SECTIONS 13332-13332.19

13332.  The Controller, at the request of a state institution,department, board, bureau, commission, officer, employee or otheragency for which an appropriation is made, may transfer, underprocedures established by the Department of Finance, up to 10 percentof any appropriation made to each entity, to an account establishedfor each entity within the State Expenditure Revolving Fund, which ishereby created for the purpose of the payment of payroll and otherclaims which costs are to be subsequently charged to theappropriations made to each entity in accordance with any provisionsor schedule set forth in the appropriations. No transfers in excessof 10 percent from any one appropriation may be made without theprior joint approval of the Department of Finance and the Controller. All state entities shall submit, to the Department of Finance, astatement of financial adjustment to the State Expenditure RevolvingFund no later than 30 days following the transaction month. No stateentity shall deposit funds in the State Expenditure Revolving Fundfrom local assistance or capital outlay appropriations or in excessof 10 percent of any appropriation made to the agency unless priorapproval is given by the Director of Finance and the Controller. Notwithstanding Sections 16310 and 16314, the Controller maytransfer, as necessary, from the State Expenditure Revolving Fund tothe General Fund whatever amounts are needed to meet cash needs ofthe General Fund. The Controller shall return all moneys sotransferred without payment of interest as soon as there aresufficient moneys in the General Fund. Transfers made by the Controller shall be available for the sameterm as the appropriation from which the transfer was made. Allundisbursed funds shall be returned to the appropriations from whichthey are transferred and are subject to Section 16304.1.13332.01.  Any state agency which collects funds from the federalgovernment shall include in the collections, amounts to offsetfederally allowed statewide indirect costs, as determined by theDepartment of Finance, except where prohibited by federal statutes.13332.02.  All funds recovered from the federal government to offsetstatewide indirect costs shall be transferred to the Central ServiceCost Recovery Fund or to the unappropriated surplus of the GeneralFund in a manner prescribed by the Department of Finance, unlessexpenditure of the funds is authorized by the Department of Finance.No authorization may become effective sooner than 30 days afternotification in writing of the necessity therefor to the chairpersonof the committee in each house that considers appropriations and theChairperson of the Joint Legislative Budget Committee, or not soonerthan whatever lesser time the Chairperson of the Joint LegislativeBudget Committee, or his or her designee, may in each instancedetermine. If in the judgment of the Director of Finance, a stateagency has not transferred the funds on a timely basis, the directormay certify to the Controller the amount that the agency should havetransferred to the Central Service Cost Recovery Fund or the GeneralFund, and the Controller shall transfer the funds to the CentralService Cost Recovery Fund or the General Fund.13332.03.  Whenever an appropriation has not been made to providefor recovery of general administrative costs pursuant to Article 2(commencing with Section 11270) of Chapter 3 of Part 1, a sufficientsum for that purpose shall be transferred from each affected fund bythe Controller to the Central Service Cost Recovery Fund or theunappropriated surplus of the General Fund in accordance withsubdivision (b) of Section 11274. The Controller shall make transferspursuant to this section only upon order of the Director of Finance.13332.05.  No funds may be encumbered for paying a civil serviceemployee a salary which is above the maximum of the salary range ofthe employee's present classification for a period of more than 90calendar days following termination of a career executive assignmentappointment. The intent of the Legislature in permitting paymentabove the maximum of the salary range for the 90-day period is tofacilitate the employee's adjustment to a lower salary level. Theprovisions of this section shall not apply with respect to anemployee who accepted any career executive assignment appointment onor after June 20, 1976, and before July 1, 1977, and any employeemeeting that requirement, who is otherwise eligible, shall receive asalary rate pursuant to the provisions of Rule 548.25, adopted by theState Personnel Board on May 18, 1976, based upon the highest careerexecutive assignment level held by the employee during that period.13332.06.  The California Coastal Commission, without regard tofiscal year, shall not be subject to the Statewide Cost AllocationPlan for statewide indirect costs established pursuant to Sections13332.01 and 13332.02.13332.07.  No funds shall be used to purchase furnishings for anyhouse, mobilehome, or apartment of three or more rooms other than adormitory that is rented to a state employee. This provision shallnot apply to the purchase of refrigerators, heaters, air-conditioningequipment, stoves, linoleum, or equipment normally furnished in theconstruction of a house, as may be determined by the Department ofPersonnel Administration. It is the intent of the Legislature thatfurnishings are not to be provided by the state and that no moneysshall be paid from any appropriation for their replacement or repair,except in connection with the disposal thereof.13332.09.  (a) No purchase order or other form of documentation foracquisition or replacement of motor vehicles shall be issued againstany appropriation until the Department of General Services hasinvestigated and established the necessity therefor. (b) A state agency may not acquire surplus mobile equipment fromany source for program support until the Department of GeneralServices has investigated and established the necessity therefor. (c) Notwithstanding any other provision of law, all contracts forthe acquisition of motor vehicles or general use mobile equipment fora state agency shall be made by or under the supervision of theDepartment of General Services. Pursuant to Section 10298 of thePublic Contract Code, the Department of General Services may collecta fee to offset the cost of the services provided. (d) All passenger-type motor vehicles purchased for state officersand employees, except constitutional officers, shall beAmerican-made vehicles of the light class, as defined by theCalifornia Victim Compensation and Government Claims Board, unlessexcepted by the Director of General Services on the basis of unusualrequirements, including, but not limited to, use by the CaliforniaHighway Patrol, that would justify the need for a motor vehicle of aheavier class. (e) No general use mobile equipment having an original purchaseprice of twenty-five thousand dollars ($25,000) or more shall berented or leased from a nonstate source and payment therefor madefrom any appropriation for the use of the Department ofTransportation, without the prior approval of the Department ofGeneral Services after a determination that comparable state-ownedequipment is not available, unless obtaining approval would endangerlife or property, in which case the transaction and the justificationfor not having sought prior approval shall be reported immediatelythereafter to the Department of General Services. (f) As used in this section: (1) "General use mobile equipment" means equipment that is listedin the Mobile Equipment Inventory of the State Equipment Council andthat is capable of being used by more than one state agency, andshall not be deemed to refer to equipment having a practical uselimited to the controlling state agency only. Section 575 of theVehicle Code shall have no application to this section. (2) "State agency" means a state agency, as defined pursuant toSection 11000. The University of California is requested andencouraged to have the Department of General Services perform thetasks identified in this section with respect to the acquisition orreplacement of motor vehicles by the University of California. (g) The Trustees of the California State University shall, by June30, 2008, and on or before June 30 of each year thereafter, reportto the Legislature on their motor vehicle procurement, including allof the following: (1) An inventory of motor vehicles by campus, that includes thetype of vehicle, consistent with the fleet report to the Departmentof General Services. (2) The number of motor vehicles purchased during the prior fiscalyear, disaggregated by campus and type of vehicle. (3) The average amount of time taken to complete procurement ofeach motor vehicle purchased during the prior fiscal year. (4) Any changes in policies or procedures made during the priorfiscal year relative to motor vehicle procurement and contracts forprocurement and identifying any vehicles procured pursuant to the newpolicy or procedure. (5) The estimated cost savings associated with management by theCalifornia State University of motor vehicle procurement, includingaverage time to complete procurements, reduced administrative costs,reduced charges paid to the Department of General Services, andcompetitive or reduced market prices obtained for vehicles. (h) This section shall remain in effect only until July 1, 2012,and as of that date is repealed, unless a later enacted statute, thatis enacted and becomes operative before July 1, 2012, deletes orextends that date.13332.09.  (a) No purchase order or other form of documentation foracquisition or replacement of motor vehicles shall be issued againstany appropriation until the Department of General Services hasinvestigated and established the necessity therefor. (b) A state agency may not acquire surplus mobile equipment fromany source for program support until the Department of GeneralServices has investigated and established the necessity therefor. (c) Notwithstanding any other provision of law, all contracts forthe acquisition of motor vehicles or general use mobile equipment fora state agency shall be made by or under the supervision of theDepartment of General Services. Pursuant to Section 10298 of thePublic Contract Code, the Department of General Services may collecta fee to offset the cost of the services provided. (d) All passenger-type motor vehicles purchased for state officersand employees, except constitutional officers, shall beAmerican-made vehicles of the light class, as defined by theCalifornia Victim Compensation and Government Claims