August 2, 2004 TO: AGENCY SECRETARIES The Supplemental Report of the 2004 Budget Act, dated July 2004, is now available on the Legislative Analyst’s Office’s Web site at www.lao.ca.gov. This report contains statements of legislative intent that were adopted by the conference committee on the 2004 Budget. Please distribute your responses to the supplemental report, as follows: 17 copies to: Hon. Wesley Chesbro, Chair of the Joint Legislative Budget Committee (JLBC), Room 5100, State Capitol, Sacramento, CA 95814, for distribution to the JLBC Members. One copy to the Legislative Analyst's Office. One copy each to: Mr. E. Dotson Wilson, Chief Clerk of the Assembly, Room 3196, State Capitol, Sacramento, CA 95814; Mr. Gregory Schmidt, Secretary of the Senate, Room 400, Sacramento, CA 95814; and Ms. Diane Boyer-Vine, Legislative Counsel, 925 L Street, Suite 900 (Attn. Ms. Diane Anderson), Sacramento, CA 95814. In your transmittal letter to Senator Chesbro, please cite the complete budget item number(s) and the budget year to which the response relates. If you have any questions, you may contact our office at (916) 445-4656. Sincerely, Hadley Johnson, Jr. Deputy Legislative Analyst |
Legislative, Judicial, Executive
Item 04501110001—Trial
Court Funding
Item 05400010140—Secretary
for Resources
Item
0860-001-0001—Board of Equalization
Item
1730-001-0001—Franchise Tax Board
Item
1760-001-0666—Department of General Services
Item
1900-015-0830—Public Employees’ Retirement System
Item
1920-001-0835—State Teachers’ Retirement System
Item
3790-001-0001—Department of Parks and Recreation
Item 38100010401—Santa
Monica Mountains Conservancy
Item
3840-001-0516—Delta Protection Commission
Item
3860-001-0001—Department of Water Resources
Item
3870—California Bay-Delta Authority
Item
3940-001-0001—State Water Resources Control Board
Item
5240-001-0001—California Department of Corrections
Item
6440-001-0001—University of California.
Item
6610-001-0001—California State University
Item
8570-001-0001—Department of Food and Agriculture
Item
8570-002-0001—Department of Food and Agriculture
Item
8660-001-0462—California Public Utilities Commission
Item 02503013037—Judiciary—Capital
Outlay
Item 08203010660—Department
of Justice—Capital Outlay
Item 17603010768—Department
of General Services—Capital Outlay
Item 26603110042—Department
of Transportation—Capital Outlay
Item 27403010044—Department
of Motor Vehicles—Capital Outlay
Item
3540-301-0001—Department of Forestry and Fire Protection—
Capital Outlay
Item 35403010660—Department
of Forestry and Fire Protection—
Capital Outlay
Item 37903010005—Department
of Parks and Recreation— Capital Outlay
Item
3790-301-0263—Department of Parks and Recreation— Capital Outlay
Item
3790-301-6029—Department of Parks and Recreation— Capital Outlay
Item 44403010001—Department
of Mental Health—Capital Outlay
Item 52403010001—Department
of Corrections—Capital Outlay
Item 61103010660—Department
of Education—Capital Outlay
Item
6440-301-0660—University of California—Capital Outlay
Item 64403016041—University
of California—Capital Outlay
Item 64403026041—University
of California—Capital Outlay
Item 66103016041—California
State University—Capital Outlay
Item 66103026041—California
State University—Capital Outlay
Item
6870-301-0574—California Community Colleges—Capital Outlay
Item
6870-301-6028—California Community Colleges—Capital Outlay
Item 68703016041—California
Community Colleges—Capital Outlay
Item 85703010042—Department
of Food and Agriculture— Capital Outlay
Item 85703010111–Department
of Food and Agriculture— Capital Outlay
Item
8570-301-0660—Department of Food and Agriculture— Capital Outlay
Item
8940–301–0001—Military Department—Capital Outlay
Item 89403010890—Military
Department—Capital Outlay
1. Trial Court Budget Development. It is the intent of the Legislature that in recognition of the Judicial Branch as a third and distinctly separate but equal branch of state government and to ensure that trial court baseline funding is provided at a level sufficient to support annual court operations the Judicial Council shall in collaboration with the Department of Finance and the Legislative Analyst’s Office, to the extent possible, develop an improved budgeting process. This effort shall include, but not limited to, the development of a workload staffing and resource model, determining court operational efficiencies and best practices, establishing desired court system outcomes and qualitative goals, developing a methodology for making baseline adjustments to trial court funding for mandatory cost items which may include costs which are typically adjusted in the current fiscal year for executive branch agencies, and establishing a mechanism to identify actual expenditures for prior year costs and develop a method by which these costs might be considered in the development of future budgets.
