
	7.	Notwithstanding any other ~~provision of~~ law, state funds appropriated in Schedule (3) in excess of the amount necessary to fund the deficited entitlements pursuant to Section 56432 of the Education Code shall be available for allocation by the State Department of Education to local educational agencies for the operation of programs serving solely low-incidence infants and toddlers pursuant to Title 14 (commencing with Section 95000) of the Government Code. These funds shall be allocated to each local educational agency for each solely low-incidence child through two years of age in excess of the number of solely low-incidence children through two years of age served by the local educational agency during the 1992–93 fiscal year and reported on the April 1993 pupil count. These funds shall only be allocated if the amount of reimbursement received from the State Department of Developmental Services is insufficient to fully fund the costs of operating the Early Intervention Program, as authorized by Title 14 (commencing with Section 95000) of the Government Code.
	8.	Funds appropriated in this item, unless otherwise specified, are available for the sole purpose of funding 2020–21 fiscal year special education program costs and shall not be used to fund any prior year adjustments, claims, or costs.
	9.	Of the amount provided in Schedule (1), up to $206,000 shall be available to fully fund the declining enrollment of necessary small special education local plan areas pursuant to Chapter 551 of the Statutes of 2001.
	10.	Pursuant to Section 56427 of the Education Code, of the funds appropriated in Schedule (1), up to $2,324,000 may be used to provide funding for infant programs, and may be used for those programs that do not qualify for funding pursuant to Section 56432 of the Education Code.
	11.	Of the funds appropriated in Schedule (1), up to $1,317,000 shall be used for a personnel development program. This program shall include state-sponsored staff development for special education personnel to have the necessary content knowledge and skills to serve children with disabilities. This funding may include training and services targeting special education teachers and related service personnel that teach core academic or multiple subjects to meet the applicable special education requirements of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
	12.	Of the amount appropriated in this item, up to $1,480,000 is available for the state’s share of costs in the settlement of Emma C. v. Delaine Eastin, et al. (N.D. Cal. No. C96-4179TEH). The State Department of Education shall report by January 1 of each year to the fiscal committees of both houses of the Legislature, the Department of Finance, and the Legislative Analyst’s Office on the planned use of the additional special education funds provided to the Ravenswood Elementary School District pursuant to this settlement. The report shall also provide the State Department of Education’s best estimate of when this supplemental funding will no longer be required by the court. The State Department of Education shall comply with the requirements of Section 948 of the Government Code in any further request for funds to satisfy this settlement.
	13.	Notwithstanding any other ~~provision of~~ law, state funds appropriated in Schedule (1) in excess of the amount necessary to fund the defined entitlement shall be to fulfill other shortages in entitlements budgeted in this schedule by the State Department of Education, upon Department of Finance approval, to any program funded under Schedule (1).
	14.	Of the amount specified in Schedule (1), $380,907,000 shall be available only to provide mental health related ~~services,~~ services to students with or without an Individualized Education Program, including out-of-home residential services for emotionally disturbed pupils, pursuant to pending legislation. The Superintendent of Public Instruction shall allocate these funds to special education local plan areas in the 2020–21 fiscal year based upon an equal rate per pupil using the methodology specified in Section 56836.07 of the Education Code.
	15.	The funds appropriated in this item reflect an adjustment to the base funding of −1.258 percent for the annual adjustment in statewide average daily attendance.
	16.	Of the funds appropriated in Schedule (1), up to $6,000,000 is available for extraordinary costs associated with single placements. Special education local plan areas are eligible to submit claims for costs exceeding the threshold calculated pursuant to subdivision (b) of Section 56836.21 of the Education Code, on forms developed by the State Department of Education pursuant to subdivision (c) of Section 56836.21 of the Education Code.
		(a)	Up to $3,000,000 shall first be allocated in reimbursements for extraordinary costs associated with educationally related mental health services, including out-of-home residential services for necessary small special education local plan areas, as defined in Section 56212 of the Education Code.
		(b)	Any funds not used for extraordinary costs pursuant to subdivision (a) shall be available for extraordinary costs associated with placements in nonpublic, nonsectarian schools, pursuant to Section 56836.21 of the Education Code. These funds shall also provide reimbursement for costs associated with pupils residing in licensed children’s institutions.
	17.	The funds appropriated in Schedule (1) shall first be considered offsetting revenues within the meaning of subdivision (e) of Section 17556 of the Government Code for any reimbursable mandated cost claim for behavioral intervention plans (CSM 4465), inclusive of activities performed pursuant to Sections 56521.1 and 56521.2 of the Education Code.
	18.	Of the funds provided for in Schedule (1), $0 is to reflect a cost-of-living adjustment.
	19.	Of the funds provided for in Schedule (3), $0 is to reflect a cost-of-living adjustment.
	20.	Of the funds provided in Schedule (1), $10,000,000 shall be allocated by the Superintendent of Public Instruction to special education local plan areas selected pursuant to Section 52073.2 of the Education Code to provide technical assistance to local educational agencies as defined in Section 52071.
	22.	Of the funds provided in Schedule (1), the Superintendent of Public Instruction shall apportion the amount determined pursuant to Section 56836.24 of the Education Code for regionalized operations and services and the direct instructional support of program specialists to special education local plan areas that perform all functions pursuant to Section 56836.23 of the Education Code in accordance with the description set forth in its local plan adopted pursuant to Section 56205 of the Education Code.
	23.	Of the amount specified in Schedule (1), up to $3,062,000 shall be available for small special education local plan areas to conduct regionalized services, pursuant to Section 56836.31 of the Education Code.

SEC. 46.

Item 6100-166-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-166-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund ........................				~~120,862,000~~ 139,358,000
	Schedule:
	(1)	5200223-Vocational Education ........................	~~120,862,000~~ 139,358,000
	Provisions:
	1.	The funds appropriated in this item include federal Perkins V Act funds for the current fiscal year to be transferred to the community colleges by means of interagency agreements for the purpose of funding career technical education programs in community colleges.
	2.	The State Board of Education and the Board of Governors of the California Community Colleges shall target funds appropriated by this item to provide services to persons participating in welfare-to-work activities under the CalWORKs program.
	3.	The State Department of Education shall use its share of funds appropriated by this item to support no fewer than 6.0 full-time regional program consultants in agricultural career technical education within the State Department of Education, pursuant to Section 52452 of the Education Code. If the State Department of Education determines it is unable to support at least 6.0 full-time regional program consultants in agricultural career technical education with its share of federal Perkins V Act funding, the State Department of Education shall redirect $142,000 and 1.0 position provided in Provision 32 of Item 6100-001-0001 for this purpose.
	4.	Of the funds appropriated in this item, $17,000,000 is provided in one-time federal carryover funds to support the existing program.

SEC. 47.