Board, unlessexcepted by the Director of General Services on the basis of unusualrequirements, including, but not limited to, use by the CaliforniaHighway Patrol, that would justify the need for a motor vehicle of aheavier class. (e) No general use mobile equipment having an original purchaseprice of twenty-five thousand dollars ($25,000) or more shall berented or leased from a nonstate source and payment therefor madefrom any appropriation for the use of the Department ofTransportation, without the prior approval of the Department ofGeneral Services after a determination that comparable state-ownedequipment is not available, unless obtaining approval would endangerlife or property, in which case the transaction and the justificationfor not having sought prior approval shall be reported immediatelythereafter to the Department of General Services. (f) As used in this section: (1) "General use mobile equipment" means equipment that is listedin the Mobile Equipment Inventory of the State Equipment Council andthat is capable of being used by more than one state agency, andshall not be deemed to refer to equipment having a practical uselimited to the controlling state agency only. Section 575 of theVehicle Code shall have no application to this section. (2) "State agency" means a state agency, as defined pursuant toSection 11000, and each campus of the California State University.The University of California is requested and encouraged to have theDepartment of General Services perform the tasks identified in thissection with respect to the acquisition or replacement of motorvehicles by the University of California. (g) This section shall become operative on July 1, 2012.13332.10.  The Director of General Services may not enter into alease agreement between the state and another entity, public orprivate, in which the state is lessee if the agreement is to be forthe lease of a building or building space, or both, which will be forthe occupancy of any agency or agencies of the state with a firmlease period of five years or longer and an annual rental in excessof ten thousand dollars ($10,000), unless not less than 30 days priorto entering into the lease the Director of General Services notifiesthe chairperson of the committee in each house which considersappropriations and the Chairperson of the Joint Legislative BudgetCommittee, or his or her designee, in writing of the director'sintention to enter into the agreement, or not sooner than such lessertime as the Chairperson of the Joint Legislative Budget Committee,or his or her designee, may in each instance determine. No fundsappropriated in any Budget Act may be encumbered or expended for anylease entered into on or after July 1, 1979, for office space in theCounty of Sacramento unless all solicitations for leases for officespace in the County of Sacramento under the above-describedconditions contain the statement, "The state is anticipating capitalconstruction in the City of Sacramento and intends to eventuallyreduce the use of space on a leased basis."13332.11.  (a) (1) Except as otherwise specified in paragraph (2),no funds appropriated for capital outlay may be expended by any stateagency, including the University of California, the California StateUniversity, the California Community Colleges, and the JudicialCouncil until the Department of Finance and the State Public WorksBoard have approved preliminary plans for the project to be fundedfrom a capital outlay appropriation. (2) Paragraph (1) shall not apply to any of the following: (A) Amounts for acquisition of real property in fee, or any otherlesser interest. (B) Amounts for equipment or minor capital outlay projects. (C) Amounts appropriated for preliminary plans, surveys, andstudies. (b) Notwithstanding subdivision (a), approvals by the State PublicWorks Board and the Department of Finance for the University ofCalifornia and the California Community Colleges shall apply only tothe allocation of state capital outlay funds appropriated by theLegislature, including land acquisition and equipment funds. (c) Any appropriated amounts for working drawings or constructionwhere the working drawings or construction have been started by anystate agency prior to approval of the preliminary plans by the StatePublic Works Board shall be reverted to the fund from which theappropriation was made, as approved by the Department of Finance. Nomajor project for which a capital outlay appropriation is made shallbe put out to bid until the working drawings have been approved bythe Department of Finance. No substantial change shall be made to theapproved preliminary plans or approved working drawings withoutwritten approval by the Department of Finance. Any proposedconstruction bid alternates shall be approved by the Department ofFinance. (d) The Department of Finance shall approve the use of funds froma capital outlay appropriation for the purchase of any significantunit of equipment. (e) The State Public Works Board may augment a major project in anamount of up to 20 percent of the total of the capital outlayappropriations for the project, irrespective of whether any suchappropriation has reverted. For projects authorized through multiplefund sources, including, but not limited to, general obligation bondsand lease-revenue bonds, to the