The Judicial Council shall report to the Joint Legislative Budget Committee no later than June 30, 2005, the results of this collaboration and the feasibility of utilizing the improved court budgeting process in the development of the 200607 Governor’s Budget.
1. Assessment of Response to Issues Raised in Audit. The Resources Agency, in consultation with the Department of Finance and the Santa Monica Mountains Conservancy, shall assess actions taken by the Conservancy to address issues raised in the May 4, 2004 Department of Finance Management Letter and the Conservancy’s responses thereto. The Agency shall provide a supplemental report to the Legislature by January 10, 2005 with respect to such review. This report shall be in addition to the regular audit by the Department of Finance, which the Department shall provide to the Legislature no later than April 1, 2005.
1. Administrative Costs Allocation. The Board of Equalization (BOE) shall provide to the Chair of the Joint Legislative Budget Committee (JLBC) and chairs of the fiscal committees of the Legislature by December 1, 2004, a report that provides an analysis of methodological approaches to allocating the administrative costs of collecting the sales and use tax and the transactions and use tax among and between the state General Fund, special funds, Bradley Burns, and local option taxes. The analysis and report shall be prepared in consultation with the Legislative Analyst’s Office, the Department of Finance (DOF), and appropriate local government representatives and shall contain detailed information regarding cost allocation methodologies for various activities based on workload or other factors, including their fiscal implications.
2. Field Offices. The BOE shall provide to the Chair of the JLBC and the chairs of the fiscal committees of the Legislature by December 1, 2004, a report containing the following information: (1) unit costs of providing taxpayer services and audit and collection activities at the BOE’s 27 field offices; (2) net annual budgetary benefits of consolidating or closing four BOE field offices (one in each BOE district); (3) estimated impact on all BOE-collected tax revenues from field office consolidations or closures identified in (2) above; and (4) net annual benefits of reducing or eliminating the Houston office of BOE. Data provided shall include one-time and ongoing budgetary and revenue impacts. The information shall also be provided to the DOF.
1. Independent
Contractor Withholding. The Franchise Tax Board, in consultation with
the Employment Development Department and the Legislative Analyst’s Office,
shall provide to the Chair of the Joint Legislative Budget Committee and the
chairs of the fiscal committees of both houses of the Legislature, a report on
withholding on payments to independent contractors including all employees that
file a Form 1099. The report shall consist of a detailed description of procedures
and processes involved in payment withholding, and address the various administrative
and policy issues associated with state adoption of such a program, including
the agency that would administer the program. The report shall include, but not
be limited to, analysis regarding: (1) withholding rates,
(2) threshold levels, (3) over-withholding issues, (4) penalties
associated with failure to withhold, (5) waiver processes, (6) types
of businesses and workers that would be affected, (7) estimated revenues
due to compliance and acceleration, and (8) withholding policies in other
states and by the federal government. The report is to be submitted to the
Legislature by October 1, 2004, and a copy provided to the Department of
Finance.
1. Lease Occupancy. The Department of General Services (DGS) shall conduct a statewide survey of tenant occupancy in state-owned facilities that it operates and maintains. The DGS shall report, by April 1, 2005, its findings to the chairs of the budget subcommittees in each house and the Chair of the Joint Legislative Budget Committee. The report shall include: (a) department-specific information regarding excess space, caused by reductions in staff or programs, within state facilities in standard rental rate and individual rate buildings; (b) all requests by individual departments in standard rental rate buildings, and individual rate buildings, to reduce office space occupancy due to reduced staffing needs.