Item 6100-194-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-194-0001—For local assistance, State Department of Education, for allocation by the Superintendent of Public Instruction to school districts, county offices of education, and other agencies for childcare and development programs included in this item, in lieu of the amount that otherwise would be appropriated pursuant to any other statute ........................						~~1,798,708,000~~ 1,787,708,000
	Schedule:
	(1)	5210026-General Child Development ........................			337,658,000
	(2)	5210027-State Preschool Non-Local Educational Agencies ........................			~~486,172,000~~ 487,642,000
	(3)	5210028-Migrant Day Care ........................			39,446,000
	(4)	5210030-Alternative Payment ........................			170,131,000
	(5)	5210032-Resource and Referral ........................			20,333,000
	(6)	5210034-CalWORKs Stage 2 ........................			462,083,000
	(7)	5210036-CalWORKs Stage 3 ........................			~~274,823,000~~ 272,353,000
	(8)	5210038-Accounts Payable ........................			4,000,000
	(9)	5210040-Child Care for Children with Severe Disabilities ........................			2,084,000
	(10)	5210042-California Child Care Initiative ........................			225,000
	(11)	5210044-Quality Improvement ........................			1,461,000
	(12)	5210046-Local Planning Councils ........................			292,000
	Provisions:
	1.	Funds in Schedules (5), (10), (11), and (12) shall be allocated to meet federal requirements to improve the quality of childcare and shall be used in accordance with the approved California State Plan for the federal Child Care and Development Fund that is developed pursuant to the requirements under Section 8206.1 of the Education Code.
	2.	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) shall not be expended in any way that would cause their disqualification as a federally allowable maintenance-of-effort expenditure.
	3.	Notwithstanding any other provision of law, funds in Schedule (8) are available for accounts payable for alternative payment programs for actual and allowable costs incurred for additional services, pursuant to Section 8222.1 of the Education Code. The State Department of Education shall give priority for the allocation of these funds for accounts payable.
	5.	(a)	The maximum standard reimbursement rate shall not exceed $49.54 per day for general childcare programs. Furthermore, the migrant childcare program shall adhere to the maximum standard reimbursement rates as prescribed for the general childcare programs. All other rates and adjustment factors shall conform.
		(b)	Notwithstanding any other law, the maximum standard reimbursement rate shall not exceed $30.87 per day for part-day California state preschool programs. The maximum standard reimbursement rate shall not exceed $49.85 for full-day California state preschool programs.
	6.	(a)	Alternative payment childcare programs shall be subject to the rate ceilings established in the Regional Market Rate Survey of California childcare 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, the California Community Colleges, and the State Department of Social Services in various programs under the jurisdiction of these departments.
		(b)	Notwithstanding any other ~~provision of~~ law, the funds appropriated in this item for the cost of licensed childcare 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 childcare costs up to the greater of either:
			(1)	The 75th percentile of rates based on the 2016 Regional Market Rate Survey.
			(2)	The regional market rate ceiling for that region as it existed on December 31, 2017.
		(c)	The funds appropriated in this item for the cost of license-exempt childcare 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 license-exempt childcare costs up to 70 percent of the regional reimbursement rate limits established for family childcare homes.
		(d)	The State Department of Education shall distribute funds for increases to the Regional Market Rate based on estimates of how contractors’ reimbursements will increase due to the rate change.
	7.	(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. SDE shall share monthly caseload analyses with the State Department of Social Services (DSS).
		(b)	SDE shall provide quarterly information regarding the sufficiency of funding for Stage 2 and Stage 3 to DSS. 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 DSS at least on a quarterly basis for comparisons with Stage 1 trends.
		(c)	By September 30 and March 30 of each year, SDE shall ensure that detailed caseload and expenditure data, through the most recent period for Stage 2 and Stage 3 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 childcare 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 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. DSS shall share its assumptions and methodology with SDE in the preparation of the Governor’s Budget.
		(d)	SDE shall coordinate with DSS to identify annual general subsidized childcare program expenditures for Temporary Assistance for Needy Families-eligible children. SDE shall modify existing reporting forms as necessary to capture this data.
		(e)	SDE shall provide to 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 childcare budgeting needs.
		(f)	(1)	On or before January 30 of each year, following consultation with DSS, SDE shall determine the adequacy of funding appropriated by the Legislature for CalWORKs Stage 2 and Stage 3.
			(2)	If SDE determines that the Stage 2 appropriation exceeds the current year caseload needs and the Stage 3 appropriation is not sufficient to fully fund its caseload need, then SDE shall submit a request to the Department of Finance to transfer the excess funds from Schedule (6), CalWORKs Stage 2 childcare to Schedule (7), CalWORKs Stage 3 childcare. Notwithstanding Section 26.00 or any other provision of law, the Department of Finance may, at its discretion, approve such a transfer.
			(3)	If SDE determines that the Stage 3 appropriation exceeds the current year caseload needs and the Stage 2 appropriation is not sufficient to fully fund its caseload need, SDE shall submit a request to the Department of Finance to transfer the excess funds from Schedule (7), CalWORKs Stage 3 childcare to Schedule (6), CalWORKs Stage 2 childcare. Notwithstanding Section 26.00 or any other ~~provision of~~ law, the Department of Finance may, at its discretion, approve such a transfer.
		(g)	Notwithstanding any other ~~provision of~~ law or any other sections of this act, the Department of Finance may augment the appropriation for CalWORKs Stage 3 if the estimate of expenditures, as determined by SDE, following consultation with DSS, will exceed the expenditures authorized in Schedule (7). The Department of Finance shall report any augmentation pursuant to this paragraph to the Joint Legislative Budget Committee. At the time the report is made, the amount of the appropriation made in Schedule (7) shall be increased by the amount of the augmentation.
		(h)	The Director of Finance may, pursuant to subdivisions (f) and (g), authorize the augmentation of the amount available for expenditure in Schedule (7) by making a transfer from Schedule (6). An augmentation may be authorized not sooner than 30 days after notification in writing of the necessity to exceed the limitations is provided to the Joint Legislative Budget Committee, or whatever lesser time the chairperson of the joint committee may determine. Any request made by SDE to augment the CalWORKs Stage 3 appropriation shall be approved only in order to cover increases in costs that are consistent with assumptions of this act. This provision shall not be construed to treat Stage 3 as an entitlement.
	8.	Notwithstanding any other ~~provision of~~ law, the funds in Schedule (7) are reserved exclusively for continuing childcare 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 Stage 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 childcare 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 childcare services.
	9.	Notwithstanding any other ~~provision of~~ law, each local planning council receiving funds appropriated in Schedule (12) shall meet the requirements of Section 8499.5 of the Education Code to the extent feasible and to the extent data is readily accessible.
	10.	Notwithstanding any other ~~provision of~~ law, the implementation of Provision 12 is not subject to the appeal and resolution procedures for agencies that contract with the State Department of Education for the provision of childcare services or the due process requirements afforded to families that are denied services specified in Chapter 19 (commencing with Section 18000) of Division 1 of Title 5 of the California Code of Regulations.
	11.	Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Education may implement Provision 12 through management bulletins or similar instructions.
	12.	Notwithstanding any other ~~provision of~~ law, families shall be disenrolled from subsidized childcare services consistent with the priorities for services specified in subdivision (b) of Section 8263 of the Education Code. Families shall be disenrolled in the following order: (a) families with the highest income below 85 percent of the State Median Income (SMI) adjusted for family size, (b) of families with the same income level, those that have been receiving childcare services for the longest period of time, (c) of families with the same income level, those that have a child with exceptional needs, and (d) families with children who are receiving child protective services or are at risk of being neglected or abused, regardless of family income.
	13.	Of the funds appropriated in Schedule (2), $1,470,000 shall be allocated to extend family fee waivers through August 31, 2020.
	14.	Funds in Schedule (2) shall be allocated to both the part-day and full-day California State Preschool Program for nonlocal educational agencies.

SEC. 48.

Item 6100-194-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-194-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund ........................					~~976,034,000~~ 993,855,000
	Schedule:
	(1)	5210026-General Child Development ........................		~~133,846,000~~ 135,506,000
	(2)	5210028-Migrant Day Care ........................		~~5,411,000~~ 5,451,000
	(3)	5210030-Alternative Payment ........................		~~332,572,000~~ 337,127,000
	(4)	5210034-CalWORKs Stage 2 ........................		~~80,636,000~~ 82,086,000
	(5)	5210036-CalWORKs Stage 3 ........................		~~317,765,000~~ 323,605,000
	(6)	5210044-Quality Improvement ........................		~~102,485,000~~ 111,374,000
	(7)	5210046-Local Planning Councils ........................		3,319,000
	(8)	Reimbursement to 5210044-Quality Improvement ........................		−4,613,000
	Provisions:
	1.	Notwithstanding any other law, the funds appropriated in this item, to the extent permissible under federal law, are subject to Section 8262 of the Education Code.
	2.	Of the funds appropriated in this item, $80,636,000 is from the transfer of funds, pursuant to Item 5180-402, from the federal Temporary Assistance for Needy Families (TANF) Block Grant administered by the State Department of Social Services to the federal Child Care and Development Block Grant for CalWORKs Stage 2 childcare.
	3.	Funds in Schedules (6) and (7) shall be allocated to meet federal requirements to improve the quality of childcare and shall be used in accordance with the approved California state plan for the federal Child Care and Development Fund that is developed pursuant to the requirements under Section 8206.1 of the Education Code.
	4.	Notwithstanding any other law, each local planning council receiving funds appropriated in Schedule (7) shall meet the requirements of Section 8499.5 of the Education Code to the extent feasible and to the extent data is readily accessible.
	5.	Funds appropriated in Schedule (6) of this item shall not be expended to develop or support new information technology projects, unless approved by the Director of Finance and not sooner than 30 days after notification in writing to the Chairperson of the Joint Legislative Budget Committee.
	6.	~~Of the amount appropriated in Schedule (6), $1,100,000 is for programs that expand training for providers to gain skills necessary to manage an early learning and care business.~~

	7.	(a)	Of the amount appropriated in Schedule (3), $47,236,000 is available beginning July 1, 2020, to provide 5,600 Alternative Payment Program slots to provide continuity of care to families that received temporary vouchers pursuant to Chapter 2 of the Statutes of 2020.
		(b)	Alternative Payment Program agencies shall only use the funds described in subdivision (a) to enroll families who meet eligibility and need requirements specified in Sections 8263 and 8263.1 of the Education Code.
		(c)	Notwithstanding any other law, families that received temporary vouchers pursuant to Chapter 2 of the Statutes of 2020 shall receive first priority for enrollment.
		(d)	Families receiving first priority for enrollment pursuant to subdivision (c) shall be enrolled in the priority order specified in Section 8263 of the Education Code.
		(e)	Once all eligible families who received temporary voucher slots have been enrolled, Alternative Payment Program agencies shall enroll other children not previously served with temporary voucher slots using the normal enrollment process.
	8.5.	Of the funds appropriated in Schedule (6), $1,663,440 is available on a one-time basis to support grant activities for the federal Additional Supplemental Appropriations for Disaster Relief Act of 2019 (P.L. 116-20).
	9.	Of the funds appropriated in Schedule (6), $9,259,000 is available one time for a statewide data system for early education, as part of the state’s Cradle-to-Career data system.
	10.	Of the funds appropriated in this item, $43,731,000 is available on a one-time basis for CalWORKs Stage 3 child care from federal Child Care and Development Block Grant funds appropriated prior to the 2020–21 federal fiscal year.
	11.	Of the funds appropriated in this item, $600,000 is provided in one-time carryover funds for the Preschool Development Grant.
	12.	Of the funds appropriated in Schedules (1), (2), (3), (4), and (5), $8,560,000 shall be allocated to extend family fee waivers through August 31, 2020. Notwithstanding Section 26.00 of this act, the State Department of Education may transfer program expenditure authority between schedules to accurately reflect expenditures in the program schedules, upon the approval of the Department of Finance. The Department of Finance may, at its discretion, approve such a transfer of program expenditure authority to the extent total allocations do not exceed the total amount appropriated for this provision. Upon approval from the Department of Finance, the Superintendent of Public Instruction shall notify the Chairpersons of the relevant policy committees and budget subcommittees of the Legislature of its intent to transfer program expenditure authority between programs.
	13.	Of the funds appropriated in Schedule (6), $4,613,000 is provided one-time to support the activities for the Preschool Development Grant.
	14.	Of the funds appropriated in Schedule (6), $3,676,000 is available on a one-time basis for quality activities from federal Child Care and Development Block Grant funds appropriated prior to the 2020–21 fiscal year.