extent otherwise permissible, theDepartment of Finance shall have full authority to determine which ofthe fund sources will bear all or part of an augmentation. The boardshall defer all augmentations in excess of 20 percent of the amountappropriated for each capital outlay project until the Legislaturemakes additional funds available for the specific project. (f) In addition to the powers provided by Section 15849.6, theState Public Works Board may further increase the additional amountin Section 15849.6 to include a reasonable construction reservewithin the construction fund for any capital outlay project withoutaugmenting the project. The amount of the construction reserve shallbe within the 20 percent augmentation limitation. The board may usethis amount to augment the project, when and if necessary, after thelease revenue bonds are sold to assure completion of the project.Upon completion of the project, any amount remaining in theconstruction reserve funds shall be used to offset rental payments. (g) Augmentations in excess of 10 percent of the amountappropriated for each capital outlay project shall be reported to theChairperson of the Joint Legislative Budget Committee, or his or herdesignee, 20 days prior to board approval, or not sooner thanwhatever lesser time the chairperson, or his or her designee, may ineach instance determine. (h) (1) The Department of Finance may change the administrativelyor legislatively approved scope for major capital outlay projects. (2) If the Department of Finance changes the approved scopepursuant to paragraph (1), the department shall report the changesand associated cost implications to the Chairperson of the JointLegislative Budget Committee, the chairpersons of the respectivefiscal committees, and the legislative advisers of the State PublicWorks Board 20 days prior to the proposed board action to recognizethe scope change. (i) The State Public Works Board shall defer action with respectto approval of an acquisition project, when it is determined that theestimated cost of the total acquisition project, as approved by theLegislature is in excess of 20 percent of the amount appropriated,unless it is determined that a lesser portion of the property issufficient to meet the objectives of the project approved by theLegislature, and the Chairperson of the Joint Legislative BudgetCommittee, or his or her designee, is provided a 20-day priornotification of the proposed reductions in the acquisition project,or whatever lesser period the chairperson, or his or her designee,may in each instance determine. (j) The Department of Finance shall report to the Chairperson ofthe Joint Legislative Budget Committee, the chairpersons of therespective fiscal committees, and legislative advisers of the StatePublic Works Board 20 days prior to the proposed board approval ofpreliminary plans when it is determined that the estimated cost ofthe total capital outlay construction project is in excess of 20percent of the amount recognized by the Legislature. (k) Nothing in this section shall be construed to limit or controlthe Department of Transportation or the California Exposition andState Fair in the expenditure of all funds appropriated to thedepartment for capital outlay purposes.13332.11.1.  Notwithstanding Section 13332.11, the expenditure bythe Department of Water Resources of funds appropriated pursuant toSection 5096.821 or 75032 of the Public Resources Code is not subjectto the approval of the State Public Works Board if either of thefollowing applies to the expenditure: (a) The department is performing work pursuant to an emergency. (b) The department does all of the following: (1) Obtains engineering review of the proposed project from theUnited States Army Corps of Engineers. (2) Obtains engineering review of the proposed project from anindependent board of consultants for any project with a constructioncost exceeding five million dollars ($5,000,000). (3) Provides a written report to the Reclamation Board. (4) Provides information on the project expenditure to theLegislature in a semiannual report due on April 1 and October 1 eachyear. (5) Provides written notification to the Legislature if funds aremade available by Section 75032 of the Public Resources Code to pay aproject cost increase for which the Legislature has not otherwisebeen notified in writing.13332.12.  (a) Any acquisition of land or other real propertyauthorized in any appropriation, except an appropriation from theCalifornia Water Fund and an appropriation to the Department ofTransportation for capital outlay purposes, shall be subject to theprovisions of the Property Acquisition Law. Nothing in this sectionshall be construed as exempting the California Coastal Commissionfrom this section. (b) All property acquisitions, including those exempted pursuantto subdivision (a), shall be reported to the State Public WorksBoard.13332.13.  The Controller may not disburse funds from anyappropriation for acquisition made to the Department of Parks andRecreation to pay for any property rights, however secured orreceived, until the State Public Works Board has approved thetransaction. In addition, the Attorney General and the Department ofGeneral Services shall inform the State Public Works Board of everyaction in inverse condemnation served upon either or both of them,which pertains to any acquisition for the state park system, byplacing an item on the board's agenda.13332.14.  