1. Investment Plan. The Public Employees' Retirement System shall develop an enterprise-wide action plan for investment of the agency’s funds. This report shall be completed by and reported to each house of the Legislature by July 15, 2004. It is the intent of the Legislature to hold a hearing on this issue prior to July 30, 2004.
1. Investment Plan. The State Teachers' Retirement System shall develop an enterprise-wide action plan for investment of the agency’s funds. This report shall be completed by and reported to each house of the Legislature by July 15, 2004. It is the intent of the Legislature to hold a hearing on this issue prior to July 30, 2004.
1. Fee Structure.
a. The Department of Parks and Recreation shall, on or before January 10, 2005, submit to the budget and fiscal committees of both houses and the Legislative Analyst’s Office a report on its progress in implementing a new fee structure for the Department of Parks and Recreation. The report shall include:
Fee schedule for all units of the state park system.
Actual monthly revenue collections for day use, camping, and other fees through October 2004.
An analysis, based on actual revenues received to date, on whether the department will reach its total revenue projections as enacted in the 2004-05 Budget Act.
Monthly visitor attendance for 2003-04 and 2004-05 (to date).
b. It is the intent of the Legislature that the setting and collecting of park fees should be guided by the following policy parameters:
The Role of Fees in State Park Funding. Funding for state parks should include a reasonable sharing of costs between the users of state parks and the general public.
Fee Structure Should Include Differential Pricing. The fee structure should reflect the different levels of service and facilities that are offered by state parks.
Fees Should Be Comparable With the Fees of Similarly Situated Recreational Providers. Fees for the use of state parks should be comparable with the fees for the use of similar privately and publicly owned facilities in the vicinity of the state park.
Fee Collection Should Be User-Friendly and Convenient to Park Users. Visitors should be offered convenient methods of payment (such as automated fee machines and payment) in order to facilitate fee collection.
Fees Should Be Used to Support Deferred Maintenance When Feasible. The department should maintain a portion of the fee revenues when feasible at the site where they are collected in order to address deferred maintenance needs.
2. Concession Contracts. Pursuant to Public Resources Code Section 5080.20, the following concession proposals are approved as described below:
a.
The proposed provisions of the new concession contract include a capital investment of at least $400,000 to replace the existing store building; creating space for a park visitor center as well as store facilities. The minimum annual rent will be $150,000, or 10 percent of gross sales, whichever is greater.
b.
The proposed provisions of the new concession contract include a minimum rent of approximately $55,000 annually, or 11 percent of monthly gross sales, whichever is greater and adjusted annually by the Consumer Price Index. Minimum facility improvement costs may be required as part of this contract and will be $210,000 for the refurbishment of the concession facility and group picnic areas.
c.
The proposed provisions of
the new concession contract include a minimum rent of $140,500, or 7.5 percent
of gross sales up to $500,000 plus up to 10 percent of annual gross sales in
excess of $500,000 plus 2 percent of fuel and oil sales, whichever is greater; and a minimum capital investment of
$3,000,000 to $5,000,000 for facility improvements and related furnishings and
equipment.
d.
The proposed provisions of the new concession contract will include a
minimum annual rent of approximately $60,000, or 7 percent of all annual gross
receipts excluding the grow receipts from fuel; plus 2 percent of the fuel
monthly gross receipts, whichever is greater; and an approximate capital investment
of $2,700,000 for facility improvements and related furnishings and equipment.
The facility improvements will include the installation of a new marina and the
renovation of the restaurant, marine store, and boat storage area.
e.
The proposed provisions of
the new concession contract include an initial investment of at least $895,000
to provide eight all wheel drive vehicles, and pay a minimum annual rent of
$50,000, or 10 percent of gross sales, whichever is greater.
f.
The proposed provisions of
the new concession contract include an initial investment of at least
$1,545,000 to provide up to 300 ATVs and rider safety equipment. The minimum
annual rent will be $100,000, or 10 percent of gross sales, whichever is
greater.
g.