SEC. 49.

Item 6100-195-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-195-0890—For local assistance, State Department of Education, Part A of Title II of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6621 et seq.; Preparing, Training, and Recruiting High Quality Teachers, Principals or Other School Leaders), payable from the Federal Trust Fund ........................				~~229,384,000~~ 237,704,000
	Schedule:
	(1)	5205168-Supporting Effective Instruction Local Grants ........................	~~211,535,000~~ 219,356,000
	(2)	5205150-California Subject Matter Projects ........................	3,410,000
	(3)	5205180-Supporting Effective Instruction State Level Activity Grants ........................	~~14,439,000~~ 14,938,000
	Provisions:
	1.	The funds appropriated in Schedule (2) shall be transferred to the University of California, which shall use the funds for the subject matter projects pursuant to Article 1 (commencing with Section 99200) of Chapter 5 of Part 65 of Division 14 of Title 3 of the Education Code.
	2.	Of the funds appropriated in Schedule (3), ~~$13,779,000~~ $14,228,000 in ongoing federal funds shall be used to establish the 21st Century California School Leadership Academy pursuant to Section 44690 of the Education Code. Specifically, this amount reflects ~~$8,474,000~~ $9,173,000 in ongoing federal Title II funds, and $5,305,000 in ongoing federal Title IV funds, transferred to Title II, consistent with the California State Plan adopted by the State Board of Education pursuant to the Every Student Succeeds Act. This program shall be implemented pursuant to Title II of the federal Every Student Succeeds Act (20 U.S.C. Sec. 6601 et seq.) and consistent with the statewide system of support pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code.
	3.	Of the funds appropriated in Schedule (3), $200,000 is available from federal Title II funds for the State Department of Education (SDE) to contract with the California Collaboration for Educational Excellence to assist the SDE in administering the 21st Century California School Leadership Academy. Of these funds, $25,000 shall be for the Marin County Office of Education and $175,000 shall be for the California Collaborative for Educational Excellence to assist the SDE in administering the 21st Century California School Leadership Academy. The Collaborative shall participate in selecting grantees, determining allocation of funding, and managing and directing grantees to ensure that grant activities are provided consistent with the statewide system of support pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code. Pursuant to subdivision (e) of Section 52074 of the Education Code, the SDE, with the support of the Department of General Services, shall enter into a contract with the Marin County Office of Education as the administrative agent no later than August 31, of each year, and complete the transfer of funds to the California Collaborative for Educational Excellence no later than December 15, of each year.
	4.	Of the funds appropriated in Schedule (3), up to $660,000 may be used for costs incurred in the 2019–20 fiscal year for the professional development of private school teachers and administrators as required by the federal Every Student Succeeds Act (20 U.S.C. Sec 6601 et seq.).

SEC. 50.

Item 6100-196-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-196-0001—For local assistance, State Department of Education (Proposition 98), for allocation by the Superintendent of Public Instruction to school districts, county offices of education, and other agencies for the purposes of part-day California state preschool programs pursuant to Article 7 (commencing with Section 8235) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code funded in this item, in lieu of the amount that otherwise would be appropriated pursuant to any other statute ........................				~~833,466,000~~ 834,466,000
	Schedule:
	(1)	5210020-State Preschool—Local Educational Agencies ........................	~~783,466,000~~ 784,466,000
	(2)	5210010-Child Development, Quality Rating Improvement System Grants ........................	50,000,000
	Provisions:
	1.	Nonfederal funds appropriated in this item that 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) shall not be expended in any way that would cause their disqualification as a federally allowable maintenance-of-effort expenditure.
	3.	Notwithstanding any other law, the maximum standard reimbursement rate shall not exceed $30.87 per day for part-day California state preschool programs. The maximum standard reimbursement rate shall not exceed $49.85 for full-day California state preschool programs.
	4.	Of the amount appropriated in Schedule (1), up to $5,000,000 is available for the family literacy supplemental grant provided to California state preschool programs pursuant to Section 8238.4 of the Education Code.
	5.	The amount appropriated in Schedule (2) is available for Quality Rating and Improvement System grants provided to California state preschool programs pursuant to Section 8203.1 of the Education Code.
	6.	Funds in Schedule (1) shall be allocated to both the part-day and full-day California State Preschool Program for local educational agencies.
	7.	Of the funds appropriated in Schedule (1), $1,000,000 shall be allocated to extend family fee waivers through August 31, 2020.

SEC. 51.

Item 6100-197-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-197-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund, 21st Century Community Learning Centers Program ........................				~~145,850,000~~ 150,444,000
	Schedule:
	(1)	5210050-21st Century Community Learning Centers ........................	~~145,850,000~~ 150,444,000
	Provisions:
	1.	Of the funds appropriated in this item, $4,594,000 is provided in one-time carryover funds to support the existing program.

SEC. 52.

Item 6100-294-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-294-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund ........................				~~3,060,000~~ 3,422,000
	Schedule:
	(1)	5210052-Early Head Start—Child Care Partnership Grant ........................	~~3,060,000~~ 3,422,000
	Provisions:
	1.	The funds appropriated in this item are available to local Early Head Start services under the Early Head Start—Child Care Partnership Grant. This funding is available on a limited-term basis until June 30, 2024.
	2.	Of the funds appropriated in this item, $267,000 is available on a one-time basis from the federal funds appropriated prior to the 2020–21 fiscal year.
	3.	Of the funds appropriated in this item, $207,000 is available for COVID-19 related expenses for the 2020–21 fiscal year.

SEC. 53.

Item 6100-488 of Section 2.00 of the Budget Act of 2020 is amended to read:

6100-488—Reappropriation, State Department of Education. Notwithstanding any other law, the balances from the following appropriations are available for reappropriation for the purposes specified in Provisions 2 to 8, inclusive:
	0001—General Fund
	(2)	$5,035,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the After School Education and Safety Program in Schedule (1) of Item 6100-149-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017).
	(3)	$8,716,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Adults in Correctional Facilities Program in Schedule (1) of Item 6100-158-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017).
	(4)	$1,018,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Programs for Exceptional Children in Schedule (2) of Item 6100-161-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017).
	(5)	$1,349,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Programs for Exceptional Children in Schedule (1) of Item 6100-161-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017).
	(6)	$7,073,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the After School Education and Safety Program in the 2017–18 fiscal year pursuant to Section 8483.5 of the Education Code.
	(7)	$1,974,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the K–12 Mandated Programs Block Grant in Schedule (1) of Item 6100-296-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017).
	(8)	$7,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated pursuant to Section 17581.96 of the Government Code.
	(9)	$127,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Educational Services for Foster Youth in Schedule (1) of Item 6100-119-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017).
	(10)	$901,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Partnership Academies Program in Schedule (1) of Item 6100-166-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017).
	(11)	$231,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Partnership Academies Program in Schedule (2) of Item 6100-166-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017).
	(12)	$408,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Career Technical Education Initiative program in Schedule (1) of Item 6100-170-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017).
	(13)	$243,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Career Technical Incentive Grant pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 41207.43 of the Education Code.
	(14)	$81,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the American Indian Early Childhood Education Program in Schedule (1) of Item 6100-150-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017).
	(15)	$9,266,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Adults in Correctional Facilities Program in Schedule (1) of Item 6100-158-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018).
	(16)	$1,200,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Programs for Exceptional Children in Schedule (2) of Item 6100-161-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018).
	(17)	$2,917,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Programs for Exceptional Children in Schedule (1) of Item 6100-161-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018).
	(18)	$1,080,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Partnership Academies Program in Schedule (1) of Item 6100-166-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018).
	(19)	$79,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Career Technical Education Initiative program in Schedule (1) of Item 6100-170-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018).
	(20)	$2,265,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the K–12 Mandated Programs Block Grant in Schedule (1) of Item 6100-296-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018).
	(21)	$17,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the American Indian Early Childhood Education Program in Schedule (1) of Item 6100-150-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018).
	(22)	$2,455,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for California’s pupil testing program in Schedule (2) of Item 6100-113-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019).
	(23)	~~$5,951,000~~ $6,032,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for California’s pupil testing program in Schedule (3) of Item 6100-113-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019).
	Provisions:
	2.	The sum of $16,009,000 is hereby reappropriated to the Superintendent of Public Instruction for allocation to the Oakland Unified School District in accordance with Chapter 6.5 (commencing with Section 42160) of Part 24 of Division 3 of Title 2 of the Education Code. The disbursement of these funds is contingent on the Oakland Unified School District’s completion of the following: (a) the required annual audit for the preceding year; and (b) affirmative board action to continue to update or develop short-term and long-term financial plans based on best practices and reasonable and accurate assumptions.
	3.	The sum of $5,772,000 is hereby reappropriated to the Superintendent of Public Instruction for allocation to the Inglewood Unified School District in accordance with Chapter 6.5 (commencing with Section 42160) of Part 24 of Division 3 of Title 2 of the Education Code. The disbursement of these funds is contingent on the Inglewood Unified School District’s completion of both of the following: (a) adoption and implementation of necessary budgetary solutions; and (b) adoption of a preliminary school and school district facility closure and consolidation plan and initiation of any regulatory approval process, including the California Environmental Quality Act and other state or local approval, related to the sale or lease of surplus property.
	4.	The sum of $200,000 is hereby reappropriated to the State Department of Education to be used consistent with the provisions of Item 6100-209-0001 of the Budget Act of 2019 (Chs. 23 and 55, Stats. 2019) for payment of claims received pursuant to paragraph (1) of subdivision (f) of Section 44944 of the Education Code.
	5.	The sum of $2,995,000 is hereby reappropriated to the State Department of Education to be used consistent with the provisions of Item 6100-203-0001 of the Budget Act of 2018 (Chs. 29, 30, and 449, Stats. 2018) for child nutrition program reimbursement claims submitted by local educational agencies pursuant to subdivision (c) of Section 49505, and Section 49531, of the Education Code.
	6.	The sum of $500,000 is hereby reappropriated to the State Department of Education to be used consistent with the provisions of Item 6100-488 of the Budget Act of 2018 (Chs. 29, 30, and 449, Stats. 2018) for allocation by the Superintendent of Public Instruction to a county office of education to support the development of additional History and Social Science curriculum framework resources related to Genocide Awareness education, including, but not limited to, the development of study guides and other resources.
	7.	The sum of $7,717,000 is hereby reappropriated to the State Department of Education to be used consistent with the provisions of Item 6100-488 of the Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017) for allocation by the Superintendent of Public Instruction to a county office of education or consortium of county offices of education to support professional development and resources for the History Social Science curriculum framework and the Health curriculum.
	8.	The sum of $10,795,000 is hereby appropriated to the Superintendent of Public Instruction for allocation to school districts and charter schools in the 2019–20 fiscal year pursuant to Section 42238.02 of the Education Code pursuant to the provisions provided in the 2020 Education Omnibus trailer bill for this purpose.
	9.	The sum of $8,406,000 is hereby reappropriated to the State Department of Education for contract costs associated with administering the summative English language proficiency assessment at the beginning of the 2020–21 school year for purposes of reclassification.
	10.	The sum of $81,000 is hereby reappropriated to the State Department of Education for contract costs associated with administering the English language proficiency assessment.