No expenditures for park furnishings shall be made unlessthe Department of Parks and Recreation has made reasonable effortsto acquire the furnishings on a consolidated procurement basis orthrough California Conservation Corps labor.13332.15.  No appropriation may be combined or used in any manner toavoid budgeting the salary or operating expenses of any position orto achieve any purpose which has been denied by any formal action ofthe Legislature.13332.16.  This article shall not apply to appropriations to theLegislature, the Legislative Counsel Bureau, the Bureau of StateAudits, the California Commission on Uniform State Laws, or theCalifornia Law Revision Commission.13332.17.  Purchase estimates for supplies or equipment submitted tothe Department of General Services pursuant to Section 10311 of thePublic Contract Code received during the last 90 days of a fiscalyear and for which a purchase order award is pending at the end ofthat fiscal year, may be awarded during the initial 90 days of thesubsequent fiscal year. The 90-day period shall be extendedcommensurate with the time required to resolve any protest filedpursuant to Section 10306 of the Public Contract Code. Notwithstanding any other provision of law and regardless of thedate of receipt of the materials, supplies or equipment, the date ofexpenditure and encumbrance for a purchase authorized by this sectionshall be construed to be the last day of the fiscal year in whichthe purchase estimate is received by the department. A purchase orderawarded in accordance with the provisions of this section shall citethis section and the actual date of award.13332.18.  (a) Notwithstanding any other provision of law, andexcept as specified in subdivision (b), revenues derived from theassessment of fines and penalties by any state agency shall not beexpended unless the Legislature specifically provides authority forthe expenditure of these funds in the annual Budget Act or otherlegislation. A fine or penalty is a charge imposed by an agency ordepartment for wrongdoing, in excess of the cost of investigating,processing, or prosecuting the conduct for which the charge isassessed, or the cost of collecting it. A charge reasonably relatedto a service provided by a department or agency is not a fine orpenalty for purposes of this section. (b) This section shall not apply to the following: (1) Any governmental cost fund if the use of revenues subject tothis section that are deposited in that fund for General Fundpurposes is prohibited by the California Constitution or the UnitedStates Constitution. (2) Late charges collected by state agencies. (3) Funds collected by a state agency that are required to bemaintained by that agency for purposes of administration of a federalprogram. (4) A fund established for restitution to victims of the conductfor which the fine or penalty was imposed or for repairing damage tothe environment caused by the conduct for which the fine or penaltywas imposed. (5) The following funds, though the omission of any other fundfrom the list contained in this paragraph shall not be grounds forinferring the applicability of this section: (A) The Fish and Game Preservation Fund. (B) The Restitution Fund. (C) The Peace Officers' Training Fund. (D) The Driver Training Penalty Assessment Fund. (E) The Corrections Training Fund. (F) The Local Public Prosecutors and Public Defenders TrainingFund. (G) The Victim-Witness Injury Fund. (H) The Traumatic Brain Injury Fund. (I) The Industrial Relations Construction Industry EnforcementFund. (J) The Workplace Health and Safety Revolving Fund. (K) The Oil Spill Response Trust Fund. (L) The Oil Spill Prevention and Administration Fund. (M) The Environmental Enhancement Fund. (N) The Recovery Account of the Real Estate Fund. (O) The Motor Vehicle Account in the State Transportation Fund. (P) The State Highway Account in the State Transportation Fund. (Q) The Motor Vehicle License Fee Account in the TransportationTax Fund. (R) Funds for programs established pursuant to the Food andAgricultural Code that can be terminated through an industryreferendum vote. (c) For the purposes of this section, revenues derived from theassessment of fines and penalties includes interest accrued from theassessment of the fines and penalties.13332.19.  (a) For the purposes of this section, the followingdefinitions shall apply: (1) "Design-build" means a construction procurement process inwhich both the design and construction of a project are procured froma single entity. (2) "Design-build project" means a capital outlay project usingthe design-build construction procurement process. (3) "Design-build entity" means a partnership, corporation, orother legal entity that is able to provide appropriately licensedcontracting, architectural, and engineering services as needed. (4) "Design-build solicitation package" means the performancecriteria, any concept drawings, the form of contract, and all otherdocuments and information that serve as the basis on which bids orproposals will be solicited from the design-build entities. (5) "Design-build phase" means the period following the award of acontract to a design-build