The proposed provisions of
the new concession contract include a theater concession supporting the
interpretive mission of the park, minimum rent of $40,000 annually, or 3
percent of annual gross sales, whichever is greater and adjusted annually based
on the Consumer Price Index. Minimum capital improvement costs required as part
of this contract will be $370,000 for the design, construction of interior and
exterior improvements and finishes, including improvements necessary to comply
with the Americans With Disabilities Act.
h.
The proposed provisions of
the new concession contract include a minimum annual rent the greater of
$100,000, or 14 percent of gross receipts for the four beach stands, and the
greater of $600,000, or 8 percent of the gross receipts for the café.
Final contract execution
will be dependent on renewal or extension of the current operating agreement
between the state and the City of
3. Operating Agreements. Pursuant to Public Resources Code Section 5080.40, the following operating agreement proposals are approved as described below:
a.
The operating agreement will continue public recreation services that have been in place since 1948.
b. Drum
Barracks—City of
The operating agreement will continue public recreation services that have been in place since 1987.
c.
The operating agreement will continue public recreation services that have been in place since 1959.
d.
The operating agreement will continue public recreation services that have been in place since 1949.
e.
The operating agreement will continue public recreation services that have been in place since 1949.
1. Assessment of Response to Issues Raised in Audit. The Resources Agency, in consultation with the Department of Finance and the Santa Monica Mountains Conservancy, shall assess actions taken by the Conservancy to address issues raised in the May 4, 2004 Department of Finance Management Letter and the Conservancy’s responses thereto. The Agency shall provide a supplemental report to the Legislature by January 10, 2005 with respect to such review. This report shall be in addition to the regular audit by the Department of Finance, which the Department shall provide to the Legislature no later than April 1, 2005.
1. Resource Management Plan Update. The Delta Protection Commission shall report to the Legislature, on or before January 10, 2005, on the status of its review of the resource management plan, or “Delta Plan, “ including its efforts to identify changes and growth pressures within the Primary Zone, and lands within the Secondary Zone, the development of which impacts the resources of the Primary Zone.
1. Funding Flood Management. No later than January 10, 2005, the Department of Water Resources shall submit a report to the Legislature on the following: (a) Findings and recommendations on prioritizing short- and long-term flood management expenditures for the entire state in light of the Paterno decision, including potential amendments to current law, and (b) Options for funding these recommendations given the reduced availability of General Fund resources to fund flood management activities.
1. CALFED Bay-Delta Program’s Cross-Cut Budget. It is the intent of the Legislature that total expenditures for the CALFED Bay-Delta Program (state funds and federal reimbursements) in 2004-05 be allocated among the program’s elements as follows:
Ecosystem
Restoration $101,346,000
California Bay-Delta Authority
Item 3870-001-0001 $246,000
Item 3870-001-6031 $5,750,000
Department of Fish and Game
Item 3600-001-0001 $700,000
Item 3600-001-0890 $295,000
Item 3600-001-6031 $73,303,000
Department of Water Resources
Item 3860-001-0404 $1,573,000
Item 3860-001-6026 $10,016,000
Item 3860-001-6031 $2,132,000
State Water Project Funds $7,331,000
Environmental
Water Account $35,525,000
California Bay-Delta Authority
Item 3870-001-0001 $27,000
Department of Fish and Game
Item 3600-001-6031 $160,000