SEC. 54.

Item 6120-212-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:

6120-212-0001—For local assistance, California State Library ........................				250,000
	Schedule:
	(1)	5312-Library Development Services ........................	250,000
	Provisions:
	1.	These funds shall be used for support of the State Government Oral History Program consistent with Section 12233 of the Government Code, with decisions concerning expenditures of these funds made in collaboration with the State Archivist.
	2.	~~Of the funds appropriated in this item, $75,000 is provided on a one-time basis for the purpose of documenting the history of the legislative caucuses.~~

SEC. 55.

Item 7300-001-3078 of Section 2.00 of the Budget Act of 2020 is amended to read:

7300-001-3078—For support of Agricultural Labor Relations Board, payable from the Labor and Workforce Development Fund ........................				1,831,000
	Schedule:
	(1)	6050-Board Administration ........................	195,000
	(2)	6055-General Counsel Administration ........................	2,136,000
	(3)	9900100-Administration ........................	436,000
	(4)	9900200-Administration—Distributed ........................	−436,000
	(5)	Reimbursements to 6055-General Counsel Administration ........................	−500,000
	Provisions:
	1.	The amount appropriated in this item includes revenues derived from the assessment of fines and penalties imposed as specified in Section 13332.18 of the Government Code.
	2.	Of the amount appropriated in this item, $551,000 shall be expended to implement an interagency labor law education and outreach strategy. The amount allocated shall be available for encumbrance or expenditure until June 30, 2023.
	3.	Of the amount appropriated in this item, $500,000 shall be available to reimburse the Agricultural Labor Relations Board for the costs incurred to implement an interagency labor law education and outreach strategy. The amount allocated shall be available for encumbrance or expenditure until June 30, 2023.

SEC. 56.

Item 7350-001-0223 of Section 2.00 of the Budget Act of 2020 is amended to read:

7350-001-0223—For support of Department of Industrial Relations, payable from the Workers’ Compensation Administration Revolving Fund ........................				251,323,000
	Schedule:
	(1)	6080-Self-Insurance Plans ........................	2,295,000
	(2)	6090-Division of Workers’ Compensation ........................	259,549,000
	(3)	6095-Commission on Health and Safety and Workers’ Compensation ........................	3,024,000
	(4)	6105-Division of Labor Standards Enforcement ........................	1,470,000
	(5)	9900100-Administration ........................	104,856,000
	(6)	9900200-Administration—Distributed ........................	−104,856,000
	(7)	Reimbursements to 6090-Division of Workers’ Compensation ........................	−15,015,000
	Provisions:
	1.	Notwithstanding any other ~~provision of~~ law, the funds appropriated in this item may be used to pay workers’ compensation benefits for the Subsequent Injuries Program and the Uninsured Employers Program, if either or both of those funds’ reserves are insufficient to make the payments. Any expenditures made pursuant to this provision shall be credited to the Workers’ Compensation Administration Revolving Fund upon receipt of sufficient revenues.
	2.	Of the amount appropriated in this item, $636,000 shall be available to reimburse the Department of Industrial Relations for the costs incurred to implement an interagency labor law education and outreach strategy. The amount allocated shall be available for encumbrance or expenditure until June 30, 2023.

SEC. 57.

Item 7350-001-3121 of Section 2.00 of the Budget Act of 2020 is amended to read:

7350-001-3121—For support of Department of Industrial Relations, payable from the Occupational Safety and Health Fund ........................					102,616,000
	Schedule:
	(1)	6100-Division of Occupational Safety and Health ........................		105,721,000
	(4)	Reimbursements to 6100-Division of Occupational Safety and Health ........................		−3,105,000
	Provisions:
	1.	The Department of Industrial Relations shall report to the Director of Finance and the Joint Legislative Budget Committee by March 1, 2013, and biennially thereafter, on the accomplishments of the Labor Enforcement Task Force and its enforcement activities regarding labor, tax, and licensing law violators operating in the underground economy. The task force is funded at $7,200,000 and shall be composed of 66.0 positions (30.0 positions within the Department of Industrial Relations, 25.0 positions within the Employment Development Department, and 11.0 positions within the Contractors’ State Licensing Board). Secondary partners of the task force include the Bureau of Automotive Repair, the Department of Alcoholic Beverage Control, and the California Department of Tax and Fee Administration. The report shall include the following information:
		(a)	The “value added” by the task force, including the baseline accomplishments of each participating entity compared to the additional accomplishments achieved by virtue of its participation in the task force, and the efforts to increase collaboration and coordination of the interagency enforcement efforts of the task force.
		(b)	Efforts by the task force to develop targeting and statistical reporting methods that facilitate empirical identification of noncompliant employers.
		(c)	Any recommended changes to statutes that would improve the operation of the task force, including data sharing across participating agencies.
		(d)	Detailed objectives of the task force for the next reporting period and a description of how the task force intends to achieve those objectives.
	2.	Of the amount appropriated in this item, $2,543,000 shall be available to reimburse the Department of Industrial Relations for the costs incurred to implement an interagency labor law education and outreach strategy. The amount allocated shall be available for encumbrance or expenditure until June 30, 2023.

SEC. 58.

Item 7350-001-3152 of Section 2.00 of the Budget Act of 2020 is amended to read:

7350-001-3152—For support of Department of Industrial Relations, payable from the Labor Enforcement and Compliance Fund ........................				90,973,000
	Schedule:
	(1)	6105-Division of Labor Standards Enforcement ........................	94,149,000
	(2)	Reimbursements to 6105-Division of Labor Standards Enforcement ........................	−3,176,000
	Provisions:
	1.	The amount appropriated in this item includes revenues derived from the assessment of fines and penalties imposed as specified in Section 13332.18 of the Government Code.
	2.	From the amount appropriated in Schedule (1) of this item, the Department of Industrial Relations shall create a section on its internet website that contains resources addressing minimum wage, overtime, sick leave, recordkeeping, wage adjudication, and retaliation for domestic workers and employers.
	3.	Of the amount appropriated in this item, $2,671,000 shall be available to reimburse the Department of Industrial Relations for the costs incurred to implement an interagency labor law education and outreach strategy. The amount allocated shall be available for encumbrance or expenditure until June 30, 2023.

SEC. 59.

Item 8570-101-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:

8570-101-0001—For local assistance, Department of Food and Agriculture ........................				~~19,506,000~~ 22,506,000
	Schedule:
	(1)	6570-Agricultural Plant and Animal Health; Pest Prevention; Food Safety Services ........................	6,405,000
	(2)	6575-Marketing; Commodities and Agricultural Services ........................	8,496,000
	(3)	6580-Assistance to Fair and County Agricultural Activities ........................	~~2,605,000~~ 8,605,000
	(4)	6590-General Agricultural Activities ........................	2,000,000
	(5)	Reimbursements to 6580-Assistance to Fair and County Agricultural Activities ........................	−3,000,000
	Provisions:
	1.	The amount appropriated in Schedule (2) shall be available for grants for the Farm to School Program.
	4.	Of the amount appropriated in Schedule (4), $2,000,000 shall be available for activities related to the Fresno-Merced Food Innovation Corridor Initiative. This amount shall be available for support or local assistance.
	5.	The amount included in Provisions 1 and 4 shall be available for encumbrance or expenditure until June 30, 2023.
	6.	Notwithstanding subdivision (f) of Section 19622.1 of the Business and Professions Code, of the amounts appropriated in Schedule (3), $3,000,000 shall be available to the California Exposition and State Fair to support its payroll and operational costs. The Director of Finance may authorize an additional amount not to exceed $3,000,000 if deemed necessary to sustain the California Exposition and State Fair’s operations.
	7.	Notwithstanding subdivision (f) of Section 19622.1 of the Business and Professions Code , or any other law, the Director of Finance may authorize a short-term cash loan of up to $3,000,000 from the General Fund to support the payment of payroll and operational costs of the California Exposition and State Fair until reimbursement for emergency operations and other activities has been received. Upon the order of the Director of Finance, the Controller shall draw warrants against General Fund cash to the California Exposition and State Fair. The cash flow loan(s) to the California Exposition and State Fair through the Department of Food and Agriculture shall be subject to the terms and conditions for repayment as may be prescribed by the Department of Finance. Interest charges may be waived pursuant to subdivision (e) of Section 16314 of the Government Code. For purposes of the budgetary and legal bases of accounting and budgeting, the principal amount of any loans made pursuant to this provision shall not be considered part of the balance of the fund that receives the loan, nor shall it be deducted from the balance of the fund from which the loan is made. These loans are considered cash flow loans for temporary cash shortages and shall not constitute budgetary loans, revenues, or expenditures. The Department of Finance shall make the final determination of the budgetary and accounting transactions and treatments to ensure proper implementation of the provisions of this section, pursuant to Section 13344 of the Government Code.