entity in which the design-build entitycompletes the design and construction activities necessary to fullycomplete the project in compliance with the terms of the contract. (6) "Performance criteria" means the information that fullydescribes the scope of the proposed project and includes, but is notlimited to, the size, type, and design character of the buildings andsite; the required form, fit, function, operational requirements,and quality of design, materials, equipment, and workmanship; and anyother information deemed necessary to sufficiently describe thestate's needs. (7) "Concept drawings" means any schematic drawings orarchitectural renderings that are prepared, in addition toperformance criteria, in such detail as is necessary to sufficientlydescribe the state's needs. (b) Except as otherwise specified in paragraphs (1) to (4),inclusive, no funds appropriated for a design-build project may beexpended by any state agency, including, but not limited to, theUniversity of California, the California State University, theCalifornia Community Colleges, and the Judicial Council, until theDepartment of Finance and the State Public Works Board have approvedperformance criteria or performance criteria and concept drawings forthe project. This section shall not apply to any of the following: (1) Amounts for acquisition of real property, in fee or any lesserinterest. (2) Amounts for equipment or minor capital outlay projects. (3) Amounts appropriated for performance criteria and conceptdrawings. (4) Amounts appropriated for preliminary plans, if theappropriation was made prior to January 1, 2005. (c) Any appropriated amounts for the design-build phase of adesign-build project, where funds have been expended on thedesign-build phase by any state agency prior to the approval of theperformance criteria or the performance criteria and concept drawingsby the State Public Works Board, and all amounts not approved by theboard under this section shall be reverted to the fund from whichthe appropriation was made. No design-build project for which acapital outlay appropriation is made shall be put out to design-buildsolicitation until the bid package has been approved by theDepartment of Finance. No substantial change shall be made to theperformance criteria or to performance criteria and concept drawingsas approved by the board and the Department of Finance withoutwritten approval by the Department of Finance. Any proposed bid orproposal alternates set forth in the design-build solicitationpackage shall be approved by the Department of Finance. (d) The State Public Works Board may augment a design-buildproject in an amount of up to 20 percent of the capital outlayappropriations for the project, irrespective of whether any suchappropriation has reverted. For projects authorized through multiplefund sources, including, but not limited to, general obligation bondsand lease-revenue bonds, to the extent permissible, the Departmentof Finance shall have full authority to determine which of the fundsources will bear all or part of an augmentation. The board shalldefer all augmentations in excess of 20 percent of the amountappropriated for each design-build project until the Legislaturemakes additional funds available for the specific project. (e) In addition to the powers provided by Section 15849.6, theState Public Works Board may further increase the additional amountin Section 15849.6 to include a reasonable construction reservewithin the construction fund for any capital outlay project withoutaugmenting the project. The amount of the construction reserve shallbe within the 20 percent augmentation limitation. The board may usethis amount to augment the project, when and if necessary, after thelease-revenue bonds are sold to assure completion of the project.Upon completion of the project, any amount remaining in theconstruction reserve fund shall be used to offset rental payments. (f) Any augmentation in excess of 10 percent of the amountsappropriated for each design-build project shall be reported to theChairperson of the Joint Legislative Budget Committee, or his or herdesignee, 20 days prior to board approval, or not sooner thanwhatever lesser time the chairperson, or his or her designee, may ineach instance determine. (g) (1) The Department of Finance may change the administrativelyor legislatively approved scope for major design-build projects. (2) If the Department of Finance changes the approved scopepursuant to paragraph (1), the department shall report the changesand associated cost implications to the Chairperson of the JointLegislative Budget Committee, the chairpersons of the respectivefiscal committees, and the legislative members of the State PublicWorks Board 20 days prior to the proposed board action to recognizethe scope change. (h) The Department of Finance shall report to the Chairperson ofthe Joint Legislative Budget Committee, the chairpersons of therespective fiscal committees, and the legislative members of theState Public Works Board 20 days prior to the proposed board approvalof performance criteria or performance criteria and concept drawingsfor any project when it is determined that the estimated cost of thetotal design-build project is in excess of 20 percent of the amountrecognized by the Legislature.