Department of Water Resources
Item 3860-001-6031 $32,338,000
Water Use
Efficiency $35,192,000
California Bay-Delta Authority
Item 3870-001-0001 $333,000
Department of Water Resources
Item 3860-001-0001 $1,111,000
Item 3860-001-0465 $1,696,000
Item 3860-001-6023 $358,000
Item 3860-101-6023 $8,282,000
Item 3860-001-6031 $845,000
State Water Resources Control Board
Item 3940-001-6031 $878,000
Item 3940-101-0419 $21,689,000
Water
Transfers $604,000
Department of Water Resources
Item 3860-001-0001 $460,000
State Water Resources Control Board
Item 3940-001-3058 $144,000
Watershed $28,608,000
California Bay-Delta Authority
Item 3870-001-0001 $117,000
Item 3870-001-6031 $3,806,000
California Department of Forestry and Fire Protection
Item 3540-001-6031 $240,000
Department of Conservation
Item 3480-001-6031 $3,225,000
Department of Water Resources
Item 3860-001-6031 $1,935,000
Item 3860-101-6031 $19,000,000
State Water Resources Control Board
Item 3940-001-6031 $285,000
Drinking
Water Quality $2,705,000
California Bay-Delta Authority
Item 3870-001-0001 $150,000
Department of Water Resources
Item 3860-001-0001 $81,000
Item 3860-001-6026 $1,777,000
Item 3860-001-6031 $161,000
State Water Resources Control Board
Item 3940-001-6031 $536,000
Levees $21,778,000
California Bay-Delta Authority
Item 3870-001-0001 $14,000
Department of Water Resources
Item 3860-001-6031 $4,574,000
Item 3860-101-6031 $16,817,000
State Water Project Funds $373,000
Storage $108,833,000
California Bay-Delta Authority
Item 3870-001-0001 $271,000
Department of Fish and Game
Item 3600-001-6031 $335,000
Department of Water Resources
Item 3860-001-0890 $3,607,000
Item 3860-001-6023 $157,000
Item 3860-001-6025 $1,300,000
Item 3860-101-6025 $77,336,000
Item 3860-001-6027 $431,000
Item 3860-001-6031 $18,996,000
Item 3860-101-6031 $6,400,000
Conveyance $49,593,000
California Bay-Delta Authority
Item 3870-001-0001 $481,000
Department of Fish and Game
Item 3600-001-0001 $95,000
Department of Water Resources
Item 3860-001-0001 $465,000
Item 3860-001-6026 $22,478,000
State Water Project Funds $26,074,000
Science $24,832,000
California Bay-Delta Authority
Item 3870-001-0001 $3,000
Item 3870-001-6031 $13,064,000
Department of Fish and Game
Item 3600-001-0200 $771,000
Item 3600-001-0890 $463,000
Item 3600-001-6031 $300,000
Department of Water Resources
Item 3860-001-0890 $2,000,000
Item 3860-001-6026 $2,030,000
State Water Project Funds $6,201,000
Water Supply
Reliability $1,834,000
Department of Water Resources
Item 3860-001-6031 $1,834,000
Oversight and
Coordination $12,231,000
California Bay-Delta Authority
Item 3870-001-0001 $6,618,000
Item 3870-001-0890 $5,000,000
Department of Conservation
Item 3480-001-0001 $96,000
Department of Fish and Game
Item 3600-001-0001 $166,000
Department of Water Resources
Item 3860-001-0001 $263,000
Item 3820-001-0001 $88,000
California
Bay-Delta Program Total $420,081,000
2. The CALFED Science Program.
(a) The science program (implemented by the California Bay-Delta Authority) shall, by January 10, 2005, report to the Legislature with a plan to develop and implement a research agenda designed to answer the following questions:
(i) How much water is necessary for the full recovery of all delta dependent fish species designated on either the state or federal endangered species lists as either endangered or threatened? To what extent, if at all, is this amount of water in addition to that which is provided under the current regulatory regimen?
(ii) What time of year is the additional water identified in (i) needed?
(iii) Are there other characteristics of the additional water identified in (i), such as temperature, that are critical to recovery of these species, and if so what are those characteristics?
(b) As part of the research agenda described in (a), the science program may address any other questions related to the water needs of threatened or endangered fish that the science program deems appropriate.