SEC. 60.

Item 8955-301-0660 of Section 2.00 of the Budget Act of 2020 is amended to read:

8955-301-0660—For capital outlay, Department of Veterans Affairs, payable from the Public Buildings Construction Fund ........................						324,926,000
	Schedule:
	(1)	0000626-Veterans Home of California, Yountville: Steam Distribution System Renovation ........................			7,833,000
		(a)	Construction ........................	7,833,000
	(2)	0000706-Veterans Home of California, Yountville: Skilled Nursing Facility ........................			317,093,000
		(a)	Design-build ........................	317,093,000
	Provisions:
	1.	The State Public Works Board may issue lease-revenue bonds, notes, or bond anticipation notes pursuant to Chapter 5 (commencing with Section 15830) of Part 10b of Division 3 of Title 2 of the Government Code to finance the design and construction of the project authorized by this item.
	2.	The Department of Veterans Affairs and the State Public Works Board are authorized and directed to execute and deliver any and all leases, contracts, agreements, or other documents necessary or advisable to consummate the sale of bonds or otherwise effectuate the financing of the scheduled project.

SEC. 61.

Item 9210-110-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:

9210-110-0001—For local assistance, Local Government Financing, to be allocated by the Controller ........................						750,181,000
	Schedule:
	(1)	7540-Aid to Local Government ........................			750,181,000
	Provisions:
	1.	Of the amount appropriated in this item, $181,000 is to reimburse the County of Alpine for shortfalls incurred in the 2018–19 fiscal year related to the Sales and Use Tax Countywide Adjustment Amount authorized by Section 97.68 of the Revenue and Taxation Code, and the Vehicle License Fee Adjustment Amount authorized by Section 97.70 of the Revenue and Taxation Code.
	2.	To receive the amount described in Provision 1, the County of Alpine shall, no later than October 1, 2020, submit to the Department of Finance a countywide claim detailing the shortfall incurred in the 2018–19 fiscal year by the county in relation to each of the specified Revenue and Taxation Code sections. The Department of Finance shall review the claim for accuracy and, upon determining the claim is accurate and complete, shall forward it to the Controller for payment.
	3.	(a)	Of the amount appropriated in this item, $750,000,000 is to provide support for counties experiencing revenue losses for realigned programs. In utilizing these funds, counties shall prioritize support for health and human services, entitlement programs, and programs that serve vulnerable populations.
		(b)	Pursuant to Control Section 8.28, the amount described in subdivision (a) may be augmented by $250,000,000.
		~~(c)~~	The Department of Finance, in consultation with the California State Association of Counties, shall develop a countywide allocation schedule to distribute the funding described in subdivisions (a) and (b).
		(c)	(1)	The Department of Finance, in consultation with the California State Association of Counties, shall develop a countywide allocation schedule to distribute the funding described in subdivisions (a) and (b). The countywide allocation schedule shall display the amounts by program area and counties must spend the funds designated for each program area on the realigned programs within that program area.
			(2)	Funds to the health program area pursuant to paragraph (1) shall not be considered “revenue and other funds paid or payable for the fiscal year,” as that term is used in paragraph (1) of subdivision (a) of Section 17612.3 of, or paragraph (1) of subdivision (a) of Section 17613.3 of, the Welfare and Institutions Code, or “total revenues,” as defined in paragraph (7) of subdivision (b) of Section 17612.5 of the Welfare and Institutions Code and as used in paragraph (1) of subdivision (a) of Section 17612.5 of the Welfare and Institutions Code, for purposes of redirection of realignment calculations pursuant to Article 12 (commencing with Section 17612.1) of, and Article 13 (commencing with Section 17613.1) of, Chapter 6 of Part 5 of Division 9 of the Welfare and Institutions Code.
		(d)	The ~~Director~~ Department of Finance shall provide the countywide allocation schedule to the State Controller’s Office for distribution of the county allocations pursuant to subdivisions (a) and (b) not sooner than 10 days after notification in writing to the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or the chairperson’s designee, may determine.
		(e)	Funding to a county pursuant to subdivisions (a) and (b) is contingent on the county’s adherence to federal guidance, the state’s stay-at-home requirements and other health requirements as directed in gubernatorial Executive Order N-33-20, any subsequent executive orders or statutes, and all California Department of Public Health orders, directives, and guidance issued in response to the COVID-19 public health emergency. Counties shall certify compliance to the Department of Finance. The State Controller shall allocate funding to a county upon order of the ~~Director~~ Department of Finance.
		(f)	(1)	Counties must submit a form, as prescribed by the Department of Finance, to the Department of Finance by the 1st of each month of the 2020-21 fiscal year, beginning October 1, 2020, certifying compliance with subdivision (e) in the preceding month.
			(2)	A county shall be deemed not to have maintained compliance with subdivision (e), and shall be subject to the redirection specified in subdivision (h), if the Department of Finance, in consultation with the State Department of Public Health and the Governor’s Office of Emergency Services, determines that, despite what the county may have certified in the form required by paragraph (1), the county has adopted an ordinance or resolution inconsistent with the public health orders, guidance, or other directives specified in subdivision (e).
		(g)	If a county is deemed not to have to maintained compliance with subdivision (e), the county shall be subject to a redirection specified in subdivision (h).
		(h)	Notwithstanding any other law, if the Department of Finance, in consultation with the State Department of Public Health and the Governor’s Office of Emergency Services, determines that, despite what the county may have certified in the form required by paragraph (1) of subdivision (f), a county is not in compliance with subdivision (e) for any month, the Department of Finance may direct the Controller to redirect realignment funds for that county from the Social Services Subaccount, Health Subaccount, and Mental Health Subaccount of the Local Revenue Fund to instead be deposited in the Family Support Subaccount established pursuant to Section 17600 of the Welfare and Institutions Code. The amount of the redirection shall be equal to one-twelfth of the total funding allocated to the county pursuant to subdivisions (a) and (b). To the extent practicable, the Department of Finance, in consultation with the California State Association of Counties, shall make the amount of the redirections from each subaccount proportional to the allocation schedule developed pursuant to subdivision (c). To the extent that the redirection from each program area is not proportional to the allocation schedule developed pursuant to subdivision (c), a county may shift utilization of the funding from subdivision (a) to achieve a proportional impact for the amount of the redirection for each program area consistent with subdivision (c).
		(i)	The Department of Finance shall provide a schedule of redirections, pursuant to subdivision (h), to the Controller’s office not sooner than 10 days after notification in writing to the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or the chairperson’s designee, may determine. The Department of Finance shall also notify any county subject to a redirection at the same time as the notification to the Chairperson of the Joint Legislative Budget Committee. The Department of Finance, in conjunction with the State Department of Public Health and Governor’s Office of Emergency Services, must consult with any county subject to a redirection pursuant to (h) to give that county the ability to correct or cure the deficiency before the expiration of the notification period for the Joint Legislative Budget Committee.
		(j)	Funds redirected pursuant to subdivision (h) shall not be considered to have been deposited into the Family Support Subaccount for purposes of the base calculation required by Section 17600 of the Welfare and Institutions Code. The funds redirected from each subaccount pursuant to subdivision (h) shall be considered to have been deposited into the subaccount from which they were redirected for purposes of the base calculations required by Section 17600 of the Welfare and Institutions Code.
		(k)	Funds redirected from the Health Subaccount pursuant to subdivision (h) shall be considered to have been deposited into the Health Subaccount for purposes of redirection of realignment calculations pursuant to Article 12 (commencing with Section 17612.1) of, and Article 13 (commencing with Section 17613.1) of, Chapter 6 of Part 5 of Division 9 of the Welfare and Institutions Code.
		(l)	Subdivisions (f) to (k), inclusive, shall not take effect until October 1, 2020.
		(m)	Within 15 days of the enactment of the act that adds this subdivision, the Department of Finance shall direct the Controller to allocate three quarters of the funding in subdivision (a), and total funding available pursuant subdivision (b) as applicable, pursuant to the countywide allocation schedule required by subdivision (c).

SEC. 62.

Section 39.00 of the Budget Act of 2020 is amended to read:

SEC. 39.00.

The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 75, AB 76, AB 77, AB 78, AB 79, AB 80, AB 81, AB 82, AB 83, AB 84, AB 85, ~~AB 86,~~ AB 87, AB 88, AB 89, AB 90, AB 92, AB 93, AB 94, AB 100, AB 102, AB 103, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 1865, AB 1866, AB 1867, AB 1868, AB 1869, AB 1870, AB 1871, AB 1872, AB 1873, AB 1874, AB 1875, AB 1876, AB 1877, AB 1878, AB 1879, AB 1880, AB 1881, AB 1882, AB 1883, AB 1884, AB 1885, SB 88, SB 97, SB 98, SB 100, SB 101, SB 102, SB 107, SB 108, SB 110, SB 111, SB 114, ~~SB 115,~~ SB 116, SB 118, SB 119, SB 121, SB 122, SB 123, SB 124, SB 126, SB 809, SB 810, SB 811, SB 812, SB 813, SB 814, SB 815, SB 816, ~~and SB 817.~~ SB 817, SB 820, SB 821, SB 822, SB 823, SB 824, SB 825, SB 826, SB 827, SB 828, SB 829, SB 830, SB 831, SB 832, SB 833, SB 834, SB 835, SB 836, SB 837, SB 838, SB 839, and SB 840.

