SECTIONS 17572-17574.5

17572.  The Legislature finds and declares all of the following: (a) Early settlement of mandate claims will allow the commissionto focus its efforts on rendering sound quasi-judicial decisionsregarding complicated disputes over the existence of state-mandatedlocal programs. (b) Early settlement of mandate claims will provide timelyinformation to the Legislature regarding local costs of staterequirements and timely reimbursement to local agencies or schooldistricts. (c) It is the intent of the Legislature to provide for an orderlyprocess for settling mandate claims in which the parties are insubstantial agreement. Nothing in this article diminishes the rightof a local agency or school district that chooses not to acceptreimbursement pursuant to this article from filing a test claim withthe commission or taking other steps to obtain reimbursement pursuantto Section 6 of Article XIII B of the California Constitution.17573.  (a) Notwithstanding Section 17551, the Department of Financeand a local agency, school district, or statewide association mayjointly request of the chairpersons of the committees in each houseof the Legislature that consider appropriations, and the chairpersonsof the committees and appropriate subcommittees in each house of theLegislature that consider the State Budget, that the Legislature (1)determine that a statute or executive order, or portion thereof,mandates a new program or higher level of service requiringreimbursement of local governments pursuant to Section 6 of ArticleXIII B of the California Constitution, (2) establish a reimbursementmethodology, and (3) appropriate funds for reimbursement of costs.For purposes of this section, "statewide association" includes astatewide association representing local agencies or schooldistricts, as defined in Sections 17518 and 17519. (b) The statute of limitations specified in Section 17551 shall betolled from the date a local agency, school district, or statewideassociation contacts the Department of Finance or responds to aDepartment of Finance request to initiate a joint request for alegislatively determined mandate pursuant to subdivision (a), to (1)the date that the Budget Act for the subsequent fiscal year isadopted if a joint request is submitted pursuant to subdivision (a),or (2) the date on which the Department of Finance, or a localagency, school district, or statewide association notifies the otherparty of its decision not to submit a joint request. A local agency,school district, or statewide association, or the Department ofFinance shall provide written notification to the commission of eachof these dates. (c) A joint request made under subdivision (a) shall be in writingand include all of the following: (1) Identification of those provisions of the statute or executiveorder, or portion thereof, that mandate a new program or higherlevel of service requiring reimbursement of local agencies or schooldistricts pursuant to Section 6 of Article XIII B of the CaliforniaConstitution, a proposed reimbursement methodology, and the period ofreimbursement. (2) A list of eligible claimants and a statewide estimate for theinitial claiming period and annual dollar amount necessary toreimburse local agencies or school districts to comply with thatstatute or executive order that mandates a new program or higherlevel of service. (3) Documentation of significant support among local agencies orschool districts for the proposed reimbursement methodology,including, but not limited to, endorsements by statewide associationsand letters of approval from local agencies or school districts. (d) A joint request authorized by this section may be submitted tothe Legislature pursuant to subdivision (a) at any time afterenactment of a statute or issuance of an executive order, regardlessof whether a test claim on the same statute or executive order ispending with the commission. If a test claim is pending before thecommission, the period of reimbursement established by that filingshall apply to a joint request filed pursuant to this section. (e) (1) If the Legislature accepts the joint request anddetermines that those provisions of the statute or executive order,or portion thereof, mandate a new program or higher level of servicerequiring reimbursement of local agencies or school districtspursuant to Section 6 of Article XIII B of the CaliforniaConstitution, it shall adopt a statute declaring that the statute orexecutive order, or portion thereof, is a legislatively determinedmandate and specify the term and period of reimbursement andmethodology for reimbursing eligible local agencies or schooldistricts. If no term is specified in the statute, then the termshall be five years, beginning July 1 of the year in which thestatute is enacted. (2) For the purpose of this subdivision, "term" means the numberof years specified in the statute adopted pursuant to thissubdivision for reimbursing eligible local agencies or schooldistricts for a legislatively determined mandate. (f) When the Legislature adopts a statute pursuant to paragraph(1) of subdivision (e) on a mandate subject to subdivision (b) ofSection 6 of Article XIII B of the California Constitution, theLegislature shall do either of the following: (1) Appropriate in the Budget Act the full payable amount forreimbursement to local agencies that has not been previously paid. (2) Suspend the operation of the mandate pursuant to Section 17581or repeal the mandate. (g) The Department of Finance, or a local agency, school district,or statewide