1. Agriculture
Water Quality. (a) On or before
December 31, 2004, the State Water Resources Control Board shall prepare and
submit to the appropriate policy and fiscal committees of the Legislature a
report setting forth its recommendations for any legislation and budgetary
actions that would identify and maximize state and federal funding
opportunities to assist in addressing the adverse environmental impacts of
agricultural activities and operations. In preparing the report, the board
shall consult with the appropriate entities within the California Environmental
Protection Agency and the Department of Food and Agriculture. The report shall
include recommendations on how the State of
1. Reimbursement for Non-Contract Emergency Services. At the time of the 2005 May Revision, the Legislative Analyst’s Office (LAO) shall provide the budget committees an update on the implementation of emergency services reimbursement rates for non-contract hospitals by the California Department of Corrections. To the extent feasible, the Analyst should assess the reimbursement process, focusing on its impact on affected health care providers as well as its impact on expenditures for emergency inmate health care services. The California Department of Corrections shall provide the LAO with any information needed to meet this requirement.
1. One Percent Salary Increase Calculations. It is the intent of the Legislature that the University of California (UC) prepare and submit an annual report showing the cost of a 1 percent pay increase for various categories of employees within UC. For each employee category, the report shall show (a) the overall 1 percent figure and (b) the share of the 1 percent paid from the state General Fund and the share from other fund sources. (In addition to the state General Fund, UC employees are paid from a variety of other fund sources.) In addition, the report shall show the number of full-time equivalent employees within each specified category. The report shall provide the 1 percent calculations for the following categories:
Tenure track faculty.
Nontenure track faculty.
Each category of employee group represented by a labor union.
All other nonrepresented university-wide and campus employees.
All other nonrepresented UC hospital employees and Energy Lab employees.
The report shall provide sufficient detail to show the 1 percent calculation algorithm including, for example, the effect of savings due to turnover and vacant positions in each category. This report shall be submitted annually to the appropriate fiscal and policy committees of the Legislature, the Department of Finance, and the Legislative Analyst’s Office by February.
1. Academic Support. It is the intent of the Legislature that reductions to the California State University (CSU) budget in 200405 be implemented to protect, to the greatest extent possible, the CSU’s primary educational mission of undergraduate and graduate instruction, as defined in Education Code Section 66010.4.
1. Use of Antibiotics on Farm Animals. On or before June 1, 2005, the department shall do all of the following:
(a) Collect information from manufacturers of animal feed and of oral and injectable antibiotics used in farm animals to determine the amounts of those antibiotics used in the agricultural and veterinary setting.
(b) In consultation and cooperation with the Department of Health Services, evaluate and report to the appropriate policy and fiscal committees of the Legislature on the use of antibiotics in the agricultural and veterinary setting and its impacts on human antibiotic resistance.
1. Funding Options for Medfly Program. In order to build on the department’s efforts to evaluate funding options for the Mediterranean Fruit Fly Exclusion Program as described in the 2003 report entitled Preventing Biological Pollution: The Mediterranean Fruit Fly Exclusion Program, the Legislative Analyst’s Office, in consultation with the department, shall: (a) Review the department’s 2003 report Preventing Biological Pollution: The Mediterranean Fruit Fly Exclusion Program and provide comments; (b) identify and evaluate additional options to fund the program, if available; (c) further research Option 6, “Assess International Travelers and Commerce” in the report Preventing Biological Pollution: The Mediterranean Fruit Fly Exclusion Program. Describe all feasible means to assess fees on international travelers and commerce in detail, including any necessary legislation.
In addition, the department shall demonstrate every budget year that they have exhausted federal funding options.
1.
(a) An assessment of barriers to full participation in the CTF Program among intended beneficiaries, including recommended options to encourage all eligible entities to fully utilize advanced telecommunications services.
(b) An update on changes made to the program to improve the timely review and processing of CTF applications from customers and claims from telecommunications carriers.
(c) Recommendations for alternative uses for CTF funds to most effectively address the Digital Divide, including examining ways to encourage the deployment of advanced telecommunications services to all eligible customers.
(d) The anticipated effects of limiting California Teleconnect Fund discounts to the remaining portion of telecommunications costs after federal E-Rate discounts are applied for schools and libraries, including an assessment of disparities in these effects.
(e) The effects of applying the federal E-Rate needs-based sliding scale to CTF discounts for schools.
(f) An estimate of the surcharge level needed to meet the needs of the CTF program under each recommendation made related to the CTF program.