SEC. 63.

Section 99.00 of the Budget Act of 2020 is amended to read:

INDEX BY BUDGET TITLE

SEC. 99.00.

The following provides an index to the appropriations and related provisions of this act, by organization in alphabetical order, with the code number of the affected organization. The organization code is the first four numbers of any item number in this act. For ease of reference, the appropriation items in this act are organized in numerical order, and all of the appropriation items for any one organization are adjacent to one another.

Department	Organization Code

“A”

ABLE Act Board, California ........................	0981
Administrative Law, Office of ........................	7910
Aging, California Commission on ........................	4180
Aging, California Department of ........................	4170
Agricultural Labor Relations Board ........................	7300
Air Resources Board, State ........................	3900
Alcoholic Beverage Control, Department of ........................	2100
Alcoholic Beverage Control Appeals Board ........................	2120

Alternative Energy and Advanced Transportation Financing Authority, California ........................	0971
Arts Council, California ........................	8260
Asian and Pacific Islander American Affairs, California Commission on ........................	8825
Assembly ........................	0120
Auditor’s Office, California State ........................	8855

“B”

Baldwin Hills Conservancy ........................	3835
Boards.See subject (e.g., Air Resources, etc.)
Business, Consumer Services, and Housing Agency, Secretary of ........................	0515
~~Business Oversight, Department of~~	~~1701~~

“C”

Cannabis Control Appeals Panel ........................	1045
Capital Outlay Planning and Studies Funding ........................	9860
Cash Management and Budgetary Loans ........................	9620
Child Support Services, Department of ........................	5175
Citizens Compensation Commission, California ........................	8385
Citizens Redistricting Initiative ........................	0911
Coachella Valley Mountains Conservancy ........................	3850
Coastal Commission, California ........................	3720
Coastal Conservancy, State ........................	3760
Colorado River Board of California ........................	3460
Community Colleges, Board of Governors of the California ........................	6870
Community Services and Development, Department of ........................	4700
Conservation, Department of ........................	3480
Conservation Corps, California ........................	3340
Consumer Affairs, Department of ........................	1111
Contingencies or Emergencies, Augmentation for ........................	9840
Contingencies or Emergencies (Loans), Augmentation for ........................	9850
Contributions to.See subject (e.g., Judges’ Retirement, Teachers’ Retirement, etc.)
Controller ........................	0840
Corrections and Rehabilitation, Department of ........................	5225
Councils.See subject (e.g., Arts, etc.)

“D”

Debt and Investment Advisory Commission, California ........................	0956
Debt Limit Allocation Committee, California ........................	0959
Delta Protection Commission ........................	3840
Delta Stewardship Council ........................	3885
Department of.See subject (e.g., Corrections and Rehabilitation, Food and Agriculture, etc.)
Developmental Disabilities, State Council on ........................	4100
Developmental Services, State Department of ........................	4300

“E”

Education Audit Appeals Panel ........................	6125
Education, State Department of ........................	6100
Educational Facilities Authority, California ........................	0989
Emergency Services, Office of ........................	0690
Emergency Medical Services Authority ........................	4120
Employee Compensation, Augmentation for ........................	9800
Employment Development Department ........................	7100
Energy Resources Conservation and Development Commission, State ........................	3360
Enhanced Tobacco Settlement Asset-Backed Bonds ........................	9612
Environmental Health Hazard Assessment, Office of ........................	3980
Environmental Protection, Secretary for ........................	0555
Equalization, State Board of ........................	0860
Equity Claims and Settlements and Judgments ........................	9670
Exposition Park ........................	3100

“F”

Fair Employment and Housing, Department of ........................	1700
Fair Political Practices Commission ........................	8620
Finance, Department of ........................	8860
Financial Information System for California ........................	8880
Financial Protection and Innovation, Department of ........................	1701
Fish and Wildlife, Department of ........................	3600
Food and Agriculture, Department of ........................	8570
Forestry and Fire Protection, Department of ........................	3540
Franchise Tax Board ........................	7730

“G”

Gambling Control Commission, California ........................	0855
General Services, Department of ........................	7760
Government Operations, Secretary of ........................	0511
Governor’s Office ........................	0500
Governor’s Office of Business and Economic Development (GO-Biz) ........................	0509

“H”

Hastings College of the Law ........................	6600
Health Facilities Financing Authority, California ........................	0977
Health and Human Services, Secretary of California ........................	0530
Health and Dental Benefits for Annuitants ........................	9650
Health Benefit Exchange, California ........................	4800
Health Care Services, State Department of ........................	4260
High-Speed Rail Authority ........................	2665
Highway Patrol, Department of the California ........................	2720
Historic State Capitol Commission ........................	8270
Horse Racing Board, California ........................	1750
Housing and Community Development, Department of ........................	2240
Human Resources, Department of ........................	7501

“I”

Independent Living Council, State ........................	5170
Industrial Relations, Department of ........................	7350
Institutions (See Department of Corrections and Rehabilitation, State Department of Health Care Services, etc.)
Inspector General, Office of the ........................	0552
Insurance, Department of ........................	0845
Interest Payments to the Federal Government ........................	9625

“J”

Joint Expenses (Legislature) ........................	0130
Judges’ Retirement Fund ........................	0390
Judicial Performance, Commission on ........................	0280
Judicial Branch ........................	0250
Justice, Department of ........................	0820

“L”

Lands Commission, State ........................	3560
Labor and Workforce Development Agency, Secretary of ........................	0559
Law Revision Commission, California ........................	8830
Legislative Analyst’s Office ........................	0130
Legislative Counsel Bureau ........................	0160
Legislature (See Assembly, Senate, or Joint Expenses)
Library, California State ........................	6120
Lieutenant Governor, Office of the ........................	0750
Local Government Financing ........................	9210

“M”

Managed Health Care, Department of ........................	4150
Mental Health Services Oversight and Accountability Commission ........................	4560
Military Department ........................	8940
Milton Marks “Little Hoover” Commission on California State Government Organization and Economy ........................	8780
Motor Vehicles, Department of ........................	2740

“N”

Native American Heritage Commission ........................	3780
Natural Resources Agency, Secretary of the ........................	0540

“O”

Office of.See subject (e.g., Emergency Services, Planning and Research, etc.)

“P”

Parks and Recreation, Department of ........................	3790
Payment to Counties for Costs of Homicide Trials ........................	9300
Peace Officer Standards and Training, Commission on ........................	8120
Personnel Board, State ........................	7503
Pesticide Regulation, Department of ........................	3930
Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun, Board of ........................	2670
Planning and Research, Office of ........................	0650
Political Reform Act of 1974 ........................	8640
Public Defender, State ........................	8140
Public Employees’ Retirement System, Board of Administration of the ........................	7900
Public Employment Relations Board ........................	7320
Public Health, State Department of ........................	4265
Public Utilities Commission ........................	8660

“R”

Real Estate, Department of ........................	2320
Resources Recycling and Recovery, Department of ........................	3970
Rehabilitation, Department of ........................	5160

“S”

Sacramento-San Joaquin Delta Conservancy ........................	3875
San Diego River Conservancy ........................	3845
San Francisco Bay Conservation and Development Commission ........................	3820
San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy ........................	3825
San Joaquin River Conservancy ........................	3830
Santa Monica Mountains Conservancy ........................	3810
Scholarshare Investment Board ........................	0954
School Finance Authority, California ........................	0985
Secretary of State ........................	0890
Senate ........................	0110
Senior Legislature, California ........................	4185
Sierra Nevada Conservancy ........................	3855
Social Services, State Department of ........................	5180
Special Resources Program ........................	3110
State.See subject (e.g., Controller, Treasurer, etc.)
State and Community Corrections, Board of ........................	5227
State Hospitals, State Department of ........................	4440
State Mandates, Commission on ........................	8885
Statewide Health Planning and Development, Office of ........................	4140
Status of Women and Girls, Commission on the ........................	8820
Student Aid Commission ........................	6980
Summer School for the Arts, California State ........................	6255

“T”

Tahoe Conservancy, California ........................	3125
Tax and Fee Administration, California Department of ........................	7600
Tax Appeals, Office of ........................	0870
Tax Credit Allocation Committee, California ........................	0968
Tax Relief ........................	9100
Teacher Credentialing, Commission on ........................	6360
Teachers’ Retirement System, State ........................	7920
Technology, Department of ........................	7502
Toxic Substances Control, Department of ........................	3960
Transportation, Department of ........................	2660
Transportation, Secretary of ........................	0521
Transportation Commission, California ........................	2600
Treasurer ........................	0950
Trial Court Security—Court Construction ........................	9285
Trial Court Security—Judgeships ........................	9286

“U”

University, California State ........................	6610
University, California State, Health Benefits for Annuitants ........................	6645
University of California ........................	6440

“V”

Veterans Affairs, Department of ........................	8955
Victim Compensation Board, California ........................	7870

“W”

Water Resources, Department of ........................	3860
Water Resources Control Board, State ........................	3940
Wildlife Conservation Board ........................	3640
Workforce Development Board, California ........................	7120

SEC. 64.
This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.