association shall notify the commission of actionstaken pursuant to this section, as specified below: (1) Provide the commission with a copy of any communicationsregarding development of a joint request under this section and acopy of a joint request when it is submitted to the Legislature. (2) Notify the commission of the date of (A) the Legislature'saction on a joint request in the Budget Act, or (B) the Department ofFinance's decision not to submit a joint request on a specificstatute or executive order. (h) Upon receipt of notice that a joint request has been submittedto the Legislature on the same statute or executive order as apending test claim, the commission may stay its proceedings on thepending test claim upon the request of any party. (i) Upon enactment of a statute declaring a legislativelydetermined mandate, enactment of a reimbursement methodology, andappropriation for reimbursement of the full payable amount that hasnot been previously paid in the Budget Act, all of the followingshall apply: (1) The Controller shall prepare claiming instructions pursuant toSection 17558, if applicable. (2) The commission shall not adopt a statement of decision,parameters and guidelines, or statewide cost estimate on the samestatute or executive order unless a local agency or school districtthat has rejected the amount of reimbursement files a test claim ortakes over a withdrawn test claim on the same statute or executiveorder. (3) A local agency or school district accepting payment for thestatute or executive order, or portion thereof, that mandates a newprogram or higher level of service pursuant to Section 6 of ArticleXIII B of the California Constitution shall not be required to submitparameters and guidelines if it is the successful test claimantpursuant to Section 17557.17574.  (a) A local agency or school district agrees to thefollowing terms and conditions when it accepts reimbursement for alegislatively determined mandate pursuant to Section17573: (1) Any unpaid reimbursement claims the local agency or schooldistrict has previously filed with the Controller pursuant to Section17561 and derived from parameters and guidelines or reasonablereimbursement methodology shall be deemed withdrawn if they are onthe same statute or executive order of a legislatively determinedmandate and for the same period of reimbursement. (2) The payment of the amount agreed upon pursuant to Section17573 constitutes full reimbursement of its costs for that mandatefor the applicable period of reimbursement. (3) The methodology upon which the payment is calculated is anappropriate reimbursement methodology for the term specified insubdivision (e) of Section 17573. (4) A test claim filed with the commission by a local agency orschool district on the same statute or executive order as alegislatively determined mandate shall be withdrawn. (5) A test claim on the same statute or executive order as alegislatively determined mandate will not be filed with thecommission except as provided in subdivision (c). (b) If a local agency or school district rejects reimbursement fora legislatively determined mandate pursuant to Section 17573, alocal agency or school district may take over a withdrawn test claimwithin six months after the date the test claim is withdrawn, bysubstitution of parties and compliance with the filing requirementsin subdivision (b) of Section 17553, as specified in the commission'snotice of withdrawal. (c) (1) Notwithstanding Section 17551 and subdivision (b) ofSection 17573, a local agency or school district may file a testclaim on the same statute or executive order as a legislativelydetermined mandate if one of the following applies: (A) The Legislature amends the reimbursement methodology and thelocal agency or school district rejects reimbursement. (B) The term of the legislatively determined mandate, as definedin subdivision (e) of Section 17573, has expired. (C) The term of the legislatively determined mandate, as definedin subdivision (e) of Section 17573, is amended and the local agencyor school district rejects reimbursement under the new term. (D) The mandate is subject to subdivision (b) of Section 6 ofArticle XIII B and the Legislature does both of the following: (i) Fails to appropriate in the Budget Act funds to reimburselocal agencies for the full payable amount that has not beenpreviously paid based on the reimbursement methodology enacted by theLegislature. (ii) Does not repeal or suspend the mandate pursuant to Section17581. (2) A test claim filed pursuant to the authority granted by thissubdivision shall be filed within six months of the date an actiondescribed in subparagraph (A), (B), (C), or (D) of paragraph (1)occurs. (d) Notwithstanding any other provision of this section, a localagency or school district shall not file a test claim pursuant tothis section if the statute of limitations specified in subdivision(c) of Section 17551 expired before the date a legislativelydetermined mandate was adopted by the Legislature pursuant to Section17573. (e) Notwithstanding the period of reimbursement specified insubdivision (e) of Section 17557, a test claim filed pursuant to thissection shall establish eligibility for reimbursement beginning withthe fiscal year of an action described in subparagraph (A), (B),(C), or (D) of paragraph (1) of subdivision (c).17574.5.  The determination of a legislatively determined mandatepursuant to Section 17573 shall not be binding on the commission whenmaking its determination pursuant to subdivision (a) of Section17551.