SECTION 1.Article 6.8 (commencing with Section 14199.60) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code is repealed.
SEC. 2.Article 6.8 (commencing with Section 14199.60) is added to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, to read:
6.8.Managed Care Organization Provider Tax
14199.60.
It is the intent of the Legislature that the department implement a managed care organization provider tax effective July 1, 2019, to provide ongoing funding for health care and prevention, minimize to the extent possible any need for new reductions to the program, and meet both of the following goals:
~~(a)Generate an amount of nonfederal funds for the Medi-Cal program equivalent to the funds generated by the tax imposed pursuant to Article 6.7 (commencing with Section 14199.50).~~
~~(b)Comply with federal Medicaid requirements applicable to permissible health care related taxes, including, but not limited to, Section 433.68 of Title 42 of the Code of Federal Regulations.~~
14199.61.
~~The following definitions shall apply for the purposes of this article:~~
(a)“Base data source” means the quarterly financial statement filings submitted by health plans to the Department of Managed Health Care retrieved by the department as of March 1, 2019, and supplemented by, as necessary, Medi-Cal enrollment data for the base year as maintained by the department and retrieved as of March 1, 2019.
~~(b)“Base year” means the 12-month period of January 1, 2018, through December 31, 2018.~~
(c)“Countable enrollee” means an individual enrolled in a health plan, as defined in subdivision (f), during a month of the base year according to the base data source. “Countable enrollee” does not include an individual enrolled in a Medicare plan, a plan-to-plan enrollee, as defined in subdivision (m), or an individual enrolled in a health plan pursuant to the Federal Employees Health Benefits Act of 1959 (Public Law 86-382) to the extent the imposition of the tax under this article is preempted pursuant to Section 8909(f) of Title 5 of the United States Code.
~~(d)“Department” means the State Department of Health Care Services.~~
~~(e)“Director” means the Director of Health Care Services.~~
(f)“Health care service plan” or “health plan” means a health care service plan, other than a plan that provides only specialized or discount services, that is licensed by the Department of Managed Health Care under the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) or a managed care plan contracted with the State Department of Health Care Services to provide full-scope Medi-Cal services.
(g)“Medi-Cal enrollee” means an individual enrolled in a health plan, as defined in subdivision (f), who is a Medi-Cal beneficiary for whom the department directly pays the health plan a capitated payment.
~~(h)“Medi-Cal per enrollee tax amount” means the amount of tax assessed per countable Medi-Cal enrollee within a Medi-Cal taxing tier.~~
~~(i)“Medi-Cal taxing tier” means a range of cumulative enrollment of countable Medi-Cal enrollees for the base year.~~
~~(j)“Other enrollee” means an individual enrolled in a health plan, as defined in subdivision (f), who is not a Medi-Cal beneficiary.~~
~~(k)“Other per enrollee tax amount” means the amount of tax assessed per countable other enrollee within an “other taxing tier.”~~
~~(l)“Other taxing tier” means a range of cumulative enrollment of countable other enrollees for the base year.~~
~~(m)“Plan-to-plan enrollee” means an individual who receives their health care services through a health plan pursuant to a subcontract from another health plan.~~
14199.62.
~~(a)The Health Care Services Special Fund is hereby created in the State Treasury.~~
~~(b)All revenues, less refunds, derived from the taxes provided for in this article shall be deposited in the State Treasury to the credit of the Health Care Services Special Fund.~~
(c)Notwithstanding Section 16305.7 of the Government Code, any interest and dividends earned on moneys in the Health Care Services Special Fund shall be retained in the fund and used solely for the purposes specified in subdivision (d).
(d)Notwithstanding Section 13340 of the Government Code, the funds deposited in the Health Care Services Special Fund pursuant to this article shall be continuously appropriated, without regard to fiscal year, to the department for purposes of funding the nonfederal share of Medi-Cal managed care rates for health care services furnished to children, adults, seniors and persons with disabilities, and persons dually eligible for Medi-Cal and Medicare.
(e)The department shall provide an annual report to all health plans accounting for the funds deposited in and expended from the Health Care Services Special Fund, in a time and manner as deemed appropriate by the director. The report shall identify the taxes imposed on each health plan pursuant to this article, and shall provide an itemized accounting of expenditures from the fund.
(f)Effective June 30, 2020, the Health and Human Services Special Fund in the State Treasury, created pursuant to Section 14199.52, is hereby abolished. All moneys in the fund shall be transferred to the Health Care Services Special Fund created pursuant to subdivision (a). Any remaining balance, assets, liabilities, and encumbrances of the Health and Human Services Special Fund as of June 30, 2020, shall be transferred to, and become part of, the Health Care Services Special Fund.
(g)Notwithstanding any other law, the Controller may use the funds in the Health Care Services Special Fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code.
14199.63.
~~(a)The department shall determine for each health plan using the base data source all of the following:~~
~~(1)Total cumulative enrollment for the base year.~~
~~(2)Total Medicare cumulative enrollment for the base year.~~
~~(3)Total Medi-Cal cumulative enrollment for the base year.~~
~~(4)Total plan-to-plan cumulative enrollment for the base year.~~
~~(5)Total cumulative enrollment through the Federal Employees Health Benefits Act of 1959 (Public Law 86-382) for the base year.~~
~~(6)Total other cumulative enrollment for the base year that is not otherwise counted in paragraphs (2) to (5), inclusive.~~
(b)Notwithstanding any provision in this article, the director may correct any identified material or significant error in the data, including, but not limited to, the overall cumulative enrollment, Medicare cumulative enrollment, Medi-Cal cumulative enrollment, plan-to-plan cumulative enrollment, cumulative enrollment through the Federal Employees Health Benefits Act of 1959 (Public Law 86-382), and other cumulative enrollment. The director’s determination whether to exercise discretion under this section and any determination made by the director under this section shall not be subject to judicial review, except that a health plan may bring a writ of mandate under Section 1085 of the Code of Civil Procedure to rectify an abuse of discretion by the department in correcting that health plan’s data when that correction results in a greater tax amount for that health plan pursuant to Section 14199.65.
14199.64.
~~(a)A managed care organization provider tax shall be imposed on each health plan. The tax shall be imposed for the following fiscal years or periods:~~
~~(1)2019–20 fiscal year.~~
~~(2)2020–21 fiscal year.~~
~~(3)2021–22 fiscal year.~~
~~(4)The first six months of the 2022–23 fiscal year, July 1, 2022, to December 31, 2022, inclusive.~~
~~(b)The department shall compute the annual tax for each health plan subject to the tax during each applicable state fiscal year or period pursuant to Section 14199.65.~~
(c)The department shall collect the annual tax for each health plan in four installments and shall determine the amount due for each installment in the applicable state fiscal year or period by dividing the annual tax for that state fiscal year by four, except for the 2022–23 fiscal period, for which the department shall collect the applicable amount in two installments.
(d)The department shall not collect the tax imposed pursuant to this article until the department receives approval from the federal Centers for Medicare and Medicaid Services that this tax is a permissible health care related tax in accordance with Section 433.68 of Title 42 of the Code of Federal Regulations and is eligible for federal financial participation.
(1)By October 1, 2019, or within 10 business days following the date the department receives all necessary federal approvals for the tax pursuant to this article, whichever is later, the director shall certify in writing that federal approval has been received, and the department shall post the certification on its internet website and send a copy of the certification to the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel.
(2)By October 14, 2019, or within 10 business days following the date the department receives all necessary federal approvals for the tax pursuant to this article, whichever is later, the department shall send a notice to each health plan subject to the tax that shall contain the following information:
~~(A)The annual tax due for each fiscal year or period.~~
~~(B)The dates on which the installment tax payments are due for each fiscal year or period.~~
(3)A health plan shall pay the annual tax in installments as calculated pursuant to Section 14199.65, based on a schedule developed by the department. The department shall establish the date that each tax payment is due, provided that the first tax payment shall be due no earlier than 20 days following the date the department sends the notice pursuant to paragraph (2), and the tax payments shall be paid at least one month apart, but no more than one-quarter apart.
~~(4)A health plan shall pay the taxes that are due, if any, in the amounts and at the times set forth in the notice unless superseded by a subsequent notice issued by the department.~~
(e)The tax assessed pursuant to this article shall be paid by each health plan subject to the tax to the department for deposit in the Health Care Services Special Fund created pursuant to Section 14199.62.
(f)(1)Interest shall be assessed on an applicable health plan for any amount of the managed care organization provider taxes that are not paid on the date due at a rate of 10 percent per annum. Interest shall begin to accrue the day after the date the tax payment was due and shall be deposited in the Health Care Services Special Fund created pursuant to Section 14199.62.
(2)If a tax payment is more than 60 days overdue, a penalty equal to the total accrued interest charge described in paragraph (1) shall also be assessed on the applicable health plan and due for each month for which the tax payment is not received after 60 days.
(g)(1)Subject to paragraph (2), the director may waive a portion or all of either the interest or penalties, or both, assessed under this article in the event that the director determines, in their sole discretion, that the health plan has demonstrated that imposition of the full amount of the tax pursuant to the timelines applicable under this article has a high likelihood of creating an undue financial hardship for the health plan or creates a significant financial difficulty in providing needed services to Medi-Cal beneficiaries.
(2)Waiver of some or all of the interest or penalties pursuant to this subdivision shall be conditioned on the health plan’s agreement to make tax payments on an alternative schedule developed by the department that takes into account the financial situation of the health plan and the potential impact on the delivery of services to Medi-Cal beneficiaries.
(h)In the event of a merger, acquisition, establishment, or any other similar transaction that results in the transfer of health plan responsibility for all countable enrollees under this article from a health plan to another health plan or similar entity, and that occurs at any time during which this article is operative, the resultant health plan or similar entity shall be responsible for paying the full tax amount as provided in this article that would have been the responsibility of the health plan to which that full tax amount was assessed upon the effective date of any such transaction. If a merger, acquisition, establishment, or any other similar transaction results in the transfer of health plan responsibility for only some of a health plan’s countable enrollees under this article but not all countable enrollees, the full tax amount as provided in this article shall remain the responsibility of that health plan to which that full tax amount was assessed.
14199.65.
~~(a)For each fiscal year or period, the Medi-Cal taxing tiers shall be as follows:~~
~~(1)Medi-Cal taxing tier I shall consist of all countable Medi-Cal enrollees in a health plan from zero to 4,000,000, inclusive.~~
~~(2)Medi-Cal taxing tier II shall consist of all countable Medi-Cal enrollees in a health plan greater than 4,000,000.~~
~~(b)For each fiscal year or period, the other taxing tiers shall be as follows:~~
~~(1)Other taxing tier I shall consist of all countable other enrollees in a health plan from zero to 4,000,000, inclusive.~~
~~(2)Other taxing tier II shall consist of all countable other enrollees in a health plan from 4,000,001 to 8,000,000, inclusive.~~
~~(3)Other taxing tier III shall consist of all countable other enrollees in a health plan greater than 8,000,000.~~
~~(c)For the 2019–20 fiscal year, the Medi-Cal per enrollee tax amount for each Medi-Cal taxing tier shall be as follows:~~
~~(1)The Medi-Cal per enrollee tax for Medi-Cal taxing tier I shall be forty dollars ($40).~~
~~(2)The Medi-Cal per enrollee tax for Medi-Cal taxing tier II shall be zero dollars ($0).~~
~~(d)For the 2019–20 fiscal year, the other per enrollee tax amount for each other taxing tier shall be as follows:~~
~~(1)The other per enrollee tax for the other taxing tier I shall be zero dollars ($0).~~
~~(2)The other per enrollee tax for the other taxing tier II shall be one dollar ($1).~~
~~(3)The other per enrollee tax for the other taxing tier III shall be zero dollars ($0).~~
~~(e)For the 2020–21 fiscal year, the Medi-Cal per enrollee tax amount for each Medi-Cal taxing tier shall be as follows:~~
~~(1)The Medi-Cal per enrollee tax for Medi-Cal taxing tier I shall be forty-five dollars ($45).~~
~~(2)The Medi-Cal per enrollee tax for Medi-Cal taxing tier II shall be zero dollars ($0).~~
~~(f)For the 2020–21 fiscal year, the other per enrollee tax amount for each other taxing tier shall be as follows:~~
~~(1)The other per enrollee tax for the other taxing tier I shall be zero dollars ($0).~~
~~(2)The other per enrollee tax for the other taxing tier II shall be one dollar ($1).~~
~~(3)The other per enrollee tax for the other taxing tier III shall be zero dollars ($0).~~
~~(g)For the 2021–22 fiscal year, the Medi-Cal per enrollee tax amount for each Medi-Cal taxing tier shall be as follows:~~
~~(1)The Medi-Cal per enrollee tax for Medi-Cal taxing tier I shall be fifty dollars ($50).~~
~~(2)The Medi-Cal per enrollee tax for Medi-Cal taxing tier II shall be zero dollars ($0).~~
~~(h)For the 2021–22 fiscal year, the other per enrollee tax amount for each other taxing tier shall be as follows:~~
~~(1)The other per enrollee tax for the other taxing tier I shall be zero dollars ($0).~~
~~(2)The other per enrollee tax for the other taxing tier II shall be one dollar and fifty cents ($1.50).~~
~~(3)The other per enrollee tax for the other taxing tier III shall be zero dollars ($0).~~
~~(i)For the 2022–23 fiscal period, the Medi-Cal per enrollee tax amount for each Medi-Cal taxing tier shall be as follows:~~
~~(1)The Medi-Cal per enrollee tax for Medi-Cal taxing tier I shall be fifty-five dollars ($55).~~
~~(2)The Medi-Cal per enrollee tax for Medi-Cal taxing tier II shall be zero dollars ($0).~~
~~(j)For the 2022–23 fiscal period, the other per enrollee tax amount for each other taxing tier shall be as follows:~~
~~(1)The other per enrollee tax for the other taxing tier I shall be zero dollars ($0).~~
~~(2)The other per enrollee tax for the other taxing tier II shall be one dollar and fifty cents ($1.50).~~
~~(3)The other per enrollee tax for the other taxing tier III shall be zero dollars ($0).~~
(k)For the first six months of the 2022–23 fiscal year, the tax amount for each health plan shall be the result of calculating the total annual tax amount using the base data source and the taxing tiers as described in subdivisions (i) and (j), then dividing by two.
(l)(1)The department may modify or make adjustments to any methodology, tax amount, taxing tier, or other provision specified in this article to the extent it deems necessary to meet the requirements of federal law or regulations, to obtain or maintain federal approval, or to ensure federal financial participation is available or is not otherwise jeopardized, provided the modification or adjustment does not otherwise conflict with the purposes of this article, or result in an increase in the aggregate tax amounts projected to be collected under this article that the department, in its sole discretion, determines is significant.
(2)If the department identifies that modification or adjustment is necessary in accordance with paragraph (1), the department shall consult with affected health plans, to the extent practicable, to implement that modification or adjustment.
(3)In the event of a modification or adjustment made pursuant to this subdivision, the department shall notify affected health plans, the Joint Legislative Budget Committee, the Senate Committees on Appropriations, Budget and Fiscal Review, and Health, and the Assembly Committees on Appropriations, Budget, and Health within 10 business days of that modification or adjustment.
(m)The department shall request approval from the federal Centers for Medicare and Medicaid Services as is necessary to implement this article. In making that request, the department may seek, as it deems necessary, a request for waiver of the broad-based requirement, waiver of the uniformity requirement, or both, pursuant to Section 433.68(e)(1) and (2) of Title 42 of the Code of Federal Regulations, or a request for waiver of any other provision of federal law or regulation necessary to implement this article.
(n)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement this article by means of provider bulletins, all-plan letters, or other similar instructions, without taking regulatory action. The department shall provide notification to the Joint Legislative Budget Committee and to the Senate Committees on Appropriations, Budget and Fiscal Review, and Health, and the Assembly Committees on Appropriations, Budget, and Health within 10 business days after the above-described action is taken.
14199.66.
(a)The tax assessed under this article shall become effective and operative on July 1, 2019, or the effective date, certified in writing by the director, of the federal approval necessary for receipt of federal financial participation, whichever occurs later. The director shall post the certification of federal approval on the department’s internet website and send a copy of the certification to the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, the Legislative Counsel, the State Board of Equalization, the Department of Insurance, and the Executive Officer of the Franchise Tax Board.
(b)This article shall cease to be operative the first day of the state fiscal year beginning on or after the date the director, in consultation with the Director of Finance, determines that the taxes have not met the intent as outlined in Section 14199.60, or the department has not obtained the federal approval necessary for receipt of federal financial participation. The director shall post the determination on the department’s internet website and send a copy of the determination to the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, the Legislative Counsel, the State Board of Equalization, the Department of Insurance, and the Executive Officer of the Franchise Tax Board.
(c)This article shall cease to be operative the first day of the state fiscal year beginning on or after the effective date of a final judicial determination made by any court of appellate jurisdiction or a final determination by the United States Department of Health and Human Services or the federal Centers for Medicare and Medicaid Services that the tax assessed pursuant to this article or Article 6.7 (commencing with Section 14199.50) cannot be implemented and any amount of the tax paid under this article or Article 6.7 (commencing with Section 14199.50) shall be refunded. The director shall post a notification of that final judicial determination on the department’s internet website and provide this notification to the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, the Legislative Counsel, the State Board of Equalization, the Department of Insurance, and the Executive Officer of the Franchise Tax Board.
(d)Notwithstanding this section, any tax and any applicable interest and penalties imposed under this article shall continue to be due and payable to the department until the tax and any applicable interest and penalties are fully paid.
(e)Upon execution of the declaration described in subdivision (b) or subdivision (c), the director shall implement a plan, in consultation with the Department of Finance, to end the program consistent with the purpose of the article, including the recoupment of payments made under this article if required by a final judicial determination made by any court of appellate jurisdiction or a final determination made by the United States Department of Health and Human Services or the federal Centers for Medicare and Medicaid Services.
14199.67.
~~(a)This article shall become operative on July 1, 2019, or the date specified in subdivision (a) of Section 14199.66 for purposes of assessing the tax under this article, whichever occurs later.~~
~~(b)(1)This article shall become inoperative on January 1, 2023, or on a date as specified in subdivision (b) or (c) of Section 14199.66, whichever occurs first, and as of January 1, 2024, is repealed.~~
(2)Notwithstanding paragraph (1), any tax and any applicable interest and penalties imposed under this article shall continue to be due and payable to the department until the tax and any applicable interest and penalties are fully paid.
SEC. 3.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.

0521-491—Reappropriation, Secretary of Transportation. The balances of the appropriations provided in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until January 1, 2021:
	0046—Public Transportation Account, State Transportation Fund
	(1)	Section 17 of Chapter 934 of the Statutes of 2018

4180-001-0001—For support of California Commission on Aging ........................				217,000
	Schedule:
	(1)	3930-Commission on Aging ........................	217,000

4260-101-3366—For local assistance, State Department of Health Care Services, payable fom the Electronic Cigarette Products Tax Fund				9,600,000
	Schedule:
	(1)	3960022-Benefits (Medical Care and Services)	9,600,000

4700-101-0001—For local assistance, Department of Community Services and Development ........................				0
	Schedule:
	(1)	4185-Community Services ........................	5,000,000
	(2)	Reimbursements to 4185-Community Services ........................